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SECTION - V
SPECIAL CONDITIONS OF CONTRACT
The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract
(GCC). Wherever there is a conflict, the provisions herein shall prevail over those in the GCC. The
corresponding clause number of the GCC is indicated in parentheses.
Name of Package: Dry Sorbent Injection (DSI) System
IFB/Enquiry No. : 215 date 5/7/19
Bid Document No. : PSPCL/CW-CC-9971(A)-109
Special GCC Clause Special Conditions
Conditions Ref., if any
(SCC) No.
1. Definitions (GCC The Owner is :
Clause 1) Name of Owner : Chief Engineer/ GGSDSTP (PSPCL ), Rupnagar
Address of Owner :Chief Engineer/GGSSTP, Post Office-Ghanauli, District
–Rupnagar, State of Punjab, India
2. Interpretation Joint Venture or Consortium of two or more firms are not permitted.
(GCC Clause 3)
GCC 3.10
b) The liquidated damages for delay in supply of spares beyond the dates
stipulated under the Contract shall be as follows:
One half of the one percent (1/2%) of Ex-works (India) price of undelivered
spares, per week or part thereof of delay subject to maximum of five
percent (5%) of the total Ex-works of all spares included in the scope of
work of the contractor under the contract.
(a) The total amount of liquidated damages for delay under the contract
will be subject to a maximum of five percent (5%) of the total Contract
Price [total of First /Second Contract & Third Contact (as
applicable)]
8. Deleted
9 GCC Clause 44 Replace the existing GCC clause 44 with the following:
Contractor Performance Feed Back and Evaluation System
The Owner has in place an established „Contractor Performance and
Feedback System‟ against which the Contractor‟s performance during the
execution of Contract shall be evaluated on a continuous basis at regular
intervals on the following seven parameters:
• Engineering & Quality Assurance Capability
• Finance
• Supply
• Construction/ Installation
• Field Quality
• Safety
• Claims & Disputes
The score-based feedback formats based on which Contractor‟s
performance shall be evaluated is enclosed at Annexure-A. In case the
performance of the Contractor is found unsatisfactory, the Contractor shall
be considered ineligible for participating in future tenders for three years.
On completion of the above ineligibility period, the Contractor would be
required to submit a request to PSPCL for participating in future tenders
specifying the measures taken to improve their performance. The
Contractor may also request for early revocation of suspension after
completion of at least two (2) year of the suspension period. On receipt of
such request, the performance of the Contractor shall be
assessed/evaluated by PSPCL and if the performance is found to be
satisfactory, the Contractor shall be considered eligible for participation in
future tenders.
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10 GCC clause Replace the third para under GCC sub clause 22.6.3 with the
22.6.3 following:
The Contractor shall also indemnify to keep the Owner harmless from any
act of omission or negligence on the part of the Contractor in following the
statutory requirements with regard to removal/disposal of scrap. The
Indemnity-cum-Undertaking Agreement shall be furnished by
Contractor as per proforma enclosed in Section-VII (Forms and
Procedure). Further, in case the laws require the Owner to take prior
permission of the relevant Authorities before handing over the scrap to the
Contractor, the same shall be obtained by the Contractor on behalf of the
Owner".
11 GCC clause 31.4 Replace the second para under GCC sub clause 31.4 with the
following:
The Contractor shall also indemnify to keep the Owner harmless from any
act of omission or negligence on the part of the Contractor in following the
statutory requirements with regard to removal/disposal of surplus material.
The Indemnity-cum-Undertaking Agreement shall be furnished by
contractor as per proforma enclosed in Section-VII (Part 3 of 3 -Forms and
Procedures). Further, in case the laws require the Owner to take prior
permission of the relevant Authorities before handing over the surplus
material to the Contractor, the same shall be obtained by the Contractor on
behalf of the Owner."
12 GCC clause 31.6 Replace the GCC sub clause 31.6 with the following:
31.6 In case of two/three Contracts entered into between the Owner and
the Contractor as per GCC Sub-Clause 3.6 or where the Owner hands
over his equipment to the Contractor for executing the Contract, then the
Contractor shall at the time of taking delivery of the Equipment through Bill
of Lading or other despatch documents furnish Trust Receipt for Plant,
Equipment and Materials and also execute an Indemnity-cum-Undertaking
Agreement in favour of the Owner in the form acceptable to Owner for
keeping the equipment in safe custody and to utilise the same exclusively
for the purpose of the said Contract.
Proforma for the Trust Receipt and Indemnity-cum-Undertaking Agreement
is enclosed under Section-VII (Forms and Procedures). The Owner shall
also issue a separate Authorisation Letter to the Contractor to enable him
to take physical delivery of plant, equipment and materials from the Owner
as per proforma enclosed under Section-VII (Forms and Procedures)
13 (GCC Clause 27) Add the following at the end of Clause No.27.8.1 of GCC:
GCC 27.8.1 In case, there is any dispute between Owner and Contractor regarding
latent defects, any of the parties listed hereunder or any other third party
as mutually agreed upon by the Owner and the Contractor shall be
engaged by the Owner for settling the dispute :
(a) M/s KEMA, Netherland
(b) M/s TUV, Germany
(c) M/s EPRI, USA
The third party, so engaged by the Owner, shall be paid free plus
reasonable expenditures incurred in the execution of its duties as
mentioned above. These costs shall be initially paid by the Owner.
In case of latent defect being proved, such costs shall be recoverable from
the Contractor and the Contractor shall bear and reimburse such costs to
the Owner.
If the dispute regarding latent defects cannot be settled as above, then the
dispute shall be settled as per provision of GCC Clause 6 (Settlement of
Disputes).
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14 Guarantee Test& The Guarantee test of the Facilities shall be successfully completed within
Operation 12 months from the date of completion
Acceptance
(GCC Clause 25)
19 GCC Clause 36.1 Replace GCC Clause 36.1 (Changes in Laws and Regulations)
with the following:
36.1 If, after the date seven (7) days prior to the deadline set for Price Bid
submission, in the country where the Site is located, any law,
regulation, ordinance, order or by-law having the force of law is
enacted, promulgated, abrogated or changed (which shall be deemed
to include any change in interpretation or application by the
competent authorities) that subsequently affects the costs and
expenses of the Contractor and/or the Time for Completion, the
Contract Price shall be correspondingly increased or decreased,
and/or the Time for Completion shall be reasonably adjusted to the
extent that the Contractor has thereby been affected in the
performance of any of its obligations under the Contract. However,
these adjustments would be restricted to direct transactions between
the Owner and Contractor and Bought out items (to be dispatched
directly from the sub-vendor's works to PSPCL Site). These
adjustments shall not be applicable on procurement of raw materials,
intermediary components, and intermediary services etc. by the
Contractor.
20 GCC Clause 13.2 Replace Sub-Clause 13.2 (Advance Payment Security) of Section-
GCC with the following:
13.2.1 The Contractor shall, within twenty-eight (28) days of the
Notification of Award of Contract, provide a security in an amount
equal to the advance payment for supply of Plant & Equipment
and 110% of the advance amount for Installation Services and
Civil & Allied Works calculated in accordance with Appendix 1
(Terms and Procedures of Payment) to the Contract Agreement,
and in the currency or currencies of the Contract, with an initial
validity of up to ninety (90) days beyond the schedule date of
Completion of the last facility covered under the package in
accordance with GCC Clause 24. However, in case of delay in
completion of the facilities under the package, the validity of this
security shall be extended by the period of such delay. The advance
payment security shall also cover the amount of GST as applicable
on the advance payment to be paid to the contractor.
13.2.2 The security shall be in the form of an unconditional bank
guarantee as per the proforma provided in Section VII (Forms and
Procedures) - This performance security will be released after 30 days
from successful performance of PG Test and after making necessary
deductions on account of LD or any other
deductions/settlements/deficiencies in performance etc.
engaged by him on the work. Fair wage means whether for time
or piece work notified from time to time for the work and where
such wages have not been so notified the wages prescribed by
the Punjab Govt. PWD/ PSPCL for district in which the work is
done.
49.1.2 The contractor shall not withstanding the provisions of any
agreement to the contrary cause to be paid fair wage of laborer
indirectly engaged by him on the work in claiming any labour
engaged by his contractor in connection with the said work as if
the labourers had been directly employed by him.
49.1.3 In respect of all directly or indirectly employed on the works for the
performance of the Contractor‟s part of the agreement the
Contractor shall comply with or cause to be complied with Punjab
Govt./Contractor‟s labour regulations made by the Govt. from time
to time in regard to payment of wages , wage period, deductions
from wage and other terms of employment of inspection and
submission of periodical returns and all other matters of like
nature.
49.1.4 The Sr. Xen. concerned shall have the right to deduct from the
money due to the contractor any sum required or estimated to be
required for making good the losses suffered by a worker or
workers by the reasons of non- fulfillment of conditions of the
contract from the benefits of the works. Non payment of wages or
deductions made from him or their wages, which are not justified
by the terms of the contractors or for observance of the
regulations referred to in clause 4.1.3 above.
49.1.5 Vis-à-vis The Punjab Govt./PSPCL the contractor shall be
primarily liable for all payments to be made under and for the
observance of the regulations aforesaid without prejudice to his
right to claim indemnity for his sub-contractor.
49.1.6 No labour below the age of 18 years shall be employed on the
work.
49.1.7 It will be responsibility of the contractor to ensure that trees in the
camp site and in the vicinity their fruit etc. are not damaged by his
labour, or agent. Cost of such damage, if any, shall be assessed
at the discretion of the Sr. Executive Engineer and deducted from
the bill of the contractor.
49.2.0 Camps & Conveniences:
49.2.1 Suitable temporary hutting, accommodation as in the opinion of
Sr. Executive Engineer may be necessary, outside premises of the
PSPCL‟s land. The contractor shall not put up any unauthorized
huts, canteens or tea-shops on PSPCL‟s property without the
knowledge and prior approval of the Sr. Executive Engineer in
writing.
49.2.2 Trenches, lanterns, bathing enclosures and platform separately for
men and women and their regular cleanness to the satisfaction of
the Medical Officer incharge of the area.
49.2.3 Clean drinking water to be provided by the contractor.
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49.2.4 In the event of is failure to provide any or all the above amenities
the same shall be provided by the Govt. and the cost recovered
from the contractor. Any dispute regarding the above points shall
be settled by the Sr. Executive Engineer whose decision shall be
binding.
49.3.0 Monthly Return Regarding Wages:
The contractor shall be required to submit to Labour Welfare
Officer/ Sr. Executive Engineer, on the tenth of every month a
return on the prescribed form for the payment of wages under the
fair wage clause. This failure of the Contractor to do so shall be
considered as breach of the contract and will be dealt with as
such.
paid before expiry of the day after the last day of the wage
period in respect of which the wages are payable.
e)When the employment of any worker is terminated by or on
behalf of the contractor, the wages earned by him shall be paid
before the expiry of the day succeeding the one on which his
employment is terminated.
f) All payments of wages shall be made on a working day.
g) Wage register and wage card etc.
The contractor shall maintain a wage register of workers, in such
form as may be convenient, but the same shall include the
following particulars.
i) Rate of daily or monthly wages.
ii) Nature of work on which employed.
iii) Total amount payable for the work during each wage
period.
iv) Total numbers of days worked during each wage period.
v) All deductions made from the wages with an indication in
each case on the ground for which the deduction is made.
vi) Wages actually paid for each wage period.
vii) The contractor shall also maintain a wage card for each
worker employed on the work.
viii) The authority competent to accept the contract may grant
an exemption from the maintenance of wage register and wage
cards, to a contractor who in his opinion may not directly or
indirectly employ more than one hundred persons on the work.
49.14.0 Amendments
The Punjab Government may from time to time, add to or amend
these regulations and on any question so as to effect
applications/interpretations of these regulations. The decision of the
Labour Commissioner to the Punjab Government or any other
person authorized by the Punjab Govt. in that behalf shall be final.
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49.15.0 Intoxicants
Contractor shall not permit or suffer the introduction or the use of
intoxicants upon the works embraced in this contract or upon any
of the ground occupied or controlled by him.
(iv) The contractor/firm shall provide EPF slips and Pay slips regularly
to every workmen working under him as it is mandatory under
various labor laws.
(v) The contractor shall issue the appointment letter to all workers
employed by him mentioning the contract period as per work
order. In case the work order further extended for a specific period
then he will again issue the appointment/ extension letter for the
same period.
(vi) The contractor/firm shall obtain Group Insurance Policy which
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