6 of M The Effective Date of Contract shall be the date of issuance of LOI (Letter of Intent) by the Owner.

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1 Clause Type 1. Master Index 1 of 2 M MASTER INDEX NIT : PNPM/EM-250/E/G-205 NIT DESCRIPTION: MASTER INDEX NIT : PNPM/EM-250/E/G-205/NCB NIT DESCRIPTION: Part-I, Commercial, 3. Part-I, Commercial, 4. Part-I, Commercial, 6 of M The Effective Date of Contract shall be the date of issuance of LOI (Letter of Intent) by the Owner. 9 of M Bids must be accompanied with 'Earnest Money Deposit (EMD) / Bid Security' in the form of 'Demand Draft' or 'Banker's Cheque' or 'Bank Guarantee'. The amount of EMD shall be as indicated in the LIB (Letter Inviting Bid). The Bidder shall furnish as part of his Bid, EMD in the form of a Bank guarantee. 9 of M In case EMD is submitted in form of BG, then the EMD offered shall be an irrevocable Bank Guarantee, issued by any scheduled nationalized bank (refer Annexure-1.25 for the list of approved banks) on a non judicial stamp paper of appropriate value, on a stamp paper of appropriate value. Performa of the Bank guarantee is enclosed as Annexure The Effective Date of Contract shall be the date of issuance of LOI (Letter of Intent) by the Owner/Consultant. Bids must be accompanied with 'Earnest Money Deposit (EMD) / Bid Security' in the form of 'Demand Draft' or 'Banker's Cheque' or 'Bank Guarantee'. The amount of EMD shall be as indicated in the LIB (Letter Inviting Bid). In case EMD is submitted in form of BG, then the EMD offered shall be an irrevocable Bank Guarantee, issued by any scheduled nationalized bank (refer Annexure-1.25 for the list of approved banks) on a non judicial stamp paper of appropriate value. Performa of the Bank guarantee is enclosed as Annexure of 13

2 Clause Type 5. Part-I, Commercial, 6. Part-I, Commercial, 7. Part-I, Commercial, 13 of M The shall quote in their proposals, the firm Price/Rate for the entire scope of work as per Schedule of Rates (SOR), inclusive of all taxes, duties, levies, BOCW Cess (if any) etc. except GST. (Refer Section-5 of Part-II, Technical for Schedule of Rates). 14 of M The Prices/Rates shall include all taxes & duties, levies, BOCW Cess (if any) etc. including but not limited to custom duty, personnel and corporate tax, except GST. Payment towards GST shall be reimbursed at actual by the Owner. 15 of M (b) Has been properly signed; (c) Is accompanied by the required 'Earnest Money; (d) Is substantially responsive to the requirements of the Bidding Documents; and The shall quote in their proposals, the firm Price/Rate for the entire scope of work as per Schedule of Rates (SOR), inclusive of all taxes, duties, levies, BOCW Cess (if any) etc. except GST. GST shall be paid/ reimbursed at actuals on submission of the GST invoice limited to their quote in price bid. (Refer Section-5 of Part-II, Technical for Schedule of Rates). The Prices/Rates shall include all taxes & duties, levies, BOCW Cess (if any) etc. including but not limited to custom duty, personnel and corporate tax, except GST. GST shall be paid/ reimbursed at actuals on submission of the GST invoice limited to their quote in price bid (b) Has been properly signed; (c) Is accompanied by the required 'Earnest Money; No Deviation Certificate, and Integrity Pact. (d) Is substantially responsive to the requirements of the Bidding 2 of 13

3 Clause Type Documents; and Part-I, Commercial, 21 of M In case, the Bidder has not submitted the EMD or the BG submitted by the Bidder is not as per the requirement of NIT with respect to the above mentioned parameters, the Bids submitted by them may be rejected. If the EMD submitted by the Bidder is found to be in order with respect to above mentioned parameters but if there is a minor deviation with respect to the format enclosed with the NIT, the OWNER /CONSULTANT may at its discretion inform the Bidder who shall have to rectify the same before the date of opening of the Price Bid. In case the Bidder fails to rectify the EMD, its Bids will be rejected and the Bidder will be informed to take back its Bid, including the Price Bid. Thereafter, OWNER / CONSULTANT will open, Pre-qualification Bid, Technical and Commercial Bids of those, whose EMD is found In case, the Bidder has not submitted the EMD or the BG submitted by the Bidder is not as per the requirement of NIT with respect to the above mentioned parameters, the OWNER /CONSULTANT will inform the Bidder who shall have to rectify the same before the date of opening of the Price Bid. In case the Bidder fails to rectify the EMD, its Bids will be rejected and the Bidder will be informed to take back its Bid, including the Price Bid. Thereafter, OWNER / CONSULTANT will open, Pre-qualification Bid, Technical and Commercial Bids. OWNER / CONSULTANT will first review Pre-qualification requirement. Technical and Commercial Bids shall be evaluated only for those bidders whose bid is found to be Prequalified based on the Pre-qualification Criteria of 13

4 Clause Type to be in order as described here above. OWNER / CONSULTANT will first review Pre-qualification requirement. Technical and Commercial Bids shall be evaluated only for those bidders whose bid is found to be Prequalified based on the Pre-qualification Criteria Part-I, Commercial, 22 of M CORRECTION OF ERRORS Bids determined to be substantially responsive will be checked by the Owner/Consultant for errors. Errors will be corrected by the Owner/Consultant as follows: i) In case of any difference in the Quoted Percentage in Figures and in Words, the Percentage Quoted in Words shall prevail. All other cost shall be derived accordingly and corrected / recalculated value shall be binding. If the Bidder does not accept the derived corrected value, the Bid CORRECTION OF ERRORS Bids determined to be substantially responsive will be checked by the Owner/Consultant for errors. Errors will be corrected by the Owner/Consultant as follows: i) In case of any difference in the Quoted Percentage in Figures and in Words, the Percentage Quoted in Words shall prevail. ii) All errors in totaling of the amount column and in carrying forward total shall be corrected. The amount stated in the summary of 4 of 13

5 Clause Type will be rejected, and the EMD shall be forfeited. Schedule of Rate will be adjusted in accordance with the above procedure for the correction of errors. If the Bidder does not accept the derived corrected value, the Bid will be rejected, and the EMD shall be forfeited. 10. Part-I, Commercial, 11. Part-I, Commercial, 24 of M FIRM RATES / PRICE 25 of M The price/rate quoted by the Contractor shall be fixed & firm and shall be valid until completion of the Contract, pursuant hereto and shall not be subject to variation / escalation on any account except as otherwise specifically provided in the Contract documents. The rates shall include all taxes & duties, levies, BOCW Cess (if any) etc. except GST. Payments towards GST shall be reimbursed at actual by Owner The comparison shall be on the basis of Total Evaluated Cost derived by Quoted Percentage (Above or Below) in SCHEDULE OF RATES (Section-5 of FIRM RATES / PRICE The price/rate quoted by the Contractor shall be fixed & firm and shall be valid until completion of the Contract, pursuant hereto and shall not be subject to variation / escalation on any account except as otherwise specifically provided in the Contract documents. The rates shall include all taxes & duties, levies, BOCW Cess (if any) etc. except GST. GST shall be paid/ reimbursed at actuals on submission of the GST invoice limited to their quote in price bid The comparison shall be on the basis of Total Evaluated Cost derived by Quoted Percentage (Above or Below) in SCHEDULE OF RATES of original bid and 5 of 13

6 Clause Type Part-II, Technical) corrected pursuant to Clause 24.0 of the ITB. The Owner s evaluation will also include the costs resulting from application of the evaluation procedures described in ITB Clause Any adjustments in price that result from the below procedures as per ITB Clause 30.2 shall be added, for the purposes of comparative evaluation only. Supplementary Price Bid(if any) (Section-5 of Part-II, Technical) corrected pursuant to Clause 24.0 of the ITB. The Owner s evaluation will also include the costs resulting from application of the evaluation procedures described in ITB Clause Any adjustments in price that result from the below procedures as per ITB Clause 30.2 shall be added, for the purposes of comparative evaluation only. 12. Part-I, Commercial, 25 of M TOTAL EVALUATED PRICE : Total Evaluated Price shall be derived after Multiplying a Factor (i.e. 1 ± Quoted Percentage Rate indicated by the bidder for the items/100) by Estimated Amount plus charges towards GST. TOTAL EVALUATED PRICE : Total Evaluated Price shall be derived after Multiplying a Factor (i.e. 1 ± Quoted Percentage Rate indicated by the bidder, after considering any arithmetical correction (if any), for the items/100) by Estimated Amount plus charges towards GST indicated by the bidder. If any bidder does not indicate both GST rate and GST charges in Schedule of Rates (SOR) by stating NIL / Blank / Not Applicable / NA, 18% shall be loaded in their quoted price for the purpose of evaluation for such bidder. GST shall be paid/ reimbursed to such bidder 6 of 13

7 Clause Type at actual on submission of the GST invoice limited to the aforementioned rate i.e. 18% considered for the purpose of evaluation, in case of award to such bidder. 13. Part-I, Commercial, Section-2.0, General Conditions of Contract 14. Part-I, Commercial, Section-2.0, General Conditions of Contract 15 of 26 Article-24, e M Owner will be taking storage / erection policy. The contractor at his own cost shall arrange, secure of 26 Article-25, g M If for reasons not attributable to the owner or due to conditions not constituting force majeure as defined in this contract the work is not completed in accordance with the provisions hereof within and in accordance with the Time Schedule hereto/the TIME FOR COMPLETION, it is clearly understood and agreed that the Owner shall be entitled to and the contractor shall pay to the Owner the following as mutually agreed damages for delay (which are a genuine pre-estimate made by the parties of the loss which the Owner would have suffered on account of such delay in completion of the work) after taking into consideration all circumstances and not as penalty Contractor will be taking storage / erection policy. The contractor at his own cost shall arrange, secure If for reasons not attributable to the owner or due to conditions not constituting force majeure as defined in this contract the work is not completed in accordance with the provisions hereof within and in accordance with the Time Schedule hereto/the TIME FOR COMPLETION, it is clearly understood and agreed that the Owner shall be entitled to and the contractor shall pay to the Owner the following as mutually agreed damages for delay after taking into consideration all circumstances and not as penalty and without the owner being required to establish and prove the actual loss/damage suffered by the owner on account of such delay : of 13

8 Clause Type and without the owner being required to establish and prove the actual loss/damage suffered by the owner on account of such delay : Part-I, Commercial, Section-3.0, Special Conditions of Contract 16. Part-I, Commercial, Section-3.0, Special Conditions of Contract 4 of M The Prices / Rates quoted by the Contractor shall be inclusive of all labour, materials, tools and tackles necessary for executing the work and all other miscellaneous expenditure for/or incidental tools in connection with the execution of the contract including but not limited to all taxes & duties, BOCW Cess (if any), custom duty, personnel & corporate tax etc. except GST. GST will be reimbursed at actual by the owner. Further any statutory variations in respect of other taxes & duties, if any, shall be governed by Clause 39.0 of the SCC of M PRIORITY OF DOCUMENTS The following is the order of priority in descending order. High priority document shall take The Prices / Rates quoted by the Contractor shall be inclusive of all labour, materials, tools and tackles necessary for executing the work and all other miscellaneous expenditure for/or incidental tools in connection with the execution of the contract including but not limited to all taxes & duties, BOCW Cess (if any) custom duty, personnel & corporate tax etc. except GST. GST shall be paid / reimbursed at actual by Owner on submission of GST Invoice limited to their quote for GST. Further any statutory variations in respect of other taxes & duties, if any, shall be governed by Clause 39.0 of the SCC PRIORITY OF DOCUMENTS The following is the order of priority in descending order. High priority document shall take precedence 8 of 13

9 Clause Type precedence over low priority document in case of any conflict:- over low priority document in case of any conflict:- 1. Drawings 2. Schedule of Rates 3. Scope of work & Technical Specifications 4. Special condition of contract 5. Terms of Payment 6. General Conditions of Contract 7. Site working and safety conditions 8. Standards (Standards here shall mean National/ International Standards & Specifications). 9. Issue of Materials a) Contract Agreement and its Appendices b) Letter of Intent (LOI) c) Special Conditions of Contract and amended/clarification, if any. d) General Conditions of Contract and amended/clarification, if any. e) Part-II, Technical, of the NIT documents and amended/clarification, if any. f) Technical Specifications and Drawings and amended/clarification, if any. g) The Bid and Schedule of Prices including Supplementary Price, if any. h) Integrity Pact (IP) signed between the Owner and the Bidder/Contractor. i) Instruction to. The above documents are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole. 9 of 13

10 17. Part-I, Commercial, Annexure-1.10, Terms of Payment 18. Part-I, Commercial, Annexure-1.10, Terms of Payment 19. Part-I, Commercial, Annexure-1.15, Format of Contract Agreement Clause Type 3 of M MOBILIZATION ADVANCE Mobilization Advance not exceeding 10% of contract value shall be payable on submission of Bank Guarantee for the equivalent amount from a Nationalized / Scheduled Bank in the prescribed proforma, subject to furnishing the Performance Bank Guarantee. An 10% per annum of ii. M ii. Financial Guarantee for Performance. iii of M The following documents shall constitute the Contract between the Owner and the Contractor, and each shall be read and construed as an integral part of the Contract: a) This Contract Agreement and the Appendices hereto b) Letter of Award c) to the NIT document. MOBILIZATION ADVANCE Mobilization Advance not exceeding 10% of contract value shall be payable on submission of Bank Guarantee for the equivalent amount from a Nationalized / Scheduled Bank in the prescribed proforma, subject to acceptance of LOI and furnishing the Performance Bank Guarantee. An 10% per annum ii. Acceptance of LOI, Financial Guarantee for Performance and Signing of Contract Agreement. iii The term CONTRACT DOCUMENTS shall mean and include the following documents which shall constitute the Contract and shall be deemed to form an integral part of the Contract: a) Contract Agreement and its Appendices b) Letter of Intent (LOI) c) Special Conditions of Contract 10 of 13

11 Clause Type d) Instruction to e) Special Conditions of Contract f) General Conditions of Contract g) Technical Specifications and Drawings h) The Bid and Schedule of Prices including Supplementary Price (delete if not applicable) submitted by the Contractor i) Integrity Pact (IP) signed between the Owner and the Bidder / Contractor. and amended/clarification, if any. d) General Conditions of Contract and amended/clarification, if any. e) Part-II, Technical, of the NIT documents and amended/clarification, if any. f) Technical Specifications and Drawings and amended/clarification, if any. g) The Bid and Schedule of Prices including Supplementary Price, if any. h) Integrity Pact (IP) signed between the Owner and the Bidder/Contractor. i) Instruction to. The above documents are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole. 20. Part-I, Commercial, Annexure-1.15, Format of Contract Agreement 2 of M PRIORITY OF DOCUMENTS The following is the order of priority in descending order. High priority document shall take precedence over low priority document in case of any conflict:- 1. Drawings PRIORITY OF DOCUMENTS In the event of any ambiguity or conflict between the CONTRACT DOCUMENTS listed in clause 1.1 above, the order of precedence shall be the order in which the CONTRACT 11 of 13

12 Clause Type 2. Schedule of Rates 3. Scope of work & Technical Specifications 4. Special condition of contract 5. Terms of Payment 6. General Conditions of Contract 7. Site working and safety conditions 8. Standards (Standards here shall mean National/ International Standards & Specifications). 9. Issue of Materials DOCUMENTS are listed in Clause 1.1 above. 21. Part-II : Technical, Section-5.2, Schedule of Rates 54 of 54 - A Serial 6 Added to the existing notes. 6.) If any bidder does not indicate both GST rate and GST charges in Schedule of Rates (SOR) by stating NIL / Blank / Not Applicable / NA, 18% shall be loaded in their quoted price for the purpose of evaluation for such bidder. GST shall be paid/reimbursed to such bidder at actual on submission of the GST invoice limited to the aforementioned rate i.e. 18% considered for the purpose of evaluation, in case of award to such Bidder. 12 of 13

13 22. Bank Details For EMD Clause Type - - A - Account Name: Hindustan Urvarak & Rasayan Limited Current Account Number: Branch Code: IFSC Code: SBIN Branch Address: Corporate Accounts Group Branch, 11 th & 12 th Floor, Jawahar Vyapar Bhawan, 1, Tolstoy Marg, New Delhi LEGEND: PROJECT MANAGER PDIL, NOIDA M: MODIFICATION. A: ADDITION, D: DELETION, C: CLARIFICATION 13 of 13