request for proposal for proposed pv...

Request for ProposalsTurn-key One-Megawatt Grid-Tied Photovoltaic System

forCagayan Electric Power and Light Company

Proposals due ______________ (details within)

Owner

Cagayan Electric Power & Light Co., Inc.44 Don Toribio Chavez St.

Cagayan de Oro City, Mindanao, Philippines

Tel. Nos.: +63 8822 722 372; 725 298; 725 550Fax No.: +63 8822 723 775

E-mail (1): [email protected] (2): [email protected]

Technical Advisor

Applied Power CorporationAscension Technology Division

235 Bear Hill RoadWaltham, Massachusetts 02451 USA

Tel. No.: +1 781 684 6101Fax No. +1 781 890 2050

E-mail: [email protected]

Table of ContentsTABLE OF CONTENTS.................................................................................................................. I

SECTION A.................................................................................................................................... 1INSTRUCTIONS TO TENDERERS.......................................................................................................1

1. GENERAL INFORMATION/INSTRUCTIONS..................................................................11.1 Project Background and Requirements...................................................................................................11.2 Project Hypothesis...................................................................................................................................11.3 Financing Source(s) for Owner's Counterpart.........................................................................................11.4 Project Owner..........................................................................................................................................21.5 Owner's Technical Advisor.....................................................................................................................2

2. TENDER REQUIREMENTS.............................................................................................22.1 Notification of Intention to Submit a Tender..........................................................................................22.2 Submittal of Tender.................................................................................................................................22.3 Tender Modification and Withdrawal of Bid..........................................................................................32.4 Reservation of Owners’ Rights................................................................................................................32.5 Tender Validity........................................................................................................................................32.6 Site Inspection by Tenderer.....................................................................................................................32.7 Form of Proposal.....................................................................................................................................32.8 Base and Alternate Submittal..................................................................................................................42.9 Pricing and Currency of Proposal............................................................................................................52.10 Payment for Tender Documents..............................................................................................................52.11 Bond.........................................................................................................................................................52.12 Examination of Tender Documents.........................................................................................................52.13 Addenda to Tender Documents...............................................................................................................52.14 Acceptance and Rejection of Proposals and Cost of Preparing Tender..................................................52.15 Omission or Discrepancies......................................................................................................................62.16 Communications During Tender Period..................................................................................................62.17 Language of Proposal..............................................................................................................................6

SECTION B.................................................................................................................................... 7CONTRACT CONDITIONS....................................................................................................................7

1. DEFINITIONS................................................................................................................... 7

2. GENERAL CONTRACT CONDITIONS............................................................................92.1 Law of the Contract.................................................................................................................................92.2 Project Manager.......................................................................................................................................92.3 Contract Form..........................................................................................................................................92.4 Price Schedules........................................................................................................................................92.5 Design Summary.....................................................................................................................................92.6 Project Schedule......................................................................................................................................92.7 Safety Compliance.................................................................................................................................102.8 Non-Collusion Provision.......................................................................................................................102.9 Tenderer's Contractors License Information.........................................................................................102.10 Testing and Acceptance Procedures......................................................................................................102.11 Transfer of Ownership...........................................................................................................................112.12 Force Majeure........................................................................................................................................122.13 Termination of the Contract...................................................................................................................132.14 Suspension.............................................................................................................................................17

______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Table of Contents, Page iRevision dated: 25 January 2001

2.15 Extension...............................................................................................................................................182.16 Assignment............................................................................................................................................19

3. SUPPLEMENTARY CONTRACT CONDITIONS...........................................................193.1 Insurance................................................................................................................................................193.2 Bonds.....................................................................................................................................................213.3 Contingency Fund..................................................................................................................................223.4 Holdback Fund.......................................................................................................................................223.5 Settlement of Disputes Procedure..........................................................................................................233.6 Conditions on Subcontracting................................................................................................................243.7 Proprietary Data and Copyright Infringement.......................................................................................243.8 Construction Management.....................................................................................................................243.9 Environmental and Social Conditions Compliance...............................................................................27

SECTION C.................................................................................................................................. 28TECHNICAL SPECIFICATIONS.........................................................................................................28

1. SITE CHARACTERISTICS.............................................................................................281.1 Location and accessibility......................................................................................................................281.2 Sunlight..................................................................................................................................................281.3 Soils.......................................................................................................................................................291.4 Shading..................................................................................................................................................291.5 Security..................................................................................................................................................29

2. PROCUREMENT PREFERENCES...............................................................................292.1 Scale of system components..................................................................................................................302.2 Construction equipment and approach..................................................................................................30

3. DESIGN SPECIFICATIONS...........................................................................................303.1 Module specifications............................................................................................................................303.2 Module testing and corrective measures................................................................................................303.3 Mean value of module power rating equal or greater than power specification...................................303.4 Spare modules........................................................................................................................................313.5 Warrantee and corrective measures.......................................................................................................313.6 Standards for durability.........................................................................................................................313.7 Power conversion equipment.................................................................................................................323.8 Interconnection to 13.8 kV line.............................................................................................................333.9 Inverter Ratings and Warrantee.............................................................................................................333.10 Inverter standards...................................................................................................................................333.11 Plant Monitoring & Control and Office Building..................................................................................343.12 Remote Monitoring and Control............................................................................................................34

4. SYSTEM SPECIFICATIONS..........................................................................................34

5. INSTRUMENTATION.................................................................................................3635

6. INSTALLATION..............................................................................................................36

7. ACCEPTANCE TESTING and OWNER TRAINING.......................................................36

APPENDIX I................................................................................................................................. 37CONTRACT AGREEMENT..................................................................................................................37

APPENDIX II................................................................................................................................ 41PAYMENT SCHEDULE.........................................................................................................................41

______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Table of Contents, Page iiRevision dated: 25 January 2001

APPENDIX III............................................................................................................................... 42PRICE SCHEDULES..............................................................................................................................42

APPENDIX IV............................................................................................................................... 43DESIGN SUMMARY SHEET................................................................................................................43

APPENDIX V............................................................................................................................ 4645PROJECT SCHEDULE......................................................................................................................46 45

APPENDIX VI........................................................................................................................... 4746CONTRACTORS BASED IN THE PHILIPPINES.........................................................................47 46

A. CONTRACTORS BASED IN CAGAYAN DE ORO:....................................................4746I. General Electrical................................................................................................................................4746II. Civil / Mechanical Works...................................................................................................................4746

B. CONTRACTORS BASED OUTSIDE OF CAGAYAN DE ORO CITY:........................4847I. Electrical Maintenance and Services..................................................................................................4847II. Electro-mechanical Works..................................................................................................................4948III. Electronics, Communication and Instrumentation............................................................................4948

______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Table of Contents, Page iiiRevision dated: 25 January 2001

SECTION A

INSTRUCTIONS TO TENDERERS

1. GENERAL INFORMATION/INSTRUCTIONS

1.1 Project Background and RequirementsCagayan Electric Power & Light Co., Inc. (CEPALCO) is an investor-owned electric distribution utility company serving the city of Cagayan de Oro and three adjacent municipalities in the province of Misamis Oriental on island of Mindanao in the Philippines. The company is one of the largest private electric utility companies in the Philippines outside of the Metro-Manila area and is the most active in the development of non-conventional and renewable energy sources for utility applications in the Philippines.

CEPALCO intends to procure a 1-MW photovoltaic power plant to operate in conjunction with an existing 7-MW mini-hydro plant to provide “firm” power to the CEPALCO electric system. The International Finance Corporation (IFC), acting as an executing agency on behalf of the International Bank for Reconstruction and Development is its capacity as an Implementing Agency of the Global Environment Facility (GEF), has indicated its intention to finance partially a grid-connected photovoltaic electric power plant to be located in CEPALCO's service territory.

Through this request for proposals CEPALCO will select a Contractor to construct a turnkey photovoltaic system on a site provided by CEPALCO. CEPALCO intends to contract with a single entity that will be responsible to CEPALCO for all aspects of the project, including scheduled service and warrantee repairs following transfer of title to CEPALCO.

1.2 Project Hypothesis Substantial future investments in grid-tied PV in developing countries mobilized by international aid agencies, multilateral development banks and the GEF could help promote PV system price reductions that can achieve cost parity with fossil-fuel-based electric capacity expansion alternatives for electric systems in developing economies. This will in turn provide viable alternative to increased fossil-fuel-based generation, thereby favoring development while stemming green house gas emissions.

The GEF has agreed to will subsidize the above-economic cost portion of the PV system and perform a case study of the this pilot project to help determine whether to launch a worldwide program to accelerate markets for grid-tied PV systems.

1.3 Financing Source(s) for Owner's CounterpartPV manufacturers, system integrators and/or contractors who are interested to bid in on this project are requested to liaise between their respective home government and the Owner to assist the Owner in accessing of any available government financing facilities, especially soft loans that support renewable energy projects, for the Owner's counterpart in the project costs.

______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section A - Instructions to Bidders, Page 1Revision dated: 25 January 2001

1.4 Project OwnerThis project is owned by the Cagayan Electric Power & Light Co., Inc. (CEPALCO) with its corporate address at:

Cagayan Electric Power & Light Co., Inc. Tel. (632) 631-1581 to 848th Floor, Strata 100 Building Fax (632) 631-2901Emerald Avenue, Ortigas Complex E-mail (1): [email protected] City, Philippines E-mail (2): [email protected]

1.5 Owner's Technical AdvisorCEPALCO's Technical Advisor for this project is Applied Power Corporation with its division address at:

Applied Power Corporation Tel. No.: +1 781 684 6101Ascension Technology Division Fax No. +1 781 890 2050235 Bear Hill Road E-mail: [email protected], Massachusetts 02451 USA

2. TENDER REQUIREMENTS

2.1 Notification of Intention to Submit a TenderPrior to the submission of proposals, all Tenderers are required to submit an Expression of Intention to Submit a Proposal to the project Owner in the address stated in Clause A1.4. A similar copy should also be sent to the Owner's Technical Advisor with the address stated in Clause A1.5. Further, Tenderers are required to submit together with the Notification of Intention their respective Statement of Qualification to bid in the project. Tenderer shall present its relevant utility and PV system construction experience (with references and contact information) and its financial capability to support the warrantee offered. This Expression of Intention should reach the Owner on or before 5:00pm of January 18, 2001 (Philippine Time).

Tenderers declining to bid the works shall immediately return all Tender documents to the above stated addresses.

2.2 Submittal of TenderTenderers have the option to submit Tender via electronic mail or send the Tender via courier. Electronic submittal should be followed by hard copies in a manner and quantity specified below. To ensure confidentiality and fairness, attachments to electronic mails should be password protected and such passwords shall be revealed only by the Tenderer's authorized representatives on the bid opening date. Tenderers will be informed of the official bid opening date 10 calendar days earlier. It shall be Tenderer's responsibility to ensure that the password protected documents be successfully opened on the opening date. In case of discrepancies between electronic mail version and hard copies of the submitted tender, the version which arrive first to the Owner, unless withdrawn officially, shall be considered the official submittal.

Tenders in electronic format (either Microsoft Word, other word processor files that can be read by Microsoft Word (1997), or in Adobe Acrobat PDF format) are expected to arrive via email at both the CEPALCO and the consultant’s mail servers on or before 5:00pm of March 16, 2001 (Philippine Time). Hard copies (an original plus five (5) copies) should be sent


mailto:[email protected]

directly to the Owner's office at the address stated in Clause A1.4, must arrive within five days of this date and must be sealed and clearly marked:

SEALED BID: DO NOT OPENCEPALCO 1,000 KW PHOTOVOLTAIC PLANT

Each submitted Tender shall give the full business address of the Tenderer and shall be signed by an authorized official of the company. The name of each person signing the solicitation shall be typed or printed below the signature. Satisfactory evidence of the authority of the person signing on behalf of the Tenderer shall be furnished.

2.3 Tender Modification and Withdrawal of BidA Tenderer may, without prejudice to itself, withdraw its Tender by written request provided the request is received by the Owner prior to the Tender due date stated above. Following withdrawal of its Tender, the Tenderer may submit a new Tender which must be received prior to the Tender due date and pursuant to the requirements of Clause A2.2 above.

2.4 Reservation of Owners’ RightsThe Owner reserves all rights, and without any obligations to the Tenderer(s), to (a) choose an alternative and more appropriate site for the Photovoltaic plant from a previously identified site and/or (b) withdraw this Request for Proposal for whatever reason it deems appropriate.

2.5 Tender ValidityTenders shall be binding on the Tenderer, irrevocable, and remain open for acceptance for 180 days from the Tender due date.

2.6 Site Inspection by TendererIn addition to examination of this solicitation, Tenderers may make whatever other arrangements are necessary to become fully informed regarding all existing and expected conditions and matters which, during the contract time period, could affect in any way, the work, performance of work, or the cost thereof. Any failure to fully investigate the work site or the foregoing conditions shall not relieve the Tenderer from responsibilities for properly estimating the difficulty or cost of successfully performing the work. The Owner assumes no responsibility for any representation made by its representatives or agents, during or prior to the execution of a contract pursuant to this solicitation, unless such information is in writing in the form of an Addendum to this solicitation.

2.7 Form of Proposal Tenders must be submitted with the Tender Form provided and must be complete in all respects. Any exceptions the Tenderer wishes to stipulate shall be contained in a separate letter accompanying the Tender. Tenders must be submitted with the following information:

2.7.1 Bidder Information (Cover page)Provide a cover page with the name of the bidding organization (and website), the individual responsible for contract negotiation and contact information (address, phone, fax, and email).


2.7.2 Bidder Experience and QualificationsBidder shall present its relevant utility and PV system construction experience (with references and contact information) and its financial capability to support the warrantee offered.

Further, the Tenderer is required to submit its brief Company Profile and copies of supporting documents including, but not limited to: (a) Business Permit, (b) Securities and Exchange Commission (SEC) Certificate of Registration or its equivalent, if a corporation (c) Philippine Contractors Accreditation Board (PCAB) License, (d) Manpower and Equipment capability, and (e) Department of Labor and Employment (DOLE) Certificate of Registration. All Tenderer’s subcontractor(s) should likewise comply and submit all the above-mentioned requirements.

2.7.3 Warrantee LanguageBidder shall provide the proposed warrantee language, specifically describing the coverage provided for the system, and specifically indicating that the Contractor, not component suppliers, will be accountable to the Owner for addressing all warrantee claims.

2.7.4 System SpecificationsDetails of the proposed system specifications should satisfy those specified in Section C - Technical Specifications hereof.

2.8 Base and Alternate SubmittalPROJECT HARDWARE. A 1-MW (PTC, ac1) PV plant will operate in conjunction with a 7-MW mini-hydroelectric power station to provide firm power to the Cagayan Electric Power and Light Company. This is an alternative to purchasing diesel-generated electricity from and paying transmission access charges to the Philippine National Power Company grid on Mindanao.

This procurement is solely for a 1-MW PV power plant that will be interconnected with the CEPALCO electric distribution system on a 13.8-kV distribution circuit and operated using the instantaneous solar energy resource. All aspects of the conjunctive operation of the PV plant with CEPALCO’s mini-hydroelectric generating station are beyond the scope of this solicitation.

PROJECT BUDGET. There is a fixed budget for this procurement, based on expectation that a 1-MW PV plant could be built at a cost to CEPALCO of approximately $6 per watt (PTC, ac). The Owner reserves the right to reduce the capacity of the plant in order to stay within budget limits. Price quotations are required for every 50 kW2 decrement in capacity down to a minimum of 800 kWac.

ALTERNATE SUBMITTAL. Submittals shall meet the requirements and conform to the format described in various sections of this Request for Proposals. However, Tenderers may submit alternate submittals in addition to the base submittal, when they consider the alternative to be technically better or more cost effective. The alternate submittal should be submitted as an amendment to the base submittal package.

1 PV USA test conditions: 1,000 W/m2 irradiance, 20 degrees C ambient air temperature, 1 m/s wind speed. 2 Actual ratings may be within +/- 5% of these nominal ratings to reflect achievable source circuit ratings.______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section A - Instructions to Bidders, Page 4Revision dated: 25 January 2001

2.9 Pricing and Currency of Proposal(a) All prices shall be made in United States Dollars (US$), be firm and not subject to

escalation for the duration of the contract.

(b) In all bids, prices shall be written in words as well as expressed in figures. In case of discrepancies between prices in words and figures, the price in words shall be considered as the bid.

(c) The total bid price shall be inclusive of all necessary and appropriate insurance, taxes, duties and licenses required to supply and deliver the equipment and render the services as required in this solicitation.

2.10 Payment for Tender DocumentsInterested Tenderers are required to pay $ 500.00 for the Tender Documents obtained from the Owner. Such payments are not refundable.

2.11 BondBids must be accompanied by a Bid Bond, executed as surety by a corporation authorized to issue surety bonds in the Philippines, in an amount equal to ten percent (10%) of the bid. The surety should remain valid 60 days after the expiration of tender validity.

2.12 Examination of Tender DocumentsAny Tenderer planning to submit a Tender is responsible for examining with appropriate care, the complete Tender Documents and all Addenda, and is also responsible for obtaining all information with respect to all conditions which might in any way affect the cost or the performance of the work. Failure to do so will be at the sole risk of the Tenderer, and no excuse shall be accepted for errors or omission by the Tenderer.

2.13 Addenda to Tender DocumentsAdditional information given or corrections made during the Tender period will be issued in the form of an Addendum to the Tender Documents, and the instructions contained therein shall become a part of the Tender Documents upon which the Tender is based. The Addenda which have been included in the Tender shall be listed in the space provided in Article II of the Contract Agreement.

2.14 Acceptance and Rejection of Proposals and Cost of Preparing TenderAfter opening the Tenders, the Owner will evaluate the proposals for completeness.

The Owner reserves the right to reject any or all Tenders, to modify or withdraw the Tender Request at any time, and to enlarge or reduce the Scope of Work before or after accepting the Tender. The Owner shall in no way be committed to accept the lowest tender and is not liable to assign any reason for its choice.

The cost of preparing the Tender is the entire responsibility of the Tenderer. The Owner will in no circumstance accept claims for preparing such documents.


2.15 Omission or DiscrepanciesThe Tenderer shall notify the Owner, in the manner and at the address set forth herein, immediately upon the discovery during the Tender period of any ambiguities, discrepancies, errors or omissions in the Tender Documents, and shall request clarification or correction of the same in writing.

After contract award, any work done after such discovery, until authorized by the Owner, shall be done at the Contractor's risk. If information necessary for a clear understanding of the work is absent from the Contract documents, or should the requirements appear to be in conflict, the Contractor shall secure written instructions from the Owner before proceeding with the affected work.

2.16 Communications During Tender PeriodThe Tenderer must make certain that he understands all the requirements of the work. He must direct all questions and correspondence from the date of issuance of the Tender Documents until the execution of the Contract, in writing, to the address stated in Clause A1.4 hereof. A copy of such correspondence may also be sent to the Owner's Technical Advisor with the address as stated in Clause A1.5 hereof. It is agreed that communications emanating from the Tenderer's declared email address is considered an official written communications from the Tenderer. Likewise, correspondence emanating from the Owner's declared email address is also considered official written communications. Preferably, respective recipients should receive hard copy of any correspondence sent electronically within five (5) days.

2.17 Language of ProposalAll Tenders, correspondence and other information relating to the Tender Documents shall be in the English language. Dimensions and weights shall be in metric units. Execution and manufacturer's shop drawings, maintenance manuals and operating instructions shall be in English.


SECTION B

CONTRACT CONDITIONS

1. DEFINITIONS

In these Contract Conditions, the Contract Agreement (Appendix I) to which they apply and, so far as applicable, in the other Contract Documents, the following words and phrases shall have the following meanings.

These definitions are intended to be used as a helpful guide. In case of conflict with the General Contract Conditions, the General Contract Conditions govern.

TERM

Contract:

Contract Documents:

DEFINITION

The Contract Agreement between the Owner and the Contractor, covering the performance of the work and the furnishing of labor, materials and equipment defined in the Contract documents.

The Contract Documents consist of the executed Contract Agreement and the Contract Conditions thereto, related special or supplementary conditions, specifications, drawings and such other documents as are listed in Article 2 of Appendix I, including all amendments thereto incorporated pursuant to the provisions of the Contract or agreed upon between parties; information for Tenderers and Form of Tender, the Invitation to Submit Expression of Intention to Submit a Proposal, any and all other drawings approved under this Contract; all addenda bulletins and change orders relative to the Work hereunder; all documents supplementary to or provided for in the above either given by any party having authority to give such or else agreed between the parties thereto; and any judgment, declaration, order or award made by a tribunal or competent authority relative to the Work stipulated herein; provided that such Contract Documents shall be taken at any particular time to include only those of the above documents of which both parties hereto had, was deemed by Contract to have or ought reasonably otherwise deemed to have had notice at such time.

______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section B - Contract Conditions, Page 7Revision dated: 25 January 2001

Contractor:

Other Contractors:

Owner:

Subcontractor:

Plans:

Specifications:

Job-site/Work-site:

The Work:

Substantial Performance:

The individual or organization who has entered into the Contract with the project Owner.

Any person, firm or corporation employed by or having separate contract directly or indirectly with the Owner for works other than that required by the Contract Documents.

The party named as such in the Contract Agreement, and its authorized representatives; the Cagayan Electric Power and Light Co., Inc. or CEPALCO

A person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work included in the Contract, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. Subcontractors are employed by the Contractor.

The official drawings including plans, elevations, sections, detail drawings, diagrams, plates, general notes, information, and schedules thereon, showing the location, character, dimensions, and details of the work. The plans include any drawings or plates found within the specifications.

The instructions, provisions, conditions, and detailed requirements pertaining to the method and manner of performing the work, and to the quality and quantity of work to be furnished and installed under the Contract.

The location at which the Contract work will be performed.

The total construction required by the Contract Documents and includes all labor, products and services.

Substantial performance is as defined when the Work is ready for use or being used for the purpose intended, and a Commissioning Complete Acceptance Certificate has been issued by the Owner or the Owner's consultant.


Commissioning Complete Acceptance Certificate:

Total Performance:

The document which sets forth the date when the formal transfer by the Contractor to the Owner of the custody and operational aspect of the Work has been completed.

Total Performance shall mean when the entire Work has been performed to the requirements of the Contract Documents.

2. GENERAL CONTRACT CONDITIONS

2.1 Law of the ContractThe Contract shall be governed by and interpreted in accordance with laws of the Republic of the Philippines.

2.2 Project ManagerWithin fourteen (14) days after signing the Contract Agreement, the Owner shall appoint and notify the Contractor in writing of the name of its Project Manager whose primary role is to supervise and manage the Contract on behalf of the Owner with the intention of achieving the Owner’s objectives for the completed Contract.

2.3 Contract FormIf awarded the contract, the Tenderer agrees to execute a Contract Agreement and furnish the necessary bonds and other documents specified in the Supplementary Conditions within the time set forth herein. The Contract Agreement form is found in Appendix I hereof.

2.4 Price SchedulesTenderers must complete and submit the Price Schedules Form found in Appendix III hereof. Information should be complete enough to permit full economic evaluation of the proposal.

2.5 Design SummaryCompleted Design Summary Sheet should accompany each submitted Tender. The design summary sheet is found in Appendix IV hereof.

2.6 Project ScheduleIn order for the Owner to coordinate the work under this contract with that of others on the project, the Owner requires the Tenderer to provide the estimated comprehensive schedule of days and resources required to deliver and install equipment in the area.


2.7 Safety Compliance(a) Tenderer agrees that, if awarded the Contract, it is fully responsible for the acts and

omissions of its subcontractors and all persons either directly or indirectly employed by Tenderer; and

(b) Tenderer must submit a written Code of Safety Practices in relation to the performance of the work specified in the Contract.

2.8 Non-Collusion ProvisionTenderers must submit together with the Tender an Affidavit of Non-Collusion properly signed and notarized by a Notary Public.

2.9 Tenderer's Contractors License Information(a) It shall be the Tenderer's obligation to undertake necessary actions in compliance with all

Philippine laws and regulations governing business transaction in the Philippines on matters that involve employment, taxation, etc., to acquire all necessary approvals, licenses and permits related thereto, and pay corresponding fees required to acquire such approvals, licenses and/or permits.

(b) Tenderer should be able to prove that it has no legal impediment in executing works in the Philippines by submitting with its Tender its valid and active contractors' license issued by Philippine contractors' licensing office (Philippine Contractors Accreditation Board).

2.10 Testing and Acceptance Procedures(a) The Contractor shall at its own expense carry out at the place of manufacture and/or on

the Site all such tests and/or inspections of the Plant and Equipment and any part of the Facilities as are specified in the Contract.

(b) The Owner and the Project Manager or their designated representatives shall be entitled to attend the aforesaid test and/or inspection, provided that the Owner shall bear all costs and expenses incurred in connection with such attendance including, but not limited to, all traveling and board and lodging expenses.

(c) Whenever the Contractor is ready to carry out any such test and/or inspection, the Contractor shall give a reasonable advance notice of such test and/or inspection and of the place and time thereof to the Project Manager. The Contractor shall obtain from any relevant third party or manufacturer any necessary permission or consent to enable the Owner and the Project Manager (or their designated representatives) to attend the test and/or inspection.

(d) The Contractor shall provide the Project Manager with a certified report of the results of any such test and/or inspection.

If the Owner or Project Manager (or their designated representatives) fails to attend the test and/or inspection, or if it is agreed between the parties that such persons shall not do so, then the Contractor may proceed with the test and/or inspection in the absence of such persons, and may provide the Project Manager with a certified report of the results thereof.

(e) The Project Manager may require the Contractor to carry out any test and/or inspection not required by the Contract, provided that the Contractor’s reasonable costs and expenses incurred in the carrying out of such test and/or inspection shall be added to the


Contract Price. Further, if such test and/or inspection impedes the progress of work on the facilities and/or the Contractor’s performance of its other obligations under the Contract, due allowance will be made in respect of the time for completion and the other obligations so affected.

(f) If any Plant and Equipment or any part of the Facilities fails to pass any test and/or inspection, the Contractor shall either rectify or replace such Plant and Equipment or part of the Facilities and shall repeat the test and/or inspection upon giving a notice under Clause B2.10(c).

(g) Any dispute or difference of opinion that arise between the parties in connection with or arising out of the test and/or inspection of the Plant and Equipment or part of the Facilities shall be settled pursuant to Clause B3.5.

(h) The Contractor shall afford the Owner and the Project Manager, at the Owner’s expense, access at any reasonable time to any place where the Plant and Equipment are being manufactured or the Facilities are being installed, in order to inspect the progress and the manner of manufacture or installation, provided that the Project Manager shall give the Contractor a reasonable prior notice.

(i) The Contractor agrees that neither the execution of a test and/or inspection of Plant and Equipment or any part of the Facilities, nor the attendance by the Owner or the Project Manager, nor the issue of any test certificate pursuant to Clause B2.10(d), shall release the Contractor from any other responsibilities under the Contract.

(j) No part of the Facilities or foundations shall be covered up on the Site without the Contractor carrying out any test and/or inspection required under the Contract. The Contractor shall give a reasonable notice to the Project Manager whenever any such part of the Facilities or foundations are ready or about to be ready for test and/or inspection; such test and/or inspection and notice thereof shall be subject to the requirements of the Contract.

(k) The Contractor shall uncover any part of the Facilities or foundations, or shall make openings in or through the same as the Project Manager may from time to time require at the Site, and shall reinstate and make good such part or parts.

If any parts of the Facilities or foundations have been covered up at the Site after compliance with the above requirement and are found to be executed in accordance with the Contract, the expenses of uncovering, making openings in or through, reinstating, and making good the same shall be borne by the Owner, and the time for completion shall be reasonably adjusted to the extent that the Contractor has thereby been delayed or impeded in the performance of any of its obligations under the Contract.

2.11 Transfer of Ownership(a) Ownership of the Plant and Equipment (including spare parts) to be imported into the

Philippines shall be transferred to the Owner upon loading on to the mode of transport to be used to convey the Plant and Equipment from the country of origin to Philippines.

(b) Ownership of the Plant and Equipment (including spare parts) procured in the Philippines shall be transferred to the Owner when the Plant and Equipment are brought on to the Site.

(c) Ownership of the Contractor’s Equipment used by the Contractor and its Subcontractors in connection with the Contract shall remain with the Contractor or its Subcontractors.

(d) Ownership of any Plant and Equipment in excess of the requirements for the Facilities shall revert to the Contractor upon Completion of the Facilities or at such earlier time when the Owner and the Contractor agree that the Plant and Equipment in question are no longer required for the Facilities.


(e) Notwithstanding the transfer of ownership of the Plant and Equipment, the responsibility for care and custody thereof together with the risk of loss or damage thereto shall remain with the Contractor until Completion of the Facilities or the part thereof in which such Plant and Equipment are incorporated.

2.12 Force Majeure(a) “Force Majeure” shall mean any event beyond the reasonable control of the Owner or of

the Contractor, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include, without limitation, the following:

(i) war, hostilities or warlike operations (whether a state of war be declared or not), invasion, act of foreign enemy and civil war

(ii) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, conspiracy, riot, civil commotion and terrorist acts

(iii) confiscation, nationalization, mobilization, commandeering or requisition by or under the order of any government or de jure or de facto authority or ruler or any other act or failure to act of any local state or national government authority

(iv) strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means of public transportation and communication, industrial dispute, shipwreck, shortage or restriction of power supply, epidemics, quarantine and plague

(v) earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or cyclone, hurricane, storm, lightning, or other inclement weather condition, nuclear and pressure waves or other natural or physical disaster

(vi) shortage of labor, materials or utilities where caused by circumstances that are themselves Force Majeure.

(b) If either party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

(c) The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended in accordance with Clause B2.15.

(d) The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their obligations under the Contract, but without prejudice to either party’s right to terminate the Contract under Clause B2.13.

(e) No delay or nonperformance by either party hereto caused by the occurrence of any event of Force Majeure shall

(i) constitute a default or breach of the Contract(ii) give rise to any claim for damages or additional cost or expense occasioned thereby

if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure.

(f) If the performance of the Contract is substantially prevented, hindered or delayed 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 one or more events of Force Majeure during the currency of the Contract, the parties will attempt to develop a mutually satisfactory solution, failing which either party may terminate the Contract by giving a notice to the


other, but without prejudice to either party’s right to terminate the Contract under Clause B2.13.

(g) In the event of termination pursuant to Clause B2.12(f) , the rights and obligations of the Owner and the Contractor shall be as specified in Clause B2.13.

(h) Notwithstanding Clause B2.12(e), Force Majeure shall not apply to any obligation of the Owner to make payments to the Contractor herein.

2.13 Termination of the Contract(a) Termination for Owner’s Convenience

(i) The Owner may at any time terminate the Contract for any reason by giving the Contractor a notice of termination that refers to this Clause B2.13(a).

(ii) Upon receipt of the notice of termination under Clause B2.13(a)(i), the Contractor shall either immediately or upon the date specified in the notice of termination

(1) cease all further work, except for such work as the Owner may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

(2) terminate all subcontracts, except those to be assigned to the Owner pursuant to paragraph (4) (b) below

(3) remove all Contractor’s Equipment from the Site, repatriate the Contractor’s and its Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish and debris of any kind, and leave the whole of the Site in a clean and safe condition

(4) In addition, the Contractor, subject to the payment specified in Clause B2.13(a)(iii), shall

(a) deliver to the Owner the parts of the Facilities executed by the Contractor up to the date of termination

(b) to the extent legally possible, assign to the Owner all right, title and benefit of the Contractor to the Facilities and to the Plant and Equipment as of the date of termination, and, as may be required by the Owner, in any subcontracts concluded between the Contractor and its Subcontractors

(c) deliver to the Owner all non-proprietary drawings, specifications and other documents prepared by the Contractor or its Subcontractors as at the date of termination in connection with the Facilities.

(iii) In the event of termination of the Contract under Clause B2.13(a)(i), the Owner shall pay to the Contractor the following amounts:

(1) the Contract Price, properly attributable to the parts of the Facilities executed by the Contractor as of the date of termination

(2) 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

(3) any amounts to be paid by the Contractor to its Subcontractors in connection with the termination of any subcontracts, including any cancellation charges


(4) costs incurred by the Contractor in protecting the Facilities and leaving the Site in a clean and safe condition pursuant to paragraph (a) of Clause B2.13(a)(ii)

(5) 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 (1) through (4) above.

(b) Termination for Contractor’s Default

(i) The Owner, without prejudice to any other rights or remedies it may possess, may terminate the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefor to the Contractor, referring to this Clause B2.13(b):

(1) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a 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 Contractor takes or suffers any other analogous action in consequence of debt

(2) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provision of Clause B2.16.

(3) if the Contractor, in the judgment of the Owner has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

For the purpose of this Sub-Clause:

“corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Owner, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition.

(ii) If the Contractor

(1) has abandoned or repudiated the Contract

(2) has without valid reason failed to commence work on the Facilities promptly or has suspended the progress of Contract performance for more than twenty-eight (28) days after receiving a written instruction from the Owner to proceed

(3) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause

(4) refuses or is unable to provide sufficient materials, services or labor to execute and complete the Facilities in the manner specified in the Contract at rates of progress that give reasonable assurance to the Owner that the Contractor can attain Completion of the Facilities by the time for completion as extended, then the Owner may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to remedy the same within fourteen (14) days of its receipt of such notice, then the Owner may terminate the Contract


forthwith by giving a notice of termination to the Contractor that refers to this Clause B2.13(b).

(iii) Upon receipt of the notice of termination under Clause B2.13(b)(i) or Clause B2.13(b)(ii), the Contractor shall, either immediately or upon such date as is specified in the notice of termination,

(1) cease all further work, except for such work as the Owner may specify in the notice of termination for the sole purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

(2) terminate all subcontracts, except those to be assigned to the Owner pursuant to paragraph (4) below

(3) deliver to the Owner the parts of the Facilities executed by the Contractor up to the date of termination

(4) to the extent legally possible, assign to the Owner all right, title and benefit of the Contractor to the Facilities and to the Plant and Equipment as of the date of termination, and, as may be required by the Owner, in any subcontracts concluded between the Contractor and its Subcontractors

(5) deliver to the Owner all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities.

(iv) The Owner may enter upon the Site, expel the Contractor, and complete the Facilities itself or by employing any third party. The Owner may, to the exclusion of any right of the Contractor over the same, take over and use with the payment of a fair rental rate to the Contractor, with all the maintenance costs to the account of the Owner and with an indemnification by the Owner for all liability including damage or injury to persons arising out of the Owner’s use of such equipment, any Contractor’s Equipment owned by the Contractor and on the Site in connection with the Facilities for such reasonable period as the Owner considers expedient for the supply and installation of the Facilities.

Upon completion of the Facilities or at such earlier date as the Owner thinks appropriate, the Owner shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the Site and shall return such Contractor’s Equipment to the Contractor in accordance with such notice. The Contractor shall thereafter without delay and at its cost remove or arrange removal of the same from the Site.

(v) Subject to Clause B2.13(b)(vi), the Contractor shall be entitled to be paid the Contract Price attributable to the Facilities executed as of the date of termination, the value of any unused or partially used Plant and Equipment on the Site, and the costs, if any, incurred in protecting the Facilities and in leaving the Site in a clean and safe condition pursuant to paragraph (1) of Clause B2.13(b)(iii). Any sums due the Owner from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract.

(vi) If the Owner completes the Facilities, the cost of completing the Facilities by the Owner shall be determined.

If the sum that the Contractor is entitled to be paid, pursuant to Clause B2.13(b)(v), plus the reasonable costs incurred by the Owner in completing the Facilities, exceeds the Contract Price, the Contractor shall be liable for such excess.


If such excess is greater than the sums due the Contractor under Clause B2.13(b)(v), the Contractor shall pay the balance to the Owner, and if such excess is less than the sums due the Contractor under Clause B2.13(b)(v), the Owner shall pay the balance to the Contractor.

The Owner and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid.

(c) Termination by Contractor

(i) If

(1) the Owner 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 pursuant to Article IV of the Contract Agreement, or commits a substantial breach of the Contract, the Contractor may give a notice to the Owner that requires payment of such sum, with 1% interest thereon, requires approval of such invoice or supporting documents, or specifies the breach and requires the Owner to remedy the same, as the case may be. If the Owner fails to pay such sum together with such interest, fails to approve such invoice or supporting documents or give its reasons for withholding such approval, fails to remedy the breach or take steps to remedy the breach within fourteen (14) days after receipt of the Contractor’s notice, or

(2) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Owner, including but not limited to the Owner’s failure to provide possession of or access to the Site or other areas or failure to obtain any governmental permit, other than those mentioned in Clause B2.9(a), necessary for the execution and/or completion of the Facilities, then the Contractor may give a notice to the Owner thereof, and if the Owner 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 Owner within twenty-eight (28) days of the said notice, the Contractor may by a further notice to the Owner referring to this Clause B2.13(c)(1), forthwith terminate the Contract.

(ii) The Contractor may terminate the Contract forthwith by giving a notice to the Owner to that effect, referring to this Clause B2.13(c)(ii), if the Owner becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, being a corporation, if a 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 Owner takes or suffers any other analogous action in consequence of debt.

(iii) If the Contract is terminated under Clause B2.13(c)(i) or Clause B2.13(c)(ii), then the Contractor shall immediately

(1) cease all further work, except for such work as may be necessary for the purpose of protecting that part of the Facilities already executed, or any work required to leave the Site in a clean and safe condition

(2) terminate all subcontracts, except those to be assigned to the Owner pursuant to paragraph (4)(b)

(3) remove all Contractor’s Equipment from the Site and repatriate the Contractor’s and its Subcontractors’ personnel from the Site.


(4) In addition, the Contractor, subject to the payment specified in Clause B2.13(c)(iv), shall

(a) deliver to the Owner the parts of the Facilities executed by the Contractor up to the date of termination

(b) to the extent legally possible, assign to the Owner all right, title and benefit of the Contractor to the Facilities and to the Plant and Equipment as of the date of termination, and, as may be required by the Owner, in any subcontracts concluded between the Contractor and its Subcontractors

(c) deliver to the Owner all drawings, specifications and other documents prepared by the Contractor or its Subcontractors as of the date of termination in connection with the Facilities.

(iv) If the Contract is terminated under Clause B2.13(c)(i) or Clause B2.13(c)(ii), the Owner shall pay to the Contractor all payments specified in Clause B2.13(a)(iii), and reasonable compensation for all loss, except for loss of profit, or damage sustained by the Contractor arising out of, in connection with or in consequence of such termination.

(v) Termination by the Contractor pursuant to this Clause B2.13(c) is without prejudice to any other rights or remedies of the Contractor that may be exercised in lieu of or in addition to rights conferred by Clause B2.13(c).

(d) In this Clause B2.13, the expression “Facilities executed” shall include all work executed, Installation Services provided, and all Plant and Equipment acquired (or subject to a legally binding obligation to purchase) by the Contractor and used or intended to be used for the purpose of the Facilities, up to and including the date of termination.

(e) In this Clause B2.13, in calculating any monies due from the Owner to the Contractor, account shall be taken of any sum previously paid by the Owner to the Contractor under the Contract, including any advance payment paid pursuant to Article IV of the Contract Agreement.

2.14 Suspension(a) The Owner may request the Project Manager, by notice to the Contractor, to order the

Contractor to suspend performance of any or all of its obligations under the Contract. Such notice shall specify the obligation of which performance is to be suspended, the effective date of the suspension and the reasons therefor. The Contractor shall thereupon suspend performance of such obligation (except those obligations necessary for the care or preservation of the Facilities) until ordered in writing to resume such performance by the Project Manager.

If, by virtue of a suspension order given by the Project Manager, other than by reason of the Contractor’s default or breach of the Contract, the Contractor’s performance of any of its obligations is suspended for an aggregate period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still suspended, the Contractor may give a notice to the Project Manager requiring that the Owner shall, within twenty-eight (28) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change in accordance with Clause B3.8, excluding the performance of the suspended obligations from the Contract.

If the Owner fails to do so within such period, the Contractor may, by a further notice to the Project Manager, elect to treat the suspension, where it affects a part only of the


Facilities, as a deletion of such part in accordance with Clause B3.8 or, where it affects the whole of the Facilities, as termination of the Contract under Clause B2.13(a).

(b) If

(i) the Owner 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 pursuant to Article IV of the Contract Agreement, or commits a substantial breach of the Contract, the Contractor may give a notice to the Owner that requires payment of such sum, with 1% interest thereon, requires approval of such invoice or supporting documents, or specifies the breach and requires the Owner to remedy the same, as the case may be. If the Owner fails to pay such sum together with such interest, 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 or

(ii) the Contractor is unable to carry out any of its obligations under the Contract for any reason attributable to the Owner, including but not limited to the Owner’s failure to provide possession of or access to the Site, or failure to obtain any governmental permit necessary for the execution and/or completion of the Facilities,

then the Contractor may by fourteen (14) days’ notice to the Owner suspend performance of all or any of its obligations under the Contract, or reduce the rate of progress.

(c) If the Contractor’s performance of its obligations is suspended or the rate of progress is reduced pursuant to this Clause B2.14, then the time for completion shall be extended in accordance with Clause B2.15(a), and any and all additional costs or expenses incurred by the Contractor as a result of such suspension or reduction shall be paid by the Owner to the Contractor in addition to the Contract Price, except in the case of suspension order or reduction in the rate of progress by reason of the Contractor’s default or breach of the Contract.

(d) During the period of suspension, the Contractor shall not remove from the Site any Plant and Equipment, any part of the Facilities or any Contractor’s Equipment, without the prior written consent of the Owner.

2.15 Extension(a) The Time(s) for Completion specified in Appendix V 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:

(i) any Change in the Facilities as provided in Clause B3.8

(ii) any occurrence of Force Majeure as provided in Clause B2.12

(iii) any suspension order given by the Owner under Clause B2.14 hereof or reduction in the rate of progress pursuant to Clause B2.14(b) or

(iv) any changes in laws and regulations or

(v) any default or breach of the Contract by the Owner, or any activity, act or omission of any other contractors employed by the Owner or

(vi) 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.

(b) 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 practicable after receipt of such notice and supporting particulars of the claim, the Owner and the Contractor shall agree upon the period of such extension. In the event that the Contractor does not accept the Owner’s estimate of a fair and reasonable time extension, the matter shall be resolved pursuant to Clause B3.5 .

(c) The Contractor shall at all times use its reasonable efforts to minimize any delay in the performance of its obligations under the Contract.

2.16 AssignmentNeither the Owner nor the Contractor shall, without the express prior written consent of the other party (which consent shall not be unreasonably withheld), assign to any third party the Contract or any part thereof, or any right, benefit, obligation or interest therein or thereunder, except that the Contractor shall be entitled to assign either absolutely or by way of charge any monies due and payable to it or that may become due and payable to it under the Contract.

3. SUPPLEMENTARY CONTRACT CONDITIONS

3.1 Insurance(a) Insurance of Works and Equipment

Without limiting its obligations and responsibilities, the Contractor shall insure with a separate policy, in the joint names of the Owner, the Owner's Consultants, Contractor, Subcontractors and Contractor's Consultants, against all loss or damage from whatever cause arising, other than the excepted risks, for which it is responsible under the terms of the Contract and in such manner that the Owner, the Owner's Consultants, Contractor, Subcontractors and Contractor's Consultants shall be covered for any loss or damage occasioned by the Contractor or his suppliers or subcontractors in the course of any operation carried out in the execution of this Contract.

(i) Equipment transport from manufacturer’s shop to the plant site to the replacement value of such equipment.

(ii) The complete works of the project to the total value of the turnkey contract.

(iii) The equipment and other things brought to the site by the Contractor to the replacement value of such equipment and other such things.

Such insurance shall be effected with an insurer and in terms approved by the Owner, which approval shall not be unreasonably withheld, and the Contractor shall provide the Owner with the policy or policies of insurance and the receipts for payment of the current premiums before assigning people and commencing work on the job site.

(b) Damage to Persons and Property


The Contractor shall indemnify the Owner, the Owner's Consultants, Contractor, Subcontractors and Contractor's Consultants against all losses and claims in respect to injuries or damage to any person or material or physical damage to any property whatsoever in respect of or in relation to the performance of the Work herein specified.

(c) Third Party Insurance

Before commencing the execution of the Work, the Contractor, without limiting its obligations and responsibilities under this Clause, shall insure with a separate policy against its liability for any material or physical damage, loss or injury which may occur to any property or to any person, including any employee of the Owner or the Owner's Consultants, by or arising out of the execution of the Work or in carrying out the Contract.

Such insurance shall be effected with an insurer and in terms approved by the Owner, which approval shall not be unreasonably withheld. The amount of coverage shall be at least equal to reasonable risk. The Contractor, whenever required, shall provide the Owner with copies of the policy or policies of insurance and the receipts for payment of the current premiums.

(d) Accident and Injury to Workers

The Contractor shall ensure with a separate policy against any liability with an insurer approved by the Owner, which approval shall not be unreasonably withheld, and shall maintain such insurance during the whole of the time that any persons are employed by him on the Work, and when required, shall provide the Owner with copies of such policy of insurance and the receipt for payment of the current premium. Provided always that in respect of any persons employed by the Subcontractor, the Contractor's obligation to insure under this clause shall be satisfied if the Subcontractor shall have insured against the liability with an insurer approved by the Owner, which approval shall not be unreasonably withheld, in respect of such persons in such manner that the Owner is indemnified under the policy, but the Contractor shall require such Subcontractor to provide the Owner with such policies of insurance and the receipt for the payment of the current premium.

(e) Duration

All insurance must be obtained prior to commencing construction and valid for a period of at least twelve (12) months after the Owner's acceptance of the Work.

(f) Approval and Notice

Each of the insurance policies must be subscribed from insurers duly authorized in the Philippines. The content of all insurance policies, as well as subsequent revisions, must be approved by the Owner.

These policies must carry a clause to the effect that the Owner will be advised in writing at least 90 days before any diminution, cancellation or non-renewal of policy coverage may occur.

(g) Other Insurance of Contractor

Upon signature of the contract, the Contractor must supply to the Owner, documents attesting that:

(i) The Contractor is in accordance with the appropriate governing Workers Safety Commission from the start of the Work until the end according to the turnkey contract having been accepted by the Owner.


(ii) That he possesses Civil Automobile Liability Insurance or its equivalent for damages and material covering all vehicles and equipment which the Contractor owns or leases, and with a limit of at least $ 250,000 per accident, all damages included.

(iii) That he has "ALL RISK" INSURANCE with a limit of not less than the real value for the types of machinery, equipment and tools which the Contractor owns, leases or is responsible for during the Work.

(h) Remedy on Contractor's Failure to Insure

If the Contractor fails to effect and keep in force the insurances referred to in Clauses (i) to (iv) and (vii), or any other insurance which it may be required to effect under the terms of the Contract, then and in any case the Owner may effect and keep in force any such insurance and pay such premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Owner from any monies due or which may become due to the Contractor or recover the same as a debt owing to the Contractor.

(i) Owner's Indemnity

The Owner shall not be liable for or in respect of any damages or compensation payable by law in respect or in consequence of any accident or injury to any worker or other person in the employment of the Contractor or any Subcontractors, save and except an accident or injury from any or default of the Owner or their agents. The Contractor shall indemnify and save harmless the Owner against such damages and compensation, save and except as aforesaid, and against all claims, proceedings, cost, charges and expenses whatsoever in respect thereof or in relation thereto.

3.2 Bonds(a) Performance Bond

(i) The Contractor must, upon signing of the Contract with the Owner, provide to the Owner a Performance Bond to guarantee the faithful performance of the Work and the fulfillment of his obligation under this Contract in an amount equivalent to thirty percent (30%) of the Contract Price.

(ii) The securities are to be from a known company approved by the Owner and authorized to act as an insurer in the Republic of the Philippines where the Work is being done.

(iii) The bond shall be in the form of cash, manager's cheque, cashier's cheque, bank guarantee, letter of credit or a surety bond, or a combination thereof acceptable to the Owner, and shall be valid from the effective date of the Contract until six (6) months beyond Owner's acceptance of the Work.

(b) Guarantee Bond

The Contractor shall guarantee the complete Project against defective work and materials for one (1) year. This guarantee shall be in the form of an irrevocable Letter of Credit in the amount of ten percent (10%) of the Contract Price. The Guarantee Bond shall be posted as a prerequisite for the issuance of the Commissioning Complete Acceptance Certificate. Should defects be discovered during the guarantee period, such defective works of materials shall be repaired, corrected or replaced, as the case may be. In case of failure of the Contractor to repair, correct or replace the defects within a reasonable period of time, the Contractor, as directed, shall forfeit the Guarantee Bond and the


Owner shall be entitled to access the line of credit provided by the Guarantee Bond in order to repair, correct or replace such defects.

(c) Equipment Warrantee

Equipment warrantee shall be as provided in Clause C3.5 and Clause C3.9.

3.3 Contingency Fund(a) Utilization

The Contractor shall include (in its bid price) a Contingency Fund of US$250,000 that may be utilized for any modifications specifically instructed and approved by the Owner, or for any claims which the Contractor is entitled. The existence of the Contingency Fund does not relieve the Contractor's obligation of providing a stipulated fixed price for the project works, and the Contractor's obligation for completion of all engineering, procurement, construction, testing and commissioning of the project as stipulated herein. The intent of the Contingency Fund is to provide funds for any modifications desired by the Owner, any changes in governing laws that would increase taxes, labor rates, etc., or any delays in the schedule caused or requested by the Owner under which the Contractor is entitled to submit a claim. To facilitate the quantification of any expenses actually charged to Contingency Fund, Tenderers are required to specify unit prices and quantities of each activity and material involved in the performance of the Work herein specified.

The fund must be deposited in a bank and should be readily available when needed. The Tenderer should provide the Owner proof of existence of such bank deposit; if the project is awarded to Tenderer and as requested by the Owner, copies of bank statements should be sent to the Owner to bolster the fund's proof of existence at any time during the project construction.

(b) Remaining Balance

Upon completion of the project in the first instance, any outstanding funds within the Contingency Fund shall be refunded by the Contractor to the Owner.

3.4 Holdback Fund(a) Holdback Fund Deductions

To guarantee the execution of the obligations of the Contractor, the Owner will retain a monthly Holdback Fund by deducting 10% of each progress payment. The 10% retention will continue until the whole Work, as determined by the Owner, are completed satisfactorily and on schedule or ahead of schedule.

(b) Repayment of Holdback Fund

The total value of the Holdback Fund, less the holdback on work to be completed and all the sums that the Contractor may owe to the Owner for any reason, is given to the Contractor once the Guarantee Bond has been in place, to the satisfaction of the Owner.

(i) Provisory Installations and Field Services

(1) Generalities

The Contractor is responsible for the supply and installation of provisory services in the field, such as:


temporary access routes field installations temporary buildings storage buildings and areas sanitary installations employee and visitor parking electrical energy and lighting water supply temporary drainage phone and communication lines garbage and waste work camp first aid and security fire protection

(2) Work Camp Facilities on the Work Site

The Contractor will coordinate and get prior written authorization from the Owner for any temporary work camp facilities the Contractor wishes to for his workers, managing personnel and Subcontractors.

Living accommodations for the Owner's Consultants is not the Contractor's responsibility.

(3) First Aid and Security on Site

The Contractor must assure that there is, at all times, adequately supplied first aid kits and at least one employee at each construction area who has first aid qualifications and may act as a first aid person during work hours.

The Contractor shall ensure that all employees, including those of any Subcontractors, are fully informed and trained in safety procedures, and that adequate safety measures conforming to applicable governing legislation are enforced at all times.

The Contractor is responsible for the employment of full-time security personnel on the construction site. A sufficient number of security personnel must be present on-site at all times to prevent vandalism, theft or sabotage of any personal property or equipment within the construction area that may belong to the Owner, the Contractor or Subcontractors. The security personnel must be fully trained and properly armed to adequately secure the site.

3.5 Settlement of Disputes Procedure(a) The Settlement Procedure may comprise two stages:

Stage 1 – The Parties shall exert best efforts to settle any disputes amicably.

Stage 2 – The dispute shall be referred and submitted to an Arbitration Board composed of a three-man board comprised of one nominee of each party and a legal arbitrator to be chairman, as agreed to by such nominees.

(b) No person may serve as an arbitrator who or whose company has or can have a financial interest in the outcome of the dispute.

(c) A decision on a dispute originally initiated in Stage 1 is final and binding and not subject to appeal in that Stage, provided that a party dissatisfied with such decision may reinitiate


the dispute afresh for hearing at Stage 2 upon giving the other party notice within ten (10) working days after the unacceptable decision.

A decision on a reinitiated dispute is final and binding without right of appeal or of further re-initiation in that Stage.

A party dissatisfied with such decision originally initiated at Stage 2 may appeal therefrom under the Philippine Arbitration Law.

(d) Agreement by the parties to submit the dispute through an Arbitration Board shall constitute a submission to arbitration under the Philippine Arbitration Law and the provisions thereof shall apply accordingly.

3.6 Conditions on SubcontractingEach Tenderer must submit a list showing the (1) names, (2) location of places of business, (3) dollar amount and (4) statement of the portion of the work to be done of each Subcontractor who will perform work or labor or render service to the prime Contractor in an amount in excess of ten percent (10%) of the prime Contractor’s total proposal. Each Subcontractor must have proper license issued by competent authority to render such portion of the work it is expected to perform; it shall be the prime Contractor's responsibility to ensure that the Subcontractors' licenses are current, active and of good standing. The Owner shall have approved the selection of each subcontractor before they are allowed to perform work or labor or render service under separate contract with the prime Contractor. No substitution of Subcontractor shall be allowed without the written approval of the Owner.

3.7 Proprietary Data and Copyright Infringement

Unless the Contractor so state that submitted proposal documents are "proprietary/confidential materials", the Contractor shall relieve the Owner from any harm if, when so required, a disclosure of such information or materials has been made by the Owner or his agents.

The Contractor hereby agrees to indemnify, defend and save harmless the Owner and its agents against any and all judgments, claims, costs, damages, and expenses which may be awarded against the Owner in any suit, action, or proceeding brought against the Owner for infringement or alleged infringement of any copyright, arising out of the use by the Owner of the machinery, equipment or materials furnished by the Contractor or his Subcontractors in the performance of their use for the purpose hereunder intended, or out of the processes or acts so employed by the Contractor.

3.8 Construction Management(a) Access to the Site

The Contractor shall provide safe and proper access to the work for all authorized employees and agents of the Owner at all times, for any purpose, and at no cost to the Owner. Such access extends to all shops, plants and facilities performing work for the Contractor and the Subcontractors. Copies of fabrication drawings, specifications issued to subcontractors, and other data necessary for proper inspection shall be provided to the Owner, or it's agents upon request.


(b) Work Deviations

If mechanical, electrical, structural or other changes are required for proper installation and fit of alternative materials, articles, or equipment, or because of deviations from the Contract plans and specifications, such changes shall not be made without consent of the Owner and shall be made without additional cost to the Owner, except as otherwise provided herein.

The Owner or his representative, at any time before final acceptance, may determine it necessary or advisable to make an examination of work already completed, by removing, retesting or tearing out the work. Upon such determination, the Contractor shall promptly furnish all necessary labor, material, equipment and facilities. If such work is found to be defective, or not in conformity with the plans and specifications, the Contractor shall bear the expense of such examination and reconstruction. If, however, such work is found to meet the requirements of the Contract, the Contractor shall be paid therefore for the cost of labor, equipment and material necessarily involved in the examination and replacement; such payments shall be taken from the Contingency Fund. In addition, if completion of the work has been delayed thereby, the Contractor will be granted a suitable extension of time resulting from the additional work involved.

Except as noted above, no payment will be made for the cost to the Contractor of any work or delay occasioned by the Owner's inspections or surveys. No extensions of time will be allowed for such delays.

(c) Changes to the Contract

The Owner, without invalidating the Contract and without notice to the sureties, reserves the right to order changes to the Contract or the Contract work. The Contract may be changed only by duly executed Change Orders issued by the Owner.

The Contractor should ensure that the non-requirement of a notice to all sureties should be made part and parcel of all surety policies, contract and agreement obtained by the Contractor for the purposes required herein.

If, in the opinion of the Owner or the Contractor, any event or action by the other party justifies a change in the Contract, either party shall initiate with the other party, within seven (7) calendar days after such event or action, a request for a change in the Contract. All documentation required to substantiate the proposed change shall be submitted within a reasonable time after initiating the request for change. Upon the parties reaching agreement regarding the proposed change, the Owner will issue a written Change Order.

(d) Changes in Work

Except in emergencies endangering life or property where prompt and immediate action is necessary, and except for minor changes which do not involve extra costs, no extra work or change in the work covered by this Contract shall be authorized except as provided herein.

Not withstanding the foregoing provisions requiring duly authorized Change Orders, Part D above, occasions may arise where, for purposes of maintaining the construction schedule, the Contractor may be directed to proceed with changes in work pending the


processing of a contract change. In such event, the Contractor will be issued a Directive, signed by the Field Representative of the Owner, directing the Contractor to proceed with the change. A Change Order formalizing the Directive will be initiated as soon as it is practical to do so.

The Contractor shall not perform any change to the work without a written Directive, as an interim authorization, or a formal Contract Change Order.

REDUCTION IN WORK. If the Change Order requires a reduction in the work entitling the Owner to a credit, whenever possible, such credit shall be determined using the unit price method. If the unit price method is not readily applicable, the Owner shall determine the best alternative method. No compensation will be made for loss of anticipated profit on reduced or deleted portions of work. The reduction or deletion of work shall not constitute the basis for a claim.

INCREASE IN WORK. If the Change Order causes an increase in the work, an equitable increase shall be made in the compensation to be paid to the Contractor. Such increase in compensation shall be determined by the Owner, in accordance with one or more of the following methods:

A. The unit prices specified in the Contract;B. Lump sum, if the parties reach agreement upon the lump sum;C. Cost plus.

If the unit price method is not applicable and the lump sum method is used, the Contractor and the Owner shall reach agreement on a lump sum price; otherwise, payments for extra work will be based on the cost plus method.

For the purpose of determining whether proposed changes in work will be authorized, or for determining the payment method for such work, the Contractor shall submit to the Owner a detailed cost estimate for the proposed work. The estimate shall indicate itemized quantities and charges for all elements of direct cost. Charges for the Contractor's and subcontractor's extra profit, extra overheads etc., shall be indicated as a percentage addition to the total estimated direct cost.

When payment for extra work is based on cost plus, and the work is performed by the Contractor's own forces, the Contractor will be paid the actual direct cost plus an allowance of 15 percent of the actual direct cost as full compensation for Contractor's profit, superintendence, insurance premiums, performance bonds, payment bonds, other indirect costs and all other elements of extra cost not defined herein as actual direct costs.

If the extra work is performed by a subcontractor, the Contractor will be paid actual direct cost, plus an allowance of 20 percent of the actual direct cost as full compensation for both the Contractor and subcontractor's profit, superintendence, insurance premiums, performance bonds, payment bonds, other indirect costs and all other elements of extra cost not defined herein as actual direct costs. Actual direct cost shall include only those extra costs for labor, materials and equipment used or expended in direct performance of the extra work and may include the following:

A. The actual payroll cost of all workmen including taxes, payroll contributions and subsistence.

B. The Contractor's or subcontractor's net cost for materials and supplies, but less a fair value for any material salvaged or retained by the Contractor or subcontractor.


C. The actual rental charges for equipment including fuels, oils, greases, maintenance and repairs. The form in which actual direct cost records are kept, the construction methods, and the type and quantity of equipment used shall be acceptable to the Owner.

Whenever practical, construction equipment which the Contractor has on the jobsite and which is of a type and size suitable for use in performing the extra work shall be used.

The Contractor shall furnish labor payrolls and itemized bills as required by the Owner to substantiate these costs.

Any extension of time made necessary by changes in the work shall be granted by the Change Order directing the Contractor to perform such change or extra work.

3.9 Environmental and Social Conditions ComplianceThe contractor and his subcontractors will be required to fully meet all relevant environmental and social conditions and safeguards required for World-Bank/IFC financed projects. IFC will shortly clarify to CEPALCO which environmental and social guidelines will specifically apply to this project. These conditions have been codified in the following documents:

(a) General Environmental Guidelines (July 1998), 1998 Pollution Prevention and Abatement Handbook, World Bank Group

(b) IFC General Health and Safety Guidelines (July 1998) (c) IFC Environmental, Health and Safety Guidelines for Electric Power Transmission and

Distribution, July 1, 1998

These documents can be found on the world wide web at:

http://www.ifc.org/enviro/enviro/pollution/guidelines.htm


http://www.ifc.org/enviro/enviro/pollution/guidelines.htm

SECTION C

TECHNICAL SPECIFICATIONS

1. SITE CHARACTERISTICS

The Owner prefers that the PV modules used will be 10-12% efficient (STC, dc) and that with a low fixed tilt angle array (approximately the latitude), the ratio of solar panel to land area will be approximately 75%. If a bidder’s 1-MW PV plant array design cannot fit the parcel of land provided, the needed increase in land area should be indicated, or a smaller system can be proposed, to a minimum rating of 800 kW. Example of relationship between module efficiency, land area and system rating is presented in the table below:

1.1 Location and accessibility

The proposed site for the PV plant is approximately 6 km southeast of center of Cagayan de Oro City on the outskirts of town in an area that is primarily agricultural and low-density residential. The proposed site is relatively flat and may not require massive earth moving works; (due to area's manageable contour, it is indicated elsewhere in this document that the plant layout shall follow the land's contour). It is accessed by a narrow, two-lane road that leaves the center of town; the pavement ends before reaching the site.

1.2 SunlightThe closest source of solar resource information is “minutes of sunlight” data taken at the Cagayan de Oro Airport at Lumbia, approximately 5 km southwest of the PV system site. On an annual average, the percent of possible sunlight minutes is approximately 55%, with little annual variation. The climate is relatively dry from November to April and wet during the rest of the year. The climate is generally pleasant having warm days and cooler nights.3

1.3 SoilsThe soils at the site are a sandy loam with a bearing capacity of approximately 2 tons per square foot. A portion of the land is in agricultural use while the some parts are uncultivated.

3 http://www.philippine.org/01prov/misamisoriental.html, 3/12/00______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section C - Technical Specifications, Page 28Revision dated: 25 January 2001

http://www.philippine.org/01prov/misamisoriental.html

It is for the most part grass covered, with a few low bushes and some trees around the perimeter; the land is fairly well drained to the west and north.4

1.4 ShadingSouthern shading is not an issue owing to the low latitude. Neither morning nor afternoon shading is an issue at the site as the Cagayan River is to the west of the site . The row spacing should be such that on the winter solstice (December 21) there is no row to row shading from one hour after sunrise to one hour before sunset.

1.5 SecuritySecurity at the site during construction will be the turnkey contractor’s responsibility. CEPALCO expects that fencing around the perimeter of the site will be required to maintain security following the acceptance of the PV plant. Accordingly the design should anticipate possible intrusion by animals and human and be sufficiently safe and secure.

2. PROCUREMENT PREFERENCESThis system will be the first large grid-tied system installed in a developing country. It is likely to be the first of many if successful and if as an outcome of this pilot project, a large-scale World Bank/Global Environment Facility grid-tied PV program is implemented. CEPALCO seeks to use field proven solar photovoltaic module technology and field proven dc-to-ac power conversion equipment that meets applicable national and international standards for safety and reliability. This project is intended to demonstrate the technical rather than economic feasibility of large-scale photovoltaic power systems in developing countries. CEPALCO appreciates that new or improved manufacturing technology that offers cost reduction potential will be needed to make the concept economically feasible. For this pilot project, however, the promise of future cost reduction of the technology fielded is less important than durable, field-proven products offered at reasonable prices. This pilot project seeks participation by a PV module manufacturer that documents its ability to achieve significant module price reductions through investment in increased scale in manufacturing to meet the market expansion contemplated by the World Bank/Global Environment Facility program.

Simplicity is another consideration. CEPALCO seeks designs with low and simple maintenance requirements. Automatic tracking systems and concentrating optics are not sought. Designs should favor the simplest of fixed south facing solar panel assemblies.

Bid evaluations will consider the proposed use of local materials and labor. CEPALCO recognizes and appreciates that imported solar module and power conversion electronic technologies will be needed to meet the project’s requirements for component reliability. Simple wiring and support structures, however, should be fabricated in the Philippines making the overall concept more appealing in developing country economies. Further, since the cost of labor on Mindanao is relatively low (the minimum wage for laborers in the Philippines is $4 per day), proposed panel fabrication and construction practices should favor “manpower” over “machine” power. CEPALCO favors “human scale” solar panel assemblies that can be handled and installed by three or four men. Contractor may therefore wish to consider adapting PV panel assemblies to the shape of the land, rather than requiring earth moving machinery to level the land prior to the array installation.

Contractors based in the Philippines are listed in Appendix VI hereof.

Average wage rates in Cagayan de Oro experienced by CEPALCO are:

Crew foreman - $10.00 - $12.50 per day

Electrician - $6.00 - $7.50 per day

Labor and other unskilled - $4.00 per day (minimum wage)

4 Note that elsewhere it is suggested that the approach to array design adapt to the gradual curvature of the site surface.______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section C - Technical Specifications, Page 29Revision dated: 25 January 2001

2.1 Scale of system componentsAs suggested above there is an expectation that “human” scale components will be used in the system. This suggests that PV panel assemblies and structural components will have maximum dimensions of 1-2 meters and maximum weights of about 100 kg.

2.2 Construction equipment and approachAs indicated earlier an expectation is that use of heavy construction equipment will not be ideal for the construction of the system. A forklift capable of off-loading equipment from a flat bed truck and carrying it across unleveled land may be the largest piece of equipment that would be useful under the envisioned construction process.

3. DESIGN SPECIFICATIONSCEPALCO expects that only commercially proven module and power conversion technology will be used. Given the remoteness of Cagayan de Oro City, CEPALCO seeks designs with close attention paid to component and overall system reliability.

3.1 Module specificationsTo fit the array in the site provided, modules for the project shall preferably be 110%-12% efficient at standard test conditions (STC)5. Contractor shall ensure that the average power for the lot of modules will be equal the claimed nameplate rating of the module. Further, the standard deviation of module power rating for all modules supplied shall be less than 5% percent of the mean value of the module’s power.

3.2 Module testing and corrective measuresBefore shipping the panels from the factory, the Contractor shall provide maximum power data from a random sample of the modules to demonstrate compliance with the claimed ratings. These tests may be conducted at a manufacturer’s facility, provided that records of the test equipment calibration and certified records of the testing are provided to the Owner. The manufacturer shall also provide certification of the procedure and the results obtained demonstrating that a random sample has been achieved. Modules in this random sample will be numbered and marked so that Owner may, at his expense, conduct independent tests to verify that the performance of individual modules match the manufacturer’s test results.

3.3 Mean value of module power rating equal or greater than power specificationIf the lot of modules tested shows a mean power value less than that specified in the contract, the system contract price will be adjusted downward by the ratio of the measured sample power to the claimed mean value module power. (No upward price adjustment will be made in the event that the module sample power exceeds the claimed module power.)

To achieve well-matched subarrays, modules ought to be closely matched in terms of the current at maximum power point operation. Accordingly the module manufacturer shall demonstrate through the sample testing that the standard deviation for the module power is less than 5% of the mean value of the module power. If this condition is not met in the sample, the contract price will be adjusted downward by the percentage of modules whose power rating is estimated (using a normal distribution) to be 10% or more under the claimed mean value.

5 Standard Test Conditions are: 1000 w/m2 irradiance, air mass 1.5 spectrum and a solar cell junction temperature of 25 C. The PTC, ac rating of a system is usually 80-85% of the sum of the STC, dc ratings of the modules forming a system’s array. ______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section C - Technical Specifications, Page 30Revision dated: 25 January 2001

3.4 Spare modulesThe Contractor shall provide spare modules for the project at a minimum quantity equal to 1% of the number of modules installed in the array field. If the module manufacturer’s expected module failure rate for the first year of service is greater than 1%, the number of spare modules shall equal the expected number of failed modules. An analysis of the expected module failure rate must be included in the proposal to determine the number of spare modules required.

3.5 Warrantee and corrective measuresA multi-year performance warrantee is requested that will assure system power meets both a 10-year 90% and a 20-year 80% standard. For the purposes of testing to this standard CEPALCO will assume that the inverters maintain the solar arrays at their maximum power point voltage. Contractor can choose a time of testing when the array has recently been rinsed by rainfall. (Testing will be done within 90 days of the 10th and 20th anniversary of the system acceptance.) Measurements of ac power, dc current and voltage will be used with a plane-of-array pyranometer traceable to WMO standards.6 The 90% and 80% performance warranties shall be on the ac power rating.

Should the array fail to meet the performance warrantee the Contractor will have 60 days to bring the array back into compliance.

3.6 Standards for durabilityModules used shall meet the following standards U.S. and International standards: UL listed and/or CE Qualified and IEC 1215, IEC 1646 or IEEE 1262 certified.

U.S. Certifications for PV Modules

Certification What It Indicates / What it is

How To Describe Compliance

UL 1703Product Safety

UL 1703 is a safety standardUL Listed

6 System rating will be accomplished using the Utility PhotoVoltaic Group methodology: ”System Rating: System Performance shall be monitored to collect data for the system rating. The AC system shall be rated at modified PVUSA Test Conditions (PTC) which are defined as:

20 C ambient temperature, 1 m/s wind speed, and 1000 W/m2 global plane-of-array irradiance for flat plates…

The data collection period shall consist of at least thirty (30) days with a cumulative total of at least 10 kWh/m2 above 850 W/m2 of global plane-of-array irradiance…The system rating shall be based on a regression analysis of quality-checked data using only 500 W/m2 or greater. The following parameters shall be measured and recorded over a 30-day period:

Plane-of-array irradiance Ambient air temperature Wind speed AC System Power Outout (measured at point of interface)

The measured data shall be used in the following equation and a regression analysis performed to determine the coefficients:S = Irr*A + Irr2*B + Irr*Tamb*C + Irr*WS*Dwhere: S = system output power, kWac; Irr = Irradiance, W/m2; Tamb = ambient air temperature; WS=wind speed; A,B,C,D = regression coefficients.______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section C - Technical Specifications, Page 31Revision dated: 25 January 2001

IEEE 1262-1995

Product Reliability and Durability

IEEE 1262 is a recommended practice, test standard, for testing and qualifying thin film and crystalline PV modules. (It replaced JPL Block V and NREL IQT)

Independently certified to IEEE 1262

ISO 9000

Manufacturing Quality Management (helps insure that every unit is built the same)

Standards for manufacturing facility for quality management

ISO 9000 Qualified

International Certifications for PV Modules



CE Marking Needed for products in order to sell in the 18 countries in the European Economic Area (EEA).

CE Qualified

IEC 1215 orIEC 1646

Product Reliability and DurabilityIEC 1215 is for crystalline modules and IEC 1646 is for thin-film modules; equivalent to IEEE 1262. Reciprocity exists.

Independently certified to IEC 1215 or IEC 1646

3.7 Power conversion equipmentIt is anticipated that multiple inverters will be used for the system to provide for redundancy and to improve overall system reliability. Because of the cost of access to the site, one spare inverter that can be readily swapped for a failed inverter shall be provided. Equipment that has field-proven reliability and meets the most current IEEE standards for safety and power quality are desired. CEPALCO seeks proposals that optimize the PV plant for the lowest cost power production, taking into consideration all aspects of reliability and efficiency in the dc-to-ac power conversion equipment.

3.8 Interconnection to 13.8 kV lineThe PV power plant will be connected to CEPALCO’s 13.8 kV, 60 Hz distribution feeder that will be constructed by the Owner. CEPALCO will construct a fused, three phase lateral circuit to a single point of interconnection provided by the contractor along the side of the existing major road.

______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Section C - Technical Specifications, Page 32Revision dated: 25 January 2001

3.9 Inverter Ratings and WarranteeMultiple inverters with size ranging from 100 kW to 200 kW are sought to improve overall system reliability, to permit maintaining a spare unit in storage in Cagayan de Oro, to reduce the size and weight of individual components, and to simplify dc field wiring. At least one (1) spare inverter shall also be required. A 20-year warrantee is requested on the inverters, with all expenses of repair (including travel and shipping costs) the responsibility of the Contractor. Should a unit in service fail, the Owner expects that it will be replaced or repaired at the Contractor’s expense within two weeks of notification. If the spare inverter is used, the failed unit will be repaired and returned for standby service within 10 weeks of the notification.

3.10 Inverter standardsInverters used in the project must meet the IEEE and Underwriters Laboratories standards for power quality and safety. These requirements are provided in the recent UL 1741 and the IEEE 929-2000 standards. FCC and TUV certifications are considered a plus, but are not required.

Certifications for Inverters



UL 1741 Product SafetyUL 1741 is a safety standard

UL Listed

IEEE 929-2000 Compatibility with Electric Utility Grid – Personnel Safety, Performance, Power Quality and Utility OperationIEEE 929-2000 is a recommended practice

Compliance is implicit for UL Listed inverters

FCC Class B Electromagnetic Compatibility (EMC)Test procedure and specification, to certify non-interference with other equipment. Important in residential sites.

FCC Class B Certified

TUV QHT Product ReliabilityTUV is a company, headquarters in Munich, offices all over. QHT is pass/fail tests of a product, involving temperature cycling and vibration.

QHT Certified by TUV

3.11 Plant Monitoring & Control and Office BuildingTenderer shall design, supply and construct the Control/Office Building at the plant site. A 200 square meter lot shall be provided for a building that houses: (1) the inverter room, (2) storage room for spare parts or equipment and maintenance materials or equipment, (3) control and communications room, (3) a 25 square meter lecture/conference room, (4) a rest room and required sanitary facilities, and (5) an office/receiving room. A concrete parking space that can accommodate five to six cars and a two-way access road to the building should also be accommodated in the same 200 square meter lot area.


3.12 Remote Monitoring and Control The PV plant should have the capability of being remotely monitored and controlled. The Control/Office Building as described in Clause C3.11 should be so designed, constructed and provided with a minimum number of telecommunications equipment, computer hardware and software and other required site electrical and/or electronic facilities that support remote control and data acquisition. It is desired that standard and non-proprietary communications protocol shall be utilized and that the system be able to send, among others, the real-time values of the (1) site solar insolation level, (2) site ambient temperature, (3) wind speed and direction, (4) incoming dc and outgoing ac kW in each inverter, (5) line voltages at the low voltage ac side of the step up transformer, (6) line currents at the high voltage ac side of the step up transformer, and (5) total ac generation as viewed from the 13.8 kV side of the step-up transformer. A desktop computer on-site should be able to contain at least one month data and events log of the PV system and should be provided with facilities to communicate with on-site electronic equipment as well as with remote computers at the Owner’s Central Control Center.

4. SYSTEM SPECIFICATIONS1. Provide documentation on the solar modules proposed for the power plant including physical

dimensions, weight, maximum power point power rating at standard test conditions (include both the mean value anticipated from the lot of panels and the standard deviation), current-voltage curves at standard test conditions and product certifications. Name the country of origin for PV cells and modules. Include a description of the sampling procedures and testing methodologies (including calibration). Include a discussion and analysis of the expected number of module failures expected during the first year of service.

2. Provide documentation on the dc-to-ac power converters proposed for the station including physical dimension, weight, ac and dc power ratings, maximum power point tracking ranges for dc input, a table with dc to ac conversion efficiency at 25%, 50%, 75% and 100% of the system rated ac power level. Provide product certifications that document the inverters output power quality and protective relay functions. Discuss protection of the inverter from weather extremes (temperature, rain and wind), dust and dirt, and vandalism. Name country of origin for inverters.

3. Provide calculations showing estimate for AC system rating under PTC standard conditions with published module and power converter specifications and provide an algorithm, formula or Excel spreadsheet (in English) to compute system output as a function of 15-minute diffuse and direct irradiance, ambient air temperature and 1 meter elevation wind velocity.

4. Provide calculations showing proper match between DC voltage and the maximum power point tracking range of the dc-to-ac power converter. Discuss panel layout considerations and dc wire run voltage drops and power losses.

5. Provide array layout, structural, mechanical and electrical specifications and conceptual designs for the mounting structure and ground support foundations. Show that field assembled parts will weigh no more than 100 kg to enable manual installation. Show the placement of the array on the parcel of land (site plan will be provided by Cepalco).

6. Pitch array at 5%-10% south facing with no self shading year round for ten hours centered at solar noon; make array as compact as possible subject to self shading; make sufficient space between rows for a man to access. Demonstrate that the array can withstand 25 pounds per square foot normal upward and downward forces on panels and that the ground support structure can accommodate these loads and transfer them to sandy loam soils having load bearing capabilities of approximately 2 tons per square foot.

7. Minimize land impact by maintaining as much as possible the natural vegetation and soils. Discuss the design from the perspective of controlling weed growth and for preventing soil erosion. Identify any unintended consequences that might arise (any animals or insects likely to reside under array).


CU Sumaoy, 01/03/-1,

Page: 25Site Plan Under Preparation.

8. Discuss the preference for labor rather than equipment intensive installation and how fabricated support rails and pedestals (risers) might be manufactured in the Philippines. Also demonstrate how the assembly of modules into panels may be conducted in Cagayan de Oro City.

9. Discuss structure and wiring design concepts that will provide 20-year maintenance-free operation of the structural members, fasteners, wire and wiring conduits and connections. Discuss a mechanical installation procedure that requires minimal tools for locking panels in place and for interconnection modules. Illustrate a mounting structure that allows sufficient tolerances for changes in elevation and slight curvature of the line of the array.

10. Demonstrate compliance to Local Structural and Electrical Codes. Structural supports and construction procedures should comply with the Building Code of the Philippines7. All structural supports shall be made of galvanized steel (at least 7 mils of zinc). Foundations shall be reinforced concrete. Electrical materials and equipment and electrical work procedures should comply with the Philippine Electrical Code; in the absence of relevant provisions in the Philippine Electrical Code, provisions of the National Electrical Code of the USA shall apply.

11. Provide UL listed products for (a) dc source circuit combination and (b) for dc disconnect switches between the arrays and the inverters with UL listed products. Provide 100% spare fuses with 20-year (shelf) lifetime.

12. Discuss how compliance with the 2000 (U.S.) National Electrical Code article 690 will be attained for the system.

13. Provide plans for system acceptance testing in accordance with Utility PhotoVoltaic Group TEAM-UP program procedures8 and a budget to provide a full set “as built” drawings as part of a comprehensive documentation of the plant parts and/or materials used and provide the Owner with a detailed O&M Manual. (The documentation should be for the system after it has passed the acceptance tests.)

5. INSTRUMENTATION 1. Install a meter socket to accept a General Electric kV digital watt-hour meter for each subsystem.

Install current and voltage transducers to monitor the aggregate dc current and voltage for each subsystem.

2. Provide location(s) within the array field for sensors to monitor plane of array irradiance, wind speed at about 1 meter above ground level (the height of the panels) within the array field, and ambient air temperature.

6. INSTALLATION1. Address how the installation processes will create temporary local jobs.

7 Copies of Philippine Building Code are available at any branch of National Bookstore (http://www.nationalbookstore.com.ph) at around P500.00 ($12.50) per copy; the Philippine Electrical Code can be obtained from the Integrated Institute of Electrical Engineers, Inc., (htttp://www.iiee.org.ph), 41 Monte de Piedad St., Cubao, Quezon City (tel. 722-7383) at P1,500.00 ($37.50) a copy.

8 This procedure is amended to include at least three days with a cumulative total of 2-kWh/sqm insolation above 850 W/sqm irradiance. System rating shall be based on a regression analysis of quality checked interval data with average irradiance levels 500 W/sqm or greater. The measured data will be used in the following equation and a regression analysis performed to determine the coefficients:

P = Irr*A + Irr*Irr*B + Irr*Tamb*C + Irr*WS*D,where P is the rated power (PTC,ac), Irr is irradiance (W/sqm), Tamb is ambient air temperature (Celcius), WS is wind speed (m/s) and A,B,C,D are regression coefficients. Once determined, the coefficients will be used with 1000 W/sqm, 20 C, and 1 m/s to determine system rating.


2. Provide a time line (employing the format provided in Appendix V) from project design and construction, including discussion of the weather impacts on construction time:

Completion of conceptual design and a review meeting

Completion of final design and a review meeting

Procurement and fabrication of modules and inverter equipment

Procurement and fabrication of mounting and wiring equipment available from Philippine suppliers

Shipment of modules and inverters

Panel assembly and panel wiring

Storage during construction

Construction/installation of foundations

Panel installation

Array wiring

Inverter installation

DC switchgear installation

Ac interconnection and initial startup

3. Provide full site cleanup and remedial landscaping following construction.

7. ACCEPTANCE TESTING and OWNER TRAINING1. Acceptance testing and system rating shall follow the UPVG procedure.

2. As a component of its proposal, the contractor should provide a comprehensive operation and maintenance training to the Owner's staff.


APPENDIX I

CONTRACT AGREEMENT

---------------------------------------------------------------------------------------------------------------------

Cagayan Electric Power & Light Co., Inc.Cagayan de Oro City

DESIGN-BUILD STIPULATED PRICE CONTRACT

AGREEMENT BETWEEN OWNER AND CONTRACTORfor use when a stipulated price forms the basis of payment andto be used only with the General Conditions of the Contract.

THIS AGREEMENT made in duplicate this _____ day of ______, 200__

BY AND BETWEEN:

NAME _______________________________________________________________________

ADDRESS ____________________________________________________________________(hereinafter called "the Owner")

and

NAME _______________________________________________________________________

ADDRESS ____________________________________________________________________(hereinafter called "the Contractor")

WITNESSETH: In consideration of the fulfillment of their respective promises and obligations herein set forth, the Owner and the Contractor undertake and agree as follows:

ARTICLE I - THE WORK

(a) A general description of the work is:

Design, engineering, procurement, delivery, construction, testing and commissioning of a 1,000 kW Photovoltaic Plant located at Barangay Macasandig, Cagayan de Oro City.

(b) The Contractor shall, except as otherwise specifically provided, provide all the labor, products, construction machinery, equipment and services required for the performance of all of the Work set out in the Contract Documents and shall forthwith, according to the instructions of the Owner, or such other persons as may be designated by him, commence work and diligently perform the respective portions thereof, and deliver the said Work to the Owner within the time specified herein.

(c) The Contractor shall do and fulfill everything indicated by the Contract Documents.

(d) The Contractor shall substantially perform the Work of this Contract, as certified, by the _____ day of ____________, 200__.

______________________________________________________________________________________CEPALCO 1,000 KW PHOTOVOLTAIC PLANT - Request for Proposal Appendixes, Page 37Revision dated: 25 January 2001

ARTICLE II - CONTRACT DOCUMENTS

The following is an exact list of the Contract Documents referred to in Article I.

1. Instruction to Tenderers

2. General Conditions

3. Supplementary Conditions

4. Technical Specifications

5. Appendix I: Contract Agreement

6. Appendix II: Payment Schedule

7. Appendix III: Price Schedules

8. Appendix IV: Design Summary Sheet

9. Appendix V: Project Schedule

10. Appendix VI: Contractors Based in the Philippines

11. ____________________________________________

12. ____________________________________________

13. ____________________________________________

14. ____________________________________________

15. ____________________________________________

16. ____________________________________________

17. ____________________________________________

18. ____________________________________________

19. ____________________________________________

20. ____________________________________________

ARTICLE III - CONTRACT PRICE

The Contract Price is

_____________________________________________________________________

____________________________________________________________________________U.S. Dollars

(US$ _____________________) which price shall be subject to adjustments as may be revised in

accordance with the General Conditions of the Contract.

ARTICLE IV - PAYMENT

(a) Subject to applicable legislation and, where such legislation does not exist or apply, in accordance with

such prescribed regulations, privileges or industry practice respecting holdback percentages, and in

accordance with the provisions of the General Conditions of the Contract and with those stipulated in

Appendix II hereof, the Owner shall:


(1) make payments to the Contractor on account of the Contract Price upon proper submission by the

Contractor of a detailed description of the work performed in the period covered as reviewed and

confirmed by the Owner; and

(2) Subject to the requirements of Clause B3.4 of the Contract Conditions, pay to the Contractor any

unpaid balance of holdback monies then due; and

(3) upon Total Performance of the Work, pay to the Contractor any unpaid balance of the Contract

Price then due.

(b) If the Owner fails to make payments to the Contractor as they become due under the terms of this

Contract, or in any award by arbitration or court, interest at a rate of 1 percent of such unpaid amounts

shall also become due and payable until payment. Such interest shall be accumulated and added to

any unpaid amounts monthly.

ARTICLE V - ADDRESSES FOR NOTICES

Where any notice, direction or other communication is required to be or may be given or made by one of the parties hereto to the other, it shall be deemed sufficiently given or made and shall be deemed to have been received if mailed or delivered in writing to such party, or to the individual members of the firm or to an officer of the Corporation for whom they are intended, if sent by post, telegram, or electronic mail addressed to:

The Owner at __________________________________________________________________________

______________________________________________________________________________________

The Contractor at _______________________________________________________________________

______________________________________________________________________________________


ARTICLE VI - SUCCESSION

The General Conditions of the Contract hereto annexed, and all other aforesaid Contract Documents, are all to be read into and form part of this Agreement, and the whole shall constitute the Contract between the parties and, subject to laws and the provisions of the Contract Documents, shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns.

In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized.

SIGNED, SEALED AND DELIVEREDin the presence of:

Owner Contractor

________________________________________ _______________________________________name name

________________________________________ _______________________________________

________________________________________ _______________________________________signed signed

________________________________________ _______________________________________name and title name and title

________________________________________ _______________________________________signed signed

________________________________________ _______________________________________name and title name and title

(N.B.) Where any legal jurisdiction, local practice or client requirements calls for proof of authority to execute this document, proof of such authority in the form of certified copy of resolution naming the person or persons in question as authorized to sign this Agreement for and on behalf of the Corporation or Partnership, should be attached.


APPENDIX II

PAYMENT SCHEDULE

NO. DESCRIPTION TERMS AMOUNT

1.0 Down Payment Upon signing of contract & submission of performance bond 5% of contract amount

2.0 Progress Billing2.1 First progress billing Upon approval of project design 5% of contract amount

2.2 Second progress billing Upon submission of final design & detailed construction drawings 5% of contract amount

2.3 Third progress billing Upon 50% completion of PV modules & inverters manufacture 15% of contract amount

2.4 Fourth progress billing Upon arrival of all materials at Plant Site 15% of contract amount

2.5 Fifth progress billing Upon 50% completion civil & electrical construction works 15% of contract amount

2.6 Sixth progress billing Upon 100% completion plant construction works 15% of contract amount

3.0 Final billing Upon completion of commissioning & 90 days commercial operation 25% of contract amount

Note: 1. Holdback fund deductions shall apply to all billings or payments.

2. Payment(s) will become available only after the Contractor shall have submitted to the Owner the progress bill containing detailed description of the work(s) performed and covered in the bill, and the latter shall have confirmed the correctness of the bill and the conformance of the covered work(s) to the specifications. The Owner's confirmation of the bill shall become the basis for the counter-confirmation of the bill by the project financier(s) and cause the release of fund from the assigned escrow account intended for this project.


APPENDIX III

PRICE SCHEDULES

PRICING STRUCTURE: In accordance with the Contract Agreement, the Tenderer agrees to furnish, as requested by the Owner, labor and other services as defined in this solicitation, in accordance with the price schedule described below. Each Price Schedule submitted requires a corresponding Design Summary sheet set.

ITEM NO. DESCRIPTION PRICE 1. Design and deliver PV System including schedules,

drawings, calculations, QA/QC plan, Independent Safety Review Plan/Report. $___________

2. Cost of modules including required Qualification Tests. $___________3. Furnish, deliver, and test Power Conditioning System. $___________4. Construction of modules into panels, fabrication of mounting

hardware, foundations as necessary, structures, array additional equipment and instrument brackets. $___________

5. Design, Supply and Construction of Control Room and required electrical, electronic and communications equipment for the monitoring and control of the plant. $___________

6. Furnish three copies of O&M manuals and special equipment and tools for maintenance. $___________

7. Install, test, debug, and start-up PV System. $___________8. Cost of Bonds (Performance and Payment). $___________9. Cost of Insurance with errors and omissions coverage. $___________10. Taxes, duties, licenses $___________11. Contingency $___________

OTHER COST ITEMS:

12. Price of Recommended Spare Parts (inclusive of sales tax); list parts in a separate sheet. $___________

13. Services of a Technical Representative.Material and Travel expenses approved by the Owner will be paid at actual cost. $________/hour

14. Land development (including earth works, drainage system, water supply, and construction of access roads) $____________

15. Perimeter fencing and security lighting $____________

16. Total Price of PV System $___________


APPENDIX IV

DESIGN SUMMARY SHEET

The output of the system will be measured and adjusted as indicated in the Technical Specifications and elsewhere in this document. Tenderers are required to submit the following design summary sheet for their proposed system.

1. Cell Type (e.g., CS-Si, a-si, etc.):

2. Module Design (e.g.,unframed glass laminate, etc.): _____________________________________________

3. Module Overall Dimensions:

mm Wide mm Long mm Deep

4. Module Power at STC** (stabilized): WDC

Module Power at PTC** (stabilized): __________________________ WDC

PV Parameters

Module (Stabilized) PTC** STC*

Vmp

Imp

Voc

Isc

Overall Area m2

Aperture m2

Current Temp. Coefficient amps/C

Voltage Temp. Coefficient volts/C

Power Temperature Coefficient %/C

5. Module efficiency based on Items 3 & 4. percent

6. Net module area excluding frame. square meters

7. Module efficiency based on Items 4 & 6. percent

8. Panel Design (e.g., steel rails supporting 12 frames modules):

9. Panel Overall Dimensions:

mm Wide mm Long mm Deep


Edward C. Kern, Jr., 01/03/-1,

Page: 33 Since we are asking for flat plant modules this is misleading and should be removed. - OK REMOVED.

10. Structure type (e.g., fixed tilt, 2-axis tracking):

11. Structure Design (e.g., steel frame, concrete foundations, etc):

12. DC System (All values at PTC**)Module Panel Source ArrayPTC PTC Circuit Field

Maximum Power Voltage volts

Maximum Power Current volts

Open Circuit Voltage volts

Short Circuit Current volts

Nominal Operating Cell Temperature (NOCT) C

Module String

Voc @ 0.2 kW/m2, Tair = 0 C volts volts

Isc @ 1.2 kW/m2, Tair = 46 C amps amps

Current Temp. Coefficient amps/C

Voltage Temp. Coefficient volts/C

Power Temp. Coefficient %/C

13. Power Conditioner Manufacturer:

14. PCU Description (e.g., self commutated, 2 parallel GTO bridges) and number of PCUs:

15. PCU Efficiency: percent at kW AC full load.

16. Net System Rated AC Power at PTC. kW

17. Net System Rated AC Power at PTC EPF. kW

18. Estimated Annual System Energy Production (AEP) kWH/year(do not use any EPF Factor)

19. Warranty Period:PV Modules years

Inverter years


Edward C. Kern, Jr., 01/03/-1,

Page: 34 Asking for performance at below zero C air temperatures does not seem appropriate for the Philippines. - NOTED.

Balance of System _____________ years


APPENDIX V

PROJECT SCHEDULEThe following table shall be used in consonance with the requirements set forth in Section C, Part 6. Tenderer may, if available, use project scheduling software (MS Project) to accomplish this table.

ITEM NO. TASK DURATION1.0 Project conceptual design

2.0 Review & approval of conceptual design by Owner's consultant

3.0 Project final design

4.0 Procurement/ manufacture of plant's equipment & components

4.1 PV Modules

4.2 Inverters

4.3 Control instruments

4.4 Mounting structures

4.5 Wires

5.0 Witness testing of PV modules

6.0 Delivery of materials to site

7.0 Construction & installation works

7.1 Civil works

7.1.2 Land development

7.1.3 PV Structure foundation

7.1.4 Control room

7.1.5 Perimeter Fencing

7.1.6 Landscaping

7.2 Electrical works

7.2.1 Panel assembly

7.2.2 Panel & array wiring

7.2.3 Inverter installation

7.2.3 DC switchgear installation

7.2.4 AC interconnection

7.2.5 Test and pre-commissioning

7.2.6 Commissioning


APPENDIX VI

CONTRACTORS BASED IN THE PHILIPPINES

The Owner lists the following contractors based in the Philippines for the Tenderer's reference only and does not, in any way, imply endorsement by the Owner to the Tenderer.

A. CONTRACTORS BASED IN CAGAYAN DE ORO:

Name and Address Contact Person and Tel. No.

I. General Electrical1. J. ORAIZ & SONS T&D ENG’G

Consolacion, Cagayan de Oro CityEngr. Jaime O. OraizProprietor / Manager72-42-44; 231-2921

2. X’FORMERS, INC.180 Escobido StreetCagayan De Oro City

Engr. William B. GaldonesVP – Mindanao Operations856-9106

3. MINDANAO ORIENTAL BUILDERS, INC. (MOBI)59 Apollo Street, MacasandigCagayan de Oro City

Ms. Jocybel S. AdrianoOperations Manager72-79-14

4. MOL & MATEK INDUSTRIESNo. 74 San Pedro, GusaCagayan de Oro City

Engr. Roger NavarroGeneral Manager72-29-68 ; 856-2326

II. Civil / Mechanical Works1. EG DELEGENCIA CONSTRUCTION

27-A Kauswagan, Cag. De Oro City

Engr. Ernesto G. DelegenciaProprietor / Manager72-22-71

2. JCL CONSTRUCTION# 463 Yacapin ExtensionCagayan de Oro City

Arch. Johnny C. LimProprietor / Manager72-34-23

3. JAKK ENGINEERINGSuite 300 Kryzl Condominium12th Street, NazarethCagayan de Oro City

Mr. Jude MacariolaMarketing Manager857-2570 Telefax

4. ZAFDA CONSTRUCTIONNo. 112, 17th Street, NazarethCagayan de Oro City

Engr. Bonifacio ZafraManager72-69-53

5. PSB ENTERPRISESNational HighwayCasinglot, Tagoloan, Mis. Oriental

Mrs. Patricia S. BabieraProprietor / Manager5670-327


B. CONTRACTORS BASED OUTSIDE OF CAGAYAN DE ORO CITY:

Name and Address Contact Person and Tel. No.

I. Electrical Maintenance and Services1. AC Technical Services, Inc.

2310 Pasong Tamo Ext.Makati City

Mr. Alfredo R. CacanandoPresidentTel.: 818-8730Fax: 817-7604

2. Asiaphil Manufacturing Industries, Inc.1150 Pres. Quirino Ave. Ext.Paco, Manila

Mr. Victor BatungbacalPresident Tel.: 563-8338Fax: 563-2529

3. Electrodynamics Construction & Development, Inc.12 Banner StreetGreen Valley VillagePasig City

Mr. Leonardo S. CuevasPresident and General ManagerTel.: 671-0001Fax: 671-0004

4. Geostar Philippines, Inc.Suite 307 BPI Bldg.150 Plaza Cervantes, Binondo, Manila

Mr. Edwin A. LlamasPresidentTel.: 242-0845/Fax: 242-0951

5. GG Garces Power System Consultants31 Don Ernesto StreetDon Enrique Heights, Quezon City

Mr. Gregorio G. Garces Jr.PresidentTel.: 931-6636/Fax: 931-3605

6. Hecorp, Inc.G/F De Joya Bldg.9 Little Baguio St, MarulasValenzuela City

Mr. Hernando C. de JoyaPresidentTel.: 293-5520Fax: 293-5520

7. LSS Electrosystems, Inc.55-d V. Luna RoadQuezon City

Mr. Efren SarmientaPresidentTel.: 427-7828/Fax: 932-2522

8. Luminux Electrical Industries, Inc.2/12 Rosalia St., St. Michael VillageLas Pinas, Metro Manila

Mr. Dominador C. FernandezPresidentTel.: 873-9318/Fax: 872-7405

9. Miescor Builders, Inc.283 Katipunan Road, Loyola HeightsQuezon City

Mr. Edilberto F. CapaciaVice PresidentTel.: 433-2519/Fax: 433-2518

10. N.A. Systems, Inc.Basement I, Ayala Center CebuCebu Business Park, Cebu City

Mr. Nestor D. ArchivalPresidentTel: (32) 231-7828

11. Penconsult, Inc.109-A. Ramadia Centrum, Dimasalang St., Naga City

Engr. Christopher MurilloTel.: (54) 811-1818Fax: (54) 811-1818

13. Powerspecs, Inc.12 San Perfecto St.,San Juan, Metro Manila

Mr. Francis V. MapileGeneral ManagerTel.: 723-2601/Fax: 725-0677

14. RRN, Inc.7th Floor, Room 703 Global Tower Condominium2029 M. Reyes cor. Gen. Mascardo Sts.Bangkal, Makati City

Mr. Nestor B. CruzPresident Tel.: 889-3062Fax: 752-6309

15. Tri-phase Industrial Services & TradingRm. 401 Aurello IIRizal Ave Ext. cor. 11th Ave.Caloocan City

Mr. Benjamin C. JacildoPresident & Gen. ManagerTel.: 366-8049Fax: 366-8049


II. Electro-mechanical Works1. B.P. Deliarte Electrical Works

41 E. Junquera St.Cebu City

Mr. Beethoven DeliartePresident Tel: (32) 416-7995Fax: (32) 256-0561

2. Electrobus Consolidated , Inc.102 Panay Ave.Quezon City

Mr. Antonio S. Herrera, Jr.Executive Vice PresidentTel.: 372-3935Fax: 372-4374

3. Kinden Philippines, Inc.7F ODC International Plaza219 Salcedo St.Makati City

Mr. Roseller BalaoegPresident Tel.: 812-6440Fax: 840-1334

4. Lynx Industries Contractor, Inc.1384 Gomez StreetPaco, Manila

Mr. Roger G. GernalePresidentTel.: 564-0659/Fax: 564-0654

5. Romago, Inc.373 Boni AvenueACME Bldg., Mandaluyong City

Mr. Francisco C. GonzalesPresident Tel.: 531-5963/Fax: 533-0473



7. Sumisetsu Philippines, Inc.7480 Bagtikan cor. Dao Sts.San Antonio Village, Makati City

Mr. Koya MatsunamiPresidentTel.: 897-0886/Fax.: 895-6343

8. Thermometric Industries, Inc.G/F CAEG Building7611 dela Rosa StreetMakati City

Mr. Crispulo S. Velasquez, Jr.PresidentTel.: 893-5726Fax: 843-6849

III. Electronics, Communication and Instrumentation

1. Electrodynamics Construction & Development, Inc.12 Banner StreetGreen Valley Village, Pasig City

Mr. Leonardo S. CuevasPresident and General ManagerTel.: 671-0001 / Fax: 671-0004

2. Gemini Electrical and Communication Contractor560 Quintin ParedesBinondo, Manila

Mr. Robert C. UyPresident Tel.: 241-0785/Fax.: 241-0947



4. Westco Electrical & Equipment Corp.567 G. Araneta Blvd.Quezon City

Mr. Rodolfo R. PenalozaPresident Tel.: 743-3691/Fax: 723-5464

5. X'formers, Inc.64-C Gorordo AvenueCebu City

Mr. Domingo ArenasPresident Tel.: (32) 231-1317 Fax: (32) 232-2569


N:\CTEEP\Projects\Cepalco\RFP FINAL 01-30-01.docJanuary 31, 2001 2:38 PM
