Kanpur Electricity Supply Company Limited Kanpur

KANPUR ELECTRICITY SUPPLY COMPANY LTD

KANPUR

Tender specification No. 12/15-16

SUPPLY OF LT CIRCUIT Due Date of opening 13.05.2015 Extension date 30.05.2015.

Cost of Tender Document (Including VAT): Rs. 570/-

EMD Rs. 25000/-

of 60 KESCo/T-12/15-16 Sl. No…………………………………………………...... Tender No. 12/15-16

Issued to…………………………………………………………………………………….

Date…………………………………

DD No./Cheque No………………………………………………………………………

Issued by (Name)……………………………………………………………………..

Designation……………………………………………………………………………..

Date……………………………………….

Official Seal…………………………..

of 60 KESCo/T-12/15-16 CONTENTS

S. No. Particulars 1. Tender Notice 2. Instruction to Tenderer 3. Pre Qualifying Conditions 4. Technical Specification 5. General condition of Supply form ‘B’. 6. Price Schedule

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of 60 KESCo/T-12/15-16 INSTRUCTIONS TO TENDERERS

1.1 PREPARATIONS OF TENDER

1.1.1. Before submission, of the Tender, the Tenderers are required to make themselves fully conversant with the technical specifications, Drawings, special Instructions to Tenderer, Instruction to Tenderer, General requirement of specification including schedules and General Condition of Contract of Form A/B as may be applicable so that no ambiguity arises at a later date in this respect.

1.1.2. Any inconsistency or ambiguity in the offers made by the tenderer shall be interpreted to the maximum advantage of KESCO and disadvantage to the tenderer. The Tenderer shall have no right to question the interpretation of the purchaser in all such cases and the same shall be binding on the Tenderer.

1.1.3 The tender should be prepared and submitted strictly in accordance with the instruction contained in these specifications. The Tender shall be complete in all respects. Tender be submitted in the manner specified on the attached prescribed schedules and/or copies thereof. To complete the proposal, the tenderer must fill the tender form, declaration, all schedules and data sheets, annexed with the specification item by item in accordance with the instructions and notes supplementary thereto. The tenderer should duly initial the interpolations, insertion, cutting and corrections made in the tender offers.

1.1.4 Each Tenderer shall supply the data required in sheets annexed with the specification by typing at sppropriate places against each item to facilitate preparation of comparative statements. These sheets must be properly signed by authorised representative of the tender/manufacturer testifying the data submitted. All schedules must be duly filled in the shall be enclosed with each copy of the tender. In case the Tenderer does not supply any of the required information at the time of tender, necessary loading may be made while evaluating the prices of his offer without giving him any further opportunity to supply or clarify the same. The Tenderers are notified that in case the required information are not furnished in the specified proforma/schedules attached with the specification, the Purchaser shall not be responsible for any error in the evaluation of their tenderers on this account. Further, the failure to comply with this requirement may result in the rejection of the tender at the discretion of the purchaser. 1.1.5 A set of technical, descriptive and illustrative literature alongwith drawings must accompany each copy of the tender so that a clear understanding of the equipment offered is obtained. The tender sent by post must be posted by registered Post- A/D sufficiently in advance so as to reach the purchaser by the scheduled date and time of submission of tender. Any tender received after the date of submission even on account of postal delay shall not be opened. The tenderers are, therefore, requested to ensure n their own interest that the tenders are delivered in time. `

of 60 KESCo/T-12/15-16 TELEGRAPHIC TENDERS SHALL NOT BE CONSIDERED UNDER ANY CIRCUMSTANCES

1.2 SUBMISSION OF TENDER:

1.2.1 The tenderer shall submit his tender in two separate parts. Each part shall be kept in double cover, inner one being sealed.

(i) TENDER BID PART-I:-

This part shall contain the earnest money, technical and commercial particulars pre-qualifying details of tender, quantity and delivery offered. This cover containing this part of the bid shall be super scribed "Tender Bid Part-I (Earnest money, Technical, Commercial and pre- qualifying details etc.)"

(ii) TENDER BID PART-II:-

This part shall contain prices only and the cover containing this part shall be superscribed " Tender Bid part-II (PRICES BID)."

The envelops of both the parts shall be kept in another envelop which shall also be sealed on superscribed on top, as under: " Tender for supply of ------against specification No. ------due for opening on date------.

1.2.2 TENDER BID PART-I (Earnest Money, validity, Technical & Other terms) 1.2.2.1 Tenderer is required to deposit earnest money as specified Rs...... for full tendered quantity. In case, any tenderer wishes to quote for lesser quantity, the amount of earnest money shall be accepted in any of the following forms only.

(a) Bank Draft drawn in favour of the officer specified in tender notice. OR (b) Bank Guarantee from a scheduled Bank in India, executed on a non-judicial stamp paper worth Rs. 100/- as per U.P. Stamp Act, on the specified proforma appended with form 'B' (only applicable when amount of earnest money exceeds Rs. 5,000/-) The validity of the Bank guarantee would not be less than 270 days from the date of tender opening plus claim period of 6 months. Any deviation or addition/deletion from the text of the specified proforma of a Bank Guarantee/inadequate value of stamp paper shall render the Bank guarantee invalid for the purpose of opening of tender Bid Part-II. 1.2.2.2 Offers without proper earnest money and/or latter confirming the validity for 180 days shall not be considered under any circumstances. The earnest money shall be refunded after, award is finalised. The earnest money of successful tenderer shall however be retained till such time he deposits security. 1.22.3 Beside Earnest Money & validity offer, this Bid shall also contain all technical, Commercial and other terms and conditions. The documents duty filled in, must also accompany the Tender Bid Part-I. Page 10 of 60 KESCo/T-12/15-16 1. Schedule A: Tender Form

2. Schedule B: Documents regarding pre-qualifying details of thetenderer.

3. Schedule C: Declaration.

4. Schedule E: General Particular.

5. Schedule F: List of drawings/literature enclosed with the tender.

6. Schedule G: Schedule of deviations from "Technical Specification".

7. Schedule H: Schedule of deviations from " Instructions to Tenderer."

8. Schedule I: Schedule of deviations from " General requirement of Specifications.

9. Schedule J: Schedule of deviations from "General conditions of Contract." Form A.

10. Schedule K: Schedule of quoted work completion schedule. 11. Schedule M: Statement giving details of Proprietorship /partnership of tendering firm. 12. Schedule P1: Schedule of quantities of deviations from Technical specification.

13. Schedule P2; Financial incidence of deviations from technical specification.

14. Schedule Q: Schedule of quantities and price for spare parts .

15. Complete technical details, specification and literature of the equipment offered.

16. Income Tax Clearance. Note- No price is to be indicated in any form in any of the above schedules for any item in Tender-Bid Part-I whatsoever.

1.2.3 TENDER BID PART-II (PRICES)

The following documents, duly filled in, must be submitted in Part-II Bid: Part-II. Page 11 of 60 KESCo/T-12/15-16 1.Schedule P1 : Schedule of quantities and prices for supply, freight, insurance, erection, testing & commissioning. 2.Schedule P2 : Financial incidence of Technical deviations if any. 3.Schedule Q : Schedule of quantity and prices.

1.2.4 On the date of tender opening at appointed time, part-I of the tender shall be opened publicly in the presence of authorized representatives of the bidders. The date and time of opening of tender part-II shall be intimated separately later on.

1.2.5 Any action on the part of the tenderers to revise the prices and /or change the structure of price(s) at his own instance after the opening of the tender may result in rejection of the tender and/or debarring the tenderer for participation in purchase by the Corporation for one year in first instance.

1.3 VALIDITY:

The tenders shall be valid for a period of six (6) calendar months from the date of opening of the tender or any extended date of opening. Tenders with lesser validity are liable to be rejected.

1.4 PRICES $ PRICE STRUCTURE:

1.4.1 The bidder shall quote VARIABLE prices without ceiling limit on either side as per schedule. The equipment shall be installed at different places in KANPUR. Hence the tenderer must quote unit F.O.R destination price of all the items ( along with ex work prices ) for dispatch to any railway station in UP. The unit FOR prices shall comprises following components. A) Ex work Prices B) Packing, Forwarding, freight and insurance charges against all risk including insurance charges for 30 days storage after receipt of equipments at destination store/ substation against all risks. The tenderer must clearly specify these components individually besides the FOR destination prices.

1.4.2 TAXES & DUTIES:

The prices quoted should be exclusive of all taxes, duties octroi charges etc which will be paid at actuals on production of relevant original vouchers. Excise Duty will be leviable on Ex-works prices only. However , the tenderer must indicate the rate of various taxes/duties leviable as on the date of tender opening . Form C/D will be obtained by the contractor from the concerned consignees. In no case, Form C/D will be demanded through Bank. 1.4.3.1 The price variation shall be allowed on Ex-Works prices only for the contractual delivery period. 1.4.3.2 The component of packing and forwarding, freight and insurance charges shall remain firm in all respects through the currency of the contract.

of 60 KESCo/T-12/15-16 1.4.3.3 Tenderer shall quote FIRM prices only for the spare parts, service charges for erection and Commissioning of the equipment.

1.4.3.4 No price variation shall be claimed against document to be negotiated through bank.

1.4.3.5 Bank charges, if any for documents to be negotiated through bank, shall be borne by the tenderer.

1.4.5.6 In the event of despatch of equipment beyond contractual delivery period, the claims shall be raised only after allowing for the due price reduction as per provisi ons of order.

1.5 EVALUATION OF TENDER:

1.5.1 In comparing tenders and making awards, the purchaser may consider such factors as, compliance with specifications, relative quality and adaptability of suppliers or services, experiences, record of integrity in dealing, ability to furnish repairs and maintenance service, the time of delivery, capability to perform, and available facilities such as adequate shops, equipment plant, technical organization etc.

1.5.1 In case prices of some items are given in lumpsum where unit prices are required, purchaser reserves the right to evaluate unit prices on the basis of the quoted lumpsum prices.

1.5.2 In case, where a tenderer does not quote F.O.R. destination price asked for, their quoted unit prices shall be loaded by appropriate additional factors on ex-works prices as below.

(a) Packing charges @ 0.75% (b) Forwarding charges @ 0.25% (c) Freight for 1st 500 Kms. @ 2 % (d) Freight for every next 250 Km. or part thereof @ 0.5 % thereof.

( For this purpose distance shall be taken from supplier’s station to Lucknow and i n case, the distance is less than 500 Km. loading shall be done for a minimum dist ance of 500 Km. ) (e) Transit Insurance @ 0.5% Page 13 of 60 KESCo/T-12/15-16 (f) Insurance for 45 days storage after receipt of equipment at Destination station @ 0.5 % 1.5.3 Since the Tenderers have been asked to quote unit variable ( ex-works ) prices onl y without any ceiling limit on either side, no advantage shall be given to those Te nderers who quote either “FIRM” price or “ VARIABLE PRICES WITH CEILIN G”

1.5.4 No payment prior to despatch of materials shall be made by the corporation under any circumstances. Tenderers are advised not to ask any such advance payment. Request for such advance payment will not be considered even if the tenderers are willing to pay interest changes there on. Tenderers asking for advance payment are liable to be rejected.

1.5.5 The ruling date of basic prices of raw materials for the price variation purposes shall be same for all the offers ( as specified in Clause No. 1.5.3.1 of these instruction). In case, it is prior to the notified date, the quoted ex-works prices shall be brought as per IEEMA formula. However, no loading shall be considered for dates mentioned beyond notified date.

1.5.6 Any rebate/discount linked with quantity terms of payments in any condition shall not be considered for the purpose of evaluation and comparison of such offers vis- a-vis others. However, the same may be availed while placing order with such successful Tenderers.

1.5.7 If the tenderer fails to quote prices for any of the item (s)/component(s) as asked for or confirm its supply free of cost, the highest prices as quoted by other tenderer for the same shall be added to arrive at F.O.R destination computed prices of such tenderer for comparison purpose only.

1.5.8 The prices shall be compared inclusive of excise duty & Sales Tax/Trade Tax.

1.5.9 Loading on any account as may be deemed necessary in the opinion of the purchaser to bring the various offers at par to each other for comparison purposes, may be done at the discretion of the purchaser.

1.6 SPLITTING OF ORDER:

1.6.1 The purchaser reserves the right to split the order among various tenderers in any manner be chooses without assigning any reason.

1.7 AWARD OF CONTRACT: Page 14 of 60 KESCo/T-12/15-16 1.7.1 The purchaser is not bound to accept the lowest or any tender and may reject any or all the tenders, without assigning any reason. 1.7.2 The successful tenderers, if required to do so, may have to enter into a contract agreement with the purchaser as per General conditions of form A/B and other special conditions attached with the tender specifications.

1.7.3 For signing the contract a duly authorised representative of the successful Tenderer shall be required to sign and accept the contract at Lucknow at a reasonable notice.

1.7.4 Tenderers shall ensure to put initials on each and every page of the tender. Last page of each document forming part of the tender shall bear full signature under official seal fully disclosing the name, designation and relationship with the firm of the signatory. In case of a partnership concern the tender may be signed by all the partners of the firm or by one of them holding power of attorney ( copy to be furnished alongwith the offer). In case of Corporation/Companies, tender may be signed either by the President or Secretary or any other person authorised to be e tender in the legal name of corporation/company (copy of such authority to be furnished alongwith the offer).

Besides, the tenderers shall also furnish the following information:

(i)Name designation, profession with postal addresses of all the partners/directors and other persons authorised to conduct business in respect of this tender. (ii)Postal addresses of firm’s works, Regd. Head office, Sales Office & Local office etc, (iii)Names and postal address of their authorised local representative /Liaison officers.

1.8 INCOME TAX AND SALES TAX CLEARANCE CERTIFICATE

The Tenderer shall furnish with the tender, Income Tax and Sales Tax Clearance Certificate of current, as well as of the preceding year, from the competent authori ty. Alternatively, the tenderer shall give valid reasons, for his inability such a certi ficate. The Purchaser reserves the right to reject any tender, if income tax/sales ta x clearance certificates are not furnished or the reasons for the tenderer’s inability to furnish such certificates are, not given in the tender.

1.9 DEVIATIONS : The offer should be strictly in line with conditions, specification and other require ments mentioned in this tender specification document . No deviations are permitt ed except under special circumstances should the tenderer wish to depart from the General requirements or Technical Specification or General Conditions of contrac t Form A/B . In any way he must draw specification to such departure(s) . All suc Page 15 of 60 KESCo/T-12/15-16 h deviations shall specifically recorded in these schedules and submitted along wit h the tender document it will be presumed that there are no deviations and this int erpretation will be binding upon the Tenderer. Purchaser is, however, not bound to accept all or any deviations as mentioned in s uch schedules . Tenderers are also advised not to enclose their own standard or pri nted conditions for sale etc, as the same shall not be considered.

1.10 CANVASSING

No Tenderer shall canvass any Corporation’s Official or the Engineer with respect to his own other’s tender. Contravention of this condition will result in rejection of the tender. This clause shall not be deemed to prevent the tenderer form supplying to the Engineer any further information/clarification asked for by the Engineer.

1.11 COURT OF COMPETENT JURISDICTION: All disputes arising out of and touching or relating to the subject matter of agreement shall be subject to the jurisdiction of Local Courts of Lucknow and High Court of Judicature at Allahabad only.

1.11.1 Arbitration Clause 31 of Form ‘ B’

The following is deemed to be added at the end of the Para 1 in the Arbitration clause 31 of Form ‘B’ “ In the case of refusal/neglect by such nominee. MD KESCO may nominate another person in his place “ 1.12 SPECIAL NOTE:

1. No modification in price reduction clause No. 27 of contract From-B, shall be accepted i.e. broadly a price reduction of ½ % per week subject to a maximum of 10% shall be applicable .

2. The payments beyond scheduled delivery period will be after reduction of the price considering the provisions of price reduction clause depending on the delay. It would be possible to consider offers only if both the above conditions are acceptable.

II General Requirement of Specifications:-

1.12.1 Scope :

1.12.2 This specification covers design, manufacture, performance, testing, inspection, packing and delivery of equipments with accessories and auxiliary equipment required for various Substations in U.P. The items and quantities required mentioned in Technical Specification.

of 60 KESCo/T-12/15-16 1.12.3 Equipments shall be offered complete with all parts are necessary of usual for their efficient operation, Such parts shall be deemed to be within Contractor’s scope whether specifically mentioned or not . Equipments in all respects shall incorporate the highest quality of modern engineering design and workmanship.

1.12.4 The General Conditions of Contract Form “ A/B” copies of which are attached hereto, form an integral part of this specification . The contractor shall supply all material and perform all work in strict accordance therewith. In the event of conflict between General Conditions of Contract From “ A/B” and this Specification, the later shall prevail. 1.12.5 The General requirement of specifications comprise of this chapter and detailed technical specifications. These are supplementary to each

other and essential for complete interpretation of the Purchaser’s requirement.

1.13 STANDARDS :

1.13.1 Except as modified by this tenderer specification, all material and equipment shall conform to the requirement of the latest editions of relevant ISS/IEC.

1.13.2 However, in the event of the tenderer offering equipment conforming to standards other than ISS/IES the salient point of comparison between the standards adopted and relevant ISS/IES standards shall be indicated clearly in the proposal.

1.13.3 Should the tenderer wish to depart from the provisions of the specifications, either on account of manufacturing practices or for any other reason, he shall clearly mention the departure and submit complete justifications supported by information, drawings etc. as will enable to assess the suitability of equipments (s) offered.

In the event of the tenderer’s specifications drawings forms and tables etc. being found to disagree with the requirement of this specification at any stage, these specification shall be binding, unless the departures have been duly approved in writing by the purchaser.

1.14 Project Data: (i) Location, Various Sub-Stations in Uttar Pradesh. (ii) Altitude not exceeding 1000 Meters (iii) Climatie condition :

(a) Design maximum ambient Air Temperature 50oC (b) Minimum ambient air temperature in shade 0oC (c) Relative Humidity 100%Max. 10% Min. (d) Wind load 195 kg./Sq.m (e) Seismic Level 0.3 g

of 60 KESCo/T-12/15-16 (f) Isoceraunic Level 50 days/ year (g) Average annual rainfall 1200 mm (h) Hot and humid tropical climate conductive to rust and fungus growth. 1.15 SYSTEM PARTICULARS: (i) Rated system voltages 220 V + 10 % (ii) System frequency 50Hz, This may vary by + 5 % (iii) Number of phases Three

The above supply voltage will vary as follows :

All devices must be suitable for continuous operation over the entire range of volt age variations :

(i) AC Voltage Voltage may vary by + 10%, Frequency by + 5% and Combined Voltage and frequency by + 10%

Each of the forgoing supplies will be made available by purchaser at one terminal point for each equipment for operation of accessory and auxiliary equipment. 1.16 DRAWINGS AND MANUALS :

Alongwith the tender the tenderers shall submit the following drawings: (a) General arrangement drawings of the equipment offered. (b) Detailed dimensioned drawings and descriptive literature of all the component s supplied. 1.17 INSPECTION : 1.17.1 The purchaser reserves the right to inspect any machinery and materials to enuse t hat approved Q.A.P. is being strictly implemented by the Contractor or his Sub C ontractor/ Supplier under this contract, and to reject any item found defective in w orkmanship or design, or otherwise unsuitable for the use and purpose intended or which is not in accordance with the intent of this contract. The Contractor should, on demand by the purchaser may, at the contractor’s expense , rectify or replace s uch defective or unsuitable equipment, whether before or after supply.

1.17.2 The contractor shall advise the purchaser atleast 4 weeks in advance as to when th e equipment will be ready for stage/final inspection at the contractor’s work or at his Sub-contractor’s works.

1.17.3 No equipment to be furnished or used in connection with this contract shall be des patched until factory inspection and acceptance tests is carried out satisfactorily. Such factory inspection of the equipment or approval of acceptance tests shall not however, relieve the contractor from full responsibility for supplying equipments conforming to the requirements of this contract, not prejudice any claim, right or privilege which the purchaser may have because of the use of defective or unsatisf actory equipment should purchaser waive the right to inspect any equipment, such waiver shall not relieve the contractor any way from obligation under this contract.

of 60 KESCo/T-12/15-16 1.17.4 The Tenderer is required to record the following certificates on the invoices and c hallans of each and every consignment:

“ Certified that material being dispatched against the above invoice and challan ha s been inspected and tested by the representative of Engineer of the contract on ( d ate ) and all the test results were satisfactory, as per approved test certificates encl osed. “ or Certified that inspection of material being despatched against the above invoice a nd challan has been waived off by AGM (Store Purchase Officer) ( Engineer of Contract vide letter No...... Dt...... )” ( Copy enclosed ) and all the acceptance and Routine tests as per relevant standard s and those provided in Contract, have been conducted and all the test results were found satisfactory as per test certificates enclosed. “

1.18 SPARE PARTS: Tenderer shall recommend a set of spare parts required for normal maintenance of equipment offered for a period of five years. 1.19 PACKING & DESPATCH OF EQUIPMENT: All equipment /material shall be suitably packed for transport ,carriage at site and outdoor storage during transit. The Contractor shall be responsible for any damages to the equipment during transit due to improper and inadequate packing .The cases containing fragile ,or material easily prone to damage ,shall be very carefully packed and marked with appropriate caution symbol i.e.”FRAGILE HANDLE WITH CARE : USE NO HOOK etc. The contents of each package shall bear marking that can be readily identified from the packing list.Packing shall provide complete protection from moisture ,termites add mechanical shocks etc.Whereever necessary proper arrangements for attaching slings for lifting shall be provided. All packages shall be clearly marked with gross weight,signs showing “UP”&”DOWN” sides for boxes ,contents of each package, order No. and date and unpacking instructions considered necessary. Any material found short inside the packing cases shall be supplied by the contractor without any extra cost. Tenderer shall as certain prior to shipment ,from certain authorities ,the transport limitations,like weight and maximum allowable package size of transportation.All packing cases and packing material shall become the property of the purchaser. 1.19.1 The equipment /material shall be dispatched to the respective substation.The detai led dispatch instructions will be intimated to the successful tenderer.The contracto r shall intimate ,atleast ten days in advance, to the consignee(,). As well as to the Engineer,the probable date when the equipment are to be ready for dispatch. A tel egraphic intimation shall also be given to the consignee(s) immediately after the d ispatch of equipment mentioning the specification number and approximate weigh t of each package to enablehim to take the delivery and unload the material in cas e the dispatch documents are not received by him in time.

of 60 KESCo/T-12/15-16 1.19.2 Alist in duplicate ,containing details of equipment for varification at site shall also be placed inside each package and shall correspond with the advice note and approved bill of materials.

1.19.3 Bill(s) duly pre receipted in triplicate in accordance with approved terms of payment and togetherwith all necessary dispatch documents , shall be sent to consignee(s) under registered cover with intimation to Engineer of the contract . 1.19.4 Any demurrage/wharfage or other charge payable due to non implemention of any of the above instructions shall be to contractor’s account.

1.20 REJECTION: 1.20.1 Purchaser reserves the right to reject any equipment if during the tests at works or site,the test value achieved do not comply with the respective standard /specifications and exceeds the tolerable limits. 1.20.2 Contractor shall replace a rejected equipment with a new quipment complying with the guaranteed value as promptly as possible and at no extra cost to the purchaser .Purchaser reserves the right to retain any rejected equipment and take service until the contractor supplies the new equipment. 1.20.3 Rejection of any equipment will not be held as a valid reason for delay in timely completion of the work.

1.21 MODE OF DESPATCH

1.21.1 The equipment are to be dispatched from contractor’s works to any destination in U.P. as per the dispatch instructions given by the Engineer(consignees). 1.22 INSURANCE: 1.22.1 The contractor shall arrasnge ,secure or maintain insurance as may be necessaryto protect his own interests and the interests of the corporation against all risks .The risks that are to be covered under the insurance shall include ,but not be limited to,the loss or damage in transit, theft ,pilferage /riot ,civil commotion,weather conditions ,accident,or all kinds of fire ,war risks during ocean transportation only. 1.22.2 Insurance is to be taken FOR destinationvalue of the equipment for transit from the manufacturer’s warehouse to the Purchaser’s warehouse plus 45 days storage thereafter. 1.22.3 All damages and shortages of the equipment after its delivery to destination railway station and transportation to stores and storage thereafter shall be notified by the consignee by registeredpost to contractor or his authorized representative ,within 30 days for making good the damage or loss by way of replacement of the equipment damaged or lost. 1.22.4 The contractor shall take up the matter with insurance company for finalisation of claims and purchaser shall provide required information .All insurance company for finalisation of claims and Purchaser shall provide required information .All further action in connection with making and setting of claims , if any ,will be carried out by the contractor for which no extra payment will be made.

The contractor shall be responsible to make good the damage or loss by way of repairs and/or replacement of equipment free of cost irrespective of the fact Page 20 of 60 KESCo/T-12/15-16 wheather claim is accepted by the Insurance Co. or not ,without waiting for claims settlement . 1.22.5 The scope of such insurance shall cover the entire value of the contract from time to time .

1.23 TERMS OF PAYMENT: 1.23.1 The terms of payment shall be as per Clause 21 of form b/clause 25 of form B.In case of delay in delivery , the Tenderer shall raise invoices after allowing price reduction due to late delivery as detailed in clause 27 of form b/ clause 32 of form A.In case drawings and manuals are not submitted as per clause 2.6.5 and 2.6.6 a further deduction of 25 shall also be made. 1.23.2 For equipment to be dispatched by Road transport the payment will be made after the recipt of goods at site. 1.23.3 Tenderers may note that terms of payment through letter of credits is not acceptable. 1.24 FOREIGN EXCHANGE : Tenderers offering equipment without involving any foreign exchange commitment on the part of Purchaser will be considered. 1.25 DELIVERY: 1.25.1 The quoted delivery period shall be counted from the date of issue of letter of intent or detailed order as the case may be 1.25.2 Date of despatch documents (R/R) shall be treated as the date of delivery . In case of despatch by road transport the date of receipt of goods at site/KESCO store shall be treated as date of delivery. 1.25.3 Delivery should be quoted specifically and explicitly and should be guaranteed Under price reduction clause of form A/B. 1.25.4 The delivery should be effected in serviceable lot/setsof equipment.In case of Part despatch, the delivery shall be deemed to have been effected when last component/part of the equipments of serviceable lot/set has been delivered.

1.26 DEVIATION FROM SPECIFICATION: 1.26.1 This specification is mainly for guidance of the tenderer/ manufacturer. These requirement of necessity include some specific element of construction and materials, but are not intended to preclude genuinely or design or improvement. If the tenderer process any deviations from this specification these will be considered ,provided they are necessary either to improve the utility ,performance efficiency or to secure overall economy. This will be clearly and explicitly explained in the tender. Such deviations shall also be brought out clause by clause In the prescribed schedule. 1.27 PERFORMANCE GUARANTEE: 1.27.1 The tenderer shall have to deposit a performance bank guarantee amounting Of 10% of the contract value, valid for 12 months from actual date of commissioning of equipment or 18 months from the date of receipt of equipment at site,as guarantee towards the actual and faithful performance of the equipment being supplied under this specification. 1.28 QUANTITY

of 60 KESCo/T-12/15-16 1.28.1 The quantity mentioned in this specification are subject to increaseor decrease as Per actual requirement of the purchaser at the unit prices mentioned in price schedule. This increase or decrease shall not be more than 50%. 1.29 PENAL CHARGES The inspection call shall be given only when the equipment has actually become Ready, in all respects .A period of 4 weeks (within U.P.)/6 weeks (beyond U.P.) Shall be allowed to Kesco for making travel arrangements of inspecting officers to reach the works .In case , the equipment is not available for inspection at the time of arrival of inspecting officers,the tenderers shall pay arrival (both days inclusive) of the officer concerned. Rs. 1000/-(Rupees One Thousand )per day from the date of departure to the date of.

of 60 KESCo/T-12/15-16 SCHEDULE ‘A’ Part -I TENDER FORM

To, The Executive Engineer(P) Kesco Headquarter, Kesa House, 14/71 Civil Lines, Kanpur.

Sir, With reference to your invitation to tender for the above I/We hereby offer to the Uttar Pr adesh Power Corporation Ltd. Items in the schedule of prices and delivery annexed or such porti on thereof as you determine in strict accordance with the annexed conditions of contract Form ‘B’/’A’ specifications and schedule of Rates to the satisfaction of the purchaser or in default ther eof to forfelt and pay to the Uttar Pradesh Power Corporation Ltd. The sum of money mentioned in the said conditions.

A sum of Rs.------in the form of ------in f avors of the Kanpur Electricity Supply Company KESCo, Kanpur is enclosed with Part-1 of the offer as earnest money.

I/We hereby undertake and agree to execute a contract in accordance with the conditions of the contract.

Encl: As above

Date------Day of------200------

Your Faithfully

Witness:

(Name & Signature ) (Signature of the tenderer in full)

Address: Name

Occupation Seal

of 60 KESCo/T-12/15-16 SCHEDULE “B” Part -I

PRE QUALIFICATION DETAILS OF THE OFFER

1. Name of Applicant / Company / Firm . 2. Brief description of the bidder. (Individual Firm/Joint venture/ Private Limited Company/ Consortium) may be specified. 3. Details of registration with appropriate authorities (enclose the copies) 4. Address & phone No. (A) Register Office (B) Head Office

5. Experience of execution of contracts. Sl. Complete postal address Description of job Period of Amount No. including designation of executed completion Authority placing order, Copy of order and Satisfactory execution Certificate may also be Enclosed.

Note: performances certificate may also be enclosed. 6.(A) Total amount of the bidder during last three years per balance sheet:

Years Turnover (Amount in corers) (1) (2) (3)

(B) In case bidder is a consortium of firms, turnover of its lead manager may be detailed separated year wise. All the members of consortium shall have to fill above particulars, separately.

Full Signature: Name: Designation: Seal of the Company Date:

of 60 KESCo/T-12/15-16 SCHEDULE”C” PART-1 DECLARATION (To be executed as a non judicial stamp paper of Rs. 10/-with a revenue stamp of Rs 1/- price affi xed)

Tender invited by The Executive Engineer (P) Kesco Headquarter, Kesa House, 14/71 Civil Lines, Kanpur.

Tender for ------Name of tenderer ------Specification No. and date of opening ------

IN CONSIDERATION of the KESCo having treated the Tenderer to be an eligible person whose tender may be considered, the Tenderer hereby agree to the condition that the proposal in response to the above invitation shall not be withdrawn with in six months (or any extension thereof) from the date of opening of the tender , also to the condition that if there after the Tenderer does withdraw his proposal within the said period , the Earnest Money deposited by him may be forfeited to the KESCo and at the discretion of the Purchaser, the purchaser may be debar the tenderer from tendering for a minimum period of one year reckoned from the date of opening of the tender.

Signed this------Day of ------200 ------Place------Signed by------…………………………………………..State title (whether Proprietor/Partner/Consortium)

Witness Name of the firm Address of the firm Signature Seal of the firm

of 60 KESCo/T-12/15-16 SCHEDULE "E" Part -I

SCHEDULE OF GENERAL PARTICULARS

1. Name of the Tenderer : (a) Head Office address : (b) Registered Office address (c) Postal address of the tenderer : (c) Telegraphic address : 2. Name and address of local representative and his telephone number, if any : 3. Works (a) Location and address of works : (b) Total Space occupled in sq. meters (approximate with in 5%) : (c) Constructed area in sq. meters (approximate with in 5%) : 4. Name and address of local representative and his telephone number 5. Name and address of the officer of the Tenderer / Manufacturer to whom all reference shall be made for expeditious coordination. 6. Whether the tender is sole proprietor/ partnership concern Private Ltd. Company/ Public Under taking/ joint venture consortium. (In case of joint venture consortium, give complete information Name & address in respect of each Partner/Directors of consortium members. )

7. Name of foreign collaborator, if any

8. Whether the designs are their own or obtained from other sources. If from other sources . If from other sources the same may be indicated.

9. The Name, designation, qualification and experience of the engineer employed by the tenderer in design, development and manufacturing of the quoted equipment.

10. Authorised capital of the company. Page 26 of 60 KESCo/T-12/15-16 11. Total annual turnover of the firm during last five financial years

12. Actual production per year of the equipment quoted. During last five financial years giving quantity and bill value rounded off two decimal place of Rs. Lacs excluding Central Excise.

13. Manufacturing capacity per month of the quoted equipment ( item wise)

14. State the name and designation of your relative (s) if any working in KESCo.

15. Ten percent (10%) Performance Security in terms of requirement of specification is to be deposited within 30 days of placement of Order. Whether or not willing to deposit . If no state reasons.

16. Whether certificates for satisfactory performance of offered equipment enclosed, if yes ,give the quantity to which it refers.

17 Whether quoted ex- works price are firm Yes/No 18 Whether ex- works prices quoted or not. Yes/No

19 Whether packing, forwarding fright & insurance Cover (for transit plus 30 days storage thereafter) has been quoted beside ex-works prices (All these charges are to be clubed) Yes/No

20. Whether the erection , testing& commissioning prices are quoted or Not Yes/No 21. Terms of payment as mentioned in relevant clause are acceptable or not

of 60 KESCo/T-12/15-16 Yes/No 22 Give Sales tax/ Trade tax registration no. (Enclose last clearance certificate )

23. (1) Central (2) State 23. Income tax clearance certificate of current and the preceding tear enclosed or not Yes/No

24. Have you ever been declared bankrupt? If yes please give details Yes/No

25. Whether the tenderer is aggreable to execute the contract in case the deviations stipulated by him are not acceptable to the purchase . Yes/No

26. Give two reference (Name, Designation and complete postal Yes/No address) who can rectify Tenderer’s financial status and capacity to undertake such works. One of the reference should be from any scheduled nationalised bank in India.

27. Have you offered and discount and if so, than but is the rebate / discount in rupees.

Note : Bidder shall have demonstrate his offered system within week of intimation by purchaser.

of 60 KESCo/T-12/15-16 SCHEDULE “F”

Part -I

LIST OF DRAWINGS & LITERATURE ENCLOSED WITH THE TENDER

Sl. No. Drawing / Literature No. Title

of 60 KESCo/T-12/15-16 SCHEDULE 'G

Part -I

DEVIATIONS FROM “TECHNICAL SPECIFICATION" All deviations from the "Technical Specification” shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviation are not specifically mentioned in this schedule . In case there are no deviation(s) the “NIL” information should be furnished ‘ In case tenderer is required to accept the standard clause , he should indicate the amount in tender bid part-II schedule P2 by which the tender price will there by increase/ decrease .

Sl. No. Page No. Clause NO. and Stipulation Deviation in KESCo Specification

The Tenderer hereby certifies that the above mentioned are the only deviations from the “Technical Specification”.

of 60 KESCo/T-12/15-16 SCHEDULE “H”

Part -I

DEVIATIONS FROM “ INSTURCTIONS TO TENDERERS

All deviations from the "Technical Specification” shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviation are not specifically mentioned in this schedule . In case there are no deviation(s) the “NIL” information should be furnished ‘ In case tenderer is required to accept the standard clause , he should indicate the amount in tender bid part-II schedule P2 by which the tender price will there by increase/ decrease .

The Tenderer hereby certifies that the above mentioned are the only deviations from the “Instructions to Tenderers”.

of 60 KESCo/T-12/15-16 SCHEDULE “I” Part-I

DEVIATIONS FROM GENERAL REQUIREMENTS OF SPECIFICATION

All deviations from the "Technical Specification” shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviation are not specifically mentioned in this schedule . In case there are no deviation(s) the “NIL” information should be furnished ‘ In case tenderer is required to accept the standard clause , he should indicate the amount in tender bid part-II schedule P2 by which the tender price will there by increase/ decrease .

The Tenderer hereby certifies that the above mentioned are the only deviations from the “General requirements of specification”.

of 60 KESCo/T-12/15-16 SCHEDULE “J” Part-I

DEVIATIONS FROM GENERAL CONDITIONS OF CONTRACT FORM B” All deviations from the "Technical Specification” shall be filled in clause by clause, in this schedule. Compliance with the specifications will be taken as granted if the deviation are not specifically mentioned in this schedule . In case there are no deviation(s) the “NIL” information should be furnished ‘ In case tenderer is required to accept the standard clause , he should indicate the amount in tender bid part-II schedule P2 by which the tender price will there by increase/ decrease

The Tenderer hereby certifies that the above mentioned are the only deviations from the “General Conditions of Contract Form A/B”.

of 60 KESCo/T-12/15-16 SCHEDULE “K” Part I WORK COPLETION SCHEDULE The following is work completion schedule which shall be followed in completion of the work covered under the above package. The periods in indicated in, from the date of insurance of notification of Award of Contract.

Sl.No. Activity Completion period in months 1. Completion of detailed engineering 2. Manufacturing of equipment / materials. (a) Commencement (b) Completion 3. Shipments (a) Commencement (b) completion 4. Establishment of site office 5. Erection (a) Commencement (b) completion 6. Testing & Pre-commissioning (a) Commencement (b) completion 7. Commissioning 8. Total time period required to complete the whole work from the date of award of contract. Note: Completion period of parallel activities should be clearly indicated.

SCHEDULE “M” Part I STATEMENT GIVING DETAILS OF PROPRIETOR/ PARTNERS/ DIRCTORS/ Page 34 of 60 KESCo/T-12/15-16 EXCUTIVES/ PRSSIDENT/ SCRETARY OF TENDERING FIRM The Executive Engineer (P) Kesco Headquarter, Kesa House, 14/71Civil Lines, Kanpur.

Sl.No. Full Name Designation Full address Telephone Full Relationship permanent No. specimen with firm’s official Signature Proprietor address 1. FOR PERSONS SIGNING TENDERS 1. 2. 3.

2. PROPRIETOR 1. 2. 3.

3. PARTNERS 1. 2. 3.

4. DIRECTORS 1. 2. 3.

5. EXECUTIVES 1. 2. 3.

6. PRESIDENT/SECRETARY (AS THE CASE MAY BE) 1. 2. 3. Note: (1) Above details of consortium firms may be specified separately. (2) In each the person who has signed the tender document must enclosed the attested photocopy of power of attomey for singing the tender (To be marked as Schedule-M) Full Signature: Name: Designation: Seal of the Company Date:

SCHEDULE ‘Q’ Part II

of 60 KESCo/T-12/15-16 SCHEDULE OF QUANTITIES AND PRICES FOR SPARE PARTS RQUIRED BY THE PURCHASER

Sl.No. item Unit quoted price Total unit Present rates of in rs. Price (Rs.) duties & taxes

Ex-works packing Excise Sales Forwarding Duty % Tax % Freight and Transit cum 30 days Storage Insurance

1 2 3 4 5 6 7

NOTE: The quoted prices of spare parts shall be “FIRM” in all respect. Seal of the Company Full Signature: Name: Designation: Date:

SCHEDULE P-2 PART-II SCHEDULE OF PRICE INCREASE/ DCREASE DUE TO DEVIATION FROM SPECIFICATION Page 36 of 60 KESCo/T-12/15-16 Sl.No. ITEM Unit price in Rs. Total price in Rs.

1. Price effect due to deviations mentioned in SHEDULE ‘G’ 2. Price effect due to deviations mentioned in SHEDULE ‘H’ 3. Price effect due to deviations mentioned in SHEDULE ‘I’ 4. Price effect due to deviations mentioned in SHEDULE ‘J’

Seal of Company Full Signature Name: Designation: Date:

PRE QUALIFICATIONS

The bidder shall have to necessarily meet the following prequalifying conditions: 1. The Tenderers shall be manufactures/authorized representative/reputed supplier of Page 37 of 60 KESCo/T-12/15-16 the items offered. 2. The bidder should have a minimum turnover of Rupees 50.00 Lacs in each year for last three financial years. 3. The tenderer should have past experience of supply of Tailless unit/LT circuit to KESCo/UPPCL/DISCOMs. & Other Govt. Dep.

TECHNICAL SPECIFICATIONS FOR TAILLESS UNIT WITHOUT GRIP (L.T.A.C THREE PHASE FOUR WIRE WITH NEUTRIAL FUSE UNITS WHITHOUT FUSE CARREERS BUT PVC INSULATED FLY NUTS SUITABLE FOR VERTICAL MOUNTING ON POLE AND IN PILLER BOX. Scope- These specifications cover design, manufacturing and supply of 500 Volts, 500amp/ Page 38 of 60 KESCo/T-12/15-16 Tailless UNIT L.T. Circuit Vertically Mounting on pole and or L.T. Piller Boxes. Technical Specifications L.T. A.C. Three phase with neutral Fuse units without fuse carriers, But PVC Insulated Fly nuts for Termination of fuse wire circuit ways with vertically mounting. 1. Fuse units shall have one side entry to terminate the Bus bar/In-Coming cable and other back entry for termination of out going cable. 2. Side Entry shall be on connection plate mounted on connection PVC sheet metal channel and back entry shall be according to conventions. INCOMING & OUTGONG Units/CIRCUITS TERMINALS”

1. The terminals (rod, nuts and plates) when their connections are required, shall have substantial mechanical construction and provide adequate electrical contact for the appropriate size for cable of appropriate current ratings. The use of aluminium conductor should be taken into the cable connector (Bolt Type) and the terminals should be capable of receiving the appropriate size of aluminium conductors. 2. The terminal connection shall be such that the conductor may be connected by means of screw or other equivalent means as per drawing so as to ensure necessary contact pressure maintained permanently. Cable receiving terminals should be so mounted that the appropriate cable may be connected with the cable without impairing the normal performance of the unit. 3. The arrangement shall be such that no contact pressure is transmitted through insulating material and the gripping of the conductor shall take place between metal faces. It shall be safely connected or disconnected to the terminals at the live circuits and it shall be possible to replace the fuse bases and carriers. 4. Any Part whether used for carrying service current or not but capable for conducting current will be known as ‘CONDUCTING PART” 5. The distance between two conducting part along a string stretched, the shortest way between these conducting parts is called “CLEARANCE”. 6. The shortest distance between the two conducting parts along the surface of the insulating material or along the joint of two insulating bodies is called ‘CREEPAGE DISTANCE”

ROUTINE TEST:- (A) Temperature Rise Test

The fuse unit shall be tested for the temperature rise in accordance with provisions of surroundings free from external draught and shall be mounted and wired as intended to be normally used in service. If an alternating current supply in used for the test, the frequency shall be between 40 and 60 cycles second. The tests shall be made over a period of time sufficient for the temperature rise to reach a constant value (for practical purposes this condition if obtained when the variation does not exceed 1 degree C per hour.) The temperature rise shall be measured by thermo-couples or by some other equally efficient means. (B) High Voltage Test

The fuse units shall pass a high voltage test. This test shall be made with the Distribution Pillar in clean new condition, either immediately after manufacture or after having been exposed to the ordinary atmosphere. The test voltage of value as given in Table I and of a frequency of 40 to 60 c/s shall be applied and maintained for one minute: a) Between pairs of poles

of 60 KESCo/T-12/15-16 b) Between pole and neutral (when fitted) c) Between current-carrying and non-current-carrying metal parts.

Table: Test Voltage

RATED VOLTATGE TEST VOLTAGE

Upto and including 300 Volts 2000 Volts 301 to 660Volts 2500Volts 661 to 800Volts 3000Volts 801 to 1000Volts 3500Volts

It is not necessary for the full test voltage to be switched on instantly. The voltage shall be increased as rapidly as in consistent with its value being indicated by measuring instrument. The test voltage may be rapidly diminished before switching OFF. During the test, one pole of the test transformer shall be connected to earth, and to the earthed metal of the distribution fuse units.

REQUIREMENT OF SPECIFICATION

A) Rates Voltage 440 Volts B) Total Number of Outgoing and heating Three C) Rated Current of Outgoing Circuits 500amp D) Whether for use with AC or DC AC Only. Dimensional Limitation, if any As per Drawing+5%. E) Thickness of Steel Sheet Channel 2.5mm F) External and finish of fuse unit HD PVC insulated G) Rated Current and breaking Capacity of Rewireable Fuse, 500 Amp Outgoing H) Wire and Types of Cable PVC, Three Phase Four Wire.

Notes:- L.T.A.C. Three Phase Four Wire Vertical Circuit having one side Incoming and other side outgoing fitted with and arrangement of holding the circuits on Pole.

of 60 KESCo/T-12/15-16 Page 41 of 60 KESCo/T-12/15-16 Page 42 of 60 KESCo/T-12/15-16 Page 43 of 60 KESCo/T-12/15-16 General Condition of Contract For Supply of Material Form -B

General Conditions for the Supply of Plant and Machinery for Works Pertaining to the KESCo

Definition of Terms:

1. In constructing these General Conditions and the annexed Specification the following words shall have the meaning herein assigned to them unless there is anything in the subject or context inconsistent with such construction:

The "Purchaser" shall mean the KESCo Ltd and shall include his successors and assigns.

The "Contractor" shall mean the Tenderer whose tender shall be accepted by the Purchaser and shall include such Tender's heirs legal representatives, successors and assigns.

The "Sub Contractor" shall mean the person named in the contract for any part of the work or any person to whom any part of the Contact has been sublet with the consent in writing of Engineer and the heirs, legal representatives, successors and assigns of such person.

The "Engineer" shall mean the officer placing the order for the work with the Contractor and such other officer as may be duly authorized and appointed in writing by the Purchaser to act as Engineer for the purposes of the Contract and in case where no such officer has been so appointed the Purchaser or his duly authorized representative.

"Plant" shall mean the plant and materials to be provided by the Contractor under the Contract.

The "Contract" shall mean and include the General Conditions Specifications, Schedules, Drawings, Form of Tender, Covering letter, Schedule of prices or the final General Conditions, Specifications and Drawings and the Agreement to be entered into under clause 3 of these General Conditions.

The "Specification" shall mean the Specification annexed to these General Condition and the Schedule thereto (if any).

The "Site" shall mean the site of the proposed work as detailed in the Specification or any other place in Uttar Pradesh where work is to be executed under the Contract.

"Month" shall mean calendar month.

"Writing" shall include any manuscript, typewritten or Printed statement under or over signature or seal, as the case may be.

Words importing persons shall include Firms, Companies, Corporation and other bodies whether incorporated or not.

Words importing the singular only shall also include the plural and vice versa where the context requires.

Contractor to inform himself fully:

of 60 KESCo/T-12/15-16 2. The Candidate shall be deemed to have carefully examinee the General Conditions. Specifications, Schedules and Drawings. If he shall have any doubt as to the meaning of any portion of these General Conditions, or of the Specification he shall before signing the Contract set forth the particulars thereof and submit them to the Engineer in writing, in order that such doubt may be removed.

Contract:

3. A formal agreement shall, if required by the Purchaser, be entered into between the Purchaser and the Contractor of the proper fulfillment of the Contract, Further, if required by the purchaser, Contractor shall deposit with the purchaser as security for the due and perform of the contract such sum not being less than one per cent of the total value of the Contract as may be fixed by the Purchaser either in cash or any other form approved by the Purchaser. The Security deposit shall be refunded to the Contractor on delivery and check of the plant at the site of the work.

The Charges in respect of vetting and execution of the contract document shall be bone by the Contractor. The Contractor shall be furnished with an executed stamped counterpart of the agreement.

After the tender has been accepted by the Purchaser all order or instructions to the Contractor shall, except at herein otherwise provided, be given by the Engineer on behalf of Purchaser.

Contract Drawing:

4. The Contractor shall submit in duplicate, to the Engineer for his approval, drawings of the General Arrangement of the plant to be provided and such detailed drawings, other than shop drawings, as may be reasonably necessary.

Within fourteen days of the receipt of such drawings the Engineer shall singly his approval or otherwise of the same, and in the event of disapproving the drawing the Contractor shall further drawing for approval.

Within a reasonable period of the notification by the Engineer to the Contractor of his approval of such drawings, three sets, in ink or tracing cloth or ferrogalic prints mounted on cloth, the drawings as approved, shall be supplied to him by the Contractor and be signed by him and the Contractor respectively and be thereafter deemed to be the "Contract Drawings".

These drawings when so signed shall become the property of the purchaser and be deposited with the Engineer, and shall not be departed from in any way whatsoever except by the written permission of the Engineer or hereinafter provided.

In the event of the Contractor desiring to possess a signed set of drawings, he shall supply four sets instead of three sets and in this case the Engineer shall sign the fourth set and return the same to the Contractor.

The Contractor, if required by the Engineer shall supply in addition copies of any drawings other than shop drawings which may reasonable be required for the purpose of the Contract and may make a reasonable charge for such copies.

The Engineer or his duly authorized representatives, whose name shall have previously been communicated in writing to the Contractor shall have the right, at all reasonable times, to inspect, at the factory of the Contractor, drawings of any portion of the plant.

Mistake in drawings:

of 60 KESCo/T-12/15-16 5. The Contractor shall be responsible for and shall pay for any alterations of the plant due to any discrepancies, errors or omission in the drawing and other particulars supplied by him, whether such drawing or particulars have been approved by the Engineer or not, provided that is such discrepancies, errors or omissions are due to inaccurate information or particulars furnished to the Contractor by the Engineer any alterations in the plant necessitated by reasons of such inaccurate information or particulars shall be paid for by the Purchaser.

If any dimensions figured upon a drawing or a plan differ from those obtained by scaling the drawing or plan the dimensions as figured upon the drawing or plan shall be taken as correct.

Subletting of contract:

6. The Contractor shall not, without consent in writing of the Engineer or Purchaser which shall not, be unreasonably withheld, assign or sublet this Contract any substantiate part there of other than for raw materials, for minor details or for any part of the plant of which makers are named in the Contract provided that any such consent shall not relieve the Contractor from any obligation, duty or responsibility under the contract.

Patent rights:

7. In the event of any demand being made or action being brought against the Purchaser for infringement or alleged Infringement of Letters patent, in respect of any plant, or thing used or supplied b the Contractor under this Contract or in respect of any method of using or working by the Purchaser of such plant, or thing the Contractor will intimacy the Purchaser against such claim or demand and all costs and expenses arising from or incurred by reason of such claim or demand PROVIDED THAT the Purchaser shall notify the Contractor immediately any claim is made and that the Contractor shall be at liberty, if he so desires, with the assistance of the Purchaser, if required but at all the Contractor's own expenses to conduct all negotiations for the settlement of the same or any litigation that may arise there from and PROVIDED THAT no such machine, plant or thing shall be used by the Purchaser for any purpose or in any manner other than that for which they have been supplied by the Contractor and specified under this Contract.

Quality of materials:

8. The plant shall be manufactured and constructed in the best and most substantial and most workmanlike manner and with materials of the best or of approved qualities for their respective uses.

Packing:

9. The Contractor shall be responsible for security, protecting and packing the plant so as to avoid damage under normal condition of transport.

Delivery and import license fee:

10. The cost of delivering the whole of the material f.o.r., at the railway stations specified shall be borne by the Contractor.

The Import Lenience fee for the Import of equipment or component part of raw materials, if required, shall be paid by the Contractor even when the Import License may have to be taken in the name of the Purchaser.

Power to vary or omit work:

of 60 KESCo/T-12/15-16 11. No alteration, amendments, omission, additions, suspensions, or variations of the plant therein after referred to as "Variation" under the Contract as shown by the contract drawings or the Specifications shall be made by the Contractor except as directed in written by the Engineer but the Engineer shall have full power, subject to the provision hereinafter contained from time to time during the execution of the Contract by notice in writing to instruct the contractor to make such variations without prejudice to the Contract, and the Contractor, shall make such variation, and be bound by the same conditions as for as applicable as through the said variation occurred in the specification. If any suggested variation would, in the opinion of the Contractor if carried out prevent him from fulfilling any of his obligations or guarantees under the Contract, he shall notify the engineer thereof in writing and the Engineer shall decide forthwith whether or not the same shall be carried out and if the Engineer confirm his instructions, the Contractor's obligation and guarantees shall be modified to such an extent as may be justified. The Difference of cost, if any, occasioned by any such variations shall be added to, or deducted from, the contract price as the case may require. The amount of such difference, if any shall be ascertained and determined in accordance with he rates specified in the schedules of Prices so far as the same may be applicable and where the rates are not contained in the said Schedules, or are not applicable they shall be settled by the Engineer and Contractor jointly, as far as possible, before such variations are carried out. Provided that the Purchaser shall not become liable for the payment of any charge in respect of any such variations, unless the instructions for the performance of the same shall have been given in writing by the Engineer.

In the event of the Engineer requiring any variations, such reasonable and proper notice shall be given to the Contractor as will enable him to make his arrangements accordingly and in cases where goods or materials have already been prepared or any design drawings, or patterns have been made or work done that required to be allotted the Engineer shall allow such compensation in respect the as he shall consider reasonable.

Provided that no such variations, shall except with the consent in writing of the Contractor be such as will involve an increase or decrease of the total price payable under the Contract by more than 10 per cent thereof.

In every case in which the Contractor shall receive instructions from the Engineer for carrying out any work which either then or later will in the opinion of the contractor, involve a claim for additional payment, the Contractor, shall as soon as reasonably possible after the receipt of such instructions inform the Engineer of such for additional payment.

Negligence:

12. If the contractor shall neglect to manufacture or supply the lant with due diligence and expedition or shall refuse or neglect to comply with any reasonable orders given to him in writing by the Engineer in connection with the manufacture or supply, or shall contravene any provision of the Contract the Purchaser may given seven day's notice in writing to the contractor, to make good the failure neglect or contravention complained of and if the contractor shall fail to comply with the notice within a reasonable time from the date of service thereof in the case of a failure, neglect or contravention capable of being made good within that time, then and in such case if the Purchaser shall think fit it shall be lawful for him to take the manufacture or supply of plant wholly, or in part, out of the contractor's hand and give it to another person on contract at a reasonable price and the Purchaser shall be entitled to retain and apply any balance which may be otherwise due on the Contract by him to the Contractor or such part there of as may be necessary to the payment of the cost of manufacture or supply of such plant as aforesaid.

Death Bankruptcy to :

13. If the contractor shall die or commit any act of Bankruptcy, or being a corporation commence to be wound up except for reconstruction purposes or carry on its business under a Receiver, the Page 47 of 60 KESCo/T-12/15-16 executors, successors, or other representatives in law of the estate to the contractor or any such receiver, liquidator, or any person in whom the contract may become vested shall forthwith give notice thereof in writing to the purchaser and shall for one month, during which he shall take all reasonable steps to prevent stoppage of the manufacture of plant have the option of carrying out the contract subject to his or their providing such guarantee as may be required by Purchaser, but not exceeding the value of the plant, for the time being remaining unexecuted. In the event of stoppage of the manufacture of the plant the period of the option under this clause shall be fourteen days only provided that should the above option not be exercised, the contract may be determined by the Purchaser by notice in writing to the contractor, and the Purchaser may exercise the same power which he could exercise and will have the same rights which he would have under the last preceding clause if the work had been taken out of the contractor's hands under the clause.

Inspection and testing:

14. The Engineer and his duly authorized representatives, shall have at all reasonable time access to the contractor's premises, and shall have the power at all reasonable times to in spect and examine the materials and workmanship of the plant during its manufacture there and if part of the plant is being manufactured on other premises the contractor shall obtain for the Engineer and for his duly authorised representatives permission to inspect it as if the plant manufactured on the contractor's own premises.

The Engineer shall on giving seven day's notice in writing to the contractor setting out any grounds of objections which he may have in respect of the work be at liberty to reject all or any plant or workmanship connected with such work which, in his opinion, are not in accordance with the contract or are in his opinion defective for any reason whatsoever. Provided that if such notice be not sent to the contractor within reasonable time after the Engineer he shall not be entitled to reject the said plant workmanship on such grounds. Unless specifically provided otherwise all tests shall be made at contractor's work before shipmen.

The contractor shall, if required give the Engineer notice of any material being ready for testing and Engineer, or his said representative if so desired, shall on giving twenty-four hour's previous notice in writing to the contractor attend at the contractor's premises within seven days of the date on which the material is notified as being ready, failing which visit the contractor may proceed with the tests, which shall be deemed to have been made in Engineer's presence and he shall forthwith forward to the Engineer duly certified copies of the tests in duplicate.

Test at contractor's Premises:

15. In all cases where the contractor provides for tests, whether at the premises of the contractor or of any sub-contractor the contractor, except where otherwise specified shall provide free of charge such labour, materials, electricity fuel water, stores apparatus, plant in accordance with the contract and shall give facilities to the Engineer or to his authorized representative to accomplish such testing.

If special tests other than those specified in the contract are required they shall be paid for by the Purchaser as "Variations" under clause II.

When the tests have been satisfactory completed at the contractor's works the Engineer shall issue a certificate to that effect.

Test on site:

16. In all cases where the contract provides for tests on the site, the purchaser, except otherwise specified, shall provide, free of charge, such labour, materials, electricity, fuel water, stores, Page 48 of 60 KESCo/T-12/15-16 apparatus and instruments as may be requisite from time to time and as may reasonably be demanded, efficiently to carry out such tests of the plant or workmanship in accordance with the contract.

In the cases of contractor requiring electricity for test on site such electricity shall be supplied to the contractor in the most convenient form available.

Delivery of plant:

17. The plant or material shall not be forwarded until shipping/dispatch instructions shall have been given to the contractor.

Notification of delivery or dispatch in regard to each and every consignment shall be made to the purchaser immediately after dispatch or delivery. The Supplier shall further supply to the Consignee a priced invoice and packing account of all stores delivered or dispatched by him. All packages, containers, bundles and loose materials forming part of each and every consignment shall be described full in the packing account, and full details of the contents of packages and quantity of materials shall be given to enable to consignee check the stores on arrival at destination.

Engineer's Supervision:

18. The manufacture and supply of plant shall be carried out under the direction and to the reasonable satisfaction of the Engineer.

Engineer's decision:

19. In respect of all matters which are left to the decision of the Engineer including the granting or with holding of certificates the Engineer shall if required to do so by the Contractor, give in writing a decision thereon, and his reasons for such decision. If the decision is not accepted by the contractor the matter shall at the request of the contractor be referred to arbitration under the provision for arbitration hereinafter contained, but subject to the right of reference to arbitration such decision shall be final and binding on the contractor.

Liability for accident and damage:

20. The contractor shall be responsible for loss, damage or depreciation to goods up to delivery at site.

Replacement of defective plant or materials:

21. If during the progress of manufacture of supply or plant the Engineer shall decide and notify in writing to the contractor that the contractor has manufactured any plant or part of plant unsound or imperfect, or has supplied any plant inferior in quality to that specified, the contractor on receiving details of such defect or deficiency shall at his own expense, within such time that may be reasonably necessary for the purpose proceed to after reconstruct or remove such plant or part of plant, or supply fresh materials up to the standard of the specification and in case the contractor shall fail to do so, the Purchaser may, on giving the contractor seven day's notice in writing of his intention to do so proceed to after reconstruct or remove such plant or part of plant or supply of all such materials at the contractor cost provided that nothing in this clause shall be deemed to deprive the Purchaser of or affect any rights under the Contract which he may otherwise have in respect of such defects or deficiencies.

Deduction from contract price: Page 49 of 60 KESCo/T-12/15-16 22. All costs, damages of expense which the Purchaser may have paid for which under the contract the contractor is liable may be deducted by the Purchaser from any money due or which may become due by him to the contractor under this contract, or may be recovered by suit or otherwise from the contractor.

Any sum of money due and payable to the contractor (including security deposit returnable to him) under this contract may be appropriated by the Purchaser and set off against any claim of the Purchaser for the payment of a sum of money arising out of or under any other contract made by the contractor, with the Purchaser.

Terms of payment:

23. 1. Subject to any deduction which the Purchaser may be authorised to make under the contract, or subject to any additions or deductions provided for under clause 11. the Contractor shall on the certificate of the Engineer be entitled to payment as follows:

a. Ninety percent of the f.o.r. contract value of the plant in rupees on receipt by the purchaser of the contractor's invoice giving the number and date of railway receipt covering the dispatch of the plant from the Indian port and of the advice note giving case number and contents, together with a certificate by the contractor to the effect that the plant detailed in the said advice note has actually been dispatched under the says railway receipt and that the contract value of the said plant so dispatched is not less than the amount entered in the invoice. b. Ten percent of the f.o.r. contract value on presentation of the contractor's invoice when each commercially useable section of the plant is completed and the last portion of such section has been dispatched and the whole material has been delivered at the place fixed for delivery and checked at the site of the work within one month of such delivery, whichever is earlier.

Provided that each of the payments under this clause shall be due on the last day of the month in which the invoice for the amount due together with necessary documents is received by the Purchaser:

Provided also that the Purchaser shall not be bound to make any payment under sub-clause (a) unless the amount of such payment represents at least 8 percent of the total contract value of the plant.

2. If at the time at which the last installment becomes payable there are minor defects in the plant which are not of such importance as to affect the full commercial use of the plant, then the Purchaser shall be entitled to retain such part of the installments as represents the cost of making good such minor defects and any sum so retained shall, subject to the provision of clause 30, become due upon such minor defects being made good. 3. If the Purchaser desires that the plant or any portion should not be dispatched by the Contractor when it is due for dispatch, the Contractor shall for such plant or portion at his works and be responsible for all risk. For such storage the Purchaser shall pay to the contractor at a rate to be mutually agreed upon between the parties, but not exceeding 5s (five shillings) per ton per week payable quarterly plus interest @ 1 percent per annum above the current rate of the State Bank of India, on 80% of the contract value of the plant or portion thereof so stored for the period from the date on which the said plant or portion becomes due and is ready for shipment up to the date on which it is actually shipped.

Provisional sums:

of 60 KESCo/T-12/15-16 2. In any case where the contract price includes a provisional sum to be provided by the contractor for meeting the expenses of extra work or for work to be done or material to be supplied by a sub- contractor such sum shall be expended or used, either wholly or in part or be not used at the discretion of the Engineer and entirely as he may decide and direct. If no part or only a part thereof be used then the whole or the part not used, as the case may be shall be deducted from the contract price. If the sum used is more than such provisional sum the contractor shall pay the excess. In the case of material supplied or work done by a sub-contractor, the total of the net sum paid to the sub Contractor on account of such materials or works and a sum equal to 10% of such net sums allowed as contractor's profit shall be deemed to be the sum used Non of the work or articles to which such sum of money refers shall be done or purchased without the written order of the Engineer. The Contractor shall allow the subcontractors every facility for the supply of materials or execution, of their several works simultaneously with his own, and shall within fourteen days after the Engineer has requested him in writing to do so pay the dues of such subcontractors on account of such materials or works: PR VIDED ALWAYS that the cont actor shall have no responsibility with regard to such works or articles unless he shall have previously approved the sub-contractor and/or the material or plant to be supplies.

Certificate of Engineer:

3. 1. Every application to the Engineer for a certificate must be accompanied by a detailed invoice (in duplicate) setting forth in order of the Schedule of Prices, particulars of the plant supplied and the certificates as to such plant as in the reasonable opinion of the Engineer, in accordance with the contract shall be issued within fourteen days of the application for the same. 2. The Engineer may, by any certificate make any correction or modification in any previous certificate which shall have been issued by him any payments shall be regulated and adjusted accordingly.

Certificate not to effect right of the Purchaser or Contractor:

4. No certificate of the Engineer on account nor any sum paid on account by the Purchaser, nor any extension of term granted under clause 26 shall affect or prejudice the rights of the Purchser, against the Contractor either under this Agreement or under the law, or relieve the Contractor, of his obligations for the due Performance of the Contract or be interpreted as approval of the plant manufactured or supplied, and no certificate of the Engineer shall create liability in the Purchaser to pay for any alteration amendments, variations or additions not ordered in writing by the Engineer, or absolve the Contractor of his liability for the payment of damages whether due, ascertained or certified or not or of any such sum against the payment of which he is bound to indemnify the Purchser nor shall any such certificate nor the acceptance by him of any sum paid on account or otherwise affect or prejudice the rights of the contractor against the Purchaser either under this Agreement or under the law.

Suspension of works:

5. The Purchaser shall pay to the Contractor all reasonable expenses incurred by the Contractor by reason of suspension of the manufacture of plant or delay in shipment by order in writing of the Purchaser or the Engineer unless such suspension or delay shall be due to some default on the part of the Contractor or Sub-Contractor.

Extension of time for completion:

6. The time given to the Contractor for dispatch or delivery shall be reckoned from the date of receipt by the Contractor of the order, together with all necessary information and drawings, to enable the work to be put in hand. Page 51 of 60 KESCo/T-12/15-16 In all cases in which progress shall be delayed by strikes lockouts, fire accidents defective materials delay in approval of drawings or any cause whatsoever beyond the reasonable control of the Contractor, and whether such delays or impediment shall occur before or after the time or extended time, for dispatch or delivery, a reasonable extension of time shall be granted.

Price reduction:

7. If the Contractor shall fail in the due performance of his Contract with in the time fixed by the contract or any extension thereof, the contractor agree to accept a reduction of the Contract price by half percent per week reckoned on the contract value of such portion only of the plant as cannot in consequences of the delay be used commercially and efficiently during each week between the appointed or extended time, as the case may be and actual time of acceptance under clause 29, and such reduction shall be in full satisfaction of the Contracor's liability for delay but shall not inany case exceed 10 percent of the contract value of such portion of the plant.

Rejection of defective plant:

8. If the completed plant or any portion thereof, before it is taken over under clause 29 be found to be defective, or fails to fulfill the requirements of the contract the Engineer shall give the Contractor notice setting forth particulars of defects or failure, and the Contractor shall forthwith make the defective plant good, or alter the same to make it comply with the requirements of Contract. If the Contractor fails to do so within a reasonable time the Purchaser may reject and replace, at the cost of the Contractor, the whole or any portion of the plant as the case may be which is defective or fails to fulfill the requirements of the Contract. Such replacement shall be carried by the Purchaser within a reasonable time and a reasonable price, and where reasonably possible to the same specification and under competitive condition. In case of such replacement by the purchaser the Contractor shall be liable to pay to the Purchaser the extra cost if any, of such replacement delivered and/or erected as provided for in the original Contract, such extra cost being the ascertained difference between the price paid by the purchaser under the provisions above mentioned for such replacement and the Contract price for the plant so replaced and also to repay any sum paid by the purchaser to the Contractor in respect of such defective plant. If the purchaser does not so replace the rejected plant within a reasonable time, the Contractor shall be liable only to repay to the Purchaser all moneys paid by the Purchaser to him in respect of such plant.

In the event of such rejection, the Purchaser shall be entitled to the use of the plant in a reasonable and proper manner for a time reasonably sufficient to enable him to obtain other replacement plant. During the period the rejected plant is used commercially the Contractor shall be entitled to reasonable sum as payment for such use.

Taking over:

9. Where the specification calls for performances test before shipment and these have been successfully carried out, the plant shall be accepted and taken over and the Engineer shall notify the Contractor to that effect. When the specification calls for tests on site the plant shall be taken over immediately after such tests have been satisfactorily carried out and the Engineer shall notify the Contractor to that effect.

Such notification shall not be unreasonably withheld nor shall the Engineer delay giving such notification on account of minor omission and defects which does not necessarily delay shipment nor affect the commercial use of the plant without any serious risk. PROVIDED ALWAYS that the Contractor undertakes to make good such omissions and defects at the earliest moment.

Maintenance:

of 60 KESCo/T-12/15-16 10. For period of 12 (twelve) calendar months commencing immediately upon the setting to work of the plant or 18 months from the date of receipt of equipment by the Purchaser at site whichever is earlier called the Maintenance period" the Contractor shall remain liable to replace any defective parts that may develop in plant of his own manufacture or those of his sub-contractors approved under clause 6, under conditions provided for by the contract under proper use and arising, solely from design, materials or workmanship PROVIDED ALWAYS that such defective parts as are not repairable at site and are not essential in the meantime to the maintenance in commercial use of the plant are promptly returned to the Contractor's work at the expense of the Contractor unless otherwise arranged.

If it becomes necessary for the Contractor to replace or renew any defective parts of the plant under this clause, the provisions of the first paragraph of this clause shall apply to the parts of the plant so replaced or removed until the expiration of six months from the date of such replacement or renewal or until the end of the above mentioned period of twelve months whichever may be the later.

If any defects be not remedied within a reasonable time the Purchaser may proceed to do the work at the Contractor's risk and expense, but without prejudice to any other right which the Purchaser may have against the Contractor in respect of such defects.

The repaired or new parts will be delivered in accordance with clause 10. The Contractor shall bear reasonable cost of minor repairs carried out on his behalf at site.

At the end of "The Maintenance Period" the Contractor's liability shall cease. In respect of goods not covered by the first paragraph of this clause, the Purchaser shall be entitled to the benefit of any guarantee given to the Contractor by the original supplier or manufacturer of such goods.

Arbitration:

11. If any dispute, difference or controversy shall at any time arise between the Contractor on the one hand and the Kanpur Electricity Supply Co, Ltd.. and the Engineer of the contract on the other touching the contract or as to the true construction, meaning and intent or any part or condition of the same, or as the manner of execution or as to the quality or description of or payment for the same, or as to the true intent, meaning, interpretation, construction or effect of the clauses of the contract, specifications or drawings or any of them, or as to any thing to be done committed or suffered in pursuance of the contract of specifications or as to the mode of carrying the contract, into effect, or as to the breach or alleged breach of the contract or as to any claims on account to such breach or alleged breach or as to obviating or compensating for the commission of any such breach or as to any other matter or thing whatsoever connected with or arising out of the contract and whether before or during the progress or after the completion of the contract, such question, difference or dispute shall be referred for adjudication to the chairman, UP State Electricity Board or to any other person nominated by him in this behalf and his decision un writing shall be final Landing and conclusive in case of refusal/neglect by such nominee..M.D Kanpur Electricity Supply Co, Ltd.. may nominate another person in his place. This submission shall be deemed to be a submission to arbitration within the meaning of the India Arbitration Act 1940 or any statutory modification thereof. The arbitrator may from time to time with consent of the parties enlarge the time for making and publishing the award.

Upon every or any such reference, the cost of an incidental to the reference and award respectively shall be in discretion of the arbitrator who shall be competent to determine the amount thereof direct the same to be taxed as between solicitor and client or as between party and to direct by whom and to whom and in what manner the same shall be burns and paid.

Work under the contract shall if reasonably possible, continue during the Arbitration proceedings and no payments due or payable by the Kesco shall be withheld on account of such proceedings.

of 60 KESCo/T-12/15-16 Construction of contract:

12. The contract shall in all respect be construed and operated as a Contract as defined in the Indian Contract Act, 1872, and all payments there under shall be made in rupees unless otherwise specified.

Marginal Note:

13. The marginal note to any clause of this Contract shall not affect or control the construction of such clause.

of 60 KESCo/T-12/15-16 FORM OF AGREEMENT (BEFERRED TO IN CLAUSE -3)

This Agreement made on the ------day of ------198------Between ------(hereinafter referred to as the Contractor) of the one part AND the KESCo (hereinafter called Purchaser) of the other part

WHEREAS the purchaser is about to erect and maintain the ------(hereinafter called the works) and for the purpose requires the plants and machinery mentioned and specified in certain general conditions, Specifications Schedules, Drawings, form of tender covering letter and schedule of price which, for the purpose of identification has been signed by ------on behalf of the Contractor and ------(the engineer of the Purchaser) on behalf of the Purchaser of which are seemed to form part of this contract as through separately set out herein and are included in the expression Contract" whenever herein used.

AND WHEREAS the Purchaser has accepted the tender of the Contractor for the supply and delivery of the said plant and machinery for the sum of ------upon the terms and subject to the Conditions hereinafter mentioned.

NOW THESE PRESENT WITNESSES and the parties here to hereby agree and declare as follows that is to say in consideration of the payment to be made to the Contractor by the purchaser as thereafter mentioned the Contractor shall and will fully provide the said plant and machinery for the said works on the terms and conditions mentioned in the Contract.

AND in consideration of the due provisions of the said plant and machinery by the Contractor and due performance of this part of the contract, the purchaser does hereby for himself his successors or assigns convenant with the Contractor that he (the Purchaser) his successor or assigns will pay to the contractor the said sum of ------or such other sum as may become payable to the Contractor under the provision of the Contract such payments to be made at such time and in such manner as is provided by this contract.IN WITNESS WHERE OF the Parties here to have signed this Deed here under on the dates respectively mentioned a against the signature of each.

Signed Signed (for and on behalf of the Purchaser) (Contractor) (Date) (Date) In the presence of In the presence of (Date) (Date) (Date) (Date)

PERFORMA OF GUARANTEE BOND FOR SECURITY DEPOSIT

of 60 KESCo/T-12/15-16 (To be used by approved Scheduled Banks)

1. In consideration of the Kanpur Electricity Supply Co, Ltd. (hereinafter called KESCo) having agreed to exempt ------(hereinafter called "The Contractors") from the demand the terms and condition of Agreement dated ...... made between ------and ------for ------(hereinafter called the said Agreement) of security deposit for the due fulfillment by the said Contractors of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs. ------(Rupees------only) We ------Bank Ltd. (hereinafter referred as the Bank) do hereby undertake to pay to the Board an Amount not exceeding Rs. ------against any loss of or damage caused to or suffered or would be caused to or suffered by the Board by reasons of any breach by the said Contractors of any of the terms of conditions contained in the said Agreement. 2. We ------Bank Ltd. do hereby under take to pay the amount due and payable under this guarantee without any demur merely on demand from the Board stating the amount claims is due by way of use or damage caused to or would be caused to or suffered by the Board by reason of any breach by the said contractor of any of the teems or conditions contained in the said Agreement or by reason of the Contractors failure to perform the said Agreement. 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. ------3. We ------Bank Ltd. 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 Board under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till the Board or their only authorised officer certified that the terms and conditions of the said agreement have been fully and properly carried out by the said Contractors and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before ------we shall be discharged from all liability under this guarantee there after. 4. We------Bank Ltd further agree with the Board that the Board shall have the fullest liberty without affecting in any manner or obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Contractors from time to time or to postpone for any time or from time to time any of the powers exercisable by the Board against the said Contractors and to for 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 extension or extensions being granted to the said Contractors or for any forbearance act or commission on the part of the Board or any indulgence by the Board to the said Contractors or by any such matter or thing whatsoever which under the law would but for this provision have effect. 5. We ------Bank Ltd. lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Board in writing. 6. Not withstanding any thing contained above the liability of the guarantor hereunder is restricted to the said sum of Rs.------and this guarantee shall expire on the ------day------of------19 ------Unless a claim under the guarantee is filled with the guarantor within six months of such date, all claim shall lapse and the guarantor shall be discharged from the guarantee.

Dated the ------day of ------19

For ------Bank Ltd.

of 60 KESCo/T-12/15-16 PERFORMA FOR PERFORMANCE BANK GUARANTEE Kanpur Electricity Supply Co, Ltd.

THIS DEED OF GUARANTEE made on the ------day of ------19. by the ------(hereinafter called the Guarantor) of one part IN FAVOUR of the Kanpur Electricity Supply Co. Ltd. (hereinafter called the Purchaser) of the other part.

WHEREAS in accordance with the contract agreement dated the ------day of ------19 (hereinafter called the said Contract) entered into between the Purchaser & Messers ------a company within the meaning of the Companies Act and having its registered office at ------(hereinafter called the Contractor) the Contractor agreed to supply to the Purchaser the ------as provided in the said Contract.

AND WHEREAS the payment terms under the said Contractor provide that in order to take 100% payment of the Contract value the Contractor shall furnish to the Purchaser a Bank Guarantee in the sum of 10% value of each consignment dispatched valid for ------

AND WHEREAS instead of furnishing separate guarantee as after said the Contractor wishes to furnish one guarantee in the sum of 10% value of the Contract valid for ------and reckoned from the date ------

NOW THIS DEED WITNESSES AS FOLLOWS

1. In consideration of the premises the Guarantor hereby undertake that the Contractor shall duly supply the aforesaid material of the correct quantity and strictly in accordance with the said Contract failing which the Guarantor shall pay to the Purchaser on demand such amount or amounts as the Guarantor may be called upon to pay to the maximum aggregate of Rs. ------being 10% of the Contract value. 2. The Guarantor shall pay to the Purchaser on demand the sum under clause 1 above without demur and without requiring the Purchaser to invoke any legal remedy that may be available to it compel the Guarantor to pay the same or to compel such performance by the Contractor, Provided that where the Guarantor considers the demand of the Purchaser unjustified shall never the less pay the same though under protest to the Purchaser and shall not with hold payment on that account. 3. This guarantee shall come into force from the date hereof and shall remain valid for ------calendar months from the date of the ------of the last consignment of goods dispatched which date of dispatch according to contract is the ------day of ------. If however the period of the contract's for any reason extended thereby extending the valid date, and upon such extension, it the contractor fails to furnish a fresh or renewed Bank Guarantee for the extended period Guarantor shall pay to the Purchaser the said sum of Rs.------or such lesser sum as the Purchaser may demand. 4. The guarantee herein contained shall not be affected by any change in the Constitution of the Guarantor or of the Contractors. 5. Any account settled between the Contractor and the Purchaser shall be conclusive evidence against the Guarantor of the amount due and shall not be questioned by the Guarantor. 6. The neglect or forbearance of the Purchaser in enforcement of payment of any moneys the payment whereof is intended to be hereby secured or the giving of time by the Purchaser for the payment thereof shall in no way relieve the Guarantor of its liability under this deed. 7. The Purchaser and the Contractor will be at liberty to carry out any modifications in the said Contract during the terms of the said Contract and any extension thereof, notice of which modification to the Guarantor is hereby waved. 8. The expression The Purchaser and The Guarantor and The Contractor shall unless there be anything repugnant to the subject or context include their respective successors and assigns. Page 57 of 60 KESCo/T-12/15-16 9. Notwithstanding any thing contained above the liability of the Guarantor hereunder is restricted to the said sum of Rs.------and this guarantee shall expire on the ------day of ------unless claim under the guarantee is filed within six months of such date, all claims shall lapse and the Guarantor shall be discharged from the Guarantee.

IN WITNESS HEREOF

For and on behalf of the Guarantor has signed this deed on the day and year first above written.

Witness :

1. Signed by 2. For and on behalf of the Guarantor

FORM OF BANK GUARANTEE Page 58 of 60 KESCo/T-12/15-16 (For depositing earnest money in case the amount for deposit exceeds Rs. 5,000)

Kesco Kanpur

WHEREAS, Messer ------a company incorporated under the Indian Companies Act its registered office at ------son of ------resident of ------carrying on business under the firm's name and style of Messer ------at ------son of ------resident of ------at partners carrying on business under the firm's name and style of Messer ------at------which is an unregistered partnership (hereinafter called The Tender) has/have in response to your Tender Notice against specification number------for ------offered to supply and/or execute the works as contained in the Tender's letter no------

AND WHEREAS the Tender is required to furnish you a bank guarantee for the sum of Rs.------as earnest money against the tender's offer as aforesaid.

AND WHEREAS we ------name of the Bank have at the request of the Tender agree to give you his guarantee as hereinafter contained.

NOW THEREFORE in consideration of the premises we the under signed, hereby covenant that the aforesaid tender of the Tenderer shall remain open for acceptance by you during the period of validity as mentioned in the tender or any extension there of as you and the Tenderer may subsequently agree and if the Tenderer shall, for any reason back out, whether expressly or impliedly, from his said tender during the period of its validity or any extension thereof as aforesaid we hereby guarantee to you the payment of the sum of Rs.------on demand, notwithstanding the existence of any dispute between the Kanpur Electricity Supply Co, Ltd, and the Tenderer in this regard and we hereby further agree as follows:

a. That you may without affecting this guarantee grant time and other indulgence to or negotiate further with the Tenderer in regard to the conditions contained in the said tender and hereby modify these conditions or add there to any further conditions as may be mutually agreed upon between you and the Tenderer. b. That the guarantee herein before contained shall not be affected by any change in the constitution of our Bank or in the constitution of the Tenderer. c. That an account settled between you and the Tenderer shall be conclusive evidence against us of the amount due here under and shall not be questioned by us. d. That this guarantee commences from the date hereof and shall remain in force till the Tenderer if his tender is accepted by you, furnishes the security as required under the said specifications and executes a formal agreement as therein provided or (till four months after the period of validity) or the extended period of validity as the case may be of the tender whichever is earlier. e. That the suppressions the Tenderer and The Bank and The Kanpur Electricity Supply Co, Ltd. herein used shall unless such inter predation is repugnant to the subject or context, include their respective successors and assigns.

of 60 KESCo/T-12/15-16 SCHEDULE P-I (PART-II) SUMMARY BID PRICE SCHEDULE AGAINT TENDER NO. 12/15-16 Kanpur Electric Supply Company Unit supply price (Rs) Duties and taxes Unit ex- Works price including Unit duties and FOR(D) Total Unit Ex Any other taxes Unit & price Price Sl.No. Item Unit Qty. works E.D. VAT tax (5+6+7+8) insurance (9+10) (Rs) 11 1 2 3 4 5 6 7 8 9 10 11 12

1. LT Circuit 500A/500V Nos. 1000

1. The above quantity is tentative & may vary +20% Signature: Name: Designation:

of 60 KESCo/T-12/15-16