pre bid reply-1/dt.29.06.2015 volume/section/page no. bid...

Pre Bid Reply-1/dt.29.06.2015

S.No Volume/Section/Page No.

Clause No. Bid Specification Pre bid Query TANGEDCO's reply

1

1 Volume 1.0, Section 1.0

Clause 2.1 The Engineering procurement and construction contract for the 2x660

MW Udangudi Supercritical Thermal

Power Project at Udangudi shall be awarded on single EPC basis. However

for the purpose of payment , taxes and duties the entire contract price will be

divided and separate letter of intent

will be issued for 1. Supply – comprising of supply of

equipment. 2. Erection ‐ Erection testing and

commissioning of the plant including

civil works.

We request TANGEDCO to confirm that that during contract formation the entire project

would be split into the following five

contracts.

First Contract (CIF): offshore (imported) equipment & and associated mandatory

spares on CIF basis

Second Contract (EXW): Ex‐Works (EXW)

supply of all onshore equipment and associated mandatory spares

Third Contract (Erection Services): For providing all erection services i.e. unloading,

further loading for inland transportation for delivery at site, unloading, storage, handling

at site, Installation, Testing and

Commissioning including performance testing in respect of all the equipment.

Fourth Contract (Civil – Supply of Structural Steel & Cement): For supplying all required

structural steel and cement for all the civil,

structural steel and architectural works.

Fifth Contract (Civil Services): For providing all services covering all the civil, structural

steel and architectural works comprising of design & construction including supply of

labour of all the required buildings,

foundations and super‐structures

Bidder to follow as per the specification




2

2 Vol. I,

Section – 1.0 & Vol. 1

and Section – 5.0,

Annexure 8 , Proforma

1,2,3,4,5 & 6

NOTE 1),

4.1.3, ITB

In all the above cases of 4.1.1(b),

4.1.2 & 4.1.3 the bidder along with the qualified steam generator

manufacturer and the subsidiary/JV company of the supercritical steam

generator manufacturer/ qualified steam turbine generator manufacturer

and subsidiary /JV company of the

supercritical turbine generator manufacturer for this project shall

furnish a Deed of joint undertaking along with the bid for successful

performance of the steam generator

and other associated auxiliaries, steam turbine generator and other associated

auxiliary equipments to be supplied for this project and they shall be jointly

and severally liable to the owner

including performance of the contract.,

By referring to the Section I and 5, we

understand that the liability of QSTGM and QSGM under the respective DJU (equipment

for which the DJU has been signed) shall be limited to successful performance of the

Steam Turbine Generator and Steam Generator respectively. We request

TANGEDCO to confirm.

Liability shall be as per the

Specification.

3 Vol. I,

Section – 1.0

6.0, ITB The Overall Project Schedule for

design, engineering, supply, delivery at site, erection, testing commissioning

both units including all auxiliaries ,

Synchronising, conducting PG test and handing over for Commercial

Operation Declaration (COD) of 2x660 MW Udangudi Supercritical

Thermal Power Project – Stage‐1 at

Udangudi for both units 1 & 2 shall be 42 months from the date of Letter of

Intent (LOI)

We request Owner to give justified time for

completion of Project. Hence the clause shall be amended as : "The Overall Project

Schedule for design, engineering, supply,

delivery at site, erection, testing commissioning both units including all

auxiliaries , Synchronising, conducting PG test and handing over for Commercial

Operation Declaration (COD) of 2x660 MW

Udangudi Supercritical Thermal Power Project – Stage‐ 1 at Udangudi for units 1

shall be 48 months & for Unit 2 shall be 54 months from the date of Letter of Intent

(LOI).

Bidder to follow the

specification.




3

4 Volume 1.0,

Section 1.0

Clause 6.1 All taxes & duties applicable on direct

transactions between the Owner and the Contractor shall be reimbursed to

the Contractor at actual against the documentary evidence of payment of

the same by the Contractor. The rates for all the bought out items shall be

inclusive of all taxes and duties.

No statutory variation of taxes and

duties etc. will be allowed for the bought out items.

We understand that if, after the date seven

(7) days prior to the date of Price Bid submission, in the country where the Site is

located, any law, regulation, ordinance, order or by‐law having the force of law is enacted,

promulgated, abrogated or changed (which

shall be deemed to include any change in interpretation or application by the

competent authorities) that subsequently affects the costs and expenses of the

Contractor and/or the Time for Completion,

the Contract Price shall be correspondingly increased or decreased, and/or the Time for

Completion shall be reasonably adjusted to the extent that the Contractor has thereby

been affected in the performance of any of

its obligations under the Contract. However, these adjustments would be restricted to

items in respect of both direct transactions between the Employer and the Contractor,

Bought out items (to be despatched directly from sub‐vendor's works to Plant site) and

foreign raw materials, intermediary

components etc. procured by the Contractor / its subcontractors


specification.

5 Vol. I,

Section – 1.0

12.0, ITB The bidder shall quote in their

proposal, lump sum firm price for the entire scope of work under single point

responsibility covered under this specification as required in the

Schedules enclosed with the Tender

Specification on Firm Price Basis for the entire contract period. The price

basis shall include all taxes and duties

We request Owner to allow the Price

adjustment/ escalation. Owner to note that all PSU/ SEB are allowing the Price

adjustment. Variation in index rates is not predictable and hence is a risk for contractor

during execution. This shall be applicable

from one month prior to the submission of Bid.


specification.




4

6 Vol. I,

Section – 1.0

13.1, ITB It is the responsibility of the bidder to

assess the correct rate of taxes and duties while preparing the bid.

Since 100 % taxes and duties are being paid

to Government as when the sale is effected / service is provided, we request TANGEDCO

to reimburse 100 % taxes and duties against the submission of documents for such taxes

and duties. We request TANGEDCO to consider the

above and confirm.


specification.

7 Vol. I, Section

– 1.0

15.0, ITB The bid by Consortium must be furnished with full names of members

and be signed with the partnership

name followed by the signature and designation of the authorized

representative(s).

Owner is requested that the Bids submitted by consortium the Lead bidder shall only be

required to sign the Bid

Bidder to follow the specification.

8 Vol. I,

Section

– 1.0

22.1, ITB Both Part ‐I (Cover ‐A) and Part ‐II

(Cover ‐ B) of the tender will be

opened in the presence of the bidders/

authorized representatives (not exceeding two persons). Initially only

Part –I: Cover‐A of the tender will be

opened on the due date specified.

Owner is requested to adopt 2 Stage bidding

like other PSU and SEB. Only Stage‐I

comprising Techno‐commercial Bid shall be

submitted and Stage‐II after

Technocommercial discussion shall be

submitted.


specification.

9 Vol. I, Section

– 1.0

22.1, ITB Both Part ‐I (Cover ‐A) and Part ‐II

(Cover ‐ B) of the

tender will be opened in the presence

of the bidders/ authorized representatives (not exceeding two

persons). Initially only Part –I: Cover‐A

of the tender will be opened on the due date specified

Please confirm if the Bidder shall be allowed to submit any supplementary Price Bid after

Techno‐commercial discussion are over.

Bidder to refer claue 29.6 section 1 vol 1 of the

specification. Bidder to follow the specification.




5

10 Vol. I,

Section – 1.0

25.5, ITB The Owner may waive any minor

infirmity in a bid, with or without loading on this account as deemed fit

by the Owner, which does not constitute a material deviation,

provided such waiver does not prejudice or affect the relative ranking

of any Bidder.

In the case of ICB tender bidder should be

known of the loadings done by the Owner or Bidder should be allowed to quote cost of

withdrawal of such deviation.


specification.

11 Vol. I, Section

– 1.0

30.0 ITB Bidder understand that there is no loading on CIF portion quoted by the bidder.

Bidders query is not clear. Clause 30 section 1 volume 1 is

self explanatory.

12 Vol. I,

Section – 1.0

53.2 ITB Subject to the submission of Security

Deposit cum Performance Bank Guarantee within 30 days from the

date of Letter Of Intent (LOI), the Owner shall award the contract to the

successful bidder (through a Purchase order (PO)) whose bid has been

determined to be qualified,

substantially responsive, and has been determined as the lowest evaluated

bid.

Owner is also requested to link Advance

payment with the LOI hence please amend the clause as :

Subject to the submission of Security Deposit cum Performance Bank Guarantee within 30

days from the date of Letter Of Intent (LOI), the Owner shall award the contract to the

successful bidder with Advance payment with

in 60 days (through a Purchase order (PO)) whose bid has been determined to be

qualified, substantially responsive, and has been determined as the lowest evaluated bid.

In case the Ownr fails to release the Advance

payment with in 60 days then the zero date of contract shall be the date of release of

Advance payment by the Owner.

Bidder to follow specification

13 Vol. I,

Section – 2.0

16.0, GCC TERMS OF DELIVERY Please confirm transfer of title for imported

deliveries shall be FOB basis.





6

14 Vol. I,

Section – 2.0

24.1, GCC Time is the essence of the contract. If

the Contractor fails to perform the work within the time specified in the

contract or any extension thereof the Company shall recover from the

Contractor as liquidated damages a sum of half percent (0.5%) of the total

contract price for each completed

week of delay. However, the total liquidated damages shall not exceed

10% of the total contract value. This clause shall be read along with clauses

6.3 and 6.4 of Section‐4 Vol‐1

Owner is requested to amend the clause as :

If the Contractor fails to perform the work within the time specified in the contract or

any extension thereof the Company shall recover from the Contractor as liquidated

damages a sum of half percent (0.5%) of the total contract price for each completed week

of delay. However, the total liquidated

damages shall not exceed 5% of the total contract value. This clause shall be read

along with clauses 6.3 and 6.4 of Section‐4

Vol‐1


specification.

15 Volume 1,

Section 2,

Clause 29.0 The Owner/Purchaser reserve the right

to suspend and reinstate execution of the whole or any part of the work

without invalidating the provisions of the Contract. Orders for suspension or

reinstatement of the work will be

issued by the Owner to the Contractor in writing. The time for

completion of the work will be extended for a period equal to

duration of the suspension and no

financial compensation will be paid for the above suspension. No idle labour

payments will be made on any account.

We request TANGEDCO the consider and

confirm the following , as it prudently being followed in all the PSU and SEB projects.

The Owner/Purchaser reserve the right to suspend and reinstate execution of the whole

or any part of the work without invalidating

the provisions of the Contract. Orders for suspension or reinstatement of the work will

be issued by the Owner to the Contractor in writing. The time for completion of the work

will be extended for a period equal to

duration of the suspension and if contractor incurred any additional costs or expenses,

then it shall be paid by the Employer to the Contractor in addition to the Contract Price.

Suspension by the Contractor: If the Employer has failed to pay the Contractor

any sum due under the Contract within the specified period, has failed to approve any

invoice or supporting documents, the Contractor may give a notice to the Employer





7

that requires payment of such sum, requires approval of such invoice or supporting

documents, or specifies the breach and

requires the Employer to remedy the same, as the case may be.

If the Employer fails to pay such sum, fails to

approve such invoice or supporting documents or give its reasons for withholding

such approval, or fails to remedy the breach

or take steps to remedy the breach within fourteen (14) days after receipt of the

Contractor’s notice, Contractor can suspend performance of all or any of its obligations

under the Contract.

As a result of such suspension, if contractor

incurred any additional costs or expenses, then it shall be paid by the Employer to the

Contractor in addition to the Contract Price .

The time for completion of the work will be extended for a period equal to duration of

such Suspension




8

16 Volume 1,

Section 2,

Clause 30.0 TERMINATION OF CONTRACT BY THE

OWNER/ PURCHASER The Purchaser reserves the right to

terminate the Contract either in part or full due to reasons other than those

mentioned under clause 25.0 GCC entitled "Contractor's Default'. The

Owner/Purchaser shall in such an

event give fifteen (15) days notice in writing to the Contractor of his

decision to do so.

The Contractor upon receipt of such

notice shall discontinue the work on the date and to the extent specified in

the notice, make all reasonable efforts to obtain cancellation of all orders and

contracts to the extent they are

related to the work terminated and upon terms satisfactory to the

Owner/Purchaser, stop all further sub‐contracting or purchasing activity

related to the work terminated and

assist the Owner/Purchaser in maintenance, protection and

disposition of the works required under the Contract by the Owner/Purchaser.

In the event of such termination the Contractor shall

be paid compensation, equitable and reasonable

dictated by the circumstances prevalent at the time

of termination.

We request TANGEDCO the consider and

confirm the following , as it prudently being followed in all the PSU and SEB projects.

In the event of termination of the Contract by Employer, the Employer shall pay to the

Contractor the following amounts: (a) the Contract Price attributable to the parts

of the Works executed by the Supplier as on

the date of termination as provisioned under the Cancellation Schedule attached herewith;

and (b) the costs reasonably incurred by the

Supplier in the removal of the Construction

Equipment from the Site and in the repatriation of the Supplier's and its

Sub‐Suppliers' personnel; and

(c) any amounts to be paid by the Supplier to its Sub‐Suppliers in connection with the

termination of any sub‐contracts, including

any cancellation charges; and (d) the costs incurred by the Supplier in

protecting the Works and leaving the Site in a clean and safe condition; and

(e) the reasonable amount of profit for the

parts of the Works not executed by the Supplier as on the date of termination; and

(f) the cost of satisfying all other obligations, commitments and claims which the

Supplier may in good faith have undertaken with third parties in connection with the

Contract and which are not covered by

paragraphs (a) through (d) above.

Termination by Supplier : Contractor shall be entitled to terminate the Contract by written

notice of termination delivered to Purchaser





9

provided that Contractor has given thirty (30)

calendar days prior notice of its intention to terminate the Contract in the event of the

cases below; • suspension due to untimely payment is

arisen three (3) times or more. • If Purchaser becomes bankrupt or insolvent,

or if any proceedings are brought against

Purchaser, voluntarily or involuntarily, under the bankruptcy laws or any insolvency laws

• suspension is continued more than one hundred eighty (180) calendar days or the

cumulative suspension during the tenure of the Contract exceeds 365 days.

• Contractor is unable to carry out any of its obligations under the Contract for any reason

attributable to PURCHASER's failure of its

obligations in the Contract between PURCHASER and CONTRACTOR necessary for

the execution and/or completion of the Works. Purchaser shall pay but not limited to for

(a) the Contract Price attributable to the parts

of the Works executed by the Supplier as on the date of termination as provisioned under

the Cancellation Schedule attached herewith; and

(b) the costs reasonably incurred by the

Supplier in the removal of the Construction Equipment from the Site and in the

repatriation of the Supplier's and its Sub‐Suppliers' personnel; and

(c) any amounts to be paid by the Supplier to

its Sub‐Suppliers in connection with the




10

termination of any sub‐contracts, including

any cancellation charges; and (d) the costs incurred by the Supplier in

protecting the Works and leaving the Site in a clean and safe condition; and

(e) the reasonable amount of profit for the parts of the Works not executed by the

Supplier as on the date of termination; and

(f) the cost of satisfying all other obligations, commitments and claims which the Supplier

may in good faith have undertaken with third parties in connection with the Contract and

which are not covered by paragraphs (a)

through (d) above. Termination of the contract shall not relieve

either party of any obligation arising out of work performed prior to termination.

Any audit of the Supplier’ records shall be

limited to work performed on a cost reimbursable basis, shall be conducted by a

mutually agreed independent accounting firm, and shall not include any inquiry into the

Supplier’ privileged and/or proprietary information.




11

17 Vol. I,

Section – 2.0

43.1, GCC The Contractor shall guarantee that

the equipment being supplied under this Contract shall be new and of first

quality workmanship and shall have no defect in manufacture, for the purpose

intended. The guarantee shall be for a period of 24 calendar months

commencing immediately on

completion of successful Performance Guarantee Testing of the Unit &

acceptance by TANGEDCO and shall be furnished as said above in clause 9.0.

GCC (Security Deposit cum Contract

Performance Guarantee).

Owner is requested to limit the guarantee

upto 12 months from the date of PG test.


specification.

18 Volume 1.0,

Section 2.0

Clause 46 Limitation of Liability We understand that this clause is to be

interpreted as “The aggregate liability of the bidder / contractor to the Employer /

consortium, whether under the Contract, in tort or otherwise, shall not exceed the total

Contract

Price, provided that this limitation shall not apply to any obligation of the Contractor to

indemnify the Employer with respect to patent infringement.” Accordingly, we

request TANGEDCO to clarify and confirm.

The clause shall be read as

given in the specification.

19 Vol. I, Section

– 3.0

32.4, ECC The Contractor shall make his own arrangement for

water for erection & drinking purposes

Owner is requested to arrange the water for construction, service and drinking purpose





12

20 Volume 1.0,

Section 3.0

Clause 51.1 However the Contractor shall be fully

responsible for any consequential liability.

We request TANGEDCO to remove this

phrase and replace the same with The Contractor shall not be liable to the

Employer, whether in contract, tort, or otherwise, for any indirect or consequential

loss or damage, loss of use, loss of production, or loss of profits or interest costs


21 Vol. I,

Section – 4.0

1.3, SCC Bidder shall guarantee 90% availability

of the plant for one (1) year from the date of trial operation In case this is

not achieved this period shall be further extended to one year from the

date of repair of the equipment, until

such availability is achieved. Bidder shall maintain full fledged supervisory

staff until such period.

Plant availability is largely depend factors like

O&M practices, prevailing environment conditions, etc. The contractor will not have

any control on the above mentioned factors. So, we request TANGEDCO to remove this

clause

Bidder to follow specification.

22 Vol. I, Section

– 4.0

9.2, SCC PAYMENT TERMS TOWARDS SUPPLY OF

EQUIPMENTS INCLUDING SPECIAL TOOLS AND

TACKLES: 50% PRO RATA PAYMENT

25% PAYMENT TOWARDS MATERIAL

RECEIPT CERTIFICATE (MRC)

FINAL 10% PAYMENT

Owner is request to amend the below Payment terms as :

70% PRO RATA PAYMENT 10% PAYMENT TOWARDS MATERIAL

RECEIPT CERTIFICATE (MRC) FINAL 5% PAYMENT


23 Vol. I, Section

– 4.0

9.4, SCC PAYMENT TOWARDS ERECTION, TESTING AND COMMISSIONING

INCLUDING CIVIL WORKS The advance to be released under section

9.4.1 shall bear interest at 15% per

annum. The advance to the contractor shall be adjusted progressively with

progressive completion of erection, testing and commissioning work

Owner is requested to release Advance for Service without levying interest on it. This is

for the better execution of the project and project cost.




13

9.4.5 15% PAYMENT TOWARDS MILE

STONE ACTIVITIES

Please release the payments against services

as Pro‐rata. Milestone payment will be

burden on contractor with a Negative Cash

Flow


24 Not defined Not defined Extension of Time New Clause Please release the payments against services as Pro‐rata. Milestone payment will be

burden on contractor with a Negative Cash

Flow

Not Acceptable.




14

25 Vol-I/

ITB

20 13.14 Concessional Customs Duty if any

availed by the contractors shall pass

on the benefit to the Company. No

excise duty is admitted on bought out

items.

Bidder understands that no excise duty is

admissible ONLY on the imported items going

directly to site.

Please confirm.

Bidders query is not clear.


26 Vol-I/

ITB

37 55.2 THREE YEARS O&M SPARES

In addition, the Bidder shall provide,

based on his own experience of the

performance of his equipment, in the

form of a schedule given in bid

documents, the complete list of

recommended spare parts for three (3)

years operation of the equipment

covered under the proposal. In the list

of recommended spare parts, the

bidder shall identify the unit-wise

population of each of items

recommended and anticipated normal

life of the spares. Such list will also

indicate item-wise prices on CIF

(Indian Port) / Ex-works (India) basis.

The bidder shall further indicate price

break-up on FOR site basis. No other

basis of prices will be quoted. The

prices of these spare parts shall be on

firm price basis and shall have

extended validity not less than 24

(twenty four) months after the issue of

As THREE YEARS O&M SPARES are not being

considered for Price Evaluation, please allow

Bidders to quote the prices for Recommended

Spares during contract finalization stage.





15

LOI for EPC Package. The prices of the

spare parts thus quoted shall not be

taken into consideration for purpose of

bid evaluation.

27

Vol-I/

SCC

18 22.3 If the guarantees specified are not

achieved by the Contractor within 90

days of notification by the Owner, he

may at his discretion reject the

equipment or accept it after levying

and recovering suitable penalties.

We request Owner to modify the clause as

follows:

If the guarantees specified are not achieved

by the Contractor within 90 days of

notification by the Owner, the Owner shall

accept the equipment after levying and

recovering suitable penalties.


1.

28

Vol-I/

ITB

32 33 MAINTENANCE TOOLS AND TACKLES ETC:

Bidder request Tangedco to provide the list of maintenance tools and tackles for the project.

So as to make the price offer comparable with other bidders.

Maintenance tools and tackles are specific to the bidder

supplied equipments/systems for the project.

Bidder shall follow the

specification.

29 Vol-I/

ITB

35 49.0 The despatch clearance will be

normally issued by TANGEDCO within 30 days of the receipt of inspection

report/ Test Certificates.

Inspection and test will be carried out as per

approved/mutually agreed QA Programme. MDCC issuance by Employers

manager/authorized representative will be applicable for components under category A

mentioned in QA programme. For category B&C MDCC/IRN will be issued by bidder.

Since this is an EPC project, this will lead to

optimize overall project schedule. Please


specification. 30

Vol-I/ GCC

24 22.8 Final acceptance letter after witnessing the test by the Owner/Purchaser's

representative shall be issued by the

office awarding this contract. The




16

contractor shall despatch the

equipment after receipt of the letter of consent from the office awarding the

contract.

confirm.

31 Vol-I/ GCC

23 22.3 The Contractor shall give the Owner/Purchaser/Inspector fifteen

(15) days notice by telex or Fax of any

material being ready for testing.

We would like to inform that inspection notification shall be provided as per QA

Program (to be submitted as part of our bid

proposal) which will be subject to Owner's approval.

Bidder shall follow the specification.

32 Vol-I/

GCC

24 22.9 INSPECTION, TESTING AND

INSPECTION CERTIFICATE:

Final acceptance letter for the test certificates will be approved by the

Owner/Purchaser within 10 (Ten) days from the date of receipt of test

reports. The documents shall be

negotiated for payment along with the approval of test certificate.


follows:

Final acceptance letter for the test certificates will be approved by the Owner/Purchaser

within 3 (Three) 10 (Ten) days from the date of receipt of test reports. The documents shall

be negotiated for payment along with the

approval of test certificate.


33 Vol-I/

GCC

27 28.1 LIABILITY FOR DAMAGE TO

PLANTS OR WORKS:

Under the Contract, the Contractor shall be responsible for loss or damage

to the plant and plant equipment until taking over of the plant by Purchaser.


follows:

Under the Contract, the Contractor shall be responsible for loss or damage to the plant

and plant equipment until taking over of the plant by Purchaser except for the reasons

attributable to the employer, other

Contractors and Force Majeure.





17

34 Vol-I/

GCC

28 33 RIGHT TO USE UNSATISFACTORY

EQUIPMENT OR MATERIALS:

If after delivery, acceptance and

installation and within the guarantee

period the operation or use of an item proves to be unsatisfactory to the

Owner/Purchaser and fails to meet the requirements of specifications under

which it was purchased, he shall have the right to continue to operate or use

such items until correction of defects

by repair or replacement can be made by the seller without interfering with

the Owner/Purchaser's operations. The Purchaser shall intimate the Contractor

of such occurrence.

We request Owner to reword the clause as

follows:

If after delivery, acceptance and installation

and within the guarantee period the operation

or use of an item proves to be unsatisfactory to the Owner/Purchaser and fails to meet the

requirements of specifications under which it was purchased, the Purchaser shall

immediately intimate the Contractor of such occurrence and shall stop operating or using

such items until correction of defects by repair

or replacement can be made by the seller without interfering with the

Owner/Purchaser's operations.


35 Vol-I/

GCC

29 34.4 WARRANTY

The replaced new parts shall be

furnished and erected free of cost by the Contractor. If any repair is carried

out on his behalf at the site, the Contractor shall bear the cost for such

repair.


follows:

The replaced new parts shall be furnished and erected free of cost by the Contractor. If any

repair is carried out on his behalf at the site, the Contractor shall bear the cost for such

repair. However contactor request to kindly discuss and mutually agree the rates before

carrying out any such work.


36 Vol-I/

GCC

33 41.2 Contractor's Obligations and

Tasks:


follows:


specification.




18

The Contractor shall provide free medical services to the Owner’s

personnel, but excluding dentistry,

buying glasses and tonic medicines.

The Contractor shall provide free medical services on chargeable basis to the Owner’s

personnel, but excluding including dentistry,

buying glasses and tonic medicines.

37 Vol-I/ GCC

37 49 Completion of Contract:

Unless otherwise terminated under the provisions of any other relevant clause,

this contract shall be deemed to have been completed at the conclusion of

the guarantee period as provided for under the Clause 43.0 entitled

'Guarantee' in this section and

completion of all the contractual obligations whichever is later.

We request Owner to modify the clause as follows:

Unless otherwise terminated under the

provisions of any other relevant clause, this contract shall be deemed to have been

completed at the completion of trial operation. conclusion of the guarantee period as

provided for under the Clause 43.0 entitled

'Guarantee' in this section and completion of all the contractual obligations whichever is

later.


specification.

38 Vol-I/

GCC

38 51.4 &

51.5

CO-OPERATION WITH OTHER

CONTRACTORS

Receipt of such copies by the

Owner/Purchaser shall not imply

approval of the contents thereof unless such approval is given in writing, and

shall not relieve the respective Contractors of the obligation of

supplying between them everything within the scope of their contract

necessary for the proper operation of

We request Owner to reword the clause as

follows:

a) It is kindly requested from the Employer

to provide the approved & final copies of the

document to avoid any confusion at the execution stage.

b) Neither Contractor shall submit to

Owner/Purchaser for approval any drawings or proposals which affect the other





19

the plant.

Neither Contractor shall submit to Owner/Purchaser for approval any

drawings or proposals which affect the

other Contractor unless he has obtained prior written agreement from

the other Contractor.

Contractor unless he has obtained prior

written agreement from the other Contractor. However the contractor shall not be liable for

any changes carried out by other contractor and in case contractors work is affected due

to these changes, contractor shall be suitably compensated with cost and schedule

changes.

39 Vol-I/ GCC

39 53.4 All the mandatory spares covered under the Contract shall be produced along

with the main equipment as a

continuous production and the delivery of the spares shall be effected along

with the main equipment in a phased manner and the delivery shall be

completed by the respective dates for

the various categories of the equipment as per the agreed schedule.

Bidder shall make best efforts to produce the mandatory spares along with main

equipment, however, it may not be

practical/feasible to do so in all the cases This aspect can be discussed at the pre-

award stage.


specification.

40 Vol-I/

GCC

39 53.6 The Contractor shall provide the

Purchaser with manufacturing drawings, material Specifications,

catalogues, assembly drawings and

any other document required by the Purchaser so as to enable the

Purchaser to identify the recommended spares. Such details

shall be furnished to the Purchaser as soon as they are prepared but in any

case not later than six (6) months

after the date of LOI.


follows:

The Contractor shall provide the Purchaser with manufacturing drawings, material

Specifications, catalogues, assembly drawings and any other document required by the

Purchaser so as to enable the Purchaser to

identify the recommended spares. Such details shall be furnished to the Purchaser as

soon as they are prepared but in any case not later than six (6) months after the date of





20

LOI.

41 Vol-I/

GCC

40 53.11 The contractor shall provide the owner

with a ‘directory’ giving the addresses and other particulars of his sub-

contractors. The Owner, if he so desires, shall have the right to procure

the spares directly from sub-

contractor.


follows:

The contractor shall provide the owner with a

‘directory’ giving the addresses and other

particulars of his sub-contractors. The Owner, if he so desires, shall have the right to procure

the spares directly from sub-contractor. However in case of direct procurement during

Warranty Period, Contractors liability &

warranty shall be void.

Noted and Agreed.

42 Vol-I/ GCC

42 63.0 First Fill of Oil, Lubricants ETC.

Apart from the first fill of lubricants, additional 10% of first fill of oils,

lubricants and essential chemicals,

etc., which will be required to commission the equipment covered

under the scope of Specification shall be furnished by the Vendor/Contractor

unless specifically excluded under the

exclusions in these specifications and documents.


Contractor shall provide sufficient Apart from

the first fill of lubricants, additional 10% for first fill of oils, lubricants and essential

chemicals, etc., Apart from the first fill of lubricants, which will be required to

commission the equipment covered under the

scope of Specification shall be furnished by the Vendor/Contractor unless specifically

excluded under the exclusions in these specifications and documents.


specification.

43 Vol-I/

GCC

42 64.1 Manufacturing Schedule:

The Vendor/Contractor shall submit to the Engineer, his manufacture and

schedules for all equipment within


follows:





21

(30) thirty days from the date of

acceptance of the ‘Letter of Intent’. Such schedules shall be in line with

the detailed network for all phases of the work of Vendor/Contractor. Such

schedules shall be reviewed, updated and submitted to the Engineer once in

a month thereafter by the

Vendor/Contractor to ensure contracted delivery schedule of supply

erection & commissioning.

The Vendor/Contractor shall submit to the

Engineer, his manufacture and schedules for all equipment within (60) sixty (30) thirty days

from the date of acceptance of the ‘Letter of Intent’. Such schedules shall be in line with

the detailed network for all phases of the work of Vendor/Contractor. Such schedules shall be

reviewed, updated and submitted to the

Engineer once in a two months thereafter by the Vendor/Contractor to ensure contracted

delivery schedule of supply erection & commissioning.

44 Vol-I/

GCC

44 71.1 Design Coordination:

The Vendor / Contractor shall be responsible for the selection and

design of appropriate equipment to provide the best coordinated

performance of the entire system. The

basic design requirements are detailed out in the ‘Specification’. The design of

various components, sub-assemblies and assemblies shall also be done, so

that it facilitates easy field assembly

and maintenance, and the natural frequency of the complete unit is not

critical at or close to the operating range of the unit.


follows:

The Vendor / Contractor shall be responsible

for the selection and design of appropriate equipment to provide the best coordinated

performance of the entire system. The basic design requirements are detailed out in the

‘Specification’. The design of various components, sub-assemblies and assemblies

shall also be done, so that it facilitates easy

field assembly and maintenance, and the natural frequency of the complete unit is not

critical at or close to the operating range of the unit.


specification.

45 Vol-I/

GCC

44 68.1 Tests…………………………………Bidder

shall specifically state whether tests

are included in equipment costs or Chargeable basis. The Schedule 18.0

If type / special test has already been

conducted and certificate is available for any

similar equipment then type tests will not be conducted on the equipment. However Type


specification.




22

has to be filled in by the Bidder. If the

bidder has not mentioned anything about this then it shall be construed

that charges for the tests will be borne by the bidder and included in

equipments costs.

test certificates not older than 5 years from

the date of bid opening shall be submitted for Owner review. Please confirm.

46 Vol-I/ GCC

81.2.3 81.2 PURCHASER-INITIATED CHANGES IN WORK

If before or during the preparation of

the change proposal it becomes

apparent that the aggregate effect of compliance therewith and with all the

change orders that have already become binding upon the contractor

under this GCC clause 81.0 would be

to increase or decrease the contract price as originally set forth in the

Contract agreement by more than fifteen (15) percent, the contractor

may give a written notice of objection thereto prior to furnishing the change

proposal as


If before or during the preparation of the

change proposal it becomes apparent that the aggregate effect of compliance therewith and

with all the change orders that have already become binding upon the contractor under

this GCC clause 81.0 would be to increase or

decrease the contract price as originally set forth in the Contract agreement by more than

ten (10) fifteen (15) percent, the contractor may give a written notice of objection thereto

prior to furnishing the change proposal as


specification.

47 Vol-I/

ECC

14 25 PAINTING:

All exposed metal parts of the

equipment including piping, structures, railings etc. wherever

applicable, after installation unless otherwise surface protected, shall be

first painted with at least one coat of suitable primer which matches the

shop primer paint used, after

thoroughly cleaning all such parts of all dirt, rust, scales, greases, oils and

other foreign materials by wire

We understand that the painting of the equipment including piping, structures, railings

etc. shall be as per the painting scheme as

specified elsewhere in the contract. Please confirm. Bidder shall follow the

specification. The more stringent

requirement mentioned in the

specification shall apply.




23

brushing, scraping or sand blasting,

and the same being inspected and approved by the engineer for painting.

Afterwards, the above parts shall be finished with two coats of alloyed resin

machinery epoxy paints. The quality of the finish paint shall be as per the

Indian Standards or equivalent and to

be of the colour as approved by the Engineer.

48 Vol-I/

SCC

13 11.2 &

11.3

After issuance of Letter of Intent

(LOI), the contractor shall submit to the Owner, the detailed quality plans

to be followed during manufacture of all major equipment.

The details of the quality assurance / quality checks envisaged by the

Contractor during manufacturing of the equipment supplied by him or

procured through his sub-vendors / sub-contractors shall be detailed out in

the quality plans to be submitted by

the Contractor.

We would like to inform that approval of QAPs

shall be as per QA Programme i.e. only category A items QAPs shall be submitted to

client for approval , Category B items shall be approved by bidder & shall be submitted to

client for information, For Category C items

COC shall be submitted, For Category IBR QAP shall be approved by bidder & submitted

for clients information. IBR items will be accepted based on IBR certification. Please

confirm.

The bidders request can be taken up only post award.

49 Vol I/ ITB

Annexure

1.1

39 1.2 The bidder/ Consortium must submit

the ‘End User‘ certificate along with

relevant information regarding

financial and commercial particulars in

the appropriate columns of Annexure-5

and the details regarding his

experience to meet the qualification.

TANGEDCO may kindly note that the Bidder,

the qualified steam generator manufacturer,

the qualified steam turbine manufacturer and

the qualified generator manufacturer have

end user certificates already issued by the end

users which are being used by the Bidder in

various tenders for meeting qualification

requirements. The content of these end user

certificates captures the details as required as

per Annexure-5.

Bidder request is acceptable

provided bidder ensures that the

required information sought in

the Annexure 5 are made

available in the end user

certificate.




24

We therefore request TANGEDCO to allow

submission of the existing end user certificates

along with Annexure-5 duly filled in by the

Bidder. Kindly confirm.

50 Vol I/ ITB

Annexure

1.1

39 1.1

1.2

The above said documents may be

legalized by the local authorities

(attested by Notary Public) / Chamber

of commerce at the place of issue and if

such documents were issued in abroad

then they must be authenticated by

Indian Consulate/ Embassy in the

respective countries.

Bidder shall furnish the complete details

such as name of person, designation,

contact postal address, Email address,

Telephone No etc of the client

personnel who have issued the end

user/ experience certificate along with a

copy of the certificate duly

authenticated by the Indian

Consulate/Embassy in the respective

countries to enable the Purchaser to

verify and obtain confirmation directly.

We will like to bring to TANGEDCO’s notice

that in NTPC tenders the requirement of

authentication of Bid submittals by Indian

Consulate/ Embassy in the country of origin of

the submittals is only required in case of

English translated documents.

Considering that the authentication process by

Indian Embassy may take time and

considering short time duration available for

Bid submission, we request that the

requirement with respect to authentication by

Indian Embassy in respective countries should

be limited to those documents which are

translated in English.


specification.

51 Vol I/

GTCC

46 79.2 In case of Bought out items, the price

should be inclusive of all taxes and

duties and it is to be noted that no

statutory variation will be paid on

We understand that any no statutory

variation will be paid on bought out items by

TANGEDCO. As per prevailing taxes & duties,

Bidder will have to consider Excise Duty

Bidder to follow the specification

TANGEDCO shall not pay any

variation of Taxes and duties in

respect of bought out items




25

bought out items by the purchaser. @12.5% and CST @ 2% against Form C (as

sale-in –transit is allowed as per Clause 13.6

of ITB) ) for all the transactions related to

bought out items. We also understand that

the Central and various State Governments

endeavor to implement GST by April, 2016

and the GST rate is expected to be not less

than 20%.

This implies that the Bidder will have to take

a substantial hit on account of statutory

variation on bought out items as and when

GST gets implemented.

As per contemporary tenders of NTPC,

UPRVUNL, etc. we request TANGEDCO to

provide provision in the Tender for

reimbursement of statutory variation on

taxes and duties on bought out items on

account of implementation of GST. Kindly

refer to Annexure 1 which contains clause on

Statutory Variation, with respect to bought

out items, covering introduction of GST from

NTPC Khargone 2x660 MW tender.

under any circumstances.

Regarding implementation of

GST if notified by GOI, the same

will be treated as per change in

law.

52 Vol I/Sec

5

52/1

46

Annexure-8

Proforma-5

(Paragraph-

1)

This DEED OF UNDERTAKING

executed this………day of…………….Two

Thousand……by M/s.

………………………………………a Company

incorporated

under…………………………………………

………having its Registered office

Since, the underlined term “Associate” cannot

be found anywhere else in the entire Deed of

Joint Undertaking, we understand the same is

being referred to “Qualified Steam Generator

Manufacturer”.




26

at……………………………………………….

(hereinafter called the “Associate,

which expression shall include its

successors, administrators executors

and permitted

assigns)…………………………

In view of the above, we request TANGEDCO

to modify the paragraph as follows:

This DEED OF UNDERTAKING executed

this………day of…………….Two


………………………………………a Company

incorporated

under…………………………………………

………having its Registered office

at……………………………………………….

(hereinafter called the “Associate” or

“Qualified Steam Generator

Manufacturer”, which expression shall

include its successors, administrators

executors and permitted

assigns)…………………………

Bidder may refer the first para

of the proforma.

Associate implies Qualified

Steam Generator Manufacturer

and auxiliaries.

53 Vol I/Sec

5

59/1

46

Annexure-8

Proforma-6

(Paragraph-

1)




………………………………………a Company

incorporated

under………………………………………………

…… having its Registered office

at……………………………………………….(he

reinafter called the “Associate, which

expression shall include its successors,

administrators executors and permitted

Since, the underlined term “Associate” cannot

be found anywhere else in the entire Deed of

Joint Undertaking, we understand the same is

being referred to “Qualified Steam Turbine

Generator Manufacturer”.






………………………………………a Company

Bidder may refer the first para

of the proforma.

Associate implies Qualified

Steam Turbine Generator

Manufacturer and auxiliaries.




27

assigns)………………………….. incorporated

under……………………………………………………

having its Registered office

at……………………………………………….(hereinaf

ter called the “Associate” or “Qualified

Steam Turbine Generator

Manufacturer” , which expression shall

include its successors, administrators

executors and permitted

assigns)…………………………..

54 Vol I/Sec

5

52/1

46

Annexure-8

Proforma-5

(Paragraph-

1)

…………in favour of ”Tamil Nadu

Generation and Distribution

Corporation” Registered under

Companies Act 1956 and having its

Office at NPKRR Maaligai, 144 Anna

Salai, CHENNAI – 600 002 (India)

(hereinafter called “TANGEDCO” or

“Owner” which expression shall

include its successors, administrators,

executors and assigns).

Since, the underlined terms “TANGEDCO” and

“Owner” cannot be found anywhere else in

the entire Deed of Joint Undertaking(s) both

for SG & STG, we understand the same are

being referred to “Employer”.



…………in favour of ”Tamil Nadu Generation

and Distribution Corporation” Registered

under Companies Act 1956 and having its

Office at NPKRR Maaligai, 144 Anna Salai,

CHENNAI – 600 002 (India) (hereinafter

called “TANGEDCO” or “Owner” or

“Employer” which expression shall include

its successors, administrators, executors and

assigns).

Bidder’s observation is

Accepted.

55 Vol I/Sec

5

59/1

46

Annexure-8

Proforma-6

(Paragraph-

1) Bidder’s observation is

Accepted.

56 Vol I/Sec

5

57/1

46

Annexure-8 Any dispute that may arise between

the Employer and the Qualified Steam

In line with contemporary tenders (i.e.

Tenders of NTPC, UPRVUNL, MAHAGENCO


specification.




28

Proforma-5

S.No. 10

Generator Manufacturer in connection

with this Deed of Joint Undertaking

shall be finally settled by reference to

Arbitration in with Indian Arbitrations

Act and its amendments……………..

The place of arbitration shall be

Chennai, India.

etc.) and considering that Qualified Steam

Generator Manufacturer & Qualified Steam

Turbine Generator Manufacturer are foreign

parties, we request TANGEDCO to change:

i. the Arbitration Rules from “Indian

Arbitrations Act” to “United Nations Commission on International Trade

Law (UNCITRAL) Arbitration Rules of 1976” ; and

ii. the Place of Arbitration from Chennai

to Singapore.

57 Vol I/Sec

5

64/1

46

Annexure-8

Proforma-6

S.No. 11

*Any dispute that may arise between

the Employer and *the Qualified

Steam Turbine Generator Manufacturer

in connection with this Deed of Joint

Undertaking shall be finally settled by

reference to Arbitration in accordance

with Indian Arbitrations Act and its

amendments…………. The place of

arbitration shall be Chennai, India.


specification.

58 Vol I/Sec

5

58/1

46

Annexure-8

Proforma-5

Note We understand the following Note as

provided at the end of the Proforma-6 of

Deed of Joint Undertaking for STG, shall also

be included in the Proforma-5 of Deed of

Joint Undertaking for SG. Kindly confirm.

“Note:

1 Power of Attorney of the persons signing

on behalf of each of the executants is to be furnished by bidder and to be attached

along with the signed Deed of Joint

Bidder’s understanding is

correct.




29

Undertaking.

2 * Bidder to strike out, whichever is not

applicable.”

59 Vol I/Sec

5

52/1

46

Annexure-8

Proforma-5

…..and M/s …………………………… a

Company registered under the

Companies Act 1956 having its

Registered Office

at……………………………………………………

………….(hereinafter called the

“Bidder/Contractor” which expression

shall include its successors,


assigns)

Since, BIDDER was incorporated under

Companies Act 1913 AND the Companies Act

1956 has now been superseded by

Companies Act 2013, we have modified the

paragraph as follows to make it suitable to

BIDDER’s Legal Status:

“…..and M/s …………………………… a Company

registered existing under the provisions of the

Companies Act 1956 2013 having its

Registered Office at …………………………….

(hereinafter called the “Bidder/Contractor”

which expression shall include its successors,


assigns)”

Kindly confirm if the abovementioned

modification can be made in Proforma(s) of

Deed of Joint Undertaking applicable to

BIDDER.

60 Vol I/Sec

5

59/1

46

Annexure-8

Proforma-6

Noted and agreed.




30

61 Vol I/Sec

5

53/1

46

Annexure-8

Proforma-5

S.No. 1

That in consideration of the award of

the Contract(s) by the Employer to the

Contractor, we the Contractor, the

Qualified Steam Generator

Manufacturer, *The Indian

Subsidiary/Joint Venture Company and

the *OTHER PROMOTER do hereby

declare and undertake that we shall be

jointly and severally responsible to the

Employer for the execution and

successful performance of the contract

for the scope related to Steam

Generator and auxiliaries including

satisfactory thermal performance of

Steam Generator and its auxiliaries and

achievement of all guaranteed

parameters of all the units, as specified

under the said Contract(s) to the

satisfaction of the Employer.

We request TANGEDCO to modify the

paragraph as follows:

That in consideration of the award of the

Contract(s) by the Employer to the Contractor,

we the Contractor, the Qualified Steam

Generator Manufacturer, *The Indian

Subsidiary/Joint Venture Company and the

*OTHER PROMOTER do hereby declare and

undertake that we shall be jointly and severally

responsible to the Employer for the execution

and successful performance of the contract for

the scope related to Steam Generator and

auxiliaries including satisfactory thermal

performance of Steam Generator and its

auxiliaries and achievement of all guaranteed

parameters of all the units, as specified under

the said Contract(s) to the satisfaction of the

Employer.


specification.

62 Vol I/Sec

5

60/1

46

Annexure-8

Proforma-6

S.No. 3

That in consideration of the award of

the Contract by the Employer to the

Contractor, we the Qualified Steam

Turbine Generator Manufacturer, *the

Subsidiary Company/JV Company,

OTHER PROMOTER and the Contractor,

do hereby declare and undertake that

we shall be jointly and severally liable to

the Employer for the successful

performance of the contract for the

We request TANGEDCO to modify the

paragraph as follows:

That in consideration of the award of the

Contract by the Employer to the Contractor,

we the Qualified Steam Turbine Generator

Manufacturer, *the Subsidiary Company/JV

Company, OTHER PROMOTER and the

Contractor, do hereby declare and undertake

that we shall be jointly and severally liable to


specification.




31

scope related to Steam Turbine

Generator and Auxiliaries including

turbine cycle, regenerative feed heating

& pumping system, as specified under

the said contract to the satisfaction of

Employer.

the Employer for the successful performance

of the contract for the scope related to

Steam Turbine Generator and Auxiliaries

including turbine cycle, regenerative feed

heating & pumping system, as specified under

the said contract to the satisfaction of

Employer.

63 Vol I/ ITB 9 4.1.4 (v) The subsidiary or the JV company as

the case may be, should have valid technology transfer agreement,

including license to manufacture and

supply in India, with Qualified supercritical equipment manufacturer

as described in clause 4.1.7 as the case may be ,for the type, size and

rating of the boiler/ turbine specified , valid minimum up to the end of

warranty period of the contract. The

technology transfer agreement shall necessarily cover transfer of

technological know-how in the form of complete design dossier, design

software ,drawings and

documentations, quality system manuals and imparting relevant

personnel training to the subsidiary/ JV company . Such technology

transfer agreement must have provision that the transfer of

technology to the Indian

manufacturing company shall be complete by the time eighth

660MW/800MW supercritical equipment unit is supplied by the

We understand that the eighth unit is to be

read as the last 660 MW unit to be supplied

by the bidder under this tender in line with

Proforma for Deed of Joint Undertaking

(Annexure-8) and various contemporary

central and state utility (NTPC, UPRVUNL,

etc.) tenders. Kindly Confirm.

The clause is to be read as

given in the specification.

The Indian manufacturing

company shall be complete by

the time eighth 660MW/800MW

supercritical equipment unit is

supplied by the bidder.


specification.




32

bidder.

64 Vol I/ITB

Vol I/Sec 4.0

11

4

6.0

5.1

TIME SCHEDULE

The overall project schedule for design, engineering, supply, delivery at

site, erection, testing and commissioning, conducting PG test and

handing over to the owner for

declaration of COD of 2x660 MW Udangudi Supercritical Thermal Power

Project Stage-1 at Udangudi shall be 42 months from the date of LOI for

both the units.

We wish to highlight that a complete EPC job

for a supercritical power plant requires meticulous interface engineering &

integration of various systems during execution to produce a performing power

plant. Keeping this in view & not compromising on fronts of safety, efficiency

& environmental norms and considering

challenges in this Project, we request to modify the clause as below :

“The overall project schedule for design, engineering, supply, delivery at site,

erection, testing and commissioning

including PG test Trial Operation of 2x660 MW Udangudi Supercritical Thermal Power

Project at Udangudi shall be 42 48 months for Unit-1 and 54 Months for Unit-II from the

date of LOI for both the units.”

The above suggested Project Schedule is in line with project completion schedules

provided in NTPC tenders for 2x660 MW on

EPC basis.


65 Vol I/ITB

24

16.1

Tenderers should pay an Earnest Money Deposit (EMD) of Rs.

500,00,000/- (Rupees five crores only) or US $ 800,000.The EMD specified

above should be remitted in the form

of crossed Banker’s Cheque or Demand Draft drawn in favour of

Please modify the clause as below :

Tenderers should pay an Earnest Money Deposit (EMD) of Rs. 500,00,000/- (Rupees

five crores only) or US $ 800,000.The EMD specified above should be remitted in the

form Bank Guarantee or crossed Banker’s





33

“TANGEDCO ………………. above EMD

remitted by the tenderer.

Cheque or Demand Draft drawn in

favour of “TANGEDCO ………………. above EMD remitted by the tenderer.

66 Vol I/ ITB 18 12.1 The bidder shall quote in their

proposal, lump sum firm price for the entire scope of work under single point

responsibility covered under this

specification as required in the Schedules enclosed with the Tender

Specification on Firm Price Basis for the entire contract period. The

price basis shall include all taxes and duties.

It is difficult for bidders to offer EPC turnkey

Contract on firm price basis considering the long gestation period associated with the

project and the fact that bid prices are

dependent on the movement of the commodity & labour prices which is in turn

varies due to number of macro-economic factors.

We, therefore, request Owner to consider the

variation in bid prices based on indices based formulae which can be discussed and

mutually agreed upon. (e.g. PVC formula adopted by NTPC (CPSU) is standard and is acceptable).


67 Vol I/ ITB 19 13.3 All customs duties and Levies, Excise

duty, other Duties (including Octroi duty), Sales Tax payable for

equipment, components, sub

assemblies, raw materials and any other item used for their consumption

or dispatched directly to the purchaser from their sub supplier(s) under

contract shall be indicated in clause

“Duties, Taxes and Levies” in Schedule 6 of this specification any such taxes

duties, (including excise duty and Octroi duty) levies additionally payable

will be to the Bidder’s account and no separate claim on this behalf will be

entertained by Purchaser.

We request the Owner to

All applicable taxes, duties & levies (Excise

Duty, Sales Tax, Custom Duty, Service tax, local levies, etc.) for all transactions between

Owner & Contractor as well as for all bought

out items (direct to site dispatches from Contractor’s sub-vendors to Owner), shall be

reimbursed by Owner extra at actuals. Bidder to follow the specification




34

68 Vol I/ ITB 23 14.3.1 Bidders are free to quote in foreign

currency or Indian currency or partly in foreign currency and Indian

currency. TANGEDCO will make payment for the material covered

under foreign currency at the selling price of SBI as on date of payment

provided the materials are supplied

within the stipulated period. In case of delay the payment in foreign currency

will be released as per provision in clause 14.3.2. However no ERV will be

admitted for imported portion quoted

in INR.


below:

Bidders are free to quote in foreign currency

or Indian currency or partly in foreign

currency and Indian currency. TANGEDCO will make payment for the material covered

under foreign currency at the Bill selling price of SBI as on date of payment provided the

materials are supplied within the stipulated

period. In case of delay due to reasons attributable to the Contractor the payment in

foreign currency will be released as per provision in clause 14.3.2. However no ERV

will be admitted for imported portion quoted in INR.

TANGEDCO will make payment

for the material covered under foreign currency in the

respective quoted currency provided the materials are

supplied within the stipulated

delivery schedule. In case of delay the payment in foreign

currency will be released as per provision in clause 14.3.2.

69 Vol I/ ITB 23 14.3.2 (a) When imported supplies are made beyond the accepted delivery

schedule, the payment for imported components shall be made in foreign

currency as below:

We understand that Exchange Rate Variation beyond the accepted Delivery/ Completion

Schedule in case of imported components shall be calculated based on SBI Bill selling

exchange rate as applicable on the scheduled

date of supply at site or SBI Bill selling exchange rate as applicable on the actual

date of supply at site whichever is lesser.


70 Vol I/ ITB 23 14.3.2 (b) When the foreign components of the service are completed beyond the

accepted erection completion

schedule, the payment shall be made in foreign currency as below:

We understand that Exchange Rate Variation beyond the accepted Delivery/ Completion

Schedule in case of foreign components of

the service shall be calculated based on SBI Bill selling exchange rate as applicable on the

scheduled date of supply at site or SBI Bill selling exchange rate as applicable on the

actual date of supply at site whichever is lesser.





35

71 Vol I/ ITB 25 18 The tenders should be valid for Two

Hundred and Forty (240) days from the date of tender opening. Offers with

lesser validity period are liable for rejection.


below:

The tenders should be valid for Two Hundred

and Forty (240) One Hundred and Eighty

(180) days from the date of tender opening. Offers with lesser validity period are liable for

rejection.


specification.

72 Vol I/ ITB 28 26.2 If there is discrepancy between price quoted in words and in figures, lower

of the two shall be considered.

We request Owner to modify the clause as below:

If there is discrepancy between price quoted

in words and in figures, lower of the two the

price quoted in words shall be considered.


specification.

73 Vol I/ ITB 30 30.1.1 The lump sum EPC price offered by the bidders for the entire scope of supply,

Design, Engineering, Manufacture, erection, testing and commissioning,

including Customs Duty, Excise Duty,

Sales Tax, Works Contract Tax, Service tax, Education cess, freight and

insurance (F.O.R. Destination including all taxes and duties) shall be taken as

the total base price. TNVAT shall be

excluded from Bid evaluation. In case the bidders are from Tamil Nadu and

outside Tamil Nadu, TNVAT quoted will be excluded and CST will be included

for price evaluation purpose.

To make the tender bid condition equitable to Bidders from outside Tamilnadu State, we

request Owner to modify the clause as below:

“The lump sum EPC price offered by the bidders for the entire scope of supply,

Design, Engineering, Manufacture, erection, testing and commissioning, including

Customs Duty, Excise Duty, Sales Tax, Works Contract Tax, Service tax, Education cess,

freight and insurance (F.O.R. Destination

including all taxes and duties) shall be taken as the total base price. TNVAT shall be

excluded from Bid evaluation. In case the bidders are from Tamil Nadu and outside

Tamil Nadu, TNVAT and CST quoted will be

excluded and CST will be included for price evaluation purpose.”


specification.




36

Similar provision was made available in a 1x800MW EPC tender floated by Gujarat

State Electric Corporation Ltd (GSECL) for their wanakbori project.

74 Vol I/ ITB 31 31.3 The above Security Deposit shall be

furnished within 30 days from the date of issue of the LOI failing which the

EMD paid by the bidder would be forfeited besides cancellation of

Contract. In the event of acceptance of

Security Deposit on delay, the interest at the rate of 22% for the delayed

period shall be paid by the tenderer.

We request Owner to replace the clause as

below:

The above Security Deposit shall be furnished within 30 days from the date of

issue of the LOI, in case of delay in furnishing the mentioned Security, the

interest at prime lending rate of SBI for the delayed period shall be paid by the tenderer.


75 Vol I/GCC 14 9.3 Bidder to follow the

specification.

76 Vol I/ ITB 33 37.0 In either case, the damaged or defective materials should be replaced

by the contractor free of cost to the

purchaser. If during erection, any part is found not suitable for the particular

location, it should be replaced free of cost.

Please modify the clause as below

“In either case, the damaged or defective

materials should be repaired /replaced by the

contractor free of cost to the purchaser. If during erection, any part is found not

suitable for the particular location, it should be repaired / replaced free of cost.”


77 Vol I/ ITB 33 39.1 Defective supplies prior to

commissioning of the plant shall be replaced before commissioning of the

plant and once the plant is commissioned then the warranty /

guarantee clause will be covered.


below:

“Defective supplies prior to commissioning of

the plant shall be repaired / replaced before commissioning of the plant and once the

plant is commissioned then the warranty / guarantee clause will be covered.”


78 Vol I/ ITB 33 40.0 FAILURE TO EXECUTE THE CONTRACT


below:

Contractor failing to execute the order placed





37

Contractor failing to execute the order

placed on them to the satisfaction of the Purchaser under the terms and

conditions set forth therein, will be liable to make good the loss sustained

by the Purchaser, consequent to the placing of fresh orders elsewhere at

higher rate. In the event of such

failure, the difference between the price accepted in the Contract already

entered into and the price at which fresh orders have been placed at a

later date, consequent to non-

fulfillment of the Contract will be recovered from the Contractor.

on them to the satisfaction of the Purchaser

under the terms and conditions set forth therein, will be liable to make good the loss

sustained by the Purchaser, consequent to the placing of fresh orders elsewhere at

higher rate. In the event of such failure, the difference between the price accepted in the

Contract already entered into and the price

at which fresh orders have been placed at a later date, consequent to non-fulfillment of

the Contract will be recovered from the Contractor.

specification.

79 Vol I/ ITB 34 43.1 TANGEDCO will not accept any

deviation in respect of commercial terms and conditions………have been

compiled with in every respect.

Please delete this clause. Bidder to follow the

specification.

80 Vol I/ ITB 34 44.0 DUE TO THE TANGEDCO Amount due from the Tenderer to the

TANGEDCO for default in any other

purchase will be adjusted against Security Deposit or balance amount in

the event of an order placed against this Tender. The Purchaser reserves

the right: a. To recover any dues against this

Contract in any bills, Security

Deposit, EMD of the Supplier/ Contractor either in this Contract or

other Contract with the TANGEDCO.

b. To recover any dues against any

other Contract of the Supplier/


Amount due from the Tenderer to the

TANGEDCO for default in any other purchase will be adjusted against Security Deposit or

balance amount in the event of an order

placed against this Tender. The Purchaser reserves the right:

a. To recover any dues against this Contract in any bills, Security Deposit, EMD of the

Supplier/ Contractor either in this Contract or other Contract with the

TANGEDCO.


specification.




38

Contractor with TANGEDCO, with

the available amount due to the Supplier/ Contractor against this

Contract.

b. To recover any dues against any other

Contract of the Supplier/ Contractor with TANGEDCO, with the available amount due

to the Supplier/ Contractor against this Contract.

81 Vol I/ ITB 34 46.0 Any interest on overdue payments is

not acceptable, under any

circumstances.


below:

“Interest at prime lending rate of SBI on

overdue payments shall be payable by the Purchaser for delayed duration.”


82 Vol I/ ITB 35 49.0 The despatch clearance will be normally

issued by TANGEDCO within 30 days of

the receipt of inspection report/ Test Certificates.


below:

The dispatch clearance shall be normally

issued by TENGEDCO within 30 days 15 days of the receipt of inspection report / Test

Certificate.


specification.

83 Vol I/ ITB 37 55.2 In addition, …….… quoted. The prices of these spare parts shall be on firm

price basis and shall have extended

validity not less than 24 (twenty four) months after the issue of LOI for EPC

Package. The prices …………… quoted. The Owner reserves the right for

placement of order for O & M spares

and shall order these spares within 24 (twenty four) months from the date of

placement of Letter of Intent for EPC package. These spares should be

supplied within 12 (twelve) months from the date of order for these

spares.


In addition, ……….. quoted. The prices of

these spare parts shall be on firm price basis

and shall have extended validity not less than 12 24 (twelve twenty four) months after the

issue of LOI for EPC Package. The prices …………. quoted. The Owner reserves the

right for placement of order for O & M spares and shall order these spares within 12 24

(twelve twenty four) months from the date of

placement of Letter of Intent for EPC package. These spares should be supplied as

per agreed schedule within 12 (twelve) months from the date of order for these





39

spares.

84 Vol I/ GCC

5 2.3 The several documents forming the ‘Contract’ are to be taken as mutually

explanatory of one another but in case

of ambiguities or discrepancies, the same shall be explained by the

Purchaser, who shall there-upon issue to the Vendor/Contractor instructions

directing in what manner the ‘Works’ are to be carried out. Decision of the

owner shall be binding on the

contractor.

Suggest deletion of this clause.


85 Vol I/

GCC

6 2.4 In the event of any conflict between

the documents constituting the

contract documents, the documents defining the contract shall take the

following order of precedence. Contract Agreement as per proforma

vide Annexure-9 of Section. 5

Any agreed variation between the Owner/Purchaser and the Contractor

including but not limited to minutes of negotiation, amendments if

specifications and or specifications and or special terms and conditions of the

contract and corrigendum/addendum

thereto. • General terms and Conditions of

the Contract (GCC) • Erection & Commissioning

Conditions of the Contract (ECC)

• Special Conditions of the Contract (SCC)

• Technical Specifications

All materials, literature, drawings, data


below:

In the event of any conflict between the documents constituting the contract

documents, the documents defining the

contract shall take the following order of precedence.

Contract Agreement as per proforma vide Annexure-9 of Section. 5

- LOI issued by Purchaser / Owner.

Any agreed variation between the

Owner/Purchaser and the Contractor including but not limited to minutes of

negotiation, amendments if specifications

and or specifications and or special terms and conditions of the contract and

corrigendum/addendum thereto. o Bid submitted by the Bidder

o Special Conditions of the Contract (SCC) o General terms and Conditions of the

Contract (GCC)

o Erection & Commissioning Conditions of


specification.




40

and information of any sort given by

the Contractor and approved by Owner as well as the one given by the owner

to the contractor. The Owner’s decision shall be final and binding on

the parties. Any other documents as may be required.

the Contract (ECC)

o Special Conditions of the Contract (SCC) o Technical Specifications

All materials, literature, drawings, data and

information of any sort given by the Contractor and approved by Owner as well as

the one given by the owner to the

contractor. The Owner’s decision shall be final and binding on the parties. Any other

documents as may be required.

86 Vol I/ GCC

6 3.10 "Contract Price" shall mean the lump sum price quoted by the Contractor in

his bid with additions and deletions as

may be agreed to and incorporated in the Letter of Intent for the entire

scope of the Works, which implies the all inclusive value including Customs

Duty and other Taxes &Duties,

Packing, Forwarding, Freight & Insurance charges, Interest and

Finance charges etc.,


"Contract Price" shall mean the lump sum

price quoted by the Contractor in his bid with additions and deletions as may be agreed to

and incorporated in the Letter of Intent for the entire scope of the Works, which implies

the all inclusive value including Customs

Duty and other Taxes &Duties, Packing, Forwarding, Freight & Insurance charges,

Interest and Finance charges etc.,

Noted. The words” Interest and Finance charges etc.,” stands

deleted.

87 Vol I/

GCC

7 3.17 “Codes” shall unless otherwise

specified in these contract documents

mean the applicable codes or standards of the country of origin of

materials. This shall mean the following, including the latest

amendments and/ or replacements, if

any;………..


below:

“Codes” shall unless otherwise specified in

these contract documents mean the applicable codes or standards of the country

of origin of materials. This shall mean the following, including the latest amendments

and/ or replacements as on 7 days before submission of Bid, if any;………..


specification.

88 Vol I/ 10 3.43 ‘Latent Defect’ shall mean any defects We request Owner to replace existing Bidder to follow the




41

GCC and Deficiencies or Defective work:

i) Caused by an act or omission by the Contractor that implies either

failure to pay due regard to the serious consequences that a

conscientious and responsible Contractor would normally foresee

as likely to ensure, or a willful

disregard of any consequence of any such act or omission;

ii) Would not have been disclosed by a reasonable examination prior to the

expiry of the Latent Defects period.

Temperature rise limits and losses etc. as specified at the modes of

operation, as further specified in this Contract.

definition with a new definition as below:

Latent Defects shall be the defects inherently lying within the material or arising out of

design deficiency which do not manifest

themselves during the Warranty Period.

specification.

89 Vol I/ ITB 36 54.2 The contractor shall send one copy of

the final draft contract agreement (Annexure - 9) to the Owner for his

scrutiny and approval within 90 (Ninety) days of issue of Letter of

Intent by the Owner.

These clauses are contradictory clauses, please clarify.

Bidder to follow specification. No

contradiction is seen.

Please note that the contractor shall send one copy of the final

draft contract agreement to the owner for scrutiny and approval.

On receipt of the same the

owner shall scrutinize the above agreement and suggest

corrections if any to be made.

The contractor shall carry out suggested corrections and send

one copy of the final agreement to the owner for acceptance and

execution.

90 Vol I/ GCC

14 10.1 The Owner/Purchaser after the acceptance of the ‘Letter of Intent’ by

the Vendor/Contractor will send one

copy of the final agreement to the Vendor/Contractor for his scrutiny and

approval.

91 Vol I/ 14 9.5 On any delay/failure to so extend the We request Owner to modify the clause as Bidder to follow the




42

GCC BG in advance before a month of the

validity of BG, TANGEDCO shall invoke the BG & realize the proceeds.

below:

On any delay/failure to so extend the BG in

advance before a week month of the validity of BG, TANGEDCO shall invoke the BG &

realize the proceeds.

specification.

92 Vol I/ GCC

15 11.3 The laws applicable to this contract shall be laws in force in India on the

date stipulated for receipt of the proposal. In case change in laws in

India shall affect the contract price,

any change in laws in India shall be discussed between the Purchaser and

the Contractor and compensated after mutual agreement between the

Purchaser and Contractor.

We request Owner to modify the clause as below;

The laws applicable to this contract shall be

laws in force in India on the date 7 days prior to stipulated for receipt of the proposal. In

case change in laws in India shall affect the

contract price, any change in laws in India shall be discussed between the Purchaser

and the Contractor and compensated after mutual agreement between the Purchaser

and Contractor.


specification.

93 Vol I/

GCC

16 13.1 PATENT RIGHTS AND ROYALTIES

Royalties and fees for patents covering materials, articles, apparatus, devices

equipments or processes used in the works shall be deemed to have been

included in the contract price. The

contractor shall satisfy all demands that may be made at any time for

such royalties or fees and he alone shall be liable for any damages or

claims of patent infringements and shall keep the Purchaser indemnified

in that regard. The contractor shall, at

his own cost and expense, defend all units or proceedings that may be

instituted for alleged infringement of any patents involved in the works and

We request Owner to modify the following at

the end of the clause:

Royalties and fees for patents covering materials, articles, apparatus, devices

equipments or………. the contractor shall, at his option, the right to continue use of said

apparatus, equipment, or part thereof, replaces it with non-infringing apparatus or

remove the equipment and refund the

purchase price plus transportation and installation cost thereof.

The Owner shall indemnify and hold harmless

the Contractor and its employees, officers and Subcontractors from and against any


specification.




43

in case of an award of damages, the

contractor shall pay for such award. In the event of any suit or other

proceedings instituted against the Purchaser, the same shall be defended

at the cost and expenses of the contractor who shall also

satisfy/comply any decree, order or

award made against Purchaser. But it shall be understood that no such

machine, plant work material or thing has been used by the Purchaser for

any purpose or any manner other than

that for which they have been furnished and installed by the

Contractor and specified under these specification, final payment to the

Contractor by the Purchaser will not

be made while any such suit or claim remains unsettled. In the event of any

apparatus or equipment, or any part thereof furnished by the contractor is

in such suit or proceedings held to constitute infringement and its use is

enjoined, the contractor shall, at his

option, the right to continue use of said apparatus, equipment, or part

thereof, replaces it with non-infringing apparatus or remove the equipment

and refund the purchase price plus

transportation and installation cost thereof.

and all suits, actions or administrative

proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever

nature, including attorney’s fees and expenses, which the Contractor may suffer

as a result of any infringement or alleged infringement of any patent, utility model,

registered design, trademark, copyright or

other intellectual property right registered or otherwise existing at the date of the Contract

arising out of or in connection with any design, data, drawing, specification, or other

documents or materials provided or designed

by or on behalf of the Owner.

94 Vol I/ GCC

16 14.1 The Contractor shall so organise his resources and perform his work as to

complete it not later than the date






44

agreed to.

The Contractor shall so organize his resources and perform his work as to complete it not

later than the date agreed to, plus any time

extension agreed between the Contractor and Purchaser.

95 Vol I/

GCC

17 14.2 The Contractor shall submit detailed

PERT network and shall discuss the network so submitted with the Owner

of the agreed network which may be in

the form as submitted or in revised form in line with the outcome of

discussions shall form part of the Contract to be signed within 4 weeks

from the date of LOI/ L2 schedule.


below:

The Contractor shall submit detailed PERT network and shall discuss the network so

submitted with the Owner of the agreed network which may be in the form as

submitted or in revised form in line with the

outcome of discussions shall form part of the Contract to be signed within 120 days 4 weeks

from the date of LOI/ L2 schedule.


specification.

96 Vol I/

GCC

17 16.1 All items are to be delivered to

destination with the time specified in the contract. Destination of delivery

shall be on Free on Road (FOR) Destination Udangudi Supercritical

Thermal Power Project Stage-1, Tamil Nadu.


below:

All items are to be delivered to destination

within the time specified in the contract.

Destination of delivery shall be on Free on Road (FOR) Destination Udangudi

Supercritical Thermal Power Project Stage-1, Tamil Nadu.

Noted and agreed.

97 Vol I/

GCC

22 20.5 Any loss or damage to the equipment

during handling,

transportation…………..The Contractor


below: Bidder to follow the

specification.




45

shall also inform the Purchaser in

writing at least sixty (60) days in advance regarding the expiry/

cancellation and / or ………etc. as may be necessary will in time.

Any loss or damage to the equipment during

handling, transportation…………..The Contractor shall also inform the Purchaser in

writing at least sixty (60) twenty one (21) days in advance regarding the expiry/

cancellation and / or ………etc. as may be necessary will in time.

98 Vol I/ GCC

22 22.3 The Contractor shall give the Owner/Purchaser/Inspector fifteen

(15) days notice by telex or Fax of any material being ready for testing. Such

tests shall be to the contractor's account including the expenses of the

Inspector towards all local transport,

living and other incidental expenses including the cost of international

passage to and fro. The Owner/Purchaser/Inspector, unless the

inspection of the tests is virtually

waived, shall attend such tests within thirty (30) days from the date on

which the equipment is notified as being ready for inspection/witnessing

of test, failing which, the Contractor

may proceed with the tests which shall be deemed to have been made in the

Inspector's presence and he shall forthwith forward to the Inspector duly

certified copies of the test results in triplicate.


The Contractor shall give the

Owner/Purchaser/Inspector fifteen (15) days notice by telex or Fax of any material being

ready for testing. Such tests shall be to the contractor's account including the expenses

of the Inspector towards all local transport,

living and other incidental expenses including but excluding boarding & lodging expenses

and the cost of international passage to and fro. The Owner/Purchaser/Inspector, unless

the inspection of the tests is virtually waived,

shall attend such tests within fifteen thirty (15 30) days from the date on which the

equipment is notified as being ready for inspection/witnessing of test, failing which,

the Contractor may proceed with the tests which shall be deemed to have been made in

the Inspector's presence and he shall

forthwith forward to the Inspector duly certified copies of the test results in triplicate.


99 Vol I/ GCC

24 23.1 The Contractor shall indemnify and save harm to the Purchaser against all

sections, suits, claims, demands, cost of expenses arising in connection with


below:

The Contractor shall indemnify and save harm


specification.




46

injuries suffered, prior to the date when

the works or plant shall have been taken over, by the Purchaser by person

employed by the Contractor or his sub-contractor on the works whether under

the general law or under the workmen’s compensation Act, 1923, or any other

statute in force on the date of the

contract, dealing with question of liability of employer for injuries suffered

by employees and to have taken steps properly to insure against any claims

there under.

to the Purchaser against all sections, suits,

claims, demands, cost of expenses arising in connection with the supply and installation of

the Works and by reason of the gross negligence of the Contractor or its

Subcontractors, or their employees, officers or agents, except any injury, death or property

damage caused by the negligence of the

Purchaser, its contractors, employees, officers or agents, prior to the date when the works or

plant shall have been taken over.

100 Vol I/

GCC

25 23.4 In the event of an accident …………The

opinion of the Owner shall be final in regard to all matters arising under this

clause and will not be subject to any arbitration.

Suggest deletion of this clause. Bidder to follow the

specification.

101 Vol I/ GCC

24 23.0 LIABILITY FOR ACCIDENTS TO PERSONS

New Clause

Please add as clause 23.7

The Purchaser shall indemnify and hold

harmless the Contractor and its employees,

officers and Subcontractors from any liability for loss of life or damage to property of the

Purchaser, other than the Works not yet taken over, that is caused by fire, explosion

or any other perils, in excess of the amount

recoverable from insurances procured, provided that such fire, explosion or other

perils were not caused by any act or failure of the Contractor.


specification.




47

102 Vol I/

GCC

22 24.1 Time is the essence of the contract. If

the Contractor fails to perform the work within the time specified in the

contract or any extension thereof the Company shall recover from the

Contractor as liquidated damages a sum of half percent (0.5%) of the total

contract price for each completed

week of delay. However, the total liquidated damages shall not exceed

10% of the total contract value. This clause shall be read along with clauses

6.3 and 6.4 of Section-4 Vol-1.


below:

Time is the essence of the contract. If the

Contractor fails to perform the work within

the time specified in the contract or any extension thereof the Company shall recover

from the Contractor as liquidated damages a sum of half percent (0.5%) of the total

contract price for each Unit for each

completed week of delay. However, the total liquidated damages shall not exceed 10%

5% of the total contract value for each Unit. This clause shall be read along with clauses

6.3 and 6.4 of Section-4 Vol-1. For purpose of this Clause total Contract Price for each

Unit shall be considered as 50% of total

Contract Price.


specification.

103 Vol I/ SCC

5 6.4 The defaulting contractors should be made liable to pay to the TANGEDCO

in addition to liquidated damages for

delay, the actual difference in price, wherever TANGEDCO orders the

delayed quantity to be supplied/executed by other agencies at

a higher rate.

In line with standard industry practice we request Owner that the Liquidated Damages

shall be the sole liability of the Contractor in

case of delay and therefore request deletion of the clause.


104 Vol I/

SCC

5 6.2 The recommended spares for three

years O&M for each unit is to be supplied by the Supplier as stipulated

in ………….. the Owner shall recover as liquidated damages, a sum of ½%

(half percent) of the contract price of spares for each completed week of

delay subject to a maximum of 10%


below:

The recommended spares for three years

O&M for each unit is to be supplied by the

Supplier as stipulated in ………….. the Owner shall recover as liquidated damages, a sum

of ½% (half percent) of the contract price of spares for each completed week of delay





48

(ten percent) of contract price for the

spares. The contract price to be used here will be construed as the contract

price shown separately for the spares. Liquidated damages for ………. Letter

of intent.

subject to a maximum of 10% (ten percent)

5% (five percent) of contract price for the spares. The contract price to be used here

will be construed as the contract price shown separately for the spares. Liquidated

damages for ………. Letter of intent.

105 Vol I/

GCC

25 25.1 If the Contractor shall neglect to

execute the works with due diligence and expedition or shall refuse or

neglect to comply with any reasonable orders given to him in writing by the

Owner/Purchaser in connection with the works or shall contravene the

provisions of the Contract, the

Owner/Purchaser may give notice in writing to the Contractor to make good

the failure, neglect or contravention complained of. Should the Contractor

fail to comply with the notice within

thirty (30) days from the date of service thereof , then and in such case

the Owner/Purchaser shall be at liberty to execute such part of the work as

the Contractor may have neglected or

if the Owner/Purchaser shall think fit, it shall be lawful for him ,without

prejudice to any other right he may have under the Contract to take the

works wholly or in part out of the Contractor's hands and re-contract

with any other person or persons to

complete the works or any part thereof and in that event the Owner/Purchaser

shall have free use of all Contractors equipments that may have been at the


below;

If the Contractor shall neglect to execute the

works with due diligence and expedition or

shall refuse or neglect to comply with any reasonable orders given to him in writing by

the Owner/Purchaser in connection with the works or shall contravene the provisions of

the Contract, the Owner/Purchaser may give

notice in writing to the Contractor to make good the failure, neglect or contravention

complained of. Should the Contractor fail to comply with the notice within thirty (30) days

from the date of service thereof , then and in

such case the Owner/Purchaser shall be at liberty to execute such part of the work as

the Contractor may have neglected or if the Owner/Purchaser shall think fit, it shall be

lawful for him ,without prejudice to any other right he may have under the Contract to take

the works wholly or in part out of the

Contractor's hands and re-contract with any other person or persons to complete the

works or any part thereof and in that event the Owner/Purchaser shall have free can use

of all Contractors equipments that may have

been at the time on the site in connection with the works by paying . The Owner shall


specification.




49

time on the site in connection with the

works without being responsible to the Contractor for wear and tear thereof

and to the exclusion of any right of the Contractor over the same and the

Owner/Purchaser shall be entitled to retain and apply any balance which

may otherwise be due on the

Contractor by him to the Contractor or such part there-of as may necessary,

to the payment of the cost of executing a part thereof as aforesaid

shall exceed the balance due to the

Contractor, the Contractor shall pay such excess. Such payment of excess

amount shall be independent of the liquidated damages for delay which the

Contractor shall have to pay if the

completion of works is delayed.

be without being responsible to the

Contractor for wear and tear thereof and to the exclusion of any right of the Contractor

over the same and the Owner/Purchaser shall be entitled to retain and apply any

balance which may otherwise be due on the Contractor by him to the Contractor or such

part there-of as may necessary, to the

payment of the cost of executing a part thereof as aforesaid shall exceed the balance

due to the Contractor, the Contractor shall pay such excess. Such payment of excess

amount shall be independent of the

liquidated damages for delay which the Contractor shall have to pay if the completion

of works is delayed.

106 Vol I/ GCC

26 26.0 OUTBREAK OF WAR

Please replace the reference clause with the following:

26.1“War Risks” shall mean any of the

following events occurring or existing in or near the country (or countries) where the

Site is located:

(a) war, hostilities or warlike operations (whether a state of war is declared or not),

invasion, act of foreign enemy and civil war

(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government,

conspiracy, riot, civil commotion and terrorist

acts, and





50

(c) any explosion or impact of any mine,

bomb, shell, grenade or other projectile, missile, munitions or explosive of war.

26.2 Notwithstanding anything contained in

the Contract, the Contractor shall have no liability whatsoever for or with respect to

(a) destruction of or damage to Facilities,

Plant & Equipment, or any part thereof

(b) destruction of or damage to property of the Employer or any third party

(c) injury or loss of life

if such destruction, damage, injury or loss of

life is caused by any War Risks, and the Employer shall indemnify and hold the

Contractor harmless from and against any and all claims, liabilities, actions, lawsuits,

damages, costs, charges or expenses arising

in consequence of or in connection

with the same.

26.3 If the Works or any Plant and

Equipment or Contractor’s Equipment or any

other property of the Contractor used or intended to be used for the purposes of the

works shall sustain destruction or damage by reason of any War Risks, the Employer shall

pay the Contractor for

(a) any part of the works or the Plant and Equipment so destroyed or damaged (to the

extent not already paid for by the Employer)




51

(b) replacing or making good any

Contractor’s Equipment or other property of the Contractor so destroyed or damaged so

far as may be required by the Employer, and as may be necessary for

completion of the Works,

(c) replacing or making good any such

destruction or damage to the Works or the Plant and Equipment or any part thereof.

If the Employer does not require the

Contractor to replace or make good any such destruction or damage to the Facilities, the

Employer shall either request a change in

accordance with GCC Clause 81, excluding the performance of that part of the works

thereby destroyed or damaged or, where the loss, destruction or damage affects a

substantial part of the Facilities, shall

terminate the Contract.

26.4 Notwithstanding anything contained in

the Contract, the Employer shall pay the

Contractor for any increased costs or incidentals to the execution of the Contract

that are in any way attributable to, consequent on, resulting from, or in any way

connected with any War Risks, provided that

the Contractor shall as soon as practicable notify the Employer in writing of any such

increased cost.

26.5 If during the performance of the Contract any War Risks shall occur that

financially or otherwise materially affect the




52

execution of the Contract by the Contractor,

the Contractor shall use its reasonable efforts to execute the Contract with due and proper

consideration given to the safety of its and its Subcontractors’ personnel engaged in the

work on the Plant/Works, provided, however, that if the execution of the work on the

Plant/Works becomes impossible or is

substantially prevented for a single period of more than sixty (60) days or an aggregate

period of more than one hundred and twenty (120) days on account of any War Risks, the

parties will attempt to develop a mutually

satisfactory solution, failing which the dispute will be resolved in accordance with Contract.

26.6 In the event of termination, the rights

and obligations of the Employer and the Contractor shall be specified in the GCC 30.0,

except that the Contractor shall have no entitlement to profit in respect of any

unexecuted Works as of the date of

termination.

107 Vol I/ GCC

26 27.1 Force Majeure is herein defined as any cause which is beyond the control of

the Contractor/ Supplier/ Seller or Owner/Purchaser as the case may be

which they could not foresee or with a

reasonable amount of diligence could not have been foreseen and which

substantially affect the performance of the "Contract" such as:


Force Majeure is herein defined as any cause

which is beyond the control of the Contractor/ Supplier/ Seller or

Owner/Purchaser as the case may be which

they could not foresee or with a reasonable amount of diligence could not have been

foreseen and which substantially affect the performance of the "Contract" such as but

not limited to:


specification.




53

108 Vol I/

GCC

26 27.1 d) Transportation delay due to force

majeure (condition as mentioned in (a) & (f))


below:

Transportation delay due to force majeure

(condition as mentioned in (a) to & (f))


specification.

109 Vol I/

GCC

26 27.2 The Contractor or the

Owner/Purchaser shall not be liable for delays in performing his obligations

resulting from any force majeure cause as referred to and/or defined above.


below:

The Contractor or the Owner/Purchaser shall not be liable for delays in performing his

obligations resulting from any force majeure cause as referred to and/or defined above.

Time for completion of project will be

extended accordingly.


110 Vol I/ GCC

26 27.3 If the performance in whole or part by the Vendor/Contractor or any

obligations under the Contract is prevented or delayed by "Force

Majeure" condition for the continued

or aggregated period of exceeding 120 days, the Purchaser may at his option

terminate the Contract by notice in writing.


If the performance in whole or part by the

Vendor/Contractor/ Owner or any obligations under the Contract is prevented or delayed

by "Force Majeure" condition for the

continued or aggregated period of exceeding 120 days, the Purchaser and/or the

Contractor may at his their option terminate the Contract by notice in writing.


111 Vol I/

GCC

26 27.0 FORCE MAJEURE

New clause

Please add as clause no. 27.4

“Force Majeure shall not apply to any

obligation of the Owner / Purchaser to make payments to the Contractor herein.”


112 Vol I/ GCC

27 28.4 Until the work shall be deemed to be taken over as aforesaid, the Contractor

shall also be liable for and shall



specification.




54

indemnify the Purchaser in respect of

all damage or injury to any person or to any property of the Purchaser or of

others occasioned by Act of the Contractor or his work men or his sub-

Contractors or by defective design, work or material but not due to cause

beyond his reasonable control.

Provided that the Contractor shall not be eligible under the contract for any

loss of profit or loss of contracts or any claims made against the Purchaser not

already provided for in the contract,

nor for any damage or injury caused by or arising from acts of the

Purchaser or of others (save as to damage by fire, as hereinafter

provided) due to the circumstances

over which the Contractor has no control nor shall his total liability for

loss, damage or injury exceed the total value of the contract.

Until the work shall be deemed to be taken

over as aforesaid, the Contractor shall also be liable for and shall indemnify the

Purchaser in respect of all damage or injury to any person or to any property of the

Purchaser or of others occasioned by Act of the Contractor or his work men or his sub-

Contractors or by defective design, work or

material but not due to cause beyond his reasonable control or the gross negligence

and willful misconduct of the Purchaser and/or Purchaser’s Engineer. Provided that

the Contractor shall not be eligible under the

contract for any loss of profit or loss of contracts or any claims made against the

Purchaser not already provided for in the contract, nor for any damage or injury

caused by or arising from acts of the

Purchaser or of others (save as to damage by fire, as hereinafter provided) due to the

circumstances over which the Contractor has no control nor shall his total liability for loss,

damage or injury exceed the total value of the contract.

113 Vol I/ GCC

27 28.5 LIABILITY FOR DAMAGE TO PLANTS OR WORKS

New Sub-clause

We request Owner to introduce new sub-clause as below:

“The Purchaser shall indemnify and hold

harmless the Contractor and its employees, officers and Subcontractors from any liability

for loss of or damage to property of the Employer, other than the Facilities not yet

taken over, that is caused by fire, explosion

or any other perils, in excess of the amount recoverable from insurances procured under





55

GCC Clause 20 (Insurance), provided that

such fire, explosion or other perils were not caused by any act or failure of the

Contractor.

114 Vol I/ GCC

27 29.1 The time for completion of the work will be extended for a period equal to

duration of the suspension and no

financial compensation will be paid for the above suspension. No idle labour

payments will be made on any account.

We request Owner to replace the clause as below:

The time for completion of the work will be

extended for a period equal to duration of the suspension plus additional time required

to remobilize, and no financial compensation

will be paid for the above suspension. No idle labour payments will be made on any

account any and all additional costs or expenses incurred by the Contractor as a

result of such suspension shall be paid by the

Purchaser to the Contractor in addition to the Contract Price.


115 Vol I/

GCC

27 29.2 The Owner/Purchaser however shall

not be responsible for any liabilities if suspension or delay is due to some

default on the part of the contractor or

his sub-contractor or any agencies outside the control of the Owner.


below:

The Owner/Purchaser however shall not be responsible for any liabilities if suspension or

delay is due to some default on the part of

the contractor or his sub-contractor or any agencies outside the control of the Owner.


specification.

116 Vol I/

GCC

28 30.3 In the event of such termination the

Contractor shall be paid compensation, equitable and reasonable dictated by

the circumstances prevalent at the

time of termination.


below:

“In the event of termination of the Contract under GCC Clause 30, the Purchaser shall

pay to the Contractor the following amounts:

(a) the Contract Price, properly attributable


specification.




56

to the parts of the Facilities executed by the

Contractor as of the date of termination

(b) the costs reasonably incurred by the

Contractor in the removal of the Contractor’s

Equipment from the Site and in the repatriation of the Contractor’s and its

Subcontractors’ personnel

(c) any amounts to be paid by the Contractor to its Subcontractors in connection with the

termination of any subcontracts, including any cancellation charges

(d) Costs incurred by the Contractor in

protecting the Facilities and leaving the Site

in a clean and safe condition.

(e) the cost of satisfying all other

obligations, commitments and claims that the

Contractor may in good faith have undertaken with third parties in connection

with the Contract and that are not covered by paragraphs (a) through (d) above.”

117 Vol I/ GCC

NEW CLAUSE 30.4 New clause required to be added in GCC

“Suspension & Termination by Contractor

a) If

i) The Purchaser has failed to pay the

Contractor any sum due under the Contract within the specified period,

has failed to approve any invoice or supporting documents without just

cause, or commits a substantial breach of the Contract, or





57

i) the Contractor is unable to carry out

any of its obligations under the Contract for any reason attributable to

the Purchaser, including but not limited to the Purchaser’s failure to provide

possession of or access to the Site or other areas or failure to obtain any

governmental permit necessary for the

execution and/or completion of the Facilities which the Purchaser is

required to obtain as per provision of the Contract or as per relevant

applicable laws of the country,

then the Contractor may give a notice to the Purchaser thereof, and if the Purchaser has

failed to pay the outstanding sum, to approve the invoice or supporting

documents, to give its reasons for

withholding such approval, or to remedy the breach within twenty-eight (28) days of such

notice, or if the Contractor is still unable to carry out any of its obligations under the

Contract for any reason attributable to the Purchaser within twenty-eight (28) days of

the said notice, the Contractor may by a

further notice to the Purchaser forthwith terminate the Contract.

The Contractor may terminate the Contract

forthwith by giving a notice to the Purchaser to that effect, if the Purchaser becomes

bankrupt or insolvent, has a receiving order issued against it, compounds with its

creditors, or, being a corporation, if a




58

resolution is passed or order is made for its

winding up (other than a voluntary liquidation for the purposes of amalgamation

or reconstruction), a receiver is appointed over any part of its undertaking or assets, or

if the Purchaser takes or suffers any other analogous action in consequence of debt.

If the Contract is terminated under above

mentioned clauses, the Purchaser shall pay

to the Contractor all payments specified in GCC Clause 30.3, and reasonable

compensation for all loss or damage sustained by the Contractor arising out of, in

connection with or in consequence of such termination.”

118 Vol I/ GCC

27 32.4 SETTLEMENT OF DISPUTES

New Sub-clause

We request Owner to introduce new sub-clause as below:

If the Contractor is dissatisfied with the Chief

Engineer’s decision, or if the Chief Engineer fails to give a decision within Fifteen (15)

days of a dispute being referred to it, then the Contractor may give a notice to the

Owner, with a copy for information to the

Chief Engineer, of its intention to commence arbitration, as hereinafter provided, as to the

matter in dispute. The Contractor shall give a notice of 7 days that he desires to proceed

with Arbitration.

Rules of procedure for arbitration proceedings:

a) In case of a foreign contractor the

arbitration proceeding shall be conducted in





59

accordance with the United Nations

Commission on International Trade Law (UNCITRAL) Arbitration Rules of 1976.

b) In case of an Indian Contractor, the

arbitration proceedings shall be conducted in accordance with Indian Arbitration and

Conciliation Act 1996.

c) In case of a foreign collaborator/associate of the contractor, the arbitration proceedings

shall be conducted in accordance with the United Nations Commission of International

Trade Law (UNCITRAL) Arbitration Rules of

1976.

The Arbitral Tribunal shall consist of three members and shall be appointed in

accordance with the said Act. The language to be used in arbitral proceedings shall be

English. The place of arbitration shall be

Chennai, India.

The award made in such arbitration shall be

final and binding and shall be enforceable in

any court of competent jurisdiction.”

119 Vol I/ GCC

29 34.0 WARRANTY We understand that by wherever Owner has mentioned Defect Liability Period it is same

as Warranty.

Bidder to follow as per

specification.

120 Vol I/

GCC

29 34.1 The Contractor shall warrant that the

equipments will be new and in accordance with the Contract

Documents and free from defects in material and workmanship for a period

of twenty four (24) calendar months


below:

The Contractor shall warrant that the

equipments will be new and in accordance

with the Contract Documents and free from


specification.




60

commencing immediately upon the

satisfactory completion of the Performance Guarantee Tests of the

Power Plant. The Contractor’s liability shall be limited to the replacement of

any defective parts in the equipment/ system under normal use and arising

solely from faulty design, materials

and/or workmanship provided always that such defective parts are repairable

at the site and are not in meantime essential in the commercial use of the

plant. Such replaced defective parts

shall be returned to the Contractor unless otherwise arranged. No repairs

or replacement shall normally be carried out by the Engineer when the

plant is under the supervision of the

Contractor’s supervisory engineers.

defects in material and workmanship for a

period of twenty four (24) twelve (12) calendar months commencing immediately

upon the satisfactory completion of the Performance Guarantee Tests of the Power

Plant. The Contractor’s liability shall be limited to the replacement of any defective

parts in the equipment/ system under normal

use and arising solely from faulty design, materials and/or workmanship provided

always that such defective parts are repairable at the site and are not in

meantime essential in the commercial use of

the plant. Such replaced defective parts shall be returned to the Contractor unless

otherwise arranged. No repairs or replacement shall normally be carried out by

the Engineer when the plant is under the

supervision of the Contractor’s supervisory engineers. The Contractor shall not be

responsible for the repair, replacement or making good of any defect or of any damage

to the parts arising out of or resulting from any of the following causes:

(a) improper operation or maintenance of the

Facilities by the Owner

(b) operation of the Facilities outside specifications provided in the Contract

(c) normal wear and tear.

121 Vol I/

GCC

29 34.3 If it becomes necessary for the

Contractor to replace or renew/ rectify

any defective portions of the plant/ defective work executed under this


below:

If it becomes necessary for the Contractor to


specification.




61

clause, the provisions of this clause

shall apply to the portions of the plant so replaced or renewed/ rectified until

the expiration of twenty four (24) months from the date of such

replacement or renewal/ rectification. If any defects are not rectified within a

reasonable time, the Engineer may

proceed to do the work at the Contractor’s risk and cost, but without

prejudice to any other rights which the Purchaser may have against the

Contractor in respect of such defects.

replace or renew/ rectify any defective

portions of the plant/ defective work executed under this clause, the provisions of

this clause shall apply to the portions of the plant so replaced or renewed/ rectified until

the expiration of twelve (12) twenty four (24) months from the date of such replacement or

renewal/ rectification. If any defects are not

rectified within a reasonable time, the Engineer may proceed to do the work at the

Contractor’s risk and cost, but without prejudice to any other rights which the

Purchaser may have against the Contractor

in respect of such defects. However, such period shall not exceed 24 months from the

date of commencement of original warranty period of the equipment.

122 Vol I/

GCC

31 40.3 It shall be accepted as an inseparable

part of the Contract with any matters

regarding material, workmanship, removal of improper work,

interpretation of the Contract drawings and Contract Specifications, the

decision of the Owner which would be

given in writing shall prevail.


below:

It shall be accepted as an inseparable part of

the Contract with any matters regarding material, workmanship, removal of improper

work, interpretation of the Contract drawings and Contract Specifications, the decision of

the Owner which would be given in writing shall prevail subject to Arbitration as per

Clause 32.4.


specification.

123 Vol I/

GCC

29 41.3 The Contractor shall arrange, at his

own cost, for training abroad as below:

a. buying round trip air ticket between

India and the place of training b. arranging lodging and boarding


below:

The Contractor Owner shall arrange, at his own cost, for training abroad as below:

a. buying round trip air ticket between India


specification.




62

including local transportation for

the Owner's personnel from their arrival abroad to the date of their

departure.

The Contractor shall arrange, at his own cost, for training within India as

below

Local transport, Boarding and Lodging for the period of training.

and the place of training

b. arranging lodging and boarding including local transportation for the Owner's

personnel from their arrival abroad to the date of their departure.

The Contractor shall arrange, at his own

cost, for training within India as below

Local transport, Boarding and Lodging for the period of training.

124 Vol I/

GCC

30 38.1 Notwithstanding contrary contained in

this clause, both legal and equitable title to all the materials, equipment

and apparatus covered by the contract

shall be passed to the Purchaser at manufacturer’s works.


below:

Notwithstanding contrary contained in this clause, both legal and equitable title to all

the materials, equipment and apparatus

covered by the contract shall be passed to the Purchaser at manufacturer’s works for

domestic goods procured on C-form basis and goods procured internally from Tamil

Nadu, title will be transferred on receipt at site. For Offshore goods the Title shall be

transferred on execution of high sea sales

agreement.


specification.

125 Vol I/ GCC

35 43.0 GUARANTEE As clause 34.0 of GCC covers Warranty obligations, we therefore request Owner to

delete clause on Guarantee.


specification.

126 Vol I/

GCC

37 46.0 LIMITATIONS OF LIABILITIES

46.1 Under the contract, the contractor shall be responsible

for any loss or damage to the

Please replace clause 46.0 with,

“Except in cases of criminal negligence or willful misconduct,





63

plant until the plant is taken

over by the Owner in accordance with the contract. The contractor

shall be responsible for making good the damage or loss by way

of repairs and or replacement of the portion of the works

damaged or lost. The transfer of

title shall not in any way relieve the contractor of the above

responsibilities. 46.2 Except in respect of latent

defects, liability, the long terms

availability of spares and other specific liabilities identified in the

Contract, the Contractor shall be released from his liabilities under

the Contract at the end of the

warranty period. The Contractor shall be released from his

liability in respect of latent defects on expiry of Twenty four

(24) months after successful completion of performance test

of the respective unit/ plant.

46.3 Provided that the Contractor shall not be eligible under the

contract for any loss of profit or loss of contracts or any claims

made against the Purchaser not

already provided for in the contract, nor for any damage or

injury caused by or arising from acts of the Purchaser or of

others (save as to damage by fire, as hereinafter provided) due

a) the Contractor shall not be liable to

the Owner, whether in contract, tort, or otherwise, for any indirect or

consequential loss or damage, loss of use, loss of production, or loss of

profits or interest costs, provided that this exclusion shall not apply to

any obligation of the Contractor to

pay liquidated damages to the Owner and

b) the aggregate liability of the Contractor to the Owner, whether

under the Contract, in tort or

otherwise, shall not exceed the total Contract Price, provided that this

limitation shall not apply to any obligation of the Contractor to

indemnify the Employer with respect

to patent infringement.”




64

to the circumstances over which

the Contractor has no control nor shall his total liability for

loss, damage or injury exceed the total value of the contract.

127 Vol I/

GCC

37 46.2 Except in reFspect of latent defects,

liability, the long terms availability of spares and other specific liabilities

identified in the Contract, the Contractor shall be released from his

liabilities under the Contract at the end

of the warranty period.


below:

Except in respect of latent defects, liability,

the long terms availability of spares and

other specific liabilities identified in the Contract, the Contractor shall be released

from his liabilities under the Contract at the end of the warranty period.


specification.

128 Vol I/

GCC

37 47.1 The Contractor shall submit to the

Engineer, a complete list of foreign

field personnel (including necessary data as may be required by Engineer),

required for the performance of the works in India. He shall also intimate

the programme of their visit to India

and departure from India during the pendency of the Contract well in

advance so as to enable the contractor to obtain all necessary documentation

for their visit. The Engineer will have

the right to review the list of such personnel and ask for increase in the

strength or reschedule the visits of such personnel if in the opinion of the

Engineer, the list of personnel mentioned is not sufficient for effective

performance of the Contract.


“The Contractor shall submit to the

Engineer, a complete list of foreign field personnel (including necessary data as may

be required by Engineer), required for the

performance of the works in India. He shall also intimate the programme of their visit to

India and departure from India during the pendency of the Contract well in advance so

as to enable the contractor to obtain all

necessary documentation for their visit. The Engineer will have the right to review the list

of such personnel and ask for increase in the strength or reschedule the visits of such

personnel if in the opinion of the Engineer,

the list of personnel mentioned is not sufficient for effective performance of the


specification.




65

Contract.”

129 Vol I/

GCC

37 50.1 To eliminate delays and avoid disputes

and litigation, all matters and

questions shall be referred to the Engineer and his decision shall be

final.


below:

“To eliminate delays and avoid disputes and litigation, all matters and questions shall be

first referred to the Engineer. and his

decision shall be final”


specification.

130 Vol I/ GCC

37 51.7 Subject to the rights under the Contract, the decision of the

Owner/Purchaser shall be final in the event of any disagreement between

the Contractors which cannot be

resolved mutually.

Please delete this clause. Bidder to follow the specification.

131 Vol I/ GCC

40 53.10 It shall be the responsibility of the contractor to maintain adequate items

in sufficient number, as erection &

commissioning spares to ensure that erection commissioning works and

operation up to the end of guarantee period do not hamper for want of

spares. These spares shall be the property of the contractor. Contractor

will be allowed to take back all the left

over unused erection & commissioning spares after the guarantee period is

over.

Please modify the clause as below

“It shall be the responsibility of the contractor to maintain adequate items in

sufficient number, as erection & commissioning spares to ensure that erection

& commissioning works and operation up to

the end of guarantee Trial Operation period do not hamper for want of spares. These

spares shall be the property of the contractor. Contractor will be allowed to take

back all the left over unused erection &

commissioning spares after the guarantee period is over completion of Trial Operation.”


132 Vol I/

GCC

40 53.11.1 The contractor shall ensure the long -

term availability of spares to the Owner for the full life of the equipment

covered under the contract. The

Contractor shall also ensure that

Contradictory / Duplicate clauses.

Please delete clause no. 53.12.

The Contractor shall guarantee

that before “going out of production” of spare parts of the

equipment covered under the

Contract, he shall give the




66

before going out of production of

spare part of the equipment covered under the contract, he shall give the

Owner at least 12 (twelve) months advance notice so that the latter may

order his bulk requirement of spares, if he so desires.

Purchaser atleast thirty six (36)

months advance notice so that the latter may order his bulk

requirement of spares, if he so desires.

133 Vol I/ GCC

40 53.12 The Contractor shall guarantee the long term availability of spares to the

Purchaser for the full life of the equipment covered under the

Contract. The Contractor shall guarantee that before “going out of

production” of spare parts of the

equipment covered under the Contract, he shall give the Purchaser

atleast thirty six (36) months advance notice so that the latter may order his

bulk requirement of spares, if he so

desires.

The Contractor shall guarantee

that before “going out of

production” of spare parts of the equipment covered under the

Contract, he shall give the Purchaser atleast thirty six (36)

months advance notice so that

the latter may order his bulk requirement of spares, if he so

desires.

134 Vol I/ GCC

40 53.11.2 Further, in case of discontinuance of supply of the spares by the contractor

or his sub-contractors, the contractor shall provide the owner with full

information for replacement of such

spares with other equivalent make, if so required by the owner. Duplicate clauses. Needs to be corrected.


specification.

135 Vol I/

GCC

40 53.13 Further in case of discontinuance of

supply of spares by the Contractor or his Sub-Contractors, the Contractor

shall provide the Purchaser with full

information for replacement of such spares with other equivalent makes, if





67

so required by the Purchaser.

136 Vol I/

GCC

41 54.2 In the event of any breach of this

provision, the Vendor/Contractor shall

indemnify the Owner/Purchaser from any loss, cost or damage or any other

claim whatsoever from any parties claiming from or through them in

respect of such breach.

Please replace with

“54.2 The Purchaser shall keep confidential

and shall not, without the written consent of the Contractor, divulge to any third party any

documents, data or other information

furnished directly or indirectly in connection with the contract, whether such information

has been furnished prior to, during or following termination of the contract.

The Purchaser shall not use such documents,

data and other information received from the Contractor for any purpose other than the

operation and maintenance of the Facilities. “


137 Vol I/

GCC

41 54.0 Add new clause. Add new clause as 54.3

“In the event of any breach of above

mentioned provision, the Either Party shall indemnify the Other Party from any loss, cost

or damage or any other claim whatsoever from any parties claiming from or through

them in respect of such breach.”


specification.

138 Vol I/

GCC

41 56.0 MEMBER OF OWNER’S STAFF ETC.

NOT PERSONALLY LIABLE

56.1 Neither any member of the owner’s staff nor the Owner nor any of

his staff, nor the Engineer’s representative shall in any way be

personally liable for the acts or

obligations under the contract or answerable for any or omission on the

Please delete. Since, liability of the owner or

his person would be as per law.


specification.




68

part of the owner in the observance or

performance of any of the acts, matters or things which are concerning

the contract.

139 Vol I/ GCC

43 65.1 The Codes, and/or standards referred to in the ‘Specification’ shall govern, in

all the cases wherever such references

are made. In case of a conflict between such codes and/or standards

and the specifications, the latter shall govern. Such codes and/or standards

referred to shall mean the latest revisions, amendments/changes

adopted and published by the relevant

agencies. In case of any further conflict in the matter, the same shall

be referred to the Engineer whose decision shall be final and binding.


The Codes, and/or standards referred to in

the ‘Specification’ shall govern, in all the cases wherever such references are made. In

case of a conflict between such codes and/or

standards and the specifications, the latter shall govern. Such codes and/or standards

referred to shall mean the latest revisions, amendments/changes adopted and published

by the relevant agencies, as on date 7 days

prior to submission of Bid. In case of any further conflict in the matter, the same shall

be referred to the Engineer whose decision shall be final and binding subject to

Settlement of Disputes as per Clause 32.


140 Vol I/

GCC

45 74.0 TAKING OVER

New clause.

Please add as 74.2

If Performance Guarantee Tests (PG tests)

are delayed beyond 30 days for reasons beyond the control of the Contractor, the

Owner shall issue a taking over certificate as a proof of final acceptance of equipment,

upon completion of Trial Operation.


specification.

141 Vol I/

GCC

46 78.0 CONTRACT DOCUMENT AND

MATTERS TO BE TREATED AS CONFIDENTIAL

All documents, correspondence,


below:

The Owner and the Contractor shall keep

confidential and shall not, without the written





69

decisions and orders concerning the

contract shall be considered as confidential and/or restricted in nature

by Contractor and be shall not divulge or allow access to them by any

unauthorized persons.

consent of the other party hereto, divulge to

any third party any documents, data or other information furnished directly or indirectly by

the other party hereto in connection with the Contract, whether such information has been

furnished prior to, during or following termination of the Contract. Notwithstanding

the above, the Contractor may furnish to its

Subcontractor(s) such documents, data and other information it receives from the Owner

to the extent required for the Subcontractor(s) to perform its work under

the Contract, in which event the Contractor

shall obtain from such Subcontractor(s) an undertaking of confidentiality similar to that

imposed on the Contractor under this GCC Clause 78.

The Owner shall not use such documents,

data and other information received from the Contractor for any purpose other than the

operation and maintenance of the Facilities.

Similarly, the Contractor shall not use such documents, data and other information

received from the Owner for any purpose other than the design, procurement of Plant

and Equipment, construction or such other

work and services as are required for the performance of the Contract.

The obligation of a party under this GCC

Clause,

however, shall not apply to that information which

(a) now or hereafter enters the public




70

domain through no fault of that party

(b) can be proven to have been possessed by that party at the time of disclosure and

which was not previously obtained,

directly or indirectly, from the other party hereto

(c) otherwise lawfully becomes available to

that party from a third party that has no obligation of confidentiality.

(d) is required to be disclosed in accordance

with a judicial or governmental order or decree.

The above provisions of this GCC Clause shall

not in any way modify any undertaking of confidentiality given by either of the parties

hereto prior to the date of the Contract in

respect of the Facilities or any part thereof.

The provisions of this GCC Clause shall survive termination, for whatever reason, of

the Contract.

142 Vol I/ GCC

46 79.1 & 79.2

If any enactment or issuance of any new laws, rules, permits & regulations

occur, and/ or any change modification

of existing laws, rules, permits & regulations occur in India, during the

tenure of the Contract, including extended period, if any, pertaining to

taxes & duties change in cost incurred

by the Contract shall be added or deducted from the Contract price, as

the case may be as explained in the

We request Owner to replace the clauses as below:

If any rates of Tax are increased or

decreased, a new Tax (including GST) is

introduced, an existing Tax is abolished, or any change in interpretation or application of

any Tax occurs in the course of the performance of Contract, which was or will

be assessed on the Contractor in connection with performance of the Contract, an


TANGEDCO shall not pay any

variation of Taxes and duties in respect of bought out items

under any circumstances.

Regarding implementation of GST if notified by GOI, the same

will be treated as per change in




71

payment terms clause found elsewhere

in this specification.

In case of Bought out items, the price

should be inclusive of all taxes and

duties and it is to be noted that no statutory variation will be paid on

bought out items by the purchaser.

equitable adjustment of the Contract Price

shall be made to fully take into account any such change by addition to the Contract Price

or deduction there from, as the case may be. However, these adjustments would be

restricted to items in respect of direct transactions between the Employer and the

Contractor/Assignee of Foreign Contractor (if

applicable) and Bought out items (despatched directly from sub-vendor's works

to site).

law.

143 Vol I/ GCC

47 81.1.1 The purchaser shall have the right to propose, and subsequently require

that the project manager order the

Contractor from time to time during performance of the contract. . .

Please add definition of “Project Manager” in clause 3.0, Volume-I, Section 2.0 (GCC).

Bidder to refer Clause 3.32 of Vol-I, Section-2, GCC

144 Vol I/

GCC

48 81.3 If the contractor proposes a change

pursuant to GCC sub clause 81.1.1, the

contractor shall submit to the project manager a written “Application for

Change Proposal”,

Bidder to refer Clause 3.32 of

Vol-I, Section-2, GCC

145 Vol I/ GCC

48 81.2.5 If the parties cannot reach agreement within sixty (60) days from the date of

issue of the pending agreement

change order, then the matter may be referred to the adjudicator.

Please define roles and responsibilities of “Adjudicator”.

Adjudicator appointed by

TANGEDCO has a recommending role with respect

to this clause.

146 Vol I/

GCC

48 81.5 INITIATION Suggest deletion of clause 81.5, as same is

duplication / contradictory to above mentioned clauses 81.1 to 81.3

The clauses are self explanatory.


147 Vol I/

GCC

49 81.9 DELETION FROM WORK

The Purchaser may delete from the

Please add at the end of paragraph.

Any deletion of work from Contractor’s scope


specification.




72

work any item by Change order. Any

deletion of an item shall not invalidate any Contract provision or other

requirement and Contractor will complete the work not so deleted

under this Contract. Such deletions from the work may include Purchaser

procurement of plant, materials and

equipment which Contractor is otherwise obligated to Purchase there

under.

shall be limited to 15% of total contract

price.

148 Vol I/ GCC

49 81.10 CHANGES IN APPLICABLE LAWS:

In the event any change in applicable Laws, applicable Permits or the

technical requirement of this Contract

entitles Contractor to a Change Order pursuant to this Section. Contractor’s

obligation to perform the work in compliance with such applicable Laws,

Applicable Permits or the technical

requirements of this Contract shall be subject to Purchaser’s execution of

such Change Order.

We request Owner to replace the existing clause with the clause as below:

If, after the date seven (7) days prior to the

date of Bid submission, in the country where

the Site is located, any law, regulation, ordinance, order or by-law having the force

of law is enacted, promulgated, abrogated or changed (which shall be deemed to include

any change in interpretation or application by

the competent authorities) that subsequently affects the costs and expenses of the

Contractor and/or the Time for Completion, the Contract Price shall be correspondingly

increased or decreased, and/or the Time for Completion shall be reasonably adjusted to

the extent that the Contractor has thereby

been affected in the performance of any of its obligations under the Contract.





73

149 Vol I/

GCC

50 82.4 The Contractor shall execute, complete

and maintain the works including statutory requirements strictly in

accordance with the Contract to the satisfaction of the Engineer/ Owner

and shall comply with and adhere strictly to the Engineer's instructions

and directions on any matter (whether

mentioned in the Contract or not) connected with or concerning the

works. The Contractor shall take instructions and directions only from

the Purchaser/ Engineer/ their

representative.

Duplicate clauses, Please delete either of one.

Noted. The clause 82.4 section 2 vol 1 stands deleted.

150 Vol I/

GCC

50 83.1

The clause 83.1 section 2 vol 1 is retained.

151 Vol I/ GCC

50 82.5 The detailed programme should show the order of procedure and method in

which he proposes to carry out the works. The Contractor shall whenever

required by the Engineer or Engineer's

representative, furnish for his information particulars in writing of the

Contractor's agreement for the carrying out of the works and of the

construction and Temporary works

which the Contractor intends to supply, use or construct as the case

may be, the submission to and approval by the Engineer or Engineer's

representative of such programme or the furnishing of such particulars shall

not relieve the Contractor of any of his

duties or responsibilities under the Contract, particularly for the quality

and timely completion of the works.

Duplicate clauses, Please delete either of one

The clause 82.5 section 2 vol 1

stands deleted.

152 Vol I/

GCC

50 83.2

The clause 83.2 section 2 vol 1

is retained.




74

153 Vol I/

GCC

50 84.0 New Clause

Unforeseen Condition

We request Owner to introduce new clause:

If, during the execution of the Contract, the Contractor shall encounter on the Site any

physical conditions (other than climatic

conditions) or artificial obstructions that could not have been reasonably foreseen

prior the basis of reasonable examination of the data relating to the Works (including any

data as to boring tests) provided by the

Employer, and on the basis of information that it could have obtained from a visual

inspection of the Site (if access thereto was available) or other data readily available to it

relating to the Works, and if the Contractor determines that it will in consequence of

such conditions or obstructions incur

additional cost and expense or require additional time to perform its obligations

under the Contract that would not have been required if such physical conditions or

artificial obstructions had not been

encountered, the Contractor shall promptly, and before performing additional work or

using additional Plant and Equipment or Contractor’s Equipment, notify the Project

Manager in writing of

(a) the physical conditions or artificial obstructions on the Site that could not have

been reasonably foreseen

(b) the additional work and/or Plant and

Equipment and/or Contractor’s Equipment required, including the steps which the

Contractor will or proposes to take to

Not acceptable.




75

overcome such conditions or obstructions

(c) the extent of the anticipated delay

(d) the additional cost and expense that the Contractor is likely to incur.

- On receiving any notice from the Contractor

under this GCC Sub-Clause, the Employer and the Contractor shall decide upon the

actions to be taken to overcome the physical

conditions or artificial obstructions encountered. Following such consultations,

the Employer shall instruct the Contractor of the actions to be taken.

Any reasonable additional cost and expense incurred by the Contractor shall be paid by

the Owner to the Contractor as an addition to the Contract Price.

If the Contractor is delayed or impeded in the performance of the Contract because of

any such physical conditions or artificial obstructions as referred, the Guaranteed

Contract Period shall be extended accordingly.

154 Vol I/

GCC

85.0 New Clause

Extension of Time

We request Owner to introduce new clause:

85.1 The Time(s) for Completion shall be

extended if the Contractor is delayed or

impeded in the performance of any of its obligations under the Contract by reason of

any of the following:

(a) any Change in the Works as provided in

Not acceptable.





76

GCC Clause 81

(b) any occurrence of Force Majeure as provided in GCC Clause 27 (Force Majeure),

unforeseen conditions as provided in GCC

Clause 84 (Unforeseen Conditions), or other occurrence of any of the matters as specified

or referred to in GCC

(c) any suspension order given by the Employer under GCC Clause 29 hereof.

(d) any changes in laws and regulations as

provided in the Contract or

(e) any default or breach of the Contract by the Employer, specifically including failure to

supply the items listed under Clause 32.0 of ECC, or any activity, act or omission of any

other contractors employed by the Employer

or

(f) any other matter specifically mentioned in the Contract; by such period as shall be fair

and reasonable in all the circumstances and as shall fairly reflect the delay or impediment

sustained by the Contractor.

85.2 Except where otherwise specifically provided in the Contract, the Contractor shall

submit to the Project Manager a notice of a

claim for an extension of the Time for Completion, together with particulars of the

event or circumstance justifying such extension as soon as reasonably practicable

after the commencement of such event or

circumstance. As soon as reasonably




77

practicable after receipt of such notice and

supporting particulars of the claim, the Employer and the Contractor shall agree

upon the period of such extension alongwith suitable cost compensation, if applicable. In

the event that the Contractor does not accept the Employer’s estimate of a fair and

reasonable time extension, the Contractor

shall be entitled to refer the matter for Settlement of Disputes pursuant to GCC

Clause 32.0.

40.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in

the performance of its obligations under the Contract.

155 Vol I/

ECC

5 4.1 Necessary access to the site shall be made by the contractor after handing

over of the site to the contractor by the owner within one week from the

date of receipt of LOI.


Necessary access to the site shall be made

by the contractor after handing over of the encumbrance free site to the contractor by

the owner within one week from the date of receipt of LOI.

The site is already under the possession of TANGEDCO.

156 Vol I/

ECC

5 6.1 If the works of the Contractor is so delayed because of any acts or

omission of another contractor, the Contractor shall have no claim against

the Owner on that account other than an extension of time for completing his

works.


If the works of the Contractor is so delayed

because of any acts or omission of another contractor, the Contractor shall have no

claim against the Owner on that account other than an extension of time for

completing his works and cost

compensation for the same.





78

157 Vol I/

ECC

7 10.1 Should any such damage to the

Contractor’s works occur because of other party not under his supervision

or control, the Contractor shall make his claim directly with the party

concerned. If disagreement or conflict or dispute develops between the

Contractor and the other party or

parties concerned regarding the responsibility for damage to the

Contractor’s Works, the same shall be resolved as per the provision of the

clause: `Co-operation with other

Contractors’.

The Contractor shall not cause any

delay in the repair of such damaged

works because of any delay in the resolution of such disputes. The

Contractor shall proceed to repair the work immediately and no cause

thereof will be assigned pending

resolution of such dispute.


Should any such damage to the Contractor’s

works occur because of other party under supervision or control of Owner, the

Contractor will submit his claim to Owner.


158 Vol I/

ECC

13 23.2 The Owner shall have a lien on such goods throughout the period of

contract for any sum or sums which may at any time be due or owing to

him by the Contractor, under, in

respect of or by reasons of the contract. After giving a 15 (fifteen)

days notice in writing of his intention to do so, the Owner shall be at liberty

to sell and dispose of any such goods,

in such manner as he shall think fit including public auction or private

Please delete. Bidder to follow the specification




79

treaty and to apply the proceeds in or

towards the satisfaction of such sum or sums due as aforesaid.

159 Vol I/

ECC

14 23.3 After the completion of the works, the

Contractor shall remove under the direction of the Engineer, the materials

such as construction/ erection tools

and tackles, erection equipment, scaffolding, etc. from the site after

written permission of the Engineer. If the Contractor fails to remove such

materials, within fifteen (15) days of a notice by the Engineer to do so, then

the engineer shall have the liberty to

dispose of such materials as detailed in above clause and credit the proceeds

thereof to the account of the Contractor.


below:

After the completion of the works, the Contractor shall remove under the direction

of the Engineer, the materials such as construction/ erection tools and tackles,

erection equipment, scaffolding, etc. from

the site after written permission of the Engineer. If the Contractor fails to remove

such materials, within fifteen forty five (15 45) days of a notice by the Engineer to do

so, then the engineer shall have the liberty to

dispose of such materials as detailed in above clause and credit the proceeds thereof

to the account of the Contractor.


160 Vol I/

ECC

17 31.1 CODE REQUIREMENTS

The erection requirements and

procedures to be followed during the installation of the equipment shall be

in accordance with the relevant Indian Regulations, ICE, IECC, BSS, ASME

codes and accepted good engineering

practice, the Engineer’s drawings and other applicable Indian recognized

codes and the laws and regulations of the Government of India.

We request Owner to insert new clause as follows:

Wherever references are made in the

Contract to codes and standards in

accordance with which the Contract shall be executed, the edition or the revised version

of such codes and standards current at the date seven (7) days prior to date of bid

submission shall apply unless otherwise specified. During Contract execution, any

changes in such codes and standards shall be

applied after approval by the Employer and shall be treated in accordance with GCC

Clause 81.





80

161 Vol I/

ECC

17 32.0 New Clause

Purchaser’s Obligations

We request Owner to insert new clause as

follows:

32.8 The Owner shall ensure the accuracy of

all information and/or data to be supplied by

the Owner as described in the Contract, except when otherwise expressly stated in

the Contract.

32.9 The Owner shall be responsible for acquiring and providing legal and physical

possession of the Site and access thereto, and for providing possession of and access to

all other areas reasonably required for the

proper execution of the Contract, including all requisite rights of way. The Owner shall

give full possession of and accord all rights of access thereto.

32.10 The Owner shall acquire and pay for all

permits, approvals and/or licenses from all

government authorities in the country where the Site is located which such authorities

require the Employer to obtain them in the Employer’s name, are necessary for the

execution of the Contract (they include those required for the performance by both the

Contractor and the Employer of their

respective obligations under the Contract)

32.11 If requested by the Contractor, the Owner shall use its best endeavors to assist

the Contractor in obtaining in a timely and expeditious manner all permits, approvals

and/or licenses necessary for the execution of the Contract from all government

authorities that such authorities require the


specification.




81

Contractor or Subcontractors or the

personnel of the Contractor or Subcontractors, as the case may be, to

obtain.

32.12 Owner shall provide sufficient, properly qualified operating and maintenance

personnel; shall supply and make available all raw materials, fuel, Light Diesel Oil/ High

Speed Diesel, utilities, lubricants, chemicals,

catalysts, other materials and Works including construction power, power

evacuation system, frequency stability within which Plant is allowed to operate and shall

perform all work and services of whatsoever nature, to enable the Contractor to properly

carry out Commissioning and Guarantee

Tests, all in accordance with the provisions of the Contract Agreement at or before the time

specified in the Contract Schedule furnished by the Contractor.

32.13 The Owner shall be responsible for the

continued operation of the Works after

completion, and shall be responsible for facilitating the Guarantee Test(s) for the

Works.

32.14 All costs and expenses involved in the performance of the obligations under this

GCC Clause shall be the responsibility of the Owner, save those to be incurred by the

Contractor with respect to the performance

of Guarantee Tests.

162 Vol I/ 18 33.1 No cost shall be paid for the sheds handed over to the owner after closing

We request Owner to modify the clause as Bidder to follow the specification




82

ECC of the office / storage yard. below:

“No Reasonable cost shall be paid for the sheds handed over to the owner after closing

of the office / storage yard by the Owner.”

163 Vol I/

ECC

21 38.2 Employee’s liability We would like to inform that this policy is not

available in Indian insurance market. However this is covered under Workmen’s

Compensation (WC) Policy. In view of the above, we request you to delete this clause.


specification.

164 Vol I/

ECC

21 38.3 Comprehensive Automobile Insurance We would like to inform that Automobile Liability Insurance cover is not available as a

separate policy in the Indian insurance market. All vehicles belonging to Contractor/

its sub-contractors are to be insured for motor third party liability under individual

motor insurance policy for each vehicle.

Contractor shall be submitting a copy of such motor insurance policy. In view of the above,

we request you to delete this clause.


165 Vol I/

ECC

21 38.5 Fire Insurance We would like to inform that Erection All Risk

Policy (EAR) takes care of the Fire insurance Coverage. Hence there is no requirement for

separate Fire insurance policy. In view of the above, we request you to delete this clause.


and ensure that fire insurance coverage as mentioned in the

specification is available.

166 Vol I/

ECC

22 41.2 The Guarantee cover for equipment

and spares etc. will take effect only

from the date of satisfactory completion of PG tests, and written

acceptance of the results by the Purchaser. However the maximum

delay shall be limited to 6 months beyond the stipulated date or a


below:

“If Performance Guarantee Tests (PG tests)

are delayed for reasons beyond the control of

the Contractor, the Guarantee cover for equipment and spares etc. will take effect

from the date of completion of Trial





83

mutually agreed period. Operation.”

167 Vol I/

ECC

22 44.0 LIABILITY FOR ACCIDENTS AND

DAMAGE

Please add as clause no. 44.10,

“The Owner shall indemnify and hold

harmless the Contractor and its employees, officers and Subcontractors from any liability

for loss of or damage to property of the

Owner, other than the Works not yet taken over, that is caused by fire, explosion or any

other perils, in excess of the amount recoverable from insurances procured under

GCC Clause 20.0 (Insurance), provided that

such fire, explosion or other perils were not caused by any act or failure of the

Contractor.

The party entitled to the benefit of an indemnity under this ECC Clause 44.0 shall

take all reasonable measures to mitigate any loss or damage which has occurred. If the

party fails to take such measures, the other

party’s liabilities shall be correspondingly reduced.”


168 Vol I/

SCC

3 1.3 Bidder shall guarantee 90% availability

of the plant for one (1) year from the date of trial operation In case this is

not achieved this period shall be

further extended to one year from the date of repair of the equipment, until

such availability is achieved. Bidder shall maintain full fledged supervisory

staff until such period.

We request Owner to delete this clause.





84

169 Vol I/

SCC

4 4.3 In case of any conflict amongst various

sections, drawings, schedules etc., the most stringent requirement shall

govern; decision of the Owner shall always be final & binding on the

Contractor.

Please modify the clause as mentioned

below,

In case of any conflict amongst various

sections, drawings, schedules etc. the

document having higher priority in line with GCC clause 2.4 the most stringent

requirement shall govern. decision of the Owner shall always be final & binding on the

Contractor.


170 Vol I/

SCC

5 7.2 No statutory variation of taxes and

duties etc. will be allowed for the bought out items.

Please modify the clause as mentioned

below,

“No statutory variation of taxes and duties etc. will be allowed for the bought out items

and will be reimbursed by the Owner.”


171 Vol I/

SCC

6 8.4.2 No sum shall be included in any payment application in respect of the

works that, according to the decision

of the Engineer, does not comply with the contract, or has been performed,

at the date of certificate, prematurely.

Suggest deletion of this clause. Bidder to follow the specification

172 Vol I/ SCC

6 8.5.0 Mode of Payment

The purchaser will establish required irrevocable and non-transferable Letter

of Credits(LC) in favour of the

contractor through the purchaser’s Bank in India for the payments due as

per the approved billing break up for Non Indian Origin. It will be the

responsibility of the contractor to utilize the LC to the fullest extent. LC

opening charges, extension charges,

We request Owner to modify the clause as below;

The purchaser will establish required

irrevocable and non-transferable Letter of

Credits(LC) in favour of the contractor through the purchaser’s Bank in India for the

payments due as per the approved billing break up for Non Indian Origin. It will be the

responsibility of the contractor to utilize the LC to the fullest extent. LC opening charges,

extension charges, Banker’s negotiation





85

Banker’s negotiation charges at both

ends shall be to the account of the contractor. In case the LC is not fully

utilized, the reinstatement charges will also be to the Contractor’s account. LC

payment will be made for foreign supplies/imported items. For domestic

supplies and erection works payment

shall be made within 30 days.

Retention payments for supply, erection, testing & commissioning

including mandatory spares will be released by Deputy Financial

Controller/ Central Payment/TANGEDCO/HQ by

Cheque/Demand Draft on any

Nationalised/ Scheduled Banks or their branches. Bank charges if any will be

to the account of the contractor.

charges of respective Banks at both ends

shall be to the account of the respective party contractor. In case the LC is not fully

utilized, the reinstatement charges will also be to the Contractor’s account. LC payment

will be made for foreign supplies/imported items. For domestic supplies and erection

works payment shall be made within 30 days

from the date of receipt of Contractor's bill/invoice/debit note by the Owner.

Retention payments for supply, erection,

testing & commissioning including mandatory spares will be released by Deputy Financial

Controller/ Central Payment/TANGEDCO/HQ Owner’s Lender\Project Financing Agency by

Cheque/Demand Draft on any Nationalised/

Scheduled Banks or their branches pursuant to certification of invoices by the Owner.

Bank charges if any will be to the account of the contractor.

173 Vol I/ SCC

7 9.1 (d) The final ten (10%) percent payment based on the approved billing break up

for the above shall be paid after successful completion of performance

guarantee test (PG Test), written acceptance of PG test results by

TANGEDCO, and fulfillment of all

contractual obligations after adjusting all dues including LD.

We request Owner to consider the following for release of final 10% payment:

- 2.5% of the value of the total

contract price on successful completion of Trial Operation of first

Unit. - 2.5% of the value of the total

contract price on successful

completion of Trial Operation of second Unit.

- 2.5% of the value of the total contract price after successful

completion of performance





86

guarantee test (PG Test) of first Unit.


completion of performance guarantee test (PG Test) of second

Unit.

174 Vol I/ SCC

7 9.2.1 10% ADVANCE PAYMENT: 10 % (Ten percent) of the ex works price for

supply portion of the contract price ( Indian & Non Indian origin) shall be

paid by TANGEDCO as interest bearing

advance, if sought by the contractor within 30 days of fulfillment of the

following by the contractor:


10% ADVANCE PAYMENT: 10 % (Ten

percent) of the ex works price for supply portion of the contract price ( Indian & Non

Indian origin) shall be paid by TANGEDCO as interest free bearing advance, if sought by

the contractor within 30 days of fulfillment of

the following by the contractor:


175 Vol I/ SCC

7 9.2.2 The advance to be released under section 9.2.1 as above shall bear

interest at 15% per annum. The

advance to the contractor shall be adjusted progressively with

progressive supply of materials. Adjusted advance shall be determined

from the invoices submitted by the supplier for the completed supply

within the stipulated period,

irrespective of whether such invoices are paid by the Owner or otherwise.

For the unadjusted advance, Interest

shall be calculated as simple interest on monthly rests and amount

recovered on annual basis from the contractor’s bills during the beginning

of each financial year.


The advance to be released under section

9.2.1 as above shall bear interest at 15% per annum. The advance to the contractor shall

be adjusted progressively with progressive

supply of materials. Adjusted advance shall be determined from the invoices submitted

by the supplier for the completed supply within the stipulated period, irrespective of

whether such invoices are paid by the Owner

or otherwise.

For the unadjusted advance, Interest shall

be calculated as simple interest on monthly

rests and amount recovered on annual basis from the contractor’s bills during the

beginning of each financial year.





87

For payment of advance, the application and invoice shall be

submitted to the CE Projects /TANGEDCO Head Quarters, Chennai.

If the supply is delayed beyond the stipulated period of the contract, penal

interest at 22% per annum will be

recovered for the value of the delayed supplies which will be adjusted from

respective bills payable to the contractor.

For payment of advance, the application and

invoice shall be submitted to the CE Projects /TANGEDCO Head Quarters, Chennai. If the

supply is delayed beyond the stipulated period of the contract, penal interest at 22%

per annum will be recovered for the value of the delayed supplies which will be adjusted

from respective bills payable to the

contractor.

176 Vol I/

SCC

10 9.4.1 10 % advance of the contract price

towards erection, testing and

commissioning including civil works excluding taxes and duties (Indian &

Non Indian Origin) will be paid by TANGEDCO as interest bearing

advance if sought by the contractor

within 30 days of fulfillment of the following by the Contractor as

mobilization advance:


below:

10 % advance of the contract price towards

erection, testing and commissioning including civil works excluding taxes and duties (Indian

& Non Indian Origin) will be paid by TANGEDCO as interest free bearing advance

if sought by the contractor within 30 days of

fulfillment of the following by the Contractor as mobilization advance:


177 Vol I/

SCC

10 9.4.2 The advance to be released under

section 9.4.1 shall bear interest at 15% per annum. The advance to the

contractor shall be adjusted

progressively with progressive completion of erection, testing and

commissioning work.

Adjusted advance shall be determined from the ……are paid by the Owner or

otherwise.


below:

The advance to be released under section 9.4.1 shall bear interest at 15% per annum.

The advance to the contractor shall be adjusted progressively with progressive

completion of erection, testing and

commissioning work.

Adjusted advance shall be determined from





88

For the unadjusted advance, Interest

shall be calculated as simple interest on monthly rests and amount

recovered on annual basis from the contractor’s bills during the beginning

of each financial year.

If the erection, testing and

commissioning is delayed beyond the

stipulated period of the contract, penal interest at 22% per annum will be

recovered for the value of the delayed erection, testing and commissioning

which will be adjusted from respective bills payable to the contractor.

the ……are paid by the Owner or otherwise.

For the unadjusted advance, Interest shall be

calculated as simple interest on monthly rests and amount recovered on annual basis from

the contractor’s bills during the beginning of each financial year.

If the erection, testing and commissioning is

delayed beyond the stipulated period of the contract, penal interest at 22% per annum

will be recovered for the value of the delayed erection, testing and commissioning which

will be adjusted from respective bills payable

to the contractor.

178 Vol I/ SCC

8 9.2.4 (i) 50% of the value of ex-works price , along with 90% taxes & duties, 90%

of other charges like transportation and insurance charges,………


50% of the value of ex-works price , along

with 90% 100% taxes & duties, 90% 100% of other charges like transportation and

insurance charges,………


179 Vol I/

SCC

8 9.2.4 (i)

(II)

90% of Taxes and Duties and 90% of

transportation and insurance charges shall be paid in INR on production of

proof of payments of customs duty and proof of payment (Bill) of

transportation and insurance charges.


below:

90% 100% of Taxes and Duties and 90%

100% of transportation and insurance

charges shall be paid in INR on production of proof of payments of customs duty and proof

of payment (Bill) of transportation and insurance charges.


180 Vol I/ 9 9.2.7 The final ten (10%) percent of the

value of the contract price including

We request Owner to consider the following




89

SCC the balance of taxes and duties, freight

& insurance based on the approved billing break up for the materials

supplied will be paid by TANGEDCO after successful completion of

performance guarantee test (PG Test), written acceptance of PG test results

by TANGEDCO, 100% supply

completion and fulfillment of all contractual obligations and after

adjusting all dues including LD.

for release of final 10% payment:

- 2.5% of the value of the total contract price on successful

completion of Trial Operation of first


contract price on successful completion of Trial Operation of

second Unit.


completion of performance guarantee test (PG Test) of first Unit.


completion of performance

guarantee test (PG Test) of second Unit.


specification.

181 Vol I/

SCC

9 9.3.1 PAYMENT TOWARDS SUPPLY OF

MANDATORY SPARES / WORKSHOP & LAB EQUIPMENTS:

70% PRO-RATA PAYMENT

i) INDIAN ORIGIN

70% of the value……

ii) NON INDIAN ORIGIN 70% of the value of CIF………..

(j) Proof of payment of customs

duty

In line with contemporary tenders we

request Owner to modify the payment terms as below:

70% 75% PRO-RATA PAYMENT

i) INDIAN ORIGIN

70% 75% of the value along with 90% 100% taxes & duties, 90% 100% of

other charges like….……

ii) NON INDIAN ORIGIN 70% 75% of the value of CIF along with

90% 100% taxes & duties, 90% 100% of other charges like ………..

(j) Proof of payment of customs duty





90

90% 100% of Taxes and Duties and 90%

100% of transportation and insurance charges shall be paid in INR on production of

proof of payments of customs duty and proof of payment ( Bill) of transportation and

insurance charges.

182 Vol I/

SCC

10 9.3.2 20% PAYMENT TOWARDS MATERIAL

RECEIPT CERTIFICATE (MRC):

(For workshop and lab equipments the payment will be made after receipt of

the equipments and commissioning of the same at the site.) 20% (Twenty

percent) of the value of ex-works/CIF

price (Indian & Non Indian Origin) will be paid by TANGEDCO as per

approved billing schedule for the materials supplied at Udangudi

Thermal Power Project Stage-1 in

good condition upon production of material received certificate by the

contractor and verification by the Owner/Purchaser representative and

on submission of the invoice with

packing list in Quadruplicate (1 original + 3 copies).

In line with contemporary tenders we

request Owner to modify the payment terms as below:

20% 25% PAYMENT TOWARDS MATERIAL RECEIPT CERTIFICATE (MRC):

(For workshop and lab equipments the

payment will be made after receipt of the

equipments and commissioning of the same at the site.) 20% (Twenty percent) 25%

(twenty five percent) of the value of ex-works/CIF price (Indian & Non Indian Origin)

will be paid by TANGEDCO as per approved

billing schedule for the materials supplied at Udangudi Thermal Power Project Stage-1 in

good condition upon production of material received certificate by the contractor and

verification by the Owner/Purchaser representative and on submission of the

invoice with packing list in Quadruplicate (1

original + 3 copies).


183 Vol I/ SCC

10 9.3.3 FINAL 10% PAYMENT: The final ten (10%) percent of the value of the

contract price including balance all taxes and duties, freight & insurance

based on the approved billing break

In line with contemporary tenders we request Owner to modify the payment terms

as below:

FINAL 10% PAYMENT: The final ten (10%) percent of the value of the contract price





91

up for the materials supplied will be

paid by TANGEDCO on 100% supply completion and fulfillment of all

contractual obligations after adjusting all dues including LD.

including balance all taxes and duties, freight

& insurance based on the approved billing break up for the materials supplied will be

paid by TANGEDCO on 100% supply completion and fulfillment of all contractual

obligations after adjusting all dues including LD.

184 Vol I/ SCC

11 9.4.4 65% PRO RATA PAYMENT: (For civil works 80% payment will be made on

pro-rata basis as per the approved billing breakup). 65% of the contract

value along with 90% taxes & duties, 90% of other charges like insurance

charges, will be paid by TANGEDCO on

pro-rata basis as per approved billing break up on submission of the

following documents in Quadruplicate (1 original + 3 copies):


65% PRO RATA PAYMENT: (For civil works

80% payment will be made on pro-rata basis as per the approved billing breakup). 65% of

the contract value along with 90% 100% taxes & duties, 90% 100% of other charges

like insurance charges, will be paid by

TANGEDCO on pro-rata basis as per approved billing break up on submission of

the following documents in Quadruplicate (1 original + 3 copies):


specification.

185 Vol I/

SCC

12 9.4.6 The final ten (10%) percent of value of

the contract price towards erection,

testing & commissioning including civil works will be paid by TANGEDCO after

successful completion of performance guarantee test (PG Test), written

acceptance of PG test results by

TANGEDCO, 100% work completion and fulfillment of all contractual

obligations after adjusting all dues including LD.

We request Owner to consider the following

for release of final 10% payment:


contract price on successful completion of Trial Operation of first


contract price on successful completion of Trial Operation of

second Unit.


completion of performance guarantee test (PG Test) of first Unit.


specification.




92


contract price after successful completion of performance

guarantee test (PG Test) of second Unit.

186 Vol I/

SCC

12 9.5 90% of price of mandatory spares and

3 years O&M spares shall be certified within thirty (30) days on receipt of

materials at site against the following documents…….


below:

90% of price of mandatory spares and 3 years O&M spares shall be certified within

thirty (30) days on receipt of materials at site against the following documents…….


187 Vol I/

SCC

18 22.0

23.0

PERFORMANCE GUARANTEES,

PENALTIES & CAPABILITY TESTS

The penalty for not meeting the performance guarantees during the

Performance Guarantee Test shall be

assessed and recovered from the Contractor. Such penalty shall be

levied without limitations, in accordance with stipulations made

in Technical Specification and shall be

without prejudice to all the other conditions of the contract.

PENALTY FOR POOR PERFORMANCE

We request to replace

“PENALTY/PENALTIES” with “Liquidated

Damages” in line with industry practice.

Also “Cap for Liquidated Damages for

Performance Guarantees” is not specified.

We request Owner to specify the cap as 10% of the Contract Price in line with the current

prevailing norms in the Industry.

We request TANGEDCO to consider the aggregate liability of the Contractor towards

payment of Liquidated Damages for Delay

and Liquidated Damages for Performance Guarantees to not exceed 15% of the

Contract Price. The above request is in line with the prevailing industry norms.


188 Vol I/

SCC

21 24.1 In case Performance Guarantee Test

cannot be carried out at specified time

due to reasons attributable to Owner, the Plant shall be taken over 180 days

after the intimation from the Contractor provided the Owner is


below:

In case Performance Guarantee Test cannot be carried out at specified time due to

reasons attributable to Owner, the Plant shall





93

satisfied about his readiness for

conducting the Performance Guarantee Test. In such case, the Owner shall

give an adhoc final acceptance certificate for the purpose of triggering

the Guarantee/Defect Liability period which will be subject to revision based

on actual PG test results. In such an

eventuality, the Owner shall give a notice to the Contractor of his

readiness to give necessary inputs to enable the Contractor to do the

Performance Guarantee Test, in which

case the Contractor shall arrange the Performance Guarantee Test within 30

days on receipt of such notice without any additional financial implication to

the Owner.

be taken over 180 60 days after the

intimation from the Contractor provided the Owner is satisfied about his readiness for

conducting the Performance Guarantee Test. In such case, the Owner shall give an adhoc

final acceptance certificate for the purpose of triggering the Guarantee/Defect Liability

period which will be subject to revision based

on actual PG test results and will release corresponding payment against equivalent

Bank Guarantee valid for six months. In such an eventuality, the Owner shall give a notice

to the Contractor of his readiness to give

necessary inputs to enable the Contractor to do the Performance Guarantee Test, in which

case the Contractor shall arrange the Performance Guarantee Test within 30 days

on receipt of such notice without any

additional financial implication to the Owner. On successful completion of Performance

Guarantee Test, the Bank Guarantee shall be returned to the Contractor.

189 Vol I/

Schedule-

4

86 Note1. The total price given for item Sl. No. 3

& 4 put together shall be a minimum of 25% of the total contract price.


below:

The total price given for item Sl. No. 3 & 4 put together shall be a minimum of 20 25%

of the total contract price.


190 Vol-I 16/Sec-I/ITB/page

24

Earnest Money deposit (EMD) The payment of EMD in the form of DD is

stringent and would require bidder to factor

Bidder to follow as per the

specification




94

in the corresponding cost leading to increase

in the bid price. The relevant purpose can be

served equally by submission of BG of

equivalent amount as per the standard

practice prevalent in the industry. We

therefore, request TANGEDCO to accept EMD

in the form of bank Guarantee also.

191 Vol-I 31.1/Sec-I/ITB/page

30

Security Deposit Cum Contract

Performance Guarantee

Please delete the words" after adjusting the

EMD amount already paid" appearing in first

line. EMD shall be returned to bidder

immediately after submission of performance

security for 10% of the contract price in the

form of BG.


specification


30



Retaining of the Performance BG till

completion of all contractual obligations is

extremely stringent. It is requested that BG

value be reduced proportionate to work

released from warranty obligations as per

standard industry practice.


specification


31



Please delete last sentence " In the event of

acceptance......bill payment to the

contractor" provided LOI is issued in line with

the tender specifications read along with the

Post-Bid resolutions.


specification


34

Discrepancies between drawing and

specification

Responsibility of ensuring correctness off

data/information supplied by TANGEDCO

shall rest with them only.


specification




95

Therefore the para "provided that such

discrepancies, errors or omissions....by the

contractor to the owner" provided in the

2nd sentence contains discrepancy. This para

should be read as "provided that such

discrepancies, errors or omissions....by the

owner to the contractor". Pl confirm.

195 Vol-I 13.16 /Sec-

I/ITB/page 21

Variation In Taxes and Duties Since GCC already provides for LD towards

delay and considering that no gains accrue to

contractor out of tax payment, regulation of

payment of taxes and duties on account of

statutory variation tantamount to penalizing

the contractor twice for the same reason in

the event of delay. Hence, we request

TANGEDCO to kindly pay all statutory

variation of taxes till the completion of

project as extra on actual basis.


specification

196 Vol-I 79/Sec-2/GCC/page

46


specification

197 Vol-I 44 /Sec-I/ITB/page

34

Dues to The TANGEDCO We request TANGEDCO to please delete this

clause.


specification

198 Vol-I 3.43/Sec-

2/GTCC/page 10

Definition of terms Please replace definition of latent defects

with following one as per standard industry

practice: Latent defect shall be the defects

inherently lying within the material or arising

out of design deficiency which do not

manifest themselves during normal

examination.


specification




96

199 Vol-I 3.65/Sec-

2/GTCC/page 12

Definition of terms We propose that 15 days Trial operation

period will be reasonable to establish the

trouble free operation of the plant. We

therefore request TANGEDCO to please

consider reducing the Trial operation period

to 15 days.


specification

200 Vol-I 11.3/Sec-

2/GTCC/page 15

Effect and Jurisdiction of Contract The Laws applicable to this contract shall be

laws in force in India as on the Record date.


specification

201 Vol-I 20.11/Sec-

2/GTCC/page 22

Insurance Since responsibility of maintaining insurance

is already in scope of contractor, We request

for deletion of requirement of written

authorization from TANGEDCO to underwriter

regarding payment of insurance proceeds to

contractor.


specification

202 Vol-I 22.3/Sec-

2/GTCC/page 23

Inspection, testing and inspection

certificate

As per standard industry practice, it is

requested that all costs and expenses

incurred in connection with inspection

including, but not limited to, all traveling and

board and lodging expenses shall be in

TANGEDCO scope.


specification

203 Vol-I 14.2/Sec-I/ITB/Page

22

Pre-Shipment inspection charges Bidder to follow as per the

specification


35

Inspection testing &inspection

certificates


specification

205 Vol-I 34/Sec-

2/GTCC/page 29

Warranty We wish to submit that defect, if any,

existing in the equipment will get manifested

during 12 months itself. We therefore

request TANGEDCO to please reduce the

relevant period to 12 months as per standard

industry practice on unitwise basis.


specification




97

206 Vol-I 43/Sec-

2/GTCC/page 35

Guarantee Since provision of clause is already

reasonably covered in Warranty clause, we

request TANGEDCO to delete this particular

clause.


specification

207 Vol-I 3.37/Sec-

2/GTCC/page 9

Definition of terms Bidder to follow as per the

specification

208 Vol-I 3.46/Sec-

2/GTCC/page 10

209 Vol-I 74/Sec-

2/GTCC/page 45

Taking over We request that Taking over certificate of

plant be issued on the date of completion of

Trail operation test/Commercial operation

date (COD) or Deemed Commissioning or

date of TANGEDCOs' use of Plant prior to

completion of reliability run, whichever is

earlier. The warranty of the plant shall start

from the such date of Taking Over as

mentioned above.


specification

210 Vol-I 46.3/Sec-

2/GTCC/page 37

Limitation of liability Provision of clause 46.3 is understood to be

dealing with the owner's liability towards the

contractor. Please also add the clause on

Contractor's limitation of liability towards

owner as per the practice being followed by

various other esteemed clients including

NTPC etc. in the market as under:

"Except in cases of criminal negligence or

willful misconduct,

(a) the Contractor shall not be liable to


specification




98

TANGEDCO, whether in contract, tort, or

otherwise, for any indirect or consequential

loss or damage, loss of use, loss of

production, or loss of profits or interest costs

and

(b) the aggregate liability of the Contractor

to TANGEDCO, whether under the Contract,

in tort or otherwise, shall not exceed the

total Contract Price, provided that this

limitation shall not apply to any obligation of

the Contractor to indemnify TANGEDCO with

respect to patent infringement."

Pl confirm.

211 Vol-I 5.0/Sec-4/SCC/page

4

Work Completion period Time schedule of 42 Months specified for

completion of both units is not consistent

with schedule generally followed in the

country for implementation of supercritical

plants. We therefore request TANGEDCO to

consider completion of 2nd unit with a phase

gap of at least 6 months taking 42 months as

completion for first unit.


specification

212 Vol-I 9.2.1 to 9.2.3/Sec-

4/SCC/page 7 & 8

10% Advance payment (terms of

payment)

We request TANGEDCO to provide 10%

advance payment as interest free in line with


specification




99

213 Vol-I 9.4.1 to 9.4.3/Sec-

4/SCC/page 10 &11

other contracts including NCTPS St-II of

TANGEDCO.

214 Vol-I 9.2.2/Sec-

4/SCC/page 7

Terms of payment We request TANGEDCO to kindly delete the

provision contained in last sentence "If the

Supply is.......bills payable to the contractor"

in line with standard industry practice.


specification

215 Vol-I 9.2.4/Sec-

4/SCC/page 8

Terms of payment As per the present laws in India, Contractor

is liable to pay 100 % duties to the statutory

bodies at the time of despatch from his

works/subvendor work. We therefore,

request TANGEDCO to reimburse the same

fully at the time of dispatch.

Further, we propose for payment of

transportation charges with 90% on despatch

and 10% on receipt.


specification




100

216 Vol-I 22.2/Sec-

4/SCC/page 18

PERFORMANCE GUARANTEES,

PENALTIES & CAPABILITY TESTS

We request TANGEDO to stipulate cap on

total amount of Liquidated Damages towards

performance shortfall as per standard

industry practice. We propose for same as

follows:

1) total amount of Liquidated Damages towards performance shortfall shall

not exceed 10% of the Contract Price considering all types of

Contracts including supply and

erection. 2) The total amount of liquidated

damages on account of delay in COD and non-fulfillment of Performance

Guarantees shall not in any case

exceed fifteen percent (15%) of the total Contract Price.


specification


4

Delay/early completion of work period We understand that in the event

commissioning of plant is delayed but the

supplies for Mandatory spares is completed

before scheduled Trial Operation date, no LD

on Mandatory Spares contract price shall be

levied.

In case of delay in supply of spares, the

clause 6.4 as applicable for O&M spares shall

be applicable for levy of LD on Mandatory

Spares.


specification




101

TANGEDCO is requested to confirm.


4

Delay/early completion of work period We request TANGEDCO to modify the 2nd

sentence as follows: In case the Supplier

delays the supply of spares beyond the

scheduled date as indicated in Cl. No.55.2 of

Sec.1, Vol- I, then the TANGEDCO shall

recover as liquidated damages, a sum of

½% (half percent) of the contract price of

the delayed O&M Spares, per week or part

thereof of delay, subject to a maximum of

10% (ten percent) of contract price for the

spares.


specification


4

Delay/early completion of work period Since provision of LD is already available in

the Contract as a deterrent towards any

delay in supplies by the contractor, this

clause may please be deleted.


specification

220 Vol-I responsibility matrix Responsibility matrix We propose that the responsibility matrix for

approval and permits from statutory

authorities by TANGEDCO and Contractor be

mutually discussed & agreed during post-bid

stage.


specification




102


34

Interest on overdue payments On scrutiny of GCC, it is noted that there is

no provision/ recourse available to contractor

in the event of inordinate delay in release of

payments by TANGEDCO. Hence, to provide

some comfort to the contractor in such

eventuality, this clause needs to be reviewed

by TANGEDCO.

We propose the following to deal with such

circumstances:

To facilitate smooth execution of contract

and to avoid any dispute, we request you to

incorporate suitable provision for interest on

delayed payments. Alternatively please add

suitable provision towards suspension of

contract by the contractor in the event of

non receipt of payment within 60 days from

the date of receipt of bills clear in all respects

to TANGEDCO.


specification

222 Vol-I 49/sec I/ITB/page Dispatch clearance Considering a fast track project, dispatch

clearance shall be issued within 3 days from

the date of contractor's intimation. Pl

confirm.

Supply of O&M spares should be upto12

months after the scheduled supply of


specification




103

mandatory Spares.

223 Vol-I 55.2/sec I/ITB/Page 3 years O&M spares While reasonable delivery period for

mandatory spares (completion to be ensured

before Trial Operation date) is available in

the specification, the requirement of 12

months delivery period for O&M spares is

quite low. Further, please appreciate the

O&M spares shall generally be required after

completion of warranty period. Hence, we

would request TANGEDCO to amend the

delivery period of the O&M spares to atleast

30 months from the date of ordering.


specification

224 Vol-I 32/sec 2/GCC/Page Settlement of disputes To facilitate expeditious resolution of

disputes, if any, we propose that same be

discussed and mutually resolved.

In the unfortunate event of non-resolution of

the same, it shall be resolved as per Indian

Arbitration And Conciliation Act, 1996 (as

may be amended from time to time).


specification

227 Vol-I 33.3/sec

3/ECC/Page

Closing of Site office Being an EPC contract contractor's

responsibility is confined to the supply of

items required to complete the system

requirements as envisaged in the

specification to accomplish the

commissioning of the plant. Hence, excess

supplies after commissioning of the plant


specification




104

shall be allowed to be taken back by the

contractor. Pl confirm.

226 Vol-I 41/sec 2/GCC/Page Handing over The 180 days period specified for triggering

of warranty period in the event of non-

conductance of PG Test due to reasons

attributable to owner only is very high. We

would request you to trigger the warranty

period from the date of contractor's

readiness to conduct the PG Test or revise

the period to maximum 30 days. Please

confirm.


specification

227 Vol-I 24/sec 4/SCC/Page Final Acceptance Bidder to follow as per the

specification

228 Vol-I 13.3/sec 1/ITB/Page Taxes & Duties. The clause 13.3 of ITB seems to be

inconsistent with clause 79.2 of GCC as it

stipulates indication of all Taxes & Duties

relating to equipment/ components/ raw

material to be dispatched directly to

purchaser from supplier in clause "Duties,

Taxes & levies" in Schedule - 6 of the

specification. We understand relevant taxes

& duties shall be included as part of ex-works

price in Schedule - 4. Please clarify.


specification

229 Vol-I 79.2/sec

2/GCC/Page

Statutory Variation in Taxes & Duties Bidder to follow as per the

specification

230 Vol-I 14.3 & 14.3.1/Sec-

1/ITB/page

Exchange Rate Variation The clause 14.3 specifies payment of

contract price in respective quoted currencies

while 14.3.1 stipulates payment of foreign

currency at the selling price of SBI as on the

date of payment. Please clarify the

discrepancy.


specification




105

231 Vol-I 30.1.1/sec-

1/ITB/page 30

PRICE BID EVALUATION Being an ICB bid, all applicable taxes &

duties to the contract should be considered

during evaluation process to provide level

playing field to all bidders. Hence it is

requested to kindly include either both

TNVAT & CST during evaluation stage or

exclude both taxes during evaluation.


specification

232 Vol -I 53.10/sec

2/GCC/Page 40

E&C spares Since E&C spares are required only for

commissioning of the plant, adequate

quantity of these spares shall be ensured by

contractor to meet the project requirement

for commissioning of the plant. After

commissioning is over, left over spares shall

be allowed to be taken back by the

contractor. Please confirm.


specification

233 Vol -I 63/Sec -1 /GCC First fill of oil/lubricants Both clauses are contradictory to each other

as one clause specifies supply of additional

10% of required for commissioning of the

equipments while other specifies the supply

of same upto completion of Trial Operation

and 3 months thereafter. Please clarify.


specification

234 Vol- I 14/Sec-4/SCC/Page Paints/consumables Bidder to follow as per the

specification

235 Vol-I 1.0/se 1/ITB page 4 Plot plan during pre-bid meeting.

Bidders are requested to submit

the plot plan along with bid.