LDC-2077/078-01 (SQ)

NEPAL ELECTRICITY AUTHORITY

(A Government of Nepal Undertaking)
Distribution and Consumer Services Directorate
Gandaki Provincial Office
Lamjung Distribution Centre
Lamjung

Sealed Quotation Document

for
Construction of HT line at
Various Places Kholashothar Gaupalika, Ward No-8.

Sealed Quotation No: LDC-077/078-01 (SQ)

Purchasing Last Date/Time: 2077-07-25 until Working Hrs.
Submission Last Date/Time: 2077-07-26 until 12:00 Hrs.
Opening Date/Time: 2077-07-26 14:00 Hrs.

Issued to:

M/S …………………………………………………………………………………………..

…………………………………………………………………………………………

Construction of HT at
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TABLE OF CONTENTS

Section I. Invitation for Sealed Quotation ............................................................ 1

Section II. Instructions to Bidders......................................................................... 2

Section III. Sample Forms .................................................................................... 7

Section IV. General Conditions of Contract (GCC).............................................. 11

Section V. Special Conditions of Contract (SCC) ............................................. 222

Section VI. Technical Specification ................................................................... 244

Section VII : Drawings ......................................................................................... 255

Section VIII. Bill of Quantities .............................................................................. 299

Section IX. Sample Forms of Securities ..................................................................... 300

Construction of HT at
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Section I. Invitation for Sealed Quotation

Date of first publication: 2077-06-26

Quotatio Description Last Date Last Date Opening Cost Bank Bid Bond
n No. of Work of Bid Of Bid Date Of Details
Amount Validit Bank Details
Purchase Submissi Bid
(Nrs.) y
on Docu
Period
ment
NRs.

75 days Nabil Bank

Construction Nabil Bank from the A/C No :
LDC- of HT line at 2077.07.25 2077.07.26- 2077.07.26- 1000 A/C 55000.00 last 4401017500363
077/078- Varoius Office Time 12:00 14:00 Number: date of NEA Lamjung
01(SQ) Places of 04401017 bid Distribution
Kholashothar 500584 submiss Centre, Lamjung
Municipality-8 NEA ion
Lamjung
Distributio
n Centre
NEA shall not be responsible for any costs or expenses incurred by Bidders in connection with the
preparation or submission of bids.
1. NEA reserves the right to accept or reject any Bid, party or wholly, or cancel the Bids
altogether, without assigning any reason whatsoever.
2. The Bid document shall be applicable to National Competitive Bidding (NCB).
3. Interested eligible Bidders may obtain further information from the Office given below or Can
Visit www.bolpatra.gov.np for more information

Nepal Electricity Authority

Distribution and Consumer Services
Directorate
Gandaki Provincial Office
Lamjung Distribution Center,
Lamjung.
Tel : +977-66521405, 520377
Fax : +977-66521405

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Section II. Instructions to Bidders

1. Scope of Works The Employer stated in the Invitation for Sealed Quotation invites bids
for the construction of works as detailed in attached specifications,
drawings and the bill of quantities provided herein.

2. Eligible Bidder This Invitation for Sealed Quotation is open to all registered contractors
with qualifications as described below:
a) Up to date firm/company registration certificate
b) VAT and PAN registration certificates
c) Up to date tax clearance certificate
d) A written declaration made by the Bidder stating that the Bidder
is not ineligible to participate in the bid; has no conflict of
interest in the bid procurement proceedings and has not been
punished for the profession or business related offence.
e) Power of Attorney
f) Other documents as needed

3. One Bid per Each Bidder shall submit only one Quotation. A Bidder who submits
Bidder more than one Quotation shall cause all the Quotation with the Bidder‟s
participation to be disqualified.

4. Cost of Bidding The Bidder shall bear all costs associated with the preparation and
submission of his bid and the Employer shall in no case be liable for
those costs.

5. Site Visit The Bidder at his own cost, responsibility and risk may visit the site of
the works and acquire all necessary information for preparing the bid and
entering into a contract for construction of the works.

6. Content of The Quotation Form comprise the documents listed below:

Quotation Form Invitation for Sealed Quotation
Instructions to Bidders
Forms of Bid, Letter of Acceptance and Agreement
General Conditions of Contract (GCC)
Special Conditions of Contract (SCC)
Technical Specification
Drawings
Bill of Quantities
Sample Forms of Securities

7. Clarification A prospective Bidder may obtain clarification on the Quotation Form

from the Employer.

8. Language of All documents relating to the Sealed Quotation shall be in English or in

Quotation Nepali.

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9. Documents The Sealed Quotation by the Bidder shall comprise the following:
Comprising a. Sealed Quotation and Eligibility Information
Sealed
Quotation b. Quotation Security
c. Priced Bill of Quantities

10. Sealed The contract shall be for the whole works described in scope of works
Quotation Prices based on the priced Bill of Quantities submitted by the Bidder. The
Bidder shall fill in rates and prices for all items of the works in Nepali
Rupees. Items for which no rate or price is entered shall be deemed
covered by the other rates and prices in the Bill of Quantities and shall
not be paid separately by the Employer.
All duties, taxes and other levies payable by the contractor under the
contract shall be included in the rates, prices and total Bid Price
submitted by the Bidder.

11. Quotation The Sealed Quotation shall remain valid for the period of 45 days after
Validity opening of the Quotation.

12. Bid Security The Bidder shall furnish a Bid Security in Nepali Rupees for a value of
55000.00 (Fifty Five Thousand Rupees only) cash voucher deposited in
Lamjung Distribution Center's „Deposit account Number
'4401017500363' at Nabil Bank Limited, Lamjung Branch, Lamjung or a
Bank guarantee of at least75 (Seventy Five) days from opening date of
bid from any of the commercial bank approved by Nepal Rastra Bank.

13. Format and The Sealed Quotation shall be typed or written in indelible ink and shall
Signing of be signed by an authorized person. Any entries or amendments including
Quotation alternations, additions or corrections made shall be initialled by the same
authorized person.

14. Sealing and The Bidder shall submit his Quotation in sealed envelopes. The envelope
Marking of shall be addressed to the Employer specified in the Invitation for Sealed
Quotation Quotation and shall bear the name and identification number of the
Quotation.

15. Deadline for Sealed Quotation shall be delivered to the Employer at the address no
Submission of later than the time and date specified in the invitation for Sealed
Quotation Quotation.

16. Late Quotation Any Sealed Quotation received by the Employer after the deadline shall
not be accepted and shall be returned unopened to the Bidder upon
request.

17.Modification Sealed Quotation once submitted shall not be withdrawn or modified.

And Withdrawal
of Quotation

18. Quotation The Employer shall open the Sealed Quotation in the presence of the
Opening Bidders' representatives who choose to attend at the time and in the place
as specified in the Invitation for Sealed Quotation. But the absence of

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any or all Bidder or their authorized representative will not prevent the
opening of the SEALED .
The Employer shall prepare and provide minutes of the Sealed opening
including the information disclosed to those present.

19. Process to be Information relating to the examination, evaluation and comparison of

Confidential Sealed Quotation and recommendations for the award of a contract shall
not be disclosed to Bidders or any other persons not officially concerned
with such process until the award to the successful Bidder has been
announced. Any efforts by the Bidder to influence the Employer in the
Sealed Quotation evaluation, Sealed Quotation comparison or contract
award decisions may result in rejection of Bidder‟s Sealed Quotation.

20. Examination of Prior to the detailed evaluation of Sealed Quotation, the Employer shall
Quotation determine whether each bid
(a) meets the eligibility criteria defined in Clause 2;
(b) has been properly signed;
(c) is accompanied by the required securities; and
(d) is substantially responsive to the requirements of the Bidding
documents.

21. Evaluation and 21.1 In evaluating the Sealed Quotation, the Employer shall determine
Comparison of for each Sealed Quotation the evaluated Sealed Quotation Price by
Quotation adjusting any corrections for errors. Sealed Quotation shall be
checked by the Employer for any arithmetic errors. Errors shall be
corrected by the Employer as follows:
a. where there is a discrepancy between the amounts in figures and in
words, the amount in words shall govern; and
b. where there is a discrepancy between the unit rate and the line item
total resulting from multiplying the unit rate by the quantity, the
unit rate as quoted shall govern.
21.2 If the Bidder does not accept the corrected amount, the Sealed
Quotation shall be rejected and the Quotation Security may be
forfeited.

22. Award of 22.1 The Employer shall decide the award of the contract to the Bidder
Contract whose Sealed Quotation is within the approved estimate and who
has offered the lowest evaluated Quotation Price within 15 days of
the opening of the Quotation, provided that such Bidder has been
determined to be eligible in accordance with the provisions of
Clauses 2.

22.2 If the Sealed Quotation, which results in the lowest Evaluated

Quotation price, is unbalanced or frontloaded in relation to the
Employer‟s estimate of the items of Work to be performed under
the contract, the Employer shall ask the bidder to give clarification
with detailed rate analysis for any or all items of the Bill of
Quantities. If the clarification is found satisfactory then the
Employer shall increase at the expense of the bidder the
performance security set forth in Clause 25 by an additional 8% of

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the quoted amount to protect the Employer against financial loss in
the event of default of the successful bidder under the contract and
if the clarification is found unsatisfactory then the Employer may
reject such Sealed Quotation.

23. Employer's The Employer reserves the right to accept or reject any Sealed Quotation
Right to Accept or to cancel the bidding process and reject all Sealed Quotation, at any
any Sealed time prior to the award of the contract, without assigning any reasons
Quotation and to whatsoever and without thereby incurring any liability to the affected
Reject any or all Bidder or Bidders.
Sealed
Quotation

24. Notification of 24.1 The Bidder whose Sealed Quotation is accepted and all other
Award and participating bidders shall be notified of the award by the
Signing of Employer.
Agreement 24.2 The notification (hereafter called the “Letter of Acceptance”) to the
successful Bidder shall state the sum that the Employer shall pay
the Bidder in consideration of the execution, completion, and
maintenance of the works as described by the contract. Within 7
days of receipt of the Letter of Acceptance, the successful Bidder
shall deliver the Performance Security pursuant Clause 25 and sign
the Agreement.
24.3 Inability of the Bidder to make an Agreement within the above
stated period shall result in cancellation of the Contract Award and
forfeiture of the Bidder‟s Quotation Security, upon which the
Contract shall then be awarded to the next successive successful
Bidder.

25. Performance The successful Bidder shall deliver to the Employer a Performance
Security Security in cash or Bank Guarantee acceptable to the Employer
equivalent to 5 (Five) % of the Quotation amount.

26. Additional The Bidder may be required to provide additional Performance Security
Securities if the Employer determines that the rate quoted by the Bidder in the Bill
of Quantities, are too low for execution of the contract. In such case, the
Employer shall instruct the Bidder to provide additional 8% security for
signing of the Contract Agreement. Bidder‟s failure to do provide
additional security shall result in forfeiture of the Bid Security and award
of the Contract to the next lowest evaluated Bidder.

27. Corrupt or The Employer shall reject a Quotation for award if it determines that the
Fraudulent Bidder recommended for award of contract has engaged in corrupt or
Practices fraudulent practices in competing for the contract in question.

28. Conduct of 28.1 The Bidder shall be responsible to fulfil his obligations as per the
Bidders requirement of the Contract Agreement, Bidding documents, GoN‟s
Procurement Act and Regulations.
28.2 The Bidder shall not carry out or cause to carry out the following
acts with an intention to influence the implementation of the

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procurement process or the procurement agreement :
a) give or propose improper inducement directly or indirectly,
b) distortion or misrepresentation of facts
c) engaging or being involved in corrupt or fraudulent practice
d) interference in participation of other prospective bidders.
e) coercion or threatening directly or indirectly to cause harm to the
person or the property of any person to be involved in the
procurement proceedings,
f) collusive practice among bidders before or after submission of
bids for distribution of works among bidders or fixing
artificial/uncompetitive bid price with an intention to deprive
the Employer the benefit of open competitive Quotation price..
g) contacting the Employer with an intention to influence the
Employer with regards to the Quotation or interference of any
kind in examination and evaluation of the Sealed Quotation
during the period after opening of Sealed Quotation up to the
notification of award of contract

29. Blacklisting 29.1 Without prejudice to any other right of the Employer under this
Bidder Contract, GoN, Public Procurement Monitoring Office may
blacklist a bidder for his conduct up to three years on the following
grounds and seriousness of the act committed by the bidder:
a) if it is proved that the bidder committed acts pursuant to the Sub
- Clause 28.2,
b) if the bidder fails to sign an agreement pursuant to Sub - Clause
24.2,
c) if it is proved later that the bidder/contractor had committed
substantial defect in implementation of the contract or had not
substantially fulfilled his obligations under the contract or the
completed work is not of the specified quality as per the contract
d) if convicted by a court of law in a criminal offence which
disqualifies the bidder from participating in the contract.
e) if it is proved that the contract agreement signed by the bidder
was based on false or misrepresentation of bidder‟s qualification
information,
f) other acts mentioned in the Bidding Data
29.2 A firm declared blacklisted and ineligible by the GON shall be
ineligible to Sealed Quotation for a contract during the period of
time determined by the PPMO.

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Section III. Sample Forms

Sealed Quotation

We have examined the documents listed in Instruction to Bidders, Clause 4 and offer
to execute the Works in conformity with the Contract for the sum of
……………………………………………………………………………………....................
....................................................................(in words) ………………………. (in
figures) or such other sum as may be ascertained under the contract.

This Sealed Quotation shall remain binding until 45 days from the date fixed for
sealed Quotation opening. This Sealed Quotation and your written acceptance of it
shall constitute a binding contract between us.

We understand that the Employer is not bound to accept the lowest or any offer
received for the Works.

Signature _____________________________ Date: _________________________

Name : _______________________________

Authorised to sign on behalf of (organisation name):__________________________

Designation: ______________________

Office Stamp of the Organisation: ____________________________________

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Eligibility Information

Notes to Bidders

The information to be filled in by Bidders in the following pages shall be used for purposes of
eligibility as provided for in Clause 2 of the Instructions to Bidders. This information shall not
be incorporated in the Contract. Attach additional pages as necessary.

1. Eligibility Requirements:

All Bidders shall submit following documents as pre- requisites for eligibility:

a. Constitution or legal status of Bidder: [attach copy]

b. Up to date Registration Certificate: [attach copy]
c. PAN Registration Certificate: [attach copy]
d. Up to date Tax Returns/ Clearance: [attach copy]
e. Power of Attorney: [attach copy]
f. Place of registration: ..........................

g. A written declaration made by the Bidder stating that the Bidder is not
ineligible to participate in the bid; has no conflict of interest in the bid
procurement proceedings and has not been punished for the profession or
business related offence.
h. Principal Place of business: ............................

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NEPAL ELECTRICITY AUTHORITY

(A Government of Nepal Undertaking)
Distribution and Consumer Service Directorate
Pokhara Regional Office
Lamjung Distribution Centre
Lamjung

Letter of Acceptance

Date: ________________________

To: ...............................................
..................................................

This is to notify you that your Sealed Quotation dated [date] for execution of the
[name of the Contract and identification number, as given in the Invitation for
Quotation] for the Contract Price of [insert the amount in Nepalese Rupees in
numbers and words] as corrected and modified1 in accordance with the Instructions
to Bidders is hereby accepted by our Agency.

You are hereby instructed to contact our office [Office address] to sign the formal
agreement on [date] at [time]. As per the Instructions to Bidders you are also
required to submit Performance Security, as specified in the Section VIII Sample
Forms of Securities, consisting of a Bank Guarantee in an approved format or cash
deposit voucher in favour of the Employer in the Employer's Bank account [enter
account details].

The Employer shall forfeit the bid security, in case you fail to furnish the Performance
Security and to sign the contract.

Please convey our unconditional acceptance by signing on the original of this letter
and submit the required Performance Security at the time of formal agreement.

Authorised Signature: ............................

Name:
Designation:

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Agreement

THIS AGREEMENT made the ___ _____day of ______________between Nepal

Electricity Authority (NEA), Distribution and Consumer Services Lamjung Distribution
Centre, Lamjung, Nepal of the one part, hereinafter referred to as NEA and
______________________________________________________ hereinafter referred to as
“the CONTRACTOR” of the other part:

Whereas the Employer is desirous that the contractor execute [name and identification
number of contract] (hereinafter called “the Works”) and the Employer has accepted the bid
for ________________ [insert the amount in Nepalese Rupees in numbers and words] by the
contractor for the execution and completion of such Works and the remedying of any defects
therein.

Now this Agreement witnessed as follows:

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to, and they
shall be deemed to form and be read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Employer to the contractor as

hereinafter mentioned, the contractor hereby covenants with the Employer to execute and
complete the Works and remedy any defects therein in conformity in all respects with the
provisions of the Contract.

3. The Employer hereby covenants to pay the contractor in consideration of the

execution and completion of the Works and the remedying of defects wherein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.

In Witness whereof the parties thereto have caused this Agreement to be executed the day
and year first before written.

The Common Seal of

Was hereunto affixed in the presence of:

Signed, Sealed, and Delivered by the said

in the presence of:

Binding Signature of Employer

Binding Signature of Contractor ____________________________________________

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Section IV. General Conditions of Contract (GCC)

1. General Provisions
1.1 Definitions In the Contract as defined below, the words and expressions
defined shall have the following meanings assigned to them,
except where the context requires otherwise:

The Contract 1.1.1 “Contract” means the Agreement signed between the
Employer and the contractor and the other documents
listed in the Special Conditions of Contract (SCC).
1.1.2 “Specification” means the document as listed in the SCC,
and any variation to such document.
1.1.3 “Drawings” means the Employer‟s drawings of the Works
as listed in the SCC, and any variation to such drawings.
1.1.4 “Bill of Quantities” means the priced and completed bill
of quantities forming part of the Sealed Quotation.
1.1.5 “Bid or Quotation” means the contractor‟s priced offer to
the Employer for the execution and completion of the
Works and the remedying of any defects therein in
accordance with the provisions of the Contract, as accepted
by the Letter of Acceptance.
1.1.6 “Letter of Acceptance” means the formal acceptance by
the Employer of the Sealed Quotation.

Persons 1.1.7 “Employer” means Nepal Electricity Authority (NEA)

Lamjung Distribution Center, Lamjung and the person
named in the Agreement and the legal successors in title to
this person, but not (except with the consent of the
contractor) any assignee.
1.1.8 “Contractor” means the person named in the Agreement
and the legal successors in title to this person, but not
(except with the consent of the Employer) any assignee.
1.1.9 “Party” means either Employer or the contractor.

Date, Times 1.1.10 "Commencement Date" means the date stated in the SCC
and Periods
after the date the Agreement comes into effect or any other
date agreed between the Parties.
1.1.11 "Day" means a calendar day.
1.1.12 "Time for Completion" means the time for completing the
Works as stated in the SCC (or as extended under Sub-
Clause 6.3), calculated from the Commencement Date.

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Money and 1.1.13 "Cost" means all expenditure properly incurred (or to be
Payments
incurred) by the contractor, whether on or off the Site,
including overheads and similar charges, but does not
include profit.
1.1.14 “Contract Price” means the sum stated in the Letter of
Acceptance as payable to the contractor and adjusted with
any Variation Orders and Other Adjustments upon
completion of the works and the remedying of any defects
therein in accordance with the provisions of the Contract.
1.1.15 “Retention Money” means the aggregate of all monies
retained by the Employer pursuant to Sub-Clause 10.3

Other 1.1.16 “Contractor's Equipment" means all apparatus,

Definitions
machinery, vehicles, facilities and other things required for
the execution of the Works but does not include Materials
or Plant.
1.1.17 "Country" means Nepal.
1.1.18 "Employer's Liabilities" means those matters listed in
Sub-Clause 5.1.
1.1.19 "Materials" means things of all kinds (other than Plant)
intended to form or forming part of the permanent work.
1.1.20 "Plant" means the machinery and apparatus intended to
form or forming part of the Permanent Works.
1.1.21 "Site" means the places provided by the Employer where
the Works are to be executed, and any other places
specified in the Contract as forming part of the Site.
1.1.22 "Variation" means any change which is a result of
unforeseen circumstances that arise as a result of
instruction by the Employer/ Engineer under Sub-Clause
9.1.
1.1.23 "Works" means all the work and design (if any) to be
performed by the contractor including temporary work and
any Variation.
1.1.24 “Permanent Works” means the permanent works to be
executed (Including Plant) in accordance with the Contract.
1.1.25 “Temporary Works” means all temporary works of every
kind (other than contractor‟s Equipment) required in or
about the execution and completion of the Works and the
remedying of any defects therein.

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1.1.26 “Adjudication” means the procedure to be adopted by the

contractor and the Employer in solving the dispute if it is
not solved amicably pursuant to Sub-Clause 13.1.

1.2 Interpretation Words importing persons or parties shall include firms and
organisations. Words importing singular or one gender shall
include plural or the other gender where the context requires.

1.3 Priority of The documents forming the Contract shall to be taken as mutually
Documents explanatory of one another. If an ambiguity or discrepancy is
found in the documents, the Employer shall issue any necessary
instructions to the contractor, and the priority of the documents
shall be in accordance with the order as listed in the SCC.

1.4 Law The applicable law shall be Laws of Nepal.

1.5 Communications Where provision is made for the giving or issue of any notice,
instruction, or other communication by any person, unless
otherwise specified such communication shall be written in the
language stated in the SCC as shall not be unreasonably withheld
or delayed.

If a notice given pursuant to Sub Clause 1.5 fails to be delivered

due to failure to trace the address of the party then the notice shall
be published as public notice in a National daily newspaper and
when the notice is so published then the notice shall be considered
to be delivered to the concerned party.

1.6 Statutory The contractor shall comply with the laws of the countries where
Obligations activities are performed. The contractor shall give all notices and
pay all fees and other charges in respect of the Works.

2. The Employer
2.1 Provision of The Employer shall provide the Site and right of access there to at
Site the times stated in the SCC.

2.2 Permits and The Employer shall, if requested by the contractor, assist him in
Licenses applying for permits, licences or approvals which are required for
the Works.

2.3 Employer's The contractor shall comply with all instructions given by the
Instructions Employer in respect of the Works including the suspension of all
or part of the Works.

2.4 Approvals No approval or consent or absence of comment by the Employer

or the Employer's representative shall affect the contractor's
obligations.

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3. Employer's Representatives
3.1 Authorised One of the Employer's personnel shall have authority to act for
Person him. This authorised person shall be as stated in the SCC, or as
otherwise notified by the Employer to the contractor.

3.2 Employer's The Employer may also appoint a firm or individual to carry out
Representative certain duties. The appointee may be named in the SCC, or
notified by the Employer to the contractor from time to time. The
Employer shall notify the contractor of the delegated duties and
authority of this Employer's representative.

4. The Contractor
4.1 General The contractor shall carry out the Works properly and in
Obligations accordance with the Contract. The contractor shall provide all
supervision, labour, Materials, Plant and contractor's Equipment
which may be required. All Materials and Plant on Site shall be
deemed to be the property of the Employer.
During continuance of the contract, the contractor and his sub-
contractors shall abide at all times by all labour laws, including
child labour related enactments, and rules made there under.

A child who has not attained the age of fourteen years shall not be
employed in any work as a labourer.

4.2 Contractor's The contractor shall submit to the Employer for consent the name
Representative and particulars of the person authorised to receive instructions on
behalf of the contractor.

4.3 Subcontracting The contractor shall not subcontract the whole of the Works. The
contractor shall not subcontract any part of the Works without the
consent of the Employer.

4.4 Performance As stated in the SCC, the Contractor shall deliver to the Employer
Security no later than the date specified in the Letter of Acceptance.

5. Employer's Liabilities
5.1 Employer’s In this Contract, Employer's Liabilities mean:
Liabilities a. war, hostilities (whether war be declared or not), invasion, act
of foreign enemies, within the Country,
b. rebellion, terrorism, revolution, insurrection, military or
usurped power, or civil war, within the Country,
c. Riot, commotion or disorder by persons other than the
contractor's personnel and other employees, affecting the Site
and/or the Works.

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d. use or occupation by the Employer of any part of the Works,

except as may be specified in the Contract,
e. design of any part of the Works by the Employer's personnel
or by others for whom the Employer is responsible,
f. any operation of the forces of nature affecting the Site and/or
the Works, which was unforeseeable or against which an
experienced contractor could not reasonably have been
expected to take precautions
g. a suspension under Sub-Clause 2.3 unless it is attributable to
the contractor's failure,
h. any failure of the Employer,
i. physical obstructions or physical conditions, other than
climatic conditions, encountered on the Site during the
performance of the Works, which obstructions or conditions
were not reasonably foreseeable by an experienced contractor
and which the contractor immediately notified to the
Employer,
j. any delay or disruption caused by any Variation,
k. any change to the law of the Contract after the date of the
contractor's offer as stated in the Agreement,
l. losses arising out of the Employer's right to have the
permanent work executed on, over, under, in or through any
land, and to occupy this land for the permanent work, and
m. damage which is an unavoidable result of the contractor's
obligations to execute the Works and to remedy any defects.

6. Time for Completion

6.1 Execution of The contractor shall commence the Works on the Commencement
the Works Date and shall proceed expeditiously and without delay and shall
complete the Works within the Time for Completion.

6.2 Programme The contractor shall submit to the Employer a programme for the
Works within the time stated in the SCC.

6.3 Extension of The contractor shall be entitled to an extension to the Time for
Time Completion if he is or shall be delayed by any of the Employer's
Liabilities.
The contractor shall submit an application to the Employer for
extension of time, stating the causes for delay, 7 days before the
expiry of the Contract completion date.
On receipt of an application from the contractor, the Employer
shall consider all supporting details provided by the contractor and
shall extend the Time for Completion as appropriate.

6.4 Liquidated If the contractor fails to complete the Works within the Time for

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Damages for Completion, the contractor's liability to the Employer for such
Delay failure shall be to pay the amount stated in the SCC for each day
for which he fails to complete the Works.

7. Taking-Over
7.1 Completion The contractor may notify the Employer when he considers that
the Works are complete.

7.2 Taking-Over The Employer shall notify the contractor when he considers that
Notice the contractor has completed the Works stating the date
accordingly. Alternatively, the Employer may notify the
contractor that the Works, although not fully complete, are ready
for taking over, stating the date accordingly.

The Employer shall take over the Works upon the issue of this
notice. The contractor shall promptly complete any outstanding
work and, subject to Clause 8, clear the Site.

8. Remedying Defects
8.1 Remedying The Employer may at any time prior to the expiry of the period
Defects stated in the SCC, notify the contractor of any defects or
outstanding work. The contractor shall remedy at no cost to the
Employer any defects due to the contractor's design, materials,
plant or workmanship not being in accordance with the Contract.

Failure to remedy any defects or complete outstanding work

within a reasonable time of the Employer's notice shall entitle the
Employer to carry out all necessary work at the contractor's cost.

8.2 Uncovering The Employer may give instruction as to the uncovering and/or
and Testing testing of any work. Unless as a result of any uncovering and/or
testing it is established that the contractor's design, materials, plant
or workmanship are not in accordance with the Contract, the
Contractor shall be paid for such uncovering and/or testing as a
Variation in accordance with Sub-Clause 9.2.

9. Variations and Claims

9.1 Right to Vary The Employer may instruct Variations.

9.2 Valuation of Variations shall be valued as follows:

Variations a. where appropriate, at rates in the Contract, or
b. in the absence of appropriate rates, the rates in the Contract
shall be used as the basis for valuation or
c. at appropriate new rates, as may be agreed or which the
Employer considers appropriate.

9.4 Right to Claim If the contractor incurs cost as a result of any of the Employer's

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Liabilities, the contractor shall be entitled to the amount of such
cost. If as a result of any of the Employer's Liabilities, it is
necessary to change the Works, this shall be dealt with as a
Variation.

9.5 Variation and The contractor shall submit the Employer an itemised make-up of
Claim the value of Variations and claims within 7 days of the instruction
Procedure or of the event giving rise to the claim. The Employer shall check
and if possible agree the value. In the absence of agreement, the
Employer shall determine the value.

10. Contract Price and Payment

10.1 Valuation of The Contract Bill of Quantities and the approved Variation
the Works quantities shall be used to calculate the valuation of the works
completed. The contractor shall be paid for the quantity of work
done at the rate in the Bill of Quantities or rate agreed pursuant to
clause 9.2 for varied works.

10.2 Payments The Contractor shall submit to the Employer monthly statements
Certificates of the estimated value of the works completed less the cumulative
amount certified previously. The Employer shall check the
Contractor‟s monthly statement and certify the amount to be paid
to the Contractor

10.3 Payments The Employer shall pay to the contractor the amount certified less
retention at the rate stated in the SCC within 30 days of the date of
each certificate.

10.4 Payment of One half of the retention shall be repaid by the Employer to the
Retention contractor within 30 days upon expiry of Defects Liability Period
and the Employer has certified that the notified defects have been
corrected.
The remainder of the retention shall be paid by the Employer to
the contractor within 7 days after submission of evidence
document from the concerned Internal Revenue Office that the
contractor has submitted his Income Returns

10.5 Advance Payment No provision for advance payment.

10.6 Local Taxation a. The prices quoted by the Contractor shall include all taxes that
& Value Added may be levied in accordance to the laws and regulations in
Tax being in Nepal.
b. The Contract is not exempted from value added tax. The
Contractor shall pay VAT in the concerned VAT office within
time frame specified in VAT regulation.

11. Termination of Contract

11.1 Default by If the contractor abandons the Works, refuses or fails to comply
Contractor with a valid instruction of the Employer or fails to proceed

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expeditiously and without delay or is, despite a written complaint,
in breach of the Contract, the Employer may give notice referring
to this Sub-Clause and stating the default.

If the contractor has not taken all practicable steps to remedy the
default within 15 days after the contractor's receipt of the
Employer's notice, the Employer may, by a second notice given
within a further 22 days, terminate the Contract. The Contractor
shall then demobilize from the Site leaving behind Materials and
Plant and any contractor's Equipment which the Employer
instructs in the second notice to be used until the completion of the
Works.

11.2 Default by If the Employer fails to pay in accordance with the Contract, or is,
Employer despite a written complaint, in breach of the Contract, the
contractor may give notice referring to this Sub-Clause and stating
the default. If the default is not remedied within 7 days after the
Employer's receipt of this notice, the contractor may suspend the
execution of all or parts of the Works.

If the default is not remedied within 30 days after the Employer's

receipt of the contractor's notice, the contractor may, by a second
notice given within a further 22 days, terminate the Contract. The
contractor shall then demobilise from the Site.

11.3 Insolvency If a Party is declared insolvent under any applicable law, the other
Party may by notice terminate the Contract immediately. The
contractor shall then demobilise from the Site leaving behind, in
the case of the contractor's insolvency, any contractor's Equipment
which the Employer instructs in the notice is to be used until the
completion of the Works.

11.4 Termination Notwithstanding the above, the Employer shall be entitled to

by terminate the Contract in public interest, at any time at the
Convenience Employer‟s convenience, by giving notice of such termination to
the contractor.

11.5 Payment upon After termination, the contractor shall be entitled to payment of
Termination the unpaid balance of the value of the Works executed and of the
Materials and Plant reasonably delivered to the Site, adjusted by
the following:
a. any sums to which the contractor is entitled under Sub-Clause
9.4,
b. any sums to which the Employer is entitled,
c. if the Employer has terminated under Sub-Clause 11.1 or 11.3,
the Employer shall be entitled to a sum equivalent to 20% of
the value of those parts of the Works not executed at the date
of the termination,
d. if the contractor has terminated under Sub-Clause 11.2 or

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11.4, the contractor shall be entitled to the Cost of his
suspension and demobilisation together with a sum equivalent
to 10% of the value of those parts of the Works not executed
at the date of termination

The net balance due shall be paid or repaid within 30 days of the
notice of termination.

12. Risk and Responsibility

12.1 Contractor's The contractor shall take full responsibility for the care of the
Care of the Works from the Commencement Date until the date of the
Works Employer's notice under Sub-Clause 7.2. Responsibility shall then
pass to the Employer. If any loss or damage occurs to the Works
during the above period, the contractor shall rectify such loss or
damage so that the Works conform to the Contract.

12.2 Force Majeure If a Party is or shall be prevented from performing any of its
obligations by Force Majeure, the Party affected shall notify the
other Party immediately. If necessary, the contractor shall
suspend the execution of the Works and, to the extent agreed with
the Employer, demobilise the contractor's Equipment.

If the event continues for a period of 90 days, either Party may

then give notice of termination which shall take effect 30 days
after the giving of the notice.

After termination, the contractor shall be entitled to payment of

the unpaid balance of the value of the Works executed and of the
Materials and Plant reasonably delivered to the Site, adjusted by
the following:
a. any sums to which the contractor is entitled under Sub-Clause
9.4,
b. the Cost of his suspension and demobilisation,
c. any sums to which the Employer is entitled.
The net balance due shall be paid or repaid within 30 days of the
notice of termination.

13. Resolution of Disputes

13.1 Adjudication If any dispute shall arises out of or in connection with the
Contract, including any valuation or other decision of the
Employer, then the parties shall attempt to settle such dispute
amicably. However if the dispute is not settled amicably then the
dispute shall be referred to the Adjudicator. The adjudicator shall
be any person agreed by the Parties. In case of disagreement the
Employer shall request Nepal Council of Arbitration (NEPCA) for
appointment of the Adjudicator.

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13.2 Amicable If either Party is dissatisfied with the decision of the adjudicator
Settlement attempt shall be made to resolve the dispute amicably.

14. Conduct of 14.1 The Bidder shall be responsible to fulfil his obligations as per
Bidders the requirement of the Contract Agreement, Bidding
documents, GoN‟s Procurement Act and Regulations.
14.2 The Bidder shall not carry out or cause to carryout the
following acts with an intention to influence the
implementation of the procurement process or the
procurement agreement :
h) give or propose improper inducement directly or
indirectly,
i) distortion or misrepresentation of facts
j) engaging or being involved in corrupt or fraudulent
practice
k) interference in participation of other prospective bidders.
l) coercion or threatening directly or indirectly to cause harm
to the person or the property of any person to be involved
in the procurement proceedings,
m) collusive practice among bidders before or after submission
of bids for distribution of works among bidders or fixing
artificial/uncompetitive bid price with an intention to
deprive the Employer the benefit of open competitive bid
price..
n) contacting the Employer with an intention to influence the
Employer with regards to the bid or interference of any
kind in examination and evaluation of the bids during the
period after opening of bids up to the notification of award
of contract

15. Blacklisting 15.1 Without prejudice to any other right of the Employer under
Bidder this Contract, GoN, Public Procurement Monitoring Office
may blacklist a bidder for his conduct up to three years on
the following grounds and seriousness of the act committed
by the bidder:
g) if it is proved that the bidder committed acts pursuant to
the Sub - Clause 14.2,
h) if the bidder fails to sign an agreement pursuant to
Instruction to Bidders Sub - Clause 24.2,
i) if it is proved later that the bidder/contractor had
committed substantial defect in implementation of the
contract or had not substantially fulfilled his obligations
under the contract or the completed work is not of the
specified quality as per the contract ,
j) if convicted by a court of law in a criminal offence which
disqualifies the bidder from participating in the contract.
k) if it is proved that the contract agreement signed by the

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bidder was based on false or misrepresentation of bidder‟s
qualification information,
l) other acts mentioned in the Bidding Data

15.2 A firm declared blacklisted and ineligible by the GON shall

be ineligible to bid for a contract during the period of time
determined by the PPMO.

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Section V. Special Conditions of Contract (SCC)

This SCC forms part of the Agreement
Item Clause Data

Documents forming the Contract 1.1.1

listed in the order of priority

Document Document Identification

a. The Agreement
b. Special Conditions of
Contract
c. General Conditions of
Contract
d. The Technical Specifications
e. The Drawings
f. The Bill of Quantities
Time for Completion 1.1.12 12 Months from the Contract Date

Location of Site 1.1(cc) Various Places of Kholashothar Gaupalika-08

Work Required 1.1 (jj) Construction of HT Line

Law of Contract 1.4 Applicable Law of Nepal

Language 1.5 English or [in Nepali version]

Provision of Site 2.1 On the commencement date

Authorised person 3.1 Distribution Centre Chief

Name and address of Employer's 3.2 Lamjung Distribution Centre,

representative Nepal Electricity Authority (NEA),
Lamjung, Nepal
Ph. No. 066-521077, 520377
Fax: 066- 521265
Performance security (if any): 5(Five) % of the contract price
Amount: 4.4 Security format Attached in section X
Form:

Time for the submission of 6.2 Within 7(Seven) days of the

programme commencement date

Liquidated Damages for Delay 6.4 0.05% of the Contract Price per day up to
a maximum of 10% of sum stated in the
Agreement

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Item Clause Data

Period for notifying defects 8.1 365 days calculated from the date stated
in the notice under Sub-Clause 8.1.

Percentage of retention 10.3 5% of each payment made to the

Contractor

Advance Payment 10.5 No Provision for advance payment

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Section VI. Technical Specification

1. TECHNICAL SPECIFICATION OF WORKS

A. Erection of PSC pole/wooden pole/Tubular pole:

i. Transportation from site store to construction place

ii. A minimum of 1.6 m depth hole for 9 meter Poles and 1.8 m depth
hole for 10 meter poles shall be dug for erection of the pole. After
erection, proper ramming shall be done around the pole.
iii. The pole should be straight (perpendicular to the ground.)

B. Erection of stay set and wire:

i. Stay plate shall be at the depth of 6 feet.

ii. Stay insulator shall be put in stay wire at least 12 feet above ground
level.
iii. Stay wire shall be in tension.

C. Stringing of 0.05/0.03 Sq.inch ACSR conductor:

i. The conductors shall be in tension after stringing.

ii. Stringing of conductor includes fittings of channel, Bracket, pin
insulator, disc insulator/ or D-iron shackle, dead end points, jumpering
shall be used as required.
iii. Double disk insulator has to be installed in certain points of Network.
iv. In all dead-end points, jumpering shall be connected by PG clamps.
v. The size of conductors to string in particular poles shall be as directed
by NEA.

D. Final completion report should be submitted with the site Incharge‟s verification.

E. Dismantling of existing lines and shifting of lines:

After erection of poles, all conductor and other line materials shall be shifted from
old wooden poles to new steel poles, and the line should be charged to be in
perfect running conditions. Those old lines should be dismantled with proper care
and the materials should be submitted to the store of Lamjung Distribution Centre.

F. Dismantling/Installation of Unit Tower Set and Transformer

I. Unit tower set should be straight (perpendicular to ground).

II.Metering unit should be properly connected and shall be as directed by
NEA.
III. All hardware connections should be tight enough.
IV. Grounding should be effective and shall be provided in both high voltage
and low voltage sections
2. Other works as directed by site in charge.

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Section VII : Drawings

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Nepal Electricity Authority

Lamjung Distribution Center Ph No: 066-521405,
Fax No: : 066-521405,
Besisahar, Lamjung email : nealamjung@gmail.com
lamjung@nea.org.np
VIII. Bill of Quantities
Quotation No: LDC 2077/078-01 (SQ)
Job Title :Construction of HT line at Kholashothar Gaupalika-08, Lamjung.

Plz Visit the site www. bolpatra.gov.np

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Section IX. Sample Forms of Securities

Bid Security (Bank Guarantee)

Whereas, [name of Bidder] (hereinafter called “the Bidder”) has submitted his Quotation (bid)
dated [date] for the construction of [name of Contract] (hereinafter called “the bid”).

Know all people by these presents that We [name of Bank] of [name of country] having our
registered office at [address] (hereinafter called “the Bank”) are bound unto [name of
Employer] (hereinafter called “the Employer”) in the sum of [amount] for which payment well
and truly to be made to the said Employer, the Bank binds itself, its successors, and assigns by
these presents.
Sealed with the Common Seal of the said Bank this [day] day of [month], [year].
The conditions of this obligation are:
(1) If, after bid opening, the Bidder withdraws his bid during the period of bid validity specified in
the Form of Bid; or

(2) If the Bidder having been notified of the acceptance of his bid by the Employer during the
period of bid validity:

(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instruction to
Bidders; or
(c) does not accept the correction of the bid,
we undertake to pay to the Employer up to the above amount upon receipt of his first written
demand, without the Employer‟s having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed by him is due to him owing to the occurrence of
one or any of the three conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date [number] days2 after the
deadline for submission of bids as such deadline is stated in the Instructions to Bidders or as it
may be extended by the Employer, notice of which extension(s) to the Bank is hereby waived.
Any demand in respect of this Guarantee should reach the Bank not later than the above date.

Date Signature of the Bank ____________________________________

Witness Seal ____________________________________

____________________________________________________________________________
[Signature, name, and address]

2
75 days after submission bids as per the provision of PPR 2007.. The date should be inserted by the Employer before the bidding documents are
issued.

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Performance Bank Guarantee

To: [name and address of Employer]

Whereas [name and address of contractor] (hereinafter called “the contractor”) has undertaken,
in pursuance of Contract No. [Number] dated [date] to execute [name of Contract and brief
description of Works] (hereinafter called “the Contract”);

And whereas it has been stipulated by you in the said Contract that the contractor shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

And whereas we have agreed to give the contractor such a Bank Guarantee;

Now therefore we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the contractor, up to a total of [amount of Guarantee] [amount in words] 3 such sum being
payable in the types and proportions of currencies in which the Contract Price is payable, and
we undertake to pay you, upon your first written demand and without cavil or argument, any
sum or sums within the limits of [amount of Guarantee] 4 as aforesaid without your needing to
prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract
or of the Works to be performed there under or of any of the Contract documents which may be
made between you and the contractor shall in any way release us from any liability under this
Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall be valid for at least 30 days beyond the date of issue of Defects Liability
Certificate.

Signature and seal of the Guarantor

Name of Bank
Address
Date

3
An amount is to be inserted by the Guarantor, representing the percentage of the Contract Price specified in the Contract, and denominated in
Nepalese Rupees.
4
The Unconditional (or “On-Demand”) Bank Guarantee has the merit of simplicity and of being universally known and accepted by commercial banks.
The contracting community, however, strongly objects to this type of Security because the Guarantee can be called (or threatened to be called) by
Employers without justification. Employers should recognize the contractual conditions governing non-performance by the Contractor and should
normally act only on the advice of the Project Manager in calling a Performance Guarantee.

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 SECTION-VI
Bill of Quantities
Notes for Unit Rate Contracts :
Objectives
The objectives of the Bill of Quantities are
(a) to provide sufficient information on the quantities of Works to be performed to enable Bids to be
prepared efficiently and accurately; and
(b) when a Contract has been entered into, to provide a priced Bill of Quantities for use in the periodic
valuation of Works executed.

In order to attain these objectives, Works should be itemized in the Bill of Quantities in sufficient detail to
distinguish between the different classes of Works, or between Works of the same nature carried out in different
locations or in other circumstances which may give rise to different considerations of cost. Consistent with
these requirements, the layout and content of the Bill of Quantities should be as simple and brief as possible.
Content
The Bill of Quantities should be divided generally into the following sections:
(a) Preamble;
(b) Work Items (grouped into parts);
(c) Day works Schedule;
d) Provisional Sums; and
(d) Summary.

Preamble
The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of measurement
which have been adopted in the preparation of the Bill of Quantities and which are to be used for the
measurement of any part of the works.

Work Items
The items in the Bill of Quantities should be grouped into sections to distinguish between those parts of the
Works which by nature, location, access, timing, or any other special characteristics may give rise to different
methods of construction, or phasing of the Works, or considerations of cost. General items common to all parts
of the works may be grouped as a separate section in the Bill of Quantities.
Day work Schedule
A Day work Schedule should be included only if the probability of unforeseen work, outside the items included in
the Bill of Quantities, is high. To facilitate checking by the Employer of the realism of rates quoted by the
Bidders, the Day work Schedule should normally comprise the following:
(a) A list of the various classes of labor, materials, and Constructional Plant for which basic day work rates
or prices are to be inserted by the Bidder, together with a statement of the conditions under which the
Contractor will be paid for work executed on a day work basis.
(b) Nominal quantities for each item of Day work, to be priced by each Bidder at Day work rates as bid. The
rate to be entered by the Bidder against each basic Day work item should include the Contractor’s profit,
overheads, supervision, and other charges.
Provisional Sums
A general provision for physical contingencies (quantity overruns) may be made by including a provisional sum
in the Summary Bill of Quantities. Similarly, a contingency allowance for possible price increases should be
provided as a provisional sum in the Summary Bill of Quantities. The inclusion of such provisional sums often
facilitates budgetary approval by avoiding the need to request periodic supplementary approvals as the future
need arises. Where such provisional sums or contingency allowances are used, the Contract Data should state
the manner in which they will be used, and under whose authority (usually the Project Manager’s).

Summary
The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried forward, with
provisional sums for Day work, for physical (quantity) contingencies, and for price contingencies (upward price
adjustment) where applicable.

These Notes for Preparing Specifications are intended only as information for the Employer or the person
drafting the Bidding documents. They should not be included in the final documents.
 Bill of Quantities
1 Provisional Sum
Procument Item Details

SL.
Item Description Unit Quantity Unit Rate(NPR) Amount(NPR)
No

1 0 0.0 0.0 0.00

2 Electricity gas nuclear energy and fuels steam hot water and other sources of energy
2.1 Electricity

Procument Item Details

SL. Bidder's Rate Bidder's Rate (in Total Amount

Item Description Unit Quantity
No (NPR) words) (NPR)

Errection of 10-12 Mtr Steel Tubalar

1 Nos 162.0
Pole

Stringing of 0.05 ACSR Conductor

2 Km 8.09
(HT 3Wire)

3 Installation of Stay Sets Sets 65.0

Transportation of Line Materials from

4 Office store to site by Truck/Tractor Kg 33493.34
(40km Avrage from Office Store).
Transportation of Line Materials from
5 Site to Working site by Men Including Job 1.0
Loading and Unloading Work.

6 Bush Cutting Works Km 5.0

Total of Procument Items

Total Item Price

VAT

Grand Total