Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
GCCSUPPLY-1R-4 (28122016) 31 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
GCCSUPPLY-1R-4 (28122016) 33 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
GCCSUPPLY-1R-4 (28122016) 34 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
GCCSUPPLY-1R-4 (28122016) 35 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
GCCSUPPLY-1R-4 (28122016) 36 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
GCCSUPPLY-1R-4 (28122016) 37 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
GCCSUPPLY-1R-4 (28122016) 38 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
GCCSUPPLY-1R-4 (28122016) 39 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
GCCSUPPLY-1R-4 (28122016) 40 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
GCCSUPPLY-1R-4 (28122016) 41 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
GCCSUPPLY-1R-4 (28122016) 31 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
GCCSUPPLY-1R-4 (28122016) 33 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
GCCSUPPLY-1R-4 (28122016) 34 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
GCCSUPPLY-1R-4 (28122016) 35 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
GCCSUPPLY-1R-4 (28122016) 36 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
GCCSUPPLY-1R-4 (28122016) 37 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
GCCSUPPLY-1R-4 (28122016) 38 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
GCCSUPPLY-1R-4 (28122016) 39 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
GCCSUPPLY-1R-4 (28122016) 40 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
GCCSUPPLY-1R-4 (28122016) 41 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
GCCSUPPLY-1R-4 (28122016) 31 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
GCCSUPPLY-1R-4 (28122016) 33 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
GCCSUPPLY-1R-4 (28122016) 34 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
GCCSUPPLY-1R-4 (28122016) 35 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
GCCSUPPLY-1R-4 (28122016) 36 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
GCCSUPPLY-1R-4 (28122016) 37 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
GCCSUPPLY-1R-4 (28122016) 38 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
GCCSUPPLY-1R-4 (28122016) 39 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
GCCSUPPLY-1R-4 (28122016) 40 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
GCCSUPPLY-1R-4 (28122016) 41 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
GCCSUPPLY-1R-4 (28122016) 31 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
GCCSUPPLY-1R-4 (28122016) 33 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
GCCSUPPLY-1R-4 (28122016) 34 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
GCCSUPPLY-1R-4 (28122016) 36 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
GCCSUPPLY-1R-4 (28122016) 37 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
GCCSUPPLY-1R-4 (28122016) 38 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
GCCSUPPLY-1R-4 (28122016) 39 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
GCCSUPPLY-1R-4 (28122016) 40 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
GCCSUPPLY-1R-4 (28122016) 41 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
GCCSUPPLY-1R-4 (28122016) 33 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
GCCSUPPLY-1R-4 (28122016) 34 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
GCCSUPPLY-1R-4 (28122016) 36 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
GCCSUPPLY-1R-4 (28122016) 37 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
GCCSUPPLY-1R-4 (28122016) 38 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
GCCSUPPLY-1R-4 (28122016) 39 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
GCCSUPPLY-1R-4 (28122016) 40 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
GCCSUPPLY-1R-4 (28122016) 41 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
GCCSUPPLY-1R-4 (28122016) 31 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
GCCSUPPLY-1R-4 (28122016) 41 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
GCCSUPPLY-1R-4 (28122016) 31 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
GCCSUPPLY-1R-4 (28122016) 33 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
Subsequent to the enactment of CLND Act 2010 and Rule 2011 the Purchaser shall have Right to Recourse
against the contractor in accordance with provisions under Section 17(a) of Civil Liability for Nuclear
Damage Act 2010 as referred in GCC
To have clarity on the terms used in the CLND Act 2010 and Rule 2011 pertaining to Right to Recourse
following definition to be considered by the bidder before submission of bids
i ldquoContractorrdquo ndash shall be as per applicable GCC
ii ldquoSupplierrdquo shall be as defined in CLND Rule 24-2
iii ldquoProduct Liability Period (PLP)rdquo shall be as defined in CLND Rule 24-2
Explanation wrt GCC In case of supply of equipment(s) PLP shall be the Defect Liability
Period plus contractual Latent Defect Liability Period where as in case of services PLP shall
be up to Defect Liability period as defined in applicable GCC
iv ldquoInitial Licenserdquo (Refer CLND Rule 24-2) The initial license unless otherwise specified
is valid for a period of five years from the date of its issue by AERB
18 Disclosures
181 Any change in the constitution of the contractorrsquos firm where it is a partnership firm as declared in the E-bid
should be disclosed to NPCIL at any time between the submission of E-bids and the signing of the contract
The same shall be disclosed during the currency as per the GCC clause no 1112 (Changes in Constitution)
------------------- ----------------------
Annexure-X
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
Qualification Criteria
-NIL-
SECTION ndash B
GENERAL CONDITIONS OF CONTRACT
(FORM NO GCCSupply-1Rev4)
FORM NO GCCSupply-1Rev4
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
DIRECTORATE OF CONTRACTS AND MATERIALS MANAGEMENT
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
APPLICABLE TO THE CONTRACTS PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
28122016
GCCSUPPLY-1R-4
GENERAL CONDITIONS OF CONTRACT
FOR SUPPLY OF INDIGENOUS STORES
PLACED BY
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
Preamble 11 The scope of the Contract shall be design engineering manufacture inspection test supply transportation amp
delivery as the case may be of the Stores plants materials components equipment machineries instruments appliances and accessories in accordance with the technical specifications and drawings of the Contract documents
12 The General Conditions of Contract (GCCSupply-1R-4) shall form a part of the Contract 13 In case of any variance between the terms and conditions of the General Conditions of Contract (GCCSupply-1R-
4) and the conditions as may be stipulated in the Contract the latter shall prevail to the extent applicable 14 All the rights discretion and powers of the Purchaser under the Contract shall be exercised by the Purchaser through
written communications which shall be given by the Executive Director Directorate of Contracts and Materials Management or other officers authorised by him for and on behalf of the Purchaser
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
I N D E X
CONTENTS Page No
1 General Provisions 5
11 Definitions 12 Interpretations 13 Communications 14 Language 15 Governing Law 16 Jurisdiction 17 Priority of Documents 18 Contractorrsquos Documents 19 Purchaserrsquos Documents 110 Confidentiality 111 Consortium Joint Venture Partnership 112 Country of Origin 113 Independent Contracts
2 The Purchaser 11 21 Accuracy of Information 22 Permit Licences or Approvals 23 Free Issue Material 24 Purchaserrsquos Representatives
3 The Contractor 31 General Obligations 11 32 Permit Licences or Approvals 33 Compliance with law 34 Securities 35 Contractorrsquos Representative 36 Sub-contracting 37 Subletting or Assignment of Contract 38 Quality Assurance
16 4 Subject Matter of Contract
41 Scope of facilities 42 Delivery Schedule
5 Contract Price and Payment 17 51 Contract Price 52 Price Basis 53 Currency of Payment 54 Price Adjustment 55 Price Adjustment Formula 56 Terms of Payment 57 Application for Payment 58 Mode of Payment 59 Interest on delayed payment 510 Recovery of Advance Payments in case of breach of contract 511 Recovery of Sums Due 512 Taxes and Duties
GCCSUPPLY-1R-4 (28122016) 2 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6 Guarantee Liability and Risk Distribution 25
61 Completion Time Guarantee
62 Delay in Supply
63 Functional Guarantee
64 Defect Liability
65 Transfer of Ownership
66 Intellectual Property Rights (IPR) Indemnification
67 Indemnity Against Loss Damage
68 Indemnity for Taxes and Duties
69 Limitation of Liability
610 Insurance
611 Force Majeure
612 Liability of the Government of India
7 Work Program 35
71 Contractorrsquos Organisation
72 Program of Performance
73 Work Procedures
74 Progress of Performance
75 Progress Report
76 Hindrances
8 Design and Engineering 36 81 General Design Obligation
82 Codes and Standards
83 Review Approval of Contractorrsquos Documents
9 Procurement and Supply 3891 General Provisions 92 Free Issue Materials (FIM) 93 Packing and Marking 94 Transportation 95 Custom Clearance 96 Training 97 Manuals
10 Quality Assurance Inspection Acceptance and Rejections 43 101 Quality Assurance Program
102 Inspection Testing and Rejection
103 Supervision of Erection amp Commissioning
11 Changes in the Scope of Work 46 111 Right to vary 112 Changes Originating from Purchaser 113 Changes Originating from Contractor
12 Time Extension 47 121 Extension of Time for Completion
GCCSUPPLY-1R-4 (28122016) 3 OF 54 +
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
13 Foreclosure and Termination 48131 Foreclosure of Contract 132 Cancellation Termination of Contract in Full or Part 133 Termination on Death
14 Settlement of Disputes 52141 Settlement by Mutual Consultation 142 Arbitration 143 General
15 Abbreviations Used 54
List of Annexures
Annexure-A Format for ldquoAdvance Bank Guaranteerdquo
Annexure-B Format for ldquoSecurity Depositrdquo
Annexure-C Format for ldquoPerformance Bondrdquo
Annexure-D Format for ldquoApplication for Paymentrdquo
Annexure-E Format for ldquoIndemnity Bond against Free Issue Material
Annexure-F Format for ldquoCertificate towards Excise Dutyrdquo
Annexure-G Format for ldquoCertificate towards Sales Taxrdquo
Annexure-H Format for ldquoCertificate towards Service Taxrdquo
GCCSUPPLY-1R-4 (28122016) 4 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1 GENERAL PROVISIONS 11 Definitions 111 Acceptancerdquo shall mean and deemed to include one or more of the following as stipulated in the tender
a) acceptance of the Stores at Purchaserrsquos Site after its receipt and due inspection and release of ldquoMaterial Receipt Voucherrdquo (MRV) which should be completed within 75 (seventy five) days from the date of receipt of the Stores at Purchaserrsquos Site subject to the Contractor meeting the requirements stipulated in the Contract
b) where the scope of the Contract includes supply erection and commissioning acceptance shall mean issue of
necessary Material Receipt Voucher after commissioning and final acceptance of Equipment Machinery and Instrument etc which should be completed within 75 (seventy five) days from the date of commissioning of the Stores at Purchasers Site subject to the Contractor meeting the requirements stipulated in the Contract
112 ldquoBidrdquo shall mean the tender offer and quotation in response to the Tender Enquiry 113 ldquoChange Order shall mean a written amendment to the existing contract or a new contract from the Purchaser
to the Contractor after the Effective Date of the contract requiring a change in any part of the Stores that may involve
a) a change in the scope of work
b) addition omission of work and
c) a change in any of the provision scope of the contract
114 ldquoConsigneerdquo shall mean the authorised representative or officer of the Purchaser at site to whom the Stores are
required to be delivered in the manner indicated in the Contract 115 Contractorrdquo shall mean firm company joint venture consortium with whom or with which the purchase
order for the supply of Stores is placed and shall be deemed to include the Contractorrsquos legal successors andor assignees (approved by the Purchaser) representatives heirs executors and administrators unless excluded by the Contract
116 Contract or Purchase Order shall mean the communication or document signed for and on behalf of the
Purchaser by an Officer duly authorised confirming the acceptance for and on behalf of the Purchaser of Tender or Offer of the contractor on the terms and conditions mentioned or referred to in the said communication and other documents including Tender Document Terms and Conditions of the contract and such other documents as may be expressly incorporated in the Contract by reference and all mutually agreed amendments in writing made to
any of them
117 ldquoContractual Delivery Daterdquo shall mean the stipulated date on which the contractor shall attain lsquocompletionrsquo of the Supply of Stores as specified in the purchase order
118 ldquoContract Pricerdquo shall mean the price as specified in ldquoSection A ndash Item and Price Schedulerdquo of the Contract subject to such addition and adjustment thereof or deduction there from as may be made pursuant to the contract
119 ldquoDayrdquo or ldquoDaysrdquo shall mean a Gregorian calendar day or days of twenty-four (24) hours each
GCCSUPPLY-1R-4 (28122016) 5 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1110 ldquoDefect Liability Periodrdquo shall mean the period of validity of the warranties given by the contractor during which the contractor is responsible for defects with respect to the Stores or the relevant part thereof as provided in GCC clause 64 (Defect Liability)
1111 ldquoEffective Daterdquo or Commencement Date shall mean the date of issue of Purchase Order on which the
contract shall come into force
1112 ldquoGCCrdquo shall mean this General Conditions of the Contract for Supply of Indigenous Stores 1113 Latent Defect shall mean a defect inherently lying within the material or arising out of design deficiency
which do not manifest themselves andor was not reasonably discoverable during Defect Liability period
1114 ldquoMonthrdquo shall mean a month according to Gregorian calendar
1115 ldquoQuality Surveillance Engineer Inspectorrdquo shall mean any person appointed by or on behalf of the Purchaser to inspect or carry out quality surveillance on supplies stores or work under the Contract or any person deputed by the Quality Surveillance Engineer for the said purpose
1116 Particulars shall mean the following
a) Specification(s)
b) Drawing(s)
c) Sealed pattern denoting a pattern sealed and signed by the Quality Surveillance Engineer
d) Proprietary make denoting the produce of any individual firm and
e) Any other details governing the construction manufacture andor supply as provided in the Contract 1117 Party shall mean Purchaser or Contractor as named in the Contract individually and ldquoPartiesrdquo shall mean
Purchaser and Contractor collectively 1118 Performance Test shall mean all operational checks and tests required to determine the performance
parameters including inter-alia capacity efficiency and operating characteristics of the Stores as specified in the Contract
1119 ldquoPlant and Equipmentrdquo means permanent plant equipment machinery apparatus systems articles
and things of all kinds to be provided by the Contractor under the Contract including the spare parts tools amp tackles to be supplied by the Contractor
1120 ldquoProject Managerrdquo shall mean the person appointed by the Purchaser in the manner provided in GCC
sub-clause 242 (Purchaserrsquos Representatives) hereof and named as such in the Contract 1121 Purchaser shall mean the Nuclear Power Corporation of India Limited a Government of India Enterprise
acting through Executive Director Directorate of Contracts amp Materials Management
1122 ldquoSCCrdquo shall means Special Conditions of the Contract hereof
GCCSUPPLY-1R-4 (28122016) 6 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1123 Shipping Release shall mean the document issued by the inspector or the inspection agency nominated by the Purchaser authorising the Contractor to ship the Stores on satisfactory completion of inspection
1124 ldquoSiterdquo means the place(s) where the Stores are to be supplied and any other places as may be specified in the
Contract as forming part of the Site 1125 Storesrdquo shall mean and include what the Contractor agreed to supply under the Contract as specified in
the Contract and shall include inter-alia goods and materials equipment machinery components instruments appliances accessories and plant
1126 ldquoSub-contractorrdquo shall mean any person on whom preparation of any design or supply of any Stores and Other
Service(s) is subcontracted directly or indirectly by the Contractor and includes its legal successor or permitted assignees and unless otherwise stated all the Sub-contractors and suppliers to such Person and the term Sub-Contract shall be construed accordingly
1128 ldquoWillful Misconductrdquo shall mean that the Contractor has intentionally concealed the defect in full knowledge of the consequences that may flow from its existence and the defect is one which the Purchaser could not have discovered on careful examination of the Plant at the time of acceptance or during the Defect Liability Period
12 Interpretation 121 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 ldquoagreerdquo ldquoagreedrdquo or ldquoagreementrdquo require the agreement to be record in writing
(d) the word ldquotenderrdquo is synonymous with ldquobidrdquo ldquotendererrdquo with ldquobidderrdquo and ldquotender documentsrdquo with
ldquobidding documentsrdquo and
(e) ldquowrittenrdquo or ldquoin writingrdquo means hand-written type-written printed or electronically made and resulting in a permanent record
The marginal words and headings shall not be taken into consideration in the interpretation of these Conditions
122 Persons
Words incorporating persons or parties shall include firms consortiums corporations government entities and other bodies whether incorporated or not but having legal entity
123 Incoterms
Unless inconsistent with any provision of the Contract the meaning of any trade term and the rights and obligations of parties there under shall be as prescribed by Incoterms 2000
Incoterms means international rules for interpreting trade terms published by the International Chamber of Commerce (latest edition) 38 Cours Albert 1er 75008 Paris France
GCCSUPPLY-1R-4 (28122016) 7 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
124 Entire Agreement
The Contract constitutes the entire agreement between the Purchaser and Contractor with respect to the subject
matter of Contract and includes all written communications negotiations and agreements of parties with respect
thereto made prior to the date of Contract that are included as reference in the Contract
125 Non-waiver
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
Any waiver of a partyrsquos rights powers or remedies under the Contract must be in writing must be dated and signed by an authorized representative of the party granting such waiver and must specify the right and the extent to which it is being waived
126 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
13 Communications 131 Unless otherwise stated in the Contract all communications to be given under the Contract shall be in writing and
shall be sent by personal delivery airmail post special courier or facsimile to the address of the relevant party set out in the Contract
132 For communications to be sent by the Purchaser to the Contractor the following provisions shall apply
a) Any communication sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch In proving the fact of dispatch it shall be
sufficient to show that the envelope containing such notice was properly addressed stamped and conveyed to
the postal authorities or courier service for transmission by airmail or special courier
b) Any communication delivered personally or sent by facsimile shall be deemed to have been delivered on date of personal delivery or date of its dispatch as the case may be
133 Communications shall be deemed to include any approvals consents instructions notices orders amendment to
the Contract and certificates to be given under the Contract
134 Either party may change its postal facsimile address or addressee for receipt of such communication by 10 daysrsquo notice to the other party in writing
14 Language 141 The ruling language of the Contract and language for communication shall be English
GCCSUPPLY-1R-4 (28122016) 8 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED
General Conditions of Contract for Supply of Indigenous Stores
15 Governing Law
151 The Contract shall be governed by the law of the country The country unless otherwise stated in the
contract shall be India
16 Jurisdiction
161 The courts in Mumbai shall have exclusive jurisdiction to deal with and decide all disputes arising out of
related Contract
17 Priority of Documents 171 The documents forming the contract are to be taken as mutually explanatory of one another For the purposes of
interpretation the priority of documents shall be in accordance with the following sequence
a) the Contract Agreement Purchase Order
b) the Special Conditions of Contract (SCC)
c) the General Condition of Contract (GCC)
d) the Tender (including technical specifications drawings etc) document other than Sr (b) amp (c) above
18 Contractorrsquos Documents 181 As between the Parties the Contractor shall retain the rights for which the Contractor has copyrights and other
intellectual property rights (IPR) and for all other documents prepared created in the course of execution of the Contract the IPR will remain with the Purchaser
182 The Contractor shall be deemed to give to the Purchaser a non-terminable transferable non-exclusive royalty-free
licence to copy use and communicate the contractorrsquos documents including making and using modifications of them This licence shall
(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of the Stores
(b) entitle any person in proper possession of the relevant part of the Stores to copy use and communicate the
contractorrsquos documents for the purposes of completing operating maintaining altering adjusting repairing and decommissioning the Stores and
(c) in the case of contractorrsquos documents which are in the form of computer programs and other
software permit their use on any computer on the Site and other places as envisaged by the Contract including replacements of any computers supplied by the Contractor
19 Purchaserrsquos Documents 191 As between the Parties the Purchaser shall retain the copyright and other intellectual property rights in the
Specification the Drawings and other documents made by (or on behalf of) the Purchaser The Contractor may at
his cost copy use and obtain communication of these documents for the purposes of the Contract They shall
not without the Purchaserrsquos consent be copied used or communicated to a third party by the Contractor
except as necessary for the purposes of the Contract and with prior consent of the Purchaser
110 Confidentiality 1101 The Contractor shall take necessary steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and shall continue to apply even after the execution of the Contract
GCCSUPPLY-1R-4 (28122016) 9 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1102 All information drawings designs and specifications imparted to the Contractor shall at all times remain the absolute property of the Purchaser The Contractor shall not use them for purposes other than for which they are provided for and shall treat all these documents as confidential These shall not be reproduced in whole or in part for any other purpose
1103 The Contractor shall use his best endeavours to ensure that such information are not divulged to third parties
except where needed for the performance of the Contract by the Contractor with the prior consent of the Purchaser In such cases the Contractor shall ensure and obtain similar obligation of confidence from third parties in question
1104 The Contractor shall at his own cost procure from his own employees agents or sub-contractors (and agents and
sub-contractors of such agents and sub-contractors) the execution of a Confidentiality Agreement in the form and
manner acceptable to the Purchaser and shall do or assist in doing all such acts deeds and things to cause such
employees agents and sub-contractors to whom the confidential information is given to be bound by all the
confidentiality obligations as the Contractor is bound under this Agreement
1105 The provisions of this clause of GCC shall survive termination for whatever reason of the Contract
111 Consortium Joint Venture Partnership 1111 Joint and Several Liability
If the Contractor constitutes a joint venture consortium or other unincorporated grouping of two or more entities
a) each of these entities shall be deemed to be jointly and severally liable to the Purchaser for the performance of the Contract
b) these entities shall notify the Purchaser one of such entities as their leader who shall have authority to bind the
Contractor and each of these entities
1112 Changes in Constitution
Where the Contractor is a partnership firm Joint Venture or consortium prior approval in writing of the Purchaser shall be obtained before any change is made in the constitution of the contractor
If prior approval as aforesaid is not obtained the contract shall be voidable in accordance with the GCC clause 132 (Cancellation Termination of Contract in FullPart) at the Purchaserrsquos discretion
112 Country of Origin
1121 ldquoCountry of Originrdquo means the place where the materials equipment and other supplies for the Facilities
are mined grown produced or manufactured and from which the services are provided
113 Independent Contracts 1131 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 Purchaser and nothing contained in the
GCCSUPPLY-1R-4 (28122016) 10 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
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 Purchaser The Contractor shall indemnify the Purchaser for any loss suffered or costs incurred by the Purchaser on account of any claims raised by the representatives employees or third parties to whom the contractor is solely responsible in terms hereof or under the Contract
2 THE PURCHASER 21 Accuracy of Information
211 The Purchaser shall ensure the accuracy of all information andor data to be supplied by the Purchaser as
described in the Technical Specification of the Tender except when otherwise expressly stated in the
Contract
22 Permits Licenses or Approvals 221 The Purchaser shall provide at the request of the Contractor such reasonable assistance in the form of issue of
necessary certificates as required under law so as to allow the Contractor to obtain any permits licenses or
approvals required by the Laws of the Country which the Contractor is required to obtain under GCC clause 32
for the delivery of Goods including clearance through customs However no claims can be made by the contractor
with respect to this clause The Contractor shall bear all cost charges and expenses for the licenses permits and
approvals required to be obtained by him under clause 32 hereof 222 The Purchaser shall acquire and pay for all permits approvals andor licenses from all local state or national
government authorities or public service undertakings that such authorities or undertakings require the Purchaser to obtain them in the Purchaserrsquos name and are necessary for the execution of the project
23 Free Issue Material
231 The Purchaser shall provide Free Issue Material (FIM) if specified in the tender to Contractor as per
quantitiessizes indicating costs of such free issue material mentioned in the tender
24 Purchaserrsquos Representatives 241 Senior General Manager General Manager Additional General Manager Deputy General Manager
CampMM as mentioned in the Contract is the Purchaserrsquos representative for all commercial matters of the Contract
242 Project Manager The Project Manager as mentioned in the Contract will be the Purchaserrsquos representative for
all technical matters under the Contract and will remain the nodal agency for this purpose during the execution of the Contract
3 THE CONTRACTOR 31 General Obligations 311 The Contractor shall design (to the extent specified in the Contract) procure manufacture (including associated
Purchases andor sub-contracting) inspect test pack and supply the Stores with due care and diligence in accordance with the Contract and with the Purchaserrsquos instructions and shall remedy any defects in the Stores occurring in defect liability period and remedy latent defects within a further period of five (05) years from end of defect liability period
GCCSUPPLY-1R-4 (28122016) 11 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
312 The Stores supplied by the Contractor shall be brand new of the best quality and workmanship and shall comply in all respects with Particulars of the Contract When completed the Stores shall be fit for the purposes for which the Stores are intended as defined in the Contract
313 The Contractor shall whenever required by the Purchaser submit details of the arrangements and methods which
the Contractor proposes to adopt for the execution of the Contract No significant alteration to these arrangements
and methods shall be made without this having previously been notified to the Purchaser 314 The Contractor shall be deemed to have carefully examined all Contract documents and obtained clarifications
from the Purchaser where needed to his entire satisfaction before submitting the bid In particular and without
prejudice to the foregoing conditions and in addition thereto when tenders are called for furnishing Particulars the Contractorrsquos tender to supply in accordance with such Particulars shall be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and no claim on his part which may arise on account of non-examination or misunderstanding of the Particulars will in any circumstances be consideredpayable by the Purchaser
32 Permits Licenses or Approvals 321 The Contractor shall at his own cost acquire in its name all permits approvals andor licenses from all local state
or national government authorities or public service undertakings in India that are necessary for the performance of the Contract The Contractor shall also acquire all other permits approvals andor licenses that are not the responsibility of the Purchaser under GCC sub-clause 222 hereof and that are necessary for the performance of the Contract
33 Compliance with law 331 The Contractor shall comply with all laws in force in India and in the States where the Stores are manufactured
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 Purchaser 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 Sub-contractors and their personnel but
without prejudice to GCC clause 21 (Accuracy of Information) hereof
34 Securities 341 The contractor shall provide the securities in favour of the Purchaser in the form of bank guarantees as stated in
GCC sub-clause no 342 343 and 345 here in below subject to the following conditions
a) The bank guarantee shall be from scheduled commercial bank in India (except co-operative bank) and shall be governed by Indian Laws and be subject to the jurisdiction of courts in Mumbai India
b) The bank guarantees shall be submitted as per the format annexed to this GCC
c) All bank guarantees are to be sent by the bankers directly to the Purchaser
d) The value of the bank guarantees submitted towards security of advance payments as per GCC sub-clause
343 herein below may be reduced once in six months to the extent of receipt of itemsmaterials by the Purchaser and the advance amount adjusted against such receipts
GCCSUPPLY-1R-4 (28122016) 12 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
342 Security Deposit
a) Contractor shall furnish Security Deposit for 10 of the total value in respective contract currencies for due performance of the said contracts in the form of a Bank Guarantee within 30 days from the date of award of contracts and it shall be valid till satisfactory completion of the contract and submission of Performance Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a claim period of three months for lodging of claims if any
b) If the Contractor fails to provide the Security Deposit Bank Guarantee as stated herein above within 30 days from the date of issue of Contract such failure shall constitute a breach of contract and the Purchaser shall be entitled to cancel the Contract and make alternate arrangements for the purchase of the Stores contracted from other sources at the risk and expense of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor the damages arising from such cancellation
c) In the event the Contractor fails to fulfil the obligations under the Contract the Purchaser shall have the right to encash and appropriate the Security Deposit Bank Guarantee This right shall be in addition to and without prejudice to the rights of the Purchaser to recover from the Contractor any loss or damages that the Purchaser is herein entitled
343 Advance Stage Payments Security
As a pre-requisite for release of advancestage payments Contractor shall submit bank guarantee for equal amount denominated in the currency in which such advancestage payments are to be released valid till completion of supply plus three months claim period
344 Where the Contractor fails to complete supply of Stores within the Contractual Delivery Date the Contractor shall
extend the validity of Bank Guarantee(s) submitted pursuant to GCC clause nos 342 and 343 above suitably to
cover the extendedexpected delivery date well in time and in any extent two(02) months before expiry of original
Contractual Delivery Date failing which the Purchaser shall have the right to invoke the Bank Guarantee(s)
without prejudice to the terms and conditions of the contract
345 Performance Bond
a) The contractor shall submit a Performance Bond in the form of Bank Guarantee for an amount equal to ten
(10) percent of the total value of the contract as a security for satisfactory performance and warranty
guarantee of the Stores supplied by the Contractor and its sub-contractors under the contract
b) The Performance Bond Bank Guarantee shall be submitted on completion of supply and before release of (balance 10) final payment and shall remain valid during the complete defect liability period as per GCC Sub Clause 641 and any extension to defect liability as per GCC Sub Clause no 644 plus a claim period of three (03) months thereafter for lodging of claims
c) The Performance Bond Bank Guarantee shall also be extended suitably pursuant to GCC sub-clause no 644 (Extension of Defect Liability) at least thirty days before the expiry of the period of validity thereof in the event of repair replacement of any Stores or any part thereof during defect liability
GCCSUPPLY-1R-4 (28122016) 13 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
period to take care of extended defect liability period of Stores repairedreplaced andor Stores remaining idle due to such defects and repair replacement of the same
346 In the event the Contractor is required to extend the validity of the Bank Guarantees submitted for Security Deposit Advance Payment and Performance Bond for delays attributable to the Purchaser the corresponding Bank Guarantee Extension charges shall be borne by the Purchaser
347 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside Purchaserrsquos site)
The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor
35 Contractorrsquos Representative 351 The Contractor shall appoint the Contractorrsquos Representative within fourteen (14) days of issue of the
Purchase Order and shall request the Purchaser in writing to approve the person so appointed If the Purchaser makes no objection to the appointment within fourteen (14) days the Contractorrsquos Representative shall be deemed to have been approved If the Purchaser objects to the appointment within fourteen (14) days giving the reason therefore then the Contractor shall appoint a replacement within fourteen (14) days of such objection and the foregoing provisions of this GCC sub-clause no351 shall apply thereto
The Contractorrsquos Representative will have to be assisted by senior executives of the company in charge of each discipline ie Engineering Planning Procurement Manufacturing and Quality Assurance etc He shall be vested with powers to take prompt decisions
352 The Contractorrsquos Representative shall represent and act for the Contractor at all times during the currency of the
Contract All notices instructions information and all other communications to be given by the
Purchaser to the Contractor under the Contract shall be given to the Contractorrsquos Representative except as herein otherwise provided All the contractorrsquos notices instructions information and other communication under the contract shall be given by the Contractorrsquos Representatives in the following manner
Regarding
(a) Commercial Issues Senior General Manager General Manager Additional General Manager Deputy
General Manager CampMM as specified in the Purchase Order
(b) Technical issues Project Manager 353 The Contractor shall not revoke the appointment of the Contractorrsquos Representative without the
Purchaserrsquos prior written consent which shall not be unreasonably withheld If the Purchaser consents thereto the Contractor shall appoint some other person as Contractorrsquos representative pursuant to the procedure set out in GCC sub-clause 351
354 The Purchaser 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 Purchaser may behave
GCCSUPPLY-1R-4 (28122016) 14 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
inappropriately may be incompetent or negligent the Purchaser shall provide evidence of the same where upon the Contractor shall remove such person from the execution of the Contract
355 If any representative or person employed by the Contractor is removed in accordance with GCC sub-clause 354
the Contractor shall where required promptly appoint a replacement
36 Sub-contracting 361 The Contractor shall not sub contract any or all of the work without written consent of the Purchaser The
Contractor shall be solely responsible to the Purchaser for all work including that of the sub-contractor if allowed by the Purchaser
362 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or
services and a list of approved Subcontractors against each item including vendors The bidder in his bid or Part-I
bid in the case of two part tender may indicate additional subcontractors for any of the given items for evaluation
by the Purchaser and if found acceptable inclusion of such subcontractor in approved subcontractors list In so far
as no Subcontractors are listed against any such item the Contractor shall prepare and submit to Purchaser a list of
Subcontractors for such items for approval and inclusion in such list List of sub-vendors as issued with the
Contract shall be strictly adhered to for procurement of goodsservices from designated subcontractor(s)
However under very special and extra-ordinary circumstances Contractor may request Purchaser for change of
subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation
of subcontractor(s) proposed by him to the Purchaser for approval in sufficient time so as not to impede the
progress of work Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from
any of its obligations duties or responsibilities under the Contract 363 The Contactor shall select and employ its Subcontractors for such major items from those listed in the lists
referred to in GCC sub-clause 362
364 All payment to the sub-contractors shall be made by the Contractor 365 In the event the Contractor violates the condition for obtaining consent under clause 361 above the Purchaser
shall become entitled in its discretion to rescind that part of the Contract in respect of which such violation has
taken place by giving 30 days notice to the Contractor However the Purchaser may in the alternative scrutinise
such Sub-Contract or the Agreement entered into between the Contractor and the Sub-Contractor and either
ratify such sub-contract agreement subject to any conditions or stipulations imposed by the Purchaser in that
regard or afford time to the Contractor to rectify remedy his breach 366 It will be the duty of the Contractor to make good any defects in the work of the Sub-Contractor or finish any
incomplete work at his own cost andor to compensate the Purchaser for any damage done by the Sub-Contractor to the Property or Project of the Purchaser
37 Subletting or Assignment of Contract 371 The Contractor shall not sublet transfer or assign the Contract or any part thereof or bills or any other benefits
accruing there from or under the contract without the prior written consent of the Purchaser Such assignment or sub-letting if approved by the Purchaser shall not relieve the Contractor from any contractual obligation or responsibility under the Contract
GCCSUPPLY-1R-4 (28122016) 15 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
372 Any breach of this condition shall entitle the Purchaser to cancel the Contract or any part thereof and to purchase from other sources at the risk and cost of the Contractor in terms of GCC sub-clause no 132 (CancellationTermination of Contract in Full or Part) hereof andor recover from the Contractor damages arising from such cancellation
38 Quality Assurance 381 Procurement Manufacture amp Supply of Stores by the Contractor or Subcontractor(s) shall be subjected to
Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejection)
4 SUBJECT MATTER OF CONTRACT 41 Scope of Work 411 Unless otherwise expressly limited in the Technical Specifications the Contractorrsquos obligations cover
the supply of all Plant and Equipment (covering design engineering procurement manufacture Quality Assurance testing packing amp forwarding transportation and delivery at site) in accordance with the plans procedures specifications drawings codes and any other documents as specified in the Technical Specifications Such specifications include but are not limited to supply of Spares and Accessories
412 In the case of any class of work for which there is no such specifications as referred to above such work shall be
carried out in accordance with Bureau of Indian Standards Specifications In case there are no such specifications in Bureau of Indian Standards the work shall be carried out as per manufacturers specifications In case there are no such Specifications as referred to above the work shall be carried out in all respects in accordance with the instructions and requirements of the Project Manager
413 The Contractor shall carry out ensure the manufacture of Stores and all other execution of the Contract with properly equipped facilities and non-hazardous materials except as otherwise specified in the Contract and without any extra cost to the Purchaser
414 The Contractor shall unless specifically excluded in the Contract perform all such work andor 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 efficient functioning of the Stores as per specifications of the Tender as if such work andor items and materials were expressly mentioned in the Contract and without any extra cost to the Purchaser
415 Alteration Of Specifications Patterns And Drawings
a) The Purchaser reserves the right to alter whenever necessary specifications patterns and drawings As from that date the Stores shall be in accordance with the specifications patterns and drawings so altered which the Contractor is bound to comply with
b) In the event of such alteration involving a revision in the cost or in the delivery period the same shall be
discussed and mutually agreed pursuant to GCC clause no 112 (Changes Originating from Purchaser)
42 Delivery Schedule 421 Date of delivery of the Stores stipulated in the Contract shall be the essence of the Contract and delivery of Stores
must be completed by the dates specified therein Unless otherwise agreed the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly
GCCSUPPLY-1R-4 (28122016) 16 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD)
422 The Contractor shall complete delivery of the Stores (or of a part where a separate time for delivery of such part is
specified in the Contract) within the Contractual Delivery Date (CDD) stated in the contract Acceptance by the Purchaser of the Stores delivered by the Contractor after expiry of CDD shall be subjected to GCC clause no 62 (Delay in Supply)
423 The Contractor shall also ensure that the work sub-contracted by him is duly completed in time period specified
herein
5 CONTRACT PRICE AND PAYMENT 51 Contract Price 511 The contract price shall be as specified in Section-A of the purchase order which shall be stated and payable in
the currency as mentioned in GCC clause no 52 (Price Basis) and 53 (Currency of Payment) below 512 For contract(s) with contractual delivery period less than and upto 12 (twelve) months the contract price shall be
firm However contract price for such contracts(s) can be subjected to price adjustment only in the event of delay attributable to the Purchaser causing actual contract period to exceed 12 (twelve) months as provided in GCC Sub clause 542
513 For contracts with contractual delivery period exceeding 12 (twelve) months the contract price shall be subjected
to price adjustment either on positive or on negative side as per GCC clause nos 54 amp 55 below to reflect
changes in the cost of labour material etc Any bid containing a proposal for alternative system of pricing other
than so specified under GCC clause no 54 amp 55 below run the risk of rejection However the offer submitted on
fixed price basis will not be rejected but will be treated as the offer with price adjustment being zero The offer
shall specifically confirm adherence to the price adjustment clause of the tender or whether it is on fixed price
basis The name source and origin of material and labour indices to be applied for price adjustment shall be as
indicated in the bid subject to GCC sub-clause no 552 amp 553 514 Currency Exchange rate variation for imported raw materialscomponents shall not be claimedconsidered
separately
52 Price Basis
The Contract prices of all items and spares covered under the contract shall be on safe delivery basis to the Purchaserrsquos site as under
521 Price break-ups of indigenous items and spares shall be indicated as follows
i) Ex-works price including but not limited to CIF value of imported raw material component required for indigenous manufacture
ii) Inland transportation and Transit insurance
The prices of indigenous items and spares shall be exclusive of all taxes duties cess octroi etc CENVAT benefits available to Indian manufacturers shall however be taken into consideration in quoted prices and the Contractor shall pass on the benefits to the Purchaser CIF value of the imported raw materials components included in the Ex-works prices of indigenously manufactured items shall be
GCCSUPPLY-1R-4 (28122016) 17 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
shown separately for the purposes of 15 price preference loading vis-agrave-vis domestically manufactured goods for availing Deemed Export benefits if any
522 Price break-ups of imported items and spares delivered directly to the Site from Indian port of entry shall be
indicated as follows
i) FOB prices
ii) OceanAir freight amp Marine insurance
iii) Port handlingclearance inland transportation and inland transit insurance
FOB prices shall be inclusive of all taxes duties levies inland transportation up to the port of shipment and export licensing charges Other than FOB prices remaining price elements shall be exclusive of taxes duties cess octroi etc applicable in India
523 The prices of CommissioningStart-up spares shall be included in the basic prices of the main equipment and these spares are to be essentially dispatched with the respective main equipment only In case of shortage of the CommissioningStart-up spares during the actual erection and commissioning of the main equipments additional CommissioningStart-up spares shall be supplied by the contractor at his own cost and no customs duty deemed export benefits for such additional CommissioningStart-up spares shall be available
53 Currency of Payment 531 The contract price shall be in the currency in which price has been stated by the successful bidder in accordance
with the following
a) For supply of equipment spares and other materials supplied from abroad and delivered directly to the Site from Indian port of entry FOB price of such items shall be in Indian Rupees (INR) andor any other three
freely tradable foreign currencies or any combination of these currencies Indian Contractor opting for payment in foreign currency shall comply with the requirements laid down by Government of India from time to time
b) For Supply of equipment spares and other materials from indigenous sources Ex-works price of such items
inclusive of CIF value of imported raw material component shall be in Indian Rupees (INR)
c) Incidental charges for supply of indigenous items like transportation and transit insurance charges up to the Purchaserrsquos site in Indian Rupees (INR)
d) OceanAir Freight Marine Insurance Port HandlingClearance Local Transportation and Transit Insurance
charges for imported items to be delivered directly to the Purchaser shall be in Indian Rupees (INR)
e) Supervision Charges for Erection and Commissioning in INR Charges for expatriate Supervisor engaged for erection and commissioning in INR andor any other three freely tradable foreign currencies
54 Price adjustment 541 The contract price shall be subjected to price adjustment during the execution of the contract as provided herein
below The price adjustment provisions shall not be taken into account for evaluation of offers 542 The Contract Price adjustment under GCC clause no 54 amp 55 will only be applicable for the contracts where
the original contractual completion period is more than 12 months
For contract(s) where completion period as stipulated in NIT or Purchase order is less than and upto 12 (twelve) months and where there is a delay which is attributed to the Purchaser due to which the period
GCCSUPPLY-1R-4 (28122016) 18 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
of the contract exceeds 12 months the contract price adjustments will be applicable for the extended period (For example where the original contract period is 10 months and there is extension for 3 months then adjustment is payable for one month ie13th month only) However the Subscript value of ldquo0rdquo defined in GCC sub-
clause nos 551 below shall be the indices of the last month of the original contract period (ie the 10th
month in
the above example)
543 Only the following components of the contract price will be subject to Price adjustment
a) Ex-works price of indigenous plant and equipment excluding spares and value of free issue materials (if any) to be supplied by the Purchaser The price adjustment will be allowed up-to a ceiling of +-twenty percent (20) of the total Ex-works price component Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
b) FOB prices of imported plant and equipment excluding spares The price adjustment will be allowed up-to a
ceiling of +- twenty percent (20) of the total FOB price component in each of the contract currencies separately Price adjustment of individual items will be allowed to such an extent that net price adjustment of all the items in a given currency does not exceed this 20 ceiling and shall be payable recoverable accordingly
544 No adjustment of prices is allowed on spares tools tackles and accessories Engineering charges testing charges
analysis charges etc shownpayable separately shall also not be eligible for Price Adjustment
55 Price Adjustment Formula 551 The price adjustment formula to be applied to the ex-worksFOB price-component of the items shall be as
follows
ECl = EC ( F + aMlf1+ bNl f2 + cOl f3+ dPl f4+ eQl f5+ lbLl flb )
M
0
N0
O0
P0
Q0
L0
Where
EC1 = Adjusted ex-worksFOB price-component of items equipments
EC = Basic ex-worksFOB price-component of items equipments
M N O P amp Q = Corresponding published price indices of various materials
lb = Co-efficient of labour content in the ex-worksFOB cost of itemequipment
L = Labour index
F = Fixed portion of the ex-worksFOB component of the itemsequipments
which will not be subject to any adjustment
a b c d amp e = Coefficients of major materials involved in the ex-worksFOB price of the
itemsequipments The band of these coefficients is given separately and the
Bidders Contractors are required to select from the band the coefficients in
such a way that the sum of all these coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one
GCCSUPPLY-1R-4 (28122016) 19 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
f1 f2 f3 f4 f5 hellip are exchange rate corrective factors for the respective materials and flb is the
exchange rate correction factor for labour with reference to the currency of the
country of origin of index and the respective contract currency (INR) such that
f = Z0
Z1
Where Z is the number of units of the currency of the country of origin of index which is equivalent to one unit of contract currency (INR) The exchange rates to be used for calculation of factor lsquofrsquo shall be as per bills selling exchange rates established by The State Bank of India In the event origin of index happens to be India lsquof lsquo shall be equal to one (01)
Subscript lsquo0rsquo refers to indicesexchange rates as prevailing on the seventh day prior to the due date of submission of bid [Submission of both Part - I (Technical amp Commercial except Price) and Part ndash II (Price Bid)] For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered The Contractor will submit authentic copies of relevant published indices as on this date applicable to the tender along with his offer or any time before opening of Price bid
Subscript lsquo1rsquo refers to the indices exchange rates as on
a) 90 days prior to the date of dispatch for labour component and
b) The expiry of 23rd
period from the date of purchase order to the date of dispatch for material component
For the purpose of this clause the date of dispatch shall mean Contractual Delivery Date as per Contract or actual date of dispatch whichever is earlier For the purpose of exchange rate if this day happens to be a holiday the nearest previous working day shall be considered for this purpose
552 Index of Indigenous Raw materialscomponents and Labour
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted For the materials the indices as published by Reserve Bank of India and for the labour the indices as published by Labour Bureau Shimla only shall be applicable
553 Index of Imported Raw Materialscomponents
The indices for such material and labour subjected to Price Adjustment shall be clearly named in the offer submitted The indices shall be well established and nationally recognized in the country of manufacture If any other index is proposed full justification for its use shall be provided Preferably only Government indices shall be used
554 The Contractor is also required to provide authentic copies of indices pertaining to applicable end dates along with
each dispatch-wise invoice for arriving at adjusted ex-worksFOB price component without which the invoices will not be processed
GCCSUPPLY-1R-4 (28122016) 20 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
555 Adjusted Contract Price for Supply component The
adjusted contract price shall be
Σ EC1 + other elements of contract price if any
556 In case of supplies which are delayed beyond the Contractual Delivery Date (as given in the Contract) for reasons attributable to the Purchaser the price adjustment provisions shall continue to be applicable for an additional period equal to delay caused by the Purchaser subject to GCC sub-clause 541 542 amp 543 This shall however not deemed to be automatic extension of Contractual Date of Delivery
In case of supplies which are delayed beyond the Contractual Delivery Date (as given in Contract) for reasons attributable to the Contractor or Force Majeure events the provision of Price Adjustment shall not be applicable beyond the corresponding Contractual Delivery Date
In case Supplies are delayed beyond the Contractual Delivery Date (as given in the Contract) and the total delayed period can be apportioned between delays due to the Purchaser the Contractor and or Force Majeure events Price adjustments for the period of delay caused by the Purchaser will be allowed considering as if this delay due to the Purchaser happened first immediately after Contractual Delivery Date irrespective of actual point in time in which such delay by Purchaser occurs No price adjustment shall be allowed for delays apportioned to the Contractor and or Force Majeure events
557 The band of the coefficients applicable for price adjustment are given in GCC sub-clause no 5571 below The Contractor shall choose each coefficient from the bands in such a way that the sum of all these coefficients
ie lsquoarsquo lsquobrsquo lsquocrsquo hellip the material coefficients lsquoFrsquo- Fixed portion and lsquolbrsquo- Labour coefficient shall add up to one Further the value of the co-efficients indicating weightage of various materials (abhellip)
weightage of fixed portion and labour portion (F and lb ) applicable indices source and their base values for the purpose of price adjustment under this contract are to be furnished by the contractor in his bid or Part-I bid in the case of two part tender as per the following formats
5571 Ex-worksFOB component of the Items (excluding spares tools and tackles)
Value of Coefficient Source of
Value of base date indices
Bidders have to restrict each as prevailing lsquo7rsquo days prior Sl No Item indices
coefficient within these to the date of submission of used
bands Part-I and Part-II Bid
1 Fixed portion F 015 -- --
2 Materials
a a =
b b =
c c = Between
05 to 06 d d = e e =
3 Labour lb= Between 025 to 035
GCCSUPPLY-1R-4 (28122016) 21 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
56 Terms of payment
561 Items amp Materials (including spares) supplied from indigenous sources as well as those supplied from abroad for delivery to Site directly from Indian Port of Entry
a) 90 of Ex-works FOB price will be paid on pro-rata basis along with Transportation Transit Insurance charges Price Adjustment amount and Taxes amp Duties and levies as applicable in full on receipt of the Stores at Site and against submission original shipping release proof of receipt by the consignee and other documents mentioned in the Contract
b) Balance 10 Ex-works FOB price will be released on acceptance of the Stores at Site after inspection and issue of Site Stores Inspection Report Receipt Voucher by the consignee (GCC Sub clause 111 (a)) submission of bank guarantee by the Contractor for 10 of Purchase Order value towards performance of stores as per GCC Sub clause 345 and if required under the Contract and in case of contract(s) with Free
Issue Material (FIM) Certificate of completion of Free Issue Material accounting by Purchaserrsquos representative and receipt of Receipted delivery challan for return of balance Free Issue Material (FIM) to Purchasers Stores
For Supply of plant equipmentsmachineryinstruments including erection and commissioning balance 10 (ten) percent of the Ex-works FOB value for supply plus erection and commissioning charges and taxes in full as applicable thereon will be released on acceptance of the plantequipment machineryinstruments at Site after commissioning and final acceptance (GCC Sub clause 111 (b)) and submission of other documentary evidence as mentioned in the first para of this GCC sub-clause 561 (b)
562 Ocean Freight and Marine Insurance Port ClearanceHandling charges in respect of items supplied from abroad for delivery to Site directly from Indian Port of Entry
Ocean freight and Marine Insurance Port ClearanceHandling charges along with applicable taxes and duties thereon will be released on pro-rata basis against receipt of items at site ie along with 561 (a) above
563 Testing Analysis Charges
Testing Analysis charges in full along with Indian taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding TestingAnalysis submission of report thereof and acceptance of the same by the Purchaser
564 Supervision of Erection and Commissioning Charges
Service charges for Supervision of erection and commissioning in full along with Indian taxes and duties as applicable will be released on successful completion of erection and commissioning
GCCSUPPLY-1R-4 (28122016) 22 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
57 Application for Payment 571 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms along
with application for payment in the prescribed proforma to the Paying Authority named in the Contract Proforma of application for payment is enclosed as Annexure-D to the GCC
572 Each such application for payment shall be accompanied by all required documents as set forth in the Contract
andor intimated to the Contractor in advance The application for payment by the Contractor if found deficient in any respect shall not be processed and in such an event the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the
Contractor Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchaser
58 Mode of Payment 581 All payments to the Indian Contractors shall be directly made by the Purchaser through Account Payee cheque
andor through Wire Transfer ECS In the event of payment through Demand DraftPay Order if requested by the Contractor charges for the same shall be to the account of the Contractor
582 No payment made by the Purchaser herein shall be deemed to constitute acceptance by the Purchaser of the
Facilities or any part(s) thereof 583 The Purchaser reserves the right to carry out post payment audit and technical examination of the final bill
including all supporting vouchers abstracts etc The Purchaser further reserves the right to enforce recovery of any overpayment when detected not withstanding the fact that the amount of the final bill may have been included by one of the parties as an item of dispute before an arbitrator appointed under arbitration clause of this Contract and not withstanding the fact that the amount of the final bill figures in the arbitration award
59 Interest on Delayed Payment 591 The Purchaser will pay interest for delay in payments for final 10 basic price [GCC sub-clause no 561 (b)]
payable on acceptance of items at site at the rate shown in clause 592 below for the period beyond 95 days from the date of receipt of item(s) till the date of payment subject to receipt of invoice and all supporting documents in acceptable form by the payment due date
592 The Purchaser shall pay to the Contractor interest on the amount of such delayed payment at the rate(s) stated
herein below for the period of delay as per GCC sub-clause no 591
a) For payment in Indian Rupees For delayed payment applicable interest rate shall be Prime Lending Rate (PLR) of State Bank of India
b) For payment in Foreign Currency For delayed payment applicable interest rate shall be London Inter Bank Offer Rate (LIBOR)
593 The provisions of this clause 59 ( Interest on Delayed Payment ) shall not apply in the event the Contractor fail
to deliver the stores or any part thereof Pursuant to GCC sub-clause 61 (Completion Time Guarantee ) within the original Contractual Delivery Date prescribed for the same
GCCSUPPLY-1R-4 (28122016) 23 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
510 Recovery of Advance Payments in case of breach of contract 5101 In case the Contractor fails to execute the contract due to reasons not attributable to the Purchaser and which do
not fall under Force Majeure as per the tender conditions the outstanding advance payments made shall be recovered along with the interest at the rate specified herein below This shall be without prejudice to the other remedies available to the Purchaser under the Terms and Conditions of the Contract
5102 Advance Payment in Indian Rupees Recovery shall be made with Interest at PLR of State Bank of India
5103 Advance Payment in Foreign Currency Recovery shall be made with Interest as per LIBOR
511 Recovery of Sums Due 5111 Whenever any claim for the payment of any Liquidated Damages or loss suffered by the Purchaser arises in terms
of money out of the Contract against the Contractor the Purchaser shall be entitled to recover such sums from the
balance of the total sum which at any time hereafter may become due to the Contractor from this Contract or any
other Contract with the Purchaser Should this sum be not sufficient to cover the amount of damages or loss that
may be recoverable the Contractor shall pay to the Purchaser on demand the amount due Purchaser shall also
have the right to appropriating in part or full the Security DepositPerformance Bond submitted by the Contractor
to recover anyall of its claims on the Contractor
5112 If the Purchaser has made any claim whether liquidated damages or otherwise against the Contractor under this
Contract or any other Contract with the Purchaser the payment of all sums payable under the Contract to the
Contractor including the Security DepositPerformance Bond shall be withheld to the extent of claims due
according to the Purchaser till such claims of the Purchaser are finally paid by the Contractor pending which the
same will be adjusted Notwithstanding the provision for recovery through adjustment the Purchaser shall be free
to recover his claims from the Contractor as per the terms of the Contract 5113 All sums payable by way of compensation under any of the conditions of contract shall be considered as
reasonable compensation to be applied to the use of the Purchaser wit++hout reference to the actual loss or damage sustained and whether or not any damage shall have been sustained
512 Taxes and Duties 5121 The Contractor shall bear all non-Indian taxes duties levies etc payable upto FOB in respect of sourcing items
from abroad 5122 Contractor shall be responsible for payment of all Indian Taxes Duties and all other statutory levies as applicable
in connection with supply of the Stores This clause shall be read in conjunction with ITT clause no 90 and contractor can claim reimbursement of Indian Taxes Duties Levies paid from the Purchaser only to the extent provided in the ITT clause no 90 lsquoPrice Adjustmentrsquo (GCC clause nos 54 and 55) amounts if any shall be taken into account in Contract Price on which such Taxes Duties Levies etc are reimbursable by the Purchaser
5123 For extension in the contractual delivery period for the reasons attributable to the Purchaser andor Force Majeure
increase in existing taxes amp duties if any and new tax component introduced in the extended period shall be reimbursed to the Contractor subject to ITT Clause no 90 and submission of documentary proof No increase new tax shall be payable for the delay period due to reasons attributable to the Contractor
GCCSUPPLY-1R-4 (28122016) 24 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
5124 In case of any other new indirect taxes cess if levied by Government during the contractual delivery period the same shall be reimbursed paid by the Purchaser as the case may be at actual against documentary evidence This provision shall not apply to changes in Personal Income tax or Corporate Income tax or to changes in non-Indian Taxes
5125 Direct Tax
a) The Purchaser shall have the right to withhold taxes on income excess profits royalty and other taxes from payments due to Contractor under this Contract to the extent that such withholding may be required by the
government of India or any relevant authority thereof or by the government of any other country and payment by the Purchaser to the respective governmental office of the amount of money so withheld will relieve the Purchaser from any further obligation to Contractor with respect to the amount so withheld
b) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary taxes at such rate as is required by any Government Authority unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
c) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
d) All taxes levied on Contractorrsquos corporate income or profits shall be for the account of Contractor and shall not be reimbursed by the Purchaser Contractor shall also be responsible for payment of income taxes of its personnel levied in India or elsewhere
5126 Indirect Tax
a) The Purchaser shall at the time of its payments due to the Contractor withhold the necessary tax at source at such rate as is required under the respective state sales tax value added tax legislation unless and to the extent that the Contractor shall produce to the Purchaser any certificate issued by a Government Authority (having authority to issue such certificate) entitling the Contractor to receive the payments under the Contract for a prescribed period without deduction of any tax or deduction at a lower rate
b) The Purchaser shall provide the necessary withholding tax certificates to the Contractor within the time stipulated by the relevant law to enable the Contractor to file the same with the Government Authority as a proof of payment of such taxes
6 GUARANTEES LIABILITIES AND RISK DISTRIBUTION 61 Completion Time Guarantee 611 The Contractor guarantees that it shall complete the delivery of the Stores covered in the Purchase Order(or a part
for which a separate time is specified in the contract) on or before Contractual Delivery Date (CDD) specified in the Purchase Order or within such extended time to which the Contractor shall be entitled under GCC clause no 121 (Extension of Time for Completion) hereof
GCCSUPPLY-1R-4 (28122016) 25 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
62 Delay in Supply 621 Should the Contractor fail to deliver the stores or any part thereof Pursuant to GCC sub-clause 611 within the
CDD prescribed for the same it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following
(a) To receive the facilities after prescribed CDD with the right to recover from the Contractor agreed Liquidated Damages (LD) at the rate indicated below
S Liquidated Damages Maximum Amount
No Delivery Period
Rate per Week (1) of LD (2)
1 Delivery period 1 of the value of 5 of the value of
(as originally stipulated) not delayed undelivered delayed undelivered exceeding one year portion of the supplies of portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
2 Delivery period 05 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered
exceeding one year but not portion of the supplies of portion of Supplies exceeding two years Purchase Order per of the Purchase
week or part thereof
Order
3 Delivery period 025 of the value of 5 of the value of
(as originally stipulated) delayed undelivered delayed undelivered exceeding two years portion of the supplies portion of Supplies
Purchase Order per of the
Purchase
week or part thereof Order
However the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations and liabilities under the Contract
(b) To terminate the contract in full or in parts as per GCC sub-clause no 132 (Cancellation Termination of Contract in Full or Part)
63 Functional Guarantees 631 The Contractor guarantees that during the Guarantee Test the Stores and all parts thereof shall attain the
Functional Guarantees specified in the Technical Specification of the Contract subject to and upon the conditions therein specified
632 If for reasons attributable to the Contractor the level of the Functional Guarantees in respect of the equipment
designed and supplied by the Contractor are not met at any time upto expiry of Defect Liability Period as per the
contract either in whole or in part the Contractor shall at his cost and expense make such changes modifications andor additions to the Equipment or any part thereof as may be necessary to meet level of such Guarantees The
Contractor shall notify the Purchaser upon completion of the necessary changes modifications andor additions
and shall request the Purchaser to repeat the Guarantee Test until the level of the Guarantees has been met If the
Contractor eventually fails to meet the level of Functional Guarantees the Purchaser shall have the right of recourse to levying damages as specified in the Contract without prejudice to any other rights of the Purchaser
under the contract
GCCSUPPLY-1R-4 (28122016) 26 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
64 Defect Liability
The Contractor shall warrant that the Stores Plant amp Equipments supplied under the Contract shall be brand new
free from defects manufactured with the latest state-of-art of manufacture and conform strictly in accordance with the technical specifications drawings and data sheets of the Contract No deviation from these specifications or alteration shall be made without specific and written accord of the Purchaser All Stores shall be guaranteed to be
of the best quality of their respective kinds and shall be free from defects in the design engineering materials workmanship and be of specified size and capacity so as to fulfil in all respects the requirements of the Purchaser as specified in the Contract
641 Defect Liability Period
a) Items Equipment System Spares Tools Tackles Accessories
The defect liability period shall be 18 months from the date of receipt of items at site or 12 months from the date of acceptance whichever occurs first
642 Contractors Liability for Defective Stores Facilities
The Purchaser may accept the Store if it is complete in all respects or alternatively accept the same on such terms
as may be considered appropriate If the Stores after the acceptance thereof is found to have defects latent or
otherwise notwithstanding that such defects could have been discovered at the time of inspection or any defects therein are found to have developed during the Defect Liability Period while under proper use or subsequently it is
found that Stores failed to fulfil the requirements or Particulars of the Contract the Purchaser shall be entitled to
give a notice to the Contractor during Defect Liability Period and within two (2) months thereafter setting forth
details of such defects or failure and the Contractor shall forthwith make the defective Stores good or alter the
same to make it comply with the requirements of the Contract at his own cost
Further if in the opinion of the Purchaser defects are of such a nature that the same cannot be made good or repaired without impairing the efficiency or workability of the Stores or if in the opinion of the Purchaser such opinion being final the Stores cannot be repaired or altered to make it comply with the requirements of the Contract the Contractor shall remove and replace the same with a Stores conforming in all respects to the stipulated specifications at the Contractors own cost
If the repair replacement or making good is of such a character that it may affect the efficiency of the Stores or any part thereof the Purchaser may give to the Contractor a notice requiring that certain tests of the defective part of the Stores shall be made by the Contractor immediately upon completion of such remedial work whereupon the Contractor shall carry out such tests at his own cost
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 Stores passes such tests The tests shall be agreed upon by the Purchaser and the Contractor
The Contractor shall also be responsible for any loss or damage to the Stores caused by the Contractor or itrsquos Subcontractors in the course of any work carried out pursuant to GCC Clause 64 (Defect Liability)
GCCSUPPLY-1R-4 (28122016) 27 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
643 Failure to Remedy Defects
If the Contractor fails to make the desired repairsreplacement within 15 days of issue of notice pursuant to GCC Sub clause 642 then such repairs replacement at the cost of the Contractor shall be carried out by the Purchaser with Stores of the same Particulars or when the Stores conforming to the stipulated Particulars are not in the opinion of the Purchaser readily procurable such opinion being final then the nearest available substitute thereof
The Purchaser may reject at the cost of the Contractor the whole or any part of the Stores as the case may be which is defective or fails to fulfil the requirements of the Contract and make the desired repairsreplacement as stipulated above In the event of such rejection the Purchaser shall be entitled to use the rejected Stores in a reasonable and proper manner for such time as sufficient to enable the Purchaser to obtain replacement as herein before provided
644 Extension of Defects Liability Period
a) If the Stores or any part thereof cannot be used by reason of such defect andor making good of such defect the Defect Liability Period of the Stores or such part as the case may be shall be extended by a period equal
to the period during which the Stores or such part cannot be used by the Purchaser because of any of the aforesaid reasons Upon correction of the defects in the Stores or any part thereof by repairreplacement such
repairreplacement shall have the Defects Liability Period for a period of twelve (12) months from the time
such repairreplacement of the Stores or any part thereof has been completed
b) In addition the Contractor shall also provide an extended warranty for any such Stores and during the period of time as may be specified in the SCC Such obligation shall be in addition to the defect liability period specified under GCC sub-clause no 641
645 Latent Defects Liability
At the end of Defects Liability Period the Contractorrsquos liability ceases except for latent defects The Contractorrsquos liability for latent defects warranty for the plant and equipments including spares shall be a limited to a period of five (5) years from the end of Defects Liability Period of the respective plant and equipment including spares
In case there is any dispute between the Purchaser and the Contractor regarding latent defects any of the parties listed in the Contract or any other third party as mutually agreed upon by the Purchaser and the Contractor shall be engaged by the Purchaser for settling the dispute
The third party so engaged by the Purchaser shall be paid fee plus reasonable expenditures incurred in the execution of its duties as mentioned above These costs shall be initially paid by the Purchaser In case of latent defect being proved such costs shall be recoverable from the Contractor and the Contractor shall bear and reimburse such costs to the Purchaser
If the dispute regarding latent defects can not be settled as above then the dispute shall be settled as per provision of GCC Clause 14 (Settlement of Dispute)
65 Transfer of Ownership 651 Ownership of the imported stores (including spare parts) supplied by foreign sub-vendor of the main Indian
contractor to be directly delivered to Site shall be transferred to the Purchaser on the High Seas Sales basis GCCSUPPLY-1R-4 (28122016) 28 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
652 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax
653 Ownership of the indigenous stores (including spare parts) covered under interstate transaction shall be transferred
to the Purchaser on sale in transit basis The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax Further in case of all components equipments and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-contractorrsquos works to Purchaserrsquos site in a State different from the State wherein sub-contractorrsquos works are located the Contractor shall effect sale in transit
654 Transfer of title shall not in any way relieve the Contractor of its responsibilities and liabilities under the contract
Notwithstanding the transfer of ownership of the Stores the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Safe delivery of the Stores to the Purchaserrsquos site
66 Intellectual Property Rights (IPR) Indemnification 661 The Contractor shall at all times indemnify and hold harmless the Purchaser and its employees and officers from
and against all claims which may be made in respect of Stores covered by this contract against infringement of any right protected by Patent Registration Law of Designs Trade Marks utility model copyright and other intellectual property rights registered or otherwise existing
662 Provided that such indemnity shall not apply when such infringement has taken place in complying with the
specific directions issued by the Purchaser but the Contractor shall pay any royalties or other charges payable in respect of any such use the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings andor specifications issued by the Purchaser after submission of the price bid or revised price bid if any
67 Indemnity against Loss Damage 671 Contractor shall indemnify the Purchaser against any risk of accidents or damage to the Stores till safe delivery to
the Purchaserrsquos site 672 Contractor shall indemnify the Purchaser against all latent defects of the stores for a period of five (05) years
from the end (ie satisfactory completion) of the Defect Liability period 673 The Contractor shall indemnify the Purchaser and keep the Purchaser indemnified to the extent of full value of
Free Issue Material (FIM) issued by the Purchaser for fabrication of items at Contractorrsquos works outside Purchaserrsquos site till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter
674 The Contractor shall indemnify and hold harmless the Purchaser and its employees and officers and their
respective agents against all claims demands damages losses costs and expenses of whatsoever nature (including legal fees and expenses) in respect of
a) bodily injury sickness disease or death of any person whatsoever
b) damage to or loss of any property real or personal (other than the facilities whether accepted or not) arising in connection with design manufacture supply and delivery of the stores and remedying of any
GCCSUPPLY-1R-4 (28122016) 29 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
defects unless attributable to any negligence wilful act or breach of the Contract by the Purchaser its employees officers or their respective agents
675 (a) The Contractor shall pay and indemnify the Purchaser against any liability in respect of any fees or charges payable by him under any Act of Parliament State Laws any Government instrument rule or order and any regulations or by-laws of any Local authority in respect of the Stores prevailing on the date of submission of tender
(b) The Contractor shall indemnify and hold the Purchaser harmless from and against all claims damages and expenses arising out of his failure to obtain all permit and licenses which he is required to comply with in respect of Laws Ordinances Regulations of the Central or State Government andor LocalPublic Authorities
676 Right of Recourse under Civil Liability for Nuclear Damages Act 2010 amp Rule 2011 thereof
(a) The Purchaser shall have Right to Recourse against the contractor in accordance with provisions under Section
17(a) of Civil Liability for Nuclear Damage Act 2010 with following limitations as stipulated in Rule 24 of the
Civil Liability for Nuclear Damage Rules 2011 The Contractorrsquos liability shall be to the extent of the Operatorrsquos liability under sub-section(2) of Section 6 of the Act or the value of the contract whichever is less
AND The duration of Contractorrsquos liability shall be limited to duration of initial license issued by AERB or the product liability period whichever is longer
(b) The term ldquosupplierrdquo and the duration and extent of supplierrsquos liability are explained in Rule 24 of the Civil
Liability for Nuclear Damage (CLND) Rules 2011 For any questions relating to supplierrsquos liability under
section 17 of the Civil Liability for Nuclear Damage (CLND) Act 2010 Government of Indiarsquos clarifications
dated February 08 2015 may be referred to These have been posted at the websites of Ministry of External Affairs
and the Department of Atomic Energy under the title ldquoFrequently Asked Questions and Answers on Civil
Liability for Nuclear Damage Act 2010 and Related Issuesrdquo
(c) In regard to contracts with manufacturers of or vendors for supply of systems equipment components or
building of structures or provision of services to nuclear installations which are operating or are under
construction or those to be installed in future for which NPCIL is the system designer and technology owner
being responsible for safety design of such installations NPCIL shall assume the role of supplier in accordance
with the explanation of the term ldquosupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context
of section 17(a) and (b) of the CLND Act 2010 (d) Other suppliers can avail the Nuclear Suppliersrsquo Special Contingency (Against Right of Recourse)
Insurance Policy provided by the India Nuclear Insurance Pool to cover any liability exposure under section
17(a) and (b) of the CLND Act 2010 NPCIL maintains the operatorrsquos statutory insurance under the CLND
Act 2010 by subscribing to the Nuclear Operatorrsquos Liability Policy offered by the India Nuclear Insurance pool thereby subrogating to the India Nuclear Insurance pool the operatorrsquos ldquoright of
recourserdquo against suppliers under section 17(a) amp (b) of the CLND Act 2010
68 Indemnity for Taxes and Duties
681 Contractor hereby protects indemnifies and holds harmless the Purchaser from any and all claims or liability for income excess profits customs duties royalty or any other taxes duties penalties etc assessed or levied by the government of India or by any appropriate authority thereof or by the government of any other country against Contractor or its Subcontractor or against the Purchaser for or on account of any payment made to or earned by Contractor or its Subcontractor hereunder
GCCSUPPLY-1R-4 (28122016) 30 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
Contractor further protects and holds the Purchaser harmless from all taxes assessed or levied against or on account of wages salaries or other benefits paid to Contractorrsquos employees or employees of its Subcontractor and all taxes assessed or levied against or on the account of any property or Equipment of the Contractor
682 Contractor shall give prompt notice to the Purchaser of all matters pertaining to non-payments payment under
protest or claim for immunity or exemption from any taxes and duties 683 The Contractor shall be responsible for filing all necessary Tax returns (including without limitation returns for
Corporate Income tax Personal Income tax Service tax Sales tax and Excise Duty) with the relevant Government Authorities in accordance with all applicable statutory requirements and shall be responsible for providing all information requested by such Government Authorities
684 The Contractor shall also ensure that its subcontractors file such returns as stipulated by the relevant Government
Authorities and furnish such information as requested for by the relevant Government Authorities 685 In certain situations a Government Authority may treat the Purchaser as the representative assessee of the
Contractor andor its subcontractors and recover the Taxes due to the Government Authority by the Contractor or its subcontractors from the Purchaser In such situations the Purchaser shall have the following rights
(a) The Purchaser shall be entitled to recover from the Contractor the Taxes paid on behalf of the Contractor or its subcontractors (together with any costs and expenses incurred by the Purchaser in connection therewith) or to retain the same out of any amounts to be paid to the Contractor or its subcontractors that may be in its possession (whether due under this Contract or otherwise) and shall pay only the balance if any to the Contractor and
(b) If the Purchaser is required to furnish any details or documents in such capacity the Purchaser shall request the details or documents to be furnished to it by the Contractor and the Contractor shall immediately furnish the same to the Purchaser If the Contractor fails to comply with the foregoing any penaltyinterest levied on the Purchaser for non-filing or late filing of details or documents in this regard shall be recoverable from the Contractor
69 Limitation of Liability 691 Except in cases of criminal negligence or wilful misconduct
(a) the Contractor shall not be liable to the Purchaser 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 andor any other penaltiesrecovery etc specifically provided for in the Contract to the Purchaser
(b) the aggregate liability of the Contractor to the Purchaser whether under the Contract in tort or otherwise
shall not exceed the total Contract Price provided that this limitation shall not apply to the
GCCSUPPLY-1R-4 (28122016) 31 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
cost of repairing or replacing defective equipment or to any obligation of the Contractor to indemnify the Purchaser with respect to IPR infringement
610 Insurance 6101 General Requirements for Insurances
The Contractor shall ldquoat his own costrdquo take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as co-insured under all insurance policies All Insurerrsquos rights of subrogation against co-insured shall be waived Deductibles excesses if any under the insurance policies shall be borne by the Contractor The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser
Unless otherwise stated insurances under this sub-clause shall cover all physical loss damage and third party liability subject only to minimum compulsory general exclusions
Alterations to the terms of insurance shall not be made without the approval of the Purchaser
The required insurance coverage referred to and set forth in this clause shall in no way affect or limit Contractors liability with respect to performance of the work or any obligation under the contract law
6102 Insurance of Free Issue Materials
The Contractor shall take out and maintain insurance policy as per GCC Sub-clause No 923 (Insurance of FIM) to cover loss or damage to FIM supplied by the Purchaser
6103 Cargo Insurance during Transport
During Marine transit (SeaAir) and Inland transportation covering loss or damage as per ICC ndash clause ndash lsquoArsquo with War Strike-Riot-Civil Commotions (SRCC) provisions for full replacement value of the consignmentcargo from the Contractorrsquos or Sub-contractorrsquos works or Stores until arrival at Purchaserrsquos site
6104 In all insurance policies mentioned in this clause Purchaser shall be named as ldquoLoss Payeerdquo 6105 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 sub-clause 610 and the monies payable by any insurers to the Purchaser ndash as lsquoLoss Payeersquo shall in turn be paid to the Contractor as per the procedure outlined in GCC sub-
clause 6106 below The Purchaser shall give to the Contractor all such reasonable assistance as may be required by the Contractor in preparation and or settlement of claims with the insurers With respect to insurance claims in which the Purchaserrsquos interest is involved the Contractor shall not give any release or make any
comprise with the insurer without the prior written consent of the Purchaser
6106 a) Wherever the total damages loss of equipment materials would occur the Contractor would be entitled to payment to all amounts received from the insurer(s) except the following amounts
GCCSUPPLY-1R-4 (28122016) 32 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(i) the amount paid to the Contractor under the contract in respect of equipment materials services damaged lost excluding pro-rata initial mobilization advance but including the entire amount of Price Adjustment if any already paid to the Contractor
(ii) taxes duties and other statutory levies which have already been reimbursed by the Purchaser In the event the claim money settled is less than the total of the amounts in (i) amp (ii) above then the entire claim money settled will be retained by the Purchaser and the Contractor will forewith pay the Purchaser the shortfall amount between the claim money received from the insurer(s) and the total of the amounts as per (i) amp (ii) mentioned above
Subsequent payments if any due under the contract shall be regulated by the relevant terms of payment
(b) In case of partial damage to any equipment material during any stage upon rectification of the damaged equipment material to the satisfaction of the Purchaser the Contractor shall be paid to the extent of claims settled by the Insurer(s)
(c) In both the scenariorsquos (a) amp (b) above any amount(s) disputed by the Insurers and or not settled
paid by them shall be to the Contractorrsquos account
6107 The Contractor shall ensure that where applicable its sub-Contractor(s) shall take out and maintain in effect
adequate insurance policies for their personnel and vehicles and for work executed by them under the contract
unless such sub-Contractors are covered by the insurance policies taken out by the Contractor
611 Force Majeure 6111 Definition of Force Majeure
Force Majeure shall mean any event which is beyond the control of the Contractor or the Purchaser as the case may be which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract such as
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 civil commotion
c) embargo import restriction confiscation nationalization mobilization commandeering or requisition by or under the order of Central State Government or Local Authority in India or any other act or failure to act of any local state or national government in India
If either party is prevented hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event
A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure
GCCSUPPLY-1R-4 (28122016) 33 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6113 Duty to Minimise the effect
The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect
thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract
6114 Consequences of Force Majeure
The party who has given notice of Force Majeure 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
partyrsquos performance is prevented hindered or delayed The Time for Completion shall be extended in accordance with GCC clause no 121 (Extension of Time for Completion) even though such force Majeure event may occur after Contractorrsquos performance of his obligations has been delayed for other cause
No delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall
(a) constitute a default or breach of the Contract
(b) give rise to any claim for damages or additional cost or expense occasioned thereby
if and to the extent that such delay or non-performance is caused by the occurrence of an event of Force Majeure
If the performance of the Contract is substantially prevented hindered or delayed for a single period of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days on account of one or more events of Force Majeure during the currency of the Contract the parties will attempt to develop a mutually satisfactory solution
6115 Force Majeure Affecting Sub-Contractor
If any Subcontractor is entitled under any contract or agreement relating to Supply of Stores to relief from Force Majeure on terms additional to or broader than those specified in this Clause such additional or broader Force Majeure events or circumstances shall not excuse the Contractorrsquos non-performance or entitle him to relief under this Clause
6116 Limitations
Anything in this Contract to the contrary notwithstanding
a) The affected Party shall not be relieved from obligations under this Contract to the extent any gross negligence of the affected Party aggravates the Force Majeure Event and
b) Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the
Contract
612 Liability of the Government of India 6121 The Purchaser is an independent legal entity with power and authority to enter into Contracts solely on its own
behalf under the applicable Laws of India and general principles of Contracts Law
GCCSUPPLY-1R-4 (28122016) 34 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
6122 It is expressly stated that the Purchaser while entering into an agreement with the Contractor is doing so solely on its own behalf The Government of India is not a party to the agreement and has no liability obligations or rights in the deal
6123 It is expressly stated that the Purchaser is not an agent representative or delegate of the Government of India and
the latter shall not be liable for any act omission commission breaches or other wrongs arising out of the Contract
6124 Accordingly the Purchaser expressly waives releases and forgoes any and all actions or claims including cross
claims or counter claims against Government of India arising out of the Contract
7 WORK PROGRAM 71 Contractorrsquos Organization 711 The Contractor shall deploy required number of qualified experienced professionals in design engineering
planning procurement quality surveillance etc as committed under the Schedule of Key Personnel at the time of submission of tender and shall submit to the Purchaser and Project Manager a chart showing the proposed organization to be established by the Contractor for carrying out work at Contractorrsquos Subcontractors premises The chart shall include the identities of the key personnel together with the curricula vitae of such key personnel to be employed within twenty-one (21) days of the Effective Date The Contractor shall promptly inform the Purchaser and the Project Manager in writing of any deletion or alteration of such an organization chart
712 The Contractor shall furnish a phase-wise month-wise detailed organization he proposes to deploy on the work
The organization set up shall indicate number category and grade of personnel in different disciplines to ensure satisfactory and timely completion of the package contract Cost and time over runs arising out of insufficient deployment of manpower and non-supply of materials by contractor will be to the contractorrsquos account
713 It is to be noted that time is the essence of contract In order to achieve the schedules dates and to meet the targets
the contractor shall plan to carry out all the activities connected with the contract on two shifts or round the clock shift basis right from the initial stages Sufficient number of engineering and supervisory staff and labour force will have to be deployed in each shift to ensure that the schedules milestone targets are met
72 Program of Performance 721 Within twenty-eight (28) days of the Effective Date the Contractor shall prepare and submit to the Project
Manager a detailed program of performance of the Contract made in the form specified in the Contract or
acceptable to the Purchaser and showing the sequence in which it proposes to design engineering procurement
manufacture inspect test and supply the Stores as well as the date by which the Contractor reasonably requires
that the Purchaser 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 in accordance with the Contract The
program so submitted by the Contractor shall accord with the Time Schedule included in the corresponding
Section (Time Schedule) of the Contract and any other dates and periods specified in the Contract 722 The Contractor shall update and revise the program as and when appropriate or when required by the Project
Manager but without modification in the Contractual Delivery Date (CDD) and any extension
GCCSUPPLY-1R-4 (28122016) 35 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
granted in accordance with GCC clause no 121 (Extension of Time for Completion) and shall submit all such revisions to the Project Manager with a copy to the Purchaser
73 Work Procedures 731 The Contract shall be executed in accordance with the Technical Specification and as per provision of the
Contract 732 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
74 Progress of Performance 741 A meeting will be held in the office of the Project Manager with the Contractorrsquos representative every month
to monitor the progress of work 742 If at any time the Contractorrsquos actual progress falls behind the program referred to in GCC sub-clause no
72 (Program of Performance) or it becomes apparent that it will so fall behind the Contractor shall at the request of the Purchaser 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 deliver the Stores within the Contractual Delivery Date under GCC sub-clause no 422 any extension thereof entitled under GCC sub-clause no 121 (Extension of Time for Completion) or any
extended period as may otherwise be agreed upon between the Purchaser and the Contractor
75 Progress Report 751 The Contractor shall monitor progress of all the activities specified in the program referred to in GCC sub-clause
no 72 above and supply a progress report to the Project Manager every month 752 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
76 Hindrances 761 The Contractor is required to maintain Hindrance Register for reporting hindrance if any while executing the
work in an approved format The Contractor shall get record of hindrances in the Hindrance Register(s) approved endorsed by the Project Manager Such hindrance in the work endorsed by the purchaserrsquos authority will only be taken into consideration for granting time extension
8 DESIGN AND ENGINEERING 81 General Design Obligation 811 The Contractor shall undertake all design and engineering to the extent specified in Technical Specifications and
necessary for manufacturing supply of the Stores in accordance and conformity with the provisions of the contract
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NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
812 In order to ensure effective interface coordination between various items covered under the contract the Contractor
shall review and provide for all required interfaces between items and also interfaces between items covered under the
contract with all external interfaces to other items covered by Purchaser other contractorsrsquo and ensure effective and
efficient working of the interconnected systems of Purchaserrsquos units
813 Preparation of design engineering drawings and other documents for the Stores by the Contractor shall be such that the Stores manufactured and supplied by the Contractor are capable of meeting the Performance Guarantees and will be such as could be legally safely and reliably placed in commercial operation by the Purchaser in accordance with prudent engineering practices
814 The Contractor shall co-operate with the Purchaserrsquos other Contractors and suppliers (if any) in the
design and engineering and otherwise accommodate their reasonable interface and interconnection requirements within the limitations of Contractors design and scope of work hereunder provided that Purchasers other Contractors and suppliers shall also similarly co-operate with the Contractor In case of any non-agreement between the Contractor and Purchaserrsquos other contractors amp suppliers in this regard the decision of the Purchaser shall be final and bidding on all the parties
82 Codes and Standards 821 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 one (01) day prior to date of Price bid opening shall apply unless otherwise specified During the Contract execution any changes in such codes and standards shall be applied after approval by the Purchaser and shall be treated in accordance with GCC clause no 11 (Changes in the Scope of Work)
83 Review Approval of Contractorrsquos Documents 831 The furnishing of engineering drawingdocument by the Contractor shall be done in a phased manner in
accordance with the Schedule as specified in the technical specifications andor as mutually agreed between the
Purchaser and the Contractor The review of these DrawingData by the Purchaser will cover only general
conformance of the DrawingData to the specifications and documents This review andor approval by the
Purchaser shall not be construed by the Contractor as limiting any of his responsibilities and liabilities for
mistakes and deviations from the requirements specified under these specifications and documents Only
deviations accepted by the Purchaser through official letter from Project Manager or through approved Design
Concession Request (DCR) shall be considered as accepted deviations to Technical Specifications 832 The Contractor shall prepare (or cause its Sub-contractors to prepare) and furnish to the Project Manager the documents
after due diligent checking and internal approval of the Contractor that as per Technical Specifications require approval
or review by the Purchaser Any part of the Stores covered by or related to the documents to be approved by the Project Manager shall be executed only after the Project Managerrsquos approval thereof GCC sub-clauses no 833
to 837 shall apply to those documents requiring the Project
Managerrsquos approval but not to those furnished to the Project manager for its review only
833 Within fourteen (14) days of date of receipt by the Project Manager of any document requiring the Project Managerrsquos approval in accordance with GCC Sub-Clause no 832 or the agreed date of submission of such documents as per schedule whichever is later 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 therefore and the modifications that the Project Manager proposes If
GCCSUPPLY-1R-4 (28122016) 37 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
the Project Manager fails to take action within the said fourteen (14) days then the Contractor shall be entitled to extension of time in accordance with GCC Clause no 121 (Extension of Time for Completion) For documents submitted by the Contractor for Project Managerrsquos approval beyond scheduledagreed date the Contractorrsquos right to claim time extension as above shall stand extinguished
834 The Project Manager shall not disapprove any document except on the grounds that document does not comply with Technical Specifications of the Tender or applicable codes standards or that it is contrary to good engineering practice
835 If the Project Manager disapproves the document the Contractor shall modify the document and resubmit it within
seven (7) days for the Project Managerrsquos approval in accordance with GCC sub-clause no 833 If the Project Manager approves the document subject to modification(s) the Contractor shall make the required modification(s) where upon the document shall be deemed to have been approved
836 The Project Managerrsquos 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 that results from modifications required in writing by the Purchaser
837 All costs due to modificationsrevisions to documents drawings and associated re-engineering etc required to be
carried out by the Contractor due to Purchaserrsquos comments on Contractors documents drawings etc shall be to the account of the Contractor
838 The Contractor shall be responsible for making all necessary alterations of the Stores Facilities which are
occasioned due to any discrepancies errors or omission in the drawings or other particulars submitted by the Contractor irrespective of whether these have been approved by the Purchaser 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 Purchaser If the Contractor fails to make such alterations the Purchaser may do so at the risk and cost of Contractor In addition to above any and all other expenditure incurred by the Purchaser in this
connection shall also be to the account of the Contractor 839 The Contractor shall not depart from any approved document unless the Contractor has first submitted to the Project
Manager an amended document and obtained Project Managerrsquos approval thereof pursuant to provisions of
this GCC clause no 83 (Review Approval of Contractorrsquos Documents) If the Project
Manager requests any change in any already approved document andor in any document based thereon the provisions of GCC clause 11 (Change in the Scope of Work) shall apply to such request
8310 The Contractor shall submit hard copies reproducible and softscanned copies with passwords of all drawings
documents including all latest as built drawings to the Purchaser
9 PROCUREMENT AND SUPPLY 91 General Provisions 911 The Contractor shall manufacture andor procure and transport all the Stores in an expeditious and orderly manner
to the Site The Contractor shall complete the process of placement of Purchase Order(s) on its subcontractors and complete the procurement process in the respective time limits specified for these activities in Technical Specifications
GCCSUPPLY-1R-4 (28122016) 38 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
912 Procurement Manufacture and Supply of Stores by the Contractor or Sub-contractor(s) shall be subjected to Purchaserrsquos Quality Assurance (QA) requirement as per GCC clause no 10 (Quality Assurance Inspection Acceptance and Rejections)
92 Free Issue Materials (FIM) 921 For certain fabrication of items under supply portion if specified in the tender the Purchaser shall provide Free
Issue Material (FIM) to Contractor as per quantitiessizes alongwith costs of such material mentioned in the tender
922 The Contractor shall submit cutting diagram or appropriate proposal for optimal utilisation of the FIM The
cutting diagram or such proposal as approved by the Purchasers Engineer shall form a part of the Contract 923 Unless otherwise specially mentioned in the Contract on issue of the Contract the Contractor shall be advised to
collect the FIM from any of the Purchasers Stores at various sites headquarter and shall take an Insurance Policy for the value of the FIM The Insurance Policy shall be valid till the contractual actual delivery date or till the execution of the Contract and shall cover the following
INSURED Name and address of the Contractor
BENEFICIARY Nuclear Power Corporation of India Limited acting through Executive Director Directorate of Contracts and Materials Management or any other officials authorised by NPCIL (address)
RISKS COVERED Any loss or damage to the Purchaserrsquos material due to fire riot burglary strike theft and any damages arising out of external sources such as damages
due to the materials falling on Purchaserrsquos materials
924 The Contractor shall be responsible for the safety of the FIM after it is received by him and all through the period
during which the materials will remain in his possession The Contractor shall take all necessary precautions
against any loss deterioration or destruction of the FIM from whatever cause arising whilst the said material
remains in his possession andor his custody or control The Contractor shall also not mix-up the material in
question with any of his goods and shall render true and proper account of the material actually used The decision as to whether the Contractor has occasioned any loss deterioration or destruction of the FIM whilst in his
possession custody or control from whatever cause arising as also the decision regarding quantum of the
damages suffered by the Purchaser shall be final and binding upon the Contractor 925 The Insurance Policy with the details indicated at GCC clause no 923 shall be furnished by the Contractor to the
Purchaser for acceptance On acceptance of the Insurance Policy and Indemnity Bond submitted as per GCC clause no 347 by the Purchaser the Contractor shall lift the FIM from Purchasers Stores at his own cost
GCCSUPPLY-1R-4 (28122016) 39 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
926 On completion of fabrication or Foreclosure of Contract (GCC clause no 131) or Termination of Contract (GCC clause no 132) the Contractor shall prepare a full account of the material used for the fabrication and the balance available with him for return to the Purchaser This account of FIM shall be verified and accepted by the Project Manager before the Contractor is allowed to return the balance material to Purchaserrsquos Stores against such authorisation in writing
927 The FIM account accepted by the Project Manager alongwith proof of receipt of balance material by the Stores
Officer (Consignee) shall be produced by the Contractor for the release of the final payment to the Contractor 928 The Purchaser at all times have the right to enter the Contractors premises where the free issue materials are
stored or where the free issue materials are under manufacture 929 The Purchaser at his discretion may allow the balance material such as scrap cut bits to be retained by the
Contractor in which event the value to be assigned to the balance material will be mutually agreed between the Purchaser and the Contractor and the agreed amount shall be debited to the Contractors account while settling his final payment
93 Packing and Marking 931 Packing for Shipment shall be in accordance with the packing specification if any given in the Tender Document
The Contractor shall be responsible for the Stores being sufficiently and properly packed and crated for transport by sea air rail or road so as to ensure that they are free from any loss or damages till their arrival at destination The packing and marking of packages shall be done by and at the expense of the Contractor
932 Each package shall contain a Packing Note quoting Contract number and date copy of Shipping Release and one
set of copy of test certificates Each package shall be marked with name and address of the Contractor Contract No and date brief description of the Stores and name and address of the Consignee dimensions weight lifting points and special handling instructions if any
94 Transportation 941 Unless otherwise stated the Contractor shall give the Purchaser not less than 14 daysrsquo notice of the date on
which any major plant and machinery or other major goods will be delivered to the Site stating details such as the description of the Stores the point and means of dispatch and the estimated time of arrival at the Site
942 For Contracts placed on free and safe delivery to Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and deliver the Items at the destination specified by the Purchaser on free and safe delivery basis by selecting any safe mode of transport unless otherwise stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the Contractor shall pay and bear all freights
and all costs and expenses for transporting the items to the place of delivery specified in the Contract and the price specified in the Contract shall be inclusive of all such packing handling forwarding freight and transit insurance charges The Contractor shall however indicate the break up price towards freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor shall be entitled to select any safe mode of
transport without any transhipment to carry the Plant and Equipment
GCCSUPPLY-1R-4 (28122016) 40 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
iv) The Contractor shall be responsible for obtaining if necessary approvals from the authorities for transportation of the Stores to the Site The Contractor shall indemnify and hold harmless the Purchaser from and against any claim for damage to roads bridges or any other traffic facilities that may be caused by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser harmless against and from all damages losses
and expenses (including legal fees and expenses) resulting from the transport of Stores and shall negotiate and pay all claims arising from their transport
vi) In the event any stores or item is damaged lost stolen destroyed or otherwise impaired while in
storage or transit Contractor shall at its own expense and cost restore or replace such affected stores or item
943 In the case of Contract with Ex-works prices the Contractor shall arrange transportation of the Stores after
Purchaserrsquos prior approval of the selected transporter and transportation charges
944 High Seas Sale
All imported capital goods and spares procured by indigenous contractor from foreign sub-contractor to be delivered directly to the Purchaserrsquos site from the port of import shall be cleared on High Seas Sale basis at the price as
shown in the Contract In the event foreign Sub-contractorrsquos invoice values exceeds the corresponding value shown in
the Contract implication if any towards Customs Duty shall be to the Contractorrsquos account
The contractor shall furnish all necessary documents for executing the High Seas sale agreement In case of delay failure in submission of documents the demurrage charges penalty sales tax etc shall be borne by the contractor Not withstanding High Seas sales the Contractor shall remain responsible for all work of port handling clearance inland transportation to site and till safe delivery of Stores at Purchaserrsquos site
945 Documentation for Supply of Imported Items
At least three (3) days prior to the embarkation for India of each shipment of Stores the Contractor shall send a tele-fax to Purchaser setting forth the following information concerning each such shipment
i) A description of the Stores contained in such shipment
ii) The date of embarkation and departure
iii) The port of origin
iv) The means of shipment (air or sea)
v) The estimated date of arrival in India compared with Contract Network Schedule
vi) The port of entry in India
vii) The value of the shipment
viii) The approximate weight and volume (gross and net)
ix) The name flag and owner of the vessel if shipment is by sea or the designation of aircraft if shipment is by
air and
x) The number and value of bill of lading or airway bill
Within three (3) days after embarkation for India of each shipment the Contractor shall send to Purchaser by courier for information a copy of each of the following documents
i) Shipping documents consisting of full set clean bill of lading
GCCSUPPLY-1R-4 (28122016) 41 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
ii) Declaration made by Contractor by tele-fax to the insurer and confirmation from the insurer that the subject cargo is insured under marine cargo insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized representation
vi) Certificate of origin
vii) Any other documents needed for import clearance
946 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by courier for information a copy of each of the following documents i) Transportation documents like airway bill lorry receipt railway receipt delivery challan etc
ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv) Copy of packing lists for each separate package
v) Any other documents needed for excise octroi clearance
vi) Shipping release issued by Purchaser or his authorized representation
vii) Contractor shall also be responsible for obtaining clearances for all indigenous items from excise octroi
entry tax etc for timely and safe delivery of items to the site 947 All demurrage wharfage and other expenses incurred due to delayed clearance of the material for any reason
other than those for which the Purchaser is responsible shall be to the account of the Contractor 95 Custom Clearance (For imported items ordered by indigenous main contractor from foreign sub-
contractor) 951 The Contractorrsquos scope of work shall include obtaining all customs clearance completing all clearance
formalities and handling at all ports of all equipment and material of nonndashIndian origin including those where Purchaser is named importer
952 The Contractor shall at its own expense handle all imported Stores at the point(s) of import and shall handle any
formalities for customs clearance This clause shall be read in conjunction with ITT clause no 90 for the purpose
of Customs Duty The Purchaser will make available to the Contractor all documents applications that are
required to be made in the name of the Purchaser as per applicable laws or regulations including requisite
documents or certifications as per the extant rules and procedures for availing the exemptionsconcessions in
Customs Duty if any However it is the responsibility of the Contractor to approach the Purchaser and obtain
necessary documents certificates from the Purchaser well in advance 953 The Contractor shall be responsible for the timely clearance of Stores through customs and for all necessary
documentation and procedural matters associated there with The Contractor shall be responsible for meeting the agreed contractual dates notwithstanding any customs delays and will not be entitled to extension of time for completion of supply it being the Contractorrsquos responsibility to allow sufficient time for clearance through customs
GCCSUPPLY-1R-4 (28122016) 42 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
96 Training 961 The Contractor shall if required by the Purchaser provide facilities for the practical training of
Purchaserrsquos engineering or technical personnel for operation and maintenance of the Stores The Purchaser shall bear boarding lodging and travelling expenses of its personnel deputed for such training
97 Manuals
Contractor shall submit to Purchaser the manuals required for the Stores as listed in the technical specification including but not limited to
971 Quality Control Manual
Quality assurance for material procurement manufacturing packing and forwarding preservation at site erection Construction including field quality plan etc shall be furnished with the bid by the Contractor conforming to the standards to be employed by Contractor under the contract
972 Instruction manuals for equipments systems
Contractor shall forward Instruction Manuals for operation and maintenance along with dispatch of respective equipmentssystems required for the plant as provided by manufacturer suppliers of equipments systems
Contractor shall prepare and deliver to Purchaser the Operating Manual having but not limited to complete
equipment and system instructions for the start-up operation and maintenance of the plant Contractor shall
consult with Purchaser in the preparation of the Operating Manual and Purchaser will be permitted to make
recommendations as to the final form and substance of the Operating Manual The Operation Manual shall be
consistent with Prudent Utility Practices such that the various operations under anticipated operating conditions
result in operation of the Stores at the capacity efficiency reliability safety and maintainability levels
contemplated in the contract and shall in no way impair any warranty or guarantee on equipment materials or
services relating to the Stores supplied by Contractor under the contract
10 QUALITY ASSURANCE INSPECTION ACCEPTANCE AND REJECTIONS 101 Quality Assurance Program 1011 The Stores under the scope of this Contract whether manufactured or performed within the Contractorrsquos
Facilities or at his Sub-contractorrsquos premises or at the Purchaserrsquos site or at any other place of work shall be subjected to quality surveillance commensurate with Purchaserrsquos QA programme to control such activities at all stages necessary and inspection by the Purchaserrsquos authorised Quality Surveillance Engineer
1012 Quality Management System of Contractor In order to provide assurance to the purchaser the contractor shall
based on the Purchasers QA Programme prepare a QA manual which shall be finally accepted by the Purchaser after discussions before commencement of work The Quality Management System of the contractor shall generally cover but not limited to the following
a) His organization structure for the management and implementation of the proposed quality management system including interfaces
b) Design capabilities amp control
c) Documentation control system
GCCSUPPLY-1R-4 (28122016) 43 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
d) Qualification data for Contractorrsquos key personnel
e) The procedure for purchase or materials parts components and selection of Sub-contractorrsquos services including vendor analysis source inspection incoming raw material inspection verification of materials purchased etc
f) Traceability of material used in production
g) System for shop manufacturing and constructionfabrication controls through QA plans
h) Control of non-conforming items and system for corrective and preventive actions including disposal of non-
conforming items
i) Inspection and test procedures for manufacturing activities
j) Control of calibration and testing of inspection measuring and testing equipment
k) System of indication and appraisal of inspection status
l) System of quality audits
m) Training certification and authorization of personnel
n) System for authorizing release of manufactured product to the Purchaser System of intimation by the contractor and approval by the Purchaser of stages of completion of Stores
o) System for maintenance of records
p) System for handling storage preservation and delivery of items
1013 In addition the contractor shall establish a quality plan detailing out the specific quality control procedure to be
adopted for controlling the quality characteristics relevant to each item of Stores which are to be supplied as per the contract in consultation with the Project Manager and have it approved by him before start of the work The contractor shall also submit a list of all key persons to be engaged in the contract along with their qualification experience organizational position etc
1014 It is to be understood that the role of NPCIL QA is mainly to ensure that proper QA System as agreed upon
mutually between Purchaser and Contractor is being implemented by contractor and his sub-contractor and not
inspection NPCIL QA will carry out random quality check for which certain testsinspections may be required to
be repeated as stipulated in approved QAP For compliance with above requirements ldquoQuality Assurance in Supply contractsrdquo attached in the tender document shall be followed
1015 The Contractor shall be required to submit the relevant Quality Assurance document within three weeks of
completion which shall include relevant test reports connected with all engineering controls adopted by him during manufactureconstruction The Project Manager Purchaser or his duly authorized representative reserves the right to carry out Quality Audit and Quality Surveillance of the systems and procedures of the Quality Management and Control Activities of the Contractor his vender
102 Inspection Testing and Rejection 1021 The Project Manager his duly authorised representative andor an outside inspection agency acting on behalf of the
Purchaser shall have at all reasonable times access to the Contractorrsquos premises or facilities and shall have
the power at all reasonable times to inspect and examine the materials and workmanship during manufacture and if part
of the Stores is being manufactured or assembled at other premises or works the Contractor shall obtain for the Project
Manager and for his duly authorised representative permission to inspect as if the Stores were manufactured or
assembled on the Contractorrsquos own premises
GCCSUPPLY-1R-4 (28122016) 44 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1022 The Contractor shall give the Purchaserrsquos Personnel full opportunity to carry out these activities including providing access facilities permissions and safety equipment No such activity shall relieve the Contractor from any obligation or responsibility
1023 The Stores (in part or full) shall be offered by the Contractor for inspection at place of manufacture andor on the
site or at such places as may be specified by the Inspector at the Contractors risk expense and cost The Contractor shall give notice of readiness of Stores for inspection to the Inspector and shall perform all tests and inspection in presence of the Inspector as per the terms of the Purchase specifications and approved inspection plan In default of such notice the Project Manager Purchaser shall be entitled to appraise the quality and extent thereof
1024 Test Certificates and Guarantee Certificates if required by the Inspector shall be obtained and furnished to him
free of cost by the Contractor andor from the specified agency 1025 The Contractor shall promptly forward to the Purchaser duly certified reports of the tests When the specified
tests have been passed the Purchaser shall endorse the Contractorrsquos test certificate or issue a certificate to him to that effect
1026 Where consignments are required to be delivered despatched after inspection by the Inspector as per the Contract
a Shipping Release issued by the Inspector shall be enclosed along with the delivery challan or other shipping documents viz (Lorry Receipt Railway Receipt) accompanying the consignments
1027 The Contractor agrees that neither the execution of a test andor inspection of Stores or any part of the Stores nor
the attendance by the Purchaser nor the issue of any test certificate shall release the Contractor from any other responsibilities under the Contract
1028 If any dispute or difference of opinion shall arise between the parties in connection with or arising out of the test
andor inspection of the Stores that cannot be settled between the parties within a reasonable period of time it may be referred to Arbitration for determination in accordance with GCC clause no 14 (Settlement of Disputes)
1029 Except as otherwise specified in the Contract the Contractor shall provide all apparatus assistance documents
and other information electricity equipment fuel consumables instruments labour materials and suitably
qualified and experienced staff as are necessary to carry out the specified tests efficiently The Contractor shall
agree with the Purchaser the time and place for the specified testing of any Stores
10210 The Purchaser may require the Contractor to carry out any test andor inspection not covered by the Contract provided that the Contractorrsquos reasonable costs and expenses along with taxes amp duties as applicable incurred in the carrying out of such test andor inspection shall be payable extra by the Purchaser Further if such test andor inspection impedes the progress of work on the Stores andor the Contractorrsquos 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
10211 The stores received by the Purchaser will also be subject to inspection and test as may be considered necessary by
the Quality Surveillance Engineer Purchaser and his decision as regards rejection of Stores shall be final and binding on the Contractor If any stores are rejected as aforesaid without prejudice to the foregoing provision the Purchaser shall be at liberty to
GCCSUPPLY-1R-4 (28122016) 45 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
a) Allow the Contractor to resubmit without prejudice to the Purchaserrsquos right to claim and recover Liquidated Damages as provided in GCC clause no62 (Delay in Supply) Stores in replacement of those rejected within a time specified by Purchaser the contractor bearing the cost of freight for such replacement without being entitled to any extra payment thereof
b) Buy the quantity of Stores rejected or other items of similar nature from elsewhere at the risk and cost of the Contractor in accordance with the provisions contained in GCC clause no 132 (Cancellation Termination of Contract in Full or Part)
10212 Any Stores submitted for inspection and rejected by the Inspector must be removed by the Contractor within
fourteen days from the date of receipt of intimation of rejection provided that in case of dangerous infected or
perishable Stores the Inspector (whose decision shall be final) shall notify the Contractor to remove such Stores
within 48 hours of receipt of intimation of rejection and it shall be the duty of the Contractor to remove such
rejected Stores and the same shall lie at the Contractors risk from the time of such rejection and if not removed
within the aforementioned time the Purchaser shall have the right either to return the rejected Stores to the
Contractor at the Contractors risk by such mode of transport as Purchaser may select dispose off or segregate
such Stores as he thinks fit at the Contractors risk and on his account and appropriate such portion of the proceeds
as may be necessary and recover any damages or expenses incurred by the Purchaser in connection with said sale
and storage if any Freight paid by the Purchaser on Stores received and rejected after examination at destination
shall be recoverable from the Contractor
103 Supervision of Erection amp Commissioning 1031 The Contractor shall depute qualified personnel to Purchaserrsquos site during erection and commissioning
of the Stores as specified in SCC Contract
11 CHANGE IN THE SCOPE OF WORK 111 Right to vary 1111 Purchaser shall have the right to propose and 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 Stores (hereinafter called ldquoChangerdquo) provided that such Change falls within the general scope of the work and does not constitute unrelated work and that it is technically practicable taking into account both the state of advancement of the work and the technical compatibility of the Change envisaged with the nature of the Stores as specified in the Contract
1112 The Contractor may from time to time during its performance of the Contract propose to the Purchaser (with a
copy to the Project Manager) any Change that the Contractor considers necessary or desirable The Purchaser may at its discretion approve or reject any Change proposed by the Contractor
1113 Notwithstanding GCC sub-clauses no 1111 and 1112 no change made necessary because of any default of
the Contractor in the performance of its obligations under the Contract andor for Contractorrsquos convenience 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
112 Changes Originating from Purchaser
GCCSUPPLY-1R-4 (28122016) 46 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1121 If the Purchaser proposes a Change pursuant to GCC sub-clause no1111 it shall send to the Contractor a ldquoRequest for Change Proposalrdquo requiring the Contractor to prepare and furnish to the Project Manager as soon as reasonably practicable a ldquoChange Proposalrdquo which shall include the following
(a) brief description of the Change
(b) effect on the Time for Completion
(b) estimated cost of the Change
(c) effect on Functional Guarantees (if any)
(d) effect on any other provisions of the Contract
1122 Upon receipt of the Change Proposal the Purchaser and the Contractor shall mutually agree upon all matters
therein contained Within thirty (30) days after such agreement the Purchaser shall if it intends to proceed with the Change issue the Contractor with a Change Order
If the Purchaser is unable to reach a decision within thirty (30) days it shall notify the Contractor with details of when the Contractor can expect a decision
If the Purchaser decides not to proceed with the Change for whatever reason it shall within the said period of thirty (30) days notify the Contractor accordingly
1123 If the Purchaser 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 Purchaser may nevertheless instruct the Contractor to proceed with the Change by issue of a ldquoPending Agreement Change Orderrdquo
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 ninety (90) days from the date of issue of the Pending Agreement Change Order then the matter may be resolved in accordance with the provisions of GCC clause no 14 (Settlement of Disputes)
113 Changes Originating from Contractor 1131 If the Contractor proposes a Change pursuant to GCC sub-clause no 1112 the Contractor shall submit to the
Project Manager a written Change Proposal giving reasons for the proposed Change and including the information specified in GCC sub-clause no 1121 Upon receipt of the Change Proposal the parties shall mutually agree on cost implications thereof
12 TIME EXTENSION 121 Extension of Time for Completion 1211 The Time(s) for Completion specified in the Contract pursuant to GCC sub-clause no 422 shall be extended if
the 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 Scope of Work as provided in GCC clause no 11
(b) any occurrence of Force Majeure as provided in GCC clause no 611
(c) any delay in approval of drawing document by the Purchaser under GCC Sub-clause no 833
(d) any default or breach of the Contract by the Purchaser specifically including failure to supply the items
listed in the Contract or any activity act or omission of any other contractors employed by the Purchaser
GCCSUPPLY-1R-4 (28122016) 47 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(e) delays attributable to the Purchaser and included in Hindrance Register pursuant to GCC clause no 76 (Hindrances)
(f) any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contractor
1212 Except where otherwise specifically provided in the Contract the Contractor shall submit to the Purchaser a request 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 request and supporting particulars the Purchaser shall intimate the Contractor the period of such extension In the event that the Contractor does not accept the Purchaserrsquos estimate of a fair and reasonable time extension the Contractor shall be entitled to refer the matter for resolution pursuant to GCC clause no 14 (Settlement of Disputes)
1213 The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its
obligations under the Contract 1214 The Purchaser shall extend the time(s) for completion as agreed between the parties pursuant to GCC sub-clause
no 1212 without levy of Liquidated Damages In the event of grant of such extension of time the Purchaser shall also reimburse the contractor increase in Statutory levies if any in the extended delivery period
1215 In the event of grant of extension of time as per this GCC clause no 121 (Extension of Time for Completion) the
provisions of price adjustment as per GCC clause no 54 (Price Adjustment) shall also be applicable in this extended time for completion subject to overall ceiling of price adjustment as per GCC sub-clause no 543 (a) and (b) and as per provision of GCC sub-clause no 556
1216 In the event of extension of time for delays due to reasons attributable to the Contractor the provisions of this
GCC clause no 121 (Extension of Time for Completion) shall not be applicable and provisions of GCC clause no 62 (Delay in Supply) andor GCC clause no 132 (Cancellation Termination of Contract in Full or Part) shall be applicable in such cases
13 FORECLOSURE AND TERMINATION 131 Foreclosure of Contract 1311 If at any time after acceptance of the tender during execution of work the Purchaser shall decide to abandon or
reduce the scope of the work for any reason whatsoever and hence not require the whole or any part of the work to
be carried out the Purchaser shall give notice in writing to that effect to the Contractor and the Contractor shall
have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full but which he did not derive in consequence of
the foreclosure of the whole or part of the Contract
1312 Upon receipt of the notice of foreclosure under GCC sub-clause no 1311 the Contractor shall either
immediately or upon the date specified in the notice of foreclosure
a) Cease all further work except for such work as may be specified in the notice of termination for the
GCCSUPPLY-1R-4 (28122016) 48 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
sole purpose of protecting that part of the Stores already executed
b) Terminate all subcontracts except those to be assigned to the Purchaser pursuant to paragraph lsquod (ii)rsquo below
c) Stop all further purchasing and or subcontracting activities related to work foreclosed
d) In addition the Contractor subject to the payment specified in GCC sub-clause 1314 shall
i) deliver to the Purchaser the parts of the Stores executed by the Contractor up to the date of foreclosure ii) to the extent legally possible assign to the Purchaser all right title and benefit of the Contractor to Stores
as of the date of foreclosure and as may be required by the Purchaser in any subcontracts concluded between the Contractor and its Subcontractors
iii) deliver to the Purchaser all non-proprietary drawings specifications and other documents prepared by the
Contractor or its Subcontractors as at the date of foreclosure in connection with the stores
1313 The Purchaser shall have the option to take over Contractors materials or any part thereof of which the Contractor is legally bound to accept delivery from supplier (for incorporation in or incidental to Stores) provided however the Purchaser shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain
1314 In the event of Foreclosure of the Contract under GCC sub-clause no 1311 the Purchaser shall pay to the Contractor the full amount at contract rates properly attributable to supplies completed andor the parts of the Stores executed by the Contractor as of the date of foreclosure In addition the Purchaser shall also pay a further reasonable amount as certified by the Project Manager but not more than the amount proportionate to the value of balance work for the items hereunder mentioned which could not be utilized on the work to the full extent because of the foreclosure
a) For contractors materials taken over or to be taken over by the Purchaser pursuant GCC clause no 1313 cost of such materials as detailed by the Purchaser The cost shall however take into account purchase price cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor provided that the value so arrived should not be more than the proportionate rate of item of the Contract
b) If any Free Issue Materials are supplied by the Purchaser the contractor shall furnish a full account of the same pursuant to GCC sub-clause no 926 and balance FIM shall be returned by the Contractor to the Purchaser at rates not exceeding those at which these were originally issued Any deterioration or damage
which may have been caused whilst the Free Issue Materials were in the custody of the Contractor shall be
to the account of the Contractor In addition cost of transportation of such Free Issue Materials from Contractorrsquos worksstores to the stores of the Purchaser if so required by the Purchaser shall be paid to the Contractor
The Contractor shall as required by the Purchaser furnish to him books of account wage books time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this clause
132 Cancellation Termination of Contract in Full or Part 1321 The Purchaser without prejudice to any other rights or remedies it may possess may terminate the Contract
forthwith as a whole or only such items of work in default in the following circumstances by GCCSUPPLY-1R-4 (28122016) 49 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause 1321
If the Contractor
a) shall offer or give or agree to give to any person in the Purchaserrsquos service or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing-or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Purchaser or
b) shall enter into a contract with the Purchaser in connection with which commission has been paid or agreed to
be paid by him or to his knowledge unless the particulars of any such commission and the terms of payment thereof have previously been disclosed in writing to the Purchaser or
c) Shall obtain a Contract with the Purchaser as a result of wrong tendering or other non-bonafide methods of
competitive tendering or
d) Adopts or has engaged in ldquofraudulent practicerdquo like misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Purchaser collusive practice among
bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to
deprive the Purchaser of the benefits of free and open competition
e) Adopts or has engaged in ldquocoercive practicerdquo like harming or threatening to harm directly or indirectly persons or their property to influence their participation in the procurement process or affect the execution of a contract
f) being an Individual or if a firm any partner thereof shall at any time be adjudged insolvent or have a
receiving order or order for administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary-liquidation for purpose of amalgamation or reconstruction)
under any insolvency Act for the time being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport so to do or if any application be made
under any insolvency-Act for the time being in force for the sequestration of his estate or if a trust deed be
executed by him for benefit of his creditors or
g) Being a company shall pass a resolution or the Court shall make an order for the liquidation of its affairs or a
receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which
entitle the Court or debenture holders to appoint a receiver or manager or
h) Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 days or
i) assigns transfers subcontracts (engagement of labour on a piece-work basis or of labour with materials not to
be incorporated in the work shall not be deemed to be subletting) or attempts to assign transfer or subcontract the entire work or any portion thereof without the prior written approval of the Purchaser
1322 In the event of default by the Contractor in the following circumstances the Purchaser 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 fourteen (14) days of its receipt of such notice then the Purchaser may terminate the Contract as a whole or only such items of work in default by giving a notice of termination and its reasons thereof to the Contractor referring to this GCC sub-clause no 1322
If the Contractor
GCCSUPPLY-1R-4 (28122016) 50 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
(a) has abandoned or repudiated the Contract or otherwise plainly demonstrates the intention not to continue performance of his obligation under the contract or
(b) has without valid reason failed to commence work on the Stores promptly or has suspended the progress of
Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Purchaser to proceed or
(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 or
(d) refuses or is unable to provide sufficient materials services or labour to execute and complete the supply of Stores in the manner specified in the program furnished under GCC clause 72 at rates of progress that give reasonable assurance to the Purchaser that the Contractor can attain Completion of the supply of Stores by the Time for Completion as extended or
(e) at any time makes default in proceeding with the work with due diligence and continues to do so after a
notice in writing of 7 days from the Purchaser or
(f) commits default in complying with any of the terms and conditions of the Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him in that behalf by the Purchaser or
(g) fails to deliver the Stores or any part thereof on or before the Contractual Delivery Date(s) and does not
complete them within the period specified in a notice given in writing in that behalf by the Purchaser 1323 In case the Contract is terminated under GCC sub-clause no 1321 or 1322 above the Contractor shall not be
entitled to recover or be paid any sum for any work thereof or actually performed under this Contract unless and until the Project Manager has certified in writing the performance of such work and the value payable in respect thereof and he shall only be entitled to be paid so certified
1324 In case the Contract is terminated under GCC sub-clause 1321 or 1322 above the Purchaser shall on such
termination have powers to purchase from elsewhere at the risk and cost of the Contractor the Stores or part thereof not delivered and contract for which is terminated or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion (such opinion being final) of the Purchaser readily procurable
1325 In the event of action being taken under GCC clause no 1324 the Contractor shall also be liable for Liquidated
Damages for delay in deliveries which the Purchaser is entitled to recover as per GCC clause no 62 (Delay in
Supply) on that account provided an agreement for such alternate purchase from elsewhere is made within (six) 6 months of the letter of cancellation sent to the Contractor The Contractor shall not be entitled to any gain on such
purchase made on account of default The manner and method of such alternate purchase shall be at the entire
discretion of the Purchaser whose decision shall be final This right shall be without prejudice to the right of the
Purchaser to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law
1326 The termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the
Performance Security Bond Guarantee nor the time thereof The Performance Security Bond Guarantee shall be valid for the full value and for the full period as per the Contract
1327 In the event of anyone or more of the above courses under this GCC clause no 132 being adopted by the
Purchaser the Contractor shall have no claim to compensation for any loss sustained by him by reasons of his having purchased or procured any materials or entered into any engagements or made any advances on account or with a view to the execution of the work or the performance of the Contract
GCCSUPPLY-1R-4 (28122016) 51 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1328 In any case in which any of the powers conferred upon the Purchaser by this clause shall have become exercisable and the same are not exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any future case of default by the Contractor and the liability of the Contractor for compensation shall remain unaffected
133 Termination of Contract on Death 1331 If the Contractor is an individual or a proprietary concern and the individual or the proprietor dies or if the
Contractor is a partnership concern and one of the partners dies then unless the Purchaser is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners are capable of carrying out and completing the Contract the Purchaser shall be
entitled to cancel the Contract as to its incomplete part without the Purchaser being in any way liable to pay any
compensation to the estate of the deceased Contractor andor the surviving partners of the Contractors firm on
account of the cancellation of the contract The decision of the Purchaser that the legal representatives of the
deceased Contractor or the surviving partners of the Contractors firm cannot carry out and complete the Contract
shall be final and binding oh the parties In the event of such cancellation the Purchaser shall not hold the estate
of the deceased Contractor andor the surviving partners of the Contractors firm liable for damages for not
completing the Contract
14 SETTLEMENT OF DISPUTE 141 Settlement by Mutual Consultation 1411 If any dispute of any kind whatsoever shall arise between the Purchaser and the Contractor in
connection with or arising out of matters covered in the Contract including without prejudice to the generality of the foregoing any question regarding its existence validity or termination or execution of
the facilities whether during the progress of the facilities or after their completion and whether before or
after the termination abandonment or breach of the Contract the parties shall seek to resolve any such
dispute or difference by mutual consultation Efforts shall be made first to resolve such dispute or difference at the
level of Sr GM (CampMM) Project Manager Engineer-in-charge level failing which the matters in dispute shall
be discussed for settlement at Corporate Level of the Purchaser and the Contractor If the parties fail to resolve
such dispute or difference by all such mutual consultation(s) then the either party may give a thirty (30) days
notice to the other party conveying its intention to commence Arbitration as hereinafter provided as to the matter
in dispute and no Arbitration in respect of this matter may be commenced unless such notice is given
142 Arbitration 1421 Any dispute in respect of which notice of intention to commence Arbitration has been given shall be finally
settled by Arbitration The Arbitration may be concluded prior to or after completion of the facilities Arbitration proceedings shall be conducted in the manner as herein below provided
1422 Consequent to issue of notice of intention to commence Arbitration by either party both the Purchaser and the Contractor shall appoint one Arbitrator each These two Arbitrators shall agree between themselves and shall
appoint a third Arbitrator The issue in dispute shall then be referred to these Arbitrators In any Arbitration
invoked at the instance of either party to the Contract the Arbitrator(s) would be free to consider the counter claim of the other party even though they are not mentioned in the reference to Arbitration The decision either by
consensus or by majority of these three Arbitrators shall be final and binding on both the parties and shall be implemented by the parties forthwith
GCCSUPPLY-1R-4 (28122016) 52 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
1423 For Contract issued to an Indian Contractor or to a Consortium in which the Indian Contractor is the lead partner the provisions of the Arbitration amp Conciliation Act 1996 and Rules made there under andor any statutory modifications or re-enactment thereof for the time being in force shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1424 For Contract awarded to a foreign Contractor or to a consortium in which the Foreign Contractor is the lead partner Rules of Conciliation and Arbitration of the International Chamber of Commerce shall apply to such Arbitration proceedings The Arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award
1425 For Contract awarded to a Public Sector Enterprise all matters in dispute to be settled through arbitration shall be referred to the Permanent Arbitration Mechanism (PAM) of the Department of Public Enterprise Government of India
143 General
1431 Notwithstanding any reference to Arbitration as herein before provided ndash (a) the Parties shall continue to perform their respective obligations under the Contract with due diligence unless they otherwise agree (b) the Purchaser shall continue to pay to the Contractor any moneys due and undisputed to the Contractor
------------------x------------------
GCCSUPPLY-1R-4 (28122016) 53 OF 54
NUCLEAR POWER CORPORATION OF INDIA LIMITED General Conditions of Contract for Supply of Indigenous Stores
15 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
CENVAT Centralised Value Added Tax
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
GCC General Conditions of Contract
GR Good Receipt
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
Sq Square
TampP Tools Plants and Equipments
USD US Dollar
UKP UK Pound
VAT Value Added Tax
WCT Works Contract Tax
GCCSUPPLY-1R-4 (28122016) 54 OF 54
(To be submitted in Non-judicial Stamp Paper of appropriate value) Annexure-A
ADVANCE PAYMENT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non
Contracts amp Materials Management -judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400
Karwar Uttara Kannada District Karnataka Statee
1 WHEREAS on or about the __________________day of 201_
Ms________________________________________ a Company registered under the
Companies Act 1956 and having its registered office at
____ per cent advance payment out of a contract value of Rs______ (Rupees
____________________________ only ) is to be paid by the Purchaser to the contractor
3 AND WHEREAS the Purchaser has agreed in pursuance of the said terms and conditions of the
contract to make an advance payment of Rs _________ ( Rupees
________________________ only) to the Contractor on the Contractor furnishing a
Bank Guarantee in the manner herein contained
Page 1 of 4
4 NOW WE the _______________________________________________(Bank) in consideration of the
purchaser having agreed to pay to the contractor an advance payment of Rs ________ ( Rupees
____________ only) do hereby agree and undertake to indemnify the Purchaser and keep the Purchaser
indemnified to the extent of a sum not exceeding the said sum of Rs________ ( Rupees
______________ only ) against any damage or loss that may be suffered by the Purchaser by reason of
non-fulfilment of any of the terms and conditions of the contract by the contractor
5 WE _________________________________________ ( Bank ) do hereby undertake to pay the amount
due and payable under this guarantee without any demur merely on a demand from on behalf of Messrs
NUCLEAR POWER CORPORATION OF INDIA LTD stating that the amount claimed is due by way of loss
or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said
Contractor (s) of any of the terms and conditions contained in the said agreement or by reason of the
Contractor(s) lsquos failure to perform the said agreement Any such demand made on the bank shall be
conclusive as regards the amount due and payable by Bank under this guarantee However our liability
under this guarantee shall be restricted to an amount not exceeding Rs
______ ( Rupees _____________________________________ only )
6 We undertake to pay to the Purchaser any money so demanded not withstanding any dispute or disputes
raised by the Contractor (s) in any suit or proceeding pending before any Court or Tribunal relating thereto
our liability under this present being absolute and unequivocal The payment so made by us under this bond
shall be valid discharge of our liability for payment thereunder and the Contractor (s) shall have no claim
against us for making such payment
Page 2 of 4
7 AND WE _____________________________________________( Bank ) hereby further agree that the
decision of the said NUCLEAR POWER CORPORATION OF INDIA LTD as to whether the Contractor has
committed breach of any such terms and conditions of the contract or not and as to the amount of damages
or loss assessed by the said NUCLEAR POWER CORPORATION OF INDIA LTD as damage or loss
suffered by the Purchaser on account of such breach would be final and binding on us
8 AND WE ______________________________________________( Bank ) further agree with the Purchaser
that the Purchaser shall have the fullest liberty without our consent and without affection in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement or to extent time of
performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any
of the powers exercisable by the Purchaser against the said Contractor (s) and to forbear or enforce any of
the terms and conditions relating the said agreement and we shall not be relieved form our liability by reason
of any such variation or extension being granted to the said contractor (s) or for any forbearance act or
omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor (s ) or by
any such matter or thing whatsoever which under the law relating to sureties would but for this provision
have effect of relieving us
9 This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor (s
)
Page 3 of 4
10 Our guarantee shall remain in force until
_____________________________________ and unless a claim under the guarantee is lodged
with us within three months from that date all rights of the Purchaser under the guarantee shall be
forfeited and we shall be relieved and discharged from all liabilities thereunder
11 Notwithstanding anything contrary contained in any law for the time being in force or banking
practice this guarantee shall not be assignable or transferable by the beneficiary Notice or
invocation by any person such as assignee transferee or agent of beneficiary shall not be
entertained by the bank Any invocation of the guarantee can be made only by the beneficiary
directly
Dated the __________________ day of _______________________201_
For_________________________________________ ( Indicate the name of the bank )
Page 4 of 4
(To be submitted in Non-judicial Stamp Paper of Appropriate Value) Annexure - B
SECURITY DEPOSIT
NUCLEAR POWER CORPORATION OF INDIA LIMITED
(Acting through)
SITE DIRECTOR (to be issued by Nationalised
KAIGA GENERATING STATION scheduled commercial bank only on non-
Contracts amp Materials Management judicial stamp paper of appropriate value)
KAIGA 1-4 KAIGA 581 400 Karwar Uttara Kannada District Karnataka State
Sir
1 In consideration of the NUCLEAR POWER CORPORATION OF INDIA LIMITED (herein after called lsquoThe Purchaserrsquo) having agreed to exempt___________________________________________________________ __________________________________________(herein after called lsquoThe said Contractor(s)) from the demand under the terms and conditions of an agreement no________ dated ___________ made between ________________________ and ______________________for________________(herein after called ldquoThe said Agreementrdquo) of security deposit for the due fulfillment by the said contractor(s) of the terms and conditions contained in the said agreement on production of a Bank Guarantee for Rs__________________ (Rupees_______________________only) We ____________________________ (indicate name of bank) at the request of____________________________ contractor(s) do hereby undertake to pay to the Purchaser an amount not exceeding Rs____________ (Rupees_________________________________________) against any loss or damage caused to or suffered or would be caused to or suffered by the Purchaser by reason of any breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement
2 We ____________________________________________________(Bank) do hereby undertake to pay the amount due and payable under this guarantee without any demur merely on a demand from the Purchaser stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Purchaser by reason of breach by the said Contractor(s) of any of the terms and conditions contained in the said agreement or by reason of the Contractor(s)rsquos failure to perform the said agreement Any such demand made on the bank shall be conclusive as regards the amount due and payable by Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs__________ (Rupees___________________________________only)
3 We undertake to pay to the Purchaser any money so demanded not withstanding any
dispute or disputes raised by the Contractor(s)supplier(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s)Supplier(s) shall have no claim against us for making such payment
1
4 We _______________________________________(indicate the name of Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Purchaser under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the NUCLEAR POWER CORPORATION OF INDIA LTD certifies that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges this guarantee The guarantee is valid until ________ and unless a demand or a claim under this guarantee is made on us in writing on or before the ________________ (ie including claim period of three months) we shall be discharged from all liability under this guarantee thereafter
5 We _________________________________________(indicate the name of bank) further
agree with the purchaser that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance act or omission on the part of the Purchaser or any indulgence by the Purchaser to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us
6 This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s)Supplier(s) 7 We_____________________________________________________(indicate the name of
the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of Purchaser in writing
8 Notwithstanding what is stated in the above paragraphs our liability under this guarantee will be restricted to Rs_______________
(Rupees__________________________only)
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
balance_____________per cent payment out of the total value of the contract ie
Rs___________________(Rupees___________________only) is to be paid to the contractor on
the final acceptance of the equipment and on the Contractor furnishing a Bank Guarantee in a
manner herein contained duly executed by a ScheduledNationalised Bank towards satisfactory
performance of the equipment during warranty period viz _______________months from date of
receipt amp acceptance of the equipmentmaterial at Purchaserrsquos Site as defined in the conditions of
the Contract
3 NOW WE the___________________________________(Bank) in consideration of the promises and the payment of the said sum of Rs__________(Rupees_________________________________only) by the Purchaser to the Contractor do hereby agree and undertake to pay to the Nuclear Power Corporation of India Limited on behalf of the Contractor the amount due and payable under the guarantee without any demur merely on a demand from the Nuclear Power Corporation of India Limited stating that the amount claimed is due by way of loss or damage caused to or suffered by the Purchaser by reason of unsatisfactory performance of the equipment during the warranty period Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee However our liability under this guarantee shall be restricted to an amount not exceeding Rs___________________ (Rupees__________________________________________only)
1
4 We undertake to pay to the Purchaser any money demanded notwithstanding any dispute or disputes raised by the Contractors in any suit proceedings pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal The payment so made by us under the bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment
5 WE HEREBY further agree that the decision of the Nuclear Power Corporation of India Limited as to
whether the said equipment is giving satisfactory performance or not during the warranty period and as to the amount of damages suffered by the Purchaser on account of unsatisfactory performance of the said equipment shall be final and binding on us
6 AND WE the__________________________________(Bank) do hereby agree that our liability
hereinunder shall not be discharged by virtue of any agreement between the Purchaser and the Contractor whether with or without our knowledge andor consent or by reason of the Purchaser showing any indulgence or forbearance to the Contractor whether as to payment time for performance or any other matter whatsoever relating to the contract which but for this provision would amount to discharge of the surety under the law
7 THIS guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) 8 OUR Guarantee shall remain in force until______________and unless a claim under the guarantee
is lodged with us within three months from that date all rights of the Purchaser under the guarantee shall be forfeited and we shall be relieved and discharged from all our liabilities hereunder
9 Notwithstanding anything contrary contained in any law for the time being in force or banking practice this guarantee shall not be assignable or transferable by the beneficiary Notice or invocation by any person such as assignee transferee or agent of beneficiary shall not be entertained by the bank Any invocation of the guarantee can be made only by the beneficiary directly
Dated the _______________ day of_____________ 201_
For__________________________ (indicate the Name of the bank)
2
ANNEXURE-D
APPLICATION FOR PAYMENT
WILL BE ISSUED LATER
ANNEXURE - E
FORMAT OF INDEMNITY BOND AGAINST FREE ISSUE MATERIALS (FIM) TO BE EXECUTED ON A NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
INDEMNITY BOND
This Indemnity Bond made this_____ day of______ between Ms_________________________ having its registered office at______________ hereinafter referred to as ldquoThe Contractorrdquo which expression shall include its successors and assigns on one part and Nuclear Power Corporation of India Limited (A Govt of India Enterprise) acting through Site Director Kaiga Generating Station Contracts amp Materials Management) ________________________________________ hereinafter referred to as ldquoThe Purchaserrdquo which expression shall include its successors and assigns on other part
Whereas the Nuclear Power Corporation of India Limited has placed a Purchase OrderContract No__________________________________________ dated ________ hereinafter referred to as ldquoPurchase Orderrdquo on the Contractor and the Contractor has accepted to execute the Purchase Order
And whereas the Purchaser has agreed to supply the Free Issue Materials referred to in the ContractPurchase Order for the purpose of fabrication machining and supply of the equipment and stores as referred to in the ContractPurchase Order
And whereas the Contractor has agreed to furnish an Indemnity Bond for a sum of Rs______________________________________(Rupees________________________ __________) being amount equivalent to the value of the free issue materials to be supplied by the Purchaser
Whereas it is explicitly understood that the materials to be supplied is held by the Contractor for and on behalf of
Nuclear Power Corporation of India Limited and that ownership of the materials used for fabricationmachining etc
rests with Nuclear Power Corporation of India Limited till the fabricatedmachined equipmentcomponents are
delivered to the Purchaser and balance and left over materials as per free issue material account as approved by
the Purchaserrsquos engineer isare returned to the Purchaser NOW THIS DEED WITNESSETH THAT IN CONSIDERATION OF THE FREE ISSUE MATERIALS SUPPLIED BY THE NUCLEAR POWER CORPORATION OF INDIA LIMITED
1 The Contractor hereby undertake to pay to the Nuclear Power Corporation of India Limited on demand the said sum of Rs______________(Rupees_______________________________) in the event of any breach of the conditions of the Purchase Order loss and damage of the material and balance material not being returned on or before________________________or any other date mutually agreed
2 The Contractor shall be totally responsible for safety of the material during which it remains in their
custodycontrol and adequate care for preservation of the item
3 The Contractor shall undertake to preserve the material with due and proper care and to keep it insured
for the period during which it remains in their custodycontrol
4 The Contractor shall be responsible for safe return of the balance materials off cuts scraps to the final
destination
5 This bond shall remain in force and effect so long as the full account of free issue materials is settled to
the satisfaction of the Purchaser and balance material is returned to the Purchaser
6 The Contractor shall not stand discharged or released from the Indemnity Bond given by them under this bond on account of any alteration in the obligation of the parties to the Contract or on account of any indulgence or forbearance as to the payment time performance or otherwise granted by Nuclear Power Corporation of India Limited to the Contractor in relation to the Purchase Order
It witness whereof the parties hereto have caused the bond to be duly executed on the day and the year first above written
FOR (CONTRACTORrsquoS NAME)
ANNEXURE-F
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the following certificates Certified that 1 Excise Duty claimed in thisthese billbills isare not more than what is are payable under the
provisions of the relevant act or the rules made there under 2 The amount of Rs____________________ claimed as Excise Duty in this bill has beenwill be
paid to the Excise Authorities in respect of stores covered by the bill as per the procedure laid down by the Excise Authorities
3 No refund of Excise Duty for the goods covered under the billbills hashave been received from
the Central Excise Authorities nor our appeal for refund of Excise Duty for the goods covered under the bills are pending with the Central Excise Authorities
4 In the event of any refund of Excise Duty being received we undertake to promptly pass on the
same to NPCIL In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
Certificate to be furnished by the Contractor along with the invoicebills when sales Central Sales Tax as extra is claimed
Certified that 1) Goods and packing charges on which sales tax (Central or State) VAT claimed are not exempted
from payment of Sales Tax (Central or State) VAT under the Provisions of Sales Tax Act or Rules
2) We as a registered dealer are being assessed to Sales Tax 3) In the event of our getting refund in whole or part of Sales Tax already paid from Sales Tax
Authorities we shall promptly pass on the same to the Purchaser In additions we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4) We are registered as dealers in the State of _________________ and our localCentral Sales Tax
Registration No is __________________________
ANNEXURE-H
Certificate to be furnished by the contractor along with the InvoiceBills when service tax is claimed
Certified that
1 Services on which service tax claimed are not exempted from payment of service tax under the provisions of Extant Rules
2 We are registered with Central Excise Department for service tax and our Registration number
is _____________________
3 We undertake to pursue the matter for refund in case the exemption is received by NPCIL
from the Govt of India for payment of service tax In the event of our getting refund in whole or part of Service Tax already paid to Service Tax Authorities we shall promptly pass on the same to the purchaser In addition we also authorise the paying authority in NPCIL to recover such amount from our outstanding bills against the present or future contracts
4 We hereby confirm that Service Tax has been remittedwill be remitted in accordance with the
Service Tax Rules
Signature of Contractor or their Authorised Representative
The following Special Conditions of Contract (SCC) shall supplement amend General Conditions of Contract (GCC) ndash Form
NoGCCSupply-1Rev4 Wherever there is a conflict between the two the provisions in SCC shall prevail over those in the
GCC
GCC
Clause
GCC Description SCC Clause SCC Description
342 (a) Security Deposit 11 Contractor shall furnish Security Deposit for 10 of the Basic Price
(inclusive of PampF charges) in respective contract currencies for due
performance of the said contracts in the form of a Bank Guarantee
within 30 days from the date of award of contracts and it shall be valid till
satisfactory completion of the contract and submission of Performance
Bond Bank Guarantee pursuant to GCC Sub clause 345 below plus a
claim period of three months for lodging of claims if any
345
(a)
Performance Bond 12 NOT APPLICABLE
52 Price Basis 13 Price Basis The Contract prices of all items and spares covered under the
contract shall be on DAP Purchaserrsquos Site ndash INCOTERM-2010 basis
521 Price Basis 131 Price break-up of indigenous items and spares shall be indicated as
follows
i Basic price including but not limited to Packing amp
Forwarding Charges and CIF value of imported raw
materialcomponent if any required for indigenous
manufacturer
ii Inland transportation (freight) and Insurance charges
iii Applicable percentage of GST on the above two
components
Input Tax Credit (ITC) available to the bidders shall be taken
into consideration in quoted price and the bidder shall pass on
the benefits to the PurchaserCIF value of the imported raw
materialscomponents included in the Basic Price (inclusive
of PampF charges) of indigenously manufactured items shall be
shown separately for the purposes of 15 price preference
loading vis-agrave-vis domestically manufactured goods for
availing Deemed Export benefits if any 522 Price Basis 132 Price break-up of imported items and spares delivered directly to the Site
from Indian port of entry shall be indicated as follows
i FOBFCA Price
ii Handling charges in Port of Origin if applicable
MarineAir Freight amp transit (Marine) Insurance
iii Customs Duty if applicable
iv Applicable percentage of IGST
v Port handlingClearance Charges at Indian Port Inland
transportation and transit insurance charges
vi Applicable percentage of GST on the above
component indicated in (v) 53 Currency of Payment 14 For Supply of equipment spares and other materials from indigenous
sources DAP price of such items inclusive of CIF value of imported raw
materialcomponents shall be in Indian Rupees (INR)
54 Price adjustment 15 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
55 Price adjustment formula 16 The word Ex-works wherever appears should be read as Basic Price
(inclusive of PampF charges) ndash INCOTERMS-2010
56 Terms of Payment 17 Acceptance of ldquoTerms of Paymentrdquo 100 payment shall
be released within 30 days after receipt inspection amp final
acceptance of the materials at Kaiga Site
512 Taxes and Duties
21 21 Indirect Taxes and Duties
211 The Bid prices shall be inclusive of Goods and Services Tax
(GST) and any other Indian Indirect Taxes payable in India for
the final product services However break up of price
components should be shown as required in Price Schedule
212 The Contractor shall bear all non-Indian taxes duties levies etc
payable upto FOB in respect of sourcing items from abroad
213 Contractor shall be responsible for payment of all Indian Taxes
Duties including IGST on imports and all other statutory levies
as applicable in connection with supply of the Stores However
Supplies on High Seas sales basis the IGST shall be reimbursed
by the purchaser The prices DAP shall be inclusive of all Taxes
Duties and other Statutory levies payable under the law of the
Land The Contractor shall however take into account Fiscal
Concessions available to the subject contract as detailed in the
below mentioned paras and pass on the benefit to the Purchaser
As Price is inclusive of GST and payable against the supply as
per statute no separate GST will be paid along with Price
Adjustment component (if billed separately)
214 In case there is no increase in GST rate within Contractual
Delivery Date GST as applicable or quoted whichever is lower
will be reimbursed by Purchaser limiting to the rate prevailing
within the Contractual Delivery Schedule
215 GST as applicable or quoted whichever is lower will be
reimbursed by Purchaser limiting to the rate prevailing within the
contractual delivery schedule
216 In case of increase in existing taxes duties and or introduction
of any other new indirect taxes cess if levied by Government
during the contractual delivery period the incremental rate of
existing taxeslevies andor any other new indirect taxcess shall
be reimbursed paid by the Purchaser upon verification of the
documentary evidence submitted and its acceptance by the
purchaser The paymentreimbursement of statutory variations in
the rates of tax andor of new tax duty or levy imposed under
statute or law in India as above would be restricted only to direct
transactions between the Owner and the Bidder This provision
shall not apply to changes in Personal Income tax or Corporate
Income tax or to changes in non-Indian Taxes
217 For extension in the contractual delivery period for the reasons
attributable to the Purchaser andor Force Majeure increase in
existing taxes amp duties if any and new tax component
introduced in the extended period shall be reimbursed to the
Contractor subject to the submissions of necessary documentary
evidence No increase new tax shall be payable during the delay
period due to reasons attributable to the Contractor
218 If there is an upward revision in the rate of GST within CDD due
to change in classification by the bidder such upward revision
shall not be entertained as per clause no 216 amp 217 and the
payment towards GST will be restricted to the quoted rate of
GST
219 GST on Liquidated Damages (LD) as applicable shall be to the
account of the Contractor and shall be recovered from payments
due to the Contractor
2110 The bidders are required to examine the provisions of The
Central Goods and Services Tax Act 2017(CGST) The
Integrated Goods and Services Tax Act 2017(IGST) The
relevant SGST act of the State Government The Union
Territories Goods and Services Tax Act 2017(UTGST) and The
Goods and Services Compensation to States Tax Act 2017 and
their Rules as being enacted and amended from time to time The
bidders are required to take into account all input tax credits and
the exemptions available therein while furnishing their bids
2111 The Bidder shall quote the prices giving breakup in the manner
specified in the Price Schedule The Bidder shall quote the
applicable rate of GST in the Price Schedule
2112 For the purpose of Evaluation GST quoted in the Bid shall only
be considered
2113 The Bidder shall indicate the taxes and duties as applicable seven
(7) days prior to last date for Bid Submission
2114 The Bidder is required to quote the rate of GST applicable under
GST Law in the Price Schedule while giving the breakup of
prices
2115 In case GST registered Bidder has quoted GST rate as lsquo0rsquo (Zero)
the quoted price shall be considered to be inclusive of GST as
applicable
2116 In case of bid received from dealers who have opted for the
composition scheme under GST Law the Bidder shall
specifically mention the same in his Bid Owner shall not be
liable to payreimburse any GST on the supplies made by such
dealers under the OrderContract
2117 In case of bid received from unregistered dealer for evaluation
their bid shall be cost compensated as per the GST rate
applicable in view of Reverse Charge Mechanism (RCM) as per
GST Law
2118 In case of all materials identified by the Supplier and Owner to
be dispatched directly from the sub-vendors work to Owners
site the Supplier shall ensure that his sub-vendors raise Tax
invoices as per the provisions of GST Law ldquoBilled to the
Supplier and Shippedrdquo to the Ownerrsquos site The Supplier shall
further ensure that he raises his corresponding Tax Invoices in
the name of Owner during transit of the materials before the
delivery of materials is taken by Owner
2119 The implications of GST on return of goods will be as per the
provisions of the relevant GST Laws
2120 Bidders are required to provide their GST Registration numbers
the HSN code of the goodsSA Code for services and the
applicable rate of GST as in the Commercial Terms and
Conditions of the bid submitted in Part-I (Technical and
Commercial bid except price)
2121 While claiming the GST the Tenderers are required to adhere to
the provisions available therein The Contractors are required to
ensure that the details of GST charged in the Invoice and other
details are filled in the GST Returns within the due date as
notified by the GST Council and also certify the same in
Annexure-F only upon which reimbursement of GST would be
considered
2122 Please note that in case any refundcredit to GST if granted to
Tenderers by GST Authorities in respect of stores supplied under
the contract Tenderers will pass on the credit to the Purchaser
immediately along with a certificate from bidderrsquos
DirectorManagerProprietorAccountant that the credit so passed
on relates to the GST originally paid for the stores supplied under
the contract
2123 When GST is claimed by the Contractor supplier in general the
certificate as per Annexure F should be submitted to the paying
authority with their invoices
2124 For items not covered under GST the bidder is required to quote
Excise DutyVATCST as applicable in the Price Schedule
wherever GST is mentioned in price format while giving the
breakup of Prices
22 Direct Tax - Tax Deduction at Source
221 The Purchaser shall have the right to withhold taxes on income
excess profits royalty and other taxes from payments due to
Contractor under this Contract to the extent that such withholding
may be required by the government of India or any relevant
authority thereof or by the government of any other country and
payment by the Purchaser to the respective governmental office
of the amount of money so withheld will relieve the Purchaser
from any further obligation to Contractor with respect to the
amount so withheld
222 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary taxes at such rate as is
required by any Government Authority unless and to the extent
that the Contractor shall produce to the Purchaser any certificate
issued by a Government Authority (having authority to issue
such certificate) entitling the Contractor to receive the payments
under the Contract for a prescribed period without deduction of
any tax or deduction at a lower rate
223 The Purchaser shall provide the necessary withholding tax
certificates to the Contractor within the time stipulated by the
relevant law to enable the Contractor to file the same with the
Government Authority as a proof of payment of such taxes
224 All taxes levied on Contractorrsquos corporate income or profits shall
be for the account of Contractor and shall not be reimbursed by
the Purchaser Contractor shall also be responsible for payment
of income taxes of its personnel levied in India or elsewhere
23 Indirect Tax-Tax deduction at source
231 The Purchaser shall at the time of its payments due to the
Contractor withhold the necessary tax at source at such rate if
required under the legislation unless and to the extent that the
Contractor shall produce to the Purchaser any certificate issued
by a Government Authority (having authority to issue such
certificate) entitling the Contractor to receive the payments under
the Contract for a prescribed period without deduction of any tax
or deduction at a lower rate
232 In case of such deductions as mentioned above the Purchaser
shall provide the necessary withholding tax certificates to the
Contractor within the time stipulated by the relevant law to
enable the Contractor to file the same with the Government
Authority as a proof of payment of such taxes
New Clause 30 Fiscal Concessions for Nuclear Power Projects(NPPs)
31 Nuclear Power Project of capacity 440 MW or more have been
notified by GOI for eligibility towards fiscal concessions As such
the goods required for setting up these projects are subject to
lsquoNILrsquo Customs duty as per the extant policy of Government of
India (vide Customs Notification No 502017 dated 30-6-2017
and updated upto 05-12-2017 (in the list 32 at Sr No 602) In
consideration of the aforesaid Fiscal Benefits no customs duty on
goods shall therefore be payable reimbursable by the Purchaser
to the Contractor Similarly as per the paragraph 702 (h) of
Foreign Trade Policy 2015-2020 of Government of India
Domestic Contractors supplying goods for these projects under
the procedures of National competitive bidding or International
Competitive bidding shall be eligible for benefits of lsquoDeemed
Exportrsquo under paragraph 703 (a) relating to advance authorisation
and 703 (b) relating to deemed export draw back of the Policy
and paragraphs 702(d) 703(g) and 705(b) of Hand Book of
Procedures) issued by the Director General of Foreign Trade
Department of Commerce Ministry of Commerce and Industry
Government of India(DGFT Trade Notice Number ndash 112018
dated 30062017) In consideration of the aforesaid Fiscal
Benefits no customs duty on goods shall therefore be payable
reimbursable by the Purchaser to the Contractor
32 The bidders are solely responsible for adherence and compliance
with the necessary processes procedures and documentation as
may be stipulated by the concerned Statutory Authorities
connected in respect of availing such fiscal benefits The
Purchaser shall however make available only the requisite
documents or certifications as per the extant rules and procedures
for availing the above exemptionsconcessions by the Contractor
33 In the event of subsequent denial of the above benefits prevailing
as on the last date of submission of the bid by the designated
authorities to the Contractor either on the basis of interpretation
of the provisions of such benefits or due to change in law such
indirect taxes will be reimbursable by the Purchaser at actual rates
for the supplies made within the Contractual Delivery Dates or
extended Contractual Delivery Dates due to reasons attributable
to the PurchaserForce Majeure And for the supplies that are
made beyond the Contractual Delivery Date due to reasons
attributable to Contractor the reimbursement of taxes shall be
made by the Purchaser limiting to the rates prevailing on the
Contractual Delivery Date
556 Price Adjustment 41 In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in the Contract) for reasons attributable to
the Purchaser the price adjustment provisions shall continue to be
applicable for an additional period equal to delay caused by the
Purchaser subject to GCC sub-clause 541 542 amp 543 This shall
however not deemed to be automatic extension of Contractual
Date of Delivery
In case of supplies which are delayed beyond the Contractual
Delivery Date (as given in Contract) for reasons attributable to the
Contractor or Force Majeure events the provision of Price
Adjustment shall be as per PO terms regulated on the basis of the
indices as applicable as per PO terms on the original CDD or the
indices as applicable as per PO terms on the actual delivery date
whichever is lower
In case Supplies are delayed beyond the Contractual Delivery Date
(as given in the Contract) and the total delayed period can be
apportioned between delays due to the Purchaser the Contractor
and or Force Majeure events Price adjustments for the period of
delay caused by the Purchaser will be allowed considering as if this
delay due to the Purchaser happened first immediately after
Contractual Delivery Date irrespective of actual point in time in
which such delay by Purchaser occurs No price adjustment shall be
allowed for delays apportioned to the Contractor and or Force
Majeure events
57 Application for Payment This clause is deleted
652 Transfer of Ownership
42 Ownership of the indigenous stores (including spare parts) shall be
transferred to the Purchaser when the Stores are brought on to the
Site
653 This clause is deleted
683 Indemnity for Taxes and
Duties
43 The Contractor shall be responsible for filing all necessary Tax
returns (including without limitation returns for Corporate Income
tax Personal Income tax and GST) with the relevant Government
Authorities in accordance with all applicable statutory
requirements and shall be responsible for providing all information
requested by such Government Authorities
New Clause 44 End use verification shall not be agreed upon by NPCIL in case of
imports under any circumstances Further the bidder Contractor
shall make attempts to import Raw Material Components if
necessary without insisting for ldquoEnd User Certificaterdquo
942 Transportation 45 For Contracts placed on DAP- Purchaserrsquos site basis
i) The Contractor shall transport at his own risk and expense and
deliver the Items at the destination specified by the Purchaser
by selecting any safe mode of transport unless otherwise
stated in the contract
ii) Unless otherwise expressly mentioned in the Contract the
Contractor shall pay and bear all freights and all costs and
expenses for transporting the items to the place of delivery
specified in the Contract and the price specified in the
Contract shall be inclusive of all such packing handling
forwarding freight and transit insurance charges The
Contractor shall however indicate the break up price towards
freight and transit insurance charges
iii) Unless otherwise provided in the Contract the Contractor
shall be entitled to select any safe mode of transport without
any transhipment to carry the Plant and Equipment
iv) The Contractor shall be responsible for obtaining if necessary
approvals from the authorities for transportation of the Stores
to the Site The Contractor shall indemnify and hold harmless
the Purchaser from and against any claim for damage to
roads bridges or any other traffic facilities that may be caused
by the transport of the Stores to the Site
v) The Contractor shall indemnify and hold the Purchaser
harmless against and from all damages losses and expenses
(including legal fees and expenses) resulting from the
transport of Stores and shall negotiate and pay all claims
arising from their transport
vi) In the event any stores or item is damaged lost stolen
destroyed or otherwise impaired while in storage or transit
Contractor shall at its own expense and cost restore or replace
such affected stores or item
943 Transportation 46 The clause is deleted
946 Transportation 47 Documentation for Supply of Indigenous Items
On the day of transport the contractor shall send to the Purchaser by
courier for information a copy of each of the following documents
i) Transportation documents like airway bill lorry
receipt railway receipt delivery challan e way bill
etc ii) Certificate of insurance
iii) Invoice with itemised prices duly signed by Contractor
iv)Copy of packing lists for each separate package
v) Shipping release issued by Purchaser or his authorized
representation
vi) Contractor shall also be responsible for obtaining clearances if
any for timely and safe delivery of items to the site
952 Custom Clearance 48 The Contractor shall at its own expense handle all imported Stores
at the point(s) of import and shall handle any formalities for
customs clearance The Purchaser will make available to the
Contractor all documents applications that are required to be
made in the name of the Purchaser as per applicable laws or
regulations including requisite documents or certifications as per
the extant rules and procedures for availing the
exemptionsconcessions in Customs Duty if any However it is the
responsibility of the Contractor to approach the Purchaser and
obtain necessary documents certificates from the Purchaser well
in advance
1324 Cancellation
Termination of Contract
in Full or Part
50 In case the Contract is terminated under GCC sub-clause 1321 or
1322 above the Purchaser shall on such termination have powers
to purchase from elsewhere at the risk and cost of the Contractor
(including departmental overhead charge 30 of the total
expenditure incurred to complete the balance supply work) the
Stores or part thereof not delivered and contract for which is
terminated or other items of similar description when such Stores
exactly complying with the Particulars are not in the opinion (such
opinion being final) of the Purchaser readily procurable
1425 SETTLEMENT OF DISPUTE 60 For Contracts between CPSEs inter-se and CPSEs and Government
Departments Organisations In the event of any dispute or
difference relating to the interpretation and application of the
provisions of commercial contracts(s) between Central Public
Sector Enterprises (CPSEs) Port Trusts inter se and also between
CPSEs and Government Departments Organisations (excluding
disputes concerning Railways Income Tax Customs amp Excise
Departments) such dispute or difference shall be taken by either
party for resolution through Administrative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in DPE OM no
4(1)2013-DPE(GM)FTS-1835 dated 22-05-2018
15 ABBREVIATION 70 ABBREVIATIONS USED
BHP Brake Horse Power
BOQ Bill of Quantity
CampMM Contracts and Materials Management
Department
ECC Erection Completion Certificate
EPC Engineering Procurement and Construction Contract
CDD Contractual Delivery Date
Central Goods and Services Tax (CGST)
CMRCIV Contractorrsquos Material Receipt Cum Issue Voucher
DAP Delivered at Place
DCR Design Concession Request
DRB Dispute Resolution Board
ECS Electronic Clearance System
FIM Free Issue Material
FOB Free on Board
Goods and Services Tax (GST)
GCC General Conditions of Contract
GR Good Receipt
Integrated Goods and Services Tax (IGST)
IPR Intellectual Property Rights
ITT Invitation to Tender
INR Indian Rupees
kW Kilo Watt
kWh Kilo Watt Hour
LC Letter of Credit
LD Liquidated Damages
LIBOR London Inter Bank Offer Rate
LR Lorry Receipt
MRICAR Material Receipt Intimation Cum Acceptance Report
NDT Non Destructive Testing
NPCIL Nuclear Power Corporation of India Limited
PLR Prime Lending Rate
PO Purchase Order
QA Quality Assurance
Rs Indian Rupees
RR Railway Receipt
SCC Special Conditions of Contract
State Goods and Services Tax (SGST)
Sq Square
TampP Tools Plants and Equipments
Union Territory Goods and Services Tax (UTGST)
USD US Dollar
UKP UK Pound
10 GCC 8 Annexure F lsquoCertificate towards Excise Dutyrsquois substituted with
Annexure-F Format for ldquoGoods and Services Taxrdquo
Annexure G and Annexure H are deleted
676 GCC Cl No676
Right of Recourse
under
Civil Liability for
Nuclear Damages Act
2010 amp Rule 2011 thereof
9 Since requirement is for PHWR NPCIL is the system designer and technology owner being responsible for
safety design of such installations in the this tender NPCIL shall assume the role of Supplier in accordance with the explanation of term ldquoSupplierrdquo given in Rule 24 of the CLND Rules 2011 and in the context of section 17(a) and (b) of the CLND Act 2010
10
GCC Cl No 10
QUALITY
ASSURANCE
INSPECTION
ACCEPTANCE AND
REJECTIONS
10 PDI clause NOT APPLICABLE
Annexure-F
Declaration Form for GST
The SupplierContractors while submitting their bill to the Paying Authority shall furnish the
following certificates
Certified that
(a) Certified that the goods and services on which GST has been charged are not exempted under
the GST Act or the rules made there under and the amount charged on account of GST on
these goods and services are not more than what is payable under the relevant act or the
rules there under
(b) Certified that we have taken into account all input tax credits available under GST and have
not loaded the same in the basic price while furnishing their bids
(c) Certified that in respect of amount of taxes claimed in the bill no claim is pending for
refundor is admissible for refund from any other agency and or no other tax credit is
available in respect of the same In the event of getting refund in whole or in part of the
element of GST claimed from Government the same shall be passed on the benefit to the
Purchaser by remitting the amount equivalent to the amount of refund obtained
(d) Certified that the GST charged herein the invoices and other details have been will be
populated in GSTR1 of the GSTN portal facilitating input credit to the Purchaser
(e) Certified that we have complied with the Anti-profiteering measure provisions under CGST
SGSTUTGST Acts and passed on commensurate reduction of price to the purchaser
Signature of Contractor or their Authorised Representative with company seal
SECTION-C
TECHNICAL SPECIFICATIONS OF STORES
Tender Reference No - CMMKAIGA1-4 KGS1amp258806
S NO DESCRIPTION QTY UNIT
1 Kirloskar make PLC Component - PCO5 PLUS MEDIUM BOARD CONTROLLER WITHOUT SSR (P+500BAA010M0)
Part no5613750388
200 NOS
2 Kirloskar make PLC Component -TLAN SERIAL CARD PCO100TLNO Part no5613750150
100 NOS
3 Kirloskar make PLC Component -Expansion Model K Smart Controller Part no5613750140
200 NOS
4 Kirloskar make PLC Component -RS 485 MODBUS SUPERVISORY BOARD PART Part no5613750143
100 NOS
5 Kirloskar make PLC Component -Pressure Transducer ndash10 BAR Part no5610350015
200 NOS
6 Kirloskar make PLC Component -Pressure Transducer-ndash44 BAR Part no5610350013
200 NOS
7 Kirloskar make PLC component -PGD TOUCH 13 INCH
(HMI) part no 5613750317
200 NOS
8 Kirloskar make PLC COMPONENT - CONN CABLE FOR K- SMART CONTROLLER Part No 5613750153
200 NOS
SECTION-D
FORMAT FOR SUBMISSION OF BID
FORM NO CMM-44ARev4
TENDER FORM
From
To
Through e - mode
Dear Sir
1 IWe have read the Invitation to Tender and Tendering Conditions and Conditions of Contract as
contained in Section-lsquoBrsquo of the tender documents
2 IWe have thoroughly examined the specification drawing andor pattern quoted or referred to
herein andor fully aware of the nature of the stores required and myour bid is to supply the stores
strictly in accordance with the requirements under this tender as detailed in Section-C of the tender
documents
3 IWe hereby agree to supply the stores strictly adhering to the Conditions of the Contract as
contained in Section-B of the tender documents
4 You will be at liberty to accept any one or more of the items of stores offered by us and IWe shall
be bound to supply you the stores as may be specified in the purchase ordercontract
5 IWe hereby agree to keep the prices and our bid valid for your acceptance for a period of 120 (one
hundred and twenty) days from the due date of this tender
SPTSUPPLY-1
Tender No CMMKAIGA1-4 KGS1amp258806
Last Date amp Time for
Receipt of online-Bid
AS PER NIT
Date amp Time of
Opening of Tender
AS PER NIT
Ms
6 Deviations to technical specifications contained in Section-C of the tender documents are detailed in
Annexure-A to the Tender Form and compliance proposed to Conditions of Contract contained in
Section-B of the tender documents are detailed in Annexure-B to the Tender Form
7 IWe are also enclosing herewith all the leafletscatalogues etc pertaining to the stores offered
8 Details of the stores along with prices and the bid terms are enclosed under schedule to this tender
form
Yours faithfully
Stamp and Signature of the Tenderer
Strike out whichever is not applicable
Encl Deviation to technical specifications-Annexure A
Compliance to Conditions of Contract Annexure B
LeafletsCatalogue
SPTSUPPLY-1
ANNEXURE B
10 Format for submission of Compliance to the Conditions of Contract contained in Section A and
Section-B of the tender
11 The tenderer shall note that any deviation to above mentioned terms and conditions of our tender
may lead to disqualification of their bid
12 The complianceconfirmation to the specific clauses may please be furnished as per the format
below
Sr No Description Bidderrsquos Compliance
Confirmation
I
Acceptance of Clause no 61 of Invitation to Tender and Tendering
Conditions - Validity of offer for 120 days from the date of opening
of tender otherwise the offer may likely to be ignored
II
Acceptance of Clause No 34 of Invitation to Tender and Tendering
Conditions for Purchase Preference as per public procurement
policy for MSEs
III Acceptance of ldquoSecurity Depositrdquo as per Clause No 342 under
GCCSUPPLY-1R-4
IV Acceptance of ldquoSubletting Assignment of Contractrdquo as per Clause
No37 under GCCSUPPLY-1R-4
V Acceptance of ldquoDefect Liabilityrdquo as per Clause No64 under
GCCSUPPLY-1R-4
VI Acceptance of ldquoLiquidated Damagesrdquo as per Clause No62 under
GCCSUPPLY-1R-4
VII
Acceptance of ldquoTerms of Paymentrdquo 100 payment shall be released
within 30 days after receipt inspection amp final acceptance of the materials
at Kaiga Site as per Clause no 17 of SCC
VIII Acceptance of ldquoSettlement of Disputerdquo as per Clause No 14 under
GCCSUPPLY-1R-4
IX Acceptance of ldquoConfidentialityrdquo as per Clause No 110 under
GCCSUPPLY-1R-4
X Compliance to the remaining clauses of GCCSUPPLY-1R-4
XI Compliance to the clauses of SCC
यि लयर पावर काप रशन ऑफ इिडया िलिमटड NUCLEAR POWER CORPORATION OF INDIA LTD
(भारत सरकार का उ म A Government of India Enterprise
