Annexure-VII-GCC - Composite Orders1
Annexure-VII-GCC - Composite Orders1
Annexure-VII-GCC - Composite Orders1
CONTENTS
2.0 ETHICS
4.1 Indemnity
4.2 Display of notice boards at work site
5.0 PRICES/RATES/TAXES
CONTENTS
CLAUSE NO. DESCRIPTION
9.4 Preferential norms for procurement from MSMEs registered in the State of
Odisha
9.5 Compliance to Labour Laws
Compliance to C&D Waste Management Rules & Environment (Protection)
9.6
Amendment Rules
10.0 QUALITY
12.0 INSPECTION/PARTICIPATION
CONTENTS
CLAUSE NO. DESCRIPTION
13.3 Consignee
14.0 GUARANTEE
18.1 Documents
18.2 Geographical Data
18.4 Exclusions
18.5 Violation
20 INDEMNITY
21 LIABILITY & LIMITATIONS
21.1 Liability
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CONTENTS
CLAUSE NO. DESCRIPTION
26.1 Cancellation
26.2 Severability
TPSODL awards the contract to the Associate in writing in the form of Purchase order or
Rate Contract (RC) hereafter referred as Contract, through in any or all of following modes-
physical handover / post / e-mail / web document / fax with all the attachments/enclosures
which shall be part of the contract document
On receipt of the contract, the associate shall return to TPSODL copy of the contract
document duly signed by legally authorized representative of associate, within two days of
Effective Date of Contract for contracts having contract execution time less than 30 days and
within five days for all other contracts.
3.2 Contract Commencement Date
The date of issue/award of contract shall be the Effective Date of Contract or Contract
Commencement date.
3.3 Contract Completion Date
The date of expiry of Guarantee Period (detailed in section 12 of this document) shall be
deemed as the Contract Completion Date.
3.4 Contract Period/Time
The period from Contract Commencement Date to Contract Completion Date shall be
deemed as the Contract Period/Time.
3.5 Contract Execution Completion Date
The stipulated date for completing the execution of all items in the schedule of quantities
(Supply, Service and or both as applicable) shall be deemed as the Contract Execution
Completion Date.
3.6 Contract Execution Period/Time
The Period from Contract Commencement Date to Contract Execution Completion Date
shall be the Contract Execution Period/Time. Timely Completion of Works/Timely Delivery of
Materials is the essence of the contract. The period from effective date of contract to the
date stipulated for completion of delivery of all items/completion of all the works/services, as
per schedule of quantities of the contract is defined as contract execution completion time.
The Delivery of Materials /The Completion of Works, as applicable, should be achieved in all
respects as per schedules of quantities and all the terms and conditions of the contract, in
the contract execution time.
Any revision/amendment in the originally stipulated contract execution time has to be
approved by authorized representative of TPSODL.
3.7 Contract Price /Value
The total all inclusive price/value mentioned in the LOI/PO/RC of the contract document is
the Contract Price/Value and is based on the quantity, unit rates and prices quoted and
awarded and shall be subject to adjustment based on actual quantities supplied/actual
measurement of work done and accepted and certified by the authorized representative of
the company unless otherwise specified in schedule of quantities or in contract documents.
3.8 Contract Document
The Contract Document shall mean and include but not limited to the following:
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Completeness: Any supplies and services which might have not been specifically mentioned
in the Contract but are necessary for the scope mentioned in Special Terms & Conditions
and/or completeness of the works at the highest possible level, including any royalties,
license fees & compensation to be paid, whether incurred by the associates or by a third
party for the work covered in the scope, regardless of when incurred, shall be
supplied/provided by the associate without any extra cost and within the time schedule for
efficient , smooth and satisfactory operation and maintenance of the works at the highest
possible level under Indian conditions (but according to international standards for facility of
this type), unless expressly excluded from the scope of supplies and services in this
Contract.
TPSODL have the right, during the performance of the Contract, to change the scope and/or
technical character of the Project and/or of the supplies and services stipulated in the
Contract by submitting a request in writing to the Associate. The Associate shall, within
fifteen days of receipt of such request from the TPSODL, provide Purchaser with a
reasonably detailed estimate of the cost of the change outlined in the request.
In the event, TPSODL requests a change, the Contract price and time shall be adjusted
upwards or downwards, as the case may be and shall be mutually agreed to. The associate
shall not be entitled to any extension of time unless such changes adversely affect the time
schedule.
The Associate shall not proceed with the changes as requested till adjustment of contract
price and time schedule where so applicable in terms of or otherwise directed by the
TPSODL.
4.1 Indemnity
Associates shall undertake to fully indemnify TPSODL (also referred to as the Company in
the GCC) against all kinds of liabilities or damages, of whatsoever nature, including
compensation arising from any accident to the person or property of those in Associate’s
employment or to any other person or properties including those of TPSODL, arising due to
reasons attributable to any, act, omission or negligence of the Associate the Associates, for
the entire period of contract including period of guarantee.
Within 7 days of award of work, the Associates shall submit Indemnity Bond in the format as
per Annexure-E to Order Issuing Authority.
Contract having value more than Rs 2 Cr per Annum, Associates shall submit Indemnity
Bond on Rs 100/- Non Judicial Stamp Paper in the format as per Annexure- E to Order
Issuing Authority.
4.2 Display of Notice Boards at Work Sites
The Associate shall put up display notice board at each project site where the works are in
progress indicating the information given below:
▪ Name of the Project.
▪ Estimated Cost of Project.
▪ Date of Commencement.
▪ Expected date of completion.
▪ Name of Associate and his telephone number.
▪ Name of Engineer-in-Charge and his telephone number.
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will stand indemnified by the Associate in respect of all the above. At the same time
Company upon noticing any breach or default on any statutory compliances, may at their
sole discretion, decide to act in a manner as deemed fit at the risks and costs of the
Associate.
TPSODL shall have the right to instruct the Associate to change the Sub- Associates or
skilled /unskilled workers in case the conduct, the workmanship or speed of the work is not
satisfactory.
Associates shall submit duly signed undertaking regarding engagement of competent staff /
employee commensurate to the nature of job to Engineer–in–charge in the format attached
as Annexure – H.
4.5 Damages to Properties
The Associates shall take necessary steps to ensure that the equipment and installations of
the Company, third parties, including other utility services like water supply pipelines; open
drains telephone cables etc. are not damaged during execution of the works. The Associates
shall be responsible for all such damages and shall have to repair/ replace and/or
compensate for the entire claims in respect of such damages at its own cost.
4.6 Issuance of Material
The material issued to the Associate shall be in the custody of the Associates who shall be
fully responsible for the same. After completion of the works, the Associates will reconcile
the material. Any cost of material which is short or damaged/lost will be deducted from
Associate bill/ deposits.
4.7 Company’s Right To Use Works
If Taking Over Certificate is delayed for any reason, for which TPSODL’s decision shall be
final and binding upon the Associate, the Company shall be entitled to use the works or
portion thereof without affecting Associate’s responsibility and liability to complete the
balance works as per company’s directives from time to time, though Associate shall be
afforded reasonable opportunity by the company to enable Associates to complete all
balance works required for issuance of ‘Taking Over Certificate’ by the company.
4.8 Rights of TPSODL to vary the scope work
TPSODL shall have the right, during the performance of the Contract, to change the scope
and/or technical character of the Project and/or of the supplies and services stipulated in the
Contract by communicating the intent to do so in writing to the Associate. On receipt of such
communication the Associate shall, within the time frame specified in the contract shall
provide TPSODL with a reasonably detailed estimate of the cost of the change in scope
outlined in the TPSODL communication. The change in the Contract price and time shall be
revised upwards or downwards, as the case may be, and shall be mutually agreed to. The
Associate shall not be entitled to any extension of time unless such changes adversely affect
the time schedule.
The Associate shall not proceed with the changes in the scope of work till such time revision
of Contract price and time schedule are approved and communicated to the associate by
TPSODL.
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Any change in the Scope of Work and/or Terms & Conditions of the order shall be intimated
by TPSODL through an amendment to the contract. The amendment shall be treated valid
only if signed by the authorized signatory of the original contract.
5.0 PRICES/ RATES/ TAXES
5.1 For Supply part of Contract
Unless specified elsewhere in the contract document, the prices/rates are inclusive of cost of
finished product for which MDCC will be issued by TPSODL, packaging and forwarding
charges, freight and transit insurance charges covering loading at Associate’s works,
transportation to TPSODL store/site & unloading & delivery at TPSODL stores/TPSODL site,
cost of documentation including all the relevant test certificates and other supportive
documents to be furnished.
The Prices/Rates are inclusive of all taxes, levies, cesses and duties, particularly Goods and
Services Tax as applicable. All government levy / taxes shall be paid only when the invoice
is submitted according to the relevant act.
The prices/rates shall remain firm till actual completion of entire supply of
goods/material/equipment as per contract is achieved and shall remain valid till the
completion of the contract.
The prices shall remain unchanged irrespective of TPSODL making changes in quantum in
all or any of the schedules of items of contract.
5.2 For Service part of Contract
The Prices and Rates are inclusive of cost of materials supplied as per contract terms and
for which MDCC is issued by TPSODL and to the extent required for completion of works,
cost of service executed as per schedule of quantities, cost of testing as per contract terms,
cost of documentations including all relevant test certificates and other supportive
documents to be furnished as per contract terms. The rates shall remain firm till actual
completion of contract.
The Prices/Rates are inclusive of all taxes, levies, cesses and duties, particularly Goods and
Services Tax as applicable. All government levy / taxes shall be paid only when the invoice
is submitted according to the relevant act.
The prices shall remain unchanged irrespective of TPSODL making changes in quantum in
all or any of the schedules of items of contract.
5.3 Changes in Statutory Tax Structure
If rate of any or all of the statutory taxes and duties applicable to the contract changes, such
changes shall be incorporated by default if the changes occur within the contract execution
time and shall be applicable if the contract is executed by the Associate within the Contract
Execution Time.
For execution of contracts beyond contract execution time, where the delay is not
attributable to TPSODL no upward revision in tax /duties shall be considered irrespective of
changes in the statutory tax structure either within the contract execution time or beyond.
However, in such cases, benefits due to any downward revisions in statutory tax rates shall
be passed on to TPSODL.
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triplicate at Bill Inward Receipt Desk (BIRD) / Invoice Desk / Office of CFO, TPSODL located
at TPSODL Corporate Office, Kamapally, Courtpeta, Berhampur, District Ganjam ,Odisha,
India – 760 004
Contract Value More than 5 lakhs Monthly Running Bill & One Final Bill
All Bills shall be processed only when all bank Guarantees are in place and before payments
of Final Bill Associate have to furnish NDC.
▪ For PO/RC values less than Rs. 5 lacs, Associate may request for deduction of amount
equivalent to SPBG value from their first invoice. Such amount shall be withheld by
TPSODL while processing the invoice and shall be released after completion of
Guarantee Period plus one month.
▪ For PO/RC values less than Rs. 3 lacs, the clause (8.0) for Security cum Performance
Bank Guarantee (SPBG) shall not be applicable.
▪ In case of RC (Rate Contract) after the expiry of RC validity, Associate shall have to
submit SPBG. However, the Associate has the option to re-submit the SPBG as per
actual RO (Release Order) value issued against the RC, valid for Guarantee Period plus
one month. The Guarantee Period shall be considered as per the last RO issued against
the said RC. The original SPBG as submitted against the RC shall be released on
submission of the new SPBG to TPSODL. Alternatively, Associate may extend the
validity of original SPBG only till the requisite period, i.e. Guarantee Period plus one
month.
9.0 STATUTORY COMPLIANCE
9.1 Compliance to Various Acts
Associate should ensure adherence to all applicable laws, rules and regulation applicable
under this contract from time to time. In case of violation any risk, costs etc shall be in
associates account and keep TPSODL indemnified always till completion of contracts.
9.2 Social Accountability
TPSODL expects its Associates to follow guidelines of best practices on the following
aspects
1. Child Labour
2. Forced or Compulsory Labour
3. Health & Safety
4. Freedom of Association & Right to Collective Bargaining
5. Discrimination
6. Disciplinary Practices
7. Working Hours
8. Remuneration
9. Management System
9.3 Affirmative Action
TPSODL appreciate and welcome the engagement/employment of persons from SC/ST
community or any other deprived section of society by their business associates.
Relaxation in Contract Clauses under Affirmative Action for SC/ ST Business
Associates**
TPSODL believes that inclusive growth is the key to sustainable development, and to
promote the same Policy on Affirmative Action for Scheduled Caste & Scheduled Tribe
Communities has been adopted across the company.
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Under the same pre-text, and to promote entrepreneurship among SC/ST community
TPSODL has taken initiative by proposing relaxations in contract clauses as per below:
S. Guideline
Initiative for SC/ ST BA’s
No. Document
1 Tender Fees 100% waiver for SC/ST community All Open Tenders
Earnest Money 50 % relaxation of estimated EMD All limited and Open
2
Deposit value Tenders
25% relaxation in PBG for order
Performance Bank All limited and Open
3 value above 50 lacs else 50%
Guarantee tenders
relaxation
25% relaxation in company turnover
4 Turnover All Open Tenders
under qualifying requirement criteria
**Classification of BAs under SC/ST shall be governed under following guidelines:
▪ Proprietorship/ Single Ownership Firm: Proprietor of the firm should be from SC/ST
community. Governing document shall be duly audited balance Sheet for the last FY
bearing the name of proprietor.
▪ Partnership Firm: Only such firms shall qualify which have SC/ST partners holding equal
to or more than 50% of the total ownership pattern of the firm. Governing document shall
be Partnership Deed and audited balance sheet/ ITR for last FY.
▪ Private limited company: Only such firms shall qualify which have SC/ST directors
holding equal to or more than 50% of the total ownership pattern of the firm. Governing
document shall be Memorandum of Understanding (MoU) and/or Article of Association
(AoA).
## Certification from SC/ST commission shall be required for deciding upon SC/ST status of
a person.
9.4 Preferential norms for procurement from MSMEs registered in the State of Odisha
i. MSME Business Associate registered in the State of Odisha is requested to inform
the TPSODL if they fall under provisions of the Micro, Small and Medium Enterprises
(MSME) Category and provide necessary documents to TPSODL. The Associate
also needs to mention the relevant details on their invoice / bill.
ii. MSME Business Associate registered in the State of Odisha shall submit the self-
undertaking of registration in MSME category at the time of bidding as well as on an
annual basis to TPSODL, enabling them to avail the consequent benefits, failing
which TPSODL may take appropriate action against such defaults.
iii. Tender Fees - To participate in the tender, MSMEs registered in the State of Odisha
shall pay Rs.1,000/- including GST towards cost of tender paper.
iv. Earnest Money Deposit (EMD) - EMD shall be exempted for MSME registered in
the State of Odisha. However, Bidder shall be barred to participate in the tendering
process for a period of 2 years in case it backs out post award of the contract.
v. Qualification Requirement for Open Tenders
Qualification Requirement of Financial Turnover for MSME registered in the State of
Odisha shall be reduced to 20% of the existing criteria.
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BA is liable to follow the Construction and Demolition Waste Management Rules- 2016,
Environment (Protection) Amendment Rules- 2018 and Guidelines on dust mitigation
measures in handling construction material and C&D wastes issued by CPCB.
Following are some main points of above Rules/Guidelines for Construction work, cable
laying jobs etc.
10.0 QUALITY
10.1 Knowledge of Requirements
The Associate shall be deemed to have carefully examined and to have knowledge of the
equipment, the general and other conditions, specifications, schedules, drawings, etc.
forming part of the Contract and also to have satisfied himself as to the nature and character
of the work to be executed and the type of the equipment and duties required including
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wherever necessary of the site conditions and relevant matters and details. Any information
thus procured or otherwise obtained from TPSODL/Consultants shall not in any way relieve
the Associate from his responsibility and executing the works in accordance with the terms
of contract.
10.2 Material/Equipment/Works Quality
The items / works under the scope of the Associate shall be of the best quality and
workmanship according to the latest engineering practice and shall be manufactured from
materials of best quality considering strength and durability for their best performance and, in
any case, in accordance with the specifications set forth in this Contract. All material shall be
new. Substitution of specified material or variation from the process of
fabrication/construction/manufacture may be permitted but only with the prior written
approval of the TPSODL.
10.3 Adherence to Rules & Regulations
The Associate shall procure and/or fabricate/erect all materials and equipment in
accordance with all requirements of Central and State enactment, rules and regulations
governing such work in India and at site. This shall not be construed as relieving the
Associate from complying with any requirement of TPSODL as enumerated in the Contract
which may be more rigid than and not contrary to the above mentioned rules, nor providing
such construction as may be required by the above mentioned rules and regulations. In
case of variance of the Technical Specification from the laws, ordinance, rules and
regulations governing the work, the Associate shall immediately notify the same to the
TPSODL. It is the sole responsibility of the Associate, however, to determine that such
variance exists. Wherever required by rules and regulations, the Associate shall also obtain
the statutory authorities' approval for the plant, machinery and equipment to be supplied by
the Associate.
▪ Safety of equipment/Assets.
▪ Timely Completion of Contract.
Safety related requirements as mentioned in our Contractor Safety Management System is
attached as annexure L and is an integral part of this GCC.
12.0 INSPECTION/PARTICIPATION
12.1 Right to Carry Out Inspection
TPSODL reserves the right to send its representatives for inspection or participation at
various stages of contract execution listed below, applicable as per contract construction.
▪ During basic design and detail engineering of material/ Equipment carried out by
Associate /Outsourced Agencies.
▪ During manufacturing stages of the product at Associate’s/Associate’s Outsourced
Agency’s Plant/Facility.
▪ During Pre-dispatch Inspection and Testing of finished/manufactured product at
Associate’s/Associate’s outsourced Agency’s Plant/Facility.
▪ During Installation & Commissioning Activities/Stages.
▪ Prior to Clearing of the completed installation for commissioning.
▪ Any other stage as find appropriate by TPSODL during contract execution time.
All inspections and participations shall be carried out within maximum of two weeks of
TPSODL giving written intimation to the Associate or receiving appropriate advance written
inspection call from the Associate, unless otherwise specified elsewhere in the contract
document.
Before raising the call for pre-dispatch final inspection and testing, the Associate shall
conduct all the tests—type tests, routine tests etc.-as specified in the contract document and
submit copies of the test certificates to TPSODL along with the inspection call, for scrutiny of
TPSODL.
The Associate and TPSODL shall jointly document all the observations, comments and
action points after completion of inspection and it shall be binding on the Associate to
provide compliance on all the points requiring compliance and furnish the compliance report
to the designated authority of TPSODL for receiving clearance for dispatch of materials.
12.3 Third Party Nomination
TPSODL also may nominate a third party for the purpose of carrying out the inspection and
such an agency shall be entitled to all the rights and privileges of TPSODL as far as
conducting the inspection.
12.4 Waiver of Inspections
TPSODL on its own discretion shall chose to waive off any inspection and ask the Associate
to submit all the test reports as applicable as per contract specifications, related to
inspection and testing of the goods ordered for scrutiny and clearance for dispatch.
12.5 Incorrect Inspection Call
In case it is observed that the material offered for inspection is not ready at the time of
TPSODL inspection visit rendering it as futile, all costs towards such inspection shall be
recovered from the BA. Taxes as applicable on such recoveries shall be borne by the BA.
All packing cases, containers, packing and other similar materials shall be new and supplied
free by the associate and it shall not be required to be returned to the associate.
Notwithstanding anything stated in this clause, the associate shall be entirely responsible for
loss, damage or depreciation or deterioration to the materials and supplies due to faulty
and/or insecure packing or otherwise during transportation to the Site until otherwise
provided herein.
In case of the consignments dispatched by road, the associate shall ensure that it or its sub-
contractors:
i) Identify and obtain the correct type of trucks/trailers, keeping in view the nature of
consignments to be dispatched.
ii) Take such actions as may be necessary to avoid all possible chances of damages during
transit and to ensure that all packages are firmly secured.
Timelines for inspection and MDCC is as below:
S. MDCC issuance time including
Inspection
No. inspection time (max.)
1 Outside Berhampur 12 days
2 Within Berhampur 5 days
3 Waiver* 3 working days
* Associate is expected to raise the inspection call assuming that Inspection shall be carried
out by TPSODL. The decision for waiver of inspection shall be on sole discretion of
TPSODL.
13.2 Right to Rejection on Receipt
Goods/Material/Equipment delivered in condition physically damaged & incomplete as a
product ordered, or not packed and transported as per the terms and conditions of the
contract is liable to be rejected. Such item shall be lifted back by Associates within 15 days
from receipt of rejection note from TPSODL and have to supply back the material within next
30 days or within the timeframe mutually decided by Associate and TPSODL.
If delivery of the material is beyond the agreed time, Liquidated damage clause, mentioned
in this GCC separately shall be applicable; but the period for levy of LD shall be considered
as per the original delivery schedule and not from the agreed timelines for material
rectification.
13.3 Consignee
Unless otherwise specified in the Contract Document / Purchase Order/ Release Order,
Materials/Goods/Equipment shall be consigned to “Stores-In-Charge”, TPSODL Berhampur
13.4 Submission of mandatory documents on Delivery
Following documents shall be mandatorily submitted by BA along with supply of material to
TPSODL stores/site:
S. No. Instructions
1 Purchase order/ Release order no. shall be mentioned on invoice and on material
TPSODL material code and material description shall be mentioned in invoice and
2
on material.
3 “Property of TPSODL” shall be embossed on material.
The material shall be properly sealed and packed in standard packing as per
4
purchase order terms & conditions.
5 The weight and quantity of material shall be mentioned wherever applicable
standard specifications are not part of contract documents or guarantee period is not
specified in the standard specifications,, the guarantee period shall be as per the Special
Terms and Conditions of the Contract. In case of no mention of the guarantee period in
standard specifications or SCC, Guarantee Period will be 15 Months from the Date of
Commissioning or 24 months from the date of delivery of final lot of supplies made,
whichever is earlier.
14.3 Failure in Guarantee Period (GP)
If the equipment and material supplied/service or work rendered under the contract fails to
perform its due, rated & intended quality performance, during the Guarantee period, the
associate is liable to undertake repair/rectify/replace the equipment and material
supplied/service or work rendered under the contract within time frame specified in the SCC
or elsewhere in the contract documents at associate’s cost to make the equipment and
material supplied/service or work rendered under the contract of performing its due, rated
and intended quality performance. If Associate fails to repair/rectify/replace the equipment or
material supplied/service or work rendered under the contract, failed in Guarantee Period,
TPSODL will be at liberty to get the same done at Associate’s risks and costs and recover all
such expenses plus the TPSODL’s own charges (@ 20% of expenses incurred), from the
Associate or from the “Security cum Performance Deposit” as the case may be.
If during the Warranty/ Guarantee period some parts of the supplies are replaced owing to
the defects/ damages under the Warranty, the Warranty period for such replaced parts shall
be until the expiry of twelve months from the date of such replacement or renewal or until the
end of original Guarantee period, whichever is later.
Any repairs during the Guarantee Period shall be carried out by the Associate within 30 days
of reporting the issue to Associate by TPSODL. However, if replacement of the Equipment is
required, Associate shall notify the same to TPSODL within 7 days of reporting the issue by
TPSODL. Thereafter, the total time for supply of new equipment/ material shall be equal to
the original delivery period of that equipment/ material as specified in the Contract. In case
the Associate is not able to rectify/ replace the faulty equipment/ material within the
stipulated timelines as mentioned above, penalty shall be levied as per the Liquidated
Damages clause mentioned in this document. The penalty amount shall be recovered from
the payment due to the vendor or by encashment of the SPBG as the case may be.
14.4 Cost of repairs on failure in GP
The cost of repairs/rectification /replacement, apart from the actual cost of
repairs/rectification/replacement is also inclusive of all associate costs of required
transportation, site inspection /mobilization/dismantling and re-installation costs as
applicable, to be borne by the Associate. The Associate has to ensure that the interruption in
the usage of intended purpose of the equipment is minimized to the maximum extent In lieu
of the time taken for repairs/rectification/replacement.
additional guarantee period if provided by the third party for the part supplied/executed by
them.
14.6 Latent Defect
Hidden defects in manufacturing or design of the product supplied and which could not be
identified by the tests conducted but later manifested during operation of the equipment are
termed as latent defects. Associates shall further be responsible for ‘free replacement’ for
another period of THREE years from the end of the guarantee period for any ‘Latent Defects’
if noticed and reported by the Company.
14.7 Support beyond the Guarantee Period
The Associate shall ensure availability of spares and necessary support for a period of at
least 10 years post completion of guarantee period of equipment supplied against the
contract.
15.0 LIQUIDATED DAMAGES
Liquidated damages @1% of the total executed contract value per week or part thereof, for
the period of delay in integrated completion, subject to maximum 10% of the value of the
contract shall become leviable without prejudice to other rights of the TPSODL. This amount
shall be recoverable from any amount due or becoming due to the Business Associates
under this or any other contract. In specific cases, TPSODL reserves the right to apply LD
only on the unexecuted portion of the supply and works for standalone use, provided full
quantity is executed within a maximum 30% additional time. Deduction of LD shall be on
landed cost i.e. contract value inclusive of taxes and in pursuant statutory compliance GST
would be applicable at the stipulated rate and the same shall be borne by Business
Associate. In case of LD deduction, a GST invoice shall be issued by TPSODL as a proof of
deduction/ recovery.
15.1 LD Waiver Request
Any request of LD waiver shall be submitted within thirty (30) days of deducting LD. Request
submitted beyond the timeline shall not be entertained.
In case of any recoveries for materials or services (for material free issued by TPSODL and
not reconciled by BA or for services claimed and paid in excess at the time of running bills),
the total cost which shall be recovered from the BA, shall be the gross amount of material or
services (i.e. including taxes) plus applicable taxes as prevailing at the time of such
recoveries.
▪ Shall ensure that outsourced suppliers comply with the technical and financial
qualification requirements specified by TPSODL in the contract document
▪ Shall furnish all particulars about the proposed outsourcing agencies and the details of
the goods/services/work outsourced to the Associate while seeking approval of TPSODL
for inclusion for outsourcing. The Associate shall give approval or shall refuse approval
in writing within thirty (30) days of receipt of such request. However, the Associate shall
not be entitled for any additional contract execution time whatsoever in lieu of the
process for approval for outsourcing agencies and shall be held responsible for any
delay in the project execution time.
▪ Shall remain jointly and severally liable for any action, deficiency, and/or negligence on
the part of his outsourcing agencies. The approval extended by the Associate to
outsourcing agencies recommended by the Associate shall not discharge the later from
his Contract obligations.
Shall submit to the Associate unpriced copies of purchase orders with technical
specifications included in the orders, placed on outsourcing agencies as soon as the
respective orders have been placed by the Associate.
TPSODL and upon execution of confidentiality agreements satisfactory to the TPSODL with
such third parties prior to disclosure.
18.3 Associate’s Processes
Title to secret processes if any developed by the Associate on an exclusive basis and
employed in the design of the equipment shall remain with the Associate. TPSODL shall
hold in confidence such processes and shall not disclose such processes to the third parties
without prior approval of the Associate and execution by such third parties of secrecy
agreements satisfactory to the Associate prior to disclosure. Upon completion of contract,
such processes shall become the property of the TPSODL. Title to technical specifications,
drawings, flow sheets, norms, calculations, diagrams, interpretations of test results,
schematics, layouts and such other information, which the Associate has supplied to the
TPSODL under the Contract shall be passed on to the TPSODL. The TPSODL shall have
the right to use these for construction, erection, start-up, Trial Run, operation, maintenance,
modifications and/or expansion of the works including for the manufacture of spare parts.
18.4 Exclusions
The provision of Clauses 16.1 to 16.3 shall not apply to information:
▪ Which at the time of disclosure are in the public domain which later on become part of
public domain through no fault of the party concerned, or
▪ Which were in the possession of the party concerned prior to disclosure to him by the
other party, or
▪ Which were received by the party concerned after the time of disclosure without
restriction on disclosure or use, from a third party who did not acquire such information
directly or indirectly from the other party or has no obligation of confidentiality for such
information.
18.5 Violation
In case of violation of this clause, the Associate is liable to pay compensation and damages
as may be determined by the competent authority of TPSODL.
19.0 INTELLECTUAL PROPERTY RIGHTS
If, in the course of performance of its functions and duties as envisaged by the scope of the
present GCC, the Associate acquires or develops, any unique knowledge or information
which would be covered, or, is likely to be covered within the definition of a trademark,
copyright, patent, business secret, geographical indication or any other form of intellectual
property right, it shall be obliged, under the terms of this present GCC, to share such
knowledge or information with the TPSODL. All rights, with respect to, or arising from such
intellectual property, as afore mentioned, shall solely vest in TPSODL.
Moreover, the Associate undertakes not to breach any intellectual property right vesting in a
third party/parties, whether by breach of statutory provision, passing off, or otherwise. In the
event of any such breach, the Associate shall be wholly liable to compensate, indemnify or
make good any loss suffered by such third party/parties, or any compensation/damages
arising from any legal proceeding/s, or otherwise. No liability of TPSODL shall arise in this
respect, and any costs, damages, expenses, compensation payable by TPSODL in this
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20.0 INDEMNITY
The Associate shall at all times indemnify, keep indemnified and hold harmless the TPSODL
and its officers, directors, employees, affiliates, agents, successors and assigns against all
actions, claims, demands, costs, charges and expenses arising from or incurred by reason
of any infringement of patent, trade mark, registered design, copy rights and/or industrial
property rights by manufacture, sale or use of the equipment supplied by the Associate
whether or not the TPSODL is held liable for by any court judgement. In this connection, the
TPSODL shall pass on all claims made against him to the Associate for settlement.
The Associate assumes responsibility for and shall indemnify and save harmless the
TPSODL from all liability, claims, costs, expenses, taxes and assessments including
penalties, punitive damages, attorney's fees and court costs which are or may be required to
be paid by the TPSODL and its officers, directors, employees, affiliates, agents, successors
and assigns arising from any breach of the Associate’s obligations under the Contract or for
which the Associate has assumed responsibilities under the Contract including those
imposed under any local or national law or laws, or in respect to all salaries, wages or other
compensation for all persons employed by the Associate or his Sub-Associates or suppliers
in connection with the performance of any work covered by the Contract. The Associate
shall execute, deliver and shall cause his Sub-Associate and suppliers to execute and
deliver, such other further instruments and to comply with all the requirements of such laws
and regulation as may be necessary there under to conform and effectuate the Contract and
to protect the TPSODL.
The TPSODL shall not be held responsible for any accident or damages incurred or claims
arising, due to the Associate’s error there from prior to completion of work. The Associate
shall be liable for such accidents and after completion of work for such accidents as the case
may be due to negligence on his part to carry out Work in accordance with Indian laws and
regulations and the specifications set forth herein.
21.0 LIABILITY & LIMITATIONS
21.1 Liability
Except for any specific liability which may be identified in the Contract and which may be
payable hereunder, Associate shall not be liable for any special, incidental, indirect, or
consequential Damages or any loss of business Contracts, revenues or other financial loss
(or equivalents thereof no matter how claimed, computed or characterized) arising out of or
in connection with the Performance of the Work or supply of Goods unless caused by
Associate’s negligence, willful misconduct or breach of contract.
TPSODL shall have no liability or any special, incidental, indirect or consequential Damages
for any loss of Business Contracts, revenues or other financial loss arising out of this
Contract.
21.2 Limitation of Liability
The total liability of Associate against any contract shall be limited to the Total All Inclusive
Contract Value.
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ii) Associate shall ensure that no further steps are being taken towards discharge of the
obligations, terms and conditions as contained in the contract/PO. This shall include initiation
of actions not limited to discontinuation of other allied and associated arrangements which
the associate might have entered with third parties for due discharge of its obligations under
the contract with TPSODL.
iii) The Associate shall perform thereafter such tasks as may be necessary to preserve and
protect the terminated portion of the material/service/work in progress and the materials and
equipment at TPSODL sites or in transit thereto. However, the associate shall continue to
fulfill its contractual obligations with regard to the part of contract not terminated.
iv) It shall be open for TPSODL to conduct a joint assessment with the associate of the
material ,supplies, equipment ,works or in general as to the subject matter of the contract in
regard to which the associate claims having completed its obligations before or during such
termination.
v) It shall be open to TPSODL to seek invocation of the performance bank guarantee or any
other guarantee or other security deposit by whatever name called submitted by the
associate, which shall not be objected to or protested by the associate.
In case of termination of the contract the parties agree to be governed inter alia by the
following:
a) In case TPSODL exercises its right of termination as stated above the associate shall not
dispute or object to the same.
b) The Associate shall be entitled to receive and claim only such payments OR sums of
money from TPSODL as may be found payable to it in regard to works executed by it under
the terms of the contract and no other claim of any nature whatsoever shall be made by the
Associate.
c) All such provisions which the parties have agreed to survive and prevail even after
termination of the contract shall remain effective despite the termination.
In the event of such termination, TPSODL may finish the Work by whatever method it may
deem expedient, including the hiring of services and /or purchase of material equipment from
such third parties as TPSODL may deem fit or may itself provide any labor or materials and
perform any part of the Work. The associate undertakes to bear the incremental costs if
any paid by TPSODL in such a case attributable to failure on the part of the associate. The
Associate in such a case shall not be entitled to receive any further payments and any sums
found payable to it may be adjusted by TPSODL against the amount recoverable from him
on this ground. The same shall be without prejudice to other rights available to TPSODL
under law against the associate.
Upon the termination of any of the contract due to occurrence of any circumstances provided
in clauses stated above and constituting repeated breach or misconduct , TPSODL shall be
entitled to bar the associates its agents , affiliates from undertaking any negotiation /
tendering, bidding, participation activities concerning TPSODL for a period of two years from
date of such termination. The same shall be without prejudice to other rights available to
TPSODL.
24.2 Termination for convenience of Associate
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Associate at its convenience may request for termination of contract, clearly assigning the
reason for such request. TPSODL has full right to accept, reject or partially accept such
request. This convenience will be available to associate only after one year from the contract
effective date. For this purpose, associate will provide a notice period of 90 days to
TPSODL, Associate will have to pay TPSODL a ‘termination convenience fee’ equivalent to
5% of unexecuted contract value.
24.3 Termination for Convenience of TPSODL
TPSODL at its sole discretion may terminate the contract by giving 30 days prior notice in
writing or through email to the Associate. TPSODL shall pay the Associate for all the
supplies/ services rendered till the actual date of contract termination against submission of
invoice by the Associate to that effect.
25.0 DISPUTE RESOLUTION & ARBITRATION
In case of any dispute or difference the parties shall endeavor to resolve the same through
conciliatory and amicable measures within 15 Days failing which the matter may be referred
by either party for resolution by the sole arbitrator to be appointed mutually by both the
parties. The arbitral proceedings shall be conducted in accordance with Arbitration and
Conciliation Act 1996 and the place of arbitration shall be Berhampur. The language to be
used at proceedings shall be English and the award of the arbitrator shall be final and
binding on the parties. The parties shall bear their respective costs of arbitration. The
associate shall continue to discharge its obligations towards due performance of the works
as per the terms of the contract during the arbitration proceedings unless otherwise directed
in writing by TPSODL or suspended by the arbitrator. Further, TPSODL shall continue
making such payments as may be found due and payable to the associate for such works.
25.1 Governing law and jurisdiction
The parties shall be subject to the jurisdiction of the courts of law in Berhampur and any
matter arising here from shall be subject to applicable law in force in India.
The Associate shall arrange accident insurance policy for his foreign
experts/specialists/personnel deputed to Site and Associate's/his sub-Associates'
manufacturing works as well as for his Indian engineers and supervisory staff. The Associate
shall also take out for his Indian workmen, where applicable, a separate policy as required
under Workmen's Compensation Act.
Associates shall be responsible to suitably insure their entire work-force (to the extent of at
least meeting requirements under Workmen Compensation Act) Tools, Plant, Third party
liability at the project site, All Risk comprehensive insurance for the entire works (insurance
for free issue items will be in TPSODL scope) for total contract (PO/RO) value or any other
such risks during execution of works, till the works are handed over to the company, in
consultation with TPSODL and shall submit copies of such insurances to the Engineer-in-
Charge for review / acceptance before commencing the work. Engineer-in-charge must
ensure compliance to insurance requirement by Associate before commencement of works.
TPSODL shall stand fully indemnified in this respect.
BA will also ensure purchase of Special Covid Insurance policy of ₹ 5 lacs for the
legal heir(s) of deceased BA employees (in case of death due to Covid- 19)
BA shall be required to purchase the policy immediately post receipt of LOI / Work
Order.
ii. If it is found that the BA employee(s) is/are not covered under the purview of Special
Covid Insurance Policy, the concerned BA shall be liable to pay the entire sum of ₹
5,00,000/-.
iii. Cost of the Covid Insurance policy shall be borne @50% each by the BA and
TPSODL. BA will be reimbursed @50% of the Annual Premium based on the original
money receipt and policy copy.
iv. TPSODL HR department will be the overall process owner and BA shall be required
to coordinate with TPSODL HR department for policy implementation immediately
post receipt of LOI / Work Order.
i. It is mandatorily required to take the GPA policy coverage of ₹ 15 Lacs by the BA for
his employees from a reputed insurance agency.
ii. TPSODL HR department will be the overall process owner and BA shall be required to
coordinate with TPSODL HR department for policy implementation immediately post
receipt of LOI / Work Order.
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ANNEXURE-A
ANNEXURE-B
PROFORMA FOR ADVANCE PAYMENT BANK GUARANTEE
(On Rs.100/- Stamp Paper)
Note:
(a) Format shall be followed in toto
(b) Claim period of six months must be kept up
(c) The guarantee to be accompanied by the covering letter from the bank confirming the
signature to the guarantee
---------------------------------------------------------------------------------------------------------------------------
---------
TP Southern Odisha Distribution Limited
Berhampur
Advance Payment B.G.No……………………
Contract No…………………dated……………
1. You have entered into a Contract
No________________________________________ with
M/s._________________________________________ (hereinafter referred to as “the
Vendor”) for the supply and delivery of ________________________________
(hereinafter referred to as" the said Equipment”) for the price and on the terms and
conditions contained in the said contract.
2. In accordance with the terms of the said contract, you have agreed to make an advance
payment of Rs._______________
(Rupees_____________________________________ only) being _______%
(________percent) of the total value of the contract on “the Vendor” furnishing you with
an irrevocable, unconditional and acceptable bank guarantee to be valid till the date of
receipt of “the said equipment” covered by your above mentioned contract. For this
purpose you have agreed to accept our guarantee.
3. In consideration thereof, we, __________________________________________
hereby irrevocably and unconditionally guarantee to pay to you on demand but in any
case before the end of five working days from the date of the claim and without demur
and without reference to “the Vendor” such amount or amounts not exceeding the sum
of Rs.___________ (Rupees ___________________________________ only) being
______% (______percent) of the total value of the contract on receipt of your intimating
that “the Vendor” has not fulfilled his contractual obligations. You shall be the sole
judge for such non-fulfillment and “the Vendor” shall have no right to question such
judgment.
4. You shall have the right to file / make your claim on us under the guarantee for a further
period of three months from the date of expiry.
5. This guarantee shall not be revoked without express consent and shall not be affected
by your granting time or any other indulgence to “the Vendor”, which shall include but
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 38 of 105
not be limited to, postponement from time to time of the exercise the same in you or any
right which you may have against “the Vendor” and to exercise the same in any
covenant contained or implied in the said contract or any other course or remedy or
security available to you, and our Bank shall not be released from its obligations under
this guarantee by your exercising any of your rights with reference to matters aforesaid
or any of them or by reasons of any other act or forbearance or other acts of omission
or commission on your part or any other indulgence shown by you or by any other
matter or thing whatsoever which under the law would, but for this provision have the
effect of relieving our bank from its obligation under this guarantee.
6. We also agree that you shall be entitled at your option to enforce this guarantee against
our bank as a principal debtor, in the first instance, notwithstanding any other security or
guarantee that you may have in relation to “the Vendor’s” liabilities in respect of the
premises
7. This guarantee shall not be affected by any change in the constitution of our Bank or
“the Vendor” or for any other reason whatsoever.
8. Any claim / extension under the guarantee can be lodge-able at Berhampur branch of
the bank. However, in specific scenario, where Treasury Branch of the bank is not
available at Berhampur, then any claim / extension under the guarantee can be lodge-
able at Bhubaneswar branch of the bank.
9. Notwithstanding anything herein contained, our liability under this guarantee is limited to
Rs.___________________
(Rupees___________________________________________ only) and the guarantee
will remain in force up to and including _________(Date) and shall be extended from
time to time for such period or period as may be desired by “the Vendor”.
10. Unless a demand or claim under this guarantee is received by us in writing within one
month from____________ (expiry date) i.e. on or before _____________ (claim period
end date), we shall be discharged from all liabilities under this guarantee thereafter.
Dated at ___________________this _______________ day of ___________ 200_____
Witness
Bank’s rubber stamp
1. ________________________ Banks full address
Designation of Signatory
2. ________________________ Bank official number
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 39 of 105
ANNEXURE- C
Note:
(c) The guarantee to be accompanied by the covering letter from the bank confirming the
signature to the guarantee
---------------------------------------------------------------------------------------------------------------------------
Berhampur
CP cum EP BG No.…………………………….
Order/Contract No…………………dated……………
any of them or by reasons of any other act or forbearance or other acts of omission or
commission on your part or any other indulgence shown by you or by any other matter or
thing whatsoever which under the law would, but for this provision have the effect of
relieving our bank from its obligation under this guarantee.
6. We also agree that you shall be entitled at your option to enforce this guarantee against
our bank as a principal debtor, in the first instance, notwithstanding any other security or
guarantee that you may have in relation to “the Vendor’s” liabilities in respect of the
premises
7. This guarantee shall not be affected by any change in the constitution of our Bank or “the
Vendor” or for any other reason whatsoever.
8. Any claim / extension under the guarantee can be lodge-able at Berhampur branch of
the bank. However, in specific scenario, where Treasury Branch of the bank is not
available at Berhampur, then any claim / extension under the guarantee can be lodge-
able at Bhubaneswar branch of the bank.
9. Notwithstanding anything herein contained, our liability under this guarantee is limited to
Rs.___________________ (Rupees________________________________________
only and the guarantee will remain in force up to and including _________(Date) and
shall be extended from time to time for such period or period as may be desired by “the
Vendor”.
10. Unless a demand or claim under this guarantee is received by us in writing within one
months from____________ (expiry date) i.e. on or before _____________ (claim period
end date), we shall be discharged from all liabilities under this guarantee thereafter.
Witness
Designation of Signatory
ANNEXURE-D
Dated
We are issuing this “NO DEMAND CERTIFICATE” in favor of TPSODL, with full knowledge
and with our free consent without any undue influence, misrepresentation, coercion etc.
Dated Signature
Place Name
Designation
(Company Seal)
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Rev. No 3 Page 42 of 105
ANNEXURE – E
PROFORMA FOR “INDEMNIFICATION ON STATUTORY COMPLIANCES”
(To be submitted by the successful Bidder within seven days of award of work)
(Certificate No. CCP/001)
Name of the Project
Letter of Award / Contract No.
Dated
Name of the Associate
Scheme No. / Job No.
By this confirmation we, ___________________________________________________
(Associate) are formally bound to M/s. TPSODL towards any sum which may be imposed,
levied or hereinafter recovered by the Provident Fund Organization under the provisions of
the Employees of the Provident Fund and Miscellaneous Provisions Act 1952 in respect of
employees employed by us.
We well and truly bind ourselves and our heirs executors administrators and representatives
jointly severely and respectively for the above payment only to be paid to M/s. TPSODL.
AND WHEREAS we, _______________________________________________ (Associate)
is making compliance of the Employees Provident Fund and Miscellaneous Provisions Act
1952, have entered into the above written bond for the indemnity to M/s. TPSODL against all
losses from the acts or default of the said Associate in respect of compliance of the
Provident Fund Act.
Similarly, we hereby confirm that we have complied with all statutory and local laws and
nothing is outstanding with regard to Local Sales Tax, Labor Laws, Local Municipal dues,
Electricity dues etc. We have entered into the above written bond for the indemnity to M/s.
TPSODL against all losses from the acts or default of the said Associate in respect of
compliance of the Local Sales Tax Laws, Local Laws, Labor Laws, Local Municipal Dues,
Electricity dues etc.
NOW THE CONDITION, of the above written bond is as such that if the Associate during the
period of this contract commits any default or fails to make payment of Contributions in
respect of his employees to the Employees Provident Fund Organization, he shall indemnify
the Principal Employer M/s. TPSODL from all and every loss and damage caused to them
from any act, omissions or negligence of the said Associate in respect of compliances under
the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
IN WITNESS to the above written bond we have here to set our hands, with our free
consent.
Dated Signature
Place Name
Designation (Company Seal)
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 43 of 105
ANNEXURE-F
To,
Berhampur
Sub: Application for issuance of Consolidated TDS Certificate for the FY _________
Dear Sir,
I / we hereby request / authorize you to issue me / us a consolidate TDS Certificate for the
financial year _______ against tax deducted at source by you from my / our payments / bills
during the said year from time to time under Chapter XVII – B of the Income Tax Act, 1961.
Signature
Name
Address
(Mobile)
PAN #
Assessing authority
ANNEXURE - G
1.0 The following shall be adhered to by the Business Associates during his / its
association with TPSODL:
a) Integrity – We must conduct our business fairly, with honesty and transparency. Everything
we do must stand the test of public scrutiny.
b) Understanding – We must be caring, show respect, compassion and humanity to our
colleagues and customers and always work for the benefit of the communities we serve.
c) Excellence – We must constantly strive to achieve the highest possible standards in our day
to day work and in the quality of services we provide.
d) Unity – We must work cohesively with our colleagues across the group and with our
customers and partners to build strong relationships based on tolerance, understanding and
mutual co-operation.
e) Responsibility – We must continue to be responsible and sensitive to the communities and
environments in which we work and always ensuring that what comes from the people; goes
back to the people many times over.
f) Agility- We must work in a speedy and responsive manner and be proactive and innovative
in our approach.
2.0 The Business Associate / his manager / supervisor who is responsible for managing
the project site / performance contract etc. in TPSODL would also ensure adherence
of these values by his employees / persons deployed by him in connection with his
works undertaken in TPSODL.
3.0 The Business Associates are required to:
a) Support and respect the protection of human rights and make sure that they are not
complicit in human right abuses.
b) Respect freedom of association and effective recognition of the right to collective
bargaining.
c) Not to resort to any form of forced and compulsory labour.
d) Shall ensure abolition of child labour in his area of work.
e) There is no discrimination in respect of employment and occupation in respect of his
employees.
f) Support precautionary approach to environmental challenges.
g) Promote greater environmental responsibility by himself and his employees in his
areas of work.
h) Deploy and defuse environmental friendly technologies while carrying out the works.
i) Work against corruptions in all its form including extortion and bribery by himself and
his employees.
4.0 The Business Associates are required to adhere to all applicable labour Laws with
special reference to the following:
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a) No person below the age of 18 years and no child labour will be engaged directly or
indirectly for executing the work connected with the business of TPSODL.
b) Minimum wages along with other statutory dues like PF, ESI, etc. as applicable to the
workers shall be made within the prescribed period of 7th / 10th day of the following month.
c) Deduction / deposit / record keeping and all other requirements under Employees PF Act
1952, Employees State Insurance Act 1948 and other applicable acts (if any) shall be
adhered to.
d) Only statutorily authorized deductions (if any) shall be made in accordance with the
relevant statutes.
e) All the provisions of Contract Labour (R&A) Act 1970 shall be complied with in respect of
the workers engaged for TPSODL work. The work will be commenced only after completing
necessary formalities for obtaining Labour License (if applicable).
f) Necessary registers / records, filing of returns etc. shall be maintained for verification by
Statutory / TPSODL authorities.
g) Payment of wages shall be made only in presence of and with certification of authorized
representative of TPSODL or shall be made in the form of cheque / bank transfer to the
employee.
h) During the period of contract, the Business Associate will arrange for deployment of his
supervisor / manager for total supervision and control of the work and their manpower. All
the activities related to their manpower e.g. attendance, leave, wage disbursement etc. will
be done under the supervision & control of Business Associates, while adhering to the
prescribed standard / norms of production / productivity & quality. During execution of the
work, Business Associate shall engage only such qualified / skilled manpower as may be
envisaged / required for ensuring level of production / service into the contract / work order.
i) Clearances as follows shall be obtained from IR & Welfare Group:
i. Clearance for commencement (before start of the work).
ii. No Objection Certificate (after completion / before final settlement).
iii. Copies of PF / ESI Challans shall be deposited with IR & Welfare Group every month
j) The Business Associate shall indemnify TPSODL from any liabilities under applicable
Labour Statutes.
k) The Business Associate shall ensure safety and health of his employees and shall also
maintain hygienic working environment / condition in his area of work.
l) The Business Associate and his employee shall abide by Laws of Land and shall not
violate any applicable provisions.
m) The Business Associate appreciates with and acquiesces to the right of TPSODL as
principal employer to fulfil any of his legal obligations, if he fails to do so under applicable
labour laws and deduct the same from his running bills / final payments / enchasing security
deposit / Bank Guarantee as the case may be. If there is any further shortfall TPSODL has
the right to recover the same from the Business Associate.
n) The Business Associate ensures that person employed by him adhere to the moral and
legal conduct and shall not violate any standard conduct envisaged in the premise of
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TPSODL by all such as, Transparency, Safety, Discipline, Integrity etc. The Business
Associate or his employees should refrain from corrupt practices, giving or taking bribe in
connection with any TPSODL business.
5.0 The ‘Statutory Compliance Enforcement System’ in TPSODL is detailed below for
adherence by all concerned. Business Associate Cell (BA Cell) will be the process
owner for implementation of the system with the help of concerned Engineer I/c or
Officer I/c.
a) Statutory Compliance being a professed value in TPSODL Code of Conduct, the concerned
Engineer / Officer in charges are requested to adhere to the provisions and advise
respective Business Associates in their domain to comply in letter and spirit.
b) Immediately after issuance of letter of intent, the authorized representative of the Business
Associate will report to BA Cell for completion of statutory requirements.
c) Normally, the work will be started only after ‘Clearance for Commencement of Work (CCW)
is issued by BA Cell to the Business associate. However, in exceptional exigencies in
engineer I/c / Officer I/c may direct the Business Associate to start the work and inform BA
Cell about the same. Statutory requirements in this case may be completed in parallel.
d) First monthly bill will be released only after producing CCW to the finance department.
Similarly closure of work and final settlement will be affected after issuance of no objection
certificate from BA Cell group.
6.0 Requirements for ‘Clearance for Commencement of Work’ (CCW):
a) Submission of filled up Form ‘A’ for database (Annexure-1).
b) Copy of PF Code allocation letter.
c) Copy of ESI Code allocation letter.
d) Submission of duly filled up Form IV CL(R&A) act (In case more than or equals to 20
workers during the period of contract).
e) Submission of duly filled up Form VI A (Notice of Commencement).
f) Copy of insurance cover note under WC Act 1923 (if applicable).
g) Copy of Contract Agreement.
h) Copy of indemnity bond (if applicable).
i) Affidavit with regard to payment of wages through cheque / bank transfer only.
7.0 Requirements during execution of work:
a) Copy of receipt of application for license / license (if applicable).
b) Copy of PF Challan (latest by 26th day of every Month).
c) Copy of ESI Challan (latest by 26th day of every Month).
d) Copy of Wage disbursement sheet / Bank statement.
e) Filing / Maintenance of all statutory registers / reports / returns for inspection by Statutory/
TPSODL authorities.
f) Certification of wage disbursement by authorized representative of TPSODL.
g) Copy of ‘Labour Welfare Fund’ deposit certificate / Challan.
h) Insuring safe working practices at the workplace.
8.0 Requirements for ‘No Objection Certificate’ (NOC) for closure of work:
a) Submission of duly filled up Form VI A (Notice of Completion).
b) Copy of Half yearly / Annual return for ESI / PF / CL(R&A).
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Rev. No 3 Page 47 of 105
c) Consolidated copy of wage sheet of last month indicating full & final settlement of all dues
like retrenchment benefit, bonus, leave encashment etc. Copy of individual declaration by
employees in Form X regarding termination of employment.
d) Confirmation certificate regarding filling up of form for transfer / withdrawal of PF by the
concerned workers.
In case any of the above are deviated / not complied with the Letter of Award/Order
shall be liable to be withdrawn / cancelled.
Enclosure:
1) Form A
2) Form X
3) Form XI
4) Form VI A
5) Form XXIV
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FORM (A)
[To be submitted by the Business Associate to the Principal Employer within a week from LoA
issuance]
1. Name of Agency :
2. Nature of work :
B. Details of Work
13. Maximum No. of workers and staff to be engaged on any day during the year.
➢ Supervisory Staff :
➢ Workers :
14. Do you have any other contract in TPSODL : Yes/No
If no, I hereby undertake the liability arising out of Workmen’s Compensation Act and Rules made
there under.
* Number to be indicated
I/We shall fulfill all obligations arising from and under all relevant law in force from time to time. I/We
undertake to keep the TPSODL indemnified against any loss or liability arising out of failure of my /
our abiding the relevant laws.
Date:
Form X
Undertaking
( )
______________________________
Date:
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Rev. No 3 Page 51 of 105
Form XI
Undertaking
With reference to the contract job awarded by M/s TP Southern Odisha Distribution Limited to
M/s__________________________________________________________________ vide work
order No.______________________________________________ dated__________________
I _______________________on behalf of
1. that the dues in respect of the workmen/ employee(s) engaged by us for the said contract,
payable as per the provisions of relevant statute pertaining to
i. wages/ salary
ii. PF & ESI, Berhampur Labour Fund
iii. All other statutory obligation
has been paid /settled in full and no amount/ compliance is due/ pending.
2. That in case any dispute / claim is raised by the concerned workers i.r.o. any dues / payments,
M/s ____________________________________ will settle the same on its own and such
liability will be borne by M/s ____________________________________________________
Date:
________________________
( )
Authorized Signatory
FORM- VI A
and Address of the Contractor) hereby intimate that the contract work
No.___________________________________________dated_____________________ha
______________________date / on date.
Signature of Contractor
The Inspector
__________________________
__________________________
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 53 of 105
FORM XXIV
Signature of contractor
Place _________________
Date __________________
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 55 of 105
ANNEXURE – H
Name of Associate :
Tender No. :
Item :
Date: _____________________________
( )
Authorized Signatory
For M/s
Seal
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 56 of 105
ANNEXURE-I
With an objective to improve our internal processes and systems, and serve you better, we
solicit your valuable feedback & suggestions. It is estimated that it will take about 10 minutes
to complete this survey. We assure you that your feedback shall be kept confidential.
Please send the duly filled feedback form in the "TPSODL addressed - attached envelop"
Additional information
Your Name
Your Designation
Your Organization
Contact Nos.
We once again thank you for your participation in this survey. Please spare 10 minutes to
give your feedback on following pages (Section A to E)
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 57 of 105
SECTION - A
(Please √ mark in the relevant box and give your remarks / suggestions / information for our
improvement.).
1 2 3 4 5
Do Not Agree
Fully Agree
Agreement
Agreement
Agreement
Slightly in
Mostly in
S. Remarks/
In Fair
Parameters
No. Suggestion
1 2 3 4 5
Do Not Agree
Fully Agree
Agreement
Agreement
Agreement
Slightly in
Mostly in
S. Remarks/
In Fair
Parameters
No. Suggestion
material supplied
TPSODL Engineer-in-Charge
efficiently supervises the job
11
execution for timely completion of
job
BIRD (Bill Inward Receipt Desk)*
initiative has improved payment
12
disbursement process
(under development)
Our approach for Inspection and
13 Quality Assurance effective to
expedite project completion?
TPSODL never defaults on
14
contractual terms
In TPSODL Contracts closure is
15
done within set time limit
Our material receiving procedures
are well defined and efficiently
16
deployed to reduce mutual
inconvenience
Bank Guarantees are released in
17
time bound manner
Our processes related to payment
18
/ account settlement are effective.
19 You get payments on time
TPSODL Employees follow
20
Ethical behavior
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 59 of 105
SECTION - B
(Please rate the following parameters on a scale of 1 to 5, where 1 - Minimum; 5 - Maximum)
Remarks/
SN Parameters 1 2 3 4 5
Suggestion
How do you rate courtesy/
empathy/ attitude level and
1 warmth of TPSODL employees
you interact with from following
team?
1.1 Project Engineering
1.3 Projects/HOG
1.5 Stores
1.8 Administration
SECTION–C
Please √ mark in the relevant box and give your remarks / suggestions / information for our
improvement.
Certainly YES
Probably YES
Certainly NO
Probably NO
Remarks/
SNo Parameters
Suggestion
SECTION - D
If we ask you to rate us on a scale of 1 to 10, how will you rate TPSODL, that truly
represents your overall satisfaction with us (please tick appropriate box) -
1 2 3 4 5 6 7 8 9 10
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 61 of 105
SECTION – E
Please √ mark in the relevant box and give your remarks / suggestions / information for our
improvement.
Please spare your thoughts for TPSODL’s improvement in particular areas of weaknesses,
particularly relating to some great practices, attitudes that you have seen elsewhere in Indian
and International Organizations, which you recommend TPSODL to adopt. Please give your
valuable salient recommendations.
Please spare your thoughts for TPSODL’s improvement in particular areas of major
concerns for you. We also welcome your suggestions to adopt any best practices, altitudes
that you have observed / experienced elsewhere in Indian/ International organization.
Please tick (√) your top 5 expectations out of the following 10 points
Recommendation
listed below -
(Please list down
improvement you
Timely payment
expect from
TPSODL)
1 Flexibility in Contracts/PO
Clarity in PO,s & Contracts
ANNEXURE-J
ANNEXURE-K
To,
DGM (Finance)
Sub: e-Payments through National Electronic Fund Transfer (NEFT) OR Real Time
Gross Settlement System (RTGS)
Dear Sir,
We request and authorize you to affect e-payment through NEFT/RTGS to our Bank
Account as per the details given below: -
Vendor Code :
Account Type :
(Please mention here whether account is
Savings/Current/Cash Credit)
:
Email Address of accounts person (to
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 64 of 105
Thanking you,
For ____________________
(Authorized Signatory)
We confirm that we are enabled for receiving NEFT/RTGS credits and we further confirm
that the account number (specify Bank a/c no.) of (Please mention here name of the account
holder), the signature of the authorized signatory and the MICR and IFSC Code of our
This also is certified that the above information is correct as per Bank record
ANNEXURE-L
CONTRACTOR SAFETY MANAGEMENT SYSTEM
1. OBJECTIVE
The objective of the Contractor Safety Management System is to lay down clear
guidelines for all Business Associates (including their associates, staff and agents) which
would facilitate them to observe all statutory rules and regulations, comply with
applicable standards of Central Electricity Authority (Measures relating to safety and
electric supply) Regulations, 2010 & (safety requirements for construction, operation and
maintenance of electrical plants and electric lines) Regulations,2011, TPSODL Safety
Manual and Guidelines and thus, ensure creation of safe working environment for all
stakeholders of our network.
2. SCOPE
All contracts (minor and major) will be subject to the provisions of this document.
Minor Contracts: Contracts which satisfy all the criteria listed under the head “Minor
Contracts”.
Major Contracts: Contracts which satisfy any two or more criteria listed under the head
“Major Contracts”
Value of Contract < Rs. 1500000/- (less than >= Rs. 1500000/-
Rs. Fifteen Lac) (Equal or more than
Rs. Fifteen Lac)
Working on energized
electrical equipment No Yes
Note: Exceptions for major and minor contract are – in house software development,
supply of material or equipment but no direct or indirect installation of the same
material, administration contracts (courier, water supply, printing, security, transport,
etc.), minor civil work like plastering at ground level or flooring, etc. The facility
management (housekeeping) contract will always be treated as a minor contract.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 66 of 105
The requirements of the contractor safety management system applicable to the minor or
major contracts related to various groups are as following –
1. Please note that hydra cranes used by any dept should be ACE Model No. FX 150 ACE
SX 150, Escorts Model No. TRX 1550 or contemporary. Use of old generation hydra
cranes like ACE 14XW or ACE 12 XW, etc are prohibited.
Note: For minor contracts, the BA shall assign the duties of Safety Representative to the
Work Supervisor. Work Supervisor will deliver all duties and responsibilities of Safety
Supervisor as detailed in this document.
The Business Associate (BA) having major contract will appointing Safety supervisor,
engineer / manager for the TPSODL work. The BA shall make all necessary arrangements
for getting their workforce safety trained and competency checked from the concerned
official of TPSODL before deployment in the field. BA Cell shall recommend the suitability
after competency checked by Engineer In-charge and SAFETY group (or his representative)
of TPSODL. After getting the clearance from concerned official, BA cell and receiving
temporary I-card issued by TPSODL, Business Associate shall commence the working.
Safety Representative of Business Associates will formally become the nodal point for safety
concerns for TPSODL. BA shall not frequently transfer or terminate the services of any
of the safety representatives appointed for TPSODL work site. BA needs to ensure
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 67 of 105
that Safety representative is available at all points of time; failing which the work
being carried out in the interim (period when Safety representative is not available)
shall be treated as working under improper supervision and due penal provisions
shall be initiated against the BA. BA will be required to provide all applicable infrastructure
and power to ensure smooth working of the safety representative to maintain a sound safety
management system. In all contracts safety representative will not be assigned any
other activity at site apart from the works related to safety management. The duties
are detailed in clause 5.5 of this document. TPSODL will be auditing the facilities
provided to the BA`s safety team time to time.
The Safety Representative of the BA shall be required to meet and follow the instructions of
the Engineer In-charge and SAFETY Group of TPSODL. He shall be responsible for
providing the MIS and/or any other relevant information, as and when desired, within the
stipulated time frame as per the requirements of TPSODL. Any non-conformance to safety
will lead to the negative marking or issue of safety violation challan/ tokens which shall affect
the monthly evaluation and performance of BA.
All contracts where BA has to depute vehicle for their staff and equipment to move from one
location to other, the BA shall ensure that vehicle complies all required statutory clearances
and requirement as per The Motor Vehicle Act, 1988 as well as TPSODL Road Safety Policy
and are in good & safe state of working.
Qualification and experience required for the safety and site personnel are as following:
5.3 Safety Manager: The educational qualification of safety manager should be graduate
engineer with working experience on electrical system / network of at least 3 yrs. OR
Diploma in Industrial Safety with working experience of 05 years including at least 02
years on electrical network.
However, clause 5.1, 5.2 and 5.3 are not applicable for minor contracts. In such cases,
BA shall assign the duties of Safety Representative to the Work Supervisor. Work
Supervisor will deliver required duties of Safety Representative (as per clause 5.5) in
addition to other duties without diluting the importance of safety.
5.4 Site Skilled Personnel: For all responsibility related to site activities and operations, the
BA shall employ only qualified and skilled persons and shall comply the provisions of
section 19 & 29 of Southern Electricity Authority (Measures relating to safety and
electric supply) Regulations, 2010. Persons holding valid approvals only by any
Government approved agency or a competency assessment panel or a team set up by
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 68 of 105
TPSODL shall be allowed to perform the High Risk / High Hazard activities (refer page
1). The skill / qualification required for the electrician and electrical supervisor are given
in annexure 5. The contracts related to maintenance of Distribution Network,
Distribution Projects, EHV Projects, maintenance of Sub-Transmission Network, MMG
& EAG, maintenance and operation of streetlights, shall preferably have at least 20 per
cent of ITI qualified electricians in the first year of the contract. This figure shall
preferably be incremented by 15 per cent every subsequent year.
Note: For the competency assessment may please refer the work instructions. An employee
shall have to necessarily undergo the competency assessment check once in every eighteen
months.
5.6.1 All new BA employees have to necessarily undergo one and half days Safety
training and Competency assessment at training centre of BA cell. This training will be
conducted once in a week. After the completion of Safety training & Competency
assessment I-card will be issued to all competent BA employees
5.6.2 BA is expected to initially train and judge the capability of the workman at his
own end before further recommending the workmen for Competency assessment. If
any BA workman sent for competency assessment. In case any BA workman fails in
the Competency test at concerned official, it will be deemed that BA has not imparted
sufficient training at his end and actual cost of training ₹ 7500/ BA employee/ failed
attempt will be recovered.
5.6.3 The workers who have imparted Safety Training and issued I-Cards of
TPSODL, are not deployed at TPSODL worksites/ voluntarily left the job by workers/
used somewhere else other than TPSODL by the BA, in that case Management
reserves the rights to intervene and recover the actual cost of training i.e. ₹ 7500/BA
employee. (Exempted for attrition rate of BA workers less than or equal to 10% of total
workforce deployed at TPSODL)
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 69 of 105
5.7 It is desired that Safety representative of the BA to impart the general safety training to
each employee of duration 2 hrs per month. The training will be organized at BA level
and the record to be sent to engineer in-charge and SAFETY group of TPSODL every
month. Please refer schedule and syllabus in annexure 6.
5.8 Safety Audit / Inspection & HIRA: The BA shall get the required safety inspection /
audit conducted by his technical team comprising of safety representative as per the
annexure 8. The safety representative will be required to conduct the HIRA (Hazard
Identification and Risk Assessment) as per annexure 2 of the process and work
undertaken at least two times in a year or every time if a new process / activity /
machine is introduced or whenever an accident take place. The risk identified to be
addressed suitably with –
• Engineering Control
• Management Control, and
• Personal Protective Equipment.
The safety representative of BA shall inform and educate for the identified risk
and hazard control methods to employees, supervisor and engineer as well as
the engineer in-charge and SAFETY group of TPSODL.
5.9 Safety Performance and Safety MIS: The BA shall maintain good practice of safety
all through the contract duration. Safety shall always be of paramount importance
during the contract period. Safety performance will be monitored on yearly basis
throughout the period and no relaxation will be given for bad performance. BA with
good track record and excellent performance will be rewarded suitably as per clause
6.0 of this document. The BA has to provide monthly “Performance Report – Safety”
to engineer in-charge and SAFETY group TPSODL this shall be part of monthly bill
along with training details. Performa of the report is enclosed as annexure 9.
5.10 Pre – Employment Medical Check-up and Fitness of employees engaged for the
critical works: The BA shall submit the health fitness certificate for all those workers
involved in climbing the pole or working at height for following diseases:
5.10.2 Epilepsy
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
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Every year BA will give an undertaking stating that all the employees are fit to work and have
not developed aforesaid diseases. The Record of such medical check-ups shall be
submitted to BA Cell before issue of temporary identity card. The records shall be
maintained at BA Cell. All such medical check-ups shall be repeated once in a year for all
workers involved in climbing the pole or working on electrical network.
6.1 To support the enforcement of good SHE & DM practices by the Business Associate and
to eliminate repeated or continuing safety violations, use of appropriate reward and punitive
measures shall be made. Each unsafe act or violation of the safety guidelines as described
in the Safety Manual of the TPSODL will be audit criteria of this system. Broadly the
measures identified are following:
if any.
↓
HoG (Safety – II) & HoG (Safety & Quality – Commercial) SAFETY Group
and CAPS to generate the MIS of the violations and the
amount deducted.
↓
The pool of the amount generated after the deduction to be SAFETY Group with
utilized in safety welfare of BA employees. approval of CFO/Chief (O &
S) /CEO&MD
The safety violations have been rated from 1 to 5 (figure 6.3) as per the gravity of the
violation. If the same violation is repeated it may escalate into a higher penalty. If a particular
Business Associate employee violates safety norms three times, he shall not be allowed to
work in TPSODL for a period of one year from the date of the 3rd violation.
5 Violation of SOP/ WI B C D E
5 Violation of SOP/ WI C D E
Legend Action to be taken Responsibility Penality Amount (in Rs.) The number of
A Levy of Penalty Engineer Incharge 5,000 violations are to
be calculated
B Memo to BA & Levy of Penalty Engineer Incharge 10,000
cumulatively
C Memo to BA & Levy of Penalty Head of Group 25,000 over the
D Memo to BA & Levy of Penalty Head of Department 50,000 contract period
and not on
Memo to BA, Levy of Penalty and termination of
E Head of Department 1,00,000 monthly basis.
Contract
Figure 6.3 (1b)-Penality Matrix for Safety violation (Applicable for Major Contracts)
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 72 of 105
Once the BA reaches the “BLACK” (color – “5”) category, i.e. highest level of safety violation,
“Termination” notice to BA will be issued from the office of the Head of Department
(equivalent to GM/ Sr. GM level) and further, if required, continuation / extension of contract
will only be initiated by Functional Chief / Head of the department (equivalent to Sr. GM /
Chief level) and approved by CEO & MD. Till the extension, the contract will remain
suspended.
TPSODL encourages the reportage of the safety violation during the contract work by BA.
Any TPSODL employee can register a safety violation against the BA in the “Safety Violation
Form” annexure 10. Initially the observer has to fill the form and handover the counterfoil
(lower portion) of the document to the supervisor of the BA, inform the site engineer of
TPSODL and send the top portion of the Safety Violation Form to SAFETY group for the
further necessary action against the BA. The cumulative nos. of Safety Violations
pertaining to any particular BA shall be calculated on yearly basis.
Safety violations resulting in incident / accident will be treated as per gravity of the injury /
fatality and its impact as well as type i.e. minor or Major. Consequences of incident /
accident are shown in the matrix (figure 6.3(2) for major and 6.3(3) for minor) below. In case
of any accident, findings and recommendations of Accident Enquiry Committee will be final
and binding and will supersede the arbitration clause of GCC.
Required
Incident / Accident
Action
(In case of MAJOR contract)
measures
Minor injury (No or Hospitalization less then
2 F G G H
48 Hrs)
Major injury (Bone injury or burn or
3 G G H I
Hospitalization more then 48 Hrs)
Intolerable
4 Single fatality J K
(For example: In major contracts, if there is first incidence of major injury say bone injury (Cat. 3)
where worker was hospitalized for more than 48 hrs then a penalty of amount Rs.20000/- will be
deducted from the current bill produced for the payment. This penalty will be similar for first two
incidents. However, it will increment to next higher category i.e. Rs. 50,000/- on subsequent incidents
as per the above matrix)
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 73 of 105
Required
Incident / Accident
Action
(In case of MINOR contract)
measures
Minor injury (No or Hospitalization less then
2 L M M N
48 Hrs)
Major injury (Bone injury or burn or
3 M M N O
Hospitalization more then 48 Hrs)
Intolerable
4 Single fatality P Q
(For example: In minor contracts, if a worker meets with a non-fatal accident say bone injury (Cat. 3)
where he was hospitalized for more than 48 hrs then a penalty of amount Rs. 10,000/-, will be
charged from the current bill produced for the payment. This penalty will be similar for first two
incidents. However, it will increment to next higher category i.e. Rs. 25,000/- on subsequent incidents
as per the above matrix.)
In case of single or multiple fatalities described under legends J&K of 6.3(2) and P&Q of
6.3(3), the concerned BA may be debarred from extension of contract or participate in new
contract. In such event the approval of Chief (O & S) will be necessary for extension or
award of new contract to concerned BA.
In the event of any untoward incident/ accident, the Business Associate shall ensure prompt
medical assistance such as treatment, sickness benefit, etc. is provided to the victim(s) as
per the Employees’ Compensation Act, 1923 or Employees’ State Insurance Act, 1948, as
applicable. Also, the BA will be required to take adequate measures for compensating the
victim(s) or his/her/their kin as follows:
iii. It is mandatorily required to take the GPA policy coverage of ₹ 15 Lacs by the BA for
his employees from a reputed insurance agency.
iv. TPSODL HR department will be the overall process owner and BA shall be required to
coordinate with TPSODL HR department for policy implementation immediately post receipt of
LOI / Work Order.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
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The BA shall take an insurance coverage of at least Rs. 15 lakhs for each engaged
employee, to cover any incidence of Death or Permanent / Total Disablement
(Permanent/Total Disability shall be considered as defined under Employees’ Compensation
Act, 1923). In the event of any such unfortunate incident, the BA would ensure that adequate
compensation is paid immediately to the family of the victim(s) from his own resources. This
compensation shall be covered under the insurance policy subscribed by the BA mentioned
earlier and the arrangement should be such that it would get reimbursed to the BA by the
insurance agency subsequently.
The compensation in this case will be as per provisions of the Employees’ Compensation
Act, 1923 or Employees’ State Insurance Act, 1948, as applicable.
Accordingly, the BA shall obtain a suitable Insurance Policy on award of Contract and submit
documentary evidence of the policy to the BA Cell before commencement of work. The BA
shall ensure that the Insurance policy is active at all times and all employees are covered in
all respects till the conclusion of contract period or till working with TPSODL. The BA shall
submit a copy of the policy after periodic renewals to the BA Cell.
However, on occurrence of such unfortunate incident, if it is found that the victim(s) is/are not
covered under any insurance policy, the BA shall be liable to pay the entire sum of Rs. 15
lakhs from his own resources.
6.3.3 TPSODL rewards the BA with good track record of safety management. It is proposed
that BA complying with Contractors Safety Management, Safety Manual and Safety process
will be rewarded suitably as per the procedure, rule and regulations of the TPSODL. In any
case major accident is reported during an assessment period BA will not be eligible for this
reward scheme. Assessment of contracts will be once in year. Generally, the assessment
cycle is calendar year and guidelines will be declared time to time.
Management
MMG Meter Management Group
EAG Energy Audit Group
PPE Personal Protective Equipment
SOP Standard Operating Procedures
CSI/SI Circle Safety In-charge / Safety In-charge
ASO Area Safety Officer
NSO Nodal Safety Officer
SC Safety Coordinator
HoG / HoD Head of Group / Head of Department
AGM / GM / VP Assistant General Manager / General Manager / Vice
President
CFO / Chief (O & S)/ Chief Finance Officer / Chief (Operating & Safety) / Chief
CEO & MD Executive Officer & Managing Director
COS Corporate Operation Services
CAP Centralized Account Payable System
PTW Permit To Work
GCC General Conditions of Contract.
- END -
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
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Certification
- Comments
- Comments
Safety Training
- Describe how occupational health and safety 2
training is conducted in your company
Safety Monitoring
- Is there an officer / supervisor responsible for 1
monitoring workplace / worksite safety?
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 78 of 105
Certification
- If yes provide details
Note
1: If company does not have formal procedure on Safety Management System than vendor
may submit proposed Safety road map along with safety action plan and brief safety policy
on his letter head signed by head of the organization.
2: The vendor may submit the same in the Safety Action Plan.
3: The vendor may utilize the same format of TPSODL or on request SAFETY group will
assist the vendor in developing the audit system. For other points also vendor may take the
assistance of SAFETY group for development of Safety management system.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 79 of 105
4: The vendor may submit the Safety Improvement Plan and Safety Action Plan for his
employees based on following points.
Based on above points and documentary evidences vendor will be required to submit a
detailed report in support of his bid. The bid evaluation committee and competent authority
will scrutinize the facts and the evidence submitted. If found satisfactory competent authority
i.e. CTO may accord his approval for bid opening otherwise his tender shall be disqualified.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
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Business Associate:
Scope of the work:
BA’s Representative:
Telephone:
Signature:
Date:
Potential Class
Specific
Hazards/Conseque of Control Measures
Task/Activity
nces Risk
1. Mandatory usage of JSA checklist
prior to start of work
2. Use appropriate ladder
3. Use full body safety harness
having double lanyard.
4. Use Electrical Safety Shoes if
working on electrical network
otherwise use safety shoes.
5. Use Safety helmet.
Working at Height Fall from height 2
6. Use PPE as per the annexure 7 of
this CSM document
7. Refer Work instruction related to
Working at Height for other details
8. Use of metal scaffold to be
ensured in height work (cup lock
type)
9. Deploy competent workforce who
are medically fit
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 81 of 105
Potential Class
Specific
Hazards/Conseque of Control Measures
Task/Activity
nces Risk
Working on electrical Electric flash / 1. Mandatory usage of JSA checklist
equipment / network electrocution prior to start of work
2. Use Electrical Safety Shoes while
working on electrical network.
3. Use Electrical Safety gloves of
appropriate voltage rating.
4. Use face shield / visor attached
with helmet.
5. Use Safety helmet.
3 6. Use PPE as per the annexure 7 of
this CSM document
7. Mandatory usage of Insulated
tools & tackles on electrical
system
8. Mandatory compliance for Lock
Out & Tag out system. Refer Work
instruction related to Working on
electrical equipment / network for
other details
Excavation / Civil Collapse of soil, fall 1. Use safety shoes.
work in excavated pit 2. Use Safety helmet.
leading to Injury 3. Use PPE as per the annexure 7 of
this CSM document
2
4. Hard Barricading of the worksite.
5. Refer Work instruction related to
excavation / civil work for other
details
Material lifting & Fall of 1. Mandatory compliance of crane
Mechanical Erection material/object, checklist
work Topple of crane, 2. Visual condition check of lifting
tools and tackles such as wire
rope sling, belt sling, chain, pulley
block, D-shackles, etc. shall be
ensured.
2 3. The operator’s physical fitness
and alertness should be judged by
sup. / EIC.
4. Use PPE as per the annexure 7 of
this CSM document
5. Refer Work instruction related to
Material lifting & Mechanical
Erection work
Road Safety Road Accidents 1. Mandatory compliance of
3
TPSODL Road Safety policy
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 82 of 105
Potential Class
Specific
Hazards/Conseque of Control Measures
Task/Activity
nces Risk
Note: This information for the general indication purpose. The detailed risk assessment shall be
conducted before start of the work by the authorized representative of the BA. The report of same
shall be submitted to engineer in-charge along with annexure 4 of the CSM document.
• Specific Task/Activity - The documentation of each major task associated with the
contract.
• Potential Hazards - The identification of hazards associated with each activity or task
to be carried out.
• Class of Risk - Each hazard should be evaluated as a level of risk, described as Risk
Class 1, 2 or 3 defined above.
• Control Measure - The identification and documentation of actions required to
eliminate or reduce the hazards that could lead to accident or injury.
A BA awarded a major contract work of TS&P in area of a circle will be required to fulfil the
following conditions:
A BA awarded a major contract work of EHV projects will be required to fulfil the following
conditions:
General Safety Conditions for the major contract work in Civil / Generation Projects:
A BA awarded a major contract work of / in civil or Generation project will be required to fulfil
the following safety conditions:
General Safety Conditions for the major contract work in Commercial Department like
- MMG, RRG, EAG, etc.:
A BA awarded a major contract work in meter management group & energy auditing group
will be required to fulfil the following safety conditions:
General Safety Conditions for the major contract work in O&M of street light group:
A BA awarded a major contract work in operation and maintenance of street light group will
be required to fulfil the following safety conditions:
1. The present undertaking shall remain in force from the date of execution of contract
awarded by TPSODL and shall be valid till the date of termination of the said contract
by either parties. The undertaking is binding on me (contractor) as well as my sub-
contractor and its employees, representatives etc.
2. That I(the contractor) will be responsible and liable to comply and abide by all the
safety rules, instructions and regulations as may be specified and laid down by The
TP Southern Odisha Distribution Limited (TPSODL) so as enable TPSODL to
achieve its goal of Zero On site incidences.
3. That the Contractor shall be fully responsible for ensuring occupational health and
safety of its employees, representatives, agents as well as of its subcontractor’s
employees, at all times during the discharge of their respective obligations under the
contract including any methods adopted for performance of their tasks / work.
4. That Contractor shall ensure ,at its own expense to arrange for and procure,
implement all requisite accident prevention tools, first aid boxes, personal protective
equipment, fire extinguisher, safety training, Material Safety Data Sheet, pre-
employment medical test, etc. for operations & activities including as & when so
specified by TPSODL specifically. , failing which TPSODL shall be entitled, but not
obliged, to provide the same and recover the actual cost thereof from the
Contractor’s payments.
5. That the Contractor shall engage adequate and competent Safety – Supervisor /
Engineer / Manager / Skilled persons at site as per the Para 5 (Qualification and
experience of safety personnel) and Annexure 3 of Contract Safety Management.
6. That the Contractor shall engage the competent Site – Supervisor with each group of
workers for safe and correct workmanship, proper co-ordination of material and site
work as per contract.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
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7. That the Contractor shall immediately replace supervisor in case it is found to be not
up to the level of skill and experience required as in skill and experience required in
annexure 5 of this document, but any such replacement shall be only with the prior
concurrence of TPSODL .
8. That the Contractor and its subcontractors shall abide by all the safety guidelines as
per Safety Manual, Contract Safety Management and other guidelines issued from
time to time by TPSODL during the contract period.
9. That in case the Contractor and/or any of its Subcontractor fail to ensure the
compliance as required in terms of this undertaking the Contractor shall keep and
hold TPSODL / its directors / officers / employees indemnified against any / all losses
/ damage / expense / liability / fines / compensation / claims / action / prosecutions or
the like which might be suffered by TPSODL or to which TPSODL might get exposed
to as a result of any breach /wilful negligence /deliberate default on the part of the
Contractor /Subcontractor in complying with the same. Contractor shall also furnish
any press release, clarification etc. if sought by TPSODL for any near miss or safety
violations, accidents, which are attributable to fault of Contractor.
DEPONENT VERIFICATION
Verified at Berhampur on this _Day of _______20__ that the contents of the above
affidavit are true and correct and nothing material has been concealed therefrom
DEPONENT
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 92 of 105
OR
1. Have at least five years’ experience of practical wiring after passing the
certificate of competency class-II i.e. electrician.
OR
2. Recognized Degree or Diploma or equivalent qualification in Electrical
Engineering from any Technical institute / College or University recognized by
the Board.
AND
Must have completed the training/job in rectifying the common defects in
electrical line and power installation for a period of one and three years after
passing Degree or Diploma respectively
OR
3. Possessing the valid certificate of certificate of competency class – 1 (Electrical
Supervisor)
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
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Session: 1
Session: 2
Sub Topics:
1. Meggar, Hi Pot, Clamp On Meter, Neon Tester, Discharge Rod, Line tester etc.
Session: 3
• Identification of Risks associated with the work to be carried out and planning
for controlling measures by proper supervision
• Concept of “Safety Zone”
• Identification and use of Neon Tester, Shorting Chain, Clamp on Meter, Hi Pot,
Meggar etc.
• Completion of the job – Check points
• Accident Theory & Incident Reporting
• Actions to be taken in case of some accident
Session: 4
Topic: Identification, Demonstration and Usages of Tools, PPEs and other Safety
Gears and demonstration of working on HT pole
Session: 5
FREQUENCY
• It will be conducted for all field & supervisor staff of BA in such a manner that all BA
Personnel attend at least two hours safety training during every month.
• This training will be for the new BA’s personnel, who have been cleared by the Cross
Functional Panel to undergo Safety training and who are likely to be deployed at
various work sites of TPSODL by the BA, as a part of AMC / Work Contract.
Duration / Periodicity:
• Duration and periodicity has been defined above. However, this is subject to change
at the discretion of TPSODL.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
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BATA (Model
No.- Endura L/C)
Leather Safety Monthly and visual
Shoes (Color – IS:15298 check every day for any
01 Liberty (Model
Black) with PU toe (Part-2) crack or damage in the
No. – 7198-01
cap. leather or sole.
HT Barton Black
– Warrior)
Karam (PN
HDPE Safety Safetech )
helmet with chin Monthly and visual
Joseph Leslie
02 strap and ratchet IS:2925-1984 check every day for any
type for crack in shell.
Accent Industries
adjustment.
Honeywell
Karam (PN
Safetech)
Monthly and visual
03 Full body harness
EN 361 check every day of the Joseph Leslie
(Safety belt) bends and the harness.
Accent Industries
Make Sparian /
Sumitech / CATU
Weekly and visual
Manufactured supplied with
Electrical Safety EN: 60903 check for any crack and
04 not beyond 12 inner cotton
Gloves CE marked blow test before every
months. glove with over
work.
glove of split
leather.
Karam (PN
Safetech )
Clear acrylic
EN: 166 CE Monthly and visual Joseph Leslie
Full face visor with visor attached
05 marked check every day for any
safety helmet with safety
(Visor) crack in shell. Accent Industries
helmet.
Honeywell
Note:
1. Any other Personal Protection Equipment required beyond above list will be
according to BIS or EN Standards.
2. All Personal Protection Equipment will be checked by the engineer in-charge or
SAFETY group of TPSODL.
3. Safety Representative of the BA has to maintain the record of the availability,
condition and checking of the PPEs.
4. All tools required as per the contract must be according to respective IS / EN
standards.
5. TPSODL may revise or add the above list of PPE and their specifications as and
when feel necessary. The information about new specifications /models will be
circulated by the Engineer In-charge (EIC), which shall adhere by the business
associated in the shortest possible time. The EIC shall issue a memo / instruction to
BA with timeline for implementation. Any delay will be treated as non- compliance /
safety violations. Refer picture of each PPE given in next page.
Sl. IS / EN
Name of PPE Picture
No. Standard
IS:15298(Part-
Leather Safety
2) and with test
Shoes (Color –
01 report of
Black) with PU
electrical
toe cap.
resistance.
HDPE Safety
helmet with chin
02 strap and ratchet IS:2925-1984
type for
adjustment.
The straps at
EN 361:2002
shoulder and
thigh shall have
03 EN 358: 2000
full pad for
comfort. The back
IS:
shall be so
3521:1991/2002
designed that
harness straps do
not tangle with
each other.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 97 of 105
Electrical Safety
Gloves –
Composite type EN: 60903 CE
04
Soft electrical marked
gloves as per size
of individual.
Fireproof jacket
06 for chest
protection
Note: Picture shown are for indicative purpose only. Actual product may differ.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 98 of 105
F04 (COR P -
Permit to Work & Field Audit Weekly
12)
F06 (COR P -
Tool Bag & PPE’s Audit Weekly
12)
F18 (COR P -
Safety Talk Register Weekly
12)
F29A (COR P -
Site Safety Audit Daily
12)
Note:
1. (BA Safety Representative has to use the formats as per Safety process COR –
P – 12 of TPSODL)
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 99 of 105
Man Hour Worked in this month (No. of employees X 8 Hrs + Overtime): ……………………
Total Number of Minor Injury (this month): ………… Minor Injury (Total) ………………….
No. of dangerous
occurrences
Note: Cumulative means total from date of commencement of work according to the
contract.
Corrective and
Date and Type of the Name of Brief
Preventive actions
Time incident Employee Description
recommended
Date and Location Brief Description Name of employee involved Action Taken
Number of
Date and Total Number of employees
Topic (s) participants (Worker /
Location (Worker / Supervisor)
Supervisor)
Detail of the Safety Inspection /Audit: (as per TPSODL site audit checklist F29A(COR-P-12)
Area /
Date Major Observations Recommendations Action Taken
Location
Any other Safety, Occupational Health, Environment & Disaster Management Promotional
Activity (During this month):
Level of
Date Location Activity Number of participations
Participation
Note: The original form to be deposited with Engineer in-charge and a copy to SAFETY
group on or before 5th of every month along with bill. List of training of the current month
and status of PPE to be also mentioned individual wise.
BA may include additional lines if required. The TPSODL may revise the format as and
when deemed required.
Doc. Title GENERAL CONDITIONS OF CONTRACT - COMPOSITE WORKS
Rev. No 3 Page 101 of 105
ANNEXURE-M
VENDOR APPRAISAL FORM
VENDOR:
i) UNITS 1 :
8.0 TECHNICAL
NO. OF DESIGN ENGINEERS (INDICATE NO.
8.1 :
OF YEARS EXPERIENCE IN RELATED FIELDS)
8.2 NO. OF DRAUGHTSMEN :
9.0 MANUFACTURE
SHOP SPACE, LAYOUT LIGHTING,
9.1 :
VENTILATION, ETC.
9.2 POWER (KVA) :
MAINS INSTALLED :
UTILISED :
9.3.2 MACHINING :
9.3.3 FABRICATION :
ANNEXURE-N
MANUFACTURER AUTHORIZATION FORM
(To be submitted on OEM’s Letter Head)
Date: …………….
Tender Enquiry No.: …………..
To,
Chief (Procurement & Stores)
TP Southern Odisha Distribution Limited,
Berhampur
Sir,
WHEREAS M/s. [name of OEM], who are official manufacturers of ………… having factories
at [address of OEM] do hereby authorize M/s [name of bidder] to submit a Bid in relation to
the Invitation for Bids indicated above, the purpose of which is to provide the following
Goods, manufactured by us
………………………………………………………………………………………………………….
and to subsequently negotiate and sign the Contract.
We hereby extend our full guarantee and warranty in accordance with the Special Conditions
of Contract or as mentioned elsewhere in the Tender Document, with respect to the Goods
offered by the above firm in reply to this Invitation for Bids.
We hereby confirm that in case, the channel partner fails to provide the necessary services
as per the Tender Document referred above, M/s [name of OEM] shall provide standard
warranty on the materials supplied against the contract. The warranty period and inclusion /
exclusion of parts in the warranty shall remain same as defined in the contract issued to their
channel partner against this tender enquiry.
Yours Sincerely,
For ……………..
Authorized Signatory