SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROCUREMENT SERVICES, CONSTRUCTION
SERVICES, ASSISTANCE IN PRE-COMMISSIONING,
COMMISSIONING, PERFORMANCE TEST &
GUARANTEE TEST RUN SERVICES FOR 200 TPD
ACETIC ACID PLANT WITH CO SEPARATION UNIT
SHEET 1 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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INVITATION TO BID
FOR
PROCUREMENT SERVICES, CONSTRUCTION
SERVICES, ASSISTANCE IN PRE-COMMISSIONING,
COMMISSIONING, PERFORMANCE TEST &
GUARANTEE TEST RUN SERVICES FOR 200 TPD
ACETIC ACID PLANT WITH CO SEPARATION UNIT
MUMBAI-400083, INDIA
Assam Petro-Chemicals Ltd. REGD. OFFICE: 4th Floor, ORION Place, Bhangagarh, G. S. Road, Guwahati – 781005,
Assam, India. Phone / FAX: (0361) - 2461470 / 2461471.E-mail: [email protected]
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 MASTER INDEX SHEET 2 OF 150
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CLAUSE NO.
MASTER INDEX SHEET
NO.
PREAMBLE 6
1 INVITATION & INSTRUCTION TO BIDDERS 8
2. DEFINITIONS & ABBREVIATIONS 25
3. EFFECTIVE DATE OF CONTRACT 32
4. SCOPE OF WORK 33
5. OWNER’S OBLIGATIONS 47
6. FEES TO CONSULTANT 51
7. TAXES AND DUTIES 53
8. PAYMENT TERMS AND PROCEDURE 55
9. INSURANCE 58
10. CHANGE IN SCOPE OF WORK 59
11. MECHANICAL COMPLETION 60
12. GUARANTEES FOR TIME SCHEDULE 63
13. GUARNTEE FOR EQUIPMENT AND LIABILITIES 64
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 MASTER INDEX SHEET 3 OF 150
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14. ACCEPTANCE OF FACILITIES 65
15. LIMITATION OF FACILITIES 66
16. SUB-CONTRACTING 67
17. PROVISION OF SEC.184 / 188 OF COMPANIES ACT 2013 68
18. PATENTS 69
19. CONFIDENTIALITY OF INFORMATION 70
20. ARBITRATION 71
21. FORCE MAJEURE 73
22. SUSPENSION OF WORK 74
23. TERMINATION OF CONTRACT 75
24. MISCELLANEOUS PROVISIONS 77
25. DURATION OF CONTRACT 78
26. NOTICE AND ADDRESSES 79
27. GOVERNING LAWS AND LANGUAGE & UNITS 80
28. BID EVALUATION NORMS 81
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
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ANNEX.
NO.
ANNEXURES
SHEET
NO.
1. SCOPE MATRIX 84
2. APPLICABLE CODES AND REGULATIONS 89
3. PROFORMA FOR BID SUMBISSION LETTER 91
4. FORM OF BANK GUARANTEE FOR SECURITY &
PERFORMANCE 92
5. FORMAT FOR PRICE SCHEDULE 95
6. CERTIFICATE AS PER SECTION 184/188 OF COMPANIES ACT
2013 102
7. PROFORMA FOR EXCEPTION/DEVIATIONS 104
8. PROFORMA FOR EXPERIENCE AND TRACK RECORD 106
9. PROFORMA FOR CONCURRENT COMMITEMENT OF BIDDER 107
10. PROFORMA FOR BIODATA OF KEY PERSONNEL 108
11. PROFORMA FOR CONTRACT 109
12. COORDINATION PROCEDURE 112
13. SPECIAL CONDITIONS OF PROCUREMENT & CONTRACTS 116
14. REVIEW AND APPROVAL PROCEDURE 123
15. INTEGRITY PACT 124
16. INFORMATION ABOUT TENDERER 131
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 MASTER INDEX SHEET 5 OF 150
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17. FORMAT FOR ENVELOPE CONTAINING BIDS 133
18. FORMAT FOR BIDDER’S QUERIES 136
19. CHECKLIST FOR SUBMISSION OF BID 137
20. PRO FORMA OF LETTER OF AUTHORITY FOR ATTENDING PRE-
BID MEETING 142
21. PRO FORMAOF LETTER OF AUTHORITY FOR ATTENDING
TECHNICAL BID OPENING AND PRICED BID OPENING 143
22. PROFORMA OF BID BOND 144
23. LIST OF PROPRIETARY AND NON-PROPRIETARY ITEMS 146
24. PROJECT COMPLETION SCHEDULE 149
25. PLOT PLAN 150
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PREAMBLE SHEET 6 OF 150
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PREAMBLE
Assam Petro-Chemicals Limited, a public Sector Undertaking under the State Govt.
of Assam, India was set up in the year 1976 with facilities for production of 30 TPD
of Methanol and 50 TPD Formaldehyde based on Natural Gas (NG). After
establishing itself as a successful Company in the Petrochemical Sector, the
Company expanded the business by setting up a new Methanol plant of capacity
100TPD based on I.C.I. Technology in the year 1986 and a new Formaldehyde
plant of capacity 100 TPD with technology from DERIVADOS, Spain which has then
been revamped to 125 TPD in the year 2012. The Company has ever since been
running with excellent operational and financial performances achieving capacity
utilization from the plant at the level of 95 to 100% on yearly basis and consistently
earning profit. The Company now intends to further expand the business by setting
up a new 500 TPD Methanol Plant & 200 TPD Acetic Acid Plant along with captive
power Unit and then to go for setting up plants for downstream value added
products like D.M.E, V.A.M, Polyvinyl Acetate, Polyvinyl Alcohol etc. to establish
itself as a major Petrochemicals Complex in the region.
The site for the New Plant:
The new 500 TPD Methanol Plant & 200 TPD Acetic Acid Plant will be set up in the
land area adjacent to existing location of APL factory at Namrup.
Approach to site:
The APL factory is situated at Namrup in the district of Dibrugarh, Assam, India.
Namrup is connected with Dibrugarh by state highway and is at a distance of
around 70 KM from Dibrugarh and around 65 KM from Dibrugarh Air Port. The
nearest railway Station is Namrup and is at a distance of 9 KM. The Station has
siding facilities suitable for handling Project equipments. The Railway Track is
Broad Gauge.
Electric Power:
Grid Power is available at APL factory site at Namrup, from Assam Power Generation
Corporation Ltd. Namrup, which is situated at a distance of around 1 KM from the
factory site of APL. 33/11 KV, 3.3 K.V and 415 V power supply is available at APL site.
One Captive Power Unit will be set up common for 500 TPD Methanol and 200 TPD
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PREAMBLE SHEET 7 OF 150
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Acetic Acid plant.
Water:
Water for the new 500 TPD Methanol & 200 TPD Acetic Acid Plant will be drawn from the
nearby "DILLI" River for which pipe line will be laid along with building up intake and
pumping facilities. Dilli River and laying pipeline up to plot boundary will be under the scope
of an agency other than EPCM CONTRACTOR for Methanol plant and Acetic Acid plant.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 8 OF 150
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1. INVITATION & INSTRUCTION TO BIDDERS
Assam Petro-Chemicals Ltd. (APL) invites offer from reputed Indian Consultancy firm
for Procurement services, Construction management services, Assistance in Pre-
commissioning, commissioning, Performance Test & Guarantee Test run services for
setting up a 200 TPD Acetic Acid Plant including Carbon Monoxide separation unit,
based on Methanol carbonylation (Methanol+CO) route.
The company will engage a separate PROCESS LICENSOR & ENGINEERING
CONSULTANT for supply of Acetic Acid Technology, do basic and detail design and
engineering, supply of proprietary items on CIF Kolkata Port Basis, erection
supervision, commissioning and guarantee test run for setting up a 200 TPD Acetic
Acid plant based on Methanol Carbonylation route with Carbon Monoxide Separation
unit. CONSULTANT appointed under this Proposal shall work in close coordination
and as per instructions of PROCESS LICENSOR & ENGINEERING CONSULTANT.
Assam Petro-Chemicals Ltd. (APL) had appointed Tata Consulting Engineers Limited
as Project Management Consultant (PMC) for this project.
1.1. BIDDING MILESTONES
Date of issue of the press advertisement 29-07-2015
Last date for receipt of Written Queries 07-08-2015
Pre-Bid Meeting / Site Visit only if the
parties so desire
13-08-2015 at 14:00Hrs. (IST) at APL
Site, Namrup, Dibrugarh, Assam
Last date & time for Receipt of Bids 01-09-2015 at 14:00 Hrs. (IST)
Date, Time & Venue for opening Of
Unpriced Bid
01-09-2015 at 14:30 Hrs (IST) at APL’s
Guwahati office. (at the below address)
Bid validity 180 days from the date of opening of
Unpriced BID.
BID BOND:
Rs. 15 Lakhs (Rupees Fifteen Lakhs
Only) as Bank Guarantee/ crossed
Demand draft.
Tender Fee Rs. 2000 in form of crossed Demand
Draft.
BID BOND validity: 180 days from the date of opening of Un-
priced BIDs.
Completion period Refer Annexure - 24
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 9 OF 150
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BIDs titled “Offer against Enquiry No. TCE.6842A-G-300-303 for
PROCUREMENT & CONSTRUCTION MANAGEMENT (PCM) SERVICES FOR
200 TPD ACETIC ACID PLANT WITH CO SEPARATION UNIT” should be
addressed and sent to Assam Petrochemicals Ltd. at the following address:
The Managing Director
Assam Petrochemicals Limited, 4th Floor,
Orion Place, G.S. Road Bhangagarh,
Guwahati-781005 Assam, India.
1.2. THE BID
The BID must contain the name and place of business of the person (s) submitting
the BID and must be signed and stamped by the BIDDER (S) with his (their) usual
signature (s) on each page (lower right portion) of the BID. Bidders are also
required to submit signed copy of Master Index of the bid document as a token of
receipt of completed tender document. The name (s) and designation(s) of the
person (s) signing the BID should also be typed or printed below their signature (s).
The un-priced and the priced offer shall be placed in separate sealed covers and
both the sealed covers shall be placed in another sealed cover as per format given
in Annexure-17
The Bidder shall submit duly filled, stamped and signed copy of proforma of letter of
authority for attending pre-bid meeting 2 days in advance to scheduled Pre-Bid
Meeting as mentioned in the Tender as per Format given in Annexure – 20.
The Bidder shall submit duly filled, stamped and signed copy of Proforma of letter of
authority for attending technical bid opening and price bid opening on or before
technical bid opening / price bid opening as per format given in Annexure – 21.
On the due date only Unpriced Bid (technical) will be opened and Priced Bid date,
time and venue will be intimated later to techno-economically acceptable bidders only.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 10 OF 150
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Qualification Criteria for Bidders are as follows:
i) COMMERCIAL & FINANCIAL
(a) The financial net worth of the bidder as per latest audited annual report shall be positive.
(b) The bidder shall have earned a net profit for the last three consecutive years.
(a) Bidders submitting their bids should not be under liquidation court receivership or similar proceedings. The bidder should not have been black listed or kept under holiday list in any Public Sector Undertakings in India.
(b) There shall not be any case or charge under investigation / enquiry / trial against the bidder, nor convicted in a court of Law nor suspended / black listed by any organization on any grounds.
(c) The bidder shall be a registered company in India.
ii) TECHNICAL
(a) Bidders shall have experience in last seven years of having successfully carried out and completed similar work in India calculated from the last day of the month previous to the one in which applications are invited.
Definition of “similar work” shall mean successful completion of Procurement and Construction Management services contract in a Process plant (Refineries / Petrochemicals / Fertilizers), with scope of work including Procurement Services, Tendering and award of items / works contracts, Construction management services, Pre-Commissioning / Commissioning assistance and Project Management. Tentative cost of equipments / items under 200 TPD Acetic Acid Plant is INR 185 Crores (+/- 10%) and for CO separation unit is 45 Crores (+/-10%).
(b) APL / TCE reserve the right to reject any bid, if necessary data, information are not furnished and also in APL / TCE’s opinion, the said bidder cannot execute the job satisfactory without assigning any reason thereof to the bidders.
1.2.1. Un-priced BID
The Un-priced bid shall comprise of the following documents:
i) A covering letter in the BIDDER's letter - head and as per proforma given
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 11 OF 150
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in Annexure-3 duly signed by authorized representative of the BIDDER.
ii) The BID DOCUMENT (along with documents & other enclosures) duly
signed and stamped on each page of BID DOCUMENT, by the authorized
person(s) having POWER OF ATTORNEY / authorization with the seal of
the Company/Organization in favour of the person signing the BID. All
Amendments/revisions to BID DOCUMENT issued by APL subsequently,
if any, must be signed and submitted along with the BID.
iii) Exceptions / Deviations, if any, to the terms and conditions of BID
DOCUMENT as per the enclosed Annexure - 7
iv) Details of similar WORK completed by the BIDDER during the last five
years as per the attached Annexure-8.
v) Details of the Concurrent commitments of the BIDDER as per the
enclosed Annexure-9.
vi) A detailed time schedule for each item of WORK. This schedule shall
match with the overall completion schedules of PROCESS LICENSOR &
ENGINEERING CONSULTANT till the mechanical completion. The details
of the overall completion schedule shall be as per attached Annexure – 24
vii) Existing organization set up of the bidder and Copy of Company profile
presentation.
viii) Proposed Organogram for execution of the work along with the manpower
deployment plan and with curriculum vitae of the key personnel indicated
in the organization as per the format enclosed at Annexure-10.
ix) Copies of Balance sheet/Annual Reports of the BIDDER for the last three
year along with income tax clearance certificate, Service Tax clearance
certificate.
x) Stamped and signed copy of the format for price schedule (without filling
price part) as per enclosed Annexure-5b.
xi) Declaration as per Sec. 184/188 of Companies Act 2013 (without
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 12 OF 150
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mentioning CONTRACT price) as per the enclosed Annexure-6.
xii) Check List showing all enclosures with the BID as per Annexure-19.
xiii) Acceptance of the payment terms and procedures as given under Clause
8.
xiv) Information regarding Tenderer in the Proforma enclosed as Annexure-16.
xv) Copy of the partnership deed in case the Bidder is a Partnership firm and
Memorandum / Articles of Association in case of Companies.
xvi) Tenderer’s quality policy.
xvii) Tenderer’s safety policy.
xviii) Bidder’s Execution Methodology
xix) Bidder’s Procurement Philosophy
xx) Bidder’s Construction Methodology
xxi) BID BOND of requisite value
1.2.2. Priced BID
The price part of the BID shall consist of the following duly signed & stamped by the
authorized person.
i) Format for price schedule Annexure-5a as submitted in un-priced BID
after filling CONTRACT price
ii) Declaration as per Sec. 184/188 of Companies Act 2013 as per the
enclosed Annexure - 6 and after filling CONTRACT price.
iii) Where there is a difference between the price, in words and figures, the
price quoted in words shall be taken as correct and final.
iv) It shall be the duty of the CONSULTANT to duly observe and perform in
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 13 OF 150
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accordance with all laws, rules, regulations, orders and formalities
applicable to Excise Duty, Sales Tax, VAT, Service tax, Customs Duty,
Labour Cess if applicable, Countervailing Duty etc. on the import,
manufacture, sale and/or supply of any material / Service to APL and
performance of the works under the Contract. The CONSULTANT
shall keep APL indemnified from and against any and all claims, demands,
prosecutions, actions, proceedings, penalties, damages, demurrages
and/or other levies whatsoever made or levied by any Court, Tribunal or
the Customs or other Authorities with respect to any alleged breach,
evasion or infraction of such duties, taxes, charges or levies or any breach
or infraction of any applicable laws, rules, regulations, orders or formalities
concerning the same and from the consequence thereof by
CONSULTANT himself or VENDORs / CONTRACTORs.
v) A Counter trade proposals shall not be considered in the evaluation of
Bids or otherwise.
vi) The prices quoted by the bidder shall remain firm and fixed and shall be
valid until completion of the Contract and shall not be subject to
variation/escalation on any account except as otherwise specifically
provided in the Contract documents.
1.2.3. Bid Bond
BID shall be accompanied by a BID BOND of Rs. 15,00,000 ( Indian Rupees
Fifteen lakhs only) which shall be made as a Bank Guarantee/Crossed Demand
Draft payable to “Assam Petrochemicals Limited” at the State Bank of India,
Panbazar Branch, Guwahati 781001, Assam. BIDS not accompanied by such BID
BOND shall not be considered. The BID BOND will not bear any interest and the
deposits of the unsuccessful BIDDERS shall be refunded/ returned soon after an
effective CONTRACT is entered into by OWNER with the successful BIDDER. If
for any reason, whatsoever, a BIDDER withdraws his BID at any time during its
validity period or if the selected BIDDER refuses to enter into an agreement and
/or to furnish a SECURITY DEPOSIT for faithful performance of the agreement
entered into, within the time stipulated, the BIDDER would be deemed to have
abandoned the BID and the deposit by him will be forfeited and the amount under
the BG/Demand draft will be en-cashed by APL.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 14 OF 150
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1.2.4. Bid Fee
BID shall be accompanied by a non-refundable BID Fee of Rs. 2,000 ( Indian
Rupees Two Thousand only) which shall be made as a Crossed Demand Draft
payable to “Assam Petrochemicals Limited” at the State Bank of India, Panbazar
Branch, Guwahati 781001, Assam. BIDS not accompanied by such BID Fee shall
not be considered.
1.3. CLARIFICATIONS ON ITB
The BIDDER is required to examine the BID DOCUMENT, and fully acquaint
himself as to all conditions and matters which may affect the WORK, time and cost
thereof. In case the BIDDER is in need of any clarifications on the BID
DOCUMENT, he should request, in writing, for the same to TCE (TATA Consulting
Engineers Limited) as per Annexure - 18. BIDDER'S request for interpretation
/clarification shall reach TCE on or before the last date for the receipt of the
queries as given in ITB. Any query/clarification shall be submitted in duplicate to
the address given in Annexure - 18. Only Written queries will be considered and
will be clarified. Verbal clarification and information given by TCE or its employees
or its representatives shall not in any way be binding on TCE.
1.4. VISIT TO FACILITIES
It is desirable that the BIDDERs visit the APL factory site at Namrup, Dibrugarh,
Assam to familiarize themselves with the FACILITIES. BIDDER shall inform the
OWNER in advance for site visit. All cost of traveling up to Dibrugarh, related to visit
to Namrup will have to be borne by the BIDDER including charges for stay at
Namrup.
1.5. EXCEPTIONS / DEVIATIONS
BIDDERS are required to submit their BID based on the terms and conditions and
scope of WORK contained in the BID DOCUMENT. However, any BIDDER who
takes exception/deviation to the BID conditions should indicate the same in the pro
forma for exception /deviation given as Annexure -7 Exceptions/deviations taken
elsewhere shall not be given any cognizance.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 15 OF 150
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1.6. THE BID PRICE
The lumpsum price to be quoted by the BIDDER for the respective scope of
WORK shall include and cover all costs of all items of WORK including any and all
levies, taxes, duties, insurance, Labour Cess if applicable and all miscellaneous &
related expenses of carrying out the scope of WORK as stipulated in the BID
DOCUMENT within and outside India. The quoted lumpsum price shall include and
cover the costs of all royalties and fees for all articles, and processes, protected by
letters, patent or otherwise incorporated in or used in connection with the WORK.
All cost of traveling, related to visits to Namrup or Guwahati will have to be borne by
the BIDDER.
1.7. LANGUAGE AND UNITS
All information in the BID shall be in English and translation by authenticated
English Translator to English shall be provided for information given in any other
language. For the purpose of interpreting the bid, the English Translation shall
govern. Metric units shall be used.
Official Language for execution of this order till its completion will be English.
1.8. LOCAL CONDITIONS
It will be imperative on BIDDERS to acquaint themselves of all local conditions and
factors which may affect the execution of WORK covered under the BID
DOCUMENT. In their own interest, the BIDDERS are requested to familiarize
themselves with the latest Indian Income Tax Act, Indian Companies Act, Indian
Customs Act and other related Acts and laws and regulations of India with their latest
amendments and any statutory requirements as applicable. OWNER shall not
entertain any request for clarifications from the BIDDERS regarding such local
conditions. It may be understood and agreed that such factors have properly been
investigated and considered while submitting the BID. No claim for financial or any
other adjustment to CONTRACT price and time schedule of completion on account of
lack of clarity of such factors shall be entertained.
1.9. BID SUBMISSION
BID shall be submitted in 4 (Four) copies (One in original) in double sealed
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
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envelope with name of WORK super-scribed with BID No & closing date written
prominently in the BID as well as on the envelope containing the BID. “TO BE
OPENED BY THE ADDRESSEE ONLY " should be prominently super-scribed on
the envelope. Technical (unpriced) and commercial (priced) bid should be in
separate envelopes duly super-scribed as Technical (unpriced) or Commercial
(priced) BID and both the sealed envelopes should be put into another cover
envelope super-scribing the ITB reference and due date of BID opening as per
Annexure-17. The BIDs shall be addressed and sent to the following address:
The Managing Director,
Assam Petrochemicals Limited
4th Floor , Orion Place,
G.S. Road, Bhangagarh,
Guwahati-781005
Assam. INDIA
The BIDDER has the option of sending the BID by registered post or submitting the
BID in person so as to reach the place of receipt of BIDs on or before the last date &
time fixed for receipt of BIDs. OWNER is not responsible for any loss or delay of
BID in transit. E-Mail / Telex/ Telefax /Telegraphic offers will not be accepted. The
BIDs received after the last date and time fixed for receipt of BIDs, (as set out in ITB)
shall be rejected.
1.10. BID OPENING
Unpriced part of the BIDs will be opened at the time and the date as given in the bid
document at APL’S Guwahati office (address given in clause 1.1) in the presence
of authorized representative (s) of BIDDERS, who wish to attend the BID opening
and submitted / carried letter of authority as per proforma for attending technical bid
opening as per Format in Annexure - 21. In case of any holiday falling on the date
fixed for opening of Unpriced BID, the next working day will be treated as scheduled
prescribed date for the opening of Unpriced BID; the time notified remaining the
same. Only the name of the bidders quoted will be read out. No other details will be
provided to bidders.
1.11. BID VALIDITY
BID shall remain valid for acceptance for the period as mentioned in the invitation
(Para. 1.0). BIDDERS shall not be entitled during the said validity period, without the consent
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 17 OF 150
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(in writing) of OWNER, to revoke or cancel the BID or to vary the same or any term thereof. In
case of BIDDER revoking or canceling the BID or varying any term in regard thereof,
the BIDDER’S BID BOND shall be forfeited.
1.12. COMPLETENESS OF BID
BIDs shall be complete in all respects, consisting of the particulars, prescribed
information and all prescribed conditions.
1.13. ACCEPTANCE OF BID
Bid evaluation shall be done on the basis of norms stated in clause 28. The right to
accept the BID in full or in part will rest with OWNER. However, OWNER is not
bound to accept the lowest BID and reserves the authority to reject any or all the
BIDs received without assigning any reason, whatsoever prior to award of
CONTRACT. OWNER will be the sole judge in the matter of award of
CONTRACT and the decision of OWNER shall be final and binding. Only those BIDs
which are complete in all respects shall be considered for evaluation. BIDs shall be
deemed to be under consideration after opening of unpriced BIDs and until such
time on official intimation of acceptance or rejection of BID is made by OWNER to
BIDDER. Priced BIDs of only those BIDDERS shall be opened who are selected
based on evaluation of their unpriced BIDs. OWNER shall inform the selected
BIDDERS for deputing their representative to attend price BID opening.
1.14. SECURITY DEPOSIT
The successful BIDDER shall furnish to OWNER within fifteen days of issue of
LETTER OF INTENT, the irrevocable SECURITY DEPOSIT in the form of a bank
guarantee as given in Annexure-4 from an Indian Nationalized bank/scheduled
bank in the manner as indicated in clause 8.5.
1.15. CONTRACT SIGNING
The successful BIDDER shall be required to execute a CONTRACT as per
Proforma attached to this BID DOCUMENT as annexure-11 within 30 (thirty)
calendar days of the issue of LETTER OF INTENT (LOI). In the event of failure on
the part of successful BIDDER to sign the CONTRACT within stipulated period, the
security deposit furnished by him will be forfeited and the acceptance of bid shall
be considered as cancelled. Two numbers of CONTRACT documents shall be
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TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 18 OF 150
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signed in original.
1.16. CANVASSING
Any form of canvassing is prohibited and the BIDDER found involved in canvassing
shall be disqualified.
1.17. BIDDER TO INFORM HIMSELF
1.17.1. BIDDER shall be deemed to have himself obtained all necessary information for the
purpose of preparing the BID and his BID as accepted shall be deemed to have taken
into account all contingencies as may arise due to such information or lack of the
same.
1.17.2. BIDDER shall be deemed to have examined the BID DOCUMEMENT, to have
generally obtained information in all matters whatsoever that might affect the
carrying out of the work and to have satisfied himself to the sufficiency of his BID.
The BIDDER shall be deemed to have visited APL, NAMRUP and carefully
examined/collected all the required technical documentation .He is deemed to have
acquainted himself as to the liability for payment of Government taxes, duties, levies
and other charges etc.
1.17.3. Any omission or failure on the part of the BIDDER in obtaining necessary and
reliable information affecting the CONTRACT shall not relieve him from liabilities
or the entire responsibility for completion of the WORK in strict accordance with
the CONTRACT.
1.17.4. No verbal agreement or inference from conversation with any officer or
employee of the OWNER either before or after the execution of the CONTRACT
agreement shall in any way affect or modify the terms or obligations herein contained.
1.18. QUALITY POLICY
The Bidder shall submit copies of their quality policy, procedures and performance
details, together with certifications obtained by them in this regard.
1.19. SAFETY POLICY
The Bidder shall submit copies of their safety policy, procedures and performance
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details, together with certifications obtained by them in this regard.
1.20. INTEGRITY PACT
The BIDDER shall be required to sign the Integrity Pact as per Annexure – 15.
1.21. APL’S RIGHT TO ACCEPT/REJECT BIDS
1.21.1. APL /TCE reserves the right to accept or reject any bid and to annul the
bidding process and reject all bids at any time prior to award of Contract
without thereby incurring any liability to the affected bidder(s) or any
obligation to inform the affected bidder(s) of the ground of APL's/TCE's action.
1.21.2. APL/TCE shall not be obliged to award the Order / Contract to the lowest
evaluated bidder if APL/TCE apprehends that it will not be in the interest of
APL/TCE to award the Order / Contract at the lowest evaluated price or to the
lowest evaluated bidder.
1.22. DUE DATE FOR SUBMISSION OF BIDS
1.22.1. As indicated in item clause no. 1.9 above, the Original bid with required
copies must be received by the designated authority on or before the bid due
date & time.
1.22.2. OWNER / TCE may, at its discretion, extend the deadline for the submission
of bids by amending the bidding documents and placing the time extension for
submission of bid in its website, in which case all rights and obligations of the
OWNER / TCE and bidders previously subject to the deadline, will thereafter
be subject to the deadline as extended.
1.22.3. Any request for due date extension shall be received to OWNER / TCE 72
hrs in advance to bid due date in writing clearly indicating the reason for
extension. OWNER / TCE will determine to its subjective satisfaction whether
the bidder extension request based on the reason mentioned by the bidder to
be accepted or not and such determination shall not be open to question.
1.23. MODIFICATION & WITHDRAWAL OF BIDS
1.23.1. The bidder may modify or withdraw his submitted bid, provided that written
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
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notice of withdrawal or modification along with modified bid is received by
OWNER / TCE prior to the deadline prescribed for submission of bids.
1.23.2. The bidder's modification or withdrawal notice shall be prepared, sealed,
marked and dispatched in accordance with the provisions for submission of
bids.
1.23.3. All correspondence related to modification or withdrawal shall be routed to
the following address in an envelope "Modification or Withdrawal for Enquiry
No. TCE.6842A-G-300-303":
The Managing Director,
Assam Petrochemicals Limited
4th Floor , Orion Place,
G.S. Road, Bhangagarh, Guwahati-
781005
Assam. INDIA
1.24. LATE BIDS
1.24.1. Any bid received by OWNER after the deadline for submission of the bids
(including any extension(s) hereof) will be declared "Late" and rejected and
returned unopened to the bidder.
1.25. BID REJECTION CRITERIA
1.25.1. Prior to detailed bid evaluation, APL/TCE will determine the substantial
responsiveness of each bid with respect to the bidding documents. A
substantially responsive bid is one which conforms to the terms, conditions
and specification of the Bidding Documents without material deviation. A
material deviation is one which affects in any substantial way the scope,
quality or performance of the works, or which limits in any substantial way,
inconsistent with the bidding documents, the TCE’s /APL's rights or the
bidder's obligations as envisaged in the bidding documents, and the
rectification of which deviation or reservation would affect unfairly the
competitive position of other bidders presenting substantially responsive bids.
Further examination of only such bids as are determined to be substantially
responsive shall be taken up, unless otherwise determined by APL/TCE.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 21 OF 150
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1.25.2. The bidders shall adhere to the following provisions of the Bidding Document
without taking any deviations, failing which the Bid shall be considered to be
non-responsive and may be rejected.
(a) Non-responsive bid as mentioned in clause no. 1.25.1 above
(b) Bids with Price variation clause (PVC)
(c) Non-Submission of EMD / Bid Fee
(d) Non-Submission of Integrity Pact on or before the bid due date as instructed in this Enquiry
(e) Submission of prices with erasures or corrections or using white fluids.
(f) Submission of Prices / rates in SOP in un-priced bid.
(g) Bids submitted in loose / stapled papers
(h) Rejection note as mentioned under various clauses of this tender document
1.26. AMENDMENT OF BIDDING DOCUMENTS
1.26.1. At any time prior to the deadline for submission of bids as well as up to
priced bid opening, OWNER / TCE may, for any reason whether at its own
initiative or in response to a clarification or modification requested by any
prospective Bidder(s), modify the Bidding documents.
1.26.2. The modifications/amendment will be uploaded in APL website and this shall
be part of the Bidding document and shall be binding on all bidders. Bidders
shall confirm the inclusion of Addendum / Corrigendum in their bid and shall
follow the instructions issued along with addendum / corrigendum.
1.26.3. Bidders shall examine the Bidding documents thoroughly and inform OWNER
of any apparent conflict, discrepancy or error, so that OWNER may issue
appropriate clarification(s) or amendment(s), if required.
1.27. BIDDING DOCUMENTS AND DEVIATIONS
1.27.1. It is expected that bidders will submit bids strictly based on the terms and
conditions and specifications contained in the bidding documents and will not
stipulate any deviations. However, become unavoidable, deviations should be
separately and specifically stipulated only in the "Deviation Sheet". Deviations
mentioned anywhere else in the offer other than the "Deviation Sheet" shall
not be acceptable and shall not be considered for bid evaluation. OWNER
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reserves the right to reject as non-responsive any bid containing major
deviation(s).
1.28. FORMAT AND SIGNING OF BID
1.28.1. The original and all copies of the bid shall be typed or written in indelible ink
and shall be signed by the bidder or a person or persons duly authorized to
sign on behalf of the bidder. Such authorization shall be indicated by written
power of attorney accompanying the bid. All pages of the bid, except for un-
amended printed literature, shall be initialed by the person signing the bid.
1.28.2. The bid shall contain no interlineations, erasures or overwriting.
1.29. CORRECTIONS AND ERASURES
1.29.1. Bidders are required to fill in the tender documents with due care so as to
avoid any cuttings/corrections/alterations in the entries made in the tender
papers.
1.30. TECHNO-COMMERCIAL EXAMINATION OF BIDS
1.30.1. APL/TCE will examine or cause to be examined the bids to determine
whether they are complete, whether the documents have been properly
signed, and whether the bids are generally in order.
1.30.2. APL/TCE will determine to its subjective satisfaction whether the bidder has
submitted a responsive bid and is qualified to satisfactorily perform the work,
and such determination shall not be open to question.
1.30.3. The determination will also take into account the bidder's financial and
technical capabilities, as well as such other qualifications as APL/TCE deem
necessary and appropriate.
1.30.4. Bidder(s) techno-commercially accepted will only be communicated for price
bid opening.
1.30.5. Bidder(s) who qualify for the award of contract as per criteria of this Tender
will only be communicated for the award of contract & subsequent LOI / WO
will be issued to them.
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TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 23 OF 150
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1.31. REBATE
1.31.1. No suo-moto reduction in price(s) by bidders is permissible after opening of
the bid. If any Bidder unilaterally reduces the price(s) quoted by him in his bid
after opening of bids, such reduction shall not be considered for comparison
of prices but shall be binding on the Bidder if he happens to be selected for
award of work.
1.32. CONTACTING APL/TCE
1.32.1. A bidder shall not contact APL on any matter relating to his bid from the time
of bid opening to the time, that the Contract is awarded, unless requested to
do in writing. Any effort by a bidder to influence APL in APL's decisions in
respect of bid evaluation or contract award will result in the rejection of that
bidder's bid.
1.32.2. Contact Details of Representative from TCE pertaining to this Enquiry is as
follows:
Mr. Sarjeevan Sainbhi / Mr. Sushil Kadam TATA CONSULTING ENGINEERS LIMITED, 4th Floor, Tower B, 247 Park, L.B.S. Road, Vikhroli (West), Mumbai – 400083 E-mail: [email protected] / [email protected] Phone: 022 6114 8630 / 022 6114 8625
1.33. OTHER FACILITIES
1.33.1. The OWNER will, at his discretion and convenience and for the duration of
the execution of the work, make available, land for construction of
CONTRACTOR’s field office; go-down, workshop and fabrication yard required
for the execution of the contract.
1.33.2. The OWNER shall not permit any land at site to be used for residential
purposes nor shall otherwise provide or arrange any land for temporary
accommodation of the CONSULTANT’s personnel or labour.
1.33.3. The CONSULTANT shall at its own cost and initiative arrange land for
residential accommodation for its staff and workers and the price of services
shall be deemed to include the same.
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1.34. OTHER REQUIREMENTS
1.34.1. Offer submitted by the bidders shall be duly paginated in sequential manner
from last to the first page on upper right portion.
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2. DEFINITIONS & ABBREVIATIONS
2.1 Following words and expressions given in alphabetical order, shall have the
meanings hereby assigned to them except where the context otherwise require:
2.1.1. ACCEPTANCE CERTIFICATE (PROVISIONAL) shall mean the certificate issued
by OWNER on successful completion of the performance & guarantees vide
Clause 4.11.2 & 4.11.3. ACCEPTANCE CERTIFICATE shall mean the certificate
issued by OWNER on satisfactory fulfillment of guarantees for equipment and
liabilities vide clause 12 and 13.
2.1.2. ACTS & CODES shall mean the applicable Codes & Regulations listed in
Annexure - 2 including the latest amendments, and /or replacements thereof.
Other internationally approved standards and/or Codes/Rules and Regulations
related to the subject matter of the CONTRACT.
2.1.3. ANNEXURE shall mean Annexure attached to this BID DOCUMENT/
CONTRACT and forming integral part of this BID DOCUMENT/CONTRACT.
2.1.4. APPROVED shall mean approved in writing including subsequent written
confirmation of previous verbal approvals.
2.1.5. AS-BUILT shall mean as constructed after incorporating any changes found
necessary during erection/commissioning.
2.1.6. BASIC ENGINEERING shall mean development of basic engineering
information/data/details as required for carrying out the DETAILED
ENGINEERING.
2.1.7. BATTERY LIMITS (B/L) shall mean the boundaries containing the FACILITIES.
2.1.8. BID shall mean the proposal along with supporting documents submitted by the
BIDDER for consideration by OWNER.
2.1.9. BID BOND shall mean a deposit for a value indicated in this BID DOCUMENT
required from the BIDDER at the time of bidding as a surety of earnestness on
the part of the BIDDER in taking up the work.
2.1.10. BID DOCUMENT(s) / ITB shall mean the documents issued by OWNER to
prospective BIDDER, containing various Terms and Conditions, Standards,
Technical requirements, drawings, maps & sketches and formats for the
BIDDERS to prepare their BID. The BID DOCUMENTS shall include inter-alia the
Invitation, Instruction to BIDDERS, drawings, time schedule, Proforma, formats
and any and all addenda/corrigenda issued by OWNER.
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2.1.11. BIDDER shall mean the firm or organization submitting a BID in response to the
Invitation to Bid.
2.1.12. COMMISSIONING shall mean pressing into service the FACILITIES and
establishing continuous production of Acetic Acid.
2.1.13. COMPLETION CERTIFICATE shall mean the certificate to be issued by the
OWNER when the MECHANICAL COMPLETION of the WORK has been
achieved to his satisfaction in accordance with the CONTRACT.
2.1.14. CONSULTANT shall mean the person(s), firm or company or corporation, or
consortia of firms/companies/corporations, whosever BID has been accepted by
OWNER and includes the CONSULTANT'S legal representatives, his successors
and permitted assignees.
2.1.15. CONSTRUCTION shall mean to include all responsibilities and activities for the
construction of the facilities and also include the dismantling of any
EQUIPMENT/PLANT HARDWARE from the FACILITY as required and removing
such material to any place on SITE as required by OWNER. However, new 200
TPD Acetic Acid Plant with the auxiliaries will be set up in plain areas and no
dismantling of existing structures is envisaged.
2.1.16. CONTRACT shall mean the contract between OWNER and the CONSULTANT,
duly signed by the parties to the contract through their authorized
representatives, for the execution of the WORK included in the BID
DOCUMENTS, LETTER OF INTENT (LOI), agreed variations to the BID
DOCUMENTS, if any etc. enclosed in the form of a statement with reference to
various clauses of BID DOCUMENTS or shall include the specifications,
schedules or rates/prices and other relevant documents as required out of the
BID submitted by CONSULTANT and as accepted by OWNER.
2.1.17. CONTRACTOR shall mean any person, partnership firm, company with whom a
CONTRACT is entered into by the CONSULTANT on behalf of OWNER for
CONSTRUCTION/INSTALLATION services for the WORK.
2.1.18. DATE OF ACCEPTANCE shall mean the date on which OWNER issues the
ACCEPTANCE CERTIFICATE to the CONSULTANT.
2.1.19. DAY means a continuous period of 24 hours.
2.1.20. DETAILED ENGINEERING shall mean to include all engineering activities
required to generate engineering documentation good for PROCUREMENT and
CONSTRUCTION activities, which shall include material take-off, specifications,
and drawings, details for civil and structural works, static equipment, machinery,
piping, electrics, instrumentation, insulation and painting etc.
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2.1.21. EFFECTIVE DATE OF CONTRACT shall mean the date on which the contract
shall become effective (as per Clause 3)
2.1.22. ENGINEERING -IN-CHARGE (EIC) shall mean the person(s) nominated from
time to time by OWNER and shall include those who are expressly authorized by
OWNER to act for and on its behalf for operation of this CONTRACT.
2.1.23. EQUIPMENT/PLANT HARDWARE means any equipment, machinery, piping,
electrical, instruments, accessories and materials necessary for safe, effective
and efficient operation of the FACILITIES.
2.1.24. EXPATRIATES/EXPERTS shall mean technical personnel and engineers having
requisite qualifications, experience and expert knowledge of the work assigned
and deputed by CONSULTANT under the CONTRACT.
2.1.25. FACILITIES shall mean the new 200 TPD Acetic Acid Plant including CO
Separation Unit with all its auxiliaries and utilities.
2.1.26. GUARANTEE PERIOD shall mean eighteen (18) months period from the date of
issue of COMPLETION CERTIFICATE or one year period after issue of
ACCEPTANCE CERTIFICATE (PROVISIONAL), whichever is earlier.
2.1.27. APL shall mean Assam Petrochemicals Limited, a company registered under
Companies Act having its registered office at 4th Floor, Orion Place, G.S Road,
Bhangagorh, Guwahati, and PIN-781005. Assam, INDIA
2.1.28. TCE shall mean TATA Consulting Engineers Limited appointed as PMC (Project
Management CONSULTANT)
2.1.29. PROCESS LICENSOR & ENGINEERING CONSULTANT shall mean
CONSULTANT appointed by OWNER for Supply of Process Technology, Basic &
detail engineering, Erection supervision, commissioning and guarantee test run
for setting up a 200 TPD Acetic Acid plant including CO separation unit i.e.
Beijing Zehua Chemical Engineering Company Ltd.
2.1.30. LETTER OF INTENT (LOI) shall mean an official intimation by OWNER through
Telex/Fax/Telegram/Letter to the successful BIDDER that his BID has been
accepted in accordance with the provisions contained therein.
2.1.31. PERDIEM means a continuous period of 8 hours on any DAY.
2.1.32. MANHOUR means a continuous period of one hour on any DAY.
2.1.33. MECHANICAL COMPLETION means the time when all the physical construction
of the plant has been completed, all pre-commissioning operations and tests, in
accordance with a mutually agreed detailed procedure have been satisfactorily
completed and the FACILITY is ready to receive feed.
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2.1.34. MONTH means continuous period of 30 days commencing from and inclusive of
a particular day in a calendar month.
2.1.35. OFFSITE /UTILITY UNITS shall mean all utility systems and facilities required
for the Project
2.1.36. OWNER shall mean APL through its designated representatives.
2.1.37. PARTIES shall mean APL and CONSULTANT.
2.1.38. PERMANENT WORKS shall mean and include all the systems items,
equipment, services, activities and SITE installations for civil foundations, roads,
buildings, super-structures, pipe racks, underground / above ground piping, all
electrical and instrumentation, insulation, painting, fireproofing, etc. or a part
thereof as the case may be, to be provided/done /executed /performed for
creating the facility for production of 200 TPD Acetic Acid.
2.1.39. PROCUREMENT (non-proprietary items) shall mean all responsibilities and
activities for preparation of procurement plan, procurement procedures, VENDOR
List, procurement general & commercial specification, making enquiries, making
price estimates, receiving bids, bid evaluation, making of commercial
recommendation, preparation of draft LOI and draft purchase order / Work Order,
Work Order specification / Contract Document, inspection and expediting,
transportation to site, Construction / Contract Services, pre-commissioning and
commissioning. PROCUREMENT shall also include coordinating with Process
LICENSOR for Technical specification, Technical Bid Evaluation, VENDOR
drawing and document Review, Inspection & Testing, Technical Order
Specifications.
2.1.40. PROCUREMENT (proprietary items) shall mean all responsibilities and activities
beyond items received on CIF Kolkata Port Basis including but not limited to port
clearance, handling and transportation including indigenous transit insurance to
SITE, Construction / Contract Services, pre-commissioning and commissioning.
2.1.41. PROJECT shall mean setting up of the 200 TPD Acetic Acid Plant with all
required auxiliaries and offsite facilities including CO Separation unit.
2.1.42. SITE shall mean the location on which various activities/ faci lities under this
CONTRACT are to be carried out/ provided.
2.1.43. STARTUP shall mean the action by which the feed stock is brought to the
system/ sub-system or the FACILITIES for the purpose of COMMISSIONING.
2.1.44. SUB-CONTRACTOR shall mean any person or firm or company, other than the
CONSULTANT, to whom any one or more of the services are entrusted by the
CONSULTANT within scope of the CONTRACT with prior written consent or
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OWNER.
2.1.45. TECHNICAL DOCUMENTATION shall mean such data, plans, specifications,
flow sheets, drawings and similar technical document, to be supplied by
CONSULTANT under the CONTRACT and shall include technical documentation
as mentioned elsewhere.
2.1.46. VENDOR shall mean any person, company, firm or body engaged by OWNER
OR by CONSULTANT on behalf of OWNER for supply of equipment,
material from India and/or abroad.
2.1.47. WARANTEE PERIOD shall mean the period during which the CONSULTANT
stands responsible for rectifying all defects free of cost that may appear in the
WORK executed by CONSULTANT in pursuance of the CONTRACT and for
providing guarantees and warranties for the PERMANENT WORKS which have
been executed in accordance with the WORK carried out under the CONTRACT.
WARANTEE PERIOD shall remain in force up to Eighteen months (18) months
after issue of COMPLETION CERTIFICATE or up to one year after issue of
ACCEPTANCE CERTIFICATE (PROVISIONAL) whichever is earlier.
2.1.48. WEEK shall mean continuous period of seven days commencing from and
inclusive of a particular day.
2.1.49. WORK shall mean and include all activities as given under the scope of WORK
to be executed, all items and things to be provided / done and services and
activities to be performed by the CONSULTANT in accordance with the
CONTRACT.
2.2 Following Abbreviations given in alphabetical order, shall have the meanings hereby
assigned to them except where the context otherwise require:
2.2.1. “ATC” means Agreed Terms and Conditions
2.2.2. “BIS” means Bureau of Indian Standard
2.2.3. “BEC” means Bid Evaluation Criteria
2.2.4. “BG” means Bank Guarantee
2.2.5. “BQC” means Bidders’ Qualification Criteria.
2.2.6. "CD" means Compact Disc
2.2.7. “CE” means Conformité Européenne ( European Community)
2.2.8. “CDD” means Contractual Delivery / Completion Date
2.2.9. “CPBG” means Composite Performance Bank Guarantee
2.2.10. “CPWD” means Central Public Works Department
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2.2.11. “CST” means Central Sales Tax
2.2.12. “DD” means Demand Draft
2.2.13. “DCP” means Dry Chemical Powder
2.2.14. “DGM” means Deputy General Manager
2.2.15. “DHT” means Diesel Hydro Treating
2.2.16. “ECC” means Excise Control Code
2.2.17. “ELCB” means Earth Leakage Circuit Breaker
2.2.18. "EMD" means Earnest Money Deposit
2.2.19. “EPF” means Employee Provident Fund
2.2.20. “ESIC” means Employees' State Insurance Corporation
2.2.21. “F&S” means Fire & Safety
2.2.22. “FGCU” means Flue Gas Scrubbing Unit
2.2.23. “FOR” means Free on Road
2.2.24. “FOT” means Free On Truck
2.2.25. “GC” means Goods Consignment
2.2.26. "GCC" means General Conditions of Contract
2.2.27. “GPC” means General Purchase Condition
2.2.28. “GTC” means General Terms and Conditions
2.2.29. “HSE” means Health, Safety & Environment
2.2.30. "HPCL" means Hindustan Petroleum Corporation Limited
2.2.31. “IFP” means Invitation for Pre-qualification
2.2.32. “IR” means Industry Relation
2.2.33. “ISO” means International Organization for Standardization
2.2.34. "ITB" means Instructions to Bid
2.2.35. “LD” means Liquidated Damages
2.2.36. "LIB" means Letter Inviting Bid
2.2.37. "LIT" means Letter Inviting Tender
2.2.38. “LOI” means Letter of Intent
2.2.39. “KMPH” means Kilometer per hour
2.2.40. “Kg” means Kilogram
2.2.41. “MVAT” means Maharashtra’s Value Added Tax
2.2.42. “MVL” means Master VENDOR List
2.2.43. “NDT” means Non Destructive Testing
2.2.44. "NIB" means Notice Inviting Bid
2.2.45. "NIT" means Notice Inviting Tender
2.2.46. “NSIC” means National Small Scale industries corporation
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2.2.47. “PAN” means Permanent Account Number
2.2.48. “PESO” means Petroleum and Explosive Safety Organization
2.2.49. “PBG” means Performance Bank Guarantee
2.2.50. “PF” means Provident Fund
2.2.51. “PO” means Purchase Order
2.2.52. “PMC” means Project Management CONSULTANT
2.2.53. “PPE” means Personal Protective Equipment
2.2.54. “PVC” means Price Variation Clause
2.2.55. “QAP” means Quality Assurance Plan
2.2.56. “QMS” means Quality Management System
2.2.57. “RA” means Running Account
2.2.58. “RR” means Railway Receipt
2.2.59. “RT” means Radiographic Testing
2.2.60. “SAP” means Systems, Applications and Products in Data Processing
2.2.61. "SCC" means Special Conditions of Contract
2.2.62. “SOP” means Schedule of Price(s)
2.2.63. “SOR” means Schedule of Rate(s)
2.2.64. “SPC” means Special Purchase Conditions
2.2.65. “SWP” means Safe Working Practices
2.2.66. “TCE” means Tata Consulting Engineers Ltd.
2.2.67. “TDS” means Tax Deduction at Source
2.2.68. “TI” means Transparency International
2.2.69. “TIN” means Tax Information Network
2.2.70. “TR” means True Receipt / Transport Receipt
2.2.71. “VAT” means Value Added Tax
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3. EFFECTIVE DATE OF CONTRACT
The issue of LOI shall be Effective date of the contract. CONSULTANT shall
commence its work on issue of LOI.
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4. SCOPE OF WORK
4.1. The PROCESS LICENSOR & ENGINEERING CONSULTANT will supply Acetic Acid
technology, do basic and detail design and engineering, supply proprietary items of
process LICENSOR/technology supplier on CIF Kolkata Port basis, erection
supervision, commissioning and Guarantee Test run for setting up a 200 TPD Acetic
Acid Plant based on Methanol Carbonylation route with Carbon Monoxide separation
unit at Namrup, Dist. Dibrugarh, Assam, India.
4.2. The CONSULTANT is required to carry out all responsibilities and activities for
Procurement services, Construction management services and engagement of
erection contractors, Assistance in Pre-commissioning, commissioning, assistance in
Performance Test & Guarantee Test run for setting up a 200 TPD Acetic Acid Plant
including Carbon Monoxide separation unit, based on Methanol carbonylation
(Methanol + CO) route.
4.3. CONSULTANT shall be responsible for verification of technical documents /
specifications received from PROCESS LICENSOR & ENGINEERING CONSULTANT
for completeness in all respect for purpose of procurement and contracts.
4.4. CONSULTANT shall work in close coordination and assist PROCESS LICENSOR &
ENGINEERING CONSULTANT in Construction / Erection, Pre-commissioning and
commissioning. PROCESS LICENSOR & ENGINEERING CONSULTANT will be
appointing one full time coordinator in India specifically for technical procurement
services for non-proprietary equipment. CONSULTANT shall also work in close
coordination with this coordinator for procurement related activities.
4.5. PROJECT IMPLEMENTATION SCHEDULE
4.5.1. Within 30 days from the date of issue of LOI (Letter of Intent), CONSULTANT shall
provide the project Master Schedule to achieve the target date of MECHANICAL
COMPLETION in line with the project Implementation Schedule (refer Annexure - 24 ).
The Master Schedule shall be discussed and approved by OWNER. After the approval
of the Master Schedule, CONSULTANT shall expand the activities of the Master
Schedule into sub-schedules as the progress is made on the PROJECT. For this
CONSULTANT shall obtain from VENDOR and CONTRACTORS their detailed
schedule of activities relating to the tasks to be carried out by them and incorporate in
the Master Schedule. CONSULTANT shall on the basis of the approved Master
Schedule develop a Network Schedule in accordance with its standard procedures
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and available reputed software (Such as Primavera or MS Project) and at a level of
detailing as mutually agreed. It will show scheduled start, scheduled finish, actual start
and actual finish dates and percentage of completion. This Network Schedule shall be
updated every month or as otherwise agreed.
4.5.2. In case there is any revision in the duration of any activity, the same shall be
indicated by CONSULTANT along with updated data for the schedule. CONSULTANT
shall detail out the actions to be effected to achieve the targeted dates and the same
shall be discussed and reviewed with OWNER, periodically, and the schedule shall be
periodically revised and updated to reflect the latest information. The co-ordination
procedure between the OWNER and CONSULTANT will be as per guidelines given in
Annexure -12.
4.5.3. CONSULTANT shall collate project data, generation and monitoring of documents on
regular basis. CONSULTANT shall notify OWNER regarding change envisaged in the
plant as soon as they are identified.
4.5.4. CONSULTANT shall prepare coordination procedure giving following details:
a. Project Organization (Relationship between CONSULTANT / OWNER /
PMC / Process LICENSOR & Engineering CONSULTANT / VENDORs /
CONTRACTORs)
b. Project reference and address
c. Communication between OWNER and others
d. Information to be obtained from OWNER
e. Minutes of Meetings
f. Change Notice procedure for VENDORs and CONTRACTORs
g. Documents to be issued to OWNER and approvals by OWNER
h. Managements of interface issues with other CONSULTANTs
i. Co-ordination with LICENSOR & Other Parties
4.5.5. CONSULTANT shall prepare a computerized programme indicating critical (milestone)
events considering the overall project completion. CONSULTANT shall prepare regular
activity schedule defining the work required to be done during a specific period based
on the overall programme. CONSULTANT shall prepare fortnightly / monthly planning
reports indicating (discipline-wise) planned and actual progress of procurement and
construction in formats to be agreed from time to time. CONSULTANT shall generate
and monitor documents like enquiry status report, document control index, and
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communication / transmittal log and approval status, exception reports, look ahead
schedule, expediting reports, recovery plan, interface input / output etc.
4.6. OWNER'S PARTICIPATION
4.6.1. CONSULTANT shall associate OWNER's representative(s) with WORK as carried out
by CONSULTANT wherever desired by OWNER.
4.7. PROCUREMENT SERVICES
4.7.1. CONSULTANT shall provide PROCUREMENT services for materials and Works
Contracts related to installation of 200 TPD Acetic Acid Plant with CO separation Unit
for all non-proprietary items/ works / equipments and limited procurement services
beyond CIF Kolkata Port basis for proprietary equipments / items.
4.7.2. CONSULTANT shall draw out a schedule for PROCUREMENT of all goods and
services. This shall include relevant enquiry packages, the scheduled dates for
issue of enquiries, preferred delivery periods, bid opening, sending
recommendations and issue of purchase order/works contract.
4.7.3. EQUIPMENT procured shall be according to PROCESS LICENSOR'S technical
specifications, of the best acceptable quality, proven record of performance at
reasonable cost, and with suitable delivery time to meet MECHANICAL
COMPLETION as per schedule.
4.7.4. PROCUREMENT services shall include (without being limited to) the following for
NON PROPRIETARY ITEMS:
a) Preparation of Procurement Plans & Procedures
b) Preparation of a list of qualified VENDOR (S) of selected items for approval by
OWNER.
c) Supply of general & commercial specifications and complete Tender for
approval by OWNER.
d) Preparation of bid documents for tendering
e) Preparation of Price Estimates to an extent of +/- 20%.
f) Inviting and receiving quotation in sealed covers.
g) Response to Any commercial queries by bidders.
i) Bid evaluation on the basis and norms approved by the OWNER. Bid
evaluation shall be including negotiations with prospective CONTRACTORs,
where necessary. Price negotiation will be done by OWNER in participation with
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the CONSULTANT.
h) Preparation and submission of CONSULTANT‘S recommendation in regard to
selection of VENDOR for award of job in the format approved by the OWNER
for Approval.
i) After getting OWNER’S approval on final selection of VENDOR for award of
job, preparation of Letter of Intent (LOI) & purchase orders (PO) / Work Order
(WO) for all items together with spares and special maintenance tools
covering accordingly all terms and conditions such as specifications,
requirements for quality, inspection, and test, warranties and guarantees and
commissioning assistance by VENDOR, delivery schedule, packing,
transportation and insurance, and documentation ensuring accuracy of
purchase order. OWNER shall sign and approve the final selection for award
of job.
j) OWNER shall sign the LOI & PO / WO. CONSULTANT shall issue LOI & PO /
WO to VENDORS / CONTRACTORS on behalf of the OWNER. A sent copy
of all LOI & PO /WO with enclosures shall be sent to OWNER / TCE.
k) CONSULTANT shall be responsible for the accuracy and completeness of LOI
& PO / WO. Any approval by OWNER’S representative shall not relieve
CONSULTANT of such responsibility.
l) Supply of shop fabrication drawings as made available by VENDOR.
m) Supply of characteristic curves for pumps and compressors, etc. as made
available by VENDOR.
n) Supply of certified drawings including civil scope drawing and loading data,
Pertinent bulletin, installation, operation and maintenance manuals and test
Certificates as received from VENDOR.
o) Supply of as built VENDOR’s drawings, Furthermore one reproducible upon
Completion of work shall be provided as far as possible.
p) CONSULTANT shall arrange, on behalf of OWNER, services of VENDOR'S
specialist for installation and commissioning of equipment wherever
considered necessary by OWNER / TCE.
q) CONSULTANT shall arrange for re-procurement of such items of equipment
that are lost, damaged or short supplied.
r) For items required for performance guarantee, CONSULTANT shall establish
an inspection and expediting system and use its services for obtaining
EQUIPMENT which conforms to the required technical and quality
specifications and delivery according to purchase orders. Copies of expediting
and inspection records, duly prepared by expeditor and/or inspector of
CONSULTANT shall be sent directly to OWNER to avoid time delay. Where
required by OWNER, CONSTULTANT shall provide services for arranging
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third party inspection and quality certification.
4.7.5. Test Reports And Certificates
a) Purchase order/works orders shall provide for inspection and delivery instructions.
All test reports, results of radiography or core sample test conducted by
CONSULTANT or VENDORS or third party inspector shall be made available to
OWNER'S representative / PROCESS LICENSOR & ENGINEERING
CONSULTANT.
b) CONSULTANT shall arrange to provide appropriate test certificates, copies of
drawings, radiographic examination reports, and other documents by VENDOR as
required by inspecting authorities for Boiler, Factory, Electrical, Explosives, etc. or
other authorities as may be required in terms of regulations in force in the State of
Assam/India. CONSULTANT shall notify OWNER / PROCESS LICENSOR &
ENGINEERING CONSULTANT sufficiently in advance, the date of inspection of
EQUIPMENT in order that OWNER'S / PROCESS LICENSOR & ENGINEERING
CONSULTANT’S representative may also participate, if desired, in such
inspection and test. For all critical items, the CONSULTANT shall make provision
for third party inspection. Responsibility of selection of third party agency where
required by the OWNER and monitoring of the same lies with the CONSULTANT.
APL shall make payments to 3rd party agency directly. In the event that any
inspection or test is not satisfactory or an inspection or test discloses defective
material (s) or workmanship, CONSULTANT shall cause corrective measure to be
taken.
c) CONSULTANT shall not be relieved of its responsibility and liability under
CONTRACT as a result of OWNER'S / PROCESS LICENSOR & ENGINEERING
CONSULTANT’S failure to attend any inspection or test or OWNER'S failure to
detect defect noticed during any inspection or test or OWNER'S reliance on
CONSTULTANT's acceptance of any inspection or test.
4.7.6. Replacement of equipment
CONSULTANT shall provide technical / additional services for such items of
EQUIPMENT or material, which are lost, damaged, short supplied and
necessitate re-procurement.
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4.7.7. Inspection and Expediting
CONSULTANT shall inspect EQUIPMENT as and when appropriate including
those items covered by selected sub-orders at shops of VENDORS and /or
manufacturers and expedites in order to ensure as far as possible delivery
according to purchase order. At all times OWNER or any third party nominated by
OWNER, shall be entitled to inspect EQUIPMENT at the point of manufacture.
OWNER'S participation in inspection shall not relieve or discharge CONSULTANT in
any manner in his obligations, guarantees and warranties under the CONTRACT.
4.7.8. Government clearances
CONSULTANT shall prepare, according to schedules, necessary data and
specification sheets for such items of EQUIPMENT intended for import in order to
meet required procurement procedure, technical specifications, and the delivery
schedules, and these shall be submitted to OWNER for obtaining Government
clearances & deemed export benefits relating to exemption of customs duty etc.
CONSULTANT shall provide the necessary details of expatriate persons of
VENDORs to APL, to enable APL to furnish documentation required for the VENDOR
to obtain visas and other permits for its expatriate personnel.
4.7.9. Transportation of equipments
a) CONSULTANT shall render services to arrange for proper packing, transportation
from foreign manufacturers’ works to Indian port (whether by ship or aircraft) for
EQUIPMENT. CONSULTANT shall be responsible for port clearance, handling
and transportation including indigenous transit insurance to SITE. Any special
clearance, lifting, handling, loading / unloading and transport arrangements for
over dimensional consignments shall be arranged by CONSULTANT.
CONSULTANT shall arrange transportation of equipment from port/manufacturer’s
works through transport CONTRACTOR. Preparation of the list of qualified
CONTRACTORS for transportation of equipment, preparation of bid documents for
tendering and receiving quotations. Evaluation of tenders received from different
parties for undertaking the transportation of equipment shall be done by
CONSULTANT who will give their recommendation for the decision by OWNER.
OWNER shall be responsible for payments in connection with transportation by
road, rail, ship or aircraft, insurance and freight charges, customs duties, if any,
and any associated charges, CONSULTANT shall use on behalf of OWNER the
services of shipping agents appointed by OWNER and obtain applicable rebates
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available on Government consignments under related freight Conference
Agreement and as far as possible use Indian Flag Vessels.. CONSULTANT shall
arrange for expeditious port and customs clearance for the consignments to avoid
demurrage at port of unloading.
b) CONSULTANT may engage 3rd party agencies for Port clearance, Handling and
transportation to site, Special clearance for transportation of equipment under the
supervision control and responsibility of CONSULTANT. These agencies can be
engaged with approval of the OWNER. Responsibility of selection of 3rd party
agency and monitoring of the same lies with the CONSULTANT, APL shall make
payments to 3rd party agency directly.
c) CONSULTANT shall Endeavour to have the consignments in the Upper part of the
hold to enable early discharge at the Indian port. The above arrangement shall
form part of terms and conditions of relevant purchase order, wherever applicable.
CONSULTANT shall be responsible for the total stores management as per clause
given in section 5.4 (STORING OF EQUIPMENT). CONSULTANT shall be
responsible for inspection of EQUIPMENT on receipt at SITE. All reprocurement
for EQUIPMENT short shipped, lost or damaged during transit shall be the
responsibility of CONSULTANT.
d) Responsibility of transportation of equipments, as mentioned in this clause, is
entirely in CONSULTANT’s scope. This will also be applicable for services towards
re-procurement of short-supplied, lost or damaged items during transit, including
providing technical & expediting services for insurance claims. As mentioned, in
clause given in section 9.2 (INSURANCE), OWNER will take all necessary &
adequate insurance cover for transit risks.
4.8. CONSTRUCTION & CONTRACTING SERVICES
The CONSULTANT will place specialist at site during erection who will supervise
construction/erection activities such that the CONSULTANT ensures that
construction/erection is being done is in conformity with the Contractual Obligation and
design & Engineering by PROCESS LICENSOR & ENGINEERING CONSULTANT.
CONSULTANT has to work in close coordination with PROCESS LICENSOR &
ENGINEERING CONSULTANT for successful construction / erection is being done as
per contractual requirement and as per instructions of PROCESS LICENSOR &
ENGINEERING CONSULTANT.
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The CONSULTANT will give the tentative requirement of number of specialists to be
deputed for erection, supervision and period thereof.
CONSULTANT shall provide supervision services for all CONSTRUCTION
activities. CONSULTANT shall carry out construction service like (but not limited to)
interpretation of drawings, civil works, erection, site fabrication, piping, instrumentation
electrical installation, insulation, painting, testing and pre-commissioning and any
other CONSTRUCTION jobs leading to MECHANICAL COMPLETION.
CONSULTANT shall organize these activities in appropriate sequence and use
proper methods giving due regard to the requirement of safety, quality, sound
engineering practice, compliance with relevant codes and regulations, and for
achieving MECHANICAL COMPLETION within the guaranteed period. The services
performed by CONSULTANT shall include, but not limited to the following:
i) Preparation of the list of qualified CONTRACTORS for various CONSTRUCTION activities for approval by OWNER.
ii) Preparation of bid documents for tendering.
iii) Inviting and receiving sealed quotations.
iv) Bid evaluation on the basis and norms approved by the OWNER. Bid
evaluation shall be including negotiations with prospective CONTRACTORs,
where necessary. Price negotiation will be done in participation of the OWNER.
v) Preparation of LOI & works contracts stipulating all terms, conditions, quality, time schedule, and penalties, for award of contract by OWNER.
vi) Preparation and submission of CONSULTANT‘S recommendation in regard to selection of CONTRACTOR for award of job in the format approved by the OWNER for Approval.
vii) After getting OWNER’S approval on final selection of CONTRACTOR for award of job, preparation of Letter of Intent (LOI) & Work Order (WO) for all items together with spares and special maintenance tools covering accordingly all terms and conditions such as specifications, requirements for quality, inspection, and test, warranties and guarantees, completion schedule, insurance, and documentation ensuring accuracy of Work order. OWNER shall sign and approve the final selection for award of job.
viii) OWNER shall sign the LOI & WO. CONSULTANT shall issue LOI & WO to VENDORS on behalf of the OWNER. A signed copy of all LOI & WO orders with enclosures shall be sent to OWNER.
ix) CONSULTANT shall be responsible for the accuracy and completeness of LOI & purchase orders. Any approval by OWNER’S representative shall not relieve CONSULTANT of such responsibility.
x) Review construction plan of different CONTRACTORs
xi) Review and approve construction schedules
xii) Organize, plan and manage the construction work. CONSULTANT shall visit
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CONTRACTOR / their SUPPLIERS shop to carry out / witness critical inspection & testing activities.
xiii) Coordinate, inspect and expedite the work of CONTRACTOR in order to secure completion of contracts in conformity with plans, specifications and approved schedules and as per Process package.
xiv) Ensure and certify quality and quantity of work performed by CONTRACTORs and maintain necessary records required for verifying quality and quantity of work and CONTRACTOR’s bills according to the conditions of contracts. Analyzing extra claims and quantity variations, if any and forwarding the recommendations to OWNER.
xv) Fix construction programs, schedules, targets, etc. with the construction agencies and periodical review of the same.
xvi) Controlling change orders
xvii) Liaison with OWNER project team
xviii) Liaise with Construction Head Office in order to ensure adequate and timely flow of drawings, data, equipment and material to the field.
xix) Monitor allocation of construction resources
xx) Initiate action for arranging the services of VENDOR’s specialists as required for satisfactory execution of erection and mechanical trial run, in terms of respective contract.
xxi) Prepare construction progress report, construction schedule, action plan and other reports as per standard practice.
xxii) Warehouse management & spare parts management
xxiii) Preparation and liquidation of check list / punch list for mechanical completion and commissioning.
xxiv) Implementation of safety procedures and practices.
xxv) Review the construction work / progress regularly to ensure that the site CONTRACTOR's allocation of number and type of manpower is adequate, and to ensure that construction equipment, cranes, tools, tackles, scaffolding, lighting etc. for the execution of the work are adequate and in safe working condition.
xxvi) Monitor planned and actual delivery of equipment
xxvii) Monitor work at site against schedule, recommending to OWNER about pre-commissioning
xxviii) Monitoring and reviewing construction dossiers
xxix) CONSULTANT to ensure compliance of safety regulations including safety gear such as safety helmets, safety shoes, gloves, earplugs, goggles, safety belts, safety nets etc.
xxx) Review of quality, safety and HSE plans
xxxi) All material handling equipment should be subjected to required load test, initially and then periodically, to ensure safe / stable operation including witnessing and maintaining record of all such tests.
xxxii) Verify the actual work completed by the site CONTRACTORs and recommend
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to OWNER for release of each progress payment according to the contract.
xxxiii) Review the construction quality assurance plans prepared by the site CONTRACTORs to ensure compliance to approved codes / standards / specifications, etc:
xxxiv) Recommend to OWNER for resolution of problems
xxxv) Review, audit and approve welding procedures and welders qualification procedures that are submitted by the CONTRACTORs for their works.
xxxvi) Monitor compliance of various statutory rules, regulations and safety measures and ensure that site CONTRACTORs arrange and coordinate site inspection, testing etc. as required under local statutory rules and regulations prevalent in India.
xxxvii) Ensure that site CONTRACTORs take all necessary precautions to protect construction work and material from damage by climate, outside elements and construction activities.
xxxviii) Alert OWNER and the site CONTRACTOR immediately of any use of materials not in accordance with the drawings and Project specification and take immediate corrective action.
xxxix) Review safety procedures prepared by the site CONTRACTORs for compliance with applicable codes, regulations and OWNER, LICENSOR requirements.
xl) Review site CONTRACTORs schemes for heavy / critical equipment's erection / lifts / rigging before CONTRACTOR effects such critical / heavy lifts.
xli) Review alignment (hot / cold) of all rotary equipment / machinery by site CONTRACTOR and their upkeep / maintenance as per suppliers’ recommendations.
xlii) Advise site CONTRACTORs to take immediate appropriate corrective actions as & when discrepancy arises to fulfill quality and safety obligations.
xliii) Review and certify As-built drawings to be prepared by respective CONTRACTORs and submit the same to APL.
xliv) Monitor construction planning and execution of construction work to verify that safety issues are adequately addressed
xlv) Advice OWNER about any deviations or inconsistencies with proposed corrective actions
xlvi) Review and approve the quality documentation submitted by CONTRACTORs
xlvii) Perform the quality audits
xlviii) CONSULTANT shall assess the availability of tools/tackles/special construction aids required for CONSTRUCTION and available with OWNER and arrange for all other such aids/tools/tackles himself which are not available at SITE with the OWNER, but are necessary for CONSTRUCTION / erection of proprietary / non-proprietary equipment.
xlix) CONSULTANT shall be responsible to record measurement of civil, mechanical and other erection work in measurement sheets periodically. These measurements shall be carried out jointly by CONSULTANT'S and CONTRACTOR'S representatives. The measurements so recorded shall form the basis for verification and payments of running and final bills of
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CONTRACTORS. CONSULTANT shall check and recommend the bills of CONTRACTORS for payment and OWNER shall pay to the CONTRACTORS the certified amounts on certification by ENGINEER-IN- CHARGE for payment.
l) Review, audit & approve welding procedure submitted by CONTRACTORs
li) Co-ordinate & ensure the presence of VENDOR representatives during erection & commissioning of equipments / instruments wherever required.
4.9. MECHANICAL COMPLETION
CONSULTANT shall be responsible for all services leading to MECHANICAL
COMPLETION.
4.10. PRE-COMMISSIONING SERVICE
CONSULTANT shall render and be responsible for supervision and direction of pre-
commissioning activities leading to MECHANICAL COMPLETION. These activities
will include relevant checking, adjustment, testing, calibration, running-in and trial
runs of individual items of EQUIPMENT, and other similar jobs.
CONSULTANT shall provide experienced personnel as required for carrying out the
supervision of pre-commissioning activities with OWNER's personnel
CONSULTANT shall arrange for VENDOR's specialists where required. Suitable
provision for such services shall be made by CONSULTANT in respective WO’s /
PO’s.
CONSULTANT to ensure that all the pre-commissioning / commissioning activities of the Project are carried out by site CONTRACTOR / other agencies in accordance with the instructions of PROCESS LICENSOR & ENGINEERING CONSULTANT and as per established procedure, schedules and program, as detailed below:
- Hot alignment checks and running of rotating equipment.
- Equipment operation checks e.g. vibration, trips, functioning of safety devices
and other required operating tests and adjustments.
- Flushing, blowing and chemical cleaning.
- Installation of temporary screens, strainers, and blinds.
- Adjustments and replacements, if necessary, of mechanical seals, packing and accessories as required.
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- Necessary purge operations, including installation of temporary purge piping or hoses to equipment connections.
- Checking of bores of orifice plates and installing them after flushing operations.
- Instrument calibrations with standard test equipment and all required adjustments and control point settings.
- Functional check on all instruments and controllers.
- Check all instrument loops for proper functioning.
- Checking and recording positions of all valves.
- Checks on pipe hangers, supports; and guides for hot/cold settings and necessary adjustments.
- Refractory dry out for furnaces, stacks and heat recovery sections.
- Ensure that the CONTRACTORs shall rectify all defects and deficiencies found during the course of Commissioning.
- Testing of Equipment / Piping like hydro test, pneumatic test etc.
- Checking the availability of spares for pre-commissioning & commissioning.
4.11. COMMISSIONING & PERFORMANCE TESTS
4.11.1. COMMISSIONING:
CONSULTANT shall be responsible for supervision and direction of commissioning
after pre-commissioning activities have been completed giving due regard to safety of
EQUIPNMENT according to sound international practice. Commissioning shall mean
stabilizing operation of the individual equipment Plant and system along with their
auxiliaries.
CONSULTANT to ensure that all the commissioning activities of the Project are carried
out by site CONTRACTOR / other agencies in accordance with the instructions of
PROCESS LICENSOR & ENGINEERING CONSULTANT.
4.11.2. PERFORMANCE TEST
PROCESS LICENSOR & ENGINEERING CONSULTANT shall be responsible for
conducting a performance test to establish the sustained operation of the plant over a
period of 90 days. CONSULTANT shall provide assistance in Performance test as per
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instructions by PROCESS LICENSOR & ENGINEERING CONSULTANT.
4.11.3. GUARANTEE TEST
PROCESS LICENSOR & ENGINEERING CONSULTANT shall be responsible for
conducting a guarantee test for duration of 72 hrs to demonstrate the ability of the plant
for meeting the performance level. CONSULTANT shall provide assistance in
Guarantee test as per instructions by PROCESS LICENSOR & ENGINEERING
CONSULTANT.
4.12. SAFETY AND PLANT SECURITY
4.12.1. CONSULTANT shall observe and also use his best efforts to ensure that all
parts of WORK carried out at SITE being done in a safe and satisfactory manner
conforming to applicable Safety Rules and Regulations. CONSULTANT shall
provide safety apparel and equipment to their employees. OWNER shall have
the right to object to any unsafe practice followed by CONSULTANT’s
employees or any CONTRACTOR'S /SUB CONTRACTOR's personnel and direct
them to carry out the job in a manner considered safe by OWNER.
4.12.2. CONSULTANT shall observe all safety rules so that no harm is done to
OWNER's employees or property. OWNER shall have a right to object to any unsafe
practices followed by CONSULTANT. If on account of CONSULTANT, OWNERS's
property or personnel are likely to suffer any damage, in such cases any directions
issued by OWNER’S Safety Officer shall be carried out by CONSULTANT.
4.13. PROGRESS MONITORING AND REPORTING
CONSULTANT shall follow the latest monitoring system for monitoring and reporting
progress on the various activities up to MECHANICAL COMPLETION and
subsequent activities of pre-commissioning and commissioning. The Master
Schedules for monitoring and reporting shall include the activities of CONSULTANT,
VENDORS and CONTRACTORS. CONSULTANT shall monitor progress continuously
and prepare and submit to OWNER monthly progress reports giving the starts of the
activities, indicating those delayed and action being taken, or required to be taken, to
bring back those activities on schedule. These reports will also include progress at
VENDOR's workshops and will be supplemented with photographs, wherever
necessary. The schedule shall be updated once a month. CONSULTANT shall also
furnish information to OWNER as may be required by any Government authority or
any other agency such as financing institution etc.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 SCOPE OF WORK SHEET 46 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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4.14. STATUTORY APPROVAL
CONSULTANT shall provide all assistances to the OWNER for the OWNER to get
the required statutory approvals from Government /local authorities.
4.15. LAWS AND REGULATIONS
CONSULTANT shall abide, while fulfilling its obligations, by all applicable codes, laws
and regulations from time to time in force in the State of Assam and in India.
4.16. WORK OF CONTRACTOR
CONSULTANT remain responsible for proper execution of such parts of WORK as
are carried out by the CONTRACTOR and any failure on their part shall not relieve
CONSULTANT of his obligations under CONTRACT.
4.17. CHANGE ORDERS
CONSULTANT shall devise a system for incorporating change orders for civil and
erection works arising out of change in specification, nature of work and/or increase in
scope of work etc. Change of work is to be carried out after obtaining necessary
written approval from OWNER subject to conditions given in Annexure 14.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 OWNER’S OBLIGATIONS SHEET 47 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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5. OWNER'S OBLIGATIONS
OWNER shall be responsible for fulfilling all obligations as specified
hereunder.
5.1. INFORMATION/DATA
1. OWNER shall make every effort to provide the CONSULTANT with the data on
existing facilities as required for performing his responsibilities stipulated in this bid
documents for the work.
2. Required plot of land is available for proposed 500 TPD Methanol & 200 TPD
Acetic Acid plant with CO separation unit at Namrup adjacent to the existing
petrochemicals complex.
3. APL intends to set up a 500 MTPD (Design capacity) Methanol plant in addition to
its existing 100 MTPD methanol plant. The plant will be based on Natural gas.
Natural gas shall be catalytically reformed to produce synthesis gas, part of which
shall be used as an input to CO separation unit inside 200 TPD acetic acid plant.
4. Electric Power:
Following are conditions of Electric power at the primary terminal of the
disconnecting switch of the main substation of the plant -
Type : A.C., 3 phases, 3 wires
Voltage : 33KV±10%
11 KV ±10%
3.3KV±10%
415KV±10%
Frequency : 50 Hz + 3% to - 6%
Combined Variation : ±10%with frequency
variat ion not
exceeding +3% to -
6%
5. Climatic Conditions
1. Site Elevation : 124m above MSL
2. Atmospheric pressure : 760mmHg
3. Ambient Air Temperature : Maximum 38°C
Minimum 5°C
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 OWNER’S OBLIGATIONS SHEET 48 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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Flow Sheet 30 °C
4. Wet bulb Temperature : 28°C
5. Relative Humidity : Maximum 95% at 37°C
Flow Sheet 70% at 20°C
6. Wind Velocity : Maximum 160 Km/hr
7. Rainfall : 50 mm/hr (max.)
8. Seismic factor : 0.1
5.2. REVIEW AND APPROVAL OF WORK
a) Approval of schemes, VENDORS/ SUB-CONTRACTORS list, purchase orders
and work contracts subject to conditions given at annexure-14
b) Participation in inspection, expediting and testing EQUIPMENT at VENDOR's
works and at SITE, wherever considered necessary by OWNER.
5.3. GOVERNMENT CLEARANCE FOR IMPORTS
OWNER shall obtain the necessary clearance from the Government wherever required
in connection with the PROCUREMENT after the CONSULTANT provides all the
relevant documents required for the purpose.
5.4. STORING OF EQUIPMENT
CONSULTANT shall be responsible for maintenance and management of stores and
warehousing of EQUIPMENT at SITE including all activities connected with the
storage and issue of EQUIPMENT, accounting and final reconciliation after inspection
and acceptance of the materials at SITE.
5.5. OPERATING PERSONNEL
OWNER shall provide experienced operating personal according to its organization,
specifications, and standards during the pre-commissioning and COMMISSIONING
activities, who will work under the direction and control of CONSULTANT / PROCESS
LICENSOR & ENGINEERING CONSULTANT. OWNER shall also provide adequate
number of trained personal for chemical control and other connected activities.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 OWNER’S OBLIGATIONS SHEET 49 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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5.6. STATUTORY REGULATIONS
CONSULTANT shall perform his obligations to assist the OWNER in obtaining all
sanctions, clearances, approvals, permits and licenses required as per statutory
regulations. However CONSULTANT shall ensure that such approvals/ licenses are
expedited and the WORK carried out by CONSULTANT is in conformity with statutory
requirements to the extent applicable.
5.7. SITE FACILITIES
OWNER shall provide free of cost, the following SITE facilities:
a) Organization and personnel for coordination.
b) General safety and security services. However arranging all the safety
appliances shall be the responsibility of the CONSULTANT.
c) Office and residential accommodation, and communication facilities according
to OWNER'S norms.
d) Space and warehouse for storage of EQUIPMENT.
e) Power and water for CONSTRUCTION, and other construction equipment in
possession of OWNER will be on chargeable basis subject to availability.
5.8. TAXES AND DUTIES
Payment of taxes and duties shall be made as stated in Clause 7.
5.9. INSURANCE COVERAGE
Insurance coverage shall be taken as stated under Clause 9.
5.10. PAYMENTS TO CONSULTANT
OWNER shall make payments of fees to CONSULTANT under the terms and
conditions specified in Clause 6, 7, and 8. The payments to CONSULTANT shall be
based on invoices submitted by CONSULTANT and certified by PMC/EIC.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 OWNER’S OBLIGATIONS SHEET 50 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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5.11. PAYMENT TO VENDORS & CONTRACTORS/ SUB- CONTRACTORS
OWNER shall make payment to VENDORS & CONTRACTORS/ SUB-
CONTRACTORS based on their invoices for work done, duly certified by the
CONSULTANT & OWNER as per Clause 8.
5.12. APPROVALS BY FINACING INSTITUTIONS
OWNER shall obtain approvals from financing institution, where required, and
CONSULTANT shall provide necessary information, documentation, and assistance
for obtaining such approvals.
Certification of work done will also be carried out by Process Licensor & Engineering
Consultant, and CONSULTANT shall provide necessary information, documentation,
and assistance for obtaining such certification.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 FEES TO CONSULTANT SHEET 51 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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6. FEES TO CONSULTANT
6.1. GENERAL
CONSULTANT shall receive the fees as specified hereunder for the faithful
performance of WORK as specified in detail in clause 4 leading to
CONSULTANT's demonstration of the performance guarantees and OWNER's
acceptance of the same. Fees provided in this clause cover entire consideration
payable to CONSULTANT for all obligations of CONSULTANT except as otherwise
provided for in CONTRACT. The fee shall remain firm throughout the duration of the
CONTRACT and shall not be subject to any escalation.
Fees are to be quoted separately as per the proforma given in ANNEXURE 5. The
fee payable shall be deemed to include and cover all costs, expenses & liabilities
of every description & all issues of every kind till issue of completion certificate.
6.2. PROCUREMENT SERVICES
Lump sum fee for procurement services for 200 TPD Acetic Acid Plant and CO Plant.
OWNER shall pay fee on percentage of FOB (foreign)/ Ex- works (Indian)
EQUIPMENT value stated in purchase order. Inspection, expediting, coordinating
charge etc. are included in fee payable for PROCUREMENT services. However,
taxes and duties shall not be considered for this purpose.
6.3. CONSTRUCTION SERVICES
CONSULTANT shall be paid for Construction supervision services on the basis of
PERDIEM rate for the number of experts and the time period to be mutually
agreed, for rendering the above services. However, the fees for Construction
supervision shall have a capping – i.e. fees for construction supervision shall not
exceed the fees indicated as “Total estimated Fees for Construction Supervision
Services”.
6.4. PRE-COMMISSIONING AND COMMISSIONING
CONSULTANT shall be paid for PRE-COMMISSIONING and COMMISSIONING on
the basis of PERDIEM rate for the number of experts and the time period to be
mutually agreed, for rendering the above services. However, the fees for
commissioning shall have a capping – i.e., fees for Pre-Commissioning /
Commissioning shall not exceed the fees indicated as “Total estimated Fees for
Pre-Commissioning / Commissioning”.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 FEES TO CONSULTANT SHEET 52 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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6.5. ADJUSTMENT OF FEES FOR CHANGE OF WORK
The fees specified in clauses 8.1.1 to 8.1.3 shall be changed for any change in
scope of WORK mutually agreed between OWNER & CONSULTANT pursuant to
clause 4 for any change in scope of WORK, as defined in clause 5 CONSULTANT
shall prepare a cost estimate as specified in clause 10 which shall also reflect the
effect of the changes of CONSULTANT's obligations under CONTRACT. If
OWNER wishes CONSULTANT to proceed with the change based on the cost
estimate, OWNER will authorize CONSULTANT to do so, and will confirm the
authorization in writing.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 TAXES AND DUTIES SHEET 53 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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7. TAXES AND DUTIES
7.1 The lump sum fees, percentage and PERDIEM rates payable by the OWNER to
CONSULTANT vide Clause 6 are inclusive of all taxes, duties, charges or levies
(except service tax & educational cess) which may be assessed, imposed or levied
upon CONSULTANT by the Government of India Central & State Government of any
other country and/or any agencies of these Governments and all such taxes shall be
borne and paid by CONSULTANT (Applicable service tax & related education cess
will be paid in actual by OWNER / APL). Any tax which may be levied/ payable in the
remuneration/ facilities of the EXPATRIATE personnel deputed by CONSULTANT
shall be borne and paid by the EXPATRIATE personnel themselves or
CONSULTANT.
7.2 Indian income tax or any other tax/ amounts which OWNER is required by law to
deduct, shall be done at source and the same shall be paid to the respective
authorities from the account of CONSULTANT and OWNER shall provide
CONSULTANT with evidence of having made such payments.
7.3 CONSULTANT shall furnish all information required by the Government of India/
Indian income tax authorities for assessment/ or deduction at source of taxes in
respect of payments under the CONTRACT.
7.4 CONSULTANT shall indemnify OWNER against liability for any tax, interest or
penalty levied by the Indian tax authorities on OWNER as an agent
of CONSULTANT or of EXPATRIATES deputed by CONSULTANT to India under
this CONTRACT or in respect of works awarded/ implemented by CONTRACTOR
of the CONSULTANT.
7.5 In the event OWNER is required to represent or assist CONSULTANT and/or
EXPERTS deputed to India by CONSULTANT in defending their cases, if any,
before Tribunals, Courts or any other authority specified under the Indian income-
tax Act or any other Act, CONSULTANT shall bear expenses, whatsoever, incurred
by OWNER in connection with the same.
7.6 Taxes/ duties/ imports/ octroi / stamp duty etc. in respect of CONSTRUCTION
contracting works awarded by CONSULTANT shall be borne by
the CONTRACTOR. Works Contract tax etc. as may be deducted and payable
under law shall be deducted at source by OWNER.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 TAXES AND DUTIES SHEET 54 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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7.7 Introduction of any new taxes and any variation in service tax & educational cess
shall be at OWNER's account.
7.8 Foreign travels shall be undertaken on necessity and relevant to the jobs. Prior
approval from APL and cost if any shall be on owner's account.
7.9 Any increase in service tax shall be on owner account and decrease shall also be
passed on to owner. If due to delay in work of consultant there is increase in
service tax or other taxes and duties. Same shall be on the consultant account.
Decrease in rates shall be passed on to the owner.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PAYMENT TERMS & PROCEDURE SHEET 55 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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8. PAYMENT TERMS & PROCEDURE
Payments shall be made by OWNER within 30 days from submission of invoices.
8.1. GENERAL
The payment by OWNER to CONSULTANT of the fees specification clause 6 shall
become due under the following heads.
8.1.1. Procurement services
8.1.2. Construction / Contracting Services
8.1.3. Pre-Commissioning / Commissioning Services
8.2. PROCUREMENT SERVICES
The fee specified in clause 6.2 for PROCUREMENT services shall be paid in
installments by the OWNER as follows for each Purchase order as % of value of
items (estimated value / Ex-works/ FOB) as against the invoice to be raised by the
CONSULTANT & certified by EIC / PMC. Payment for procurement services shall be
8.2.1 Preparation of PROCUREMENT specifications (Of the estimated value)
20.00%
8.2.2
On release of purchase order to VENDORS (Payment vide 8.2.1 & 8.2.2 together should not exceed 40% of EX works / F.O.B value.)
20.00%
8.2.3 On inspection & issue of dispatch clearance 30.00%
8.2.4 On receipt of material at Site 10.00%
8.2.5 On submission of COMPETION CERTIFICATE 10.00%
8.2.6
On issue of ACCEPTANCE CERTIFICATE
(PROVISIONAL) For Acetic Acid Plant and CO Plant.
And
On submission of performance Bank Guarantee of equivalent amount for one year from the date of acceptance of the plant.
10.00%
8.3. CONSTRUCTION & CONTRACTING SERVICES
Payment to the CONSULTANT for CONSTRUCTION contracting including SITE
management/supervision as payable under clause 6.3 shall be made in the
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PAYMENT TERMS & PROCEDURE SHEET 56 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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following manner by the OWNER against invoices to be raised by the CONSULTANT
and certified by EIC / PMC. Payment against Progressive Payment of the work shall
be done based on quoted perdiem rates.
8.3.1 On release of Work Order 20%
8.3.2 Against progressive payments of the work 60%
8.3.3 Issue of COMPLETION CERTIFICATE 10%
8.3.4
On issue of ACCEPTANCE CERTIFICATE
(PROVISIONAL) For Acetic Acid Plant and CO Plant.
And
On submission of performance Bank Guarantee of
equivalent amount for one year from the date of
acceptance of the plant.
10%
8.4. PRE-COMMISSIONING AND COMMISSIONING SERVICES
Payment to the CONSULTANT for carrying out Pre-commissioning and
COMMISSIONING activities, assistance in / demonstration of performance
guarantees & guarantee test run shall be made by the OWNER as payable under
clause 6.4 on PERDIEM basis as follows against invoices to be raised by the
CONSULTANT and certified by EIC / PMC.
8.4.1 Against monthly bills for deployment as per mutually
Agreed schedule on actual deployment
90%
8.4.2
On issue of ACCEPTANCE CERTIFICATE
(PROVISIONAL) For Acetic Acid Plant and CO Plant.
And
On submission of performance Bank Guarantee of
equivalent amount for one year from the date of
acceptance of the plant.
10%
8.5. SECURITY DEPOSIT
8.5.1. The CONSULTANT shall within fifteen DAYS from the date of receipt of LETTER
OF INTENT from OWNER furnish an irrevocable Bank Guarantee (confirmed by a
nationalized Bank in India in the case of Bank guarantee from abroad) as
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PAYMENT TERMS & PROCEDURE SHEET 57 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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SECURITY DEPOST in the form attached as Annexure 4, for an amount equivalent
to 20% (Twenty percent) of the estimated total fee payable vide ANNEXURE 5 by
OWNER, (to be calculated on notional basis) for due and faithful performance of
CONTRACT by CONSULTANT. The Bank Guarantee shall be kept valid up to the
end of the WARANTEE PERIOD.
8.5.2. If the value of work as per actual execution exceeds the Contract Value as stated in
the Letter of Acceptance, further recoveries towards Security Deposit shall be
effected at 10 (ten) % of the value of each running account bill till the deficiency in
the Security Deposit is made good. Similarly, if the value as per actual execution is
less than the Contact Value, recovery towards Security Deposit, effected in the
running bills, in excess of 10 (ten) % of the value of work as per actual execution
shall be refunded to the CONTRACTOR along with final bill.
8.5.3. OWNER shall be entitled to recover all costs, charges, damages or expenses
which OWNER may have incurred for which under the CONTRACT
CONSULTANT is liable, by appropriating in part or whole, the SECURITY DEPOSIT
provided by CONSULTANT and withholding amounts due to the CONSULTANT.
Should this sum not be sufficient to cover the full amount recoverable,
CONSULTANT shall pay to OWNER on demand, the remaining amount due.
8.5.4. The amount by which the SECURITY DEPOSIT is reduced by such appropriations
shall be made good by further deduction from the CONTRACTOR’S subsequent
bills until the SECURITY DEPOSIT is restored to its earlier limit.
8.5.5. In case of delay in receipt of the above mentioned SECURITY DEPOSIT, the due
date of payment to CONSULTANT mentioned in clauses 8 may, correspondingly, be
delayed.
8.5.6. The BID BOND submitted by the CONSULTANT shall be returned on receipt of the
above SECURITY DEPOSIT bank guarantee and after EFFECTIVE DATE of the
CONTRACT.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INSURANCE SHEET 58 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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9. INSURANCE
9.1. OWNER shall at his own costs take all necessary and adequate insurance cover for
transit risks, storage risk CONSTRUCTION / COMMISSIONING risk , and third party
liability including a cross liability clause to cover transport, storage, erection,
installation, START-UP, sustained load test, guarantee tests and operation of
NAMRUP PLANTS and OWNER'S other EQUIPMENT, materials etc. related to this
WORK. CONSULTANT shall provide necessary technical assistance to OWNER
from home office for processing of insurance claims arising, up to issue of
ACCEPTANCE CERTIFICATE BY OWNER. Afterwards, OWNER shall establish and
maintain appropriate fire and allied risk insurance cover.
9.2. CONSULTANT will also be shown as co-insured (excluding any right to recourse
from the Insurance Company) together with OWNER's employees engaged in project
work covering liability for any and all risks, other than workmen compensation and
employers liability insurance, arising out of or in connection with the services to be
provided by CONSULTANT for the project including third party liability.
CONSULTANT shall maintain and obtain full workmen compensation and employer's
liability insurance covering all persons employed by them and insurance against
injuries or death during the course of their employment. CONSULTANT shall suitably
cover these risks under suitable policy. CONSULTANT shall make their own
arrangements for taking adequate insurance for equipment and materials brought to
site by them for CONSTRUCTION needs.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 CHANGES IN SCOPE OF WORK SHEET 59 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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10. CHANGES IN SCOPE OF WORK
10.1. OWNER may request for changes within the general scope of the CONTRACT by giving notice to CONSULTANT and subsequently confirming it in writing. CONSULTANT shall Endeavour to accommodate such changes within the project cost and time schedule by considering various options for quantity adjustments, deletion or change in nature of related works and other possible technical changes in consultation with OWNER. If the suggested changes cannot be accommodated as above, and result in alteration of cost, time schedule for WORK , performance of PLANT or any of the other obligations of CONSULTANT, CONSULTANT shall within ten(10) days of receipt of such notice from OWNER, advise OWNER of related changes in the terms of the Contract. OWNER may agree upon equitable adjustment in the terms so affected by the change.
10.2. No change in scope of WORK by CONSULTANT shall be recognized unless it has the prior approval of OWNER in writing.
10.3. Requests by OWNER for making good omissions or setting right errors in the WORK carried out by CONSULTANT or consequent to requirement of statutory regulations will not be treated as request for change in scope and such modifications are deemed included within the scope of CONSULTANT's obligations under the contract.
10.4. OWNER and CONSULTANT shall agree upon the basis and terms of the change in WORK in writing.
10.5. The CONSULTANT may request for extension of time for the completion of works agreed upon.
10.5.1. Any improvement/variation interferes in works / quality/quantity in such a manner that affects the progress of WORK and it cannot be accomplished in the period agreed upon.
10.5.2. The delay in completion of WORK is due to causes or procedures of the OWNER beyond control of the CONSULTANT.
10.5.3. For the application of above provisions, the CONSULTANT shall make a request to the OWNER within 30 days from the date of occurrence of the cause in view of which the CONSULANT requests extension stating the full and exact details of any request for extension of time. Such requests may be investigated and granted in full or in part or otherwise by the OWNER.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 MECHANICAL COMPLETION SHEET 60 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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11. MECHANICAL COMPLETION
MECHANICAL COMPLETION in respect of the EQUIPMENTS under the scope
of the CONTRACT shall include completion of all required activities of mechanical
erection and pre-commissioning including but not limited to the following activities:
11.1. MECHANICAL ERECTION
11.1.1. EQUIPMENTS are installed in accordance with the drawing specifications and
erection Contracts, including any approved changes therein and in accordance with
all applicable codes laws.
11.1.2. All coded pressure equipment is hydrostatically or pneumatically tested once either
in the supplier’s shop or in the field in accordance with applicable codes or
purchase specification.
11.1.3. Fired heaters and boilers are hydrostatically or pneumatically tested. All non-
operating pre-firing checks are made in accordance with manufacturer's instructions.
Operation of registers and dampers is checked and position of indicators verified.
11.1.4. Compressor, pumps, machinery and all drives are cold aligned .Couplings are
assembled and guards installed.
11.1.5. Instruments are installed inspected and such non operating checks are made as to
assure operability in the manner required for the process application. Instrument
air lines are checked for correct hook-up. Air lines are leak-tested.
11.1.6. Relief valves are installed .Prior to this; they will have been checked by the
supplier in the supplier's shop and rechecked at SITE.
11.1.7. Piping is hydrostatically or pneumatically tested in accordance with the
specifications. Special treatment, such as chemical cleaning is done as required
by the drawing or specifications. Suction screens are installed. Test blinds are
checked for removal of all shipping and erection stoops and for correctness of cold
settings.
11.1.8. The electrical system is installed, integrated with the electrical system of PROJECT
and existing PLANTS and tested in accordance with and to the extent required by the
electrical specifications. All wiring is checked for correct hook-up. Motor rotation is
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 MECHANICAL COMPLETION SHEET 61 OF 150
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checked. All power system protective devices are set.
11.1.9. Insulation and winterizing are completed.
11.1.10. Painting is completed.
11.1.11. All inert packing and bed support materials such as Raschig rings and alumina balls
are installed.
11.1.12. Temporary construction facilities are removed. All dismantled materials are removed
from site.
11.2. PRE-COMMISSIONING:
Following list of typical jobs are required to be completed after MECHANICAL
ERECTION for pre-commissioning.
11.2.1. Flushing, greasing, packing and lubrication of all pumps compressors, other
machinery and their drives.
11.2.2. All machinery and drives are run -in, hot -checked for alignment and doweled.
Necessary adjustments are made as result of running-in, including resetting turbine
over speed trips.
11.2.3. Control valves are installed. Instruments, analyzers, controls, interlocks, alarms and
related items are commissioned, including operating checks, pro vision and installment
of seal fluids as required, checking and adjusting settings, standardizing and
calibration and proof tests.
11.2.4. Electrical relays and trips are commissioned and tested.
11.2.5. Valves are lubricated, packed or replaced, adjusted or otherwise serviced.
11.2.6. Temporary strainers are removed, cleaned and reinstalled.
11.2.7. Slip blinds required in preliminary circulation and star -up lines are installed /removed.
11.2.8. Equipment and lines are flushed, purged, blown and dried as required for cleanliness,
safety and process considerations. All flanges are boxed up with proper gaskets.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 MECHANICAL COMPLETION SHEET 62 OF 150
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11.2.9. Fires are lit, burners and dampers adjusted, refractories cured or dried, boiler and
waste heat steam system boiled out and lines warned or chilled.
11.2.10. Final adjustments are made to pipe and furnace tube supports and hangers.
11.2.11. All fire protection and safety facilities are commissioned and put into operation and
all safety provisions initiated, including practices, procedures permits and other
precautionary measures needed to ensure the safety of personnel and property.
11.2.12. As soon as Mechanical completion has been achieved, CONSULTANT shall present
Equipment for inspection and on being satisfied about its completion, OWNER shall
issue a certificate to CONSULTANT within 7 days indicating the date of Mechanical
completion.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 GUARANTEE FOR TIME SCHEDULE AND
LIABILITIES SHEET 63 OF 150
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12. GUARANTEE FOR TIME SCHEDULE AND LIABILITIES
CONSULTANT to guarantee that WORK will be executed with all diligence and
care and in the most expeditious manner. It is understood that time is the
essence of the CONTRACT and CONSULTANT shall initiate all actions well in
time in order to ensure that each activity falling within the Scope of
CONSULTANT is completed as per agreed time schedule.
In case of any delay in the performance of WORK including supply of documents and
information by CONSULTANT, in whole or in part beyond the scheduled date of
completion/delivery, due to reasons solely attributable to the CONSULTANT other
than force majeure, CONSULTANT shall pay OWNER a sum calculated at half per
cent (0.5%) of the total fee payable for all services vide clause 6. hereof for each
week of such delay subject to a maximum of twenty percent (20%) of the said total
fee.
The Project Completion Schedule in Annexure - 24 along with Detailed Project
schedule submitted by CONSULTANT after award of job shall form the base for
guarantee for time schedule and liabilities.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 GUARANTEES FOR EQUIPMENT AND
LIABILITIES SHEET 64 OF 150
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13. GUARANTEES FOR EQUIPMENT AND LIABILITIES
With respect to EQUIPMENT items for which PROCUREMENT services are
provided by CONSULTANT, CONSULTANT shall obtain, for the benefit of
OWNER, from the respective VENDORS, appropriate WARRANTEES/
GUARANTEES in favour OWNER as may be agreed to and specified in the
CONTRACT; and CONSULTANT shall use its reasonable efforts, short of
litigation, to enforce such guarantees by VENDORS and shall fully cooperate with
and assist OWNER in the enforcement of such guarantees. CONSULTANT shall
ensure that proper WARRANTEES/GUARANTEES for EQUIPMENT/ systems are
obtained for OWNER.
CONSULTANT shall not enter into any litigation with any VENDOR/CONTRACTOR.
However, in case of litigation with VENDOR / CONTRACTOR, CONSULTANT shall
provide all necessary assistance to OWNER. CONSULTANT shall also remain
responsible for the supervision and inspection of work carried out by the VENDOR /
CONTRACTOR. CONSULTANT shall be responsible for any failure caused due to his
negligence.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 ACCEPTANCE OF FACILITIES SHEET 65 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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14. ACCEPTANCE OF FACILITIES
As soon as the performance & guarantees vide clause 4.11.2 & 4.11.3 hereof
are successfully completed to the full satisfaction of OWNER, OWNER shall issue
an ACCEPTANCE CERTIFICATE (PROVISIONAL).
However, guarantees given by CONSULTANT vide clauses 12 and 13 hereof
will continue to be in force and OWNER shall issue an ACCEPTANCE
CERTIFICATE only after satisfactory fulfillment of these obligations also by
CONSULTANT.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 LIMITATIONS TO LIABILITIES SHEET 66 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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15. LIMITATIONS TO LIABILITIES
Without prejudice to provisions vide clause 12 and 13, CONSULTANT'S liability
for payment of liquidated damages hereof shall be limited to an aggregate
maximum of Twenty percent (20%) of the total fee payable amount by OWNER
under the CONTRACT.
CONSULTANT shall do detail examination of the limitations & give remedial
measure for eliminating the deficiency free of cost. CONSULTANT's liability for
modification of FACILITIES vide clause 12, 13 & 14 hereof and for infringement of
any patents are unlimited and are not included in the ceiling mentioned above.
CONSULTANT shall at all times indemnify and hold harmless APL from all
liabilities, costs, damages and expenses arising out of any claims, actions or
suits brought against APL by third parties or any related claims thereof in respect
of any actual or alleged infringement of, patent rights or registered design or
copyright or trade secret or trademark or other intellectual property right or any
similar rights resulting from the use of technology or technical information or any
improvements thereof, provided by CONSULTANT to APL. Upon APL's prompt
notification to CONSULTANT in writing of any such claims, actions or suits, upon
such notice or upon CONSULTANT otherwise coming to know of such claims,
actions or suits, CONSULTANT shall, at its own expense, conduct, defend or
dispose of, including settling of such claims, actions or suits on its own behalf
and on behalf of APL and are obliged to follow all instructions from APL in this
respect.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 SUB-CONTRACTING SHEET 67 OF 150
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16. SUB- CONTRACTING
Sub- contracting work by the CONSULTANT can be resorted to only after specific
written approval of OWNER who shall give approval for sub-letting /off-loading only
after examining the specific work for which sub-letting /off-loading is envisaged by
the CONSULTANT. Wherever possible, CONSULTANT shall explicitly state who and
what items would be given to the SUB-CONSULTANT. Even so, prime responsibility
would be that of the CONSULTANT.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PROVISIONS OF SEC. 184 / 188 OF COMPANIES
ACT 2013 SHEET 68 OF 150
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17. PROVISIONS OF SEC. 184 / 188 OF COMPANIES ACT 2013
The BIDDERS are required to certify as per Annexure 6 whether they are related to
any of the Directors of OWNER (in terms of Sec. 184/188 of the Companies Act 2013)
in any of the ways mentioned in the certificate. It is clarified that any such affirmative
certificate shall not by itself prejudice consideration of the BID.
This certificate duly completed signed and stamped on official letter head of the
BIDDER is required to be submitted with Un-priced BID keeping value of the
CONTRACT as blank. However, another copy of the same certificate in original is to
be enclosed after filling the value of the offered lumpsum price duly completed, signed
and stamped with the priced part of the BID.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PATENTS SHEET 69 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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18. PATENTS
CONSULTANT shall, at all times, indemnify and keep OWNER indemnified against any
claims, which may be made with respect to the infringement of any rights protected
by patent and shall make good all damages and losses including loss of profits, if any,
suffered by the OWNER in consequence thereof.
In the event of any claim in respect of alleged breach of patent rights etc. being made
against the OWNER by any third- party, the same shall be notified to the
CONSULTANT who shall at their own expense, take all action necessary for
PROCUREMENT for OWNER the right to continue with the use of the disputed items /
work, and meet costs thereof.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CONFIDENTIALITY OF INFORMATON SHEET 70 OF 150
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19. CONFIDENTIALITY OF INFORMATION
19.1. DEFINITION
Confidential information shall mean all information relating directly or indirectly to the
WORK and not available in public domain and which is disclosed to
CONSULTANT in writing by or on behalf of OWNER and to OWNER by or on behalf
of CONSULTANT.
19.2. DISCLOSURE TO THIRD PARTIES
CONSULTANT and OWNER shall not disclose confidential information to any third
party without prior written approval of the other PARTY.
19.3. USE OF CONFIDENTIAL INFORMATION
Either PARTY to this CONTRACT shall use the confidential information only for the
WORK to be performed for implementing this CONTRACT. Either PARTY will limit
disclosure of confidential information within its organization to only those of its
employees who need to make use of it for the aforesaid purposes.
19.4. TERMINATION PERIOD
The obligations contained in paras above shall terminate after Twenty (20) years
from the EFFECTIVE DATE of this CONTRACT.
19.5. All the drawings, technology documents shared by the PROCESS LICENSORS &
ENGINEERING CONSULTANT or that may come to CONSULTANT in course of
performance of duty shall be the property of APL. The CONSULTANT shall not
share the same with any other party even after completion of the job at APL. If the
same is shared it shall pay to APL for damages incurred equivalent to the total fees
paid to PROCESS LICENSOR & ENGINEERING CONSULTANT. Further all the
payments may be forfeited.
19.6. All manner of documentation (both hardcopies and softcopies) prepared by the
CONSULTANT pursuant to the contract for providing EPCM Services for APL’s acetic
acid plant shall be deemed to be APL’s intellectual property, and can be copied or
disclosed to any third party only upon obtaining specific written approval from APL.
Therefore all manner of project documentation prepared by the CONSULTANT shall
carry a disclosure to this effect.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
ARBITRATION SHEET 71 OF 150
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20. ARBITRATION
20.1. APPLICATION TO GENERAL
20.1.1. Unless otherwise specified, in all cases of dispute which cannot be settled by
mutual negotiation the matter shall be referred for arbitration and the disputes of
differences shall be finally settled and binding on both PARTIES by arbitration to be
held by two arbitrators appointed one by OWNER and one by CONSULTANT
chosen freely and without any limitations, out of any sources, including international
sources.
20.1.2. Arbitration will follow the Arbitration & Conciliation Act 1996 or the rules of the Indian
Council of Arbitration, as may be agreed by the two PARTIES.
20.1.3. Before entering upon the arbitration, the two arbitrators shall appoint an umpire.
20.1.4. In case the two arbitrators of the PARTIES are not able to agree and decide on the
issue(s) on the disputed matter under their arbitration, the final settlement of such
issue(s) of the disputed matter shall be referred to the binding decision of the umpire
nominated as provided under clause 20.2.
20.2. ADDITIONAL CLAUSES TO 20.1
20.2.1. The arbitrator shall give reasoned award. The award aforesaid shall be final and
binding on the PARTIES to the CONTRACT.
20.2.2. The PARTY invoking arbitration shall specify the dispute or disputes to be referred
to be arbitration.
20.2.3. Both PARTIES shall continue to fulfill their respective obligation under
CONTRACT during the arbitration proceedings.
20.2.4. The venue of arbitration shall be Guwahati, Assam.
20.2.5. It is also a term of the CONTRACT that if the CONSULTANT does not make any
demand for arbitration in respect of any claims in writing within 90 days of
receiving the intimation from the OWNER that the bill is ready for payment, the
claim of the CONSULTANT will be deemed to have been waived and absolutely
barred and OWNER shall be discharged and released of all liabilities under the
CONTRACT in respect of these claims. However the CONSULTANT may accept the
payment of bills from the OWNER without affecting their rights to raise the dispute of
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
ARBITRATION SHEET 72 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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claims.
20.2.6. Subject as aforesaid, the provision of Indian Arbitration & Conciliation act, 1996 and
any statutory modification or re-enactments thereof and unless made their under
and for the time being, in force shall apply to the arbitration proceedings under this
clause.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORCE MAJEURE SHEET 73 OF 150
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21. FORCE MAJEURE
21.1. Neither CONSULTANT/SUB-CONSULTANT, nor OWNER shall be considered to be
in default of the performance of their contracted obligations under the
CONTRACT, so long as such performance is prevented or delayed by force
majeure. Force majeure shall be understood to be any cause beyond the
reasonable control of the PARTY affected such as Acts of god, severe
earthquake, typhoon, cyclone (except monsoon), floods, lightning, landslide, fire,
explosion, plague, epidemic strike, lockout, sabotage, hostilities( whether war be
declared or not) ,civil war, rebellion, revolution, insurrection, military or usurped
power or confiscation, trade embargoes, restraining order control, destruction, or
requisition by order of any Government or any public authority.
21.2. The PARTY claiming the benefit of this clause shall forthwith and within 28(twenty
eight) DAYS give notice to the other PARTY specifying the event constituting force
majeure and explaining to what extent contractual obligations will thereby be
prevented or delayed and the further period for which it is estimated that such
prevention or delay will continue. CONSULTANT and OWNER shall as soon as
possible in consultation determine the length of delay likely to be caused by such
event, and on the basis of available evidence agree in writing on a fair and
reasonable extension of time for the completion of WORK, if possible, and any
other consequences of Force Majeure. The PARTY claiming force majeure shall
notify the other PARTY of the date when the event giving rise to force majeure has
ceased to exist.
21.3. OWNER and CONSULTANT shall be diligent and use their individual and
combined efforts in attempting to prevent, overcome, or avoid the causes of force
majeure. The PARTIES upon receipt of notice of force majeure shall confer
promptly with each other and mutually agree upon a course of action to remove or
alleviate such cases.
21.4. If, in spite of the action taken under clause 21.3, the state of force majeure
Continues for a period of three (3) months, then the PARTIES shall be entitled to
terminate the contract and CONSULTANT shall be entitled to be paid for all works
carried out on or prior to the effective date of force majeure by the OWNER and shall
consult each other to decide as to what action should be taken in the circumstances.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SUSPENSION OF WORK SHEET 74 OF 150
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22. SUSPENSION OF WORK
22.1. OWNER may direct CONSULTANT in writing to suspend all or any part of
WORK for such period of time as may be determined by OWNER to be necessary
or desirable for the convenience of OWNER. On receipt of such notice,
CONSULTANT shall take immediate action to wind up the WORK in such a
manner that it will cause least damage to OWNER
22.2. If such suspension delays the progress of WORK and causes additional expense or
cost to CONSULTANT, the increased costs due to such suspension shall be
compensated by the OWNER as may be mutually agreed upon by the OWNER and
CONSULTANT in writing.
22.3. OWNER shall advice CONSULTANT of the period such suspension is likely to
cover. CONSULTANT shall remobilize his personnel and resume WORK as
expeditiously as possible on receipt of instruction from OWNER to resume the
WORK.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
TERMINATION OF CONTRACT SHEET 75 OF 150
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23. TERMINATION OF CONTRACT
23.1. Prior to OWNER invoking any of its rights under clause 23.2 and / or 23.3, or
Prior to CONSULTANT invoking any of its rights, the PARTIES shall meet and
discuss any outstanding of the other PARTY'S position. All efforts shall be made
by the PARTIES to reach an equitable and amicable solution to such issue or
dispute.
23.2. OWNER may by written notice to CONSULTANT, terminate CONTRACT whenever
OWNER deems such termination to be in its best interests of both parties. Upon
such termination the provisions of clauses 23.4, 23.7 shall be applicable.
23.3. If CONSULTANT shall neglect to execute WORK with due diligence or expedition,
or shall refuse or neglect to comply with any reasonable order given to it in writing
by OWNER in connection with WORK, or shall contravene any of the provisions of
the CONTRACT, OWNER may give notice in writing to CONSULTANT calling
upon it to make good the failure, neglect or contravention complained of, within a
period of 30 (thirty) DAYS. In CONSULTANT'S default of compliance with any
such notice, OWNER may without prejudice to its rights rescind or terminate
CONTRACT.
23.4. Upon notice of termination by OWNER pursuant to clause 23.2 and /or 23.3
OWNER may require CONSULTANT to:
a) Terminate all work
b) Release no further purchase order.
c) Deliver to OWNER (subject to Clause 19) Plans, specifications, and drawings
produced, prepared, or acquired for WORK.
23.5. On termination of Contract by OWNER under clause 23.3 OWNER may carry
out all remaining WORK either by itself or through its agents or may re-contract
to any person or company to execute the same and provide materials, tools, tackles,
or labour for the purpose of completing WORK. OWNER has the right to make
use of the amount withheld towards the cost of such WORK by giving notice in
writing of its intention of doing so to CONSULTANT.
23.6. Payment of compensation for the works performed till the date of termination will be
decided at the time of termination.
23.7. In case of termination under clause 23.2, OWNER shall elect to carry out by itself
or by any other person WORK necessary to complete WORK by using
CONSULTANT's procurement & construction services.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
TERMINATION OF CONTRACT SHEET 76 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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23.8. If CONSULTANT commences to wind up (not being Members of Voluntary
Winding-up for the purpose of amalgamation or reorganization) or carry on his
business under a Receiver for the benefit of its creditors or any of them, OWNER
shall have liberty to:
26.7.1. Terminate the CONTRACT forthwith by notice in writing to CONSULTANT or
to the Receiver or Liquidator or to any person in whom CONTRACT may have
become vested, or
26.7.2. Give such Receiver, Liquidator or other person, the option of carrying out
CONTRACT subject to his providing a guarantee for the due and faithful
Performance of CONTRACT up to an amount to be agreed.
23.9. Similarly CONSULTANT is also authorized to terminate the contract for breach of
any contract including for delayed payments etc. by giving 30 days prior notice to
OWNER. The OWNER shall pay all dues to the CONSULTANT till the effective
date of termination subject to failure if any.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
MISCELLANEOUS PROVISIONS SHEET 77 OF 150
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24. MISCELLANEOUS PROVISIONS
24.1. CONSULTANT shall be responsible for meeting the requirements of Factories ACT,
Workmen Compensation Act, and other relevant requirements relating to employment
of labour directly employed by him in APL, Namrup during the course of their
employment under CONTRACT.
24.2. OWNER shall have the right to nominate a back-up CONSULTANT to monitor and
advice OWNER with respect to WORK.
24.3. CONSULTANT and OWNER understand that financing institution, if any, may
reserve certain approval rights, including but not limited to, the right to approve the
terms of CONTRACT and any and all plants, reports, specifications, contracts, bid
documents, drawings, other documents, related to CONTRACT. CONSULTANT and
OWNER further understand and agree that financing institution in reserving any or all
of the foregoing approval rights shall be treated as a lender in the course of financing
and not as a PARTY to CONTRACT. CONSULTANT and OWNER understand and
agree that financing institutions, if any , may from time to time exercise the foregoing
approval rights or discuss matters related to these RIGHTS with the PARTIES jointly
or severally, without thereby incurring any responsibility of liability to the PARTIES
jointly or severally. Any approval or failure to approve by financing institution, of
plan, report, specification, contract, bid document, drawing or other documents shall
not relive CONSULTANT of any liability which CONSULTANT might otherwise
have to OWNER. OWNER shall use its best efforts to obtain necessary
approval from financing institution, if any, and CONSULTANT shall assist OWNER
in obtaining such approvals.
24.4. OWNER shall have the right to object to any of CONSULTANT's personnel deputed
in connection with WORK, who are undesirable from point of view of misconduct,
breach of law and regulation, and are found to be negligent / incompetent in WORK.
Upon receipt written notice of OWNER giving reason to remove such personnel,
CONSULTANT shall take immediate steps to replace such personnel at no cost to
OWNER.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
DURATION OF CONTRACT SHEET 78 OF150
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25. DURATION OF CONTRACT
Unless terminated under clause 23 hereof, this CONTRACT shall remain in force for a
period of 20 years from the EFFECTIVE DATE OF CONTRACT or for 10 years from
the date of issue of ACCEPTANCE CERTIFICATE by OWNER vide clause 14
hereof whichever expires later.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
NOTICE AND ADDRESS SHEET 79 OF 150
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26. NOTICE AND ADDRESS
All notices and instructions given by either PARTY to the other under this
CONTRACT shall be in writing. Such notice or instruction shall be deemed to have
been properly served to OWNER, if delivered in person, or by fax, telex or mail
postage prepaid to:
Such notice instruction shall be deemed to have been properly served
to CONSULTANT if delivered in person or by fax or telex or mail postage prepaid to
(Address to be given by CONSULTANT)
The date of serving of notice or instruction shall be the date on which the said notice
or instruction is received by the PARTY. Any PARTY may change its notice address
at any time by so advising the other PARTY in writing.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
GOVERNING LAWS AND LANGUAGE & UNITS SHEET 80 OF 150
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27. GOVERNING LAWS AND LANGUAGE & UNITS
27.1 CONTRACT shall be governed and constructed in accordance with laws in India.
27.2 The Courts at Guwahati, Assam only shall have the jurisdiction for the purpose of
actions and proceedings arising out of the CONTRACT.
27.3 English shall be the language for communication between CONSULTANT and
OWNER or any other PARTIES involved in implementation of CONTRACT. The
official and controlling text of CONTRACT shall be in English language, and all
notices, communications, statements, data including technical data and other written
materials to be given by OWNER to CONSULTANT or vice versa shall be made also
in English language.
27.4 Metric system of measurements shall be used in the CONTRACT unless otherwise
specified.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
BID EVALUATION NORMS SHEET 81 OF 150
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28. BID EVALUATION NORMS
The evaluation of the bids shall be carried out as per the following criteria.
28.1. QUALITY
28.1.1. Financial Capability of bidder.
28.1.2. CONSULTANT'S relevant experience for the assignment.
28.1.3. CONSULTANT'S existing organizational structure.
28.1.4. CONSULTANT'S proposed Organogram for the assignment covering procurement,
inspection and expediting, construction and erection, Pre-commissioning /
commissioning services
28.1.5. Qualification and experience of key personnel who will be assigned for the job. (As
given in Annexure 10). In case the personnel mentioned in Annexure 10 cannot be
assigned for this job, persons with same length of experience in similar job shall be
assigned.
28.1.6. Implementation plan for the assigned job.
28.1.7. Reputation of the CONSULTANT and as a stable organization.
31.1.10. Completeness of services offered and deviations taken.
28.1.8. Time schedule for procurement, inspection and expediting, construction and erection,
Pre-commissioning / commissioning services
31.1.11. Maximum commercial obligation including penalty, Liquidity damage.
28.2. COST
28.2.1. Total fees for the assignment as defined in ITB including all reimbursable costs.
28.2.2. Payment terms.
28.2.3. Loading to cost on deviations etc.
28.3. Contract will be awarded to Sole Bidder covering overall scope of the tender
document
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
BID EVALUATION NORMS SHEET 82 OF 150
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28.4. CRITERIA FOR BID EVALUATION
For the evaluation of priced bids, total evaluated price shall be calculated as following:
Total evaluated price shall be sum of following four components, namely components
(a) + (b) + (c) + (d) as described below:
a) Total quoted fees in price bid.
Total fees shall be sum of
i) Total estimated fees for procurement services (with Capping).
ii) Total estimated fees for construction services (with Capping).
iii) Total estimated fees for Pre-commissioning / commissioning services (with
Capping).
c) Loading due to difference of payment term of bidder & the same mentioned in ITB.
d) Loading due to difference in Commercial Terms & Conditions (viz. Security
Deposit, Bank Guarantees etc.), if any.
d) Loading due to difference in acceptability of liabilities, if any.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
ANNEXURES SHEET 83 OF 150
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ANNEXURES
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SCOPE MATRIX SHEET 84 OF 150
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Annexure-1 (1/5)
A – APPROVAL; AS – ASSISTANCE; I – INFORMATION; F – FOR APPLICATION; P – PARTICIPATION; R – REVIEW; S – IN SCOPE
Sr. No.
Deliverable / activity Description
CO
NS
UL
TA
NT
PR
OC
ES
S
LIC
EN
SO
R &
EN
GG
.
CO
NS
UL
TA
NT
TC
E
AP
L
Remarks
1.0 General
1.1 Statutory Approval AS - I S
2.0 Project Management
2.1 Execution Plan & Coordination procedures
S R R A
2.2
Project master schedule, Monitoring & control of VENDOR / CONTRACTOR up to Level 5 Schedules including Supply, construction and commissioning
S R R A
3.0 Document Management
3.1 Establish document management System requirement
S R R A
3.2 Document Distribution Matrix S R R A
3.3 DMS reports - Document Index
S R R A
3.4 Management of Supplier / CONTRACTOR document releases
S R R A
4.0 Procurement (non-proprietary items) & Construction contracts (Proprietary & non-proprietary items)
4.1 Overall Procurement Strategy. S R R A
4.2 Preparation of Project Supplier / CONTRACTOR List
S I R A
4.3 Preparation of ITB, GCC, SCC and commercial specifications (Vol. I) of Tender document
S I R A
4.4 Technical Procurement & works Specifications (Vol. II)
F/ R S R A
4.5 Preparation of ITB, GCC, SCC S I R A
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SCOPE MATRIX SHEET 85 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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A – APPROVAL; AS – ASSISTANCE; I – INFORMATION; F – FOR APPLICATION; P – PARTICIPATION; R – REVIEW; S – IN SCOPE
Sr. No.
Deliverable / activity Description
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and commercial specifications (Vol. I) of Tender document
4.6 Preparation, collation (vol. I & Vol. II), Issue of Tenders to Pre-Qualified Bidders
S I R A
4.7 Price Estimates of items / works for reasonability
S - R A
4.8 Un-priced / priced bid opening S I I P
4.9 Response to Technical Queries / Clarifications
F/R S R A
4.10 Response to Commercial Queries / Clarifications
S I R A
4.11 Collating Techo-commerical queries / clarification and sending it to Bidders.
S I R A
4.12 Technical Recommendation F/R S R A
4.13 Un-priced Recommendation covering collated technical & commercial Recommendation
S I R A
4.14
Priced Purchase Recommendation / Recommendation for award of Job
S - R A
4.15 Price Negotiation with supplier / CONTRACTORs
AS - I S
4.16 LOI / PO / Work Order / Contract documents
S I R A
4.17 Signing of LOI / PO / Work Order / Contract documents
F I I S
4.18 VENDOR drawings review F / R S I I
4.19 As-built documents F / R S I I
5.0 Procurement (proprietary items)
5.1 Procurement of Material on I S R A
Annexure- 1 (2/5)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SCOPE MATRIX SHEET 86 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
A – APPROVAL; AS – ASSISTANCE; I – INFORMATION; F – FOR APPLICATION; P – PARTICIPATION; R – REVIEW; S – IN SCOPE
Sr. No.
Deliverable / activity Description
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CIF Kolkata Port Basis
5.2
All responsibilities and activities beyond items received on CIF Kolkata Port Basis including but not limited to port clearance, handling and transportation to SITE
S I R A
5.0 Inspection Coordination and Expediting (non-proprietary items)
5.1 VENDOR Data Mgmt - Expediting submission of supplier drawings.
S F I I
5.2 Expediting delivery of equipment and material.
S I I I
5.3
Co-ordinate with VENDORs / TPIA / OWNER etc and expedite manufacturing / delivery of material and equipment from VENDOR's works / shop.
S I I I
5.4 Monitor delays and highlight to client, where applicable.
S I I I
5.5 Stage Inspection / Quality Surveillance
S I / P I / P I / P
5.6
Preparation and implementation of Project Overall Quality management plan.
S I R A
5.7 proposed QA/QC plan & procedures to VENDORs
S R I / R A
5.8 Tender for Appointing Third Party Inspection Agency (TPIA) , If any
S I R A
Annexure- 1 (3/5)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SCOPE MATRIX SHEET 87 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
A – APPROVAL; AS – ASSISTANCE; I – INFORMATION; F – FOR APPLICATION; P – PARTICIPATION; R – REVIEW; S – IN SCOPE
Sr. No.
Deliverable / activity Description
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5.9 Manage and coordinate with TPIAs for stage inspection & quality surveillance.
S I I I
5.10
Review Test certificates / Test reports to ensure materials and equipment are manufactured in accordance with the requirements of Purchase Orders
S R R A
5.11 Inspection and Expediting (Desk & field)
S R R A
6.0 Construction Management - Home Office & SITE including proprietary and non-proprietary equipment
6.1 Overall Construction Execution Strategy
S R R A .
6.2 Construction Contract management
S AS R A
6.3 Prequalification of sub-CONTRACTORs/Construction Third Party Inspectors
S I R
A
6.4 Site Quality Assurance as per established QA Plan (Site)
S R R A
6.5
Review of Sub-CONTRACTOR's Construction Execution Plan (Site)
S R R A
6.6 Review of construction / erection of Works at site
S R R A
7.0 Warehouse & Material Management including proprietary and non-proprietary equipment
7.1 Material Management S I R A
Annexure- 1 (4/5)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SCOPE MATRIX SHEET 88 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
A – APPROVAL; AS – ASSISTANCE; I – INFORMATION; F – FOR APPLICATION; P – PARTICIPATION; R – REVIEW; S – IN SCOPE
Sr. No.
Deliverable / activity Description
CO
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Philosophy
8.0 Pre- Commissioning & Commissioning including proprietary and non-proprietary equipment
8.1
Prepare start-up, Commissioning schedule and start-up sequence of plants/ units/ systems
AS S R A
8.2
Certify Mechanical completion of plant / system to enable Pre-commissioning / commissioning
AS S R A
8.3 Pre-Commissioning / Commissioning
AS S R A
8.4 Performance Test & Guarantee Test Run
AS S R A
Annexure- 1 (5/5)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
APPLICABLE CODES & REGULATIONS SHEET 89 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-2 (1/2)
APPLICABLE CODES & REGULATIONS
A list of some important applicable Indian Laws , rules, regulations and codes with the latest
revision if any (with amendments as may be applicable from time to time) which is not
exhaustive , is given below:
1) Indian Factories Act.
2) Static and Mobile Pressure Vessel Rules -1981
3) Indian Explosives Act.
4) The Petroleum Rules-1976
5) Indian Electricity Act.
6) The Indian Electricity Rules
7) Indian Boiler Regulations
8) Regulations laid down by the Explosives Directorate & Electrical Inspectorate.
9) Fire Protection Manual (or Fire Sectional Committee Insurance Association of
India).
10) Insurance Association of India-Regulations for Electrical Equipment of Buildings.
11) NFPA Code of Practice.
12) Civil Aviation Rules for maximum height of flare Stack & Chimney.
13) The Workmen's Compensation Act.
14) Contract Labour (Regulation & Abolition) Act.
15) Indian Standard Specifications:
a) IS: 875 - Code of Practice for Structural Safety of buildings loading Standards
with latest revision if any.
b) IS: 1893 - Criteria for Earth-quake Resistant Design of structures.
16) The Mines Act. 1952
17) A.S.M.E. Codes
18) ALEE Codes
19) A.S.T.M Codes
20) A.N.S.I Codes
21) A.P.I. Codes
22) T.E.M.A. Standards
23) Water (Prevention and Control of Pollution Act(latest revision)
24) Water (Prevention and Control of Pollution Amendment) (Latest revision)
25) Water (Prevention and Control of Pollution Cess Act. (latest revision)
26) Water (Prevention and Control of Pollution Cess Rules (latest revision)
27) Air (Prevention and Control of Pollution) Act (latest revision)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
APPLICABLE CODES & REGULATIONS SHEET 90 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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Annexure-2 (1/2)
28) Tolerance limits for Industrial Effluents discharged into inland surface waters
Indian Standard- 2490
29) Environmental Protection Act
30) Minimum National Standards for Atmospheric Pollution Control
31) Oil Industry Safety Directorate (OISD)
32) The Petroleum act
33) Hazardous Area classification for electrical installations : IS-5572
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR BID SUBMISSION LETTER SHEET 91 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure -3
PROFORMA FOR BID SUBMISSION LETTER
To
MANAGING DIRECTOR
The Managing Director
Assam Petrochemicals Limited,
4th Floor, Orion Place, G.S. Road Bhangagorh,
Guwahati-781005 Assam, INDIA
Sub: Enquiry No-……………………………………for Procurement and construction
management services for 200 TPD Acetic Acid plant with CO separation unit (Ref: PRESS
ADVERTISEMENT NO…….)
Dear Sirs,
With reference to the above invitation by APL I/we have examined the ITB and related
annexure for the above WORK downloaded from your website. We hereby offer to provide
the services in conformity with the said ITB conditions of Contract and related annexure
as per terms and conditions specified in the BID DOCUMENT.
I/We undertake to carry out the work as per the time schedule in the ITB.
I/We understand that APL is not bound to accept the lowest of the BIDs received and may
reject all or any BID without assigning any reason thereof.
We hereby agree that unless and until a formal agreement is prepared and executed in
accordance with the conditions of CONTRACT, this ITB together with your written letter of
acceptance thereof (i.e. LETTER OF INTENT) in case our bid is accepted shall constitute
a binding CONTRACT between us.
Yours faithfully,
Signature:
Name:
Company’s name:
Address:
Dated:
Name of Directors/partners of the Company
(1) ...................................................... (2) ........................................................(3) ...................
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORM OF BANK GUARANTEE FOR SECURITY
AND PERFORMANCE SHEET 92 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure -4 (1/3)
FORM OF BANK GUARANTEE FOR SECURITY AND PERFORMANCE
This Guarantee No. -------------------- made this --------------- day of………….Month of _______
2014, Between -------------------------- a Bank incorporated and having its registered office at
---------------------------------------------- ---------------------------- (Hereinafter called BANK), which
expression shall unless repugnant to the context or contrary to the meaning thereof include
its successor and permitted assignees, on the one part and a Public Sector Undertaking
or Government of Assam having its registered office at Orion Place, G.S Road,
Bhangagorah, Guwahati 781005, India (hereinafter called OWNER), which expression
shall unless repugnant to the context or contrary to the meaning thereof include its
successors and permitted assignees, of the other Part.
WHEREAS in pursuance of LETTER OF INTENT (LOI) dated ------------------------------
(hereinafter called LOI) entered into between OWNER and ---------------------------------- , a
Company incorporated in (hereinafter called CONSULTANT) , which expression shall
unless repugnant to the context or contrary to the meaning thereof include its successors
and permitted assignees for rendering of services under procurement, inspection, testing
and expediting, Construction / erection, pre-commissioning and commissioning,
performance test and guarantee test run for setting up 200 TPD Acetic Acid Plant with CO
separation unit, as envisaged in LOI/CONTRACT, CONSULTANT has to submit a
Bank Guarantee for Security and performance for Rs. -------------------------------------
CONSULTANT accordingly agrees to furnish the Bank Guarantee for Security and
Performance as hereinafter contained towards fulfillment of all of its obligations under LOI.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORM OF BANK GUARANTEE FOR SECURITY
AND PERFORMANCE SHEET 93 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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Annexure- 4 (2/3)
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In pursuance of LOI, BANK hereby unconditionally guarantees as a direct
responsibility to OWNER that Bank is holding the amount of Rs.
(Rupees -------------------------- ) at OWNER's disposal and hereby promises and
shall be bound to pay to OWNER, forthwith at OWNER's written notice, stating that
CONSULTANT has failed to fulfill its obligations under CONTRACT for reasons for
which CONSULTANT is liable and without any protest or demur and without
recourse to CONSULTANT and without asking for any reasons as to whether the
amount is lawfully asked for by OWNER or not, the entire amount or the portion
thereof, as mentioned by OWNER in the notice. The decision of OWNER as to
whether the terms and conditions of this Bank Guarantee have been observed or
not, shall be final and binding on the BANK. In any case, however, BANK's
responsibility under this Bank Guarantee is limited to Rs. ---------------------------------
2. This Bank Guarantee shall be valid for an initial period of 42 (forty two) months
from the date of LOI, to be extended thereafter for a further period of 6 (six) months
each time as may be required but not beyond 12 (twelve) months after the date of
issuance of ACCEPTANCE CERTIFICATE (PROVISIONAL) of 200TPD Acetic Acid
plant with CO separation unit. Upon issuance of ACCEPTANCE CERTIFICATE
(PROVISIONAL) the value of this Bank Guarantee shall be reduced by 50% (fifty
percent) of its original value of Rs. -------------------
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORM OF BANK GUARANTEE FOR SECURITY
AND PERFORMANCE SHEET 94 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-4 (3/3)
3. This Bank Guarantee shall be in addition to and shall not affect or be affected
by any other security now or hereafter held by OWNER on account of money hereby
intended to secure, and OWNER, at its discretion and without any consent from
BANK, and without affecting its rights against BANK, may compound with, give time
or other indulgence to, or make any other arrangement with CONSULTANT and
nothing done or omitted to be done by OWNER in pursuance or any authority or
permission contained in this Bank Guarantee shall affect or discharge the liability of
BANK.
4. Unless previously cancelled or extended by OWNER, this Bank Guarantee will
remain in force initially up to 42 (forty two) months from LOI, subject to
provisions of Paragraph 2 above.
Unless demand or claim under this performance Bond is made on BANK in writing
within 6 ( SIX) months post date of expiry of this Performance Bond , all the rights of
OWNER against BANK shall be forfeited and BANK shall be relieved and
discharged from all liabilities hereunder.
5. BANK declares that it has the power to issue this Bank Guarantee for Security and
Performance and the undersigned have full power to do so.
6. This Bank Guarantee for Security and Performance is to be returned to BANK
after its expiry in terms of Paragraph 4 above.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORMAT FOR PRICE SCHEDULE SHEET 95 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-5a (1/7)
(ORIGINAL COPY TO SUBMIT WITH PRICED BID)
FORMAT FOR PRICE SCHEDULE
NAME OF WORK Procurement, construction, assistance in pre-
commissioning, commissioning, performance test
and guarantee test run Services for 200 TPD
Acetic Acid Plant with CO separation unit at
Namrup, Assam
NAME OF BIDDER
SL No. CONSULTANT’S SCOPE OF
WORK
QUOTED PRICE IN
FIGURES (INR)
QUOTED PRICE IN
WORDS (INR)
ACETIC ACID PLANT
Procurement Services
1 % of value of items (ex-work /
FOB Price)
2 Total Estimated Fees with
Capping
Construction / Contract Services
1
PERDIEM rates for
Construction / Contract
services
2
Total Estimated Fees for
Construction / Contract
services with Capping
(perdiem rate x total
estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
Pre-commissioning & commissioning Services
1
PERDIEM rates for PRE
COMMISSIONING &
COMMISSIONING
2
Total Estimated Fees for
Pre-commissioning &
Commissioning with
Capping (Perdiem rate x
total estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
A SUB TOTAL – Acetic Acid
Plant
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORMAT FOR PRICE SCHEDULE SHEET 96 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-5a (2/7)
CO SEPARATION UNIT
SL No. CONSULTANT’S SCOPE OF
WORK
QUOTED PRICE IN
FIGURES (INR)
QUOTED PRICE IN
WORDS (INR)
Procurement Services
1 % of value of items (ex-work /
FOB Price)
2 Total Estimated Fees with
Capping
Construction / Contract Services
1
PERDIEM rates for
Construction / Contract
services
2
Total Estimated Fees for
Construction / Contract
services with Capping
(perdiem rate x total
estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
Pre-commissioning & commissioning Services
1
PERDIEM rates for PRE
COMMISSIONING &
COMMISSIONING
2
Total Estimated Fees for
Pre-commissioning &
Commissioning with
Capping (Perdiem rate x
total estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
B SUBTOTAL – CO Separation
Unit
C GRAND TOTAL = Subtotal A
+ Subtotal B
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORMAT FOR PRICE SCHEDULE SHEET 97 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-5a (3/7)
I /We confirm that the above quoted lump sum price for the entire SCOPE OF WORK is in
accordance with the PAYMENT clause, Clause 8
I /We have understood the above and I/We accept the same.
PLACE SEAL OF THE COMPANY DATED
DATE: SIGNATURE OF THE BIDDER
NOTE:
Please read enclosed instructions for price schedule.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORMAT FOR PRICE SCHEDULE SHEET 98 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-5b (4/7)
(2nd COPY TO SUBMIT WITH UN-PRICED BID)
FORMAT FOR PRICE SCHEDULE
NAME OF WORK Procurement, construction, assistance in pre-
commissioning, commissioning, performance test
and guarantee test run Services for 200 TPD
Acetic Acid Plant with CO separation unit at
Namrup, Assam
NAME OF BIDDER
SL No. CONSULTANT’S SCOPE OF
WORK
QUOTED PRICE IN
FIGURES (INR)
QUOTED PRICE IN
WORDS (INR)
ACETIC ACID PLANT
Procurement Services
1 % of value of items (ex-work /
FOB Price)
2 Total Estimated Fees with
Capping
Construction / Contract Services
1
PERDIEM rates for
Construction / Contract
services
2
Total Estimated Fees for
Construction / Contract
services with Capping
(perdiem rate x total
estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
Pre-commissioning & commissioning Services
1
PERDIEM rates for PRE
COMMISSIONING &
COMMISSIONING
2
Total Estimated Fees for
Pre-commissioning &
Commissioning with
Capping (Perdiem rate x
total estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
A SUB TOTAL – Acetic Acid
Plant
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORMAT FOR PRICE SCHEDULE SHEET 99 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-5a (2/7)
CO SEPARATION UNIT
SL No. CONSULTANT’S SCOPE OF
WORK
QUOTED PRICE IN
FIGURES (INR)
QUOTED PRICE IN
WORDS (INR)
Procurement Services
1 % of value of items (ex-work /
FOB Price)
2 Total Estimated Fees with
Capping
Construction / Contract Services
1
PERDIEM rates for
Construction / Contract
services
2
Total Estimated Fees for
Construction / Contract
services with Capping
(perdiem rate x total
estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
Pre-commissioning & commissioning Services
1
PERDIEM rates for PRE
COMMISSIONING &
COMMISSIONING
2
Total Estimated Fees for
Pre-commissioning &
Commissioning with
Capping (Perdiem rate x
total estimated man days)
Total estimated man
days (nos.)=
Total estimated Fees=
B SUBTOTAL – CO Separation
Unit
C GRAND TOTAL = Subtotal A
+ Subtotal B
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORMAT FOR PRICE SCHEDULE SHEET 100 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-5b (6/7)
I /We confirm that the above quoted lump sum price for the entire SCOPE OF WORK is in
accordance with the PAYMENT clause, Clause 8
I /We have understood the above and I/We accept the same.
PLACE SEAL OF THE COMPANY DATED
DATE: SIGNATURE OF THE BIDDER
NOTE:
Please read enclosed instructions for price schedule.
Please read enclosed instructions for price schedule.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
FORMAT FOR PRICE SCHEDULE SHEET 101 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-5c (7/7)
INSTRUCTIONS FOR PRICE SCHEDULE:
1. The ORIGINAL copy of this PROFORMA duly completed, signed and stamped
is required to be submitted with the PRICED BID only and shall NOT contain any
conditions/ deviations whatsoever.
2. 2nd copy of this Proforma as used in the Priced Bid duly completed, signed and
stamped but without mentioning quoted lumpsum /percentage price shall be
submitted in the Unpriced BID (part I of the BID) without filling out the Prices
/amount/rates but indicating “Quoted” against Sl. No.
3. Refer Clause 7 for Taxes and duties details and quotes prices shall be in-line with
the requirements mentioned in the clause.
4. Bidders are advised to read carefully and understand all the requirements of
the WORK and terms & conditions of the BID DOCUMENTS before completing this
Proforma.
5. The CONTRACT PRICE shall remain firm and fixed till the issue of ACCEPTANCE
CERTIFICATE and shall not be subject to escalation and shall be deemed to include
and cover all costs, expenses and liabilities of every description and all risks of every
kind to be taken in executing and completing the WORK.
6. Items sourced / purchased from India shall be priced as per FOT - APL site basis.
7. OWNER/ TCE reserve the right to cancel/ delete/ curtail any item or group of work if
necessary. Such a step shall not be construed as reason for changing the rates.
8. Bidders shall quote prices in Indian Rupees only (INR).
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CERTIFICATE AS PER SEC. 184 / 188 OF
COMPANIES ACT 2013 SHEET 102 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-6(1/2)
(ORIGINAL COPY TO SUBMIT WITH PRICED BID)
CERTIFICATE AS PER SEC. 184/ 188 OF COMPANIES ACT
This has the reference to our proposed CONTRACT for Rs________ for PCM Services
for 200 TPD Acetic Acid PLANT with CO separation unit of APL to be entered
into with ASSAM PETROCHEMICALS LIMITED (APL)
For the purpose of section 184/ 188 of the Companies Act 2013, we certify that to the
best of my/our knowledge:
1) I am not a relative of any Director of APL.
2) We are not a firm in which a Director of APL or his relative is partner.
3) I am not a partner in a firm which a Director of APL or his relative is partner
4) We are not a private company in which a Director of APL is a member or Director.
5) We are not a company in which Directors of APL hold more than 2% of the paid up
share capital of our company or vice versa.
PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF BIDDER
Note:
1) The second copy of the certificate duly completed, signed and stamped must
be submitted with Un-priced BID indicating “QUOTED” in proposed contract.
2) The original copy of the certificate duly completed, signed and stamped must
be submitted with Priced BID after filling in the value of the proposed CONTRACT.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CERTIFICATE AS PER SEC. 184 / 188 OF
COMPANIES ACT 2013 SHEET 103 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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Annexure-6(2/2)
(2nd COPY TO SUBMIT WITH UN-PRICED BID)
CERTIFICATE AS PER SEC. 184/ 188 OF COMPANIES ACT
This has the reference to our proposed CONTRACT for Rs________ for PCM
Services for 200 TPD Acetic Acid PLANT with CO separation unit of APL to be
entered into with ASSAM PETROCHEMICALS LIMITED (APL)
For the purpose of section 184/188 of the Companies Act 2013, we certify that to the
best of my/our knowledge:
1) I am not a relative of any Director of APL.
2) We are not a firm in which a Director of APL or his relative is partner.
3) I am not a partner in a firm which a Director of APL or his relative is partner
4) We are not a private company in which a Director of APL is a member or Director.
5) We are not a company in which Directors of APL hold more than 2% of the paid up
share capital of our company or vice versa.
PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF BIDDER
Note:
1) The second copy of the certificate duly completed, signed and stamped must
be submitted with Un-priced BID indicating “QUOTED” in proposed contract.
2) The original copy of the certificate duly completed, signed and stamped must be
submitted with Priced BID after filling in the value of the proposed CONTRACT.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR EXPERIENCE / TRACK
RECORD SHEET 104 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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PROFORMA FOR EXCEPTIONS/DEVIATIONS
NAME OF WORK Procurement, construction, assistance in
pre-commissioning, commissioning,
performance test and guarantee test run
Services for 200 TPD Acetic Acid Plant with
CO separation unit at Namrup, Assam
NAME OF BIDDER
The BIDDER may stipulate exceptions/deviations to the Terms & conditions of BID
DOCUMENT (if considered unavoidable ONLY) as per this pro forma.
Sl. No. Page No. Clause No. Subject Title Exception/
Deviations
taken by the
Bidder
Price effect, if
any, for
withdrawal of
the
exception/
deviation
PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF THE BIDDER
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR EXPERIENCE / TRACK
RECORD SHEET 105 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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NOTE:
1) BIDDER shall not leave the above proforma blank while signing. In case no
exceptions/deviations are taken the BIDDER shall write under the columns “NO
EXCEPTIONS/DEVIATIONS".
2) In case the BIDDER leaves the above proforma blank and un-signed, it will be
presumed that all the terms & conditions of this BID DOCUMENT are acceptable to
the BIDDER.
3) Exceptions/ Deviations mentioned elsewhere in the BID shall not be considered.
4) Any deviations taken by the Bidder shall be brought out strictly in this format and
shall be enclosed in Un-priced Bid.
5) Bidder’s own terms and conditions, if any, mentioned elsewhere in the bid shall
not be recognized and the same shall be treated as null and void.
6) Deviations, if any, taken to the Technical Terms & Conditions, shall result in either
loading of prices or rejection of the offer.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR EXPERIENCE / TRACK
RECORD SHEET 106 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
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PROFORMA FOR EXPERIENCE / TRACK RECORD
NAME OF WORK
Procurement, construction, assistance in
pre-commissioning, commissioning,
performance test and guarantee test run
Services for 200 TPD Acetic Acid Plant with
CO separation unit at Namrup, Assam
NAME OF BIDDER
DETAILS OF SIMILAR WORKS COMPLETED
Sl No. Full
postal
address
of client
Nature
of work
Value of
Contract
Scope of
complete
Contract
Actual date of
commencement
of work
Completion
scheduled/
Actual
Reasons
of time /
cost
overrun,
if any
PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF THE BIDDER
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR CONCURRENT COMMITMENT
OF THE BIDDER SHEET 107 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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PROFORMA FOR CONCURRENT COMMITMENT OF THE BIDDER
NAME OF WORK:
Procurement, construction, assistance in
pre-commissioning, commissioning,
performance test and guarantee test run
Services for 200 TPD Acetic Acid Plant with
CO separation unit at Namrup, Assam
NAME OF BIDDER:
DETAILS OF CONCURRENT COMMITMENTS
Name of Client Description of
Work
Value of
Contract
Expected date
of completion
Remarks
PLACE:
SEAL OF THE COMPANY
DATE
SIGNATURE OF THE BIDDER
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR PROJECT ORGANOGRAM SHEET 108 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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PROFORMA FOR PROJECT ORGANOGRAM
NAME OF WORK: Procurement, construction, assistance in
pre-commissioning, commissioning,
performance test and guarantee test run
Services for 200 TPD Acetic Acid Plant with
CO separation unit at Namrup, Assam
NAME OF BIDDER:
(The BIDDER is to indicate on a separate sheet the proposed Organogram for
execution of the WORK. It is understood that this will be augmented from time to time
depending on the requirements for timely completion of WORK. )
Sl No.
Key
Personnel of
the
Organization
Handling the
assignment
Name of the
Officer
Qualification Details of
Experience
relevant to
Work
On roll of the
company
since
Total Strength of the company in Procurement & Construction disciplines.
PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF THE BIDDER
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR CONTRACT SHEET 109 OF 150
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PROFORMA FOR CONTRACT
(To be executed on non judicial stamp paper of appropriate value)
CONTRACT
This CONTRACT NO____________________ entered into this ................. day of
.................. Month of ……………… Year between Assam Petrochemicals Ltd, a
company registered under companies Act,1956 have its registered office at Orion Place
,G.S.Road, Guwahati (herein referred to as OWNER/APL) which expression shall include
its
successors and assignees) on the one part AND
M/S ................................................................................................................. hereinafter
referred to as "CONSULTANT" which expression shall include its successors and
permitted assignees) on the other part.
WITNESSETH THAT
WHEREAS OWNER /APL desires to have Procurement, construction, assistance in pre-
commissioning, commissioning, performance test and guarantee test run Services for
200 TPD Acetic Acid Plant with CO separation unit at Namrup, Assam from the aforesaid
CONSULTANT on terms & conditions mentioned In this CONTRACT:
AND WHEREAS CONSULTANT who has their own know how with resources for
Performing such jobs has agreed to sign an agreement to render the services as per
requirement of APL on Terms and conditions mentioned in this CONTRACT.
NOW Therefore Parties Agree That:
1) The following annexed hereto shall form an integral part of this CONTRACT:
(i) Letter of Intent (LOI) No________
(ii) Terms & Conditions of CONTRACT STATED IN ITB
(iii) Certificate by the CONTRACTOR as per sec. 184 / 188 of Companies Act. 2013
(iv) Price Schedule.
(v) Time schedule of completion.
(vi) Scope of work for CONSULTANT as per CONTRACT.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR CONTRACT SHEET 110 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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(vii) Curriculum vitae of key personnel.
(viii) A copy of CONTRACT SECURITY DEPOSIT.
2) For the scope of WORK as mentioned in the CONTRACT, APL shall pay to
CONSULTANT fee of Rs________________ (Rupees only).
3) For the purpose of this CONTRACT address of Parties will be as follows and all
correspondence and notices in relation to present agreement sent to PARTIES at the
addresses below shall be deemed to be sufficient for serving notices on the PARTIES.
All Such notices as well as bills, reports, documents etc, shall be addressed to the
PARTIES at such addresses.
APL: Managing Director,
Assam Petrochemicals Ltd.
Regd. Office, 4th Floor,
Orion Place,
Bhangagarh, G.S. Road,
Guwahati-7810f
Attention Shri ....................................
CONSULTANT:
Attention Shri.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA FOR CONTRACT SHEET 111 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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In WITENESS whereof the PARTIES have executed this CONTRACT through their
representatives duly authorized in this behalf:
Signed for and on behalf of Signed for and on behalf of
Assam Petrochemicals Ltd. ___________________________
SIGNATURE SIGNATURE
NAME _____________________ NAME _____________________
DESIGNATION: DESIGNATION:
PLACE: PLACE:
DATE: DATE:
WITNESS:
1.
2.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
COORDINATION PROCEDURE SHEET 112 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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COORDINATION PROCEDURE
1.1. The Coordination procedure outlines the procedures to be followed between
OWNER / PMC, CONSULTANT in carrying out their responsibilities and obligations
under CONTRACT. The Coordination Procedure provides the basis for
development of detailed procedures for correspondence, specifications, reporting of
progress of work and financial coat, meetings, approvals, changes in scope and other
matters for performance of WORK under CONTRACT.
1.2. It is understood that CONTRACTOR(S) shall correspond with CONSULTANT for all
matters retaining to WORK. CONSULTANT shall maintain all contacts with
OWNER/TCE. CONSULTANT shall mark copies of correspondence to OWNER/TCE
as per this procedure. However, OWNER may in exceptional cases correspond
directly with each other or as authorized by CONSULTANT and mark a copy to
CONSULTANT / TCE.
1.3. This procedure may be revised and updated to suit the ongoing needs of the
project as mutually agreed.
2. Project organizations of OWNER, CONSULTANT.
2.1 The organization charts, job descriptions, manpower deployment charts of
OWNERS, CONSULTANT project organizations shall be discussed and finalized
mutually.
3 Changes or additions of addresses/representatives
OWNER, CONSULTANT will notify in writing to the other of any change or
additions to the nominated representatives and /or addresses.
4 Correspondence
Correspondence from CONSULTANT and CONSULTANT'S Representative to
OWNER/TCE shall be addressed to OWNER'S / TCE Representative.
5 Meetings
5.1. In the interest of facilitating the overall coordination and monitoring of the progress of
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
COORDINATION PROCEDURE SHEET 113 OF 150
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The project meetings will be held regularly to discuss the progress of
CONSULTANT's work and/or any other matter affecting the overall project Schedule.
Meetings shall be convened on adequate notice from time to time by mutual
agreement. Details of the type of meetings and the frequency of each type of
meeting are given below:
Type of meeting Frequency of meeting
Pre-project Meetings As required
Kick off meeting One time
Overall coordination Meeting As required
Meetings at OWNER’s / EIC’s/
PMC Office
As required
procurement Weekly
Review Meeting As and when required Expediting meeting by task
force
Fortnightly
Construction review meetings Weekly
Commissioning meetings Daily
The frequency of these meetings may be reviewed mutually between
OWNER and CONSULTANT.
5.2. OWNER may desire its other CONSULTANTs, CONTRACTORs and other
parties to attend joint meetings. The subject of such joint meetings shall be limited to
matters related to work falling within the scope of CONSULTANT and matters
related to the coordination of the overall project. The agenda for the meetings
shall be prepared and circulated sufficiently in advance by OWNER or
CONSULTANT as mutually agreed. The venue of the meetings shall be decided
as mutually convenient.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
COORDINATION PROCEDURE SHEET 114 OF 150
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5.3. Subject to agreement, and taking into consideration the venue of the meeting,
the hosting party shall prepare the record notes of such meetings. The notes of
meetings shall indicate list of all points discussed, agreed and action required to be
taken by each party.
6. Progress reporting
6.1. In order to keep OWNER/TCE properly informed about the progress in various
phases of WORK, difficulties being encountered and the method for solving these
problems and for effective coordination and monitoring progress of WORK,
CONSULTANT shall submit the following reports:
a) Overall Progress report Monthly
b) Document Status Report Fortnightly
c) Enquiry Status report Fortnightly
d) Material Status Report Fortnightly
e) Expediting Report Fortnightly
f) Construction Report Fortnightly
The reports will be issued in the format mutually agreed. Monthly Progress
reports shall broadly cover the following items/activities:
A) Executive summary indicating overall status of the PROJECT. In the event of
any delay/possible delay of activity affecting the overall schedule, possible
corrective and proposed actions to be taken by the CONSULTANT will be given.
B) Percentage progress covering overall PROJECT, procurement and construction.
CONTRACTOR- wise progress work for all the CONTRACTORs & supply-cum-
erection-packages.
C) Status of milestone scheduled to be completed having no delay.
D) Status of milestone scheduled to be completed having delays/likely delays
with reasons and actions being taken by the CONSULTANT to make up for the
time loss.
E) Manpower deployed by CONSULTANT for the PROJECT at SITE and information
on manpower deployed by CONTRACTORS at SITE as furnished
by CONTRACTORS.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
COORDINATION PROCEDURE SHEET 115 OF 150
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7. Engineering
Engineering will be carried out by PROCESS LICENSOR & ENGINEERING
CONSULTANT. CONSULTANT will work in close coordination with PROCESS
LICENSOR & ENGINEERING CONSULTANT for various technical inputs required
for procurement & construction work.
8. Construction schedule
A project construction schedule shall be prepared plant wise/area wise within a
reasonable time but not later than 8 weeks after EFFECTIVE DATE. Area wise
schedule shall highlight the activities like foundation, structural's, equipment erection,
piping, electrical, instrumentation etc. After actual completion of 70% of construction,
system wise schedule shall be made available by CONSULTANT for effective
Control of construction management and smooth pre-commissioning.
9. Amendments to procedure
Any amendments, additions, modifications etc. subsequently agreed and accepted in
writing by OWNER & CONSULTANT shall form part of the Coordination procedure.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SPECIAL CONDITIONS OF PROCUREMENT &
CONTRACTS SHEET 116 OF 150
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SPECIAL CONDITIONS OF PROCUREMENT (FOR NON PROPORIETARY ITEMS) &
CONTRACTS
1. GENERAL
1.1 The project is expected to be financed by OWNER's internal resources and Financing
Institutions Credit/Banks etc. The procurement & contract services shall be
performed as per International Competitive Bidding (ICB) wherever applicable and
shall be single stage two bid system for all items / services. For the EQUIPMENT
financed by financing institutions, the procurement services shall be performed in
accordance with the guidelines for procurement laid down by financing institutions.
1.2 All tenders shall comprise of three volumes viz. Volume I – General & Commercial to
be prepared by CONSULTANT, Volume – II – Technical which will be prepared by
PROCESS LICENSOR & ENGINERING CONSULTANT and Volume-III: Schedule of
Prices which will be prepared by the CONSULTANT with item description &
Quantities input from PROCESS LICENSOR & ENGINERING CONSULTANT.
CONSULTANT shall collate the two volumes and float the enquiries to bidders. It is
the responsibility of CONSULTANT to verify the completeness of Technical volume
for the purpose of procurement & contracts.
1.3 ITEMS / EQUIPMENTS shall be procured from India only to the maximum extent
possible. ITEMS / EQUIPMENTS of non-Indian origin shall be purchased CIF,
Kolkata port basis unless specified as per the guidelines of FINANCING
INSTITUTIONS, if any. ITEMS / EQUIPMENTS of non-Indian origin (if any) shall be
identified and justified by CONSULTANT to OWNER on Cost –Quality basis before
proceeding ahead with procurement.
1.4 CONSULTANT shall not enter into any litigation with any VENDOR/CONTRACTOR.
However, in case of any litigation with VENDOR / CONTRACTOR, CONSULTANT
shall provide all necessary Technical assistance to OWNER. CONSULTANT to also
note that he shall remain responsible for the supervision and inspection of work of
VENDOR / carried out by the CONTRACTOR. CONSULTANT shall be responsible
for any failure caused due to his negligence.
1.5 CONSULTANT to note that number of VENDORs / CONTRACTORs to whom
enquiry will be floated & whose offer will be evaluated will be as per approved
procurement / tendering procedure that will be prepared by CONSULTANT
considering various factors and approved by APL.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SPECIAL CONDITIONS OF PROCUREMENT &
CONTRACTS SHEET 117 OF 150
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2. Documents provided by Process LICENSOR & Engineering CONSULTANT:
i) Technical Procurement & works contract specification
ii) response to bidder’s technical queries
iii) Technical recommendation
iv) Review and approval of VENDOR drawings
v) Inspection & expediting of Critical items
3. PROCUREMENT / CONSTRUCTION SERVICES DOCUMENTS:
CONSULTANT shall provide (not limited to) following documents:
a) VENDOR List & CONTRACTOR List
b) Procurement & Tendering Philosophy & Procedure
c) General & Commercial Tender Specifications
4. Pre-qualification
As soon as practicable after EFFECTIVE DATE, CONSULTANT shall provide the
OWNER with a list of VENDORs along with Proven Track Records (PTR) for
approval. OWNER shall obtain financing institution's approval, if required. Deletion,
additions suggested by financing institutions shall be incorporated by
CONSULTANT. Any change to the agreed VENDOR list can be made only with the
prior approval of OWNER and/or financing institution.
Orders for the procurement of items (if any) with limited sources of availability
whose timely supply is essential to efficient execution of WORK may be placed after
obtaining quotations from restricted list of suppliers approved by the OWNER.
5. Spares for COMMISSIONING and Normal Operation
Spare parts recommendation for commissioning and two years' operation shall be
obtained with bid, making it clear that without the spares quotation, bid shall be
considered non-responsive. All spare should be itemized.
6. Special Instruction
6.1 The condition of purchase order shall include but not limited to :
a) A guarantee clause to cover 12(twelve) MONTHS from commissioning or 36
(thirty six) MONTHS from the date of shipment/dispatch, whichever is earlier.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SPECIAL CONDITIONS OF PROCUREMENT &
CONTRACTS SHEET 118 OF 150
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b) A statement that a Certificate of Origin will be required which should be a signed
statement of VENDOR or its representative with endorsement from Trade
Association, Chamber of Commerce or similar body
6.2 Bidder shall be instructed to quote in the currency as per the guidelines of financing
institutions, if any. In all other cases, Bidders shall be advised to quote in their home
currency /US Dollars/Indian Rupees. Payment to the VENDOR shall be made in such
currency except where such items as VENDOR erection supervision etc. entail
payment in Indian currency. In such cases, firm amount of such currency shall be
shown separately in the Bidder's offer.
6.3 As far as possible ,enquiry document shall avoid use of trade names and if at all
used, shall be followed by the words 'or equivalent'.
6.4 If National standards are mentioned in the specifications, a statement should
be included to the effect that goods meeting other standards, which ensure an
equal or better performance, will also be acceptable.
6.5 All commercial terms shall be interpreted as per INCOTERM 1990 as amended till
EFFECTIVE DATE.
7. PROCUREMENT & CONTRACTS PARTICULARS
7.1. General & Commercial Bid documents for WORKS Tender shall be prepared by
CONSULTANT and shall be submitted to OWNER for approval.
7.2. Documents provided by Process LICENSOR & Engineering CONSULTANT shall be
as per Para. 2.0 Of this annexure.
7.3. CONSULTANT shall issue the enquiries to prequalified list of VENDORS /
CONTRACTORS as mutually agreed with OWNER. A time of 15 DAYS (for
supplies) / 30 DAYS (for services) generally is given to the BIDDERS for submission
of BIDS. The validity period of bids shall be 120 DAYS from Bid Due Date.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SPECIAL CONDITIONS OF PROCUREMENT &
CONTRACTS SHEET 119 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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7.4. CONSULTANT shall open all BIDS including price bid in the presence of OWNER’S
representatives. BIDDERS authorized representative (s) may attend Bid Opening.
Each bid shall be initialized by CONSULTANT and OWNER’S representatives.
CONSULTANT shall prepare the price estimates for floated tender and shall duly
seal it in an envelope before opening of the priced bid. The Price Estimate shall also
be initialized by CONSULTANT and OWNER’S representatives at top of the
envelope.
7.5. CONSULTANT shall arrange to obtain commercial clarifications from
CONTRACTORS if required from their BIDS. For this purpose, joint meetings of
CONTRACTOR, CONSULTANT, PROCESS LICENSOR & ENGINEERING
CONSULTANT and OWNER’S representatives shall be held.
7.6. CONSULTANT shall evaluate the BIDS and submit his Un-priced / Priced
recommendations along with complete evaluation documents giving Quotation
Comparison Sheet (QCS) with respect to CONSULTANT’s PRICE Estimates to
OWNER, within 15-21 DAYS from the date of Un-priced / Price BID opening. Award
of Job shall be on lowest bidder Basis. However CONSULTANT / OWNER shall also
consider Quality, Timeline, Performance & other Parameter while bid evaluation.
7.7. OWNER shall communicate approval or non acceptance of recommendation and
forward the same to CONSULTANT within 15 DAYS from the date of receipt of
recommendation. Approval or acceptance given by OWNER shall not relieve
CONSULTANT of its obligations under the CONTRACT.
7.8. CONSULTANT shall ensure that at the time of forwarding the recommendations, the
BIDS of recommended VENDOR / CONTRACTOR and also all other VENDORS /
CONTRACTORS shall have a validity of at least 60 days. Brief on recommended
CONTRACTOR’s past performance and on reasonableness of recommended price
shall be included in the recommendations. CONSULTANT shall ensure that there
are minimum deviations to ITB, especially by the recommended VENDOR /
CONTRACTOR. CONSULTANT recommendations shall specially list the deviations
from the ITB in the case of recommended CONTRACTOR.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SPECIAL CONDITIONS OF PROCUREMENT &
CONTRACTS SHEET 120 OF 150
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7.9. Reasonability of Price shall be considered as under:
(a) Within +/- 20% of CONSULTANT’S Estimate – Reasonable
(b) Within +/- 20% of CONSULTANT’S Estimate – Negotiation to be Recommended.
7.10. Bid evaluation shall be including negotiations with prospective CONTRACTORs,
where necessary.
7.11. CONSULTANT shall ensure that Price Estimate reasonability shall be within limits
covered in Para. 1.9. CONSULTANT to provide detailed justification for its price
estimate the quoted prices of bidders are beyond the limits in Para. 1.9.
7.12. Re-tendering (if any) shall be the responsibility of CONSULTANT in case of failed
negotiation / bidder unable to match Tender terms and conditions / Non-response /
minimum response required in procurement process / prices within the reasonability
prices limit specified in Para. 7.9. The lumpsum procurement fee quoted shall be
inclusive of re-tendering as described above.
7.13. Within 7 days on receipt of approval from OWNER on CONSULTANT’S
Recommendation, CONSULTANT shall prepare & submit the LOI on selected
VENDOR / CONTRACTOR for OWNER’s Approval / Signature
7.14. Within 7 days of ISSUE of LOI to selected VENDOR / CONTRACTOR,
CONSULTANT shall prepare & submit PO / Work Order / CONTRACT document for
issued LOI.
8. Test/Inspection Certificate
All major items of EQUIPMENT / Critical items required for performance guarantee
such as pressure vessels, large machinery etc. shall have an equipment dossier
prepared by VENDOR and checked by CONSULTANT for completeness. This
shall include (wherever applicable):
i. Material test certificates.
ii. Stage inspection certificates.
iii. Heat treatment charts.
iv. Radiographic examination results.
v. Inspection reports on mechanical and performance test runs; including
performance curves, power consumption etc.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SPECIAL CONDITIONS OF PROCUREMENT &
CONTRACTS SHEET 121 OF 150
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vi. Welding procedure specifications.
vii. Procedural qualification reports.
viii. Rubbing of any insurance company stamps and EQUIPMENT name plates.
ix. Certificates of compliance with code issued by a mandatory inspection
body (e.g. Lloyd's, TUV etc,). Manufacture and inspection of all items coming
under the purview of Indian Boiler Regulation (IBR) shall be as per latest Indian
Boiler Regulation s applicable in the State of Assam, India.
9. SUPPLY CONTRACTS
CONSULTANT will be responsible for SUPPLY CONTRACT. Normally SUPPLY
CONTRACTS for supply of equipments / items shall be issued from
CONSULTANT'S / OWNER’S office. Pre- qualification list along with Proven Track
Records (PTR) of VENDORS (if any) for such contracts shall be prepared by
CONSULTANT and reviewed by OWNER. Approval of VENDORS list (if any) will
be obtained from OWNER.
Bid documents for SUPPLY CONTRACT shall be prepared by CONSULTANT
and shall be submitted to OWNER for approval .The bid document shall include
but not be limited to following:
i) Instruction to Bidders. ii) General purchase conditions iii) Special purchase conditions iv) Bid specifications. v) Schedule of quantities. vi) Payment Schedule.
10. WORKS / SERVICES CONTRACTS
CONSULTANT will be responsible for WORKS/ SERVICES CONTRACTS. Normally
WORKS CONTRACTS for construction and erection for the project will be issued
from CONSULTANT'S / OWNER’S office. However, in specific cases works
contracts may be issued from SITE. CONSULTANT shall post adequate number of
personnel at SITE for carrying out this activity. Pre- qualification list along with
Proven Track Records (PTR) of CONTRACTORS (if any) for such contracts shall
be prepared by CONSULTANT and reviewed by OWNER. Approval of VENDORS
list (if any) will be obtained from OWNER.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
SPECIAL CONDITIONS OF PROCUREMENT &
CONTRACTS SHEET 122 OF 150
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Bid documents for WORKS CONTRACTS shall be prepared by CONSULTANT
and shall be submitted to OWNER for approval .The bid document shall include
but not be limited to following:
i) Instruction to Bidders. ii) General conditions of contract. iii) Special conditions of Contract. iv) Bid specifications. v) Schedule of quantities. vi) Payment Schedule.
11. EXECUTION OF WORK CONTRACTS
11.1 For execution of the works contract, CONSULTANT's representative at SITE shall
correspond directly with CONTRACTOR on all matters. For execution and overall
coordination at SITE, OWNER’s representative shall be nominated by the OWNER.
11.2 Periodic meetings shall be held jointly between OWNER, CONSULTANT and
CONTRACTORS to review the progress of WORK and to resolve problems, if any.
CONSULTANT shall prepare the minutes of such meetings and circulate the
same within 2 days.
11.3 All invoices of CONTRACTOR shall be certified within 7 DAYS by CONSULTANT
and passed on to OWNER for payment.
11.4 OWNER shall make payment to CONTRACTOR within 14 DAYS from receipt of
invoice.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
REVIEW AND APPROVAL PROCEDURES SHEET 123 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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REVIEW AND APPROVAL PROCEDURES
OWNER's review for acceptance, comments, or approval (as the case may be)
shall be progressive.
If OWNER requests changes, CONSULTANT shall consider such changes. In the
event such changes are not acceptable, CONSULTANT shall give in writing its
reasons for not accepting such changes and/or indicate implications due to such
changes. It is understood that no change shall become effective until it has been
mutually agreed in writing between OWNER and CONSULTANT.
Approval or acceptance given by OWNER shall not relieve CONSULTANT of
its obligations under CONTRACT.
OWNER shall have the authority to request changes of or additions to designs,
drawings and equipment data sheet as long as these do not conflict with
responsibility of CONSULTANT to fulfill its guarantees under CONTRACT. The
changes or additions carried out by CONSULTANT at OWNER's instance or
approval by OWNER of purchase recommendations and documents shall not
dilute CONSULTANT'S obligations and /or relieve CONSULTANT from fulfilling the
guarantees under CONTRACT.
OWNER's review in essence, shall be regarded only as an acknowledgement of
OWNER's satisfaction with the general arrangement and general design. Changes
of, additions to, or approval of documents shall not make OWNER responsible for the
accuracy and correctness thereof, for failure of EQUIPMENT, for proper mechanical
design, for failure to meet the performance guarantees, for failure to comply with any
code requirements, or in any other respect.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INTEGRITY PACT SHEET 124 OF 150
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INTEGRITY PACT
BETWEEN
Assam Petrochemicals Ltd., hereinafter referred to as "The Principal",
AND
……………………………………………………………… hereinafter referred to as "The
Bidder / CONSULTANT".
Preamble
The Principal intends to award, under laid down organizational procedures,
Contract/s for ...................................................................... The Principal values full
compliance with all relevant laws and regulations, and the principles of economic use of
resources, and of fairness and transparency in its relations with its Bidder/s and
CONSULTANT/s.
In order to achieve these goals, the Principal will appoint an external independent
Monitor who will monitor the tender process and the execution of the contract for
compliance with the principles mentioned above.
Section 1 -Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles: -
a) No employee of the Principal, personally or through family members, will in connection
with the tender for, or the execution of a contract, demand, take a promise for or accept, for
him/herself or third person, any material or immaterial benefit which he/she is not legally
entitled to.
b) The Principal will, during the tender process treat all Bidders- with equity and reason. The
Principal will in particular, before and during the tender process, provide to all Bidders the
same information and will not provide to any Bidder confidential / additional information
through which the Bidder could obtain an advantage in relation to the tender process or the
tender execution.
c) The Principal will exclude from the process all known prejudiced persons.
2) If the Principal obtains information on the conduct of any of its employees which is a
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INTEGRITY PACT SHEET 125 OF 150
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criminal offence under the IPC / PC Act, or if there be a substantive suspicion in this regard,
the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder / CONSULTANT
(1) The Bidder / CONSULTANT commit itself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his participation in
the tender process and during the contract execution.
a) The Bidder / CONSULTANT will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the tender process or the
execution of the contract or to any third person any material or immaterial benefit which he /
she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
b) The Bidder / CONSULTANT will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission of
bids or any other actions to restrict competitiveness or to introduce cartelization in the
bidding process.
c) The Bidder / CONSULTANT will not commit any offence under the IPC / PC Act; further the
Bidder / Contactor will not use improperly, for purposes of competition or personal gain, or
pass on to others, any information or document provided by the Principal as part of the
business relationship
d) The Bidder / CONSULTANT will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
(2) The Bidder / CONSULTANT will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3 - Disqualification from tender process and exclusion from future contracts
If the Bidder, before award of contract has committed a transgression through a violation of
Section 2 or in any other form such as to put his reliability or credibility as Bidder into
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INTEGRITY PACT SHEET 126 OF 150
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question, the Principal is entitled to disqualify the Bidder from the tender process or to
terminate the contract, if already signed, for such reason.
(1) If the Bidder / CONSULTANT have committed a transgression through a violation of
Section 2 such as to put his reliability or credibility into question, the Principal is entitled also
to exclude the Bidder / CONSULTANT from future contract award processes. The imposition
and duration of the exclusion will be determined by the severity of the transgression. The
severity will be determined by the circumstances of the case, in particular the
number of transgressions, the position of the transgressors within the company hierarchy of
the Bidder and the amount of the damage. The exclusion will be imposed for a
minimum of 6 months and maximum of 3 years.
(2) The Bidder accepts and undertakes to respect and uphold the Principal's absolute
right to resort to and impose such exclusion
(3) Apart from the above, the Principal may take action for banning of business dealings /
holiday listing of the Bidder as deemed fit by the Principal.
(4) If the Bidder / CONSULTANT can prove that he has restored / recouped the damage
caused by him and has installed a suitable corruption prevention system, the Principal
may revoke the exclusion prematurely.
(5) A transgression is considered to have occurred if in light of available evidence no
reasonable doubt is possible.
Section 4 - Compensation for Damages
1) Without prejudice to any rights that may be available to the Principal under law or the
Contract or its established policies and laid down procedures, the Principal / OWNER shall
have the following rights in case of breach of this Integrity Pact by the Bidder/
CONSULTANTs): Forfeiture of EMD / Security Deposit: If the Principal has disqualified the
Bidder(s) from the Tender process prior to the award of the Contract or terminated the Contract
or has accrued the right to terminate the Contract according to Section 3, the Principal apart
from exercising any legal rights that may have accrued to the Principal, may in its considered
opinion forfeit the
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INTEGRITY PACT SHEET 127 OF 150
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Earnest Money Deposit / Bid-Security amount of the Bidder / CONSULTANT.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled to
demand and recover from the CONSULTANT liquidated damages equivalent to 5% of the
contract value or the amount equivalent to Security Deposit / Performance Bank Guarantee,
whichever is higher.
(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject
only to condition that if the Bidder / CONSULTANT can prove and establish that the exclusion
of the Bidder from the tender process or the termination of the contract after the contract award
has caused no damage or less damage than the amount of the liquidated damages, the Bidder
/ CONSULTANT shall compensate the Principal only to the extent of the damage in the amount
proved.
Section 5 -Previous Transgression
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any
other Company in any country conforming to or with any other Public Section Enterprise in
India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or the contract, if already awarded, can" be terminated for such reason.
(3) If the Bidder / CONSULTANT can prove that he has resorted / recouped the damage
caused by him and has installed a suitable corruption prevention system, the Principal may, at
its own discretion as per laid down organizational procedures, revoke the exclusion
prematurely.
Section 6 - Equal treatment of all Bidders / CONSULTANTs / Sub-CONSULTANTs
(1) The Bidder / CONSULTANT undertake to demand from all sub CONSULTANTs a
commitment in conformity with this Integrity Pact. The Bidder / CONSULTANT shall be
responsible for any violation(s) of the principles laid down in this agreement / Pact by any of its
SUB-CONSULTANTs.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INTEGRITY PACT SHEET 128 OF 150
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(2) The Principal will enter into agreements with identical conditions as this one with
all Bidders and CONSULTANTs.
(3) The Principal will disqualify from the tender process all bidders who do not sign
this pact or violate its provisions.
Section 7 - Criminal charges against violating Bidders / CONSULTANTs / Sub-
CONSULTANTs
If the Principal obtains knowledge of conduct of a Bidder, CONSULTANT or Sub-
CONSULTANT or of an employee or a representative or an associate of a Bidder,
CONSULTANT or Sub-CONSULTANT which constitutes corruption, or if the Principal has
substantive suspicion in this regard, the Principal will inform the Vigilance Office.
Section 8 - External Independent Monitor / Monitors (number depending on the size
of the contract to be decided by the Chairperson of the Principal)
(1) The Principal appoints competent and credible external independent
Monitor for this Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently.
(3) The CONSULTANT accepts that the Monitor has the right to access without
restriction to all Project documentation of the Principal including that provided by the
CONSULTANT. The CONSULTANT will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his project
documentation. The same is applicable to Sub-CONSULTANTs. The Monitor is under
contractual obligation to treat the information and documents of the Bidder / CONSULTANT
/ Sub-con tractor with confidentiality.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INTEGRITY PACT SHEET 129 OF 150
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(4) In case of tenders having an estimated value of Rs.100 Crore, the Principal will provide
to the Monitor sufficient information about all meetings among the parties related to the
Project provided such meetings could have an impact on the contractual relations
between the Principal and the CONSULTANT.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will
so inform the Management of the Principal and request the Management to discontinue
or to take other relevant action. The Monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the CEO of the Principal within 2 weeks
from the date of reference or intimation to him by the 'Principal' and, should the occasion
arise, submit proposals for correcting problematic situations.
(7) If the Monitor has reported to the CEO of the Principal substantiated suspicion
of an offence under the IPC / PC Act and the CEO has not, within reasonable time, taken
visible action to proceed against such offence or reported it to the Vigilance Office, the
Monitor may also transmit this information directly to the
Central Vigilance Commissioner, Government of India,
(8) The word 'Monitor' would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both the parties have legally signed it. It expires for the Bidder /
CONSULTANT 12 months after the completion of work under Contract or till the continuation of
guarantee period, whichever is more and for all other bidders, till the contract is awarded.
If any claim is made / lodged during this time, the same shall continue to be valid despite the
lapse of this pact as specified it is discharged / determined by the CEO of the Principal.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 INTEGRITY PACT SHEET 130 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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Section 10 - Other Provisions
1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. Guwahati.
2) Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
3) If the CONSULTANT is a partnership or a consortium, this agreement must be signed by all
partners or consortium members.
4) Should one or several provision of this agreement turn out to be invalid the remainder of this
agreement remains valid. In this the parties will strive to come to an agreement to their original
intentions.
_________________________________ ______________________________
FOR THE PRINCIPAL FOR THE BIDDER/ CONSULTANT
WITNESS 1:
WITNESS 2:
Place: ___________________________
Date: ____________________________
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
INFORMATION ABOUT TENDERER SHEET 131 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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INFORMATION ABOUT TENDERER
A. In Case of Individual
(i) Name of business
(ii) Whether his business is registered
(iii) Date of commencement of business
(iv) Whether he pays Income Tax over Rs. 10,000 per year
(v) Whether he is a Director or is related to any Director of OWNER, present or retired
within the past two years
(vi) Whether he has been banned / de-listed by any Government Department / Quasi-
Government / Public Sector Undertaking. If so, give details.
B. In case of Partnership:
(i) Names of partners
(ii) Whether the partnership is registered
(iii) Date of establishment of firm
(iv) If each of the partners of the firm pays income Tax over Rs. 10,000 a year and if
not, which of them pays the same
(v) Whether any partner or member of the firm is a Director or is related to any Director
of OWNER, present or retired within the past two years
(vi) Whether the firm has been banned / de-listed by any Government Department /
(vii) Quasi-Government / Public Sector Undertaking. If so, give details.
C. In case of Limited Company or Company Limited by Guarantees:
(i) Amount of paid-up capital
(ii) Name of Directors
(iii) Date of Registration of Company
(iv) Copies of the balance sheet of the company of the last two years
(v) Whether any Director of the Company is a Director or is related to any Director of
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
INFORMATION ABOUT TENDERER SHEET 132 OF 150
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(vi) OWNER, present or retired within the past two years
(vii) Whether the company has been banned / de-listed by any Government Department
/ Quasi-Government / Public Sector Undertaking. If so, give details.
Signature of Tenderer with seal:
Name and Address of Tenderer:
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 FORMAT FOR ENVELOPE CONTAINING BIDS SHEET 133 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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FORMAT FOR ENVELOPE CONTAINING BIDS
TO BE OPENED BY THE ADRESSEE ONLY
COVER 1
CONTAINS 1. Sealed envelope no. 1: Containing “Technical Bid” and “Unpriced Commercial Bid”.
2. Sealed envelope no. 2: Containing “Priced bid”. CLIENT: ASSAM PETROCHEMICALS LTD.
PMC: TATA CONSULTING ENGINEERS LIMITED.
PROJECT: 200 TPD ACETIC ACID PLANT AT NAMRUP, ASSAM.
Enquiry No. : -----------------------------------------------------------------------------------------
Item : ----------------------------------------------------------------------------------------------------
Bid due date & time : ---------------------------------------------------------------------------------
From:
To,
MANAGING DIRECTOR ASSAM PETROCHEMICAL LIMITED. 4TH FLOOR, ORION PLACE, BHANGAGARH, G.S. ROAD, GUWAHATI-781005. PHONE: (0361) 2461470 / 24961471. E-MAIL:[email protected]
(To be pasted on the sealed cover containing envelope no. 1 & envelope no. 2)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 FORMAT FOR ENVELOPE CONTAINING BIDS SHEET 134 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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TO BE OPENED BY THE ADRESSEE ONLY
(ENVELOPE NO. 1: CONTAINS TECHNICAL & UN-PRICED COMMERCIAL BID)
CLIENT: ASSAM PETROCHEMICALS LTD.
PMC: TATA CONSULTING ENGINEERS LIMITED.
PROJECT: 200 TPD ACETIC ACID PLANT AT NAMRUP, ASSAM.
Enquiry No. : -----------------------------------------------------------------------------------------
Item : -----------------------------------------------------------------------------------------------------
Bid due date & time :-------------------------------------------------------------------------------------
From:
(To be pasted on the envelop No.1 containing TECHNICAL & UNPRICED COMMERCIAL
BID)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 FORMAT FOR ENVELOPE CONTAINING BIDS SHEET 135 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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TO BE OPENED BY THE ADRESSEE ONLY
(ENVELOPE NO. 2: CONTAINS PRICED BID)
CLIENT: ASSAM PETROCHEMICALS LTD.
PMC: TATA CONSULTING ENGINEERS LIMITED.
PROJECT: 200 TPD ACETIC ACID PLANT AT NAMRUP, ASSAM.
Enquiry No. : -----------------------------------------------------------------------------------------
Item : ------------------------------------------------------------------------------------------------------
Bid due date & time : -----------------------------------------------------------------------------------
From:
(To be pasted on the envelop No. 2 containing PRICED BID with duly filled prices)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 FORMAT FOR BIDDER’S QUERY SHEET 136 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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ANNEXURE-18 FORMAT FOR BIDDER’S QUERIES
“Clarifications for Enquiry No. TCE.6842A-G-300-303”
Name of Work :
Bidding Document No : TCE.6842A-G-300-303
Name of Bidder :
SL. NO.
BID DOCUMENT SUBJECT BIDDER’S
QUERY
PAGE NO.
CLAUSE NO.
Note: 1. Bidder’s queries with subject line “Clarifications for Enquiry No. TCE.6842A-G-300-303”
may be sent by email to the following E-mail IDs:
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CHECKLIST FOR SUBMISSION OF BID SHEET 137 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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PART-1: CHECK LIST FOR SUBMISSION OF “UNPRICED BID”
To be submitted along with “UNPRICED BID”
Bidder is requested to fill this check list and ensure that all details/documents have
been furnished as called for in the Bidding Document (ITB) along with duly filled
in, signed & stamped checklist.
Please tick the box and ensure compliance with “Unpriced Technical Bid”
(1.0) Proforma for Bid Submission Letter as per Annexure-3
Submitted
(2.0) Power of Attorney in Favor of the person who has signed the bid on stamp paper of
appropriate value, if applicable.
Submitted
(3.0) Proforma for experience and track as per Annexure 8
Submitted
(4.0) Proforma for Concurrent Commitments as per Annexure -9
Submitted
(5.0) Proforma for Exception and/or Deviations as Per Annexure- 7
Submitted
(6.0) Bio-data of Key Personnel as Per Annexure- 10
Submitted
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CHECKLIST FOR SUBMISSION OF BID SHEET 138 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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(7.0) Declaration By Bidder regarding whether he is a Director or is related to any
Director or OWNER, present or retired within the past three years
Submitted
(8.0) Submission of documents to establish conformity with Bidder’s Qualification Criteria
as per Instruction to bidder (ITB) under head “Bidder’s Pre- Qualification Criteria”
Submitted
(9.0) Partnership Deed in case of partnership firm and Article of Association (AOA) /
Memorandum of Association (MOA) in case of limited company
Submitted
(10.0) Blank copy (without price) of schedule of Price indicating “Quoted” duly signed and
stamped on each page
Submitted
CONFIRM THE FOLLOWING
(1.0) All pages of the bid have been page numbered in sequential manner from last page
to the first page.
YES
(2.0) The bid has been submitted in requisite number of copies as specified in
Instructions to Bidders
YES
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CHECKLIST FOR SUBMISSION OF BID SHEET 139 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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(3.0) Bidding Document marked "ORIGINAL" along with Original offer, Compliance Letter
for Addendum/ Amendment, if any, along with Original offer and in copies, has been
submitted duly signed and stamped on each page.
YES
(4.0) Blank copy (without price) indicating “Quoted” of Schedule of Prices duly signed
and stamped on each page has been submitted
YES
(5.0) Submission of Master Index enclosed with the bidding document duly signed and
stamped by the Bidder in token of having received and read all the parts of the Bidding
documents and having accepted and considered the same in preparing and submitting the
Bid.
YES
(6.0) Submission of Tender-er’s Quality Policy
YES
(7.0) Submission of Tender-er’s Safety Policy.
YES
(8.0) Submission of ESIC, PAN Details, Service Tax registration certificate,
Schedule Bar chart, proposed site organization
YES
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CHECKLIST FOR SUBMISSION OF BID SHEET 140 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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(9.0) Bid / Offer have been neatly punched & filed / Hard Bounded. Offer submitted in
loose / stapled papers and / or insufficient documents / details / copies as mentioned in
above table will not be accepted and may lead to rejection of bid
YES
SIGNATURE OF BIDDER:
NAME OF BIDDER:
COMPANY SEAL:
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
CHECKLIST FOR SUBMISSION OF BID SHEET 141 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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PART-2: CHECK LIST FOR SUBMISSION OF “PRICED BID”
To be submitted along with “PRICED BID”
Please tick the box and ensure compliance w ith “Priced Bid”:
(1.0) Price Schedule as Per Annexure- 5a
Submitted
(2.0) Certificate as Per Section 184/188 of Companies Act 2013 as Per Annexure- 6
Submitted
SIGNATURE OF BIDDER:
NAME OF BIDDER:
COMPANY SEAL:
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA OF LETTER OF AUTHORITY FOR
ATTENDING PRE-BID MEETING SHEET 142 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING PRE-BID MEETING
Ref ............................... Date: TO,
The Managing Director
Assam Petrochemicals Limited, 4th Floor, Orion Place,
G.S. Road Bhangagarh, Guwahati-781005 Assam,
India.
Dear Sir,
I / We........................................hereby authorize the following representative(s) to attend the
Pre-bid Meeting against your Tender No. TCE.6842A-G-300-303 - (PCM) SERVICES FOR 200
TPD ACETIC ACID PLANT WITH CO SEPARATION UNIT
1. Name & Designation & Mobile no. .....................................Signature............................ 2. Name & Designation & Mobile no. .....................................Signature............................ I / We confirm that I / we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully, Signature..................................................... Name & Designation.................................... For & on behalf of........................................ NOTE:
I. This Letter of Authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder.
II. You must send this letter 2 days in advance to scheduled Pre-Bid Meeting as mentioned in the Tender. Non submission of this letter in stipulated time period will be considered as not willing to attend the Pre-Bid Meeting.
PRE BID MEETING VENUE:
ASSAM PETROCHEMICAL LIMITED, APL Site, Namrup, Dibrugarh, Assam, India
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
PROFORMA OF LETTER OF AUTHORITY FOR
ATTENDING TECHNICAL BID OPENING AND PRICE BID
OPENING
SHEET 143 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
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PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING TECHNICAL BID OPENING AND
PRICE BID OPENING
Ref ............................... Date: TO,
The Managing Director
Assam Petrochemicals Limited, 4th Floor, Orion Place,
G.S. Road Bhangagarh, Guwahati-781005 Assam,
India.
Dear Sir, I/We........................................hereby authorize the following representative(s) to attend the
................................................. (Un-priced / priced bid) opening against your Tender No.
TCE.6842A-G-300-303 - (PCM) SERVICES FOR 200 TPD ACETIC ACID PLANT WITH CO
SEPARATION UNIT
1. Name & Designation......................... Signature............................
I/We confirm that I/we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully,
Signature............................................
Name & Designation...........................
For & on behalf of............................... NOTE:
III. This Letter of Authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder.
IV. Only One representative will be allowed for attending price bid opening.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PROFORMA OF BID BOND SHEET 144 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
Annexure- 22 (1/2)
PROFORMA FOR BID BOND
In consideration of Assam Petrochemicals Limited, having its Registered Office at Orion Place, 4th floor, G.S. Road, Guwahati-5, Assam, India ( hereinafter called ‘ the OWNER’ which expression shall unless repugnant to the subject or context includes its successors and assigns) having agreed to exempt m/s …………………………. (Hereinafter called ‘the said Tenderer(s)’ which expression shall unless repugnant to the subject or context includes his successors and assigns) from the demand under the terms and conditions of tender no. ………. for …………………… hereinafter called ‘the said Tender’ of such earnest money deposit for the due fulfillment by the said Tenderer(s) of the terms and conditions contained in the said tender…………….. for ……………on production of bank guarantee for an amount of Rs.15,00,000/- (Rupees fifteen Lakhs only)
We ……………….. Bank hereinafter referred to as ‘the bank’ do hereby undertake to pay to the OWNER and amount not exceeding Rs.15,00,000/- (Rupees Fifteen Lakhs only) only against any loss or damage caused to or suffered or would be caused to or suffered by the said OWNER by reason of any breach by the said Tenderer(s) of any of the terms and conditions contained in the said tender (the decision of the OWNER as to any such breach having been committed and loss suffered shall be binding on us).
1. We……………… Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur merely on a demand from the OWNER stating that the amount claimed is due by way of loss or damage caused to or would cause to or suffered by the OWNER by reason of any breach by the said Tenderer(s) of any of the terms and conditions contained in the said tender or by reason of the said Tenderer’s failure to keep the tender open. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. 15,00,000 (Rupees Fifteen Lakhs) only.
2. We……………. Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the finalization of the said tender and that it shall continue to be enforceable till the said tender is finally decided and order placed on the successful tenderer(s) and/or till all the dues of the OWNER under/or by virtue of the said tender have been fully paid and its claims satisfied or discharged or till a duly authorized officer, of the OWNER certifies that the terms and conditions of the said tender have been fully and properly carried out by the said Tenderer(s) and accordingly discharges the guarantee.
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PROFORMA OF BID BOND SHEET 145 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
Annexure- 22 (2/2)
3. We __________________Bank undertake not to revoke this guarantee during the currency except with the previous consent of the OWNER in writing. Upon expiration of this Guarantee, this document is to be returned to the Bank for cancellation.
4. NOTWITHSTANDING anything contained hereinabove,
a. Our liability under this guarantee shall be restricted to an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs only).
b. This guarantee shall be valid upto ___________________________.
c. The Bank shall be released and discharged from all liability under this guarantee unless a written claim or demand is received by the Bank on or before ______________________________.
The Bank hereby declares that it has the power to issue this guarantee and the undersigned has fully power to do so.
Dated……………. day of…………………….. 20……….
Corporate seal for bank
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
LIST OF PROPRIETARY AND NON-PROPRIETARY
ITEMS SHEET 146 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
Annexure- 23 (1/3)
I. List of Proprietary / Critical Items to be supplied by PROCESS LICENSOR & ENGINEERING CONSULTANT on CIF Kolkata Port Basis:
Sr. No.
Equipment Tag No. Equipment Name Material Of
Construction
1 T101/T201/T202/
T203/204/T301/T302 Column Internals
Stainless Steel / Zirconium
2 R101 Reactor SA516 Gr. 55 + SB 551
R60700
3 T101 Flash Column SB 333 N10675
4 T201 Lights Ends Column R60702
5 T202 Drying Column R60702
6 E101 LP Steam Generator Zirconium / C.S.
7 E102 Off-gas Condenser Zirconium
8 E201 T101 Condenser Zirconium / C.S.
9 E202 T101 Reboiler Zirconium / C.S.
10 E204 T201 Reboiler Zirconium / C.S.
11 E205 T201 Condenser C276 / C.S.
12 E206 T301 Reboiler Zirconium / C.S.
13 CO SEPARATION Absorbent Aluminosilicate
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
LIST OF PROPRIETARY AND NON-PROPRIETARY
ITEMS SHEET 147 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
Annexure- 23 (2/3)
II. List of Non- Proprietary under the scope of CONSULTANT:
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303
LIST OF PROPRIETARY AND NON-PROPRIETARY
ITEMS SHEET 148 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
Annexure- 23 (3/3)
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PROJECT COMPLETION SCHEDULE SHEET 149 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
Annexure- 24
SPEC.NO. TATA CONSULTING ENGINEERS LIMITED
TCE.6842A-G-300-303 PLOT PLAN SHEET 150 OF 150
FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5
ISSUE
R0
Annexure- 25
PLOT PLAN