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SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 1 of 26
Section – IV
Special Conditions of Contract (BID DOCUMENT NO. – SJVN/SOLAR/70 MW/RJ/NIT/002-2015)
SJVN LIMITED
(A Joint Venture between the Govt. of India & Govt. of Himachal Pradesh)
SJVN Limited 707-709, DLF South Court Mall,
District Center Saket,
New Delhi-110017
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 2 of 26
Contents
1. Project description ....................................................................................................... 4
2. Project Site .................................................................................................................. 4
3. Appointing Authority ..................................................................................................... 4
4. Project Manager ........................................................................................................... 4
5. Scope of Services ........................................................................................................ 4
6. Trainings ...................................................................................................................... 4
7. Performance Guarantee ............................................................................................... 5
8. Project Time lines: ....................................................................................................... 6
9. Mode of Execution ....................................................................................................... 7
10. Programme of Work ................................................................................................. 7
11. Starting of Work ........................................................................................................ 8
12. Completion Schedule ............................................................................................... 8
13. Site Inspection & Basis of Bid ................................................................................... 8
14. Terms of Payment .................................................................................................... 9
14.1. Plant and Equipment (Supply Contract) ............................................................. 9
14.3. Installation Services ......................................................................................... 10
14.4. Civil Works and Allied Works etc. ..................................................................... 10
14.5. Operation and Maintenance Charges .............................................................. 11
15. Price Escalation ...................................................................................................... 12
16. Taxes and Duties:................................................................................................... 12
17. Procurement of Materials ........................................................................................ 13
18. Samples ................................................................................................................. 13
19. Notice of Operation ................................................................................................. 13
20. Rejection of Materials ............................................................................................. 13
21. Construction Power & Water Supply ....................................................................... 13
22. Labour Engagement ............................................................................................... 14
23. Handing Over –Taking Over ................................................................................... 14
24. Liquidated Damages on delay in completion........................................................... 15
25. Liquidated Damages for PR and CUF deviations .................................................... 15
25.1. Liquidated Damages for PR deviation ............................................................. 15
25.2. Liquidated damages for CUF deviation ............................................................ 15
26. Miscellaneous ......................................................................................................... 16
27. Insurance during O&M Period ................................................................................ 16
27.1 Fire & Allied Peril insurance during O&M period. ................................................. 16
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 3 of 26
27.2 Workmen’s Compensation Insurance .................................................................. 16
27.3 Comprehensive Automobile Insurance ................................................................ 16
27.4 Comprehensive General Liability Insurance ........................................................ 17
28 Trial Run ............................................................................................................. 17
29 On Completion of O&M Period ............................................................................ 17
30 Risk allocation Between SJVN and EPC player...................................................18
Schedule 1 List of Banks……………………………………………………………………… 21
Schedule 2 Insurance to be taken by contractor……………………………………………..22
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 4 of 26
1. Project description
The main objective of this project is Engineering, Procurement, Construction, Transportation,
handling at Site, Storage, Erection, Testing of 70MW (AC) Grid-Connected Solar
Photovoltaic Power Plant with all associated infrastructure and with associated 10 (Ten)
years comprehensive operation & maintenance after commissioning and successful
demonstration of PR Test with trial run and the same 10 years O&M Contract can be further
extended till the expiry of 25 years after every 5 years based on mutual terms as per the
discretion of the SJVN.
2. Project Site
Project site shall be Solar Park, Bhadla, Jodhpur, in the state of Rajasthan. Details of the
Project Site are mentioned under Volume II Section III Technical Specifications.
3. Appointing Authority
Appointing Authority of Adjudicator and arbitrator is The CMD, SJVN.
4. Project Manager
Project Manager will be appointed and will be intimated after award of the contract.
5. Scope of Services
Engineering, Procurement, Construction, Transportation, handling at Site, Storage, Erection,
Testing, Commissioning of 70 MW (AC) Solar Photovoltaic Grid Connected Power Plant on
turnkey basis, evacuation arrangement as per NTPC & SPIA document along with its route
survey in accordance with Technical Specifications.
Arranging to repair and/or re-order and supply all damaged or short-supply items.
Final check-up of equipment and pre – commissioning, commissioning and putting the
system into successful operation for performance demonstration while feeding power to
the grid.
Comprehensive Operation and Maintenance of the plants for 10(ten) years after the
successful demonstration of PR test and trial run as per the procedure laid down in
Technical Specifications.
6. Trainings
Training of Employer’s Personnel
On successful commissioning of the plant, the Contractor shall provide training on
Plant erection, testing, commissioning and operations & maintenance to 10 (ten)
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 5 of 26
personnel (Engineers and Technician/Operators) as nominated by SJVN.
Training to O&M personnel
It is the absolute responsibility of vendor to ensure imparting of necessary training to
their O&M personnel to get them acquainted with the operations of various electrical
and mechanical equipment of the power plant. For this purpose, vendor shall identify
the O&M personnel well in advance and involve them during installation and
commissioning stages so that they become well versed with various functional
aspects of the power plant.
7. Performance Guarantee
7.1. The plant performance will be estimated based on plant performance guarantee
(PR) as per IEC 61724) and Capacity Utilization Factor, as per the formulas given
below:
Performance Ratio (PR) = YA / YR
YA = Measured output (kWhAC)/ Solar radiation Received on plane of Array (kWh/m2)
YR = Installed plant capacity (kWDC) / Standard radiation (1000 W/m2)
Capacity Utilization Factor (CUF) = (Number of unites generated) / (Installed DC
Capacity of plant in kW * 8760)
7.2. The minimum acceptable PR of the plant is 0.80.
7.3. As the PR of the Plant is dependent on the quality of plant equipment and optimum
design of the plant, the bidders shall demonstrate the PR of 0.80 during
commissioning for acceptance of the plant as per the procedure mentioned in
Technical Specifications.
7.4. The initial performance of the plant will be evaluated during commissioning by
measuring PR for continuous 7 days. However, contractor must demonstrate the PR
for a period of 30 days as per the PR test procedure specified in Technical
Specifications.
7.5. Not used
7.6. During O&M contract, the plant performance will be evaluated based on annual
Capacity Utilization Factor i.e. based on minimum CUF of 19% demonstrated at the
end of one year from the date of commissioning. Bidder has to maintain CUF of 19%
at the end of first year or more than that subject to the condition that if during first
year CUF falls below 19% then penalty would be imposed as per clause 25.2 of
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 6 of 26
SCC. However bidder has to maintain the CUF between 14-19% from second year
onwards till the expiry of the 25 years . If during any contract year it is found out
that CUF is below 14%as specified in NTPC Tender then EPC contractor shall be
liable for non compliance of its obligation and in that case all the penalties of NTPC
would be fully passed on to EPC contractor.
7.7. During O&M the bidders need to maintain 99% uptime of the plant to achieve the
proposed CUF at the end of each year. Any repair, replacement, overhauling, etc.,
are to be performed during night times so that no generation loss will be there in day
time.
7.8. Bidders are expected to make their own study of solar profile and other related
parameters of the area & make sound commercial judgment about the Performance
ratio. It shall be the responsibility of the Bidder to access the corresponding solar
insolation values and related factors of solar plant along with expected grid
availability. The Bidder should access all related factors about the selected Site for
the Project before giving commitments of PR and CUF of the proposed Project.
7.9. The Contractor shall be responsible for achieving PR and CUF. For any shortfall in
achieving PR and CUF, compensation shall be recovered from the Contractor as per
SCC Clause 25.
8. Project Time lines:
The time lines for execution of the contract is 300 days from the date of award of LOI and
as per the indicative milestones mentioned below.
Timelines for Scope of work
S. No. Stage Reference from D
1 Issue of LOI/LOA Zero Date (D)
2
Submission of Detailed design, data, Plant layout plan, drawing
and project execution program (PERT) and other document
listed at places in the Bid documents
D+30
3 Commencement of Civil work at project site D+30
4 Approval of Major drawings/ data/ plan D+45
5(a) Commencement of supply at project site of major equipment
like SPV modules(including structure for the above), Power
Conditioning Units, transformers, cables and all other misc
items etc.
To be indicated by the Bidder but shall not exceed 3 months from zero Date .
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 7 of 26
5(b)
Completion of supply at project site of major equipment like
SPV modules(including structure for the above), Power
Conditioning Units, transformers, cables and all other misc
items etc
To be indicated by the Bidder but shall not exceed 6 months from zero Date
6 Installation of all major equipment To be indicated by Bidder
7 Completion of Interconnection of all major equipment and
completion of installation
To be indicated by Bidder
8 Completion, testing and commissioning of Solar PV power
plant D+270
9 Operational Acceptance including demonstration of guaranteed
PR D+300
9. Mode of Execution
The entire work shall be executed on turnkey basis. Any minor item(s) not included in the
schedule but required for completion of the work shall have to be carried out/supplied
without any extra cost. Such works, not listed in the schedule of works but elaborately
described to perform or to facilitate particular operation(s) required for completion of the
project shall deemed to have been included in the scope of this work and the Contractor
shall supply, install the same without any extra cost.
10. Programme of Work
The Contracts/ entire scope of work to be entered into between the Employer and the
successful bidder shall be in four contracts as under:
10.1. First - Supply Contract: F.O.R. supply of all plant and equipment including Freight
and Insurance.
10.2. Second - Erection Contract: for providing all the services i.e., unloading, storage,
handling at site, installation, testing & commissioning including performance testing
in respect of all the Plant and Equipment supplied under the 'First Contract' and all
other services as specified in the Contract Documents.
10.3. Third - Works Contract: For all the associated civil works required to complete the
facility to achieve completion and operational acceptance
10.4. Fourth – O&M Contract: For comprehensive O&M for 10 years after successful
operational acceptance.
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 8 of 26
All the four Contracts will have cross-fall breach clause i.e. a breach in one contract will
automatically be construed as breach of the other Contract which will confer us the right to
terminate the other Contract also at contractor’s risk and cost.
The Contractor/ Successful Bidder shall submit the programme of work within 30 days from
the date of receipt of Letter of Intent. The programme shall include a Bar Chart indicating
there in the starting position and completion date of each of the major items of work.
The Contractor shall supply to the Employer and the Project Manager a chart showing the
proposed organization to be established by the Contractor for carrying out work on the
Facilities. The chart shall include the identities of the key personnel together with the
curricula vitae of such key personnel to be employed within fifteen (15) days of the
Effective Date. The Contractor shall promptly inform the Employer and the Project
Manager in writing of any revision or alteration of such an organization chart.
11. Starting of Work
The Contractor shall be required to start the work within 14(fourteen) days from the date of
issue of Letter of Intent (LOI) and shall thereof, report to the SJVN accordingly.
12. Completion Schedule
12.1. The time of completion schedule under the contract i.e successful commissioning and
demonstration of performance guarantee tests with trial run 300 days from the date of
issue of LOI. Thereafter, 10 years of comprehensive O&M Contract after the
successful completion of PR demonstration with trial run. It is to note that the
responsibility of O&M of the plant after commissioning till the operational acceptance
is achieved, is the responsibility of the bidder.
12.2. The Contractor shall inform the Employer through advance information at least 30
days in advance in written notice, and a final notice 7days in advance to enable the
Employer inform the commissioning committee of the date on which it intends to
synchronize the Power Project to the Grid System.
12.3. The Contractor shall prepare the completion schedule accordingly and inconformity
with provisions of technical specifications and carry out the work as per this schedule
subject to “Force Majeure” conditions. The Contractor shall mobilize resources
keeping in view, the above scheduled completion period.
13. Site Inspection & Basis of Bid
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 9 of 26
The volume and quantity of work indicated in schedule of works may vary. The Contractor
should visit the Site before quoting rate for civil works. After taking in to consideration all
aspects of the site, condition of soil etc., the Contractor should quote for civil works. No extra
claim will be entertained at post bidding stage. The foundation design of module structure
and the building shall have to be approved by the Employer. In case of any defects arising in
the building during guarantee period, the Contractor shall have to rectify the same at its own
cost.
14. Terms of Payment
The Employer shall pay the Contractor in the following manner and at the following times, on
the basis of the Price Break down given in the Section on Price Schedules. Application for
payment in respect of part deliveries may be made by the Contractor as work proceeds.
14.1. Plant and Equipment (Supply Contract)
In respect of plant and equipment supplied the following payments shall be made:
For Ex-works Price component of plant and Equipment
14.1.1. Ten Percent (10%) of the total Ex-works Price component shall be made after
following:
(i) Acceptance of Letter of Award and Signing of the Contract Agreement.
(ii) Completion of the detailed engineering data and drawings, with completion
schedule and quality control plan for facilities as per the technical
specifications.
(iii) Submission of unconditional Bank Guarantees of 10 % of contract value
towards Contract Performance Securities in respect of all Contracts, initially
valid up to ninety (90) days after the end of scheduled Defect Liability Period of
the last equipment covered under the package as per the clause 12.3.1 of
GCC. The Format of Bank Guarantee is enclosed in DATA FORM 5A – BID
Forms and formats .
14.1.2. Sixty percentage (65%) of Total Ex-works price component on pro-rata basis on
receipt of facilities/ plant & equipment at site and physical verification and
certification by the Project Manager for plant and equipment received and stored at
site.
14.1.3. Fifteen percentage (10%) of total Ex-works price component on pro-rata basis on
completion of erection of facilities on certification by the Project Manager for the
quantum of work completed and by the certification of Project Manager’s field
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 10 of 26
quality assurance & surveillance representative for the successful completion of
quality check points involved in the quantum of work billed.
14.1.4. Five percentage (5%) of total Ex-works price component on successful
commissioning
14.1.5. Five percentage (5%) of total Ex-works price component on successful completion
of Power plant performance guarantee test (PR test and trial run) as specified in
Data Form 17 of Forms and Formats Section VI.
14.1.6. Five percentage (5%) of total Ex-works price component on successful
demonstration of PR and CUF of Power plant after one year.
14.2. Transportation and Insurance
Hundred Percent (100%) of Transportation charges (including inland transit insurance
charges) for the plant and equipment covered in SCC sub clause 14.1 shall be paid to the
Contractor pro-rata to the value of the equipment received at site and on production of
invoices by the Contractor. The aggregate of all such pro-rata payments shall, however, not
exceed the total amount identified in the Contract for Transportation. However, where
equipment wise transportation charges (including inland transit insurance charges) have
been identified in the Contract, the payment for the same shall be made after receipt of the
equipment at site, based on the charges so identified in the Contract.
14.3. Installation Services
The Installation Services component of the Equipment Price shall be paid as under: 14.3.1. Eighty percentage (80%) of the Installation Services component of contract price
shall be paid on pro-rata basis on the completion of installation of the facilities.
14.3.2. Ten percentage (10%) of total Installation price of the Contract shall be paid on
successful completion of commissioning, as specified technical specification.
14.3.3. Ten percentage (10%) of total Installation price of the Contract shall be paid on
successful completion of Power plant performance guarantee test with trial run as
specified in Data Form 17 of Forms and Format Section VI.
14.4. Civil Works and Allied Works etc.
14.4.1. Eighty percentage (80%) of the total Civil Works Price Component of Contract Price
shall be paid progressively on certification by the Project Manager for the quantum
of work completed/Milestones achieved and by Project Manager's field quality
surveillance representative for the successful completion of quality check points
involved in the quantum of work / Milestones billed.
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 11 of 26
The release of first progressive payment for Civil Works shall also be subject to
submission of documentary evidence by the Contractor towards having taken the
insurance policy (ies) in terms of relevant provisions as mentioned in clause 39 of
GCC “Insurance to be taken by the Contractor” and acceptance of same by the
Project Manager’’.
14.4.2. Ten percentage (10%) of total civil work price component of the Contract shall be
paid on successful completion of commissioning and trial run, as specified technical
specification.
14.4.3. Ten percentage (10%) of total civil work price component of the Contract shall be
paid on successful completion Power plant performance guarantee test with trial run
as specified in Data Form 17 of Forms and Format Section VI.
14.5. Operation and Maintenance Charges
After achieving the Operational acceptance, operation and maintenance charges
including all consumable(s), spares and equipment included in operation and
maintenance charges shall be paid on pro-rata basis every three month i.e.,
quarterly on the certification of completion of work by Project Manager.
Note: 1. Payments pursuant to SCC sub clause 14.1.4, 14.1.5, 14.3 and 14.4 shall be made after
certification by the Project Manager for the quantum of work completed and by the
certification of Project Manager's field quality assurance & surveillance representative
for the successful completion of quality check points involved in the quantum of
work/milestones billed.
2. The Contractor shall prepare and submit to the Employer for approval, a breakup of
the Contract Price. Such breakup of the Contract Price shall indicate the component
of Entry Tax included in the Contract Price Separately. The Contract Price break-up
shall be interlinked with the agreed detailed completion schedule of the Contract
setting forth starting and completion dates for the various key phases of the Facilities.
Any payment under the Contract, subsequent to first ten percentage (10%) payment
pursuant to SCC sub clause 14.1.1, shall be made only after the Contractor's price
break-up is approved by the Employer time to time. The aggregate sum of the
Contractor's price break-up shall be equal to the total Contract price.
3. The payment amount shall be payable after fulfilment of all the conditions laid down in
the Terms of Payment and receipt of the Contractor's invoice along with all necessary
supporting documents for such payment. Employer will make progressive payments
as and when the payment is due as per the Terms of Payment set forth in SCC
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 12 of 26
clause 14.0 within twenty one (21) days from the date of receipt of Contractor's
bill/invoice/debit note as per billing breakup (BBU) approved by the Employer,
provided that the documents submitted are complete in all respects.
15. Price Escalation
No Price escalation is allowed. The rate(s) quoted against the work shall remain firm during
the entire Contract period. Any change in Forex rate shall not be considered for price
variation.
16. Taxes and Duties:
16.1. The price quoted shall be inclusive of all applicable taxes, duties, levies as applicable,
which shall be paid on production of proper documentary evidences/tax invoices for
the same.
16.2. Bidder have to quote the rates of taxes & duties based on the concessional exemption
in the same that can be availed by the bidder. Statutory variations in the tax shall be
permitted as under:
(A) Statutory variations during original contractual completion period:
i. If any increase takes place in taxes and duties due to statutory variation, then
SJVN shall admit the same on production of documentary evidences.
ii. If any decrease takes place in taxes and duties due to statutory variation, the same
shall be passed on to SJVN or SJVN shall admit the decreased rate of taxes
and duties while making the payment.
(B) Statutory variations beyond original contractual completion period:
i. If reasons for extension of contractual completion period is attributable solely to
SJVN, the provisions of (A) above shall apply.
ii. If reasons for extension of contractual completion period is attributable to
Bidder, then:
(a) Increase in taxes and duties due to statutory variation, shall not be admissible.
However, taxes and duties at the rate prevailing original contract completion period
will be payable.
(b) If any decrease takes place in taxes and duties due to statutory variation, the same
shall be passed on to SJVN or SJVN shall admit the decreased rate of taxes and
duties while making the payment.
(C) Variation on account of foreign exchange rate will not be payable. Also, no statutory
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 13 of 26
variation shall be payable on the input items i.e., raw materials etc.
(D) No statutory variation shall be admitted if the excise duty becomes payable because
of exceeding the prescribed limits for turnover of the Bidder.
17. Procurement of Materials
The Contractor shall procure all necessary material required for the project work and
arrange to store them properly. Test certificate in accordance with the specifications are to
be furnished by the Contractor to the Employer for approval in respect of the materials
procured by the Contractor. Contractor shall furnish all the documents related including
GR/LR/RR along with the supplier invoices as a proof of the purchase along with the bill /
invoice raised by the contractor.
18. Samples
Apart from adhering to special provision made in the specification regarding submission of
samples, the Contractor shall within 15 days of its receipt of Letter of Intent, provide to the
Employer samples along with detailed literature of all materials it proposes to use
irrespective of the fact that specific make/material might have been stipulated. If certain
items proposed to be used are of such nature that samples cannot be presented or
prepared at Site, detailed literature / test certificate of the same shall be provided instead.
The Employer shall check the samples and give his comments and/or approval to the same.
19. Notice of Operation
The Contractor shall not carry out important operation without the consent in writing of the
Employer or his representative. For carrying out such important activity, the Contractor shall
intimate to the Employer at least 72 hours before starting of the job.
20. Rejection of Materials
The Project Manager’s decision in regard to the quality of the material and workmanship will
be final. The Contractors at its own cost and risk without any compensation shall
immediately remove any material rejected by the Project Manager from the Site of work.
21. Construction Power & Water Supply
21.1. The Contractor has to arrange Construction Power and water at the site for
construction purpose at its own cost.
21.2. Cost of electricity required during construction shall be payable by the bidder. For
construction, temporary connection for construction power from DISCOM shall be
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
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arranged by the bidder as per applicable tariff.
21.3. The Employer shall not provide facility for storage of material, and accommodation for
labours at site. The Contractor shall make his own arrangement for the above.
22. Labour Engagement
The Contractor shall be responsible to provide all wages and allied benefits to its labours
engaged for execution of the project work and also to carry out Operation & Maintenance
service. The Contractor shall remain liable to the authorities concerned for compliance of
the respective existing rules and regulations of the government for this purpose and shall
remain liable for any contravention thereof.
The contractor is encouraged to use local manpower as per the local statutory (labour)
requirement, if any.
23. Handing Over –Taking Over
23.1. The work shall be taken over by the Employer upon successful completion of all the
facilities pertaining to the scope of work. The contractor shall approach the employer
in writing for final take over the plant and facilities completed in all respect pertaining
to scope of the work as specified in technical specifications the Contractor shall
submit the following:
23.1.1 All as- Built Drawings and documents as per the contract coordination procedure set
out for the successful completion of the project.
23.1.2 Detailed Engineering Document with detailed specification, schematic drawing, circuit
drawing, cable routing plans and test results, manuals for all deliverable items,
Operation, Maintenance & Safety Instruction Manual and other information about the
project.
23.1.3 Bill of material.
23.1.4 Inventory of recommended and mandatory spares required for proper O&M of the
plant at projects Site as per contract.
On receipt of such request along with documents pursuant to SCC sub clause 23.1
the employer shall issue to the contractor a taking over certificate as a proof of the
final acceptance of the system. Such certificate shall not relieve the Contractor of any
of his obligations which otherwise survive, by the terms and conditions of the Contract
after issuance of such certificate.
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
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23.2. Partial or part completion of facilities shall not be accepted or final acceptance
certificate shall be issued only after completion of facilities in all respect pertaining to
scope of the work.
23.3. Immediately after taking over of complete facilities (s), the same will be handed over
to the Contractor for Operation & Maintenance for a period of as mentioned in the
SCC Clause 5.
24. Liquidated Damages on delay in completion
Liquidity damages for the delay in construction of the plant shall be as per the GCC Clause
34
25. Liquidated Damages for PR and CUF deviations
25.1. Liquidated Damages for PR deviation
During the Operational Acceptance any shortfall in the Performance Ration (PR) as
determined through the PR Test Procedure specified in DATA FORM17: Details
Required for Power Plant Performance Guarantee Test will attract liquidity
damages. For every 0.01 shortfall in PR below 0.80 by the contractor a penalty of 1%
of the bid price shall be levied. In case, the Plant PR shortfall is by more than 0.05,
then LD shall be levied at the rate 10% of the total bid price.
25.2. Liquidated damages for CUF deviation
Bidder has to maintain CUF of at least 19% at the end of first year or more than that
subjected to the condition, if there occurs any shortfall in CUF below 19% at the end
of first contract year then EPC contractor shall be liable to pay penalty on account of
non performance calculated as difference in units derived from committed and
achieved CUF x Rs. [PPA signed between SJVN and NTPC] for defect period.
However bidder has to maintain the CUF between 14-19% from second year onwards
till the expiry of the 25 years . If during any contract year, it is found out that CUF is
below 14% as specified in NTPC Tender then EPC contractor shall be liable for non
compliance of its obligation and in that case all, the penalties of NTPC would be fully
pass on to EPC Contractor.
In case the Project fails to generate any power continuously for 1 month any time
during the O&M period, it shall be considered as “an event of default”. In the case of
default the entire O&M Bank Guarantee will be encashed.
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
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26. Miscellaneous
26.1 Based on reviewing the Project, if the progress is below expectation as demanded by
the Employer then the employer reserves right to reduce the Scope of the Contractor
in part or full and assign the same to other contractor(s) and get the work done at the
risk and cost of the existing Contractor.
26.2 The Contractor shall continue to provide all the monitoring services, licenses,
software, access to all information (real-time or stored ) that were been used during
the O&M to the Employer.
26.3 The Contractor shall construct a temporary facility/ arrangement at site or otherwise
for the stay of Employer’s employee/ consultant at the time of construction of the Solar
Power Plant.
26.4 Provision for installing any additional monitoring equipment to facilitate on- line
transfer of data shall be provided by the Contractor.
27. Insurance during O&M Period
The Contractor shall at its expense take out and maintain in effect the insurances set
forth below during O&M Period. The insurances provided shall be seamless with the
insurance provided during the construction period by the bidder:
27.1 Fire & Allied Peril insurance during O&M period.
Insurance for theft or pilferage and any act of GOD during the O&M period and it shall
cover defect or fault in design of plant, material and work.
27.2 Workmen’s Compensation Insurance
This insurance shall protect the Contractor against all claims applicable under the
Workmen’s Compensation Act, 1948
Workmen's Compensation Provisions As per Statutory
Employee's Liability Provisions As per Statutory
27.3 Comprehensive Automobile Insurance
This insurance shall be in such a form to protect the Contractor against all claims for
injuries, disability, disease and death to members of public including the Employer’s
men and damage to the property of other arising from the use of motor vehicles
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
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SECTION -IV Page 17 of 26
during on or off the Site operations, irrespective of the Ownership of such vehicles.
The liability covered shall be as herein indicated:
Fatal Injury person Rs.100,000 each
Occurrence Rs.200,000 each
Property Damage occurrence Rs.100,000 each
27.4 Comprehensive General Liability Insurance
The insurance shall protect the Contractor against all claims arising from injuries,
disabilities, disease or death of members of public or damage to property of others, due
to any act or omission on the part of the Contractor, his agents, his employees, his
representatives and Sub Contractors or from riots, strikes and civil commotion.
The hazards to be covered will pertain to all the Works and areas where the Contractor,
his Sub-Contractors, his agents and his employees have to perform work pursuant to the
Contract.
28 Trial Run
“Trial Run” means the continuous running of solar power plant for cumulative 24 hours
within 7 continuous days during the PR test, without intervention due to any fault or
breakdown on the account of plant equipment considered during the last week of the
performance demonstration test (PR Test).
29 On Completion of O&M Period
29.1 After O&M period, SJVN may at its own discretion decide to extend the existing O&M
contract for further period of 5 years till the expiry of 25 years on mutually acceptable
terms & conditions or undertake the O&M of the SPV Plant on its own
29.2 After the expiry of term & extension of term as the case may be, contractor shall hand
over the plant to the employer in excellent and healthy condition without any pending
defect. The contractor shall demonstrate performance test of facilities to ensure
guaranteed generation pursuant to technical specifications. While handing over the
plant the contractor shall hand over all technical documents, literature, instruction
manuals, lists of spare part & tools & tackles. Contractor shall also hand over all the
relevant record/documents, spares and consumable required for two year’s Operation
& Maintenance.
29.3 On completion of O&M term the Contractor shall apply to the Engineer in-charge for
the issue of Handing Over Certificate and the same shall be issued within 1 months of
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR
PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
SJVN/SOLAR/70MW/RJ/NIT/002-2015
SECTION -IV Page 18 of 26
the Handing Over in all respects, after verifying from the documents & tests and
satisfying himself that the Operation & Maintenance has been completed in
accordance with details set out in the control documents & Prudent Utility Practices.
29.4 All the aforesaid safeguards / rights provided for the SJVN shall not prejudice its other
rights / remedies elsewhere provided herein and / or under law.
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
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SECTION-IV Page 19 of 26
30.0 RISK Alllocation between SJVN And EPC Player
S.No Category Risk NTPC Tender Decision of SJVN
Mitigation Methodology
1. Project development
Delayed Land Acquisition for the plant leads to default penalties imposed on non fulfilment of condition subsequent in PPA
In the scope of the developer. Developer would need a separate agreement with SPIA and provide documentary evidence within 210 days from the date of signing of PPA
Pass through to EPC
Land acquisition and facilitation of the
signing of separate land agreement shall be
done by SJVN with SPIA. The bidder shall
coordinate in taking various necessary
approvals from statutory/Govt
Bodies/RSDCL(SPIA) relating to Land acquisition
.
In case of delays in land acquisition after PPA on account of EPC , the penalties of NTPC would pass – through in full as per the NTPC RFS and PPA document.
2 Project development
Delayed
timelines for
commissioning
of the plant
Developer needs to
achieve CoD
within 13 months
from the signing of
PPA
Pass through to EPC
EPC player would be responsible for
implementing the project within 10
months from the date of EPC contract.
Delay in timelines of commissioning is in
the domain of EPC player. NTPC tender
penalties would be fully pass through to
the EPC Contractor as per the NTPC RFS
document.
3 Project development
Delay/Failure
in Performance
Testing of
equipments pre
commissioning
Certification would
be required from
CEA
/agency
Authorised by
central
government for
Quality assessment
pre commissioning
Full pass
through to
EPC
EPC player would be responsible for
getting a performance test approved from
CEAor any other agency identified by
central Govt. for solar plant.
Any delays in getting clearance by EPC
player would be linked to timeline delays
for the project and adequate penalties as
per the NTPC tender would be applicable.
4.
Project development
Delay in
obtaining third
party
verification of
the project
leading to time
delays in
achieving CoD
The project needs
to be completed
within 13 months
from the date of
signing of PPA
Pass through
to
EPC player
EPC player would be responsible for
implementation of project within 10
months from the date of award of EPC.
In case of delay in obtaining third party
clearances, time delay penalties would be
imposed on EPC player.
5. Project Delay in Developer to Pass through EPC player would be responsible for
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
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SECTION-IV Page 20 of 26
development achievement of
consents/
clearances
leading to
delay in
project
execution
complete the
consents/clearances
with 210 days
from date of PPA
signing
to
EPC player
implementation of project within 10
months from the date of award of EPC.
In case of delay in obtaining third party
clearances, time delay penalties would be
imposed on EPC player.
6 Project operations
Deteriorating
Equipment
performance can
lead to penalties
on SJVN
NTPC assures to
take up guaranteed
units of power @
19% CUF with
scope for 5%
variations on
negative side. Any
negative variation
below that would
be liable to
penalties incurred
on NTPC by
Utilities as per
RPO. This would
not be below 25%
of the applicable
tariff
Pass through
to
EPC player
Any fall in generation from
guaranteed units due to
deteriorating equipments would be
recovered from O&M contractor/
EPC player as per the clause no
4.4.1of NTPC PPA document
7. Project operations
Third Party
Verification
penalties due to
fall in
generation
from the plant
In case the plant
fails to achieve
14% during the
year or is
Developer fails to
achieve 16% CUF
for 3 consecutive
months in a year,
penalties would be
equivalent to
penalties on NTPC
by State utilities.
Pass through
to
EPC player
Any fall in generation from
guaranteed units due to
deteriorating equipments would be
recovered from O&M contractor/
EPC player as given in clause 4.8.3
of NTPC PPA document.
8. Project operations
Reduction in
generation
leading to loss
of PBD by
SJVN
NTPC would take
INR 10 lakhs/MW
which shall be raised
in two years by
deducting payments
to SPDs in 24 equal
installments.
Pass through
to
EPC player
EPC contractor has to provide a module
warranty of 7 crores which shall be valid up
to 90 days after the end of warranty period of
Solar PV Modules initially valid for 10 years
and will be extended by every five years
until the ninety days after the end of the
warranty period for the solar PV Modules.
OR Bidder can submit Insurance from Third
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
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SECTION-IV Page 21 of 26
Party for the entire Solar PV modules
supplied for a period of 25 years for any
deterioration in performance below the
Guaranteed Generation committed by the
bidder for the entire life of the project
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
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Schedule-1: List of Banks
SCHEDULED COMMERCIAL BANKS OTHER PUBLIC SECTOR BANKS
SBI AND ASSOCIATES 1. IDBI Bank Ltd.
1. State Bank of India FOREIGN BANKS
2. State Bank of Bikaner & Jaipur 1. Bank of America NA
3. State Bank of Hyderabad 2. Bank of Tokyo Mitsubishi UFJ Ltd.
4. State Bank of Indore 3. BNP Paribas
5. State Bank of Mysore 4. Calyon Bank
6. State Bank of Patiala 5. Citi Bank N.A.
7. State Bank of Travancore 6. Deutsche Bank A.G
NATIONALISED BANKS 7. The HongKong and Shanghai Banking Corpn. Ltd.
1. Allahabad Bank 8. Standard Chartered Bank
2. Andhra Bank 9. Societe Generale
3. Bank of India 10. Barclays Bank
4. Bank of Maharashtra 11. ABN Amro Bank N.V.
5. Canara Bank 12. Bank of Nova Scotia
6. Central Bank of India 13. Development Bank of Singapore (DBS, Bank Ltd.)
7. Corporation Bank SCHEDULED PRIVATE BANKS
8. Dena Bank 1. Federal Bank Ltd.
9. Indian Bank 2. ING Vysya Bank Ltd.
10. Indian Overseas Bank 3. Axis Bank Ltd.
11. Oriental Bank of Commerce 4. ICICI Bank Ltd.
12. Punjab National Bank 5. HDFC Bank Ltd.
13. Punjab & Sind Bank 6. Yes Bank Ltd.
14. Syndicate Bank
15. Union Bank of India
16. United Bank of India
17. UCO Bank
18. Vijaya Bank
19. Bank of Baroda
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
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Schedule 2- Insurance to be taken by the Contractor:
In accordance with the provisions of GCC Clause 39, the Contractor shall at his expense
take out and maintain in effect, or cause to be taken out and maintained in effect, during
the performance of the Contract, the insurances set forth below in the sums and with the
deductibles and other conditions specified herein. The identity of the insurers and the form
of the policies shall be subject to the approval of the Employer, such approval not to be
unreasonably withheld.
Insurance Amount insured Deductible Conditions
A. Transit
Risk
(i) 110% of F.O.R value in
case of plant & equip-
ment including all spare
parts.
(ii) Applicable taxes and
duties
(iii) Escalation 5% on (i) & (ii)
Not
applicable
i. Employer to be
named as co-insured
ii. Open policy with
inclusion of fragility
cover for total loss.
iii. All risk institute cargo
clause A
iv. War, SRCC,
terrorism. Institute
v. replacement clause,
special replacement
clause (Air duty) and
deferred unpacking
clause
vi. Insurer’s right of
subrogation against
all parties (excluding
carrier) waived.
vii. Warehouse to
warehouse basis.
B. Installation
all risk
(i) 110% of Ex-works value
of plant & equipment
(ii) Applicable taxes and
i. Installation risk,
RSMTD including
Earth quake cover
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
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SECTION-IV Page 24 of 26
duties
(iii) Freight and Insurance
(iv) 10% escalation on (i), (ii)
& (iii)
(v) Cost of erection works
(vi) 110% of Civil Works
(including structural steel
Works), Allied Works etc.
Minimum as
per insurance
policy
wind gusting
ii. Air freight cover
iii. Extra charge cover
iv. Maintenance cover
v. Contractor's plant &
machinery
vi. Rs. 100 lakhs.
Cross liability
vii. Additional custom
duty for imported
machine (if any) for
adequate value.
viii. Employer &
Contractor's Sub-
Contractor to be
named as co-
insured.
C. Third Party
Liability
(Extension of
MCE/EAR
Policy)
For any one occurrence Rs. 50
Lakhs
Nil Contractors, sub-
contractors to be named
as co-insured.
D.
Automobile
liability
(i) M.V. policy for motor
vehicles, private cars &
commercial vehicles
(ii) CPM policy for heavy
construction Anything above
heavy construction Rs.100
lakhs covered
(I )As per local M.V. Act.
(ii)under erection all risk
policy
E. Workmen's Compensation_______________________ As per statute
F. Employer's liability_______________As per Cumulative to
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
SPECIAL CONDITIONS OF CONTRACT
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SECTION-IV Page 25 of 26
statute______________ workmen's
Compensation to cover
liability not covered
thereby.
G. Group personal insurance, for contractor's & sub- contractor's employees.
Note:
1. The Employer shall be named as co-insured under all insurance policies taken out by
the Contractor pursuant to GCC Clause 39 except for Third Party Liability, Workman's
Compensation and Employer's Liability Insurances and the Contractor's Sub-
Contractors shall be named as co-insured under all insurances policies taken out by
the Contractor pursuant to GCC Clause 39, except for the Cargo insurance during
transport, Workman's Compensation and Employer's Liability Insurances. All insurers’
rights of subrogation against such co-insured for losses or claims arising out of the
performance of the Contract shall be waived under such policies.
2. Notwithstanding the insurance requirements mentioned above, it would be the
Contractor's responsibility to take adequate insurance cover as may be pertinent to
protect his interest and interest of the Employer. If at any point of time during execution
of the Contract, the insurance policies are found to be inadequate, the Contractor shall
take fresh insurance policies meeting aforesaid requirements. The Employer reserves
the right to make suitable recovery from the Contractor, if any.
3. Any loss or damage to the plant and equipment during handling, transportation,
storage, installation, Planning, Design & Engineering, commissioning, civil works
(including structural steel works), allied works etc. and all activities to be performed till
the "Completion of Facilities" shall be to the account of the contractor. The contractor
shall be responsible for preference of all claims and make good the damages or loss by
way of repairs and/or replacement of plant and equipment damaged or lost.
Notwithstanding the extent of insurances cover and the amount of claim available from
the underwriter, the contractor shall be liable to make good the full
replacement/rectification of all the equipment/materials and to ensure their availability
as per project requirement without additional financial liability to the Employer.
4. The insurance policy to be taken should be on replacement value basis and/or
incorporating appropriate insurance clause. The Contractor shall follow local acts and
laws as may be prevalent for insurance.
SPECIAL CONDITIONS OF CONTRACT (SCC) (Rev-1)
DEVELOPMENT OF 70MW BHADLA SOLAR PV PROJECT
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5. Upon grant of extension of time for completion by Employer, the Contractor shall
promptly furnish documentary evidence to Project Manager towards extension of
insurance policies for the period of time extension.