OFFICE OF THE MD (WEST ZONE) M.P. PASCHIM KSHETRA VIDYUT VITARAN CO.LTD.

GPH COMPOUND, POLOGROUND, INDORE

No. MD/WZ/R-APDRP P-B/ Date: 03-06-2013

CIRCULAR Turnkey Projects (R-APDRP Part-B)

Sub: -Procedure for Commissioning and Operational Acceptance of the facilities or any part thereof completed by the Contractor under R-APDRP Part-B Scheme.

Contents
1.0 1.1 1.2 1.3 1.4 1.5 2.0 2.1 2.2 2.3 2.4 2.5 3.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE :- ........................................................................... 2 COMMISSIONING:- ...........................................................................................................................................2 GUARANTEE TEST:- ...........................................................................................................................................2 OPERATIONAL ACCEPTANCE:- .............................................................................................................................2 PARTIAL ACCEPTANCE:- .....................................................................................................................................3 DELAYED PRE COMMISSIONING AND/OR GUARANTEE TEST :- ..................................................................................3 GUARANTEES AND LIABILITIES:- ................................................................................................................ 5 COMPLETION TIME GUARANTEE:- .......................................................................................................................5 DEFECT LIABILITY:-............................................................................................................................................5 FUNCTIONAL GUARANTEES:- ..............................................................................................................................8 PATENT INDEMNITY:- ........................................................................................................................................9 LIMITATION OF LIABILITY:- ...............................................................................................................................10 ANNUAL MAINTENANCE CONTRACT (AMC):- .......................................................................................... 10

3.1 INTRODUCTION:- ............................................................................................................................................10 3.2 MAINTENANCE ACTIVITIES:- .............................................................................................................................11 3.2.1 11 KV Lines:- ..........................................................................................................................................11 3.2.2 Distribution Transformers:- ..................................................................................................................11 3.2.3 L.T. Lines:- ..............................................................................................................................................12 3.2.4 Checking of Connections, Disconnection and Serving of New Connections:- ......................................12 3.3 MAINTAINING OF ADEQUATE STOCK OF PLANTS FOR REPLACEMENT:-....................................................................13 3.4 TIME LIMIT TO ATTEND THE FAULTS:- .................................................................................................................14 APPENDIX 1 FUNCTIONAL GUARANTEES ........................................................................................................... 15

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1.0 Commissioning and Operational Acceptance :1.1 Commissioning:1.1.1 Commissioning of the Facilities or any part thereof shall be commenced by the Contractor immediately after issue of the Completion Certificate by the Project Manager, pursuant to GCC Sub-Clause 24.5, or immediately after the date of the deemed Completion, under GCC Sub-Clause 24.6. 1.1.2 The Employer shall supply the operating and maintenance personnel and all raw materials, utilities, lubricants, chemicals, catalysts, facilities, services and other matters required for Commissioning. 1.1.3 In accordance with the requirements of the Contract, the Contractors and Project Managers advisory personnel shall attend the Commissioning, including the Guarantee Test, and shall advise and assist the Employer. 1.2 Guarantee Test:1.2.1 Subject to GCC Sub-Clause 25.5, the Guarantee Test and repeats thereof shall be conducted by the Contractor during Commissioning of the Facilities or the relevant part thereof to ascertain whether the Facilities or the relevant part can attain the Functional Guarantees specified in the Appendix (Functional Guarantees) to the Contract Agreement. The Employer shall promptly provide the Contractor with such information as the Contractor may reasonably require in relation to the conduct and results of the Guarantee Test and any repeats thereof. 1.2.2 If for reasons not attributable to the Contractor, the Guarantee Test of the Facilities or the relevant part thereof cannot be successfully completed within the period from the date of Completion specified in the SCC or any other period agreed upon by the Employer and the Contractor, the Contractor shall be deemed to have fulfilled its obligations with respect to the Functional Guarantees, and GCC SubClauses 28.2 and 28.3 shall not apply. 1.3 Operational Acceptance:1.3.1 Subject to GCC Sub-Clause 25.4 below, Operational Acceptance shall occur in respect of the Facilities or any part thereof when (a) the Guarantee Test has been successfully completed and the Functional Guarantees are met; or (b) the Guarantee Test has not been successfully completed or has not been carried out for reasons not attributable to the Contractor within the period from the date of Completion specified in the SCC or any other agreed upon period as specified in GCC Sub-Clause 25.2.2 above; or (c) the Contractor has paid the liquidated damages specified in GCC Sub-Clause 28.3 hereof; and
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(d) any minor items mentioned in GCC Sub-Clause 24.7 hereof relevant to the Facilities or that part thereof have been completed. 1.3.2 At any time after any of the events set out in GCC Sub-Clause 25.3.1 have occurred, the Contractor may give a notice to the Project Manager requesting the issue of an Operational Acceptance Certificate in the form provided in the Employers Requirements (Forms and Procedures) in respect of the Facilities or the part thereof specified in such notice as of the date of such notice. 1.3.3 The Project Manager shall, after consultation with the Employer, and within seven (7) days after receipt of the Contractors notice, issue an Operational Acceptance Certificate. 1.3.4 If within seven (7) days after receipt of the Contractors notice, the Project Manager fails to issue the Operational Acceptance Certificate or fails to inform the Contractor in writing of the justifiable reasons why the Project Manager has not issued the Operational Acceptance Certificate, the Facilities or the relevant part thereof shall be deemed to have been accepted as of the date of the Contractors said notice. 1.4 Partial Acceptance:1.4.1 If the Contract specifies that Completion and Commissioning shall be carried out in respect of parts of the Facilities, the provisions relating to Completion and Commissioning including the Guarantee Test shall apply to each such part of the Facilities individually, and the Operational Acceptance Certificate shall be issued accordingly for each such part of the Facilities. 1.4.2 If a part of the Facilities comprises facilities such as buildings, for which no Commissioning or Guarantee Test is required, then the Project Manager shall issue the Operational Acceptance Certificate for such facility when it attains Completion, provided that the Contractor shall thereafter complete any outstanding minor items that are listed in the Operational Acceptance Certificate. 1.5 Delayed Pre commissioning and/or Guarantee Test :1.5.1 In the event that the Contractor is unable to proceed with the Pre commissioning of the Facilities pursuant to Sub-Clause 24.3, or with the Guarantee Test pursuant to Sub-Clause 25.2, for reasons attributable to the Employer either on account of non-availability of other facilities under the responsibilities of other contractor(s), or for reasons beyond the Employers control, the provisions leading to deemed completion of activities such as Completion, pursuant to GCC Sub-Clause 24.6, and Operational Acceptance, pursuant to GCC Sub-Clause 25.3.4, and Contractors obligations regarding Defect Liability Period, pursuant to GCC Sub-Clause 27.2,
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Functional Guarantee, pursuant to GCC Clause 28, and Care of Facilities, pursuant to GCC Clause 32, and GCC Clause 41.1, Suspension, shall not apply. In this case, the following provisions shall apply. 1.5.2 When the Contractor is notified by the Project Manager that he will be unable to proceed with the activities and obligations pursuant to above Sub-Clause 25.5.1, the Contractor shall be entitled to the following: (a) the Time of Completion shall be extended for the period of suspension without imposition of liquidated damages pursuant to GCC Sub-Clause 26.2; (b) payments due to the Contractor in accordance with the provision specified in the Appendix (Terms and Procedures of Payment) to the Contract Agreement, which would not have been payable in normal circumstances due to noncompletion of the subject activities, shall be released to the Contractor against submission of a security in the form of a bank guarantee of equivalent amount acceptable to the Employer, and which shall become null and void when the Contractor will have complied with its obligations regarding those payments, subject to the provision of Sub-Clause 25.5.3 below; (c) the expenses towards the above security and extension of other securities under the contract, of which validity needs to be extended, shall be reimbursed to the Contractor by the Employer; (d) the additional charges towards the care of the Facilities pursuant to GCC SubClause 32.1 shall be reimbursed to the Contractor by the Employer for the period between the notification mentioned above and the notification mentioned in Sub-Clause 25.5.4 below. The provision of GCC Sub-Clause 33.2 shall apply to the Facilities during the same period. 1.5.3 In the event that the period of suspension under above Sub-Clause 25.5.1 actually exceeds one hundred eighty (180) days, the Employer and Contractor shall mutually agree to any additional compensation payable to the Contractor. 1.5.4 When the Contractor is notified by the Project Manager that the plant is ready for Pre commissioning, the Contractor shall proceed without delay in performing all the specified activities and obligations under the contract.

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2.0 Guarantees and Liabilities:2.1 Completion Time Guarantee:2.1.1 The Contractor guarantees that it shall attain Completion of the Facilities (or a part for which a separate time for completion is specified) within the Time for Completion specified in the SCC pursuant to GCC Sub-Clause 8.2, or within such extended time to which the Contractor shall be entitled under GCC Clause 40 hereof. 2.1.2 If the Contractor fails to attain Completion of the Facilities or any part thereof within the Time for Completion or any extension thereof under GCC Clause 40, the Contractor shall pay to the Employer liquidated damages in the amount specified in the SCC as a percentage rate of the Contract Price or the relevant part thereof. The aggregate amount of such liquidated damages shall in no event exceed the amount specified as Maximum in the SCC as a percentage rate of the Contract Price. Once the Maximum is reached, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2. Such payment shall completely satisfy the Contractors obligation to attain Completion of the Facilities or the relevant part thereof within the Time for Completion or any extension thereof under GCC Clause 40. The Contractor shall have no further liability whatsoever to the Employer in respect thereof. However, the payment of liquidated damages shall not in any way relieve the Contractor from any of its obligations to complete the Facilities or from any other obligations and liabilities of the Contractor under the Contract. Save for liquidated damages payable under this GCC Sub-Clause 26.2, the failure by the Contractor to attain any milestone or other act, matter or thing by any date specified in the Appendix (Time Schedule) to the Contract Agreement and/or other program of work prepared pursuant to GCC Sub-Clause 18.2 shall not render the Contractor liable for any loss or damage thereby suffered by the Employer. 2.1.3 If the Contractor attains Completion of the Facilities or any part thereof before the Time for Completion or any extension thereof under GCC Clause 40, the Employer shall pay to the Contractor a bonus in the amount specified in the SCC. The aggregate amount of such bonus shall in no event exceed the amount specified as Maximum in the SCC. 2.2 Defect Liability:2.2.1 The Contractor warrants that the Facilities or any part thereof shall be free from defects in the design, engineering, materials and workmanship of the Plant supplied and of the work executed.

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2.2.2 The Defect Liability Period shall be five hundred and forty (540) days from the date of Completion of the Facilities (or any part thereof) or one year from the date of Operational Acceptance of the Facilities (or any part thereof), whichever first occurs, unless specified otherwise in the SCC pursuant to GCC Sub-Clause 27.10. If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Plant supplied or of the work executed by the Contractor, the Contractor shall promptly, in consultation and agreement with the Employer regarding appropriate remedying of the defects, and at its cost, repair, replace or otherwise make good as the Contractor shall determine at its discretion, such defect as well as any damage to the Facilities caused by such defect. The Contractor shall not be responsible for the repair, replacement or making good of any defect or of any damage to the Facilities arising out of or resulting from any of the following causes: (a) improper operation or maintenance of the Facilities by the Employer; (b) operation of the Facilities outside specifications provided in the Contract; or (c) normal wear and tear. 2.2.3 The Contractors obligations under this GCC Clause 27 shall not apply to: (a) any materials that are supplied by the Employer under GCC Sub-Clause 21.2, are normally consumed in operation, or have a normal life shorter than the Defect Liability Period stated herein; (b) any designs, specifications or other data designed, supplied or specified by or on behalf of the Employer or any matters for which the Contractor has disclaimed responsibility herein; or (c) any other materials supplied or any other work executed by or on behalf of the Employer, except for the work executed by the Employer under GCC SubClause 27.7. 2.2.4 The Employer shall give the Contractor a notice stating the nature of any such defect together with all available evidence thereof, promptly following the discovery thereof. The Employer shall afford all reasonable opportunity for the Contractor to inspect any such defect. 2.2.5 The Employer shall afford the Contractor all necessary access to the Facilities and the Site to enable the Contractor to perform its obligations under this GCC Clause 27.

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The Contractor may, with the consent of the Employer, remove from the Site any Plant or any part of the Facilities that are defective if the nature of the defect, and/or any damage to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried out at the Site. 2.2.6 If the repair, replacement or making good is of such a character that it may affect the efficiency of the Facilities or any part thereof, the Employer may give to the Contractor a notice requiring that tests of the defective part of the Facilities shall be made by the Contractor immediately upon completion of such remedial work, whereupon the Contractor shall carry out such tests. If such part fails the tests, the Contractor shall carry out further repair, replacement or making good, as the case may be, until that part of the Facilities passes such tests. The tests shall be agreed upon by the Employer and the Contractor. 2.2.7 If the Contractor fails to commence the work necessary to remedy such defect or any damage to the Facilities caused by such defect within a reasonable time (which shall in no event be considered to be less than fifteen (15) days), the Employer may, following notice to the Contractor, proceed to do such work, and the reasonable costs incurred by the Employer in connection therewith shall be paid to the Employer by the Contractor or may be deducted by the Employer from any monies due the Contractor or claimed under the Performance Security. 2.2.8 If the Facilities or any part thereof cannot be used by reason of such defect and/or making good of such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be extended by a period equal to the period during which the Facilities or such part cannot be used by the Employer because of any of the aforesaid reasons. 2.2.9 Except as provided in GCC Clauses 27 and 33, the Contractor shall be under no liability whatsoever and howsoever arising, and whether under the Contract or at law, in respect of defects in the Facilities or any part thereof, the Plant, design or engineering or work executed that appear after Completion of the Facilities or any part thereof, except where such defects are the result of the gross negligence, fraud, criminal or willful action of the Contractor. 2.2.10 In addition, any such component of the Facilities and during the period of time as may be specified in the SCC shall be subject to an extended Defect Liability Period. Such obligation of the Contractor shall be in addition to the Defect Liability Period specified under GCC Sub-Clause 27.2.

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2.3 Functional Guarantees:2.3.1 The Contractor guarantees that during the Guarantee Test, the Facilities and all parts thereof shall attain the Functional Guarantees specified in the Appendix (Functional Guarantees) to the Contract Agreement, subject to and upon the conditions therein specified. 2.3.2 If, for reasons attributable to the Contractor, the minimum level of the Functional Guarantees specified in the Appendix (Functional Guarantees) to the Contract Agreement are not met either in whole or in part, the Contractor shall at its cost and expense make such changes, modifications and/or additions to the Plant or any part thereof as may be necessary to meet at least the minimum level of such Guarantees. The Contractor shall notify the Employer upon completion of the necessary changes, modifications and/or additions, and shall request the Employer to repeat the Guarantee Test until the minimum level of the Guarantees has been met. If the Contractor eventually fails to meet the minimum level of Functional Guarantees, the Employer may consider termination of the Contract, pursuant to GCC Sub-Clause 42.2.2. 2.3.3 If, for reasons attributable to the Contractor, the Functional Guarantees specified in the Appendix (Functional Guarantees) to the Contract Agreement are not attained either in whole or in part, but the minimum level of the Functional Guarantees specified in the said Appendix to the Contract Agreement is met, the Contractor shall, at the Contractors option, either (a) make such changes, modifications and/or additions to the Facilities or any part thereof that are necessary to attain the Functional Guarantees at its cost and expense, and shall request the Employer to repeat the Guarantee Test or (b) pay liquidated damages to the Employer in respect of the failure to meet the Functional Guarantees in accordance with the provisions in the Appendix (Functional Guarantees) to the Contract Agreement. 2.3.4 The payment of liquidated damages under GCC Sub-Clause 28.3, up to the limitation of liability specified in the Appendix (Functional Guarantees) to the Contract Agreement, shall completely satisfy the Contractors guarantees under GCC Sub-Clause 28.3, and the Contractor shall have no further liability whatsoever to the Employer in respect thereof. Upon the payment of such liquidated damages by the Contractor, the Project Manager shall issue the Operational Acceptance Certificate for the Facilities or any part thereof in respect of which the liquidated damages have been so paid.

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2.4 Patent Indemnity:2.4.1 The Contractor shall, subject to the Employers compliance with GCC Sub -Clause 29.2, indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorneys fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract by reason of: (a) the installation of the Facilities by the Contractor or the use of the Facilities in the country where the Site is located; and (b) the sale of the products produced by the Facilities in any country. Such indemnity shall not cover any use of the Facilities or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, any infringement resulting from the use of the Facilities or any part thereof, or any products produced thereby in association or combination with any other equipment, plant or materials not supplied by the Contractor, pursuant to the Contract Agreement. 2.4.2 If any proceedings are brought or any claim is made against the Employer arising out of the matters referred to in GCC Sub-Clause 29.1, the Employer shall promptly give the Contractor a notice thereof, and the Contractor may at its own expense and in the Employers name conduct such proceedings or claim and any negotiations for the settlement of any such proceedings or claim. If the Contractor fails to notify the Employer within twenty-eight (28) days after receipt of such notice that it intends to conduct any such proceedings or claim, then the Employer shall be free to conduct the same on its own behalf. Unless the Contractor has so failed to notify the Employer within the twenty-eight (28) day period, the Employer shall make no admission that may be prejudicial to the defense of any such proceedings or claim. The Employer shall, at the Contractors request, afford all available assistance to the Contractor in conducting such proceedings or claim, and shall be reimbursed by the Contractor for all reasonable expenses incurred in so doing. 2.4.3 The Employer shall indemnify and hold harmless the Contractor and its employees, officers and Subcontractors from and against any and all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorneys fees and expenses, which the Contractor may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other
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intellectual property right registered or otherwise existing at the date of the Contract arising out of or in connection with any design, data, drawing, specification, or other documents or materials provided or designed by or on behalf of the Employer. 2.5 Limitation of Liability:2.5.1 Except in cases of criminal negligence or willful misconduct, (a) the Contractor shall not be liable to the Employer, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Contractor to pay liquidated damages to the Employer and (b) the aggregate liability of the Contractor to the Employer, whether under the Contract, in tort or otherwise, shall not exceed a multiple of the Contract Price specified in the SCC or, if a multiple is not so specified, the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Contractor to indemnify the Employer with respect to patent infringement.

3.0

Annual Maintenance Contract (AMC):3.1 Introduction:3.1.1 All identified 11 KV feeders including the associated works of distribution transformers, LT line, renovation of service line and replacement of meters as specified in sub clause 2.3 of Appendix 1 of Section 9 are covered under AMC. Annual maintenance of the part of the Facility shall commence from the date of operational acceptance of such identified 11 KV feeder. Total duration of annual maintenance shall be five (5) years from the date of operational acceptance of the Facility or part thereof i.e.11 KV feeder and associated works as specified in sub clause 2.3 of appendix 1 of Section 9, whether existing as on Effective Date or new one and covered under the Scope of Works in the city/town of (name).However the Employer reserves a right to extend the AMC of the facility or the part thereof for a further period up to the completion of AMC of last 11KV feeder on same rates and terms and condition. 3.1.2 During the defects Liability period, as per the Contract, any defects or damages which require repairs/ replacement shall be done at the cost of the Bidder. No payment for repair/ replacement shall be made. 3.1.3 Cost of repairs and replacement beyond Defect Liability period will be included in the AMC charges. No separate payment shall be made towards the cost of repairs/

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replacement. On operational acceptance of any 11 KV feeder, in case of failure of any equipment/material not supplied by the Contractor under this contract, the same will be provided by the Employer and the cost of plant will be recovered from the contractors. The contractor shall provide necessary manpower for its replacement. No separate payment will be given for this activity. 3.2 Maintenance Activities:3.2.1 11 KV Lines:(i) Half yearly ground patrolling of the 11 KV feeders including tap lines. Removal of defects noticed during the ground patrolling including trimming of trees, replacement of damaged discs and pin insulators, tightening of jumpers etc. Work to be done only after shut down is arranged by the person designated by the Project Manager. (ii) Straightening of leaning poles including backfilling with boulders and ramming concreting and tightening of stays wherever necessary and positioning of Vcross arms, checking of stays, and guarding for road & line crossings. (iii) Replacement of defective AB switches & Las. (iv) Pre-Monsoon & Pre-Deepawali maintenance of lines as detailed in sub clause (i). (v) Attending to break downs on 11 KV feeders and tap lines etc. 3.2.2 Distribution Transformers:(i) Checking of silica gel fortnightly and oil level of the distribution transformers, temperature of the oil, IR values every quarterly. If necessary, the topping of oil is to be done with filtered oil. Similarly, silica gel is to be replaced if it has turned pink or colorless with the fresh silica gel. (ii) In case of low IR value, oil to be checked for dielectric strength. If it is lower than the acceptable value, the oil is to be filtered through stream line filter m/c to improve IR values. (iii) Replacement of 11 KV DO fuse unit, 11 KV AB switches 11 KV Lightening Arresters as and when required. (iv) Replacement of LT isolators, MCCBs, cut out and LT cables as and when required. (v) Replacement of failed distribution transformers etc.

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3.2.3 L.T. Lines:(i) Patrolling of L.T. lines twice in a year as may be decided by the person authorized by the Employer. (ii) Removal of defects noticed during patrolling like straightening of leaning poles, back filling with boulders concreting and ramming tightening of stay sets including replacement of damaged armored PVC cable 4sq.mm, 6 sq. mm & 10 sq. mm. & trimming of trees. (iii) Attending break downs of lines etc. 3.2.4 Checking of Connections, Disconnection and Serving of New Connections:(i) The Contractor shall keep watch over unauthorized use of energy or theft of energy in the area covered in the Contract. Names and addresses of the persons using energy unauthorizedly or directly are to be reported, in writing, to the Project Manager or person designated by him for taking suitable action. In case, such person agrees to take a valid connection, the formalities shall be got completed by the Project Manager or person designated by him. On receipt of order from the Project Manager or person designated by him, the connection will be served by the Contractor. (ii) The Contractor shall get the area patrolled regularly. He will engage team(s) headed by Engineer who will be well versed in detection of unauthorized or illegal use of energy. The team(s) will be supplemented by a team of the Employer for assistance and taking suitable action as per law and the regulations. (iii) The contractor shall also be responsible for disconnections of consumers who have defaulted on payment of electricity bills or for any other reasons. The list of the consumers to be disconnected will be supplied by the person designated by the Project Manager. Disconnection shall be done from the distribution boxes fixed on LT poles. Meter readings will be taken at the time of disconnections and got signed by the consumers. List of the disconnected consumers, date of disconnection and meter readings shall be supplied daily to the person designated by the Project Manager. Work of reconnections of the consumers once they clear their dues, will be carried out by the Contractor. However reconnections will be done on written instructions of the Project Manager or person designated by him. (iv) Work of new connections, limited to installation of energy meter in the consumer premises and connecting service line to the LT line, through distribution box, will also be carried out by the Contractor. The energy meter will be supplied by the Project Manager or person designated by him and the service line will be drawn by the consumer. List of the consumers who are to
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be served new connection will be supplied by the person designated by the Project Manager. Meter installation report duly signed by the consumers will be submitted by the contractor to the person designated by the Project Manager next day. (v) The contractor may carry out check reading of consumers as and when necessary and replacement of defective/burnt meters. (vi) The contractor shall regularly validate and update consumer indexing (including updation in database of Employer), and carry out GPS based asset mapping (including updation in database of Employer) for the assets created during the term of AMC. 3.2.5 Contractor shall open office in each city of particular Lot preferably near establishment of MPPKVVCL in the city related with maintenance activities with internet facility for communication & other arrangement like telephone and operator(s) round the clock etc.

3.3 Maintaining Of Adequate Stock Of Plants For Replacement:The Bidder shall maintain an adequate stock of major items in his site stores for replacement during the period of Defect Liability period. The major items are as follows:(1) Distribution transformers315KVA,200KVA,100 KVA, 63 KVA & 25KVA, 11/0.433 KV. (2) AAAC Dog 100 sq. mm. Raccoon 80 sq. mm., Rabbit 55 sq. mm and ACSR Panther 200 sq. mm. conductor. (3) 33 KV outdoor CTs. (4) 33 KV Pin Insulator. (5) 33 KV Strain insulator with hard ware. (6) 33 KV LAs (7) 33 KV Isolators. (8) Cable jointing & end termination kit for 33 KV XLPE cable. (9) 11 KV D.O. sets along with fuses. (10) 11 KV Lightning Arrestors. (11) 11 KV Disc insulators along with strain hard (12) 11 KV Pin insulators (13) 11 KV isolators & AB switches. (14) Cable jointing kit & end termination kit for 11 KV cable XLPE. (15) Distribution boxes along with MCCBs. (16) Aerial Bunched (AB) cable of size 3 X 120+1 X 16+1 X 95 sq. mm. 3x95+1x16+1x70 and Aerial Bunched, XLPE cable of size of 3 X 70 + 1 X 16 + 1 X 50 sq. mm (17) Single core, XLPE, unarmored, aluminum cable size 70, 150 & 300sq.mm. (18) MCB 40 amps. (19) 11 KV VCBs & outdoor CTs.
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(20) PVC cable armoured twin core, 4.0 sq. mm. and 6.0 sq. mm. (21) PVC copper cable, stranded, unarmoured, single core, 2.5 sq. mm. & 4.0 sq. mm. (22) Stay sets complete 16 sq. mm. along with stay wire 7/3.15 mm. (23) Energy meters single and three phase. 3.4 Time Limit to attend the faults:3.4.1 Repair and replacement of plants within the Defect Liability period shall be done within the time limit prescribed by the Madhya Pradesh Electricity Regulatory Commission in the Regulations framed by them. 3.4.2 In case the repair/replacement of the transformer or restoration of supply due to break downs in the lines exceeds the limit prescribed, the Contractor shall be liable to pay to the Employer the amount of compensation payable to the Consumer as prescribed by the Madhya Pradesh Electricity Regulatory Commission in the Regulations framed by them. The bidder shall also be liable for maintaining SAIFI, MAIFI & SAIDI as prescribed by MPERC time to time.

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Appendix 1 Functional Guarantees

1. Reduction of A T&C loss as detailed in clause 2.1.1 & 2.1.2 of Section 6, Employers Requirement, is essence of the Contract. On commissioning of the Facility or part thereof, AT & C loss are to be achieved as indicated in clause 2.1.1 of Section 6, on that part of the Facility which is commissioned. 2. On commissioning of 11 KV feeder and all the associated work like distribution transformers, LT line, whether new or replacement of conductor, replacement of service lines and replacement/ shifting of energy meters(Facility or part thereof), AT & C losses are to be achieved as indicated in clause1.6 of Section 6. In case this condition is not met, the Contractor shall be allowed a further period of three months to take all the necessary steps, in terms of sub clause GCC 28.2 of SCC, to achieve the target of maximum AT & C loss. In case the target of maximum AT & C loss is not met, liquidated damages ( as per GCC sub clause 28.3 & 28.4 of section 7) according to table given below shall be levied:(Note: The associated works will be the works as specified in sub clause 2.3 above.) % AT&C loss on commissioning of a particular 11 KV feeder including extended period of three months More than 9 & upto10 LD to be levied on Contract Price of the particular 11 KV feeder 2.5%

S. No.

Remarks If AT&C loss recorded on a particular 11 KV feeder on commissioning is 9.4% the LD shall be worked out on prorata basis as under:Example:LD=(9.4 - 9.0) x 2.5%XContract Price of that particular 11 KV feeder

More than 10 & upto11

5%

More than 11 & upto12

7.5%

Once Liquidated Damages are levied on this account, operational Acceptance for that feeder will be issued and no further Liquidated Damages shall be levied. LD shall not be more than 10% of contract price of that 11 KV feeder. This maximum limit of LD is in addition to L.D. as mentioned in GCC 26.2 of SCC section-8, Volume-I. However in case of some 11 KV feeders not exceeding 10% of the total number of 11 feeder in a lot, Liquidated Damage shall not be levied on this account, if their AT&C loss are more than 9% but do not exceed 12%. In cases where 10% of 11 KV feeders in a particular Lot are more than 0.5, a margin of one feeder will be allowed in other case if it comes less than 0.5 it will be ignored.

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In exceptional cases where the Contractor is not able to achieve 12% AT&C loss on a particular 11 KV feeder, even after re-engineering during extended period of three months, then such feeder shall be jointly examined by the Project Manager and the Contractor. If they conclude that further improvement is not economically feasible then Operational Acceptance of such feeder will be issued after levy of Liquidated Damages amounting to 20% of the infra-structure cost of that particular 11 KV feeder. 3. Liquidated Damages during the period of Annual Maintenance for five years:3.1 The Contractor shall be required to carry out the maintenance as specified in sub clause 2.8 of Section 6 Employers requirement. The Contractor shall ensure that the A T&C loss of particular 11 KV feeder is reduced further than what was achieved at the time Operational Acceptance. In case the A T&C loss in any quarter during the AMC period exceeds 9%, the Contractor shall pay Liquidated Damages as per following formula:Liquidated Damages (Rs.) = (Contract Price of the AMC that 11 KV feeder/4) X (% A T&C Loss at the end of the quarter -9) / 9 Example:(i) Contract Price of the AMC = Rs. 5 Lakh per annum (ii) Loss at the of quarter = 10% (iii) LD for that quarter = (5 / 4) X (10-9)/ 9 = Rs. 0.14 Lakh. 3.2 The liquidated damages and the AT&C loss shall be calculated at the end of each quarter from month following the month of Operational Acceptance. For example, if the Operational acceptance was in the month of July, the quarter will be at the end of following October and thereafter at the end of every three months. 3.3 Total Liquidated damages shall not exceed 50%of the total quarterly contract Price of AMC of particular 11 KV feeder. This maximum limit of LD is in addition to L.D. as mentioned in GCC 26.2 of SCC, section -8 & sub-clause 14.3 of appendix-8, section 9 of volume-I. 3.4 In case the A T&C loss in any continuous three quarters exceeds 9.0% after Operational Acceptance of facility as a whole (of all 11 KV feeders included in the lot) the employer may terminate contract of AMC after giving one month notice, in such case, the entire available residual performance security amount shall be forfeited and other terms of Contract shall also be applicable. 3.5 The Contractor will be paid bonus if the A T&C loss in any quarter is less than 9% at 11 KV level. Bonus shall be calculated as per following formula: Bonus (Rs.) = (Contract price of Annual maintenance of particular feeder/4) x (9- % A T&C loss at the end of the quarter) /9. Note: Quarter shall be reckoned as specified in sub clause 15.2 above. 3.6 Total amount of the bonus shall not exceed 25%of the total amount of the Contract Price of the annual maintenance payable quarterly for that particular feeder.
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