BANGLADESH POWER DEVELOPMENT BOARD...

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TD for Sirajganj 2MW Wind Power Plant i BANGLADESH POWER DEVELOPMENT BOARD TENDER DOCUMENT FOR Design, Supply, Installation, Testing and Commissioning of 2 MW Capacity Wind Power Plant on turnkey basis at the bank of the River Jamuna adjacent to the existing Sirajganj 150 MW Power Plant , Sirajganj, Bangladesh Including 6(six) Years (1.5 years warranty for installation works and next 4.5 years O&M) Operation & Maintenance (O&M) of Plant with associated Evacuation Line. (Single Stage Single Envelope) AGAINST TENDER INQUIRY NO. DATED: DIRECTORATE OF PURCHASE BANGLADESH POWER DEVELOPMENT BOARD WAPDA BUILDING (9 TH FLOOR), MOTIJHEEL, C/A. DHAKA, BANGLADESH June, 2017

Transcript of BANGLADESH POWER DEVELOPMENT BOARD...

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BANGLADESH POWER DEVELOPMENT BOARD

TENDER DOCUMENT

FOR

Design, Supply, Installation, Testing and Commissioning of 2 MW CapacityWind Power Plant on turnkey basis at the bank of the River Jamuna adjacentto the existing Sirajganj 150 MW Power Plant , Sirajganj, Bangladesh Including6(six) Years (1.5 years warranty for installation works and next 4.5 years O&M)

Operation & Maintenance (O&M) of Plant with associated Evacuation Line.(Single Stage Single Envelope)

AGAINST TENDER INQUIRY NO. DATED:

DIRECTORATE OF PURCHASEBANGLADESH POWER DEVELOPMENT BOARD

WAPDA BUILDING (9TH FLOOR), MOTIJHEEL, C/A.DHAKA, BANGLADESH

June, 2017

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This Page will be replaced by Tender notice

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REJECTION CLAUSES(Tender must comply with the following criteria, otherwise tender shall be rejected)1. Tenderer shall have to comply with Eligibility criteria (ITT 5), Experience criteria (ITT 14);

2. Tenderer must submit required experience Criteria in support of his experience[TDS(ITT14.1b)];

3. If the Tenderer is a Joint Venture, Consortium or Associations (JVCA), JVCA agreement orLetter of Intent along with the proposed agreement duly signed by all partners of the intendedJVCA and authenticated by a Notary Public must be submitted (ITT 18.1);

4. For JVCA, lead partner and its other partners must meet minimum qualification criteria (ITT18.2);

5. Tender Submission Letter (Form PW3-1) shall be properly filled up by the Tenderer (ITT 24.1 a);

6. Bill of Quantities using the form(s) furnished in Section 6: Bill of Quantities shall be properlyfilled up by the Tenderer (ITT 25.2, 51.2). Tenderers are not allowed to change/ modify theformat of Price Schedule.

7. If the Tenderer is not manufacture, Manufacturer’s Authorisation Letter (Form PW3-5a) fromOEM for the items mentioned in TDS must be submitted to demonstrate that it has been dulyauthorized by the manufacturer or producer of the Goods to supply the Goods to Bangladesh[TDS(ITT24.1l1)];

8. The Tenderer and/or member(s) of JVCA shall include at least 2 (two) End Users Certificates orFinal Acceptance Certificates or Commissioning Certificate from the end users within last 10years of the Wind Power Plants having minimum 1000KW +10% capacity which were designed,supplied, constructed, tested & commissioned by the Tenderer and/or member(s) of JVCA toestablish the Tenderer's and/or member(s) of JVCA's minimum required experience to Tender.Such plants should have minimum 1 (One) year reliable operational experience.[TDS(ITT24.1l 2)];

9. The Tenderer and/or member(s) of JVCA should be presently in the business of operation& maintenance (O&M) of wind farms and should have the experience of successfuloperation and maintenance of at least two (2) wind farms of 1 MW capacity or above (foreach), for a period at least of one year as on the date of submission of bid and during last5 years period. End user certificates on this regard have to be submitted. [TDS(ITT24.1l 3)]

10. Tenderer must submit Guarantee/warranty certificate of the offered system/Equipments/materials/items/spares including turnkey work and its satisfactory performanceduring warranty period [18 (Eighteen) months from the date of issuing Provisional AcceptanceCertificate] [TDS(ITT24.1l 19)];

11. Tenderer shall have to submit Guaranteed Technical Particulars (GTP) (in Section-8)properely filled up by relevant manufacturers. [TDS(ITT24.1l 11)];

12. Tenderer shall have to submit a confirmation certificate regarding 6 years Operation &Maintenance (1.5 years Warranty and 4.5 years O & M service) of Plant with associatedEvacuation Line from the date of issuing Provisional Acceptance Certificate. [TDS(ITT24.1l12)];

13. Work completion period (from Contract Effective Date) including supply of materials/equipment/spares/ consumables etc shall not be more than 365 days. [TDS(ITT26.2)]; [PCC (GCC1.1(Y)];

14. Tender shall remain valid for the period specified in the TDS after the date of Tendersubmission deadline (ITT 33);

15. Tender must be accompanied by a valid Tender Security (ITT 35, 51.2);

16. Tender must be accompanied by Letter of Authorization to sign the Tender on behalf of theTenderer (ITT 24.1f, 51.2);

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17. Tender must comply with the scope of work as stated under General Specification, Section 7,without any material deviation or reservation (ITT 52.2);

18. Tenderer shall have to submit Certificate confirming compliance to the terms and conditions ofthe Tender Document. [TDS(ITT24.1(I))];

19. If Tenderer has any reservations, he has to mention it in deviation list (PW3-12).[TDS(ITT24.1(I))];

20. Tenderer shall have to comply with the payment terms [PCC (GCC 66.1)];

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Table of Contents

Section 1. Instructions to Tenderers.................................................................A. General .........................................................................................................1

1. Scope of Tender2. Interpretation3. Source of Funds4. Corrupt, Fraudulent, Collusive or Coercive Practices5. Eligible Tenderers6. Eligible Materials, Equipment and Associated Services7. Site Visit

B. Tender Document ........................................................................................ 58. Tender Document: General9. Clarification of Tender Document10. Pre-Tender Meeting11. Addendum to Tender Document

C. Qualification Criteria.................................................................................... 712. General Criteria13. Litigation History14. Experience Criteria15. Financial Criteria16. Personnel Capacity17. Equipment Capacity18. Joint Venture, Consortium or Association (JVCA)19. Subcontractor(s)

D. Tender Preparation ...................................................................................... 920. Only one Tender21. Cost of Tendering22. Issuance and Sale of Tender Document23. Language of Tender24. Contents of Tender25. Tender Submission Letter and Bill of Quantities26. Alternatives27. Tender Prices, Discounts and Price Adjustment28. Tender Currency29. Documents Establishing Eligibility of the Tenderer30. Documents Establishing the Eligibility and Conformity of Materials, Equipment and

Services31. Documents Establishing Technical Proposal32. Documents Establishing the Tenderer’s Qualification33. Validity Period of Tender34. Extension of Tender Validity and Tender Security35. Tender Security36. Form of Tender Security37. Authenticity of Tender Security38. Return of Tender Security39. Forfeiture of Tender Security40. Format and Signing of Tender

E. Tender Submission.................................................................................... 1641. Sealing, Marking and Submission of Tender42. Deadline for Submission of Tender43. Late Tender44. Notice for Modification, Substitution or Withdrawal of Tender ............................................45. Tender Modification46. Tender Substitution47. Tender Withdrawal

F. Tender Opening and Evaluation ............................................................... 1748. Tender Opening49. Evaluation of Tenders50. Evaluation Process51. Preliminary Examination

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52. Technical Responsiveness and Technical Evaluation ..........................................................53. Clarification on Tender54. Restrictions on Disclosure of Information55. Correction of Arithmetical Errors56. Financial Evaluation57. Price Comparison58. Negotiations59. Post-qualification60. Procuring Entity’s Right to Accept any or to Reject Any or All Tenders61. Informing Reasons for Rejection

G. Contract Award .......................................................................................... 2362. Award Criteria63. Notification of Award64. Performance Security65. Form and Time Limit for Furnishing of Performance Security66. Validity of Performance Security67. Authenticity of Performance Security68. Adjudicator69. Contract Signing70. Publication of Notification of Award of Contract71. Debriefing of Tenderers72. Right to Complain

Section 2. Tender Data Sheet.........................................................................27A. General.......................................................................................................... ....B. Tender Document......................................................................................... ....C. Qualification Criteria........................................................................................D. Tender Preparation...................................................................................... .....E. Tender Submission..........................................................................................F. Tender Opening and Evaluation.....................................................................G. Contract Award............................................................................................. ....

Section 3. General Conditions of Contract ...................................................38A.General......................................................................................................................

1. Definitions2. Interpretation3. Communications and Notices4. Governing Law5. Governing Language6. Documents Forming the Contract and Priority of Documents7. Scope of Works8. Assignment9. Eligibility10. Gratuities / Agency fees11. Confidential Details12. JVCA13. Possession of the Site14. Access to the Site15. Procuring Entity’s Responsibilities16. Approval of the Contractor’s Temporary Works17. Contractor’s Responsibilities18. Taxes and Duties19. Contractor’s Personne20. Subcontracting21. Nominated Subcontractor22. Other Contractors23. Project Manager’s Decisions24. Delegation25. Instructions26. Queries about the Contract conditions27. Safety, Security and Protection of the Environment28. Working Hours

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29. Welfare of Labourers30. Child Labour31. Discoveries32. Procuring Entity’s and Contractor’s Risks33. Procuring Entity’s Risks34. Contractor’s Risks35. Copyright36. Limitation of Liability37. Insurance38. Management and Progress Meetings39. Corrupt, Fraudulent, Collusive or Coercive Practices

B. Time Control............................................................................................... 5340. Commencement of Works41. Completion of Works42. Programme of Works43. Pro Rata Progress44. Early Warning45. Extension of Intended Completion Date46. Delays Caused by Authorities47. Acceleration48. Delays Ordered by the Project Manager49. Suspension of Work50. Consequences of Suspension

C Quality Control…………………………………………………………...……….5551. Execution of Works52. Examination of Works before covering up53. Identifying Defects54. Testing55. Rejection of Works56. Remedial Work57. Correction of Defects58. Uncorrected Defects

D. Cost Control ............................................................................................... 5759. Contract Price60. Bill of Quantities61. Changes in the Quantities and Unit Rate or Price62. Variations63. Costing of Variations or Extra Orders64. Cash Flow Forecasts65. Payment Certificates66. Payments to the Contractor67. Delayed Payment68. Payments to Nominated Subcontractor(s)69. Compensation Events70. Adjustments for Changes in Legislation71. Price Adjustment72. Retention Money73. Liquidated Damages74. Bonus75. Advance Payment76. Performance Security77. Provisional Sums78. Dayworks79. Cost of Repairs to Loss or Damages80. Completion81. Taking Over82. Amendment to Contract83. Final Account84. As-built Drawings and Manuals85. Force Majeure86. Notice of Force Majeure87. Consequences of Force Majeure88. Release from Performance89. Termination90. Payment upon Termination

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91. Property92. Frustration93. Contractor’s Claims94. Settlement of Disputes

E. Completion of the Contract…………………………………………………….63F Termination and Settlement of Disputes…………………………………….66G. Claims, Disputes and Arbitration……………………………………………...69

Section 4. Particular Conditions of Contract................................................72Section 5. Tender and Contract Forms .........................................................89

Tender Submission Letter (Form PW3-1)Tenderer Information (Form PW3-2)JVCA Partner Information (Form PW3-3)Subcontractor Information (Form PW3-4)Personnel Information (Form PW3-5)Manufacturer’s Authorization & Warranty/Guarantee Letter (Form PW3-5a)Bank Guarantee for Tender Security (Form PW3-6)Notification of Award (Form PW3-7)Contract Agreement (Form PW3-8)Bank Guarantee for Performance Security (Form PW3-9)Bank Guarantee for Advance Payment (Form PW3-10)Bank Guarantee for Retention Money Security (Form PW3-11)Deviation List (Form PW3-12)

Section 6. Bill of Quantities & Schedule of Requirements….…………….112Section 7. General Specifications ...............................................................122Section 8. Particular Specifications ............................................................160Section 9. Drawings......................................................................................170

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Section 1. Instructions to Tenderers

A. GeneralScope of Tender 1.1 The Procuring Entity, as indicated in the Tender Data Sheet (TDS)

issues this Tender Document for the procurement of Works andassociated Services incidental thereto as specified in the TDS and asdetailed in Section 6: Bill of Quantities. The name of the Tenderand the number and identification of its constituent lot(s) are stated inthe TDS.

1.2 The successful Tenderer shall be required to execute the works andphysical services as specified in the General Conditions of Contract

Interpretation 2.1 Throughout this Tender Document:

(a) the term “in writing” means communication written by hand ormachine duly signed and includes properly authenticatedmessages by facsimile or electronic mail;

(b) if the context so requires, singular means plural and viceversa;

(c) “day” means calendar days unless otherwise specified asworking days;

(d) “Person” means and includes an individual, body ofindividuals, sole proprietorship, partnership, company,association or cooperative society that wishes to participate inProcurement proceedings;

(e) “Tenderer” means a Person who submits a Tender;

(f) “Tender Document” means the Document provided by aProcuring Entity to a Tenderer as a basis for preparation of theTender; and

(g) “Tender” depending on the context, means a Tendersubmitted by a Tenderer for execution of Works and PhysicalServices to a Procuring Entity in response to an Invitation forTender.

Source of Funds 3.1 The Procuring Entity has been allocated public funds as indicated in theTDS and intends to apply a portion of the funds to eligible paymentsunder the Contract for which this Tender Document is issued.

3.2 For the purpose of this provision, “public funds” means any monetaryresources appropriated to Procuring Entities under Government budget,or loan, grants and credits placed at the disposal of Procuring Entitiesthrough the Government by the development partners or foreign states ororganisations.

3.3 Payments by the development partner, if so indicated in the TDS, will bemade only at the request of the Government and upon approval by thedevelopment partner or foreign state or Organisation in accordance withthe applicable Loan / Credit / Grant Agreement, and will be subject in allrespects to the terms and conditions of that Agreement.

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Corrupt, Fraudulent,Collusive or CoercivePractices

4.1 The Government requires that Procuring Entities, as well asTenderers and Contractors shall observe the highest standard ofethics during implementation of procurement proceedings and theexecution of Contracts under public funds.

4.2 For the purposes of ITT Sub Clause 4.3, the terms set forth belowas follows:(a) “corrupt practice” means offering, giving or promising to

give, receiving, or soliciting either directly or indirectly, toany officer or employee of a Procuring Entity or other publicor private authority or individual, a gratuity in any form;employment or any other thing or service of value as aninducement with respect to an act or decision or methodfollowed by a Procuring Entity in connection with aProcurement proceeding or Contract execution;

(b) “fraudulent practice” means the misrepresentation oromission of facts in order to influence a decision to be takenin a Procurement proceeding or Contract execution;

(c) “collusive practice” means a scheme or arrangement betweentwo (2) or more Persons, with or without the knowledge ofthe Procuring Entity, that is designed to arbitrarily reduce thenumber of Tenders submitted or fix Tender prices at artificial,non-competitive levels, thereby denying a Procuring Entitythe benefits of competitive price arising from genuine andopen competition; or

(d) “coercive practice” means harming or threatening to harm,directly or indirectly, Persons or their property to influencea decision to be taken in the Procurement proceeding orthe execution of a Contract, and this will include creatingobstructions in the normal submission process used forTenders.

(e) “obstructive practice” means deliberately destroying,falsifying, altering or concealing of evidence material to theinvestigation or making false statements to investigators inorder to materially impede an investigation into allegationsof a corrupt, fraudulent, coercive or collusive practice;and/or threatening, harassing or intimidating any party toprevent it from disclosing its knowledge of matters relevantto the investigation or from pursuing the investigation.

4.3 Should any corrupt, fraudulent, collusive, coercive or obstructivepractice of any kind come to the knowledge of the Procuring Entity, itwill, in the first place, allow the Tenderer to provide an explanationand shall, take actions only when a satisfactory explanation is notreceived. Such exclusion and the reasons thereof, shall be recordedin the record of the procurement proceedings and promptlycommunicated to the Tenderer concerned. Any communicationsbetween the Tenderer and the Procuring Entity related to matters ofalleged corrupt, fraudulent, collusive, coercive, or obstructivepractices shall be in writing.

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4.4 If corrupt, fraudulent, collusive, coercive or obstructive practices ofany kind is determined by the Procuring Entity against anyTenderer or Contractor in competing for, or in executing, a contractunder public fund, the Procuring Entity shall :(a) exclude the concerned Tenderer from further participation

in the concerned procurement proceedings;(b) reject any recommendation for award that had been

proposed for that concerned Tenderer; and(c) declare, at its discretion, the concerned Tenderer to be

ineligible to participate in further Procurement proceedings,either indefinitely or for a specific period of time.

4.5 The Tenderer shall be aware of the provisions on corruption,fraudulence, collusion, coercion and obstruction as stated in GCCClause 39 and 89.1(b)(vii).

Eligible Tenderers 5.1 This Invitation for Tenders is open to all potential Tenderers fromall countries, except for any specified in the TDS.

5.2 A Tenderer may be a physical or juridical individual or body ofindividuals, or company, association or any combination of them inthe form of a Joint Venture, Consortium or Association (JVCA)invited to take part in public procurement or seeking to be soinvited or submitting a Tender in response to an Invitation forTenders.

5.3 A Government-owned enterprise in Bangladesh may alsoparticipate in the Tender if it is legally and financially autonomous,it operates under commercial law, and it is not a dependentagency of the Procuring Entity.

5.4 The Tenderer shall have the legal capacity to enter into theContract.

5.5 Tenderers should not be associated, or have been associated inthe past, directly or indirectly, with a consultant or any of itsaffiliates which have been engaged by the Procuring Entity toprovide consulting services for the preparation of the design,specifications, and other documents to be used for theprocurement of the works to be performed under this Invitation forTenders.

5.6 The Tenderer in its own name or its other names or also in thecase of its Persons in different names, shall not be under adeclaration of ineligibility for corrupt, fraudulent, collusive,coercive, or obstructive practices as stated under ITT Sub Clause4.4.

5.7 The Tenderer with a poor performance, consistent history oflitigation or arbitration awards against it shall not be eligible toTender.

5.8 The Tenderer shall not be insolvent, be in receivership, bebankrupt, be in the process of bankruptcy, be not temporarily

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barred from undertaking business and it shall not be the subject oflegal proceedings for any of the foregoing.

5.9 The Tenderer shall have fulfilled its obligations to pay taxes andsocial security contributions under the provisions of laws andregulations of the country of its origin.

5.10 Tenderers shall provide such evidence of their continued eligibilitysatisfactory to the Procuring Entity, as the Procuring Entity willreasonably request.

5.11 These requirements for eligibility will extend, as applicable, to eachJVCA partner and Subcontractor proposed by the Tenderer.

Eligible Materials,Equipment and AssociatedServices

6.1 All materials, equipment and associated services to be suppliedunder the Contract are from eligible sources, unless their origin isfrom a country specified in the TDS.

6.2 For the purposes of this Clause, “origin” means the place wherethe Materials and Equipments are mined, grown, cultivated,produced or manufactured or processed, or through manufacturing,processing, or assembly, another commercially recognized newproduct results that differs substantially in its basic characteristicsfrom its components or the place from which the associatedservices are supplied.

6.3 The origin of materials and equipment and associated services isdistinct from the nationality of the Tenderer.

Site Visit 7.1 The Tenderer is advised to visit and examine the Site of Worksand its surroundings and obtain for itself on its own responsibilityall information that may be necessary for preparing the Tender andentering into a contract for construction of the Works.

7.2 The Tenderer and any of its personnel or agents will be grantedpermission by the Procuring Entity to enter into its premises andlands for the purpose of such visit, but only upon the expresscondition that the Tenderer, its personnel, and agents will releaseand indemnify the Procuring Entity and its personnel and agentsfrom and against all liability in respect thereof, and will beresponsible for death or personal injury, loss of or damage toproperty, and any other loss, damage, costs, and expensesincurred as a result of the inspection.

7.3 The Tenderer should ensure that the Procuring Entity is informedof the visit in adequate time to allow it to make appropriatearrangements.

7.4 The costs of visiting the Site shall be at the Tenderer’s ownexpense.

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B. Tender DocumentTender Document: General 8.1 The Sections comprising the Tender Document are listed below,

and should be read in conjunction with any Addendum issuedunder ITT Clause 11.

Section 1 Instructions to Tenderers (ITT) Section 2 Tender Data Sheet (TDS) Section 3 General Conditions of Contract (GCC) Section 4 Particular Conditions of Contract (PCC) Section 5 Tender and Contract Forms Section 6 Bill of Quantities (BOQ) Section 7 General Specifications Section 8 Particular Specifications Section 9 Drawings

8.2 The Procuring Entity is not responsible for the completeness of theTender Document and their addenda, if these were not purchaseddirectly from the Procuring Entity, or through its agent as stated in theTDS.

8.3 The Tenderer is expected to examine all instructions, forms,terms, and specifications in the Tender Document as well as inaddendum to Tender, if any.

Clarification of TenderDocument

9.1 A prospective Tenderer requiring any clarification of the TenderDocument shall contact the Procuring Entity in writing at theProcuring Entity’s address and within time as indicated in theTDS.

9.2 A Procuring Entity is not obliged to answer any clarificationrequest received after that date as stated under ITT Sub Clause9.1.

9.3 The Procuring Entity shall respond in writing within five (5) workingdays of receipt of any such request for clarification received underITT Sub Clause 9.1.

9.4 The Procuring Entity shall forward copies of its response to all thosewho have purchased the Tender Document, including a descriptionof the enquiry but without identifying its source.

9.5 Should the Procuring Entity deem it necessary to revise the TenderDocument as a result of a clarification, it will do so following theprocedure under ITT Clause 11 and ITT Sub Clause 42.2.

Pre-Tender Meeting 10.1 To clarify issues and to answer questions on any matter arising in theTender Document, the Procuring Entity may, if stated in the TDS,hold a pre-Tender Meeting at the place, date and time as specified inthe TDS. All potential Tenderers are encouraged and invited toattend the meeting, if it is held.

10.2 The Tenderer is requested to submit any questions in writing so as toreach the Procuring Entity no later than one day prior to the date ofthe meeting.

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10.3 Minutes of the pre-Tender meeting, including the text of thequestions raised and the responses given, together with anyresponses prepared after the meeting, will be transmitted within five(5) working days after holding the meeting to all those whopurchased the Tender document and to even those who did notattend the meeting. Any revision to the Tender document listed inITT Sub-Clause 8.1 that may become necessary as a result of thepre-Tender meeting will be made by the Procuring Entity exclusivelythrough the issue of an Addendum pursuant to ITT Sub Clause 11and not through the minutes of the Pre-Tender meeting.

10.4 Non-attendance at the Pre-Tender meeting will not be a cause fordisqualification of a Tenderer.

Addendum to TenderDocument 11.1 At any time prior to the deadline for submission of Tenders, the

Procuring Entity, on its own initiative or in response to an inquiry inwriting from a Tenderer, having purchased the Tender Document, oras a result of a Pre-Tender meeting may revise the TenderDocument by issuing an Addendum.

11.2 The Addendum issued under ITT Sub Clause 11.1 shall become anintegral part of the Tender Document and shall have a date and anissue number and must be circulated by fax, mail or e-mail, toTenderers who have purchased the Tender Documents, within three(3) working days of issuance of such Addendum, to enableTenderers to take appropriate action.

11.3 The Tenderers will acknowledge receipt of an Addendum withinthree (3) working days.

11.4 Procuring Entities shall also ensure posting of the relevant addendawith the reference number and date on their websites includingnotice boards, where the Procuring Entities had originally posted theIFTs.

11.5 To give a prospective Tenderer reasonable time in which to take anaddendum into account in preparing its Tender, the Procuring Entitymay, at its discretion, extend the deadline for the submission ofTenders, pursuant to ITT Sub Clause 42.2.

11.6 If an addendum is issued when time remaining is less than one-thirdof the time allowed for the preparation of Tenders, a Procuring Entityat its discretion shall extend the deadline by an appropriate numberof days for the submission of Tenders, depending upon the nature ofthe Procurement requirement and the addendum. In any case, theminimum time for such extension shall not be less than three (3)working days.

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C. Qualification CriteriaGeneral Criteria 12.1 The Tenderer shall possess the necessary professional and

technical qualifications and competence, financial resources,equipment and other physical facilities, managerial capability,specific experience, reputation, and the personnel, to perform thecontract.

12.2 To qualify for multiple number of contracts/lots in a package madeup of this and other individual contracts/lots for which tenders areinvited in the Invitation for Tenders, the Tenderer shalldemonstrate having resources and experience sufficient to meetthe aggregate of the qualifying criteria for the individual contracts.

Litigation History 13.1 Litigation history shall comply with the requirement as specified inITT 15.1(c).

Experience Criteria 14.1 The Tenderer shall have the following minimum level ofconstruction experience to qualify for the performance of theWorks under the Contract:

(a) a minimum number of years of general experience in theconstruction of works as Prime Contractor or Subcontractoror Management Contractor as specified in the TDS; and

(b) Specific experience as a Prime Contractor orSubcontractor or Management Contractor in constructionworks of a nature, complexity and methods/constructiontechnology similar to the proposed Works in at least anumber of contract(s) and of a minimum value over theperiod, as specified in the TDS.

Financial Criteria 15.1 The Tenderer shall have the following minimum level of financialcapacity to qualify for the performance of the Works under theContract.

(a) the average annual construction turnover as specified inthe TDS during the period specified in the TDS;

(b) availability of minimum liquid assets or working capital orcredit facilities, as specified in the TDS; and

(c) satisfactory resolution of all claims, arbitrations or otherlitigation cases and shall not have serious negative impacton the financial capacity of the Tenderer.

Personnel Capacity 16.1 The Tenderer shall have the following minimum level of personnelcapacity to qualify for the performance of the Works under theContract:

(a) a Construction Project Manager, Engineers, and other keystaff with qualifications and experience as specified in theTDS;

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Equipment Capacity 17.1 The Tenderer shall own suitable equipment and other physicalfacilities or have proven access through contractual arrangementto hire or lease such equipment or facilities for the desired period,where necessary or have assured access through lease, hire, orother such method, of the essential equipment, in full workingorder, as specified in the TDS.

Joint Venture, Consortium orAssociation (JVCA)

18.1 The Tenderer may participate in the procurement proceedingsforming a Joint Venture, Consortium or Associations (JVCA) by anagreement,executed case by case on a non judicial stamp of valueas stated in TDS or alternately with the intent to enter into such anagreement supported by a Letter of Intent along with the proposedagreement duly signed by all partners of the intended JVCA andauthenticated by a Notary Public .

18.2 The figures for each of the partners of a JVCA shall be addedtogether to determine the Tenderer’s compliance with the minimumqualifying criteria; however, for a JVCA to qualify, lead partner and itsother partners must meet the criteria stated in the TDS. Failure tocomply with these requirements will result in rejection of the JVCATender. Subcontractors’ experience and resources will not be takeninto account in determining the Tenderer’s compliance with thequalifying criteria.

18.3 Each partner of the JVCA shall be jointly and severally liable for theexecution of the Contract, all liabilities and ethical and legalobligations in accordance with the Contract terms.

18.4 The JVCA shall nominate a Representative (partner-in-charge) whoshall have the authority to conduct all business for and on behalf ofany and all the partners of the JVCA during the tendering processand, in the event the JVCA is awarded the Contract, during contractexecution including the receipt of payments for and on behalf of theJVCA.

18.5 Each partner of the JVCA shall complete the JVCA PartnerInformation (Form PW3-3) for submission with the Tender.

Subcontractor(s) 19.1 A Tenderer may intend to subcontract an activity or part of theWorks, in which case such elements and the proposedSubcontractor shall be clearly identified.

19.2 The Procuring Entity may require Tenderers to provide moreinformation about their subcontracting arrangements. If anySubcontractor is found ineligible or unsuitable to carry out thesubcontracted tasks, the Procuring Entity may request the Tendererto propose an acceptable substitute.

19.3 The Procuring Entity may also select nominated Subcontractor(s) toexecute certain specific components of the Works and if so, thosewill be specified in the TDS.

19.4 The successful Tenderer shall under no circumstances assign theWorks or any part of it to a Subcontractor.

19.5 Each Subcontractor shall complete the Subcontractor Information

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(Form PW3-4) for submission with the Tender.

D. Tender PreparationOnly one Tender 20.1 A Tenderer shall submit only one (1) Tender for each lot, either

individually or as a JVCA. The Tenderer who submits or participatesin more than one (1) Tender in one (1) lot will cause all theTenders of that particular Tenderer to be rejected.

Cost of Tendering 21.1 The Tenderer shall bear all costs associated with the preparationand submission of its Tender, and the Procuring Entity shall not beresponsible or liable for those costs, regardless of the conduct oroutcome of the Tendering process.

Issuance and Sale of TenderDocument

22.1 A Procuring Entity shall make Tender Documents availableimmediately to the potential Tenderers, requesting and willing topurchase at the corresponding price if the advertisement has beenpublished in the newspaper.

22.2 There shall not be any pre-conditions whatsoever, for sale of TenderDocuments and the sale of such Document shall be permitted up tothe day prior to the day of deadline for the submission of Tender.

Language of Tender 23.1 The Tender shall be written in the English language.Correspondences and documents relating to the Tender may bewritten in English or Bangla. Supporting documents and printedliterature furnished by the Tenderer that are part of the Tender maybe in another language, provided they are accompanied by anaccurate translation of the relevant passages in the English orBangla language, in which case, for purposes of interpretation of theTender, such translation shall govern.

23.2 The Tenderer shall bear all costs of translation to the governinglanguage and all risks of the accuracy of such translation.

Contents of Tender 24.1 The Tender prepared by the Tenderer will comprise the following:(a) the Tender Submission Letter in accordance with ITT Clause

25 (Form PW3-1);

(b) Tenderer Information in accordance with ITT Clauses 5,29and 32 (Form PW3-2);

(c) the priced Bill of Quantities for each lot in accordance withITT Clauses 25,27 and 28;

(d) Tender Security as stated under ITT Clauses 35, 36 and 37.

(e) alternatives, if permissible, as stated under ITT Clause 26;

(f) written confirmation authorizing the signatory of the Tender tocommit the Tenderer, as stated under ITT Sub Clause 40.3;

(g) Valid Trade license ;

(h) documentary evidence of Tax Identification Number (TIN)and Value Added Tax (VAT) as a proof of taxationobligations as stated under ITT Sub Clause 5.9;

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(i) documentary evidence as stated under ITT Clause 29establishing the Tenderer’s qualifications to perform theContract if its tender is accepted;

(j) Technical Proposal describing work plan & method,personnel, equipment and schedules as stated under ITTClause 31;

(k) documentary evidence as stated under ITT Clause 32establishing the minimum qualifications of the Tendererrequired to be met for due performance of the Works andphysical services under the Contract; and

(l) any other document as specified in the TDS.24.2 In addition to the requirements stated under ITT Sub Clause 24.1,

Tenders submitted by a JVCA or proposing a Subcontractor shallinclude:(a) a Joint Venture Agreement entered into by all partners,

executed on a non-judicial stamp of value or equivalent asstated under ITT Sub Clause 18.1; or

(b) a Letter of Intent along with the proposed agreement dulysigned by all partners of the intended JVCA with thedeclaration that it will execute the Joint Venture agreement inthe event the Tenderer is successful;

(c) the JVCA Partner Information (Form PW3-3);

(d) the Subcontractor Information (Form PW3-4).

Tender Submission Letterand Bill of Quantities

25.1 The Tenderer shall submit the Tender Submission Letter (FormPW3-1), which shall be completed without any alterations to itsformat, filling in all blank spaces with the information requested,failing which the Tender may be rejected as being incomplete.

25.2 The Tenderer shall submit the priced Bill of Quantities using theform(s) furnished in Section 6: Bill of Quantities.

25.3 If in preparing its Tender, the Tenderer has made errors in the unitrate or price or the total price, and wishes to correct such errors priorto submission of its Tender, it may do so, but shall ensure that eachcorrection is initialled by the authorised person of the Tenderer.

Alternatives 26.1 Unless otherwise stated in the TDS, alternatives shall not beconsidered.

26.2 When alternative times for completion are explicitly invited, astatement to that effect will be included in the TDS, as will themethod of evaluating different times for completion.

26.3 Except as provided under ITT Sub Clause 26.4, Tenderers wishingto offer technical alternatives to the requirements of the TenderDocuments must first price the Procuring Entity’s design asdescribed in the Tender Documents and shall further provide allinformation necessary for a complete evaluation of the alternative bythe Procuring Entity, including drawings, designs, designcalculations, technical specifications, breakdown of prices, and

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proposed construction methodology and other relevant details.26.4 When specified in ITT clause 26.1, Tenderers are permitted to

submit alternative technical solutions for specified parts of theWorks, and such parts will be identified in the TDS.

26.5 Only the technical alternatives, if any, of the lowest evaluatedTenderer conforming to the basic technical requirements will beconsidered by the Procuring Entity.

Tender Prices, Discountsand Price Adjustment

27.1 The prices and discounts quoted by the Tenderer in the TenderSubmission Letter (Form PW3-1) and in the Bill of Quantities (BOQ)shall conform to the requirements specified below.

27.2 The Tenderer shall fill in unit rates or prices for all items of the Worksboth in figures and in words as described in the BOQ.

27.3 The items quantified in the BOQ for which no unit rates or priceshave been quoted by the Tenderer will not be paid for, by theProcuring Entity when executed and shall be deemed covered by theamounts of other rates or prices in the BOQ and, it shall not be areason to change the Tender price.

27.4 The Procuring Entity may, if necessary, require the Tenderer tosubmit the detail breakdown of the unit rates or prices quoted by theTenderer for the facilitation of the Tender proceedings.

27.5 The price to be quoted in the Tender Submission Letter, as statedunder ITT Sub Clause 25.1, shall be the total price of the Tender,excluding any discounts offered.

27.6 The Tenderer shall quote any unconditional discounts and themethodology for application of discount in the Tender SubmissionLetter as stated under ITT Sub Clause 25.1.

27.7 Tenderers wishing to offer any price reduction for the award of morethan one lot shall specify in their Tender the price reductionsapplicable to each lot, or alternatively, to any combination of lotswithin the package. Price reductions or discounts will be submittedas stated under ITT Sub Clause 27.1, provided the Tenders for alllots are submitted and opened together.

27.8 All applicable taxes, custom duties, VAT and other levies payable bythe Contractor under the Contract, or for any other causes, as of thedate twenty-eight (28) days prior to the deadline for submission ofTenders, shall be included in the unit rates and prices and the totalTender price submitted by the Tenderer.

27.9 Unless otherwise provided in the TDS and the Contract, the price ofa Contract shall be fixed in which case the unit rates or prices maynot be modified in response to changes in economic or commercialconditions.

27.10 If so indicated under ITT Sub Clause 27.9, Tenders are being invitedwith a provision for price adjustments. The unit rates or prices quotedby the Tenderer are subject to adjustment during the performance of

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the Contract in accordance with the provisions of GCC Clause 71and, in such case the Procuring Entity shall provide the indexes andweightings or coefficients in Appendix to the Tender for the priceadjustment formulae specified in the PCC.

27.11 The Procuring Entity may require the Tenderer to justify its proposedindexes, if any of those as stated under ITT Sub Clause 27.10, areinstructed to be quoted by the Tenderer in Appendix to the Tender.

Tender Currency 28.1 The Tenderer shall quote all prices in the Tender Submission Letterand in the Bill of Quantities in Bangladesh Taka currency unlessotherwise specified in the TDS.

Documents EstablishingEligibility of the Tenderer

29.1 A Tenderer, if applying as a sole Tenderer, shall submit documentaryevidence to establish its eligibility as stated under ITT Clause 5 and,in particular, it shall:

(a) complete the eligibility declarations in the Tender SubmissionLetter (Form PW3-1);

(b) complete the Tenderer Information (Form PW3-2);

(c) provide completed Subcontractor Information (Form PW3-4),if it intends to engage any Subcontractor(s).

29.2 A Tenderer, if applying as a partner of an existing or intended JVCAshall submit documentary evidence to establish its eligibility as statedunder ITT Clause 5 and, in particular, in addition to as specified inITT Sub Clause 29.1, it shall:

(a) provide for each JVCA partner, completed JVCA PartnerInformation (Form PW3-3);

(b) provide the JVCA agreement or Letter of Intent along withthe proposed agreement of the intended JVCA as stated inITT Sub Clause 18.1.

Documents Establishing theEligibility and Conformity ofMaterials, Equipment andServices

30.1 The Tenderer shall submit documentary evidence to establish theorigin of all Materials, Equipment and services to be supplied underthe Contract as stated under ITT Clause 6.

30.2 To establish the conformity of the Materials, Equipment and servicesto be supplied under the Contract, the Tenderer shall furnish, as partof its Tender, the documentary evidence (which may be in the formof literature, specifications and brochures, drawings or data) thatthese conform to the technical specifications and standards specifiedin Section 7, General Specifications and Section 8, ParticularSpecifications.

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Documents EstablishingTechnical Proposal

31.1 The Tenderer shall furnish a Technical Proposal including astatement of work methods, equipment, personnel, schedule andany other information as stipulated in TDS, in sufficient detail todemonstrate the adequacy of the Tenderer’s proposal to meet thework requirements and the completion time.

Documents Establishing theTenderer’s Qualification

32.1 Tenderers shall complete and submit the Tenderer Information(Form PW3-2) and shall include documentary evidence, asapplicable to satisfy the following:

(a) general experience of construction works as stated under ITTSub Clause 14.1(a) ;

(b) specific experience in construction works of similar natureand size as stated under ITT Sub Clauses 14.1(b)

(c) average annual construction turnover for a period as statedunder ITT Sub Clause 15.1(a);

(d) adequacy of working capital for this Contract i.e. access toline(s) of credit and availability of other financialresourcesasstated under ITT Sub Clause 15.1(b);

(e) technical and administrative personnel along with theirqualification and experience proposed for the Contract asstated under ITT Clause 16;

(f) major items of construction equipment proposed to carryout the Contract as stated under ITT Clause 17;

(g) authority to seek references from the Tenderer’s bankers orany other sources.

(h) information regarding any litigation, current or during thelast five years, in which the Tenderer is involved, theparties concerned, and disputed amount;

(i) reports on the financial standing of the Tenderer, such asprofit and loss statements and auditor’s reports for the pastfive years.

32.2 An Procuring Entity shall disqualify a Tenderer who submits adocument containing false information for purposes of qualification ormislead or makes false representations in proof of qualificationrequirements. An Procuring Entity may declare such a Tendererineligible, either indefinitely or for a stated period of time, fromparticipation in future procurement proceedings

32.3 An Procuring Entity may disqualify a Tenderer if it finds at any timethat the information submitted concerning the qualifications of theTenderer was materially inaccurate or materially incomplete. Also,an Procuring Entity may disqualify a Tenderer who has record ofpoor performance such as abandoning the works, not properlycompleting the contract, inordinate delays, litigation history orfinancial failures.

Validity Period of Tender 33.1 Tenders shall remain valid for the period specified in the TDS afterthe date of Tender submission deadline prescribed by the ProcuringEntity.. A Tender valid for a period shorter than that specified will be

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rejected by the Procuring Entity as non- responsive.

Extension of Tender Validityand Tender Security

34.1 In exceptional circumstances, prior to the expiration of the Tendervalidity period, the Procuring Entity may solicit the Tenderers’consent to an extension of the period of validity of their Tenders.

34.2 The request and the responses shall be made in writing. Validity ofthe tender security provided under ITT Clause 35 shall also besuitably extended for twenty eight (28) days beyond the new date forthe expiry of the Tender Validity. If a Tenderer does not respond orrefuses the request it shall not forfeit its tender security, but its tendershall no longer be considered in the evaluation proceedings. ATenderer agreeing to the request will not be required or permitted tomodify its tender.

Tender Security 35.1 The Tenderer shall furnish as part of its Tender, in favour of theProcuring Entity or as otherwise directed on account of the Tenderer,a Tender Security in original form and in the amount, as specified inthe TDS.

35.2 If the Tender is a Joint Venture, the Tenderer shall furnish as part ofits Tender, in favour of the Procuring Entity or as otherwise directedon account of the title of the existing or intended JVCA or any of thepartners of that JVCA or in the names of all future partners as namedin the Letter of Intent of the JVCA, a Tender Security in original formand in the amount as stated under ITT Sub Clause 35.1.

Form of Tender Security 36.1 The Tender Security shall:(a) at the Tenderer’s option, be either;

i. in the form of a bank draft or pay order, orii. in the form of an irrevocable bank guarantee issued by

a scheduled Bank of Bangladesh, in the format (FormPW3-6) furnished in Section 5: Tender and ContractForms;

(b) be payable promptly upon written demand by the ProcuringEntity in the case of the conditions listed in ITT Sub Clause39.1 being invoked; and

(c) remain valid for at least twenty eight (28) days beyond theexpiry date of the Tender Validity in order to make a claim indue course against a Tenderer in the circumstances as statedunder ITT Sub Clause 39.1.

Authenticity of TenderSecurity

37.1 The authenticity of the Tender Security submitted by a Tenderer maybe examined and verified by the Procuring Entity at its discretion inwriting from the Bank issuing the security.

37.2 If a Tender Security is found to be not authentic, the Procuring Entitymay proceed to take measures against that Tenderer as statedunder ITT Sub Clause 4.4.

37.3 A Tender not accompanied by a valid Tender Security will berejected by the Procuring Entity.

Return of Tender Security 38.1 No Tender Securities shall be returned by the Tender Opening

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Committee (TOC) during and after the opening of the Tenders.

38.2 No Tender Security shall be returned to the Tenderers beforecontract signing, except to those who are found unsuccessful.

38.3 Unsuccessful Tenderer’s tender security will be discharged orreturned as soon as possible but within 28 days of the end of thetender validity period specified in ITT Sub-Clauses 33.1.

38.4 The tender security of the Successful Tenderer will be dischargedupon the Tenderer’s furnishing of the performance security pursuantto ITT Clause 33 and signing the Agreement.

Forfeiture of Tender Security 39.1 The Tender Security may be forfeited, if a Tenderer:

(a) withdraws its Tender after opening of Tenders but within thevalidity of the Tender as stated under ITT Clause 33 and 34;or

(b) refuses to accept a Notification of Award as stated under ITTSub Clause 63.1; or

(c) fails to furnish Performance Security as stated under ITTSub Clause 64.1 and 64.2; or

(d) refuses to sign the Contract as stated under ITT Sub Clause69.2 ; or

(e) does not accept the correction of the Tender price followingthe correction of the arithmetic errors as stated under ITTClause 55.

Format and Signing ofTender

40.1 The Tenderer shall prepare one (1) original of the documentscomprising the Tender as described in ITT Clause 24 and clearlymark it “ORIGINAL.” In addition, the Tenderer shall prepare thenumber of copies of the Tender, as specified in the TDS and clearlymark each of them “COPY.” In the event of any discrepancybetween the original and the copies, the ORIGINAL shall prevail.

40.2 Alternatives, if permitted in accordance with ITT Clause 26, shall beclearly marked “Alternative”.

40.3 The original and each copy of the Tender shall be typed or written inindelible ink and shall be signed by the Person duly authorized tosign on behalf of the Tenderer. This authorization shall be attachedto the Tender Submission Letter (Form PW3-1). The name andposition held by each Person(s) signing the authorization must betyped or printed below the signature. All pages of the original and ofeach copy of the Tender, except for un-amended printed literature,shall be numbered sequentially and signed or initialled by the personsigning the Tender.

40.4 Any interlineations, erasures, or overwriting will be valid only if theyare signed or initialled by the Person(s) signing the Tender.

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E. Tender SubmissionSealing, Marking andSubmission of Tender

41.1 The Tenderer shall enclose the original in one (1) envelope and allthe copies of the Tender, including the alternatives, if permitted underITT Clause 26, in another envelope, duly marking the envelopes as“ORIGINAL” “ALTERNATIVE” (if permitted) and “COPY.” Thesesealed envelopes will then be enclosed and sealed in one (1) singleouter envelope.

41.2 The inner and outer envelopes shall:

(a) be addressed to the Procuring Entity at the address as statedunder ITT Sub Clause 42.1;

(b) bear the name of the Tender and the Tender Number asstated under ITT Sub Clause 1.1;

(c) bear the name and address of the Tenderer;

(d) bear a statement “DO NOT OPEN BEFORE ----------------------”the time and date for Tender opening as stated under ITT SubClause 48.1;

(e) bear any additional identification marks as specified in theTDS.

41.3 The Tenderer is solely and entirely responsible for pre-disclosure ofTender information if the envelope(s) are not properly sealed andmarked.

41.4 Tenders shall be delivered by hand or by mail, including courierservices at the address(s) as stated under ITT Sub Clause 42.1.

41.5 The Procuring Entity will, on request, provide the Tenderer withacknowledgement of receipt showing the date and time when it’sTender was received.

Deadline for Submission ofTender

42.1 Tenders shall be delivered to the Procuring Entity at the addressspecified in the TDS and no later than the date and time specified inthe TDS.

42.2 The Procuring Entity may, at its discretion, extend the deadline forsubmission of Tender as stated under ITT Sub Clause 42.1, in whichcase all rights and obligations of the Procuring Entity and Tendererspreviously subject to the deadline will thereafter be subject to thenew deadline as extended.

42.3 In general, the submission of Tenders will not be allowed in morethan one place. If, in exceptional cases, for procurement usinggovernment’s own fund, submission of Tenders is allowed in morethan one location/place, name of such primary and secondarylocation/place(s) shall be as specified in the TDS.

Late Tender 43.1 Any Tender received by the Procuring Entity after the deadline forsubmission of Tenders as stated under ITT Sub Clause 42.1 shall bedeclared LATE, rejected, and returned unopened to the Tenderer.

Notice for Modification,Substitution or Withdrawal of

44.1 A Tenderer may modify, substitute or withdraw its Tender after it hasbeen submitted by sending a written notice duly signed by the

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Tender authorized signatory and properly sealed, and shall include a copy ofthe authorization ; provided that such written notice including theaffidavit is received by the Procuring Entity prior to the deadline forsubmission of Tenders as stated under ITT Clause 42.

Tender Modification 45.1 The Tenderer shall not be allowed to retrieve its original Tender, butshall be allowed to submit corresponding modification to its originalTender marked as “MODIFICATION”.

Tender Substitution 46.1 The Tenderer shall not be allowed to retrieve its original Tender, butshall be allowed to submit another Tender marked as“SUBSTITUTION”.

Tender Withdrawal 47.1 The Tenderer shall be allowed to withdraw its Tender by a Letter ofWithdrawal marked as “WITHDRAWAL”.

F. Tender Opening and EvaluationTender Opening 48.1 Tenders shall be opened in one location, immediately, but no later

than one hour, after the deadline for submission of Tenders at theplace as specified in the TDS. In case of submission of tender forprocurement using Government’s own fund, tenders shall be openedat the primary place of submission within three hours of the deadlinefor submission of tenders.

48.2 Persons not associated with the Tender may not be allowed toattend the public opening of Tenders.

48.3 The Tenderers’ representatives shall be duly authorised by theTenderer. Tenderers or their authorised representatives will beallowed to attend and witness the opening of Tenders, and will sign aregister evidencing their attendance.

48.4 The authenticity of withdrawal or substitution of, or modifications tooriginal Tender, if any made by a Tenderer in specified manner, shallbe examined and verified by the Tender Opening Committee (TOC)based on documents submitted as stated under ITT Sub Clause44.1.

48.5 Ensuring that only the correct (M), (S), (A), (O) envelopes areopened, details of each Tender will be dealt with as follows:

(a) the Chairperson of the Tender Opening Committee will readaloud each Tender and record in the Tender Opening Sheet(TOS) :

(i) the name and address of the Tenderer;(ii) state if it is a withdrawn, modified, substituted or

original Tender;(iii) the Tender price;(iv) any discounts;(v) any alternatives;(vi) the presence or absence of any requisite Tender

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Security; and(vii) such other details as the Procuring Entity, at its

discretion, may consider appropriate

(b) only discounts and alternatives read aloud at the Tenderopening will be considered in evaluation.

(c) all pages of the original version of the Tender, except for un-amended printed literature, will be initialled by members ofthe Tender Opening Committee.

48.6 Upon completion of Tender opening, all members of the TenderOpening Committee and the Tenderers or Tenderer’s dulyauthorised representatives attending the Tender opening shall signby name, address, designation, the Tender Opening Sheet, copies ofwhich shall be issued to the Head of the Procuring Entity or an officerauthorised by him or her and also to the members of the TenderOpening Committee and any authorised Consultants and, to theTenderers immediately.

48.7 The omission of a Tenderer’s signature on the record shall notinvalidate the contents and effect of the record under ITT SubClause 48.6.

48.8 No Tender will be rejected at the Tender opening stage except theLATE Tenders as stated in the ITT Clause 43.

Evaluation of Tenders 49.1 Tenders shall be examined and evaluated only on the basis of thecriteria specified in the Tender Document.

49.2 The Procuring Entity’s Tender Evaluation Committee (TEC) shallexamine, evaluate and compare Tenders that are substantiallyresponsive to the requirements of Tender Documents in order toidentify the successful Tenderer.

Evaluation Process 50.1 The TEC will consider a Tender responsive that conforms in allrespects to the requirements of the Tender Document withoutmaterial deviation, reservation, or omission. The evaluationprocess should begin immediately after tender opening, followingfour broad steps:

(a) Preliminary examination

(b) Technical examination and responsiveness

(c) Financial evaluation and price comparison

(d) Post-qualification of the Tender.

Preliminary Examination 51.1 The Procuring Entity shall examine the tenders to confirm that alldocumentation requested in ITT Clause 24 has been provided, todetermine the completeness of each document submitted .

51.2 The Procuring Entity shall confirm that the following documents andinformation have been provided in the tender. If any of thesedocuments or information is missing, the offer shall be rejected.

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(a) Tender Submission Letter;

(b) Priced Bill of Quantities;

(c) Written confirmation of authorization to commit theTenderer; and

(d) Tender Security.

Technical Responsivenessand Technical Evaluation

52.1 The Procuring Entity’s determination of a tender’s responsiveness isto be based on the contents of the tender itself without recourse toextrinsic evidence.

52.2 A substantially responsive tender is one that conforms in all respectsto the requirements of the Tender Document without materialdeviation, reservation, or omission. A material deviation, reservation,or omission is one that:

(a) affects in any substantial way the scope, quality, orperformance of the Works specified in the Contract; or

(b) limits in any substantial way, or is inconsistent with theTender Documents, the Procuring Entity’s rights or theTenderer’s obligations under the Contract; or

(c) if rectified would unfairly affect the competitive position ofother Tenderers presenting substantially responsivetenders.

52.3 If a tender is not substantially responsive to the Tender Document, itshall be rejected by the Procuring Entity and shall not subsequentlybe made responsive by the Tenderer by correction of the materialdeviation, reservation, or omission.

52.4 There shall be no requirement as to the minimum number ofresponsive tenders.

52.5 There shall be no automatic exclusion of tenders which are above orbelow the official estimate.

52.6 The Procuring Entity shall now examine the tender to confirm that allterms and conditions specified in the GCC and the PCC have beenaccepted by the Tenderer without any material deviation orreservation.

52.7 The Procuring Entity shall evaluate the technical aspects of thetender submitted in accordance with ITT Clauses 30,31 and 32, toconfirm that all requirements specified in Section 7: GeneralSpecifications and Section 8: Particular Specifications of the TenderDocument have been met without any material deviation orreservation.

52.8 If, after the examination of the terms and conditions and the technicalaspects of the tender, the Procuring Entity determines that the tenderis not substantially responsive in accordance with ITT Sub-Clauses52.6 and 52.7 , it shall reject the tender.

52.9 Provided that a tender is substantially responsive, the ProcuringEntity may request that the Tenderer submit the necessaryinformation or documentation, within a reasonable period of time, torectify nonmaterial nonconformities or omissions in the tender related

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to documentation requirements. Such omission shall not be relatedto any aspect of the rates of the tender reflected in the Priced Bill ofQuantities. Failure of the Tenderer to comply with the request mayresult in the rejection of its tender.

52.10 The TEC may regard a Tender as responsive even if it contains;

(a) minor or insignificant deviations which do not meaningfullyalter or depart from the technical specifications,characteristics and commercial terms and, conditions orother mandatory requirements set out in the TenderDocument; or

(b) errors or oversights, that if corrected, would not alter the keyaspects of the Tender.

Clarification on Tender 53.1 The TEC may ask Tenderers for clarification of their Tenders,including breakdowns of unit rates or prices, in order to facilitate theexamination and evaluation of Tenders. The request for clarificationby the TEC and the response from the Tenderer shall be in writing,and Tender clarifications which may lead to a change in thesubstance of the Tender or in any of the key elements of the Tenderpursuant to ITT Sub Clause 52.2, will neither be sought nor bepermitted.

53.2 Changes in the Tender price shall also not be sought or permitted,except to confirm the correction of arithmetical errors discovered bythe TEC in the evaluation of the Tenders, as stated under ITT SubClause 55.1.

Restrictions on Disclosure ofInformation

54.1 After the opening of tenders, information relating to theexamination, clarification, and evaluation of tenders andrecommendations for award shall not be disclosed to tenderers orother persons not officially concerned with the evaluation processuntil the award of the contract is announced.

54.2 Any effort by a Tenderer to influence a Procuring Entity in itsdecision concerning the evaluation of Tenders, Contract awardsmay result in the rejection of its Tender as well as further action inaccordance with Section 64 (5) of the Public Procurement Act,2006.

Correction of ArithmeticalErrors

55.1 Provided that the Tender is substantially responsive, the TECshall correct arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and the lineitem total price that is obtained by multiplying the unit priceand quantity, the unit price will prevail and the line itemtotal price shall be corrected, unless in the opinion of theTEC there is an obvious misplacement of the decimalpoint in the unit price, in which case the total price asquoted will govern and the unit price will be corrected; and

(b) if there is an error in a total corresponding to the additionor subtraction of subtotals, the subtotals shall prevail andthe total shall be corrected; and

(c) if there is a discrepancy between words and figures, theunit price in words will prevail, unless the amount

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expressed in words is related to an arithmetic error, inwhich case the amount in figures shall prevail subject to(a) and (b) above.

55.2 If the Tenderer determined to be the lowest evaluated tendererdoes not accept the correction of errors, its tender shall bedisqualified and its tender security may be forfeited.

Financial Evaluation 56.1 The TEC will evaluate each Tender that has been determined, up tothis stage of the evaluation, to be substantially responsive to therequirements set out in the Tender Document.

56.2 To evaluate a Tender, the TEC will consider the following:

(a) the Tender price, excluding Provisional Sums and theprovision, if any, for contingencies in the priced Bill ofQuantities, but including Daywork items, where pricedcompetitively;

(b) adjustments for correction of arithmetical errors pursuantto ITT Sub Clause 55.1;

(c) adjustments in order to take into consideration theunconditional discounts or methodology for application ofthe discount offered pursuant to ITT Sub Clause 27.7;

(d) adjustments for any other acceptable variations ordeviations pursuant to ITT Sub Clause 52.10.

56.3 Variations, deviations, alternatives and other factors which are inexcess of the requirements of the Tender Document or otherwiseresult in unsolicited benefits for the Procuring Entity will not be takeninto account in Tender evaluation.

56.4 The estimated effect of any price adjustment provisions under GCCClause 71, applied over the period of execution of the Contract, willnot be taken into account in Tender evaluation.

56.5 If so indicated in the ITT Sub Clause 1.1 the Procuring Entity mayaward one or multiple lots to one Tenderer following themethodology specified in ITT Sub Clause 56.6.

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56.6 To determine the lowest-evaluated lot or combination of lots, theTEC will take into account:

(a) the experience and resources sufficient to meet theaggregate of the qualifying criteria for the individual lot;

(b) the lowest-evaluated Tender for each lot calculated inaccordance with all the requirements of Evaluation Criteria;

(c) the price reduction on account of discount per lot orcombination of lots and the methodology for application ofthe discount as offered by the Tenderer in its Tender; and

(d) the Contract-award sequence that provides the optimumeconomic combination on the basis of least overall cost ofthe total Contract package taking into account anylimitations due to constraints in Works or executioncapacity determined in accordance with the post-qualification criteria stated under ITT Clause 59.

56.7 If the tender, which results in the lowest Evaluation Tender Price, isSubstantially below the updated official estimate or seriouslyunbalanced as a result of front loading in the opinion of theProcuring Entity, the Procuring Entity may require the Tenderer toproduce details price analyses for any or all items of the Bill ofQuantities, to demonstrate the internal consistency of those priceswith the construction methods and schedule proposed. Afterevaluation of the price analyses, taking into consideration theschedule of estimated Contract payments, the Procuring Entity mayrequire that the amount of the performance security set forth in ITTClause 64 be increased at the expenses of the Tenderer to a levelsufficient to protect the Procuring Entity against financial loss in theevent of default of the successful Tenderer under the Contract.

Price Comparison 57.1 The TEC will compare all substantially responsive Tenders todetermine the lowest-evaluated Tender, in accordance with ITTClause 56.

57.2 In the extremely unlikely event that there is a tie for the lowestevaluated price, the Tenderer with the superior past performancewith the Procuring Entity shall be selected, whereby factors such asdelivery period, quality of Works delivered, complaints history andperformance indicators could be taken into consideration.

57.3 In the event that there is a tie for the lowest price and none of theTenderers has the record of past performance with the ProcuringEntity as stated under ITT Sub Clause 57.2, then the Tenderer shallbe selected, subject to firm confirmation through the Post-qualification process, after consideration as to whether the Tendererhas demonstrated in its Tender superior past performance with theother Procuring Entities or a more efficient work programme andwork methodology.

57.4 The successful Tenderer as stated under ITT Sub Clauses 57.1,57.2 and 57.3 shall not be selected through lottery under anycircumstances.

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Negotiations 58.1 No negotiations shall be held during the Tender evaluation oraward with the lowest or any other Tenderer.

58.2 The Procuring Entity through the TEC may, however, negotiatewith the lowest evaluated Tenderer with the objective to reducethe Contract price by reducing the scope of works or a reallocationof risks and responsibilities, only when it is found that the lowestevaluated Tender is significantly higher than the official estimate;the reasons for such higher price being duly analyzed.

58.3 If the Procuring Entity decides to negotiate for reducing the scopeof the requirements under ITT Sub Clause 58.2, it will be requiredto guarantee that the lowest Tenderer remains the lowestTenderer even after the scope of work has been revised and shallfurther be ensured that the objective of the Procurement will notbe seriously affected through this reduction.

58.4 In the event that the Procuring Entity decides because of a highTender price to reduce the scope of the requirements to meet theavailable budget, the Tenderer is not obliged to accept the awardand shall not be penalised in any way for rejecting the proposedaward.

Post-qualification 59.1 The Procuring Entity shall determine to its satisfaction whether theTenderer that is selected as having submitted the lowest evaluatedand substantially responsive tender is qualified to perform theContract satisfactorily.

59.2 The determination shall be based upon an examination of thedocumentary evidence of the Tenderer’s qualifications submitted bythe Tenderer, pursuant to ITT Clause 32, clarifications in accordancewith ITT Clause 53 and the qualification criteria indicated in ITTClauses 12 to 17. Factors not included therein shall not be used inthe evaluation of the Tenderer’s qualification.

59.3 An affirmative determination shall be a prerequisite for award of theContract to the Tenderer. A negative determination shall result inrejection of the tenderer’s tender, in which event the Procuring Entityshall proceed to the next lowest evaluated tender to make a similardetermination of that Tenderer’s capabilities to perform satisfactorily

59.4 The TEC may verify information contained in the Tender by visitingthe premises of the Tenderer as a part of the post qualificationprocess, if practical and appropriate.

Procuring Entity’s Right toAccept any or to Reject Anyor All Tenders

60.1 The Procuring Entity reserves the right to accept any tender, toannul the tender proceedings, or to reject any or all tenders at anytime prior to contract award, without thereby incurring any liability toTenderers, or any obligations to inform the Tenderers of the groundsfor the Procuring Entity’s action.

Informing Reasons forRejection

61.1 Notice of the rejection will be given promptly within seven (7) days ofdecision taken by the Procuring Entity to all Tenderers and, theProcuring Entity will, upon receipt of a written request, communicateto any Tenderer the reason(s) for its rejection but is not required to

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justify those reason(s).

G. Contract AwardAward Criteria 62.1 The Procuring Entity shall award the Contract to the Tenderer

whose offer is responsive to all the requirements of the TenderDocument and that has been determined to be the lowestevaluated Tender, provided further that the Tenderer isdetermined to be Post-qualified in accordance with ITT Clouse59.

62.2 A Tenderer will not be required, as a condition for award, toundertake responsibilities not stipulated in the Tender documents,to change its price, or otherwise to modify its Tender.

Notification of Award 63.1 Prior to the expiry of the Tender Validity period and within seven(7) working days of receipt of the approval of the award by theApproving Authority, the Procuring Entity shall issue theNotification of Award (NOA) to the successful Tenderer.

63.2 The Notification of Award, attaching the contract as per thesample (Form PW3-7) to be signed, shall state :

(a) the acceptance of the Tender by the Procuring Entity;(b) the price at which the contract is awarded;(c) the amount of the Performance Security and its format;(d) the date and time within which the Performance Security

shall be submitted; and(e) the date and time within which the Contract shall be signed.

63.3 Until a formal contract is signed, the Notification of Award willconstitute a Contract, which shall become binding upon thefurnishing of a Performance Security and the signing of theContract by both parties.

Performance Security 64.1 The Performance Security shall be provided by the successfulTenderer in the amount as specified in the TDS and denominatedin the currencies in which the Contract Price is payable.

64.2 The Procuring Entity may increase the amount of thePerformance Security above the amounts as stated under ITTSub Clause 64.1 but not exceeding twenty five (25) percent of theContract price, if it is found that the Tender is Substantially belowthe updated official estimated or unbalanced as a result of frontloading as stated under ITT Sub Clause 56.7.

64.3 The proceeds of the Performance Security shall be payable to theProcuring Entity unconditionally upon first written demand ascompensation for any loss resulting from the Contractor’s failureto complete its obligations under the Contract.

Form and Time Limit forFurnishing of Performance

65.1 The Performance Security, as stated under ITT Clause 64, maybe in the form of a Bank Draft, Pay Order or an irrevocable Bank

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Security Guarantee in the format (Form PW3-9), issued by any scheduledBank of Bangladesh acceptable to the Procuring Entity.

65.2 Within fourteen (14) days from the date of acceptance of theNotification of Award (NOA) but not later than the date specifiedtherein, the successful Tenderer shall furnish the PerformanceSecurity for the due performance of the Contract in the amount asstated under ITT Sub Clauses 64.1 or 64.2.

Validity of PerformanceSecurity

66.1 The Performance Security shall be required to be valid until a datetwenty eight (28) days beyond the Intended Completion Date asspecified in Tender Document.

Authenticity of PerformanceSecurity

67.1 The Procuring Entity may verify the authenticity of thePerformance Security submitted by the successful Tenderer bysending a written request to the branch of the bank issuing thePay Order, Bank Draft or irrevocable Bank Guarantee in specifiedformat.

Adjudicator 68.1 The Procuring Entity proposes the person named in the TDS to beappointed as Adjudicator under the Contract, at an hourly fee andfor those reimbursable expenses specified in the TDS.

Contract Signing 69.1 At the same time as the Procuring Entity issues the Notification ofAward (NOA), the Procuring Entity will send the draft ContractAgreement and all documents forming the Contract to thesuccessful Tenderer.

69.2 Within twenty-one (21) days of receipt of the Agreement, but not laterthan twenty–eight (28) days of issuance of the NOA, the successfulTenderer shall sign, date, and return it to the Procuring Entity.

69.3 Failure of the successful Tenderer to submit the PerformanceSecurity, pursuant to ITT Sub-Clause 64.1, or sign the Contract,pursuant to ITT Sub-Clause 69.2, shall constitute sufficientgrounds for the annulment of the award and forfeiture of theTender Security. In that event the Procuring Entity may award theContract to the next lowest evaluated Tenderer, whose offer issubstantially responsive and is determined by the Procuring Entityto be qualified to perform the Contract satisfactorily.

Publication of Notification ofAward of Contract

70.1 Notification of Awards for Contracts of Taka ten (10) million andabove shall be notified by the Procuring Entity to the CentralProcurement Technical Unit within seven (7) days of issuance ofthe NOA for publication in their website, and that notice shall bekept posted for not less than a month.

70.2 Notification of Award for Contracts below Taka ten (10) million,shall be published by the Procuring Entity on its Notice Board andwhere applicable on the website of the Procuring Entity and thatnotice shall be kept posted for not less than a month.

Debriefing of Tenderers 71.1 Debriefing of Tenderers by Procuring Entity shall outline therelative status and weakness only of his or her Tender requestingto be informed of the grounds for not accepting the Tendersubmitted by him or her, without disclosing information about any

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other Tenderer.

71.2 In the case of debriefing, confidentiality of the evaluation processshall be maintained.

Right to Complain 72.1 Any Tenderer has the right to complain in accordance withSection 29 of the Public Procurement Act 2006 and Part 12 ofChapter Three of the Public Procurement Rules, 2008.

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Section 2. Tender Data SheetInstructions for completing Tender Data Sheet are provided in italics in parenthesis for the relevant ITTclauses

ITTClause

Amendments of, and Supplements to, Clauses in the Instructions toTenderers

A. GeneralITT 1.1 The Procuring Entity is Bangladesh Power Development Board (BPDB)

represented by The Director, Directorate of Purchase, Bangladesh PowerDevelopment Board, WAPDA Bhaban (9th Floor), Motijheel C/A, Dhaka -1000,Bangladesh."The Consignee" means Director, Directorate of Renewable Energy,Research and Development, BPDB, Dhaka.The Name of the Tender is: Design, Supply, Installation, Testing andCommissioning of 2 MW Capacity Wind Power Plant on turnkey basis atthe bank of the River Jamuna adjacent to the existing Sirajganj 150 MWPower Plant , Sirajganj, Bangladesh Including 6(six) Years (1.5 yearswarranty for installation works and next 4.5 years O&M) Operation &Maintenance (O&M) of Plant with associated Evacuation Line.

ITT 3.1 The source of public funds is Revenue Budget (Cash Foreign Exchange)

ITT 3.3 The name of the Development Partner is – None

ITT 5.1 Tenderers from the following countries are not eligible: Israel and countries having nodiplomatic relation with the Government of the People’s Republic of Bangladesh

ITT 6.1 Materials, Equipments and associated services from the following countries are noteligible: Israel and countries having no diplomatic relation with the Government of thePeople’s Republic of Bangladesh

ITT 7.1 The bidder will arrange suitable and adequate khas land at the bank of the RiverJamuna adjacent to the existing Sirajganj 150 MW Power Plant,Sirajganj, Bangladesh toimplement the project. BPDB will assist to arrange the khas land. The land should haveclear title and free from any encumbrances, encrochments or litigation. The bidder willsubmit the approval of Land to implement the project from the concerned authority.

B. Tender DocumentITT 8.2 The following are authorised agents of the Procuring Entity for the purpose of

issuing the Tender Document:Director, Directorate of PurchaseBangladesh Power Development BoardWAPDA Bhaban (9th Floor)Motijheel C/A, Dhaka -1000, BangladeshTelephone: 9550532; Fax: 8802-7126151

ITT 9.1 For clarification of Tender Document purposes only, the Procuring Entity’saddress is:Director, Directorate of PurchaseBangladesh Power Development BoardWAPDA Bhaban (9th Floor)Motijheel C/A, Dhaka -1000, Bangladesh

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Telephone: 9550532; Fax: 8802-7126151

ITT 10.1 A Pre-Tender meeting shall not be held

C. Qualification CriteriaITT

14.1(a)The minimum number of years of general experience of the Tenderer in theconstruction works as Prime Contractor or Subcontractor or Management Contractorshall be Five (05) years

ITT14.1(b)

Tenders will only be considered from individual firm or joint venture, consortium orassociation (JVCA) who are actually engaged and experienced in the lines of workdescribed herein.

The Tenderer and/or member(s) of JVCA shall have the experience in supplying ofsimilar Design, Supply, Installation,Testing, Commissioning of 1000KW+10%capacity or Higher capacities Wind turbine Power Plant during last ten (10) years.

In this case, the tenderer shall have to submit with his tender at least 2 (two)certificates from the End users of the 1000KW +10% or Higher capacities WindPower Plants within last ten (10) years by the Tenderer and/or member(s) ofJVCA . Such plants should have minimum 1 (one) year reliable operationalexperience.

The Tenderer and/or member(s) of JVCA should be presently in the business ofoperation & maintenance (O&M) of wind farms and should have the experienceof successful operation and maintenance of at least one wind farm of 1 MWcapacity or above, for a period at least of one year as on the date of submissionof bid and during last 5 years period .

For non-compliance of above requirements, the Tender shall be considerednon-responsive

ITT15.1(a)

The required total construction turnover shall be greater than equivalent USD Five(05) million over the last five (05) years; years counting backward from the date ofpublication of IFT in the newspaper.

ITT15.1(b)

The minimum amount of liquid assets or working capital or credit facilities of theTenderer shall be equivalent USD Two (02) Million.

ITT16.1(a)

A Construction Project Manager, Engineer, and other key staff shall have thefollowing qualifications and experience:Qualified Project Manager & Engineers having experience of similar/related work asmentioned in Section-7, General Specification.

ITT 17.1 The Tenderer shall own or have proven access to hire or lease of the majorconstruction equipments, in full working order as follows :As required to perform the work as mentioned in Section-7, General Specification.

ITT 18.1 The value of non-judicial stamp for execution of the Joint Venture agreement shallbe Tk 300 (Three Hundred).

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ITT 18.2 The minimum qualification requirements of Leading Partner and other Partner(s)of a JVCA shall be as follows :

TDS ClausesReferences

Requirementsby summation

Requirements forLeading Partner

Requirements for otherPartner(s)

ITT-14.1(a) Summationnot applicable As stated in TDS As stated in TDS

ITT-14.1(b) 100% As stated in TDS As stated in TDS

ITT-15.1(a) 100% 40% 25%

ITT-15.1(b) 100% 40% 25%

ITT-16.1(a) 100% Not applicable Not applicable

ITT-17.1 100% Not applicable `Not applicable

ITT 19.3 The Nominated Subcontractor(s) named [None] shall execute the following specificcomponents of the proposed Works: None

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D. Tender PreparationITT 24.1

(l)The Tenderer shall submit with its Tender the following additional documents:

1. Authorization Letter:If Tenderer does not manufacture or produce the Goods it offers to supply shallsubmit the Manufacturer’s Authorization Letter (Form PW3-5a) from OEM furnishedin Section 5: Tender and Contract Forms, to demonstrate that it has been dulyauthorized by the manufacturer or producer of the Goods to supply the Goods toBangladesh. Authorization Letter from Dealer will not be accepted. AuthorizationLetter from Trading house will not be accepted if not supported by Manufacturer’sAuthorization Letter. Authorization Letter from Manufacturer’s Sales office located inother country (not in the country of origin) may be allowed if supported byManufacturer’s letter in this regard. Scanning Paper, E-mail copy, Faxed copy willnot be allowed.

I. Wind turbine;

II. Inverter;

III. Controller;

IV. Transformer;

2. End User Certificates on tenderer's experience:

The Tenderer and/or member(s) of JVCA shall have the experience at least 2(two) End Users Certificates or Final Acceptance Certificates or CommissioningCertificate from the end users within last 10 years of the Wind Power Plants havingminimum 1000KW +10% capacity which were designed, supplied, constructed,tested & commissioned by the Tenderer and/or member(s) of JVCA to establishthe Tenderer's and/or member(s) of JVCA's minimum required experience toTender. Such plants should have minimum 1 (one) year reliable operationalexperience. The certificates shall mention the name of power plant, number,capacity and commissioning date of the power plant (make, model) supplied by theTenderer; issue date, name and address (Telephone/Fax/e-mail) of the end userduly signed in the official pad. Without such certificates or where the certificates areun-satisfactory to BPDB, the Tender shall be considered technically non-responsive. These certificates must be notarized or have authentication from theChamber of Commerce of the Tenderer's country or the Embassy/High Commissionof the end user's country situated in Dhaka. The full address of notary or chamberof commerce must be mentioned.

3. End user certificates on Operation & Maintenance service:The Tenderer and/or member(s) of JVCA should be presently in the business ofoperation & maintenance (O&M) of wind farms and should have the experience ofsuccessful operation and maintenance of at least two (2) wind farms of 1 MWcapacity or above (each), for a period at least of one year as on the date ofsubmission of bid and during last 5 years period. End user certificates on this regardhave to be submitted. These certificates must be notarized or have authenticationfrom the Chamber of Commerce of the Tenderer's country or the Embassy/HighCommission of the end user's country situated in Dhaka. The full address of notaryor chamber of commerce must be mentioned.4. Manufacturers’ ISO-9001 Certificates or similar internationally recognizedCertificates of the major products of Wind turbne Power Plant, not limited to, Windturbine, Inverter, Controller, Transformer, etc.5. Process Flow Diagram of the Wind turbine Power plant

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6. Data sheets of major items of the facilities viz, Wind turbine, Inverter, Controller,Transformer.7. List of codes and standards followed.8.English version of original printed Catalogues, operation and maintenancemanuals of Wind turbine power plant and/or equipments9. Certificate from the manufacturer confirming that offered system/Equipments/items/spares are new, unused, in good condition and will work properlyin the newly installed Wind turbine power plant.10. Guarantee /warranty certificate from the tenderer of the offeredSystem/Equipments/items/spares including turnkey work and its satisfactoryperformance during warranty period [18 (Eighteen) months from the date of issuingProvisional Acceptance Certificate]11. Tenderer shall have to submit Guaranteed Technical Particulars (GTP) (inSection-8) properely filled up by relevant manufacturers.12. Tenderer shall have to submit a confirmation certificate regarding 6 yearsOperation & Maintenance (1.5 years Warranty and 4.5 years O & M service) ofPlant with associated Evacuation Line from the date of issuing ProvisionalAcceptance Certificate.13.Tenderer shall have to submit Certificate confirming compliance to the terms andconditions of the Tender Document14. If Tenderer has any reservations, he has to mention it in deviation list (formPW3-12)15. Supply records of offered items/spares/materials for last 5 years frommanufacturer16. Sealed & signed Tender document

ITT 26.1 Alternatives will not be permitted.

ITT 26.2 There shall not be alternative times for completion of the Works.

ITT 26.4 Alternative technical solutions for any parts of works will not be permitted.

ITT 27.9 The prices quoted by the Tenderer shall be fixed for the duration of the Contract.

ITT 28.1 The currency of the Tender shall be: US Dollar/ Freely convertible internationalcurrency and Bangladesh Taka.Tenderers shall quote a Firm Turnkey Contract Price for the work as described inSection 7 of this Tender document. If the Tenderer deemed necessary anyadditional equipments/materials/ spares/ works out of the list of tender schedule,may quote as recommended equipments/materials/ spares/ works. In that case,price of those additional spares/ works will be loaded during evaluation. The totalprice shall be considered as the firm base price. Prices quoted shall be firm for aperiod Tender validity. Prices of all items shall be entered in the Prices Scheduleunder Section 6.During the course of work, the Contractor finds any additional supply/worksrequire to be carried out, that additional work shall also be done by theContractor including supply of necessary spares/materials/ consumables tocomplete the said additional work within the Contract price. No additionalpayment shall be allowed in this respect.

ITT 31.1 The required Proposal shall include the following additional information:

a) Detailed list of system/Equipments/items/spares & consumables withspecification to be supplied under this tender.

b) The tenderer shall submit the test reports (if applicable) of the

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equipments/materials from the manufacturer along with their technical offer.

c) Name of Manufacturer & Country of origin of offered system/Equipments/items/spares & consumables to be supplied under this tender.

d) In case of a Joint venture, consortium or association (JVCA), documentaryevidence such as agreement/memorandum between JVCA is to be submitted withthe tender. The following minimum information's/ requirements should be includedwithin this agreement /memorandum:

i. All partners shall be jointly and severally liable for the execution of the contractin accordance with the Contract terms;

ii. One of the members will be nominated as being in charge, authorized to incurliabilities, and receive instructions for and on behalf of any and all partners of thejoint venture; and

iii. The execution of the entire Contract, including payment, shall be doneexclusively with the partner in charge.

e) Common approach or methodology for carrying out the work including detailedrelevant information and work program.

f) Schedule of work in bar chart form as well as in critical path method.

g) List of special tools, equipment and instruments which they intend to bring toBangladesh on re-exportable basis for completion of the work.

h) Complete CV with detail experience of the key personnel, who will perform thework.

i) Maximum no. of days required to complete the Design, Supply, Installation,Testing and Commissioning of 2 MW Capacity Wind Power Plant on turnkeybasis at the bank of the River Jamuna adjacent to the existing Sirajganj 150 MWPower Plant , Sirajganj, Bangladesh Including 6(six) Years (1.5 years warrantyfor installation works and next 4.5 years O&M) Operation & Maintenance(O&M) of Plant with associated Evacuation Line from the Contract Effective Date.

j) Trade Licence, Indenting Registration Certificate, TIN Certificate, VAT Certificate,& Membership certificate of any Chamber of Commerce.

k) List of special equipment and tools, which will be handed over to BPDB aftercompletion of work (If any).

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ITT 33.1 The Tender Validity period shall be 120 days.

ITT 35.1 The amount of the Tender Security shall be BDT 75,00,000.00 (BangladeshiTaka Seven point five Million Only) or USD 94,000.00 (US Dollar Ninetyfour Thousand Only) in the form of an irrevocable and unconditional BankGuarantee on 300 Taka Non-judicial stamp issued by a scheduled bank ofBangladesh or by a foreign bank duly confirmed by a scheduled bank inBangladesh on 300 Taka Non-judicial stamp (“confirmed” means BankGuarantee shall be payable/encashable from the confirming bank inBangladesh) in favour of Director, Directorate of Purchase, Bangladesh PowerDevelopment Board. Dhaka.

ITT 40.1

The original and Three copies of the Technical Proposal and the original &Three copies of Financial Proposal shall be submitted within the date and timeas mentioned in the tender notice.

E. Tender SubmissionITT 41.1 This Tender is invited in Open Tendering Method (Single Stage Single Envelope)

Tenderers shall have to submit the Complete Proposal containing in one boxin accordance with the requirements of the Tender document includingaddenda (if any)All documents/ information, Priced Bill of Quantities and filled up Tender submissionletter with price as per tender requirement shall be included in the Proposal.

ITT41.2(e)

The inner and outer envelopes shall bear the following additional identification marks:

1. Tender Enquiry No. & Date

2. Brief Description of work

3. Name & Address of the Employer

4. Name & Address of the Tenderer.

ITT 42.1 For Tender submission purposes only, the Procuring Entity’s address is:

Attention: Director, Purchase

Address:

Directorate of Purchase, Bangladesh Power Development Board

WAPDA Building,(9th Floor), 12, Motijheel C/A, Dhaka-1000.

The deadline for the submission of Tenders is: As specified in the Tender Notice

ITT 42.3 For Tender submission purposes only, the Procuring Entity’s address is:Address (PRIMARY PLACE ):

Directorate of Purchase, Bangladesh Power Development Board

WAPDA Building,(9th Floor), 12, Motijheel C/A, Dhaka-1000.

Address (SECONDARY PLACES):Submission of Tenders will not be allowed in more than one place.

F. Tender Opening and Evaluation

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ITT 48.1 The Tender opening shall take place at (always the PRIMARY PLACE):Address:

Directorate of Purchase, Bangladesh Power Development Board

WAPDA Building,(9th Floor), 12, Motijheel C/A, Dhaka-1000.Time & Date: As specified in the Tender Notice

ITT 49.1& 56.1

Evaluation of the Tenders shall be carried out based on the following:

1.0 Exchange Rate

For Comparison of Tenders, BPDB shall convert all currencies exceptingBangladesh Currency quoted by the Tenderers into Bangladesh Taka. Suchconversions shall be made on the basis of the Sonali Bank rate on the date ofTender opening and applicable to similar transactions.

2.0 Method of Tender Evaluation

Technical Evaluation

a) The following technical factors shall apply:

Adequacy of Technical Proposal:

Evaluation of the Tenderer's Technical Proposal will include an assessmentof the Tenderer's/its Subcontractor's technical capacity of Design, Supply,Installation, Testing and Commissioning of 2 MW Capacity Wind PowerPlant on turnkey basis at the bank of the River Jamuna adjacent to theexisting Sirajganj 150 MW Power Plant , Sirajganj, Bangladesh Including6(six) Years (1.5 years warranty for installation works and next 4.5 yearsO&M) Operation & Maintenance (O&M) of Plant with associated EvacuationLine as stipulated in Qualification Criteria.

Financial Evaluation

The Tenderer shall fill in the Price Schedule and shall quote a firm turnkeycontract price for the Power Plant as described in the TechnicalRequirements including operation and maintenance during Warranty period.No additional cost will be considered for any items/works of the Tenderdocuments which the Tenderer/Contractor has overlooked but essential forthe full completion of the project in every respect. Prices quoted shall be firmfor a period of 120 Calendar days from the closing date for receipt ofProposals and be valid for the entire period of the Contract execution. Thetotal prices shall be quoted both in figures and words.

No escalation or addition of price whatsoever in the firm proposal pricetill the successful completion of the Power Plant is allowed.

Price Proposals determined to be substantially responsive will be checked byTEC/Board for any arithmetic errors. Arithmetic errors will be rectified on thefollowing basis. If there is a discrepancy between the unit rate and the totalcost that is obtained by multiplying the unit rate and quantity, the unit rateshall prevail and the total cost will be corrected. If there is a discrepancy

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between the total Tender amount and the sum of total costs, the sum of thetotal costs shall prevail and the total Tender amount will be corrected. If thereis a discrepancy between word and figure, the amount quoted in word willprevail. If the Tenderer does not accept correction of arithmetic errors,his tender shall be rejected.

The Tenderer shall quote a price against each item in the Price Schedule.Unit prices furnished by the Tenderers in the Price Schedule will be used indetermining the value of Variation Orders, if any.

The prices quoted shall be deemed to include all direct, indirect and ancillarycharges and costs, including for example, Export Credit Insurance Premiums.The Board will be under no obligation to the Contractor for and will not beliable to pay to the Contractor any additional sums other than as expresslyprovided for under the Contract.

The prices submitted by the Tenderer in the Price Schedule shall include allthe works to be performed under the Contract and without limitation shallinclude the cost of accommodation, transportation of all his constructionequipment, men, materials and supplies to, from and at the Site.

TENDERER'S QUOTED PRICE MUST INCLUDE ALL THE ITEMS ANDQUANTITIES AS STIPULATED IN TENDER DOCUMENT INCLUDINGOPERATION & MAINTENANCE DURING WARRANTEE PERIOD.

Proposal of pricing to be made by the Tenderers shall be made inforeign currency with respect to the equipment, machinery, materialsand services to be acquired from all eligible countries other thanBangladesh and in Bangladesh Taka with respect to the equipment andservices to be acquired/ hired from sources in Bangladesh.

The Tenderers shall furnish the break-up of the price and follow paymentterms in the following manner for effecting progress payments.

Functional Guarantees of the facilities:The economic evaluation will be conducted based on the Plant’sperformance guarantees and other parameters. In this regard please seerequired parameters given below.

The minimum (or maximum) requirements stated in the Specification forfunctional guarantees required in the Specification are:

Functional Guarantee Minimum (or Maximum, as appropriate)requirement

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1. Net Power output of theWind Power Plant at rated

wind speeds, 2 MW **(Net Power output at ratedwind speeds shall mean theWind Power Plant poweroutput measured at the Highvoltage side of Step-upTransformers.)

As per Tenderer's Proposal.

** Proposal which offers less than 2 MW capacity (net output atrated wind speeds) Power Plant as specified in TechnicalSpecification will not be accepted and excess net Output morethan 2 MW at rated wind speeds shall not be taken intoconsideration for the purpose of evaluation.

The financial evaluation will take into account the initial costs of the Tenders,which shall be determined by bringing the scope of work of all the Tenders to acommon basis for complete fulfillment of the work. BPDB reserves the right tojudge the reasonableness of the cost components quoted by the Tenderers. Forthe purpose of financial evaluation all costs shall be based on current prices asof the date of the tender closing.

The Tender quoting completion period more than 365 days shall not beaccepted. Thus, the total evaluation cost of the Tender shall be determinedconsidering its initial cost and monetization value. The Tender of which totalevaluated cost is the lowest shall be adjudged the lowest Tender.

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G. Contract AwardITT 64.1 Performance Security:

A Performance Security in the form of an irrevocable & unconditional BankGuarantee issued by a Scheduled Bank in Bangladesh on behalf of theContractor's banker shall be submitted prior to the signing of Contract which willaccompanied with the Contract. The Performance Security shall be in a penalsum not less than ten percent (10%) of the accepted Tender, conditioned for thecomplete and faithful performance of the Contract according to its tenor andeffect and the satisfaction of obligations for the materials used and labouremployed in the same, and shall insure the payment of any obligations,damages, liquidated damages or expenses for which the Contractor maybecome liable to the Borad. The Contractor's Performance Security under thesespecifications shall remain in full force and effect until the Contractor has fullyperformed the Contract including the maintenance and warranty periods setforth in the scope of works of the Technical Requirements. Unless a differentperiod of time is allowed in the Notice of Tender, the Contract shall be signed bythe successful tenderer within Fifteen (15) days after receipt of notice of award.The specimen of Performance Security is furnished at Form PW3-9.

At the time of executing the Contract, the Tender Security shall be returnedwithout interest to the Contractor after he has furnished to the satisfaction of theBoard the Performance Security in accordance with the terms and conditionsstipulated herein the contract conditions. The Performance Security shall remainvalid until completion of Warranty Period and will be released upon submissionof new performance security equal to 10% of the O&M price including supply ofspares of last 4.5 (four and half) years, which will be valid up to completion of O& M (including supply of spares) period.

The proceeds of the Performance Security shall be payable to the Employerunconditionally upon first written demand as compensation for any loss resultingfrom the Contractor’s failure to complete its obligations under the Contract.

The Employer shall notify the Contractor of any claim made against the Bankissuing the Performance Security.

The Employer may claim against the security if any of the following eventsoccurs for fourteen (14) days or more.(a)The Contractor is in breach of the Contract and the Employer has notified himthat he is; and(b) The Contractor has not paid an amount due to the Employer.In the event the Contractor is liable to pay compensation under the Contractamounting to the full value of the Performance Security or more, the Employermay forfeit the full amount of the Performance Security.

ITT 66.1 If there is no reason to call the Performance Security, the Performance Securityshall be discharged by the Employer and returned to the Contractor not later thantwenty-eight (28) days following the date of completion of Warranty Period and uponsubmission of new performance security equal to 10% of the O & M price includingsupply of spares of last 4.5 (Four and half) years which will be valid up to

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completion of O & M period (including supply of spares).

ITT 68.1 The Adjudicator proposed by the Procuring Entity is [Will be selected as and whennecessary. Adjudicator Appointing Authority: President of the Institution ofEngineers, Bangladesh.]. The hourly fee shall be Tk [Will be informed later] and thereimbursable expenses shall be limited to [will be informed later].

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Section 3. General Conditions of ContractA. General

1. Definitions 1.1 In the Conditions of Contract, which include ParticularConditions and these General Conditions, the following wordsand expressions shall have the meaning hereby assigned tothem. Boldface type is used to identify the defined terms:

(a) Act means The Public Procurement Act, 2006 (Act 24of 2006).

(b) Adjudicator is the expert appointed jointly by theProcuring Entity and the Contractor to resolve disputesin the first instance, as provided for in GCC Sub Clause94.2.

(c) Bill of Quantities (BOQ) means the priced andcompleted Bill of Quantities forming part of the Contractdefined in GCC Clause 60.

(d) Compensation Events are those defined in GCCClause 69.

(e) Competent Authority means the authority that givesdecision on specific issues as per delegation ofadministrative and/or financial powers.

(f) Completion Certificate means the Certificate issued bythe Project Manager as evidence that the Contractorhas executed the Works and Physical services in allrespects as per design, drawing, specifications andConditions of Contract.

(g) Completion Date is the actual date of completion of theWorks and Physical services certified by the ProjectManager, in accordance with GCC Clause 80.

(h) Contract Agreement means the Agreement enteredinto between the Procuring Entity and the Contractor,together with the Contract Documents referred totherein, including all attachments, appendices, and alldocuments incorporated by reference therein toexecute, complete, and maintain the Works.

(i) Contract Documents means the documents listed inGCC Clause 6, including any amendments thereto.

(j) Contractor means the Person under contract with theProcuring Entity for the execution of Works under theRules and the Act as stated in the PCC.

(k) Contract Price means the price payable to theContractor as specified in the Contract Agreement,subject to such additions and adjustments thereto ordeductions therefrom, for the execution, completion andmaintenance of the Works in accordance with the

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provisions of the Contract.

(l) Contractor’s Tender is the completed TenderDocument including the priced Bill of Quantities and theSchedules submitted by the Contractor to the ProcuringEntity.

(m) Cost means all expenditures reasonably incurred or tobe incurred by the Contractor, whether on or off theSite, including overhead ,profit, taxes, duties, fees, andsuch other similar levies

(n) Day means calendar day unless otherwise specified asworking days.

(o) Dayworks means work carried out following theinstructions of the Procuring Entity or the authorisedProject Manager and is paid for on the basis of timespent by the Contractor’s workers and equipment at therates specified in the Schedules, in addition topayments for associated Materials and Plant.

(p) Defect is any part of the Works not completed inaccordance with the Contract.

(q) Defects Correction Certificate is the certificate issuedby the Project Manager upon correction of defects bythe Contractor.

(r) Drawings include calculations and other informationprovided in Section 9 or as approved by the ProjectManager for the execution and completion of theContract.

(s) Goods mean the Contractor’s Equipment, Materials,Plant and Temporary Works, or any of them asappropriate.

(t) Equipment is the Contractor’s apparatus, machinery,vehicles and other things required for the execution andcompletion of the Works and remedying any defectsexcluding Temporary Works and the Procuring Entity’sEquipment (if any ), Plant, Materials and any otherthings to form or forming part of the Permanent Works.

(u) Force Majeure means an event or situation beyond thecontrol of the Contractor that is not foreseeable, isunavoidable, and its origins not due to negligence orlack of care on the part of the Contractor; such eventsmay include, but not be limited to, acts of theGovernment in its sovereign capacity, wars orrevolutions, fires, floods, epidemics, quarantinerestrictions, and freight embargoes or more as includedin GCC Clause 85.;

(v) GCC means the General Conditions of Contract.

(w) Government means the Government of the People’sRepublic of Bangladesh.

(x) "Head of the Procuring Entity" means the Secretary

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of a Ministry or a Division, the Head of a GovernmentDepartment or Directorate; or the Chief Executive, bywhatever designation called, of a local Governmentagency, an autonomous or semi-autonomous body or acorporation, or a corporate body established under theCompanies Act;

(y) Intended Completion Date is the date calculated fromthe Commencement Date as specified in the PCC, onwhich it is intended that the Contractor shall completethe Works and Physical services as specified in theContract and may be revised only by the ProjectManager by issuing an extension of time or anacceleration order.

(z) Materials means things of all kinds other than Plantintended to form or forming part of the PermanentWorks, including the supply-only materials, if any, to besupplied by the Contractor under the Contract.

(aa) Month means calendar month.

(bb) Original Contract Price is the Contract Price stated inthe Procuring Entity’s Notification of Award (Form PW3-7) and further clearly determined in the PCC.

(cc) Permanent works means the permanent works to beexecuted by the Contractor under the Contract.

(dd) PCC means the Particular Conditions of Contract.

(ee) Plant means the apparatus, machinery and otherequipment intended to form or forming part of thePermanent Works, including vehicles purchased for theProcuring Entity and relating to the construction of theWorks and Physical services.

(ff) Procuring Entity means a Procuring Entity havingadministrative and financial powers to undertakeprocurement of Works and Physical services usingpublic funds and is as named in the PCC who employsthe Contractor to carry out the Works.

(gg) Project Manager is the person named in the PCC orany other competent person appointed by the ProcuringEntity and notified to the Contractor who is responsiblefor supervising the execution and completion of theWorks and Physical services and administering theContract.

(hh) Provisional Sums means amounts of money specifiedby the Procuring Entity in the Bill of Quantities whichshall be used, at its discretion, for payments toNominated Subcontractor(s) and for meeting otheressential expenditures under the Contract pursuant toGCC Sub Clause 77.

(ii) Retention Money means the accumulated retentionmoneys which the Procuring Entity retains under GCC

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Clause 72.

(jj) Schedules means the document(s) entitled schedules,completed by the Contractor and submitted with theTender Submission Letter, as included in the Contract.Such document may include the data, lists andschedules of rates and/or prices.

(kk) Site means the places where the Permanent Works areto be executed including storage and working areas andto which Plant and Materials are to be delivered, andany other places as may be specified in the PCC asforming part of the Site.

(ll) Site Investigation Reports are those that wereincluded in the Tender Document and are factual andinterpretative reports about the surface and subsurfaceconditions at the Site.

(mm) Specification means the Specification of the Worksincluded in the Contract and any modifications oradditions to the specifications made or approved by theProject Manager in accordance with the Contract.

(nn) Start Date is the date defined in the PCC and it is thelast date when the Contractor shall commenceexecution of the Works under the Contract.

(oo) Subcontractor means a person or corporate body, whohas a contract with the Contractor to carry out a part ofthe work in the Contract, which includes work on theSite.

(pp) Temporary Works means all temporary works of everykind other than Contractor’s Equipment required on theSite for the execution and completion of the PermanentWorks and remedying of any defects.

(qq) Variation means any change to the Works directlyprocured from the original Contractor to cover increasesor decreases in quantities, including the introduction ofnew work items that are either due to change of plans,design or alignment to suit actual field conditions, withinthe general scope and physical boundaries of thecontract.

(rr) Works means all works associated with theconstruction, reconstruction, site preparation,demolition, repair, maintenance or renovation ofrailways, roads, highways, or a building, aninfrastructure or structure or an installation or anyconstruction work relating to excavation, installation ofequipment and materials, decoration, as well asphysical services ancillary to works as detailed in thePCC, if the value of those services does not exceed thatof the Works themselves.

(ss) Writing means communication written by hand ormachine duly signed and includes properly

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authenticated messages by facsimile or electronic mail.

2. Interpretation

2.1 In interpreting the GCC, singular also means plural, male alsomeans female or neuter, and the other way around. Headingsin the GCC shall not be deemed part thereof or be taken intoconsideration in the interpretation or construance of theContract. Words have their normal meaning under thelanguage of the Contract unless specifically defined.

2.2 Entire Agreement

The Contract constitutes the entire agreement between theProcuring Entity and the Contractor and supersedes allcommunications, negotiations and agreements (whetherwritten or verbal) of parties with respect thereto made prior tothe date of Contract Agreement; except those stated underGCC Sub Clause 6.1(j).

2.3 Non waiver

(a) Subject to GCC Sub Clause 2.3(b), no relaxation,forbearance, delay, or indulgence by either party inenforcing any of the terms and conditions of theContract or the granting of time by either party to theother shall prejudice, affect, or restrict the rights of thatparty under the Contract, neither shall any waiver byeither party of any breach of Contract operate as waiverof any subsequent or continuing breach of Contract.

(b) Any waiver of a party’s rights, powers, or remediesunder the Contract must be in writing, dated, andsigned by an authorized representative of the partygranting such waiver, and must specify the right and theextent to which it is being waived.

2.4 Severability

If any provision or condition of the Contract is prohibited orrendered invalid or unenforceable, such prohibition, invalidity orunenforceability shall not affect the validity or enforceability ofany other provisions and conditions of the Contract.

2.5 Sectional completion

If sectional completion is specified in the PCC, references inthe GCC to the Works, the Completion Date, and the IntendedCompletion Date apply to any section of the Works (other thanreferences to the Completion Date and Intended CompletionDate for the whole of the Works).

3. Communications andNotices

3.1 Communications between Parties such as notice, request orconsent required or permitted to be given or made by one partyto the other pursuant to the Contract shall be in writing to theaddresses specified in the PCC.

3.2 A notice shall be effective when delivered or on the notice’s

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effective date, whichever is later.

3.3 A Party may change its address for notice hereunder by givingthe other Party notice of such change to the address.

4. GoverningLaw

4.1 The Contract shall be governed by and interpreted inaccordance with the laws of the People’s Republic ofBangladesh.

5. GoverningLanguage

5.1 The Contract shall be written in English. All correspondencesand documents relating to the Contract may be written inEnglish or Bangla. Supporting documents and printed literaturethat are part of the Contract may be in another language,provided they are accompanied by an accurate translation ofthe relevant passages in English, in which case, for purposesof interpretation of the Contract, such translation shall govern.

5.2 The Contractor shall bear all costs of translation to thegoverning language and all risks of the accuracy of suchtranslation.

6. DocumentsForming theContract andPriority ofDocuments

6.1 The following documents forming the Contract shall beinterpreted in the following order of priority:

(a) the signed Contract Agreement (Form PW3-8);

(b) the Notification of Award (PW3-7);

(c) the completed Tender and the appendix to the Tender;

(d) the Particular Conditions of Contract;

(e) the General Conditions of Contract;

(f) the Technical Specifications;

(g) the General Specifications;

(h) the Drawings;

(i) the priced Bill of Quantities and the Schedules; and

(j) any other document listed in the PCC forming part of theContract.

7. Scope ofWorks

7.1 The Works to be executed, completed and maintained shallbe as specified in the Bill of Quantities, the General andParticular Specifications and Drawings.

7.2 Unless otherwise stipulated in the Contract, the Works shallinclude all such items not specifically mentioned in theContract but that can be reasonably inferred from theContract as being required for completion of the Works as ifsuch items were expressly mentioned in the Contract.

8. Assignment 8.1 Neither the Contractor nor the Procuring Entity shall assign, inwhole or in part, its obligations under the Contract

9. Eligibility 9.1 The Contractor and its Subcontractor(s) shall have thenationality of a country other than that specified in the PCC.

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9.2 All materials, equipment, plant, and supplies used by theContractor in both permanent and temporary works andservices supplied under the Contract shall have their origin inthe countries except any specified in the PCC.

10. Gratuities /Agency fees

10.1 No fees, gratuities, rebates, gifts, commissions or otherpayments, other than those shown in the tender or in theContract, have been given or received in connection with theprocurement process or in the Contract execution.

11. ConfidentialDetails

11.1 The Contractor’s and the Procuring Entity’s personnel shalldisclose all such confidential and other information as may bereasonably required in order to verify the Contractor’scompliance with the Contract and allow its properimplementation.

11.2 Each of them shall treat the details of the Contract as privateand confidential, except to the extent necessary to carry outtheir respective obligations under the Contract or to complywith applicable Laws. Each of them shall not publish ordisclose any particulars of the Works prepared by the otherParty without the previous agreement of the other Party.However, the Contractor shall be permitted to disclose anypublicly available information, or information otherwise requiredto establish his qualifications to compete for other projects.

12. JVCA 12.1 If the Contractor is a JVCA ,

(a) each partner of the JVCA shall be jointly and severallyliable for all liabilities and ethical or legal obligations tothe Procuring Entity for the fulfilment of the promises ofthe Contract;

(b) the JVCA partners shall nominate a representative whoshall have the authority to conduct all businessincluding the receipt of payments for and on behalf ofall partners of the JVCA;

(c) the JVCA shall notify the Procuring Entity of itscomposition and legal status which shall not be alteredwithout the prior approval of the Procuring Entity.

(d) (d) alteration of partners shall only be allowed if any ofthe partners is found to be incompetent or has anyserious difficulties which may impact the overallimplementation of the works.

13. Possessionof the Site

13.1 The Procuring Entity shall give possession of the Site or part(s)of the Site, to the Contractor on the date(s) stated in the PCC.If possession of a part of the Site is not given by the datestated in the PCC, the Procuring Entity will be deemed to havedelayed the start of the relevant activities, and this will be aCompensation Event as stated under GCC Sub Clause69.1(a).

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14. Access tothe Site

14.1 The Contractor shall allow the Project Manager and any personauthorised by the Project Manager access to the Site and toany place where work in connection with the Contract is beingcarried out or is intended to be carried out.

15. ProcuringEntity’sResponsibilities

15.1 The Procuring Entity shall pay the Contractor, in considerationof the satisfactory progress of execution and completion of theWorks and Physical services, and the remedying of defectstherein, the Contract price or such other sum as may becomepayable under the provisions of the Contract at the times andin the manner prescribed by the Contract Agreement.

15.2 The Procuring Entity shall make its best effort to guide andassist the Contractor in obtaining, if required, any permit,licence, and approvals from local public authorities for thepurpose of execution of the Works and Physical services underthe Contract.

16. Approval oftheContractor’sTemporaryWorks

16.1 The Contractor shall submit Specifications and Drawingsshowing the proposed Temporary Works to the ProjectManager, who is to approve them, if they comply with theSpecifications and Drawings.

16.2 The Contractor shall be responsible for design of TemporaryWorks.

16.3 The Project Manager’s approval shall not alter theContractor’s responsibility for design of the Temporary Works.

16.4 The Contractor shall obtain approval of third parties to thedesign of the Temporary Works, where required.

17. Contractor’sResponsibilities

17.1 The Contractor shall execute and complete the Works andremedy any defects therein in conformity in all respects withthe provisions of the Contract Agreement.

18. Taxes andDuties

18.1 The Contractor shall be entirely responsible for all taxes,duties, fees, and other such levies imposed inside and outsideBangladesh.

19. Contractor’sPersonnel

19.1 The Contractor shall employ the key personnel named in theSchedule of Key Personnel, as referred to in the PCC, to carryout the functions stated in the Schedule or other personnelapproved by the Project Manager.

19.2 The Project Manager will approve any proposed replacementof key personnel only if their relevant qualifications andabilities are equal to or higher than those of the personnelnamed in the Schedule.

19.3 If the Project Manager asks the Contractor to remove aparticular person who is a member of the Contractor’s staff orwork force from the Site, he or she shall state the reasons,and the Contractor shall ensure that the person leaves theSite within three (3) days and has no further connection withthe work in the Contract.

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20. Subcontracting

20.1 Subcontracting the whole of the Works by the Contractor shallnot be permissible. The Contractor shall be responsible for theacts or defaults of any Subcontractor, his or her agents oremployees, as if they were the acts or defaults of theContractor.

20.2 The prior consent, in writing, of the Project Manager shallhowever be obtained for other proposed Subcontractor(s).

20.3 Subcontractors shall comply with the provisions of GCC Clause39.

21. NominatedSubcontractor

21.1 Nominated Subcontractor named in the Contract shall beentitled to execute the specific components of the Worksstated in the PCC.

21.2 The Contractor shall not be under obligations to employ aNominated Subcontractor against whom the Contractor raisesreasonable objection by notice to the Project manager assoon as practicable, with supporting particulars while thereare reasons to believe that the Subcontractor does not havesufficient competence, resources or financial strength, or doesnot accept to indemnify the Contractor against and from anynegligence or misuse of Goods by the nominatedSubcontractor.

21.3 Subcontracting shall in no event relieve the Contractor fromany of its obligations, duties, responsibilities, or liability underthe Contract and all Subcontractors shall comply with theprovisions of GCC Clause 39.

22. OtherContractors

22.1 The Contractor shall cooperate and share the Site with otherContractors, public authorities, utilities, the Project Managerand the Procuring Entity between the dates given in theSchedule of other Contractors. The Contractor shall alsoprovide facilities and services for them as described in theSchedule. The Procuring Entity may modify the Schedule ofother Contractors, and shall notify the Contractor of any suchmodification.

23. ProjectManager’sDecisions

23.1 Except where otherwise specifically stated in the PCC, theProject Manager will decide Contractual matters between theProcuring Entity and the Contractor in its role asrepresentative of the Procuring Entity.

24. Delegation 24.1 The Project Manager may delegate any of his duties andresponsibilities to his representative except to theAdjudicator, after notifying the Contractor, and may cancelany delegation, without retroactivity, after notifying theContractor.

24.2 Any communications to the Contractor in accordance withsuch delegation shall have the same effect as if it was givenby the Project Manager.

25. Instructions, 25.1 The Contractor shall carry out all instructions of the Project

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Manager that comply with the applicable law.

26. Queriesabout theContractconditions

26.1 The Project Manager, on behalf of the Procuring Entity, willclarify queries on the Conditions of Contract.

27. Safety,Security andProtection oftheEnvironment

27.1 The Contractor shall throughout the execution andcompletion of the Works and the remedying of any defectstherein:(a) take all reasonable steps to safeguard the health and

safety of all workers working on the Site and otherpersons entitled to be on it, and to keep the Site in anorderly state;

(b) provide and maintain at the Contractor’s own cost alllights, guards, fencing, warning signs and watching forthe protection of the Works or for the safety on-site;and

(c) take all reasonable steps to protect the environment onand off the Site and to avoid damage or nuisance topersons or to property of the public or others resultingfrom pollution, noise or other causes arising as aconsequence of the Contractors methods of operation.

28. WorkingHours

28.1 The Contractor shall not perform any work on the Site on theweekly holidays, or during the night or outside the normalworking hours, or on any religious or public holiday, withoutthe prior written approval of the Project Manager.

29. Welfare ofLabourers

29.1 The Contractor shall comply with all the relevant labour Lawsapplicable to the Contractor’s personnel relating to theiremployment, health, safety, welfare, immigration and shallallow them all their legal rights.

29.2 The Contractor, in particular, shall provide properaccommodation to his or her labourers and arrange properwater supply, conservancy and sanitation arrangements atthe site for all necessary hygienic requirements and for theprevention of epidemics in accordance with relevantregulations, rules and orders of the government.

29.3 The Contractor, further in particular, shall pay reasonablewages to his or her labourers, and pay them in time. In theevent of delay in payment the Procuring Entity may effectpayments to the labourers and recover the cost from theContractor.

30. Child Labour 30.1 The Contractor shall not employ any child to perform anywork that is economically exploitative, or is likely to behazardous to, or to interfere with, the child's education, or tobe harmful to the child's health or physical, mental, spiritual,moral, or social development in compliance with theapplicable labor laws and other relevant treaties ratified by

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the government.

31. Discoveries 31.1 Anything of historical or other interest or of significant valueunexpectedly discovered on the Site shall be the property ofthe Procuring Entity. The Contractor shall notify the ProjectManager of such discoveries and carry out the ProjectManager’s instructions for dealing with them.

32. ProcuringEntity’s andContractor’sRisks

32.1 The Procuring Entity carries the risks that the Contract statesare Procuring Entity’s risks and the Contractor carries therisks that the Contract states are Contractor’s risks.

33. ProcuringEntity’sRisks

33.1 From the Start Date until the Defects Correction Certificatehas been issued, the following are Procuring Entity’s risks:

(a) the risk of personal injury, death, or loss of or damageto property (excluding the Works, Plant, Materials, andEquipment), which are due to

i. use or occupation of the Site by the Works or forthe purpose of the Works, which is theunavoidable result of the Works or

ii. negligence, breach of statutory duty, orinterference with any legal right by the ProcuringEntity or by any person employed by orContracted to him except the Contractor.

(b) the risk of damage to the Works, Plant, Materials, andEquipment to the extent that it is due to a fault of theProcuring Entity or in the Procuring Entity’s design, ordue to war or radioactive contamination directlyaffecting the country where the Works are to beexecuted.

33.2 From the Completion Date until the Defects CorrectionCertificate has been issued, the risk of loss of or damage tothe Works, Plant, and Materials is Procuring Entity’s risk,except loss or damage due to:

(a) a Defect which existed on the Completion Date;(b) an event occurring before the Completion Date, which

was not itself Procuring Entity’s risk; or(c) the activities of the Contractor on the Site after the

Completion Date.

34. Contractor’sRisks

34.1 From the Start Date until the Defects Correction Certificatehas been issued the risks of personal injury, death, and lossof or damage to property including without limitation, theWorks, Plant, Materials, and Equipment, which are notProcuring Entity’s risks are Contractor’s risks.

35. Copyright 35.1 The copyright in all drawings, documents, and other

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materials containing data and information furnished to theProcuring Entity by the Contractor herein shall remain vestedin the Contractor, or, if they are furnished to the ProcuringEntity directly or through the Contractor by any third party,including Suppliers of materials, the copyright in suchmaterials shall remain vested in such third party.

35.2 The Contractor shall not, except for the purposes ofperforming the obligations under the Contract, without thewritten permission of the Procuring Entity disclose or makeuse of any specification, plan, design and drawing, pattern,sample or information furnished by or on behalf of theProcuring Entity.

36. Limitation ofLiability

36.1 Except in cases of criminal negligence or wilful misconduct:

(a) the Contractor shall not be liable to the ProcuringEntity, whether in Contract, tort, or otherwise, for anyindirect or consequential loss or damage, loss of use,loss of production, or loss of profits or interest costs,provided that this exclusion shall not apply to anyobligation of the Contractor to pay liquidated damagesto the Procuring Entity; and

(b) the aggregate liability of the Contractor to theProcuring Entity, whether under the Contract, in tort orotherwise, shall not exceed the total Contract Price,provided that this limitation shall not apply to the costof repairing or replacing defective Works, or to anyobligation of the Contractor to indemnify the ProcuringEntity with respect to patent infringement.

37. Insurance 37.1 The Contractor shall provide, in the joint names of theProcuring Entity and the Contractor, insurance cover fromthe Start Date to the end of the Defects Liability Period, inthe amounts and deductibles specified in the PCC for thefollowing events which are due to the Contractor’s risks:

(a) loss of or damage to the Works, Plant, and Materials;(b) loss of or damage to Equipment;(c) loss of or damage to property (except the Works,

Plant, Materials, and Equipment) in connection withthe Contract; and

(d) personal injury or death.

37.2 The Contractor shall deliver policies and certificates ofinsurance to the Project Manager, for the Project Manager’sapproval, before the Start Date. All such insurances shallprovide for compensation to be payable in the types andproportions of currencies required to rectify the loss ordamage incurred.

37.3 If the Contractor does not provide any of the policies andcertificates required, the Procuring Entity may effect theinsurance which the Contractor should have provided and

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recover the premiums the Procuring Entity has paid frompayments otherwise due to the Contractor or, if no paymentis due, the payment of the premiums shall be a debt due.

37.4 Alterations to the terms of insurance shall not be madewithout the approval of the Project Manager.

37.5 Both parties shall comply with conditions of the insurancepolicies.

38. ManagementandProgressMeetings

38.1 Either the Project Manager or the Contractor may require theother to attend a management and progress meeting. Thebusiness of such meeting shall be to review the progressand plans for remaining work and to deal with matters raisedin accordance with the early warning procedure.

38.2 The Project Manager shall record the business of themeetings and provide copies of the record to those attendingthe meeting and to the Procuring Entity. The responsibility ofthe parties for actions to be taken shall be decided by theProject Manager either at the management and progressmeeting or after the meeting, and stated in writing to allconcerned.

39. Corrupt,Fraudulent,Collusive orCoercivePractices

39.1 The Government requires that Procuring Entity, as well asthe Contractor shall observe the highest standard of ethicsduring the implementation of procurement proceedings andthe execution of the Contract under public fund.

39.2 For the purposes of GCC Sub Clause 39.4, the terms set forthbelow as follows:(a) “corrupt practice” means offering, giving or promising

to give, receiving, or soliciting either directly orindirectly, to any officer or employee of a ProcuringEntity or other public or private authority or individual, agratuity in any form; employment or any other thing orservice of value as an inducement with respect to an actor decision or method followed by a Procuring Entity inconnection with a Procurement proceeding or Contractexecution;

(b) “fraudulent practice” means the misrepresentation oromission of facts in order to influence a decision to betaken in a Procurement proceeding or Contractexecution;

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(c) “collusive practice” means a scheme or arrangementbetween two (2) or more Persons, with or without theknowledge of the Procuring Entity, that is designed toarbitrarily reduce the number of Tenders submitted or fixTender prices at artificial, non-competitive levels, therebydenying a Procuring Entity the benefits of competitiveprice arising from genuine and open competition; or

(d) “coercive practice” means harming or threatening toharm, directly or indirectly, Persons or their property toinfluence a decision to be taken in the Procurementproceeding or the execution of the Contract, and thiswill include creating obstructions in the normalsubmission process used for Tenders.

(e) “obstructive practice” means deliberately destroying,falsifying, altering or concealing of evidence material tothe investigation or making false statements toinvestigators in order to materially impede aninvestigation into allegations of a corrupt, fraudulent,coercive or collusive practice; and/or threatening,harassing or intimidating any party to prevent it fromdisclosing its knowledge of matters relevant to theinvestigation or from pursuing the investigation.

39.3 Should any corrupt, fraudulent, collusive, coercive orobstructive practice of any kind come to the knowledge ofthe Procuring Entity, it will, in the first place, allow theContractor to provide an explanation and shall, take actionsonly when a satisfactory explanation is not received. Suchexclusion and the reasons thereof, shall be recorded in therecord of the procurement proceedings and promptlycommunicated to the Contractor. Any communicationsbetween the Contractor and the Procuring Entity related tomatters of alleged corrupt, fraudulent, collusive, coercive orobstructive practices shall be in writing.

39.4 If corrupt, fraudulent, collusive, coercive or obstructivepractices of any kind determined by the Procuring Entityagainst the Contractor alleged to have carried out suchpractices, the Procuring Entity will :

(a) exclude the Contractor from further participation in theparticular Procurement proceeding; or

(b) declare, at its discretion, the Contractor to be ineligibleto participate in further Procurement proceedings,either indefinitely or for a specific period of time.

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39.5 The Contractor shall be aware of the provisions oncorruption, fraudulence, collusion and coercion in Section 64of the Public Procurement Act, 2006 and Rule 127 of thePublic Procurement Rules, 2008.

39.6 The Contractor shall permit the Procuring Entity and/or theDevelopment Partner to inspect the Contractor’s accounts andrecords and other documents relating to the submission oftender and contract performance, and to have them audited byauditors appointed by the Procuring Entity and/or theDevelopment Partner, if so required.

B. Time Control

40. Commencement of Works

40.1 Except otherwise specified in the PCC , the CommencementDate shall be the date at which the following precedentconditions have all been fulfilled and the Project Manager’sinstruction recording the agreement of both Parties on suchfulfilment and instructing to commence the Works is receivedby the Contractor:

(a) signing of the Contract Agreement by both parties uponapproval of the by relevant authorities;

(b) possession of the Site given to the Contractor asrequired for the commencement of the Works; and

(c) receipt by the Contractor of the Advance Paymentunder GCC Clause 75 provided that the correspondingBank Guarantee has been delivered by the Contractor,if any.

40.2 The Contractor shall commence the execution of the Worksas soon as is reasonably practicable by the Start Date asspecified in the GCC Sub Clause 1.1(nn) after theCommencement Date, and shall then proceed with theWorks with due expedition and without delay.

41. Completionof Works

41.1 The Contractor shall carry out the Works in accordance withthe Programme of Works submitted by the Contractor andas updated with the approval of the Project Manager asstated under GCC Clause 42 to complete them in allrespects by the Intended Completion Date.

42. Programmeof Works

42.1 Within the time stated in the PCC, the Contractor shallsubmit to the Project Manager for approval a Programme ofWorks showing the general methods, arrangements, order,and timing for all the activities in the Works. The programmemay be in the form of an Implementation Schedule preparedin any software or other form acceptable to the ProjectManager.

42.2 The Contractor shall submit to the Project Manager forapproval of an updated Programme at intervals no longerthan the period stated in the PCC. An update of theProgramme shall be a Programme showing the actualprogress achieved on each activity and the effect of the

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progress achieved on the timing of the remaining work,including any changes to the sequence of the activities.

42.3 If the Contractor does not submit an updated Programme ofWorks at the intervals as stated under GCC Sub Clause42.2 , the Project Manager may withhold an amount asstated in the PCC from the next payment certificate andcontinue to withhold this amount until the next due paymentafter the date on which the overdue Programme of Workshas been submitted.

42.4 The Project Manager’s approval of the Programme of Worksshall not alter the Contractor’s obligations. The Contractormay revise the Programme and submit it to the ProjectManager again at any time for approval. A revisedProgramme shall show the effect of Variations andCompensation Events.

43. Pro RataProgress

43.1 The Contractor shall maintain Pro Rata progress of theWorks. Progress to be achieved shall be pursuant to GCCClause 42 and shall be determined in terms of the value ofthe works done.

44. EarlyWarning

44.1 If at any time during performance of the Contract, theContractor or its Subcontractors should encounter events,circumstances, conditions that may adversely affect thequality of the work, increase the original Contract Price ordelay the execution of the Works, the Contractor shallpromptly notify the Project Manager in writing of the delay,its likely duration, and its cause. As soon as practicableafter receipt of the Contractor’s notice, the Project Managershall evaluate the situation, and the Contractor shallcooperate with the Project Manager in making andconsidering proposals for how the effect of such an event orcircumstance can be avoided or reduced.

44.2 The Project Manager may require the Contractor to providean estimate of the expected effect of the future event orcircumstance on the original Contract price and CompletionDate. The Contractor shall provide the estimate and theProject Manager shall further proceed as soon asreasonably possible.

45. Extension ofIntendedCompletionDate

45.1 The Contractor shall be entitled to an extension of theIntended Completion Date, if and to the extent thatcompletion of the Works or any part thereof is or will bedelayed by Compensation Events or a Variation or ExtraWork Order.

45.2 The Project Manager shall decide whether and by howmuch to extend the Intended Completion Date within twenty-one (21) days of the Contractor asking the Project Managerfor a decision upon the effect of a Compensation Event orVariation and submitting full supporting information. If theContractor has failed to give early warning of a delay or has

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failed to cooperate in dealing with a delay, the delay by thisfailure shall not be considered in assessing the extension ofIntended Completion Date.

45.3 Except in case of Force Majeure, as provided under GCCClause 85, a delay by the Contractor in the performance ofits Completion obligations shall render the Contractor liableto the imposition of Liquidated Damages pursuant to GCCClause 73, unless an extension of Intended Completion Dateis agreed upon, pursuant to GCC Clause 45.

46. DelaysCaused byAuthorities

46.1 If the following conditions apply, namely:(a) the Contractor has diligently followed the procedures

laid down by the relevant legally constituted publicauthorities,

(b) these public authorities delay or disrupt theContractor’s work, and

(c) the delay or disruption was unforeseeable;then this delay or disruption will be considered as a cause ofdelay under GCC Sub Clause 45.1.

46.2 The Project Manager shall notify the Contractor accordinglykeeping the Procuring Entity posted.

47. Acceleration 47.1 When the Procuring Entity wants the Contractor to finish theWorks before the Intended Completion Date, the ProjectManager will obtain priced proposals for achieving thenecessary acceleration from the Contractor. If the ProcuringEntity accepts these proposals, the Intended CompletionDate will be advanced accordingly and confirmed by boththe Procuring Entity and the Contractor.

47.2 If the Procuring Entity accepts the Contractor’s pricedproposals for acceleration, they will be incorporated in theContract Price and treated as a Variation under GCCClause 62.

48. DelaysOrdered bythe ProjectManager

48.1 The Project Manager may instruct the Contractor to delaythe start or progress of any activity within the Works.

49. Suspensionof Work

49.1 The Project Manager may at any time instruct the Contractorto suspend progress of part or all of the Works. During suchsuspension, the Contractor shall protect, store and securesuch part or the Works against any deterioration, loss ordamage.

50. Consequences ofSuspension

50.1 If the Contractor suffers delay and/or incurs Cost fromcomplying with the Project Manager’s instructions underGCC Clause 49 and/or from resuming the work, theContractor shall give notice to the Project Manager and shallbe entitled subject to GCC Clause 93 to:

(a) an extension of time for any such delay, if Completionis or will be delayed and

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(b) payment of any such cost, which shall be included inthe Contract Price.

50.2 After receiving this notice, the Project Manager shallproceed to agree or determine these matters.

50.3 The Contractor shall not be entitled to any extension of timefor, or to any payment of the cost incurred in, making goodthe consequences of the Contractor’s faulty design,workmanship or materials, or of the Contractor’s failure toprotect, store or secure in accordance with GCC Clause 49.

C. Quality Control51. Execution of

Works51.1 The Contractor shall construct, install and carry out the

Works and Physical services in accordance with theSpecifications and Drawings as scheduled in GCC Clause 6.

52. Examinationof Worksbeforecovering up

52.1 All works under the Contract shall at all times be open toexamination, inspection, measurements, testing andsupervision of the Project Manager, and the Contractor shallensure presence of its representatives at such actionsprovided proper advance notice is given by the ProjectManager.

52.2 No part of the Works shall be covered up or put out of sightwithout the approval of the Project Manager. The Contractorshall give notice in writing to the Project Manager wheneverany such part of the Works is ready for examination and theProject Manager shall attend to such examination withoutunreasonable delay.

53. IdentifyingDefects

53.1 The Project Manager shall check the works executed by theContractor and notify the Contractor of any Defects found.Such checking shall not relieve the Contractor from his orher obligations. The Project Manager may also instruct theContractor to search for a Defect and to uncover and testany work that the Project Manager considers may have aDefect.

54. Testing 54.1 If the Project Manager instructs the Contractor to carryout a test not specified in the Specification to checkwhether any work has a Defect and the test shows thatit does, the Contractor shall pay for the test and anysamples. If there is no Defect, the test shall be aCompensation Event.

55. Rejection ofWorks

55.1 If, as a result of an examination, inspection, measurementor testing, of Works it is found to be defective or otherwisenot in accordance with the Contract, the Project Managermay reject the Works by giving notice to the Contractor,with reasons. The Contractor shall then promptly makegood the defect and ensure that the rejected Works

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subsequently complies with the Contract.

56. RemedialWork

56.1 Notwithstanding any test or certification, the ProjectManager may instruct the Contractor to:(a) remove from the Site and replace any Plant or

Materials which is not in accordance with theContract,

(b) remove and re-execute any other work which is notin accordance with the Contract, and

(c) execute any work which is urgently required for thesafety of the Works, whether because of anaccident, unforeseeable event or otherwise.

56.2 The Contractor shall comply with the instruction issuedunder GCC Sub Clause 56.1 within a reasonable time,which shall be specified in the instruction, or immediately ifurgency is specified under GCC Sub Clause 56.1(c).

56.3 If the Contractor fails to comply with the instruction issuedunder GCC Sub Clause 56.2, the Procuring Entity shall beentitled to employ and pay other persons to carry out thework. Except to the extent that the Contractor would havebeen entitled to payment for the work, the Contractor shallbe liable to pay all such costs arising from this failure.

57. Correction ofDefects

57.1 The Project Manager shall give notice to the Contractor,with a copy to the Procuring Entity and others concerned,of any Defects before the end of the Defects LiabilityPeriod, which begins at Completion Date, and is defined inthe PCC. The Defects Liability Period shall be extended foras long as Defects remain to be corrected.

57.2 Every time notice of a Defect is given, the Contractor shallcorrect the notified Defect within the length of time specifiedby the Project Manager’s notice.

58. UncorrectedDefects

58.1 If the Contractor has not corrected a Defect within the timespecified in the Project Manager’s notice, the ProjectManager shall assess the cost of having the Defectcorrected by it, and the Contractor shall remain liable to paythe expenditures incurred on account of correction of suchDefect.

D. Cost Control

59. ContractPrice

59.1 The Contract Price shall be as specified in the ContractAgreement subject to any additions and adjustmentsthereto, or deductions therefrom, as may be madepursuant to Contract

60. Bill ofQuantities

60.1 The Bill of Quantities shall contain priced items for theconstruction, installation, testing, and commissioning workto be done by the Contractor.

60.2 The Bill of Quantities is used to calculate the Contract

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Price. The Contractor is paid for the quantity of the workdone at the rate in the Bill of Quantities for each item.

61. Changes intheQuantitiesand UnitRate or Price

61.1 If the final quantity of the work done for any particular itemincreases from the quantity in the Bill of Quantities bymore than twenty-five percent (25%), provided the changein case exceeds one percent (1%) of the original ContractPrice, the Project Manager shall adjust the rate to allow forthe change.

61.2 If requested by the Project Manager, the Contractor shallprovide the Project Manager with a detailed costbreakdown of any rate in the Bill of Quantities.

62. Variations 62.1 All Variations and Extra Work Orders under the Contractshall be included in the updated Programme of Worksproduced by the Contractor.

63. Costing ofVariations orExtra Orders

63.1 The Contractor shall provide the Project Manager with aquotation for carrying out the Variation when requested todo so by the Project Manager. The Project Manager shallassess the quotation, which shall be given within seven (7)days of the request or within any longer period stated bythe Project Manager and before the Variation is ordered.

63.2 If the work in the Variation corresponds with an itemdescription in the Bill of Quantities and if, in the opinion ofthe Project Manager, the quantity of work not above thelimit stated in GCC Sub-Clause 61.1 or the timing of itsexecution do not cause the cost per unit of quantity tochange, the rate in the Bill of Quantities shall be used tocalculate the value of the Variation. If the cost per unit ofquantity changes, or if the nature or timing of the work inthe Variation does not correspond with items in the Bill ofQuantities, the quotation by the Contractor shall be in theform of new rates for the relevant items of work.

63.3 If the Contractor’s quotation is found to be unreasonable,the Project Manager may order the Variation and make achange to the Contract price, which shall be based on theProject Manager’s own forecast of the effects of theVariation on the Contractor’s costs.

63.4 If the Project Manager decides that the urgency of varyingthe work would prevent a quotation being given andconsidered without delaying the work, no quotation shall begiven and the Variation shall be treated as aCompensation Event under GCC Sub Clause 69.

63.5 The Contractor shall not be entitled to additional paymentfor costs that could have been avoided by giving earlywarning under GCC Sub Clause 44.1.

64. Cash FlowForecasts

64.1 When the Programme of Works is updated under GCC SubClause 42.2, the Contractor shall provide the Project

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Manager with an updated cash flow forecast.

65. PaymentCertificates

65.1 The basis for payment certificates shall be Bill of Quantitiesused to determine the Contract price.

65.2 The Contractor shall submit to the Project Managermonthly statements of the estimated value of the worksexecuted less the cumulative amount certified previously.

65.3 The Project Manager shall check the Contractor’s monthlystatement and certify the amount to be paid to theContractor.

65.4 The value of work executed shall be determined by theProject Manager.

65.5 The value of work executed shall include the valuation ofVariations or Extra Work Orders, Certified Dayworks andCompensation Events.

65.6 The Project Manager may exclude any item certified in aprevious certificate or reduce the proportion of any itempreviously certified in any certificate in the light of laterinformation.

66. Payments totheContractor

66.1 Payments shall be adjusted for deductions for advancepayments and retention. The Procuring Entity shall pay theContractor the amounts certified by the Project Managerwithin twenty eight (28) days of the date of each certificateafter due adjustments for deductions for advancepayments, retention and any other additions or deductionswhich may have become due under the Contract orotherwise, including those under GCC Clause 93.

66.2 Items of works quantified in the Bill of Quantities for whichno rates or prices have been quoted shall be deemedcovered by the amounts at rates and prices of other itemsin the Contract.

66.3 Payments due to the Contractor in each certificate shall bemade into the Bank Account in any scheduled Bank ofBangladesh of the title of the Contract specified in thePCC, nominated by the Contractor in the currencyspecified in the Contract.

67. DelayedPayment

67.1 If the Procuring Entity makes a late payment, theContractor shall be paid interest on the late payment in thenext payment. Interest shall be calculated from the date bywhich the payment should have been made up to the datewhen the late payment is made at the prevailing rate ofinterest for commercial borrowing for each of thecurrencies in which payments are made.

67.2 If an amount certified is increased in a subsequentcertificate as a result of an award by the Adjudicator or anArbitrator, the Contractor shall be paid interest upon the

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delayed payment as set out in this clause. Interest shall becalculated from the date upon which the increased amountwould have been certified in the absence of dispute.

68. Payments toNominatedSubcontractor(s)

68.1 The Contractor shall pay to the NominatedSubcontractor(s) the amounts shown on the NominatedSubcontractor’s invoices approved by the Contractor whichthe Project Manager certifies to be due in accordance withthe subcontract included under the Contract.

69. Compensation Events

69.1 The following shall be Compensation Events:(a) The Procuring Entity does not give access to or

possession of the Site or part of the Site by the SitePossession Date stated in the GCC Sub Clause13.1;

(b) The Procuring Entity modifies the Schedule of otherContractors in a way that affects the works of theContractor under the Contract;

(c) The Project Manager orders a delay or does notissue Drawings, Specifications, or instructionsrequired for execution of the Works on time;

(d) The Project Manager instructs the Contractor touncover or to carry out additional tests upon work,which is then found to have no Defects;

(e) The Project Manager unreasonably does notapprove a subcontract to be let, if applicable;

(f) Ground conditions are substantially more adversethan could reasonably have been assumed beforeissuance of the Notification of Award from theinformation issued to Tenderers (including the SiteInvestigation Reports), from information availablepublicly and from a visual inspection of the Site;

(g) The Project Manager gives an instruction for dealingwith an unforeseen condition, caused by theProcuring Entity, or additional work required forsafety or other reasons;

(h) Other Contractors, public authorities, utilities, or theProcuring Entity do not work within the dates andother constraints stated in the Contract, and theycause delay or extra cost to the Contractor;

(i) The advance payment is delayed;(j) The effects on the Contractor of any of the

Procuring Entity’s Risks;(k) The Project Manager unreasonably delays issuing a

Completion Certificate;(l) A situation of Force Majeure has occurred, as

defined in GCC Clause 85; and(m) Other Compensation Events described in the

Contract or determined by the Project Manager inthe PCC shall apply.

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69.2 If a Compensation Event would cause additional cost orwould prevent the work being completed before theIntended Completion Date, the Contract price shall beincreased and/or the Intended Completion Date shall beextended. The Project Manager shall decide whether andby how much the Contract price shall be increased andwhether and by how much the Intended Completion Dateshall be extended, only on justifiably acceptable groundsduly recorded.

69.3 As soon as the Contractor has provided informationdemonstrating the effect of each Compensation Eventupon the Contractor’s forecast cost, the Project Managershall assess it, and the Contract price shall be adjustedaccordingly. If the Contractor’s forecast is deemedunreasonable, the Project Manager shall adjust theContract price based on the Project Manager’s ownforecast. The Project Manager will assume that theContractor will react competently and promptly to theevent.

69.4 The Contractor shall not be entitled to compensation to theextent that the Procuring Entity’s interests are adverselyaffected by the Contractor not having given early warningor not having cooperated with the Project Manager.

70. Adjustmentsfor ChangesinLegislation

70.1 Unless otherwise specified in the Contract, if between thedate twenty-eight (28) days before the submission ofTenders for the Contract and the date of the lastCompletion Certificate, any law, regulation, ordinance,order or bylaw having the force of law is enacted,promulgated, abrogated, or changed in Bangladesh (whichshall be deemed to include any change in interpretation orapplication by the competent authorities) that subsequentlyaffects the Completion Date and/or the Contract price, thensuch Completion Date and/or Contract price shall becorrespondingly increased or decreased, to the extent thatthe Contractor has thereby been affected in theperformance of any of its obligations under the Contract.

70.2 The Project Manager shall adjust the Contract Price on thebasis of the change in the amount of taxes, duties, andother levies payable by the Contractor, provided suchchanges have not already been accounted for in the priceadjustment as defined in GCC Clause 69 and/or reflectedin the Contract price.

71. PriceAdjustment

71.1 Prices shall be adjusted for fluctuations in the cost of inputsonly if provided for in the PCC. If so provided, the amountsas certified in each payment certificate, before deductingfor Advance Payment, shall be adjusted by applying therespective price adjustment factor to the payment amount.The formula indicated below applies:

P= A + B (Im/Io)

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where:P is the adjustment factorA and B are Coefficients specified in the PCC,representing the nonadjustable and adjustableportions, respectively, of the Contract; andIm is the Index during the month the work has beenexecuted and Io is the Index prevailing twenty eight(28) days prior to the deadline for submission ofTender.

The Indexes to be used is as published by the BangladeshBureau of Statistics (BBS) on a monthly basis. In case notavailable, then other countries or authorities of the sourcesmentioned in Appendix to the Tender may be used.

72. RetentionMoney

72.1 The Procuring Entity may retain from each progressivepayment due to the Contractor at the percentage specifiedin the PCC until completion of the whole of the Worksunder the Contract.

72.2 On completion of the whole of the Works, the first half thetotal amount retained under GCC Sub Clause 72.1 shall berepaid to the Contractor and the remaining second halfafter the Defects Liability Period has passed and theProject Manager has certified in the form of DefectsCorrections Certificate..

72.3 On completion of the whole of the Works, the Contractormay substitute an unconditional Bank Guarantee in theformat as specified (Form PW3-11) acceptable to theProcuring Entity for the second half of the retention moneyas stated under GCC Sub Clause 72.2.

73. LiquidatedDamages

73.1 The Contractor shall pay liquidated damages 16 to theProcuring Entity at the rate per day stated in the PCC foreach day that the Completion Date is later than theIntended Completion Date. The total amount of liquidateddamages shall not exceed the amount defined in the PCC.The Procuring Entity may deduct liquidated damages frompayments due to the Contractor. Payment of liquidateddamages shall not affect the Contractor’s liabilities.

73.2 If the Intended Completion Date is extended afterliquidated damages have been paid, the Project Managershall correct any overpayment of liquidated damages bythe Contractor by adjusting the next payment certificate.

74. Bonus 74.1 The Contractor shall be paid a Bonus calculated at the rateper calendar day if stated in the PCC for each day (lessany days for which the Contractor is paid for acceleration)that the Completion of the whole of the Works is earlierthan the Intended Completion Date. The Project Managershall require certifying that the Works are complete,

16 Usually liquidated damages are set between 0.05 percent and 0.10 percent per day, and the total amount isnot to exceed between 5 percent and 10 percent of the Contract Price.

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although they may not have fallen due to being completeas per approved updated Programme of Works.

75. AdvancePayment

75.1 If so specified in the PCC, the Procuring Entity shall makeadvance payment to the Contractor of the amounts and bythe dates stated in the PCC against provision by theContractor of an Unconditional Bank Guarantee in a formand by a bank acceptable to the Procuring Entity in anamount equal to the advance payment. The Guaranteeshall remain effective until the advance payment has beenrepaid, but the amount of the Guarantee shall beprogressively reduced by the amounts repaid by theContractor. Interest will not be charged on the advancepayment.

75.2 The Contractor shall use the advance payment only to payfor Equipment, Plant, Materials, and mobilization expensesrequired specifically for execution of the Contract. TheContractor shall demonstrate that advance payment hasbeen used for such specific purposes by supplying copiesof invoices or other documents to the Project Manager.

75.3 The advance payment shall be repaid by deducting atproportionate rate from payments otherwise due to theContractor, following the schedule of completedpercentages of the Works on a payment basis. No accountshall be taken of the advance payment or its repayment inassessing valuations of work done, Variations, priceadjustments, Compensation Events, Bonuses, orLiquidated Damages.

76. PerformanceSecurity

76.1 The Procuring Entity shall notify the Contractor of any claimmade against the Bank issuing the Performance Security.

76.2 The Procuring Entity may claim against the security if anyof the following events occurs for fourteen (14) days ormore.(a) The Contractor is in breach of the Contract and the

Procuring Entity has duly notified him or her ; and(b) The Contractor has not paid an amount due to the

Procuring Entity and the Procuring Entity has dulynotified him or her.

76.3 In the event the Contractor is liable to pay compensationunder the Contract amounting to the full value of thePerformance Security or more, the Procuring Entity maycall the full amount of the Performance Security.

76.4 The Performance Security furnished at the time of signingof the Contract Agreement shall be substituted, after theissuance of certificate of Completion of works by theProject Manager, by a new Security covering fifty (50)percent amount of the Performance Security to cover theDefects Liability Period.

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76.5 If there is no reason to call the Performance Security, thePerformance Security shall be discharged by the ProcuringEntity and returned to the Contractor after the DefectsLiability period has passed and the Project Manager hascertified in the form of Defects Corrections Certificates.

77. ProvisionalSums

77.1 Provisional Sums shall only be used, in whole or in part, inaccordance with the Project Manager’s instructions and theContract price shall be adjusted accordingly. The total sumpaid to the Contractor shall include only such amounts, forthe work, supplies or services to which the ProvisionalSum relates, as the Project Manager shall have instructed.

77.2 Plants, Materials or Services to be purchased by theContractor under the provisions of GCC Sub Clause 77.1from Nominated Subcontractor(s) or for meeting the otherexpenditures under the Contract, and for which there shallbe included in the Contract price, the actual amounts paidor due to be paid by the Contractor, and a sum for VAT,profit and overhead charges, as applicable, calculated as apercentage of these actual amounts by applying therelevant percentage rate stated in the PCC.

77.3 The Contractor shall, when required by the ProjectManager, produce quotations, invoices, vouchers andaccounts or receipts in substantiation of purchases underGCC Sub Clause 77.2.

78. Dayworks 78.1 If applicable, the Dayworks rates in the Contractor’s Tendershall be used for small additional amounts of work onlywhen the Project Manager has given written instructions inadvance for additional work to be paid for in that way.

78.2 All works to be paid for as Dayworks shall be recorded bythe Contractor on forms approved by the Project Manager.Each completed form shall be certified and signed by theProject Manager within seven (7) days of the works beingdone.

78.3 The Contractor shall be paid for Dayworks subject toobtaining signed Dayworks forms.

79. Cost ofRepairs toLoss orDamages

79.1 Loss or damage to the Works or Materials to beincorporated in the Works between the Start Date and theend of the Defects Liability Period shall be remedied by theContractor at the Contractor’s own cost, if the loss ordamage arises from the Contractor’s acts or omissions.

E. Completion of the Contract80. Completion 80.1 The Contractor shall apply by notice to the Project

Manager for issuing a Completion Certificate of the Works,and the Project Manager shall do so upon deciding that thework is completed.

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81. Taking Over 81.1 The Procuring Entity shall take over the Site and the Workswithin seven (7) days of the Project Manager’s issuing acertificate of Completion.

82. Amendmentto Contract

82.1 The amendment to Contract shall generally includeextension of time to the Intended Completion Date,increase or decrease in original Contract price and anyother changes acceptable under the conditions of theContract.

82.2 The Procuring Entity, in accordance with the Delegation ofFinancial Power or sub-delegation thereof, shall amend theContract incorporating the changes introduced to theoriginal terms and conditions of the Contract in line with theRules.

83. FinalAccount

83.1 The Contractor shall submit with a detailed account of thetotal amount that the Contractor considers payable underthe Contract to the Project Manager before the end of theDefects Liability Period.

83.2 The Project Manager shall certify the Final Payment withinfifty six (56) days of receiving the Contractor’s account ifthe payable amount claimed by the Contractor is correctand the corresponding works are completed.

83.3 If it is not, the Project Manager shall issue within fifty six(56) days a Defects Liability Schedule that states thescope of the corrections or additions that are necessary.

83.4 If the Final Account of Works submitted under GCC SubClause 83.1 is unsatisfactory even after it has beenresubmitted, the Project Manager shall decide on theamount payable to the Contractor and issue a paymentcertificate.

84. As-builtDrawingsand Manuals

84.1 If “As Built” Drawings and/or operating and maintenancemanuals are required, the Contractor shall supply them bythe dates stated in the PCC.

84.2 If the Contractor does not supply the Drawings and/orManuals by the dates specified in GCC Sub Clause 84.1,or they do not receive the Project Manager’s approval, theProject Manager shall withhold a nominal amount specifiedin the PCC from payments due to the Contractor.

85. ForceMajeure

85.1 Force Majeure may include, but is not limited to,exceptional events or circumstances of the kind statedbelow;

(a) war, hostilities (whether war be declared or not),invasion, act of foreign enemies ;

(b) rebellion, terrorism, sabotage by persons other thanthe Contractor’s personnel, revolution, insurrection,

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military or usurped power, or civil war ;(c) riot, commotion, disorder, strike or lockout by

persons other than the Contractor’s personnel ;(d) munitions of war, explosive materials, ionising

radiation or contamination by radio-activity, exceptas may be attributable to the Contractor’s use ofsuch munitions, explosives, radiation or radio-activity ;and

(e) natural catastrophes such as fires, floods,epidemics, quarantine restrictions, freightembargoes, cyclone, hurricane, typhoon, tsunami,storm surge, earthquake, hill slides, landslides, andvolcanic activities.

86. Notice ofForceMajeure

86.1 If a party is or will be prevented from performing itssubstantial obligations under the Contract by ForceMajeure, then it shall give notice, within fourteen (14) daysafter the party became aware, to the other party of theevent or circumstances constituting the Force Majeure andshall specify the obligations, the performance of which is orwill be prevented.

86.2 Notwithstanding any other provision of this Clause, ForceMajeure shall not apply to obligations of either party tomake payments to the other party under the Contract.

87. Consequences of ForceMajeure

87.1 If the Contractor is prevented from performing itssubstantial obligations under the Contract by ForceMajeure of which notice has been given under GCC SubClause 86, and suffers delay and/or incurs cost by reasonof such Force Majeure, the Contractor shall be entitledsubject to GCC Sub Clause 93 to:(a) an extension of time for any such delay, if

completion is or will be delayed, under GCC Clause45, and

(b) if the event or circumstance is of the kind describedsub-paragraphs (a) to (e) of GCC Sub Clause 85.1occurs in the Country, payment of any such cost,including the costs of rectifying or replacing theWorks and Physical services damaged ordestructed by Force Majeure, to the extent they arenot indemnified through the insurance policyreferred to in GCC Clause 37.

87.2 After receiving notice under GCC Sub Clause 86.1, theProject Manager shall proceed to determine these mattersunder the provisions of the Contract.

88. Release fromPerformance

88.1 Notwithstanding any other provision of this Clause, if anyevent or circumstance outside the control of the parties(including, but not limited to, Force Majeure) arises whichmakes it impossible or unlawful for either or both parties tofulfil its or their contractual obligations or which, under the

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law governing the Contract, entitles the parties to bereleased from further performance of the Contract, thenupon notice by either party to the other party of such eventor circumstance:(a) the parties shall be discharged from further

performance, without prejudice to the rights ofeither party in respect of any previous breach of theContract, and

(b) the sum payable by the Procuring Entity to theContractor shall be the same as would have beenpayable under GCC Sub Clause 90.3 if theContract had been terminated under GCC SubClause 89.3.

F. Termination and Settlement of Disputes89. Termination 89.1 Termination for Default

(a) The Procuring Entity or the Contractor, withoutprejudice to any other remedy for breach ofContract, by giving twenty eight (28) days writtennotice of default to the other party, may terminatethe Contract in whole or in part if the other partycauses a fundamental breach of Contract.

(b) Fundamental breaches of the Contract shall include,but shall not be limited to, the following:

(i) the Contractor stops work for twenty-eight(28) days when no stoppage of work isshown on the current Programme and thestoppage has not been authorized by theProject Manager;

(ii) the Project Manager instructs the Contractorto delay the progress of the Works, and theinstruction is not withdrawn within eighty four( 84) days;

(iii) the Project Manager gives Notice that failureto correct a particular Defect is a fundamentalbreach of Contract and the Contractor fails tocorrect it within a reasonable period of timedetermined by the Project Manager;

(iv) the Contractor does not maintain a Security,which is required;

(v) the Contractor has delayed the completion ofthe Works by the number of days for whichthe maximum amount of Liquidated Damagescan be paid, as specified in GCC Sub Clause73;

(vi) the Contractor has subcontracted the wholeof the Works or has assigned the Contractwithout the required agreement and withoutthe approval of the Project Manager;

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(vii) the Contractor, in the judgment of theProcuring Entity has engaged in corrupt orfraudulent practices, as defined in GCC SubClause 39, in competing for or in executingthe Contract.

(viii) A payment certified by the Project Manager isnot paid by the Procuring Entity to theContractor within eighty-four (84) days of thedate of the Project Manager’s certificate.

89.2 Termination for InsolvencyThe Procuring Entity and the Contractor may at any timeterminate the Contract by giving twenty eight (28) dayswritten notice to the other party if either of the partybecomes bankrupt or otherwise insolvent. In such event,termination will be without compensation to any party,provided that such termination will not prejudice or affectany right of action or remedy that has accrued or willaccrue thereafter to the other party.

89.3 Termination for Convenience(a) The Procuring Entity, by giving twenty eight (28)

days written notice sent to the Contractor, mayterminate the Contract, in whole or in part, at anytime for its convenience. The notice of terminationshall specify that termination is for the ProcuringEntity’s convenience, the extent to whichperformance of the Contractor under the Contractis terminated, and the date upon which suchtermination becomes effective.

(b) The Procuring Entity shall not terminate thecontract under GCC Sub Clause 89.3 (a) in orderto execute the Works itself or to arrange for theWorks to be executed by another contractor or toavoid a termination of the Contract by theContractor as stated under GCC Sub Clause89.1(a).

89.4 In the event the Procuring Entity terminates the Contract inwhole or in part, the Procuring Entity shall accept the portionof the Works that are complete and ready for handing overafter the Contractor’s receipt of notice of termination of theContract. For the remaining portion of the Works, theProcuring Entity may elect:

(a) to have any portion completed by the Contractor atthe Contract terms and prices; and /or

(b) to cancel the remainder and pay to the Contractoran agreed amount for partially completed Worksand for materials and parts previously procured bythe Contractor, or

(c) except in the case of termination for convenienceas stated under GCC Sub Clause 89.3., engage

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another Contractor to complete the Works, and inthat case the Contractor shall be liable to theProcuring Entity for any cost that may be incurredin excess of the sum that would have been paid tothe Contractor, if the work would have beenexecuted and completed by him or her.

89.5 If the Contract is terminated, the Contractor shall stop workimmediately, make the Site safe and secure, and leave theSite as soon as is reasonably possible

90. PaymentuponTermination

90.1 If the Contract is terminated because of a fundamentalbreach of Contract under GCC Sub Clause 89.1 by theContractor, the Project Manager shall issue a certificate forthe value of the Works done and Plant and Materialsordered less advance payments received up to the date ofthe issue of the certificate and less the amount frompercentage to apply to the contract value of the works notcompleted, as indicated in the PCC. If the total amount dueto the Procuring Entity exceeds any payment due to theContractor, the difference shall be a debt payable to theProcuring Entity.

90.2 If the Contract is terminated for the Procuring Entity’sconvenience or because of a fundamental breach ofContract by the Procuring Entity, the Project Manager shallissue a payment certificate for the value of the work done,Materials ordered, the reasonable cost of removal ofEquipment, repatriation of the Contractor’s foreignpersonnel employed solely on the Works and recruitedspecifically for the Works, and the Contractor’s costs ofprotecting and securing the Works, and less advancepayments received up to the date of the certificate.

90.3 If the Contract is terminated for reasons of ForceMajeure, the Project Manager shall determine thevalue of the work done and issue a PaymentCertificate which shall include:(a) the amounts payable for any work carried out for

which unit rates or prices are stated in theContract;

(b) the cost of Plant and Materials ordered for theWorks which have been delivered to theContractor, or of which the Contractor is liable toaccept delivery: this Plant and Materials shallbecome the property of (and be at the risk of) theProcuring Entity when paid for by the ProcuringEntity, and the Contractor shall place the same atthe Procuring Entity’s disposal;

(c) other costs or liabilities which in the circumstanceswere reasonably and necessarily incurred by theContractor in the expectation of completing the

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Works;(d) the cost of removal of Temporary Works and

Contractor’s Equipment from the Site; and(e) the cost of repatriation of the Contractor’s staff and

labour employed wholly in connection with theWorks at the date of termination.

91. Property 91.1 All Materials on the Site, Plant, Equipment, TemporaryWorks, and Works shall be deemed to be the property ofthe Procuring Entity if the Contract is terminated becauseof the Contractor’s default stated under GCC Sub Clause89.1.

92. Frustration 92.1 If the Contract is frustrated by the occurrence of a situationof Force Majeure as defined in GCC Sub Clause 85, theProject Manager shall certify that the Contract has beenfrustrated. The Contractor shall make the Site safe andstop work as quickly as possible after receiving thiscertificate and shall be paid for all works carried out beforereceiving it and for any work carried out afterwards towhich a commitment was made.

G. Claims, Disputes and Arbitration

93. Contractor’sClaims

93.1 If the Contractor considers himself to be entitled to anyextension of the Completion Time and/or any additionalpayment, under any Clause of these Conditions orotherwise in connection with the Contract, the Contractorshall give notice to the Procuring Entity, describing theevent or circumstance giving rise to the claim. The noticeshall be given as soon as practicable, and not later thantwenty eight (28) days after the Contractor became aware,or should have become aware, of the event orcircumstance.

93.2 If the Contractor fails to give notice of a claim within suchperiod of twenty eight (28) days, the Intended CompletionDate shall not be extended, the Contractor shall not beentitled to additional payment, and the Procuring Entityshall be discharged from all liability in connection with theclaim.

93.3 Within forty two (42) days after the Contractor becameaware or should have become aware of the event orcircumstance giving rise to the claim, or within such otherperiod as may be proposed by the Contractor andapproved by the Project Manager, the Contractor shallsend to the Project Manager a fully detailed claim whichincludes full supporting particulars of the basis of the claimand of the extension of time and/or additional paymentclaimed, for settlement.

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94. Settlementof Disputes

94.1 Amicable settlementThe procuring Entity and the Contractor shall use their bestefforts to settle amicably all possible disputes arising out ofor in connection with this Contract or its interpretation.

94.2 Adjudication(a) If the Contractor believes that a decision taken by

the Project Manager was either outside theauthority given to the Project Manager by theContract or that the decision was wrongly taken, thedecision shall be referred to the Adjudicator withinfourteen (14) days of notification of the ProjectManager’s decision in writing.

(b) The Adjudicator named in the PCC is jointlyappointed by the parties. In case of disagreementbetween the parties, the Appointing Authoritydesignated in the PCC shall appoint the Adjudicatorwithin fourteen (14) days of receipt of a requestfrom either party.

(c) The Adjudicator shall give its decision in writing toboth parties within twenty-eight (28) days of adispute being referred to it.

(d) The Contractor shall make all payments (fees andreimbursable expenses) to the Adjudicator, and theProcuring Entity shall reimburse half of these feesthrough the regular progress payments.

(e) Should the Adjudicator resign or die, or should theProcuring Entity and the Contractor agree that theAdjudicator is not functioning in accordance with theprovisions of the Contract; a new Adjudicator will bejointly appointed by the Procuring Entity and theContractor. In case of disagreement between theProcuring Entity and the Contractor the Adjudicatorshall be designated by the Appointing Authoritywithin fourteen (14) days of receipt of a requestfrom either party as stated under GCC Sub Clause94.2 (b)

94.3 Arbitration(a) If the parties are unable to reach a settlement as

per GCC Clauses 94.1 and 94.2 within twenty-eight(28) days of the first written correspondence on thematter of disagreement, then either party may givenotice to the other party of its intention tocommence arbitration in accordance with GCC SubClause 94.3(b).

(b) The arbitration shall be conducted in accordancewith the Arbitration Act (Act No 1 of 2001) ofBangladesh as at present in force and in the placeshown in the PCC.

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Section 4. Particular Conditions of Contract

In the case of any discrepancy between the Sections 3 and 4, the Section 4 shallprevail.

GCC Clause Amendments of, and Supplements to, Clauses in the General Conditionsof Contract

GCC 1.1(j) The Contractor is

[Name, address, and name of authorized representative]

GCC 1.1(ff) The Procuring Entity is Bangladesh Power Development Board (BPDB)

“BOARD” means Bangladesh Power Development Board (BPDB)“The Engineer” means Director, Directorate of Renewable Energy,Research and Development, BPDB, Dhaka.“The Operator” means the Contractor.Contract Effective Date is;

the date after the 30 days of Contract signing or date of establishing ofLetter of Credit, whichever is earlierName & Address of authorized representative:

The Director,Directorate of PurchaseBangladesh Power Development BoardWAPDA Bhaban (9th Floor), Motijheel C/A, Dhaka -1000Phone:8802-9550532, Fax: 8802-7126151

The Consignee: Director, Directorate of Renewable Energy, Researchand Development, BPDB, Dhaka

GCC 1.1(gg) The Project Manager is

DirectorDirectorate of Renewable Energy, Research and Development, BPDB,Dhaka

GCC 1.1 (bb) The original Contract price is [insert the amount in the NOA]

GCC 1.1(y) The Intended Completion Date for the Design, Supply, Installation, Testing andCommissioning of 2 MW Capacity Wind Power Plant on turnkey basis at thebank of the River Jamuna adjacent to the existing Sirajganj 150 MW PowerPlant , Sirajganj, Bangladesh shall be:

365 (Three sixty five) days from the Contract Effective Date.

GCC 1.1(kk) The Site is located at the bank of the River Jamuna adjacent to the existingSirajganj 150 MW Power Plant, Sirajganj, Bangladesh.

GCC 1.1(nn) The Start Date shall be: the date after the 30 days of Contract signing ordate of establishing of Letter of Credit, whichever is earlier

GCC 1.1(rr) The Works consist of

As mentioned in Section 7, General Specification

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GCC 2.5 The Sectional Completion Dates are: As mentioned in the offer

GCC 3.1 The Procuring Entity’s address for the purpose of communications under thiscontract is :

The DirectorDirectorate of PurchaseBangladesh Power Development BoardWAPDA Bhaban (9th Floor), Motijheel C/A, Dhaka -1000

Phone:8802-9550532, Fax: 8802-7126151

The Contractor’s address for the purpose of communications under thiscontract is :Contact person:Address:Tel:Fax:

e-mail address:

GCC 6.1 (j) Other documents forming part of the Contract are:

All correspondences between Procuring Entity and Contractor prior to signingof the Contract agreement.

GCC 9.1 A Contractor or a Subcontractor that is a national of, or registered in, thefollowing countries are not eligible: Israel and countries having no diplomaticrelation with the Government of the People’s Republic of Bangladesh

GCC 9.2 Materials, Equipments Plants and supplies shall not have their origin in thefollowing countries: Israel and countries having no diplomatic relation with theGovernment of the People’s Republic of Bangladesh

GCC 13.1 Possession of the Site or part(s) of the Site, to the Contractor shall be given onthe following date(s):After signing of Contract Agreement

GCC 18 Taxes and Dutiesa) Bangladesh Income tax and VATi) The Contractor shall be entirely liable to pay Income Tax on contract pricefor both Foreign & Local currency according to the Income Tax Ordinance1984 section 52 & 56 and the Income Tax rules 16 at the prevailing rate ofthe Government of Bangladesh which shall be deducted at source at the timeof payment of bills for onward deposition of the same into GovernmentTreasury. In case of any change of Tax rate after the date of submission thatwill be in account of employer.

ii) The contractor shall also be liable to pay VAT arising out of this contractfor both Foreign & Local currency (Except CIF) portions according to the VATAct. 1991 at the prevailing rate of the Government of Bangladesh which shallbe deducted at source at the time of payment of bills for onward deposition ofthe same into Government Treasury. In case of any change of VAT rate afterthe date of submission that will be in account of employer.

iii) The Board shall pay all VAT on CIF portion at the payment stage (ifapplicable).

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b) For Contractor’s equipment, materials imported on re-exportablebasisThe Contractor shall be entirely responsible for all Bangladesh Custom andImport duties, VAT, taxes and all other levies imposed under applicable law ofBangladesh for Importation of Contractor’s Construction equipment, tools andmaterials required for implementation of the contract in Bangladesh whichshall be imported on the condition to be exported after completion of the work,if the same are not exempted from such taxes, VAT & levies. The Board shallassist to the contractor to obtain exemption from NBR [National Board ofRevenue] for import of the contractor’s equipment and materials on the basisof re-export.

c) Foreign country Taxes and Permits

The Contractor shall pay all sales, income and other taxes and duties, tariffsand imports that can be lawfully assessed against the contractor by theGovernment or any lawful authority of any country other than the people'sRepublic of Bangladesh which has jurisdiction over the contractor inconnection with this contract and shall pay for all licenses permits andinspection required for the work including the cost or securing all exportlicenses and permits for materials, equipment, supplies and personnelexported from that country to Bangladesh.

d) IMPORT DUTY, VAT, TAXES, LEVIES AND OTHER TAXES FORPERMANENT MATERIALS OF THE WORK

The Contractor shall obtain all import permits or licenses required for any partof the work within the terms stated in the program or if not so stated, inreasonable time having regard to the time for delivery of the work and the timefor completion. The Board shall pay all Bangladesh customs and importduties, VAT, taxes and all other levies arising from the importation of allpermanent materials and equipments (on CIF Value) as well asspares/consumables. The Board shall provide its extreme effort to pay suchtaxes in a timely manner to avoid any extra cost thereon. The contractor shallsubmit to the owner 5 (five) copies of non-negotiable shipping documentahead of shipment for arranging payment of such taxes and clearing thematerials in time.

The Board shall not bear any expenditure on account of import of cement, ifany, by the Contractor.

Normally, equipment and materials that will be incorporated in the permanentworks shall be transported by vessel. If the Contractor decides to air freightany items, the excess freight beyond freight of vessel or excess inlandtransportation or any other additional cost on account of air freight shall beborne by the Contractor.

e) CONTRACTOR'S RESPONSIBILITY TO GET ACQUAINTED WITHBANGLADESH LAWS, IMPORT POLICY, ETC.

The Contractor shall get himself acquainted with the relevant BangladeshLaws as well as the Import Policy of the Government of People's Republic ofBangladesh remaining in force regarding import of banned items, if any, duringthe execution of the Contract. In case of import of any banned items and/orcontraband item, the consequential effect shall rest with the Contractor.Similarly the Contractor shall be responsible for any non-conformance of

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Bangladesh Laws either by his own employees or any of the employees of hisSubcontractors during execution of the Contract.

GCC 19.1 Following Key Personnel to carry out the functions stated in the Schedule shallbe employed by the Contractor:As mentioned in the Section -7 (Clause 7.2), Requirements of Key Personal.

GCC 21.1 Nominated Subcontractor(s) named below: As mentioned in the Offer or otherSubcontractor(s) with the consent of Project Manager (Consignee)

GCC 23.1 The Contractual matters between the Procuring Entity and the Contractor shallbe decided by Project Manager

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GCC 37.1 1.INSURANCEThe Contractor shall arrange the following insurance except “Workmen’scompensation Insurance for the Contractor’s expatriate personnel” from M/SBangladesh Sadharan Bima Corporation in the joint name of the BOARD andContractor and Policies to be taken in foreign currency and local currencywherever necessary and the payment of premium shall be made by theContractor.

2.MARINE INSURANCEInsurance of equipment/Spare parts/materials/ Vehicles and other goodscovering all risks including war, strike, riots, civil commotion from the port ofshipment to the port of discharge transit after discharge to the Site, and ware-houses to warehouse anywhere in Bangladesh.

The Contractor shall promptly furnish one set of shipping documents, a copyof Bill of lading, invoice, packing list etc, of each consignment direct to theDeputy Director, Insurance. Finance Directorate, BPDB, Dhaka well in time ofthe shipment of goods indicating the contract number and name of theinsurer. If they fail to comply with this instruction they will be held responsibleto compensate the losses if any arising out of the non –compliance of thisconditions.

3. ERECTION INSURANCE“Builder’s risk Insurance” and “Erection Insurance’ and or “StructuralInsurance” including third party liabilities wherever considered necessary bythe Contractor and approved by the Board.

4.TRANSPORT LIABILITY INSURANCEComprehensive water crafts if necessary automobile insurance on motorvehicles to be used by the Contractor during the working period inBangladesh.

5.WORKMEN’S COMPENSATION INSURANCEThe Contractor shall procure and maintain Workman’s CompensationInsurance for all expatriate personnel employed by the Contractor for servicesin Bangladesh and shall provide for such employees other insurance benefitssuch as it customarily provides for overseas assignments Of its otheremployees.

6.REPLACEMENT AND REPAIR UNDER INSURANCEThe Contractor shall follow customary insurance claim procedures in seekingto effect recovery under the applicable insurance coverage, of the costs ofrepair or replacement of any materials lost or damaged in shipment orhandling, replacement shipments for materials being replaced or materialsthat has been returned to the country of origin for repair shall be shipped at nocharge to the Board. However, any costs for custom duties, taxes, importlicenses under an insurances claim will be borne by the Contractor. Thecontractor shall in no way withheld the project works/ supplies / services forfinalization of the insurance claimed, if any.

GCC 40.1 Commencement Date of Works shall be as follows:

the date after the 30 days of Contract signing or date of establishing ofLetter of Credit, whichever is earlier

GCC 42.1 The Contractor shall submit a Programme for the Works within fifteen (15)days of signing the Contract.

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GCC 42.2 The period between Programme updates is monthly

GCC 42.3 The amount to be withheld for late submission of an updated Programme is :As decided by Project Manager (Consignee)

GCC 52 Post landing inspectionPost Landing Inspection shall be done after arrival of the materials/ equipmentat Sirajganj 2 MW Wind Power plant site. The Post landing Inspection of thematerials/ equipment shall be conducted by BPDB’s Inspectors or itsauthorized representative in the presence of the representative of theContractor. The program of such Inspection shall be intimated to therepresentative of the Contractor by BPDB upon arrival of the materials/equipment at above Power station store. "Receiving cum Inspection Report"will be prepared after Post Landing Inspection.

GCC 54 Witnessing of manufacturing process and tests of the equipment/materials and spares at manufacturers' works including transfer oftechnical know-how.

It is agreed by the Contractor that BPDB shall send its personnel to carry outwitnessing of manufacturing process and tests of concernedequipments/materials and spares at manufacturers' works including transferof technical know-how and engage a few personnel to inspect the work to beperformed at Site under this Contract for compliance with the Contractrequirements. The Contractor shall furnish all reasonable aid and assistancerequired by BPDB or inspectors, for the proper inspection and examination ofthe work and all parts thereof.

The Contractor shall also bear the cost of round air tickets, hotelaccommodations, per diem allowances, internal transportations and out ofpocket expenses @ US $ 100.00 per person per day for 07 days (excludingtravel time) for the witnessing of manufacturing process and tests ofconcerned equipments/ materials and spares at manufacturers' worksincluding transfer of technical know-how. The number of such personnel willbe two (02) for the witnessing of manufacturing process and tests ofconcerned equipments/materials and spares at manufacturers' worksincluding transfer of technical know-how provided that all goods for the saidtest witnessing shall be ready at a time. Otherwise number of such personnelwill increase depending on number of readiness of the goods.

The Contractor shall obey the directions of BPDB or it's designated personswhen they are consistent with the obligations of this Contract should theContractor object to any order given by any BPDB's designated person, theContractor may make written appeal to BPDB for its decision.

The representatives of BPDB shall be free at all times to perform their dutiesand any intimidation or attempted intimidation of any one of them by theContractor or by any of his employees shall be sufficient reasons if BPDB sodecides, to terminate the Contract.

Such witnessing/inspection shall not relieve the Contractor from any obligationto perform the work in accordance with the Contract Documents.

Work not so constructed shall be removed and made good by the Contractor

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at his own expenses.

The programme of witnessing of manufacturing process, factory test andtechnical know-how transfer shall cover the following:

i) Introduction to the Equipment and Materials.

ii) Familiarization with Production Line/Cycle and equipment used in suchCycle.

iii) Standard of Production.

iv) Production Procedure of the equipment.

v) Quality Control System of produced equipment and goods.

vi) Familiarization Standard of Testing Equipment.

vii) Testing Procedure of the equipment manufactured.

viii) Witnessing of Test as per standard and requirements of ContractDocument.

ix) Trainees will have to ensure and certify that the test results observedqualify the standard specified in the contract.

x) Operation & Maintenance of the equipment after using it in the system ofBPDB.

xi) Any other related matters with Test of Equipment.

The Contractor must indicate in technical offer the practical arrangements heis offering for ensuring the training, as well as the methodology used.The Contractor will provide all maintenance and operation manual, drawingsrelating to all the equipment to each trainee on the first day of his arrival at theManufacturers Premises.

GCC 57.1 The Defects liability / warranty shall cover the following :The Contractor warrants that each item of equipment/ materials and workfurnished under this Contract will be as specified and will be free from defectsin design to the extent the Contractor is responsible for design, workmanshipand material. The warranties contained in this Contract document are in lieuof any other warranties and are the only warranties made by Contractor withrespect to the materials, equipment and work. If within the warranty period setforth below any part of the material or work fails to meet the warranty BPDBwill notify the Contractor and the Contractor shall promptly correct any defectincluding non-conformance with specifications by adjustment, repair orreplacement of any and all defective parts or materials.

Unless otherwise specified the Defects liability period/ warranty periodhereunder shall begin from the date of issuance of Provisional AcceptanceCertificate (PAC) by BPDB and shall end after 18 (Eighteen) months ofoperation until final acceptance.

The Contractor shall pay all costs for correction of defects including shop andfield labour and supervision, transportation, parts, supplies, all tackles andspecial tools.

The Contractor will be given an opportunity to check the existence of thedefect and he shall promptly do the correction within reasonable time. Thissection states the limit of the Contractor's liability for defects for which he isresponsible.

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When it is necessary to dismantle piping, ducts, machinery, equipment orother work furnished or performed by the Contractor in order to obtain accessto the work, the cost of all such dismantling and re-assembling will be paid bythe Contractor.

The Contractor shall extend the provisions of this warranty to cover allrepaired and replacement parts furnished under the Defects liability/ warrantyprovisions for a period of Eighteen (18) months of operation from the date ofrepair, replacement, commissioning thereof.

If within twenty (20) days after BPDB gives the Contractor notice of a defect,the Contractor neglects to make or undertake with due diligence to make thenecessary corrections, BPDB is hereby authorized to make the correctionshimself or order the work to be done by a third party and cost of thecorrections shall be paid by the Contractor. BPDB will be permitted to makerepairs or replacements on equipment without affecting the warranty orwithout prior notice to the Contractor so long as the repairs or replacementsinvolve the correct installation of spares. BPDB shall also be permitted toadjust or test equipment as outlined in instruction manuals provided by themanufacturer.

r a third party chosen by BPDB without giving prior notice to the Contractorand In the case of an emergency where in the judgment of BPDB the delay resulting from giving formal notice would cause serious loss or damage whichcould be prevented by immediate action, defects may be corrected by BPDBo cost of corrections shall be paid by the Contractor. In the event, such actionis taken by BPDB, the Contractor will be notified promptly and the Contractorshall assist wherever possible in making the necessary corrections.

The Contractor shall extend the provisions of the Defects Liability Period tocover all repaired and replacement parts furnished under the Defects LiabilityPeriod.

GCC 66.1 Payments

Payments under this Contract shall be effected in the currency of theTender for Foreign Currency and in Taka for local currency. Foreigncurrency payments shall be made through Letter of credit (L/C) andlocal currency through transfer of fund to Contractor's account orthrough cheque. Local currency shall be made through accounts officeof the Procurement Entity or through CP & AA cell of BPDB.

The charges within Bangladesh for establishment of the L/C shall beborne by BPDB but the L/C charges outside Bangladesh shall be borneby the Contractor. The Contractor shall have to bear all such chargesboth inside and outside Bangladesh in case of extension of L/C if doneat the request of the contractor. An irrevocable L/C shall be opened byBPDB within 30 days upon signing of the Contract (If required). BPDBshall pay to the Contractor in the following manner:

a) Payments against CIF value of the material, spares and consumables(Foreign currency; for materials to be imported). (As per Schedule 1.1)

1) 70% (Seventy percent) payment within 30 days upon Contractor'spresentation of shipping documents to the negotiating bank andissuance of payment advice by the Director, Purchase of BPDB for

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each consignment.

2) 20% (Twenty percent) upon presentation of Board's "Receiving cumInspection Report" for each consignment delivered at site and a claimbill duly verified by consignee certified by the Engineer and issuance ofpayment advice by the Director, Purchase of BPDB.

3) 5% (Five percent) upon issuance of Provisional AcceptanceCertificate and a claim bill duly verified by consignee certified by theEngineer and issuance of payment advice by the Director, Purchase ofBPDB.

4) 5% (Five percent) upon issuance of Final Acceptance Certificate anda claim bill duly verified by consignee certified by the Engineer andissuance of payment advice by the Director, Purchase of BPDB.

b) Payments against Custom clearance, Inland Transportation, Insurance forInland Transportation (Local Currency). (As per Schedule 1.1)

1) 100% (Hundred percent) upon presentation of Board's "Receivingcum Inspection Report" for each consignment delivered at site and aclaim bill duly verified by consignee certified by the Engineer andissuance of payment advice by the Director, Purchase of BPDB.

c) Payments against supply of material, spares and consumables (Localcurrency; for materials already imported) (As per Schedule 1.2 & 1.3)

1) 90% (Ninety percent) upon presentation of Board's "Receiving cumInspection Report" for each consignment delivered at site and a claimbill duly verified by consignee certified by the Engineer.

2) 5% (Five percent) upon issuance of Provisional AcceptanceCertificate and a claim bill duly verified by consignee certified by theEngineer.

3) 5% (Five percent) upon issuance of Final Acceptance Certificateand a claim bill duly verified by consignee certified by the Engineer.

d) Payment for Works, other than O & M Services (Foreign currency/localcurrency) (As per Schedule 1.4)

1) 90% (Ninety percent) payment upon monthly progress according tothe progress of the work at site and provided that the work isperformed satisfactorily and in accordance with the stipulations of theContract documents against submission of invoices/claim bill dulyverified by consignee certified by the Engineer.

2) 5% (Five percent) upon issuance of the Provisional AcceptanceCertificate after successful completion of commissioning and handingover against submission of invoices/claim bill duly verified byconsignee certified by the Engineer.

3) 5% (Five percent) upon issuance of the Final Acceptance Certificateafter successful completion of warranty period and removal of alldefect(s) pointed out by the Board and/or the consignee againstsubmission of invoices/claim bill duly verified by consignee certified bythe Engineer.

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e) Payment for O & M Services (As per Schedule 1.5)

1) 90 % (Ninety percent) against monthly Invoice duly verified byconsignee, certified by the Engineer.

2) 10% (Ten percent) shall be paid after ending of the particular yearof O & M Period against submission of invoice duly verified byconsignee, certified by the Engineer.

Procedure for Progress payment against Service

On or about the first day of each month the Contractor will prepare a bill inprescribed form of the value (As per Breakdown estimate) of the service doneup-to such date. The estimated cost of service which, do not conform to thespecifications will be deducted from the billed amount. Payment will be madeto the Contractor as stipulated above. Such intermediate payment shall beregarded as payment by way of advance against the final payment for workactually done and shall not preclude the requiring of bad, unsound andimperfect work to be removed and reconstructed. Such payments shall not beconsidered as admission that the Contract performance has been completednor shall it indicate the accruing or any claim, or shall it conclude, determineor affect in any way the powers of BPDB under this Contract to finalsettlement and adjustment of the account or in any other way vary or affectthe Contract.

Contractor's Breakdown Estimate

The Contractor shall prepare and submit to the Consignee for approval abreakdown estimate for and covering each lump-sum price stated in theContract. The breakdown estimate, showing the value of each kind of serviceshall be certified by Consignee and approved by the Engineer before anypartial payment estimate is prepared. Such items as bond premium,temporary facilities and plant may be listed separately in the breakdownestimate, provided that their cost can be substantiated.

The sum of the items listed in any breakdown estimate shall equal theContract lump-sum price or prices, overhead and profit shall not be listed asseparate items.

GCC 66.3 The particulars of the Bank Account nominated are as follows :

Title of the Account : [insert title to whom the Contract awarded]

Name of the Bank : [insert name with code, if any]

Name of the Branch : [insert branch name with code ,if any]

Account Number : [insert number]

Address : [insert location with district]

Tel :Fax :

e-mail address :[information furnished by the Contractor shall be substantiated by the concerned Bank andauthenticated by the Procuring Entity]

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GCC 67 Contractor shall not be paid interest on the late/ delayed payment

GCC 69.1(m) The following additional events shall also be the Compensation Events:: None

GCC 71.1 The Contract is not subject to price adjustment.

GCC 72 The proportion of payments to be retained is : As mentioned in PCC (GCC66.1)

GCC 73.1 The liquidated damages for the whole of the Works are @ 0.1 % (Zeropoint one percent) of the final Contract price per day of delay.

GCC 73.1 The maximum amount of liquidated damages shall be: Ten (10%) percent ofthe Contract Price.

GCC 74.1 The Bonus for the whole of the Works is None

The maximum amount of Bonus for the whole of the Works is None

GCC 75.1 The Advance Payment shall be None

GCC 77.2 The percentage for adjustment of Provisional Sums is None

GCC 80.1 After completion of the work, Provisional Acceptance Certificate (CompletionCertificate) shall be issued as stated below:

Provisional Acceptance Certificate (PAC)

The work shall not be considered as complete provisionally until a PAC hasbeen issued for the work, signed and dated by the Consignee and theEngineer and delivered to the Contractor. The PAC will be issued only afterthe final inspection and performance test has been carried out by a teamof representatives of the Contractor and witness and accepted by thePAC committee of BPDB formed by the competent authority and thework has been judged complete and in compliance with the ContractDocuments. The test shall be performed as specified in the applicableTechnical Requirements. Necessary testing equipment will be supplied by theContractor. The final inspection and the performance test of equipments andthe subsequent issuance of the PAC shall not be construed as a release tothe Contractor from any Contractual liability or responsibility, such releasebeing subject only to the provisions of the Release of Liability clause PCC[New clause GCC 98]. BPDB may take over completed portions of the work,prior to completion of the Contract, by written notice to the Contractor.

The Provisional Acceptance Certificate shall not be unreasonably withheld norshall BPDB delay the issuing of the PAC on account of minor omissions ordefects, which do not affect the commercial operation without any serious riskto the plant, provided always that the Contractor undertakes to make goodsuch omission and defects within a reasonable time. From the date of finalinspection and test of completed works, at least three (3) weeks time shouldbe taken for observation to the outcome of the work, after which ProvisionalAcceptance Certificate should be issued for the work, signed and dated by theConsignee and the Engineer and delivered to the Contractor, provided that noomissions or defects are found which may affect the commercial operation of

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the plant.

The final inspection and test will commence upon a written notice from theContractor stating that the Plant has successfully completed continuous initialcommercial operation at different loads including full load for at least 168hours without any trouble after installation work.

After completion of the Defects Liability Period /Warranty period, FinalAcceptance Certificate shall be issued as mentioned below:

Final Acceptance Certificate (FAC)The work shall not be considered as completed until a Final AcceptanceCertificate (FAC) is signed and issued by the consignee and the Engineer onthe basis of the successful report of FAC committee formed by the competentauthority stating that all work has been finally completed to their satisfaction.The Final Acceptance Certificate (FAC) will be given by the consignee latesttwenty eight (28) days after the expiration of the Defects liability period or ifdifferent guarantee periods shall become applicable to different parts of thework, after the expiration of the latest of such periods and as soon as any andall work to be made good is completed to the satisfaction of the Consignee/Project Manager and the competent Authority.

GCC 84.1 The date by which “as-built” drawings are required is : Within one month fromthe date of PAC. All documents including Drawing/TestReport/Operational/Maintenance manual must be submitted is Englishlanguage.

The date by which operating and maintenance manuals are required is : Withinone month from the date of PAC

GCC 84.2 The amount to be withheld for failing to produce “as-built” drawings and/oroperating and maintenance manuals by the date required is :

No money will be withheld but Final Acceptance Certificate shall not be issueduntil the submission of “as-built” drawings and/or operating and maintenancemanuals

GCC 90.1 The percentage to apply to the contract value of the works not completed,representing the Procuring Entity’s additional cost for completing theuncompleted Works, is twenty (20) percent.

GCC 94.2 (b) The Adjudicator jointly appointed by the parties is: Will be appointed as andwhen necessary.

Name:

Address:

Tel No:

Fax No:

e-mail address:

GCC 94.2(b) In case of disagreement between the parties, the Appointing Authority for theAdjudicator is the President of the Institution of Engineers, Bangladesh.

GCC 94.3 (b) The arbitration shall be conducted in the place mentioned below;

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Dhaka, Bangladesh

New ClauseGCC 95

Approval of Engineering Data (If any)

Five (5) copies of each drawings and necessary data shall first be submittedto Engineer. Two copies of drawings and data shall be returned to theContractor marked "APPROVED” "APPROVED AS NOTED", "RETURNEDFOR CORRECTION" within 21 days after receipt from the Contractor. Ifdrawings submitted for approval are not returned within 21 days after receiptby the Engineer, the Contractor shall notify Engineer of such fact, and if thedrawings still have not been returned within 15 days after such notice theContractor may proceed as if drawings have been returned approved. Whenthe drawings and data are returned marked "APPROVED AS NOTED" or"RETURNED FOR CORRECTION" the corrections or changes shall be madeand five (5) revised copies shall be submitted to Engineer. Two copies of therevised drawings and data will be returned to the Contractor by (15) days fromthe receipt of the same with due approval, if not anything otherwise specified.

The approval by the Engineer of drawing and data submitted by theContractor will cover only general conformity to the plans and specificationsand the external connections and dimensions which affect the plantarrangement. This approval of drawings returned marked "APPROVED" or"APPROVED AS NOTED" will not constitute a blanket approval of alldimensions, quantities and details of the materials, equipment, device or itemshown and does not relieve the Contractor from any responsibility for errors ordeviations from the Contract requirements.

All drawings and data after final procession by BPDB shall become a part ofthe Contract document and the work shown or described thereby shall beperformed in conformity therewith unless otherwise required by BPDB

When the work is completed, two copies of all final approved drawings on AOSize Paper and 1 (One) soft copy shall be sent by the Contractor to theConsignee/ Project Manager.

New ClauseGCC 96

Shipping Documents

No goods will be shipped without prior instruction from the ProcurementEntity. Each set of shipping documents will comprise the following:

1. Bill of Lading 1 copy2. Invoice 1 copy3. Shipping Specification 1 copy4. Freight paid memo 1 copy5. Insurance premium paid memo 1 copy6. Packing list 1 copy7. Manufacturer's test certificate 1 copy

The invoices and shipping specifications shall bear the Insurance cover notenumber.

The shipping documents described above shall be received by BPDB at thelatest one week before arrival of cargoes at the port of destination. Set ofshipping documents shall be submitted to as follows:1. Director, Purchase, BPDB, Dhaka.2. Consignee/ Project Manager

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3. Director, Clearance & Movement, BPDB, Chittagong.4. Director, Finance, BPDB, Dhaka.5. Deputy Director, Clearance & Movement, BPDB, Chittagong/ Dhaka/Khulna.6.. Deputy Director, Insurance, BPDB, Dhaka.

New ClauseGCC 97

PackingAll equipment and materials shall be suitably coated, wrapped or duly coveredin boxes for export shipment and to prevent damage during handling andstorage at the site. Card-board containers shall be enclosed in a solid woodencontainer. Equipment and process materials shall be packed and semi-knocked down to the extent possible to facilitate handling and storage and toprotect bearings and other machine surfaces from oxidation. Each containeror bundle shall be reinforced with steel strapping in such a manner thatbreaking of one strap will not cause complete failure of the packaging. Thepacking shall be of best standards to withstand rough handling and to providesuitable protection from tropical weather while in transit and while awaitingerection at the site.

Equipment and materials in wooden cases or crates shall be properlycushioned to withstand the abuse of handling, transportation and storage.Packing shall include preservatives suitable to tropical conditions. All machinesurfaces and bearing shall be coated with oxidation preventive compound. Allparts subject to damage when in contact with water shall be coated with asuitable grease and wrapped in heavy asphalt or tar impregnated paper.

Crates and packing materials used for shipping will become the property ofBPDB but the Contractor will be allowed to use the same for the work asneeded but the remaining material shall be turned over to BPDB uponcompletion of the project.

Packing or shipping units shall be designed within the limitations of theunloading facilities of the receiving ports and the ship which will be used.Ships with special heavy capacity unloading rigging may be required for largeunits of equipment.

It shall be the Contractor's responsibility to investigate these limitations and toprovide suitable packing and shipping to permit unloading at Chittagong /Dhaka.

Each package or shipping unit shall be clearly marked or stenciled on at leasttwo sides as follows :

BANGLADESH POWER DEVELOPMENT BOARD2 MW Capacity Wind Power Plant on turnkey basis at the bank of the RiverJamuna adjacent to the existing Sirajganj 150 MW Power Plant , Sirajganj,Bangladesh

New ClauseGCC 98

Release of LiabilityThe acceptance by the Contractor of the last payment shall operate as, andshall be, a release to the BOARD and every officer, agent and employeethereof, from all claims and liability hereunder for anything done or furnished

BPDB

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for or relating to the work, or for any act or neglect of the BOARD or of anyperson relating to or the affecting the work.

The last payment by the BOARD to the Contractor shall constitute finalacceptance of all work performed under this Contract and shall release theContractor and his surety, from all Contractual liabilities andresponsibilities to the BOARD except these liabilities assumed under theWarranty clause PCC [GCC 57.1] of these Special Conditions or arising outof hidden defects.

In the event a suit were to be instituted in Bangladesh against the BOARDand the Contractor as defendants neither shall be released from hisrespective liabilities under this Contract.

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Appendix to the Tender – Not Applicable

[In Tables below, the Procuring Entity shall indicate the source and basevalues with dates of Indexes, unless otherwise instructed to be quoted by theTenderer, for the different Cost Components and mention its Weightings orCoefficients]

Table 1.1: Price Adjustment Data – Not Applicable[ ITT Sub Clause 27.10: To be provided by the Procuring Entity]

Index Descriptions Base Value Sources of Index

Note:1. The sources of Indexes and its values with dates shall be Bangladesh Bureau

of Statistics (BBS) unless otherwise mentioned by the Procuring Entity orinstructed to be quoted by the Tenderer.

2. The Procuring Entity may require the Tenderer to justify its proposed Indexes,if quoted by the Tenderer.

3. The Base Value of the Indexes shall be those prevailing twenty eight (28) daysprior to the deadline for submission of the Tenders.

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Table 1.2: Price Adjustment Data – Not Applicable[ GCC Sub Clause 71.1: To be provided by the Procuring Entity]

ItemGroup

Bill No. ifapplicable

IndexDescriptions

Coefficients orWeightings fornon-adjustableCostComponent

Coefficients or Weightings foradjustable Cost Components

Total

a b c d e f g h i j

1

1

1

1

1

1

Note:The Weightings or Coefficients of the Cost Components shall be mentioned by the ProcuringEntity based on the proportion of components involved in the work items caused to beimpacted by rise and fall in its prices.

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Section 5. Tender and Contract Forms

Form Title

Tender Forms

PW3 – 1 Tender Submission Letter

PW3 – 2 Tenderer Information

PW3 – 3 JV Partner Information (if applicable)

PW3 – 4 Subcontractor Information (if applicable)

PW3 – 5 Personnel Information

PW3 – 5a Manufacturer’s Authorization & Warranty/Guarantee Letter

PW3 – 6 Bank Guarantee for Tender Security (when this option is chosen)

Contract Forms

PW3 – 7 Notification of Award

PW3 – 8 Contract Agreement

PW3 – 9 Bank Guarantee for Performance Security (when this option is chosen)

PW3 –10 Bank Guarantee for Advance Payment (if applicable)

PW3 –11 Bank Guarantee for Retention Money Security (when this option is chosen)

PW3 –12 Deviation List

Forms PW3 -1 to PW3 -6, & PW3-12 comprises part of the Tender Format and should becompleted as stated in ITT Clauses 24.

Forms PW3 -7 to PW3 -11 comprises part of the Contract as stated in GCC Clause 6.

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Tender Submission Letter (Form PW3-1)[This letter should be completed and signed by the Authorised Signatory

preferably on the Letter-Head Pad of the Tenderer]

To:

[Contact Person]

[Name of Procuring Entity]

[Address of Procuring Entity]

Date:

Invitation for Tender No: [indicate IFT No]

Tender Package No: [indicate Package No]

This Package is divided into the following Number of Lots [indicate number of Lot(s)]

We, the undersigned, offer to execute in conformity with the Conditions of Contract andassociated Contract documents, the following Works and Physical services, viz:

In accordance with ITT Clauses 27 and 28, the following prices and discounts apply toour Tender:

The Tender Price is:(ITT Sub Clause 27.1)

[in figures][in words]

The unconditional discount for beingawarded more than one lot in thispackage is:(ITT Sub Clause 27.6)

Tk [in figures]Taka [in words]

The methodology for application ofthe discount is:

[state the methodology].

The advance payment is:(GCC Sub Clause 75.1)

[state the amount based onpercentage of the Tender Price]

and we shall accordingly submit an Advance Payment Guarantee in theformat shown in Form PW3–10.

In signing this letter, and in submitting our Tender, we also confirm that:

(a) our Tender shall be valid for the period stated in the Tender Data Sheet (ITT SubClause 33.1) and it shall remain binding upon us and may be accepted at anytime before the expiration of that period;

(b) a Tender Security is attached in the form of a [state pay order, bank draft, bankguarantee] in the amount stated in the Tender Data Sheet (ITT Sub Clause 35.1)and valid for a period of twenty eight (28) days beyond the Tender validity date;

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(c) if our Tender is accepted, we commit to furnishing a Performance Security withinthe time stated under ITT Sub Clause 65.2 in the amount stated in the TenderData Sheet (ITT Sub Clauses 64.1 and 64.1) and in the form specified in theTender Data Sheet (ITT Sub Clause 65.1) valid for a period of twenty eight (28)days beyond the date of issue of the Completion Certificate of the Works;

(d) we have examined and have no reservations to the Tender Document, issued byyou on [insert date]; including Addendum to Tender Document No(s) [statenumbers] , issued in accordance with the Instructions to Tenderers (ITT Clause11). [insert the number and issuing date of each addendum; or delete thissentence if no Addendum has been issued];

(e) we, including as applicable, any JVCA partner or Subcontractor for any part of thecontract resulting from this Tender process, have nationalities from eligiblecountries, in accordance with ITT Sub Clause 5.1;

(f) we are submitting this Tender as a sole Tenderer in accordance with ITT SubClause 40.3orwe are submitting this Tender as the partners of a JVCA, comprising the followingother partners in accordance with ITT Sub Clause 40.3;

Name of Partner Location & District of Partner

1

2

3

4

(g) we are not a Government owned entity as defined in ITT Sub Clause 5.3orwe are a Government owned entity, and we meet the requirements of ITT SubClause 5.3;

(h) we, including as applicable any JVCA partner, declare that we are not associated,nor have been associated in the past, directly or indirectly, with a consultant orany other entity that has prepared the design, specifications and other documentsin accordance with ITT Sub Clause 5.5;

(i) we, including as applicable any JVCA partner or Subcontractor for any part of thecontract resulting from this Tender process, have not been declared ineligible bythe Government of Bangladesh on charges of engaging in corrupt, fraudulent,collusive or coercive practices in accordance with ITT Sub Clause 5.6;

(j) furthermore, we are aware of ITT Clause 4 concerning such practices and pledgenot to indulge in such practices in competing for or in executing the Contract;

(k) we intend to subcontract an activity or part of the Works, in accordance with ITTSub Clause 19.1, to the following Subcontractor(s);

Activity or part of the Works Name of Subcontractor with Locationand District

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(l) we, including as applicable any JVCA partner, confirm that we do not have arecord of poor performance, such as abandoning the works, not properlycompleting contracts, inordinate delays, or financial failure as stated in ITTClause 5.7, and that we do not have, or have had, any litigation against us, otherthan that stated in the Tenderer Information (Form PW3-2);

(m) we are not participating as Tenderers in more than one Tender in this Tenderingprocess. We understand that your written Notification of Award shall constitutethe acceptance of our Tender and shall become a binding Contract between us,until a formal Contract is prepared and executed;

(n) we, including as applicable any JVCA partner, confirm that we do not have arecord of insolvency, receivership, bankrupt or being wound up, our businessactivities were not been suspended, and it was not been the subject of legalproceedings in accordance with ITT Sub Clause 5.8;

(o) we, including as applicable any JVCA partner, confirm that we have fulfilled ourobligations to pay taxes and social security contributions applicable under therelevant national laws and regulations of Bangladesh in accordance with ITT SubClause 5.9;

(p) we understand that you reserve the right to reject all the Tenders or annul theTender proceedings, without incurring any liability to Tenderers, in accordancewith ITT Clause 60.

Signature: [insert signature of authorised representativeof the Tenderer]

Name: [insert full name of signatory with National IDNumber]

In the capacity of: [insert capacity of signatory]

Duly authorised to sign the Tender for and on behalf of the Tenderer

[If there is more than one (1) signatory, or in the case of a JVCA, add other boxes and signaccordingly].Attachment 1:[ITT Sub Clause 40.3]Written confirmation authorising the above signatory(ies) to commit the Tenderer

[and, if applicable]

Attachment 2:[ITT Sub Clause 29.2(b)]Copy of the JVCA Agreement / Letter of Intent to form JVCA with draft proposed Agreement

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Tenderer Information (Form PW3-2)

[This Form should be completed only by the Tenderer, preferably on its Letter-Head Pad]

Invitation for Tender No: [indicate IFT No]

Tender Package No: [indicate Package No]

This Package is divided into the following Number of Lots: [indicate number of Lot(s)]

1. Eligibility Information of the Tenderer [ITT –Clauses 5 & 29]

1.1 Nationality of individual or countryof registration

1.2 Tenderer’s legal title

1.3 Tenderer’s registered address

1.4 Tenderer’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Others[please describe, if applicable]

1.5 Tenderer’s year of registration

1.6 Tenderer’s authorised representative details

Name

National ID number

Address

Telephone / Fax numbers

e-mail address

1.7 Litigation [ITT Cause 13]

If there is no history of litigation or no pending litigation then state opposite “None”. If thereis a history of litigation, or a number of awards, against the Tenderer provide details below

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A. Arbitration Awards made against

Year Matter in dispute Value ofAward

Value ofClaim

B. Arbitration Awards pending

Year Matter in dispute Value of Claim

1.8 Tenderer to attach photocopies ofthe original documents mentionedaside [All documents required under ITT Clauses 5 and 29]

The following two information are applicable for National Tenderers

1.9 Tenderer’s Value Added TaxRegistration (VAT) Number

1.10 Tenderer’s Tax IdentificationNumber(TIN)

[The foreign Tenderers, in accordance with ITT Sub Clause 5.1, shall provide evidence by awritten declaration to that effect to demonstrate that it meets the criterion]

2. Qualification Information of the Tenderer [ITT Clause 32]

2.1 General Experience in Construction Works of Tenderer

StartMonthYear

EndMonthYear

Years Contract No and Name of ContractName and Address of Procuring EntityBrief description of Works

Role ofTenderer[Prime/Sub/Management]

2.2 Specific Experience in Construction Works of TendererCompleted Contracts of similar nature, complexity and methods/construction technology

Contract No

Name of Contract

[ insert reference no] of [ insert year]

[insert name]

Role in Contract[tick relevant box].

Prime Contractor Subcontractor Management Contractor

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Award dateCompletion dateTotal Contract Value

[insert date][insert date][insert amount]

Procuring Entity’s NameAddressTel / Faxe-mail

Brief description withjustifications of thesimilarity compared to theProcuring Entity’srequirements

[state justification in support of its similarity compared to theproposed works]

2.3 Average annual construction turnover [ITT Sub Clause15.1(a)][amount invoiced to Procuring Entity(s) for each year of works in progress or completed,using rate of exchange at the end of the period reported]

Year Amount & Currency Taka or Equivalent Taka

2.4 Financial Resources available to meet the construction cash flow [ITT Sub Clause 15.1(b)]

No Source of Financing Amount Available

In order to confirm the above statements the Tenderer shall submit , as applicable, the documentsmentioned in ITT Sub Clause 32.1(a), (b), (c) & (d)

2.5 Contact Details [ITT Sub Clause 32.1 (g) & (i)

Name, address, and other contact details of Tenderer Bankers and other Procuring Entity(s)that may provide references, if contacted by this Procuring Entity

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2.6 Qualifications and experience of key technical and administrative personnel proposed forContract administration and management [ITT Sub Clause 32.1(e)]

PositionNameYears of General Experience

Years of Specific Experience

[Tenderer to complete details of as many personnel as are applicable. Each personnel listedabove should complete the Personnel Information (Form PW3-5)]

2.7 Major Construction Equipments proposed to carry out the Contract [ITT Sub Clause32.1(f)]

Item of EquipmentCondition(new, good,average, poor)

Owned, leased or tobe purchased(state owner, lessoror seller)

[Tenderer to list details of each item of major construction equipment, as applicable]

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JVCA Partner Information (Form PW3-3)

[This Form should be completed by each JVCA partner].

Invitation for Tender No: [indicate IFT No]

Tender Package No [indicate Package No]

This Package is divided into the following Number of Lots [indicate number of Lot(s)]

1. Eligibility Information of the JVCA Partner [ITT –Clauses 5 & 29]

1.1 Nationality of Individual or countryof Registration

1.2 JVCA Partner’s legal title

1.3 JVCA Partner’s registered address

1.4 JVCA Partner’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Other(please describe, if applicable)

1.5 JVCA Partner’s year of registration

1.6 JVCA Partner’s authorised representative details

Name

National ID number

Address

Telephone / Fax numbers

e-mail address

1.7 Litigation [ITT Sub Cause 13]

If there is no history of litigation or no pending litigation then state “None”. If there is ahistory of litigation, or a number of awards, against the JVCA Partner provide details below:

A. Arbitration Awards made against

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Year Matter in dispute Value ofAward

Value ofClaim

B. Arbitration Awards pending

Year Matter in dispute Value of Claim

1.8 JVCA Partner to attach copies ofthe original documents mentionedaside [All documents required under ITT Clauses 5 and 29]

The following two information are applicable for national JVCA Partners only

1.9 JVCA Partner’s Value Added TaxRegistration (VAT) Number

1.10 JVCA Partner’s Tax IdentificationNumber (TIN)

[The foreign JVCA Partners, in accordance with ITT Sub Clause 5.1, shall provide evidence by awritten declaration to that effect to demonstrate that it meets the criterion]

2. Key Activity(ies) for which it is intended to be joint ventured [ITT Sub Clause 18.2 & 18.3]

Elements of Activity Brief description of Activity

3. Qualification Information of the JVCA Partner [ITT Clause 32]

3.1 General Experience in Construction Works of JVCA Partner

StartMonthYear

EndMonthYear

Years Contract No and & Name of ContractName and Address of Procuring EntityBrief description of Works

Role ofJVCAPartner[Prime/Sub/Management]

3.2 Specific Experience in Construction Works of JVCA PartnerCompleted Contracts of similar nature, complexity and methods/construction technology

Contract No

Name of Contract

[ insert reference no] of [ insert year]

[insert name]

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Role in Contract[tick relevant box]

Prime Contractor Subcontractor Management Contractor

Award dateCompletion dateTotal Contract Amount

[insert date][insert date][insert amount]

Procuring Entity’s NameAddressTel / Faxe-mailBrief description withjustifications of thesimilarity compared tothe Procuring Entity’srequirements

[state justification in support of its similarity compared to theproposed works]

3.3 Average annual construction turnover [ITT Sub Clause 15.1 (a)][amount invoiced to Procuring Entity(s) for each year of work in progress or completed,using rate of exchange at the end of the period reported]

Year Amount & Currency Taka or Equivalent Taka

3.4 Financial Resources available to meet the construction cash flow [ITT Sub-Clause 15.1(b)]

No Source of financing Amountavailable

In order to confirm the above statements the JVCA Partner shall submit , as applicable, thedocuments mentioned in ITT Sub Clause 32.1 (a), (b), (c) & (d)

3.5 Contact Details [ITT Sub Clause 32.1 (g) & (i)

Name, address, and contact details of Tenderer’s Bankers and other Procuring Entity(s)

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that may provide references if contacted by this Procuring Entity

3.6 Qualifications and experience of key technical and administrative personnel proposed forContract administration and management [ITT Sub Clause 32.1(e)]

PositionNameYears of General Experience

Years of Specific Experience

[Tenderer to complete details of as many personnel as are applicable. Each personnellisted above should complete the Personnel Information (Form PW3-5)]

3.7 Major items of Construction Equipment proposed for carrying out the works [ITT Sub-Clause 32.1(f)]

Item of Equipment Condition(new, good,average, poor)

Owned, leased or tobe purchased(state owner, leaseror seller)

[Tenderer to list details of each item of Major equipment, as applicable]

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Subcontractor Information (Form PW3-4)

[This Form should be completed by each Subcontractor, preferably on its Letter-Head Pad]

Invitation for Tender No: [indicate IFT No]

Tender Package No [indicate Package No]

This Package is divided into the following Number of Lots [indicate number of Lot(s)]

1. Eligibility Information of the Subcontractor [ITT –Clauses 5 & 29]

1.1 Nationality of Individual or countryof Registration

1.2 Subcontractor’s legal title

1.3 Subcontractor’s registered address

1.4 Subcontractor’s legal status [complete the relevant box]

Proprietorship

Partnership

Limited Liability Concern

Government-owned Enterprise

Other(please describe)

1.5 Subcontractor’s year of registration

1.6 Subcontractor’s authorisedrepresentative details

Name

Address

Telephone / Fax numbers

e-mail address

1.7 Subcontractor to attach copies ofthe following original documents

All documents to the extent relevant to ITT Clause 5and 29 in support of its qualifications

The following two information are applicable for national Subcontractors

1.8 Subcontractor’s Value Added TaxRegistration (VAT) Number

1.9 Subcontractor’s Tax IdentificationNumber(TIN)

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[The foreign Subcontractors , in accordance with ITT sub Clause 5.1, shall provide evidence by awritten declaration to that effect to demonstrate that it meets the criterion]

2. Key Activity(ies) for which it is intended to be Subcontracted [ITT Sub Clause 19.1]

2.1 Elements of Activity Brief description of Activity

2.2 List of Similar Contracts in which the proposed Subcontractor had been engaged

Name of Contractand Year ofExecution

Value of Contract

Name of ProcuringEntity

Contact Person andcontact details

Type of Workperformed

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Personnel Information (Form PW3-5)[This Form should be completed for each person proposed by the Tenderer on Form PW3-2 & PW3-3, where applicable]

Invitation for Tender No: [indicate IFT No]

Tender Package No [indicate Package No]

This Package is divided into the following Number of Lots [indicate number of Lot(s)]

A. Proposed Position (tick the relevant box)

Construction ProjectManager

Prime Candidate Alternative Candidate

Key Personnel Prime Candidate Alternative Candidate

B. Personal Data

Name

Date of Birth

Years overall experience

National ID Number

Years of employment with theTenderer

Professional Qualifications:

1.

2.

3.

4.

C. Present Employment [to be completed only if not employed by the Tenderer]

Name of Procuring Entity:

Address of Procuring Entity:

Present Job Title:

Years with present Procuring Entity:

Tel No: Fax No: e-mail address:

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Contact [manager/personnel officer]:

D. Professional Experience

Summarise professional experience over the last twenty years, in reverse chronological order.Indicate particular technical and managerial experience relevant to the project.

From To Company / Project / Position / Relevant technical and managementexperience.

1

2

3

4

5

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Manufacturer’s Authorization & Warranty/Guarantee Letter(Form PW3 – 5a)

[The Tenderer shall require the Manufacturer to fill in this Form in accordance with the instructions indicated. Thisletter of authorization should be on the letterhead of the Manufacturer and should be signed by a person with theproper authority to sign documents that are binding on the Manufacturer. The Tenderer shall include it in itstender, if so indicated in the TDS as stated under ITT Sub-Clause ITT [ 24.1 (l) 1]

Invitation for Tender No: Date:

Tender Package No:

Tender Lot No:

To:[Name and address of Purchaser]

WHEREASWe [insert complete name of Manufacturer],who are official manufacturers of [insert type of goods manufactured], having factories at[insert full address of Manufacturer’s factories], do herebyauthorize [insert complete name of Tenderer] to supply the following Goods,manufactured by us [insert name and or brief description of the Goods].We hereby extend our full guarantee and warranty as stated under GCC (PCC)Clause 57.1 of the General Conditions of Contract, with respect to the Goods offeredby the above Tenderer.Signed: [insert signature(s) of authorized representative(s) of the Manufacturer]Name: [insert complete name(s) of authorized representative(s) of the Manufacturer]Address: [insert full address including Fax and e-mail]Title: [insert title]

Date: [insert date of signing]

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Bank Guarantee for Tender Security (Form PW3-6)

[This is the format for the Tender Security to be issued by a scheduled bank of Bangladesh or by a foreign bankduly endorsed/authenticated by a scheduled bank of Bangladesh in accordance with ITT Clause 35 & 36]

Invitation for Tender No: Date:

Tender Package No:

To:

[Name and address of the Procuring Entity]

TENDER GUARANTEE No:

We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends tosubmit to you its Tender dated [date of Tender] (hereinafter called “the Tender”) for the executionof the Works of [description of works] under the above Invitation for Tenders (hereinafter called“the IFT”).

Furthermore, we understand that, according to your conditions, the Tender must be supported bya Bank Guarantee for Tender Security.

At the request of the Tenderer, we [name of bank] hereby irrevocably undertake to pay you,without cavil or argument, any sum or sums not exceeding in total an amount of Tk [insertamount in figures and words] upon receipt by us of your first written demand accompanied by awritten statement that the Tenderer is in breach of its obligation(s) under the Tender conditions,because the Tenderer:

a. has withdrawn its Tender after opening of Tenders but within the validity of theTender Security; or

b. refused to accept the Notification of Award (NOA) within the period as stated underITT; or

c. failed to furnish Performance Security within the period stipulated in the NOA; ord. refused to sign the Contract Agreement by the time specified in the NOA; ore. did not accept the correction of the Tender price following the correction of the

arithmetic errors as stated under ITT.

This guarantee will expire

(a) if the Tenderer is the successful Tenderer, upon our receipt of a copy of theContract Agreement signed by the Tenderer or a copy of the PerformanceSecurity issued to you in accordance with the ITT; or

(b) if the Tenderer is not the successful Tenderer, twenty eight (28) days after theexpiration of the Tenderer’s Tender validity period, being [date of expiration of theTender validity plus twenty eight (28) days ].

Consequently, we must receive at the above-mentioned office any demand for payment underthis guarantee on or before that date.

Signature Signature

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Notification of Award (Form PW3-7)

Contract No: Date:To:

[Name of Contractor]

This is to notify you that your Tender dated [insert date] for the execution of the Works for[name of project/Contract] for the Contract Price of Tk [state amount in figures and in words],as corrected and modified in accordance with the Instructions to Tenderers, has beenapproved by [name of Procuring Entity].

You are thus requested to take following actions:

i. accept in writing the Notification of Award within seven (7) working days ofits issuance pursuant to ITT Sub Clause 63.1

ii. furnish a Performance Security in the form as specified and in the amountof Tk [state amount in figures and words] ,within fourteen (14) days ofacceptance of this Notification of Award but not later than (specify date),in accordance with ITT Clause 65.

iii. sign the Contract within twenty eight (28) days of issuance of thisNotification of Award but not later than (specify date), in accordance withITT Sub Clause 69.2.

You may proceed with the execution of the Works only upon completion of the above tasks.You may also please note that this Notification of Award shall constitute the formation of thisContract which shall become binding upon you.

We attach the draft Contract and all other documents for your perusal and signature.

Signed

Duly authorised to sign for and on behalf of[name of Procuring Entity]

Date:

TD for Sirajganj 2MW Wind Power Plant 108

Contract Agreement (Form PW3-8)

THIS AGREEMENT made the [day] day of [month] [year] between [name and address ofProcuring Entity] (hereinafter called “the Procuring Entity”) of the one part and [name andaddress of Contractor] (hereinafter called “the Contractor”) of the other part:

WHEREAS the Procuring Entity invited Tenders for certain works, viz, [brief description of works]and has accepted a Tender by the Contractor for the execution of those works in the sum ofTaka [Contract price in figures and in words] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the General Conditions of Contract hereafter referred to.

2. The documents forming the Contract shall be interpreted in the following order of priority:(a) the signed Contract Agreement

(b) the Notification of Award

(c) the completed Tender and the appendices to the Tender

(d) the Particular Conditions of Contract

(e) the General Conditions of Contract

(f) the Technical Specifications

(g) the General Specifications

(h) the Drawings

(i) the priced Bill of Quantities and the Schedules

(j) any other document listed in the PCC forming part of the Contract.

3. In consideration of the payments to be made by the Procuring Entity to the Contractor ashereinafter mentioned, the Contractor hereby covenants with the Procuring Entity toexecute and complete the works and to remedy any defects therein in conformity in allrespects with the provisions of the Contract.

4. The Procuring Entity hereby covenants to pay the Contractor in consideration of theexecution and completion of the works and the remedying of defects therein, the ContractPrice or such other sum as may become payable under the provisions of the Contract atthe times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance with the laws of Bangladesh on the day, month and year first written above.

For the Procuring Entity For the Contractor

SignatureName

National ID No.Title

In the presenceofNameAddress

TD for Sirajganj 2MW Wind Power Plant 109

Bank Guarantee for Performance Security (Form PW3-9)[This is the format for the Performance Security to be issued by a scheduled bank of Bangladesh or by a foreignbank duly endorsed/authenticated by a scheduled bank of Bangladesh in accordance with ITT Clause 64, 65, 66

& 67]

Contract No: [insert reference number] Date: [insert date]

To:

[ insert Name and address of Procuring Entity]

PERFORMANCE GUARANTEE No:

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) hasundertaken, pursuant to Contract No [insert reference number of Contract] dated [insert date ofContract] (hereinafter called “the Contract”), the execution of works [description of works] underthe Contract.

Furthermore, we understand that, according to your conditions, the Contract must be supportedby a Bank Guarantee for Performance Security.

At the request of the Contractor, we [name of bank] hereby irrevocably undertake to pay you,without cavil or argument, any sum or sums not exceeding in total an amount of Tk [insertamount in figures and in words] upon receipt by us of your first written demand accompanied bya written statement that the Contractor is in breach of its obligation(s) under the Contractconditions, without you needing to prove or show grounds or reasons for your demand of thesum specified therein.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at theabove-mentioned office any demand for payment under this guarantee on or before that date.

Signature Signature

TD for Sirajganj 2MW Wind Power Plant 110

Bank Guarantee for Advance Payment (Form PW3-10) - NotApplicable

[This is the format for the Advance Payment Guarantee to be issued by a scheduled bank of Bangladesh or by aforeign bank duly endorsed/authenticated by a scheduled bank of Bangladesh in accordance with GCC Clause

75]

Contract No: [insert reference number] Date: [insert date]

To:

[insert Name and address of the ProcuringEntity]

ADVANCE PAYMENT GUARANTEE No:

We have been informed that [name of Contractor] (hereinafter called “the Contractor”) hasundertaken, pursuant to Contract No [insert reference number of Contract] dated [insert date ofContract] (hereinafter called “the Contract”), the execution of works [description of works] underthe Contract.

Furthermore, we understand that, according to your Conditions of Contract under GCC Clause75, the Advance Payment on Contract must be supported by a Bank Guarantee.

At the request of the Contractor, we [insert name of bank] hereby irrevocably undertake to payyou, without cavil or argument, any sum or sums not exceeding in total an amount of Tk [insertamount in figures and in words] upon receipt by us of your first written demand accompanied bya written statement that the Contractor is in breach of its obligation(s) under the Contractconditions, without you needing to prove or show grounds or reasons for your demand of thesum specified therein.

We further agree that no change, addition or other modification of the terms of the Contract to beperformed, or of any of the Contract documents which may be made between the ProcuringEntity and the Contractor, shall in any way release us from any liability under this guarantee, andwe hereby waive notice of any such change, addition or modification.

This guarantee is valid until [insert date of validity of guarantee], consequently, we must receiveat the above-mentioned office any demand for payment under this guarantee on or before thatdate.

Signature Signature

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Bank Guarantee for Retention Money Security (Form PW3-11) – N/A[This is the format for the Retention Money Guarantee to be issued by a scheduled bank of Bangladesh or by a foreign

bank duly endorsed/authenticated by a scheduled bank of Bangladesh in accordance with GCC Sub Clause 72.3]

Demand Guarantee

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: [insert Name and Address of the Procuring Entity]

Date: [insert date]

RETENTION MONEY GUARANTEE No.: [insert number]

We have been informed that [insert name of Contractor] (hereinafter called "the Contractor") hasentered into Contract Number [insert reference number of the Contract] dated [insert date] with you,for the execution of [insert name of Contract and brief description of Works] (hereinafter called "theContract").

Furthermore, we understand that, according to the conditions of the Contract, when the Taking-OverCertificate has been issued for the Works and the first half of the Retention Money has been certifiedfor payment, payment of Tk. [insert the amount of the second half of the Retention Money] whichbecomes due after the Defects Liability Period has passed and certified in the form of DefectsCorrection Certificate, is to be made against a Retention Money Guarantee.

At the request of the Contractor, we [insert name of Bank] hereby irrevocably undertake to pay youany sum or sums not exceeding in total an amount of Tk. [insert amount in figures] (Taka [insertamount in words]) upon receipt by us of your first demand in writing accompanied by a writtenstatement stating that the Contractor is in breach of its obligation under the Contract because theContractor failed to properly correct the defects duly notified in respect of the Works.

It is a condition for any claim and payment under this guarantee to be made that the payment of thesecond half of the Retention Money referred to above must have been received by the Contractor onits account number[insert A/C no] at [name and address of Bank].

This guarantee is valid until [insert the date of validity of Guarantee that being twenty eight (28)days beyond the Defects Liability Period]. Consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on or before that date.

Signature Signature

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Deviation List (Form PW3-12)[If Tenderer has any reservations on terms and conditions, Tenderer has to mention

his reservations in Deviation list]

Sl. No. Reference No./ Clause No. Proposed Deviation Remarks

[Add rows if necessary]

Signature: [insert signature of authorisedrepresentative of the Tenderer]

Name: [insert full name of signatory]

In the capacity of: [insert designation of signatory]Duly authorised to sign the Tender for and on behalf of the Tenderer

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Section 6.Bill of Quantities & Schedule of Requirements

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SECTION-6 Bill of Quantities(Schedules of Rates and Prices)

Design, Supply, Installation, Testing and Commissioning of 2 MW Capacity Wind Power Plant on turnkey basis at the bank of the RiverJamuna adjacent to the existing Sirajganj 150 MW Power Plant , Sirajganj, Bangladesh Including 6(six) Years (1.5 years warranty forinstallation works and next 4.5 years O&M) Operation & Maintenance (O&M) of Plant with associated Evacuation Line.

The Tenderer shall fill-up the following table of prices and shall include the same in the financial proposal

Schedule-1.1Price Schedule for Supply of Materials,Spares and Consumables (Manufactured outside Bangladesh, to be imported):

Sl.No

Item Name Unit QtyUnit CIF in

Foreign Currency(FC)

Total CIF inForeign

Currency(FC)

Bangladesh Taka (LC) Total amountInsurance for

Transportationup to Site

Port Clearanceand Inland

Transportation

FC LC

1 2 3 4 5=3x4 6 7 8=5 9=6+7

1 Wind Turbines (including Blades ), offeredcapacity, 2MW (Each Wind Turbine capacity

250 KW) with related accessoriesSet 8

2 Towers for offered Wind Turbines (Height ofthe Tower 50 Meter)

Set 8

3 On grid Controller ( Each Capacity 250 KW) Set 84 On grid Inverter ( Each Capacity 250 KW) Set 85 Switch Gear & Protection Equipments (Control

Panels, lightning arrestors, breakers, control &Power Cables, Energy Meter etc)

Lot 1

6 Power Transformer Set 8

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Sl.No

Item Name Unit QtyUnit CIF in

Foreign Currency(FC)

Total CIF inForeign

Currency(FC)

Bangladesh Taka (LC) Total amountInsurance for

Transportationup to Site

Port Clearanceand Inland

Transportation

FC LC

1 2 3 4 5=3x4 6 7 8=5 9=6+7

0.415/11 kV, 3 phase, 315 KVA

& accessories (LA, DOF cut out, MCCB,Mounting Structures etc. complete in all respect)

7 Power Evacuation Facilities (11 kV EvacuationLines from the control room up to the nearestpoint of the NWPGL's existing 11 kV line)

Lot 1

8 Spares/ materials & consumables required for1.5 years Warranty period of 2 MW Wind PowerPlant

Lot 1

9 Spares/ materials & consumables required for4.5 years O & M Service of 2 MW Wind PowerPlant

Lot 1

10 Other required materials/ spares (If Any) Lot 1Total Sch. 1.1

N.B.:- If the Tenderer deemed necessary any additional spares/works out of the list of tender schedule , shall quote as mentioned in the price

schedule . If during the course of work, the Contractor finds any additional supply/work required to be carried out, that additional work shall alsobe done by the Contractor including supply of necessary spares/materials/ consumables to complete the said additional work within theContract price. No additional payment shall be allowed in this respect.

- If the tenderer filled up schedule 1.1, it is not required to fill up schedule 1.2 and schedule 1.3

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Schedule-1.2Price Schedule for Supply of Materials, Spares and Consumables(Manufactured outside Bangladesh, already imported):

Sl. No Description of Item Unit Quantity Rate upto site inBangladesh Taka

Total Amount upto site inBangladesh Taka

1 2 3 4 5 6=4x51 Wind Turbines (including Blades ), offered

capacity, 2MW (Each Wind Turbinecapacity 250 KW) with related accessories

Set 8

2 Towers for offered Wind Turbines (Heightof the Tower 50 Meter) Set 8

3 On grid Controller ( Each Capacity 250KW)

Set 8

4 On grid Inverter ( Each Capacity 250 KW) Set 85 Switch Gear & Protection Equipments

(Control Panels, lightning arrestors,breakers, control & Power Cables, EnergyMeter etc)

Lot 1

6 Power Transformer

0.415/11 kV, 3 phase, 315 KVA

& accessories (LA, DOF cut out, MCCB,Mounting Structures etc. complete in allrespect)

Set 8

7 Power Evacuation Facilities (11 kVEvacuation Lines from the control room upto the nearest point of the NWPGL'sexisting 11 kV line)

Lot 1

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Sl. No Description of Item Unit Quantity Rate upto site inBangladesh Taka

Total Amount upto site inBangladesh Taka

1 2 3 4 5 6=4x58 Spares/ materials & consumables required

for 1.5 years Warranty period of 2 MWWind Power Plant

Lot 1

9 Spares/ materials & consumables requiredfor 4.5 years O & M Service of 2 MW WindPower Plant

Lot 1

10 Other required materials/ spares (If Any) Lot 1Total Sch. 1.2

N.B.:- If the Tenderer deemed necessary any additional spares/works out of the list of tender schedule , shall quote as mentioned in the priceschedule . If during the course of work, the Contractor finds any additional supply/work required to be carried out, that additional work shall alsobe done by the Contractor including supply of necessary spares/materials/ consumables to complete the said additional work within theContract price. No additional payment shall be allowed in this respect.

- If the tenderer filled up schedule 1.2, it is not required to fill up schedule 1.1 and schedule 1.3

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Schedule-1.3Price Schedule for Supply of Materials, Spares and Consumables (Manufactured in Bangladesh):

Sl. No Description of Item Unit Quantity Rate upto site inBangladesh Taka

Total Amount upto site inBangladesh Taka

1 2 3 4 5 6=4x51 Wind Turbines (including Blades ), offered

capacity, 2MW (Each Wind Turbine capacity 250KW) with related accessories

Set 8

2 Towers for offered Wind Turbines (Height ofthe Tower 50 Meter) Set 8

3 On grid Controller ( Each Capacity 250 KW) Set 8

4 On grid Inverter ( Each Capacity 250 KW) Set 85 Switch Gear & Protection Equipments (Control

Panels, lightning arrestors, breakers, control &Power Cables, Energy Meter etc)

Lot 1

6 Power Transformer

0.415/11 kV, 3 phase, 315 KVA

& accessories (LA, DOF cut out, MCCB,Mounting Structures etc. complete in all respect)

Set 8

7 Power Evacuation Facilities (11 kV EvacuationLines from the control room up to the nearestpoint of the NWPGL's existing 11 kV line)

Lot 1

8 Spares/ materials & consumables required for1.5 years Warranty period of 2 MW Wind PowerPlant

Lot 1

9 Spares/ materials & consumables required for4.5 years O & M Service of 2 MW Wind Power Lot 1

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Sl. No Description of Item Unit Quantity Rate upto site inBangladesh Taka

Total Amount upto site inBangladesh Taka

1 2 3 4 5 6=4x5Plant

10 Other required materials/ spares (If Any) Lot 1

Total Sch. 1.3N.B.:- If the Tenderer deemed necessary any additional spares/works out of the list of tender schedule , shall quote as mentioned in the priceschedule . If during the course of work, the Contractor finds any additional supply/work required to be carried out, that additional work shall alsobe done by the Contractor including supply of necessary spares/materials/ consumables to complete the said additional work within theContract price. No additional payment shall be allowed in this respect.

- If the tenderer filled up schedule 1.3, it is not required to fill up schedule 1.1 and schedule 1.2

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Schedule- 1.4Services for Works:

SLNo.

Description Qty TotalForeign

Currency

TotalBangladesh

Taka1 Land Development 1 Lot2 Soil testing for each wind turbine installation point (min. 8 Nos) 1 Lot3 Foundation works of all the wind turbines (8 Nos) 1 Lot4 Earth Fillings for foundations of the Eight control room buildings 1 Lot5 Design, supply and constructions of a 20ftX20ft single storied

control room for Wind Turbine of proposed power plant ( 7 Nos) 1 Lot

6 Design, supply and constructions of a 30ftX30ft single storiedOffice-Cum-Control Room for Wind Turbine NO.4 of proposedpower plant.

1 Lot

7 Installation, Testing & Commissioning of 2 MW Wind Power Plant 1 Lot8 Any other works (if required) 1 Lot

Total Sch. 1.4

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Schedule- 1.5Services for Operation and Maintenance: Operation and Maintenance Services for 6 years.

SL No. Description Qty Period Cost per year inBangladesh Taka

Total cost forSix (06) years

1. Yearly Services for Operation & Maintenance (O & M) of theplant(1 Wind Energy Consultant, 1 Project Manager, 5 SeniorTechnicians for 3 shifts)

1 Lot Six (06) years

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Summary of prices :

Sch No. Description Total Foreign Currency Total Bangladesh Taka

Sch No. 1.1 Supply of Materials,Spares andConsumables (Manufactured outsideBangladesh, to be imported)

Sch No. 1.2 Supply of Materials,Spares andConsumables (Manufactured outsideBangladesh, already imported)

Sch No. 1.3 Supply of Materials,Spares andConsumables (Manufactured in Bangladesh)

Sch No. 1.4 Services for Works

Sch No. 1.5 Services for Operation and Maintenance

Total:

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Section 7. General Specification

SCOPE OF WORK AND TECHNICAL DATA

7.1 Introduction:

The changing climate is one of the major challenges we face today. Rise in Globalaverage temperatures, increase in sea levels and melting of glaciers and ice sheetshave underlined the immediate need to address this issue. Least DevelopedCountries like Bangladesh is more vulnerable to the impacts of climate change.Natural climates induced by climate change will have significant impact on economyand development of the country. Essentially, we need to tackle the problem ofincreasing concentration of green house gas (Carbon) emissions. To reduce carbonemission we need to promote clean and efficient technologies and harnessrenewable energy sources. In order to overcome the above problems, BangladeshPower Development Board is going to set up a 2 MW Wind Power Plant on fullturnkey basis at Sirajganj District in Bangladesh. The Power Plant will be installed inKhas Land.

The bidder will arrange suitable and adequate khas land at the bank of the RiverJamuna adjacent to the existing Sirajganj 150 MW Power Plant, Sirajganj,Bangladesh to implement the project. BPDB will assist to arrange the khas land. Theland should have clear title and free from any encumbrances, encrochments orlitigation. The bidder will submit the approval of Land to implement the project fromthe concerned authority.

This will be Grid-tied system.

7.2 Location of the Plant:

The plant will be set up at nearby existing Sirajganj 150 MW Power Plant of SirajganjDistrict in Bangladesh located at 24.3141º N and 89.5700º E.

7.3 Climate Data of the proposed Site:The following climate data of the location of the Wind Power Plant must be taken intoaccount during plant design:

Climate Type : Tropical, Significant rainfall, shortdry season

Annual Average Temperature : 28.70 C (Maximum)Annual Average Temperature : 20.20 C (Minimum)Average Daily Temperature : 21.50 CRelative Humidity : 75% - 90%Average Annual Rain fall : 2910 mm.Maximum Wind Velocity : 200 km/ hourAltitude : 2 meters above sea level.

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7.4 Scope of Work:7.4.1General:

The project scope will include, but is not limited to, the following broad areas. Moredetails are provided later in the sections below. This specification mostly defines thefunctional design and operational requirements. It also provides site specific data anddefines the environmental constraints within which the plant must operate. The workstated in this specification shall cover design, engineering, manufacture, testing,packing, forwarding, supply, transportation, unloading, storage, installation andcommissioning, O & M in warrantee period, civil construction, distribution networkexpansion and development, Operation & Maintenance of a 2 MW Wind Power Plantat the bank of Jamuna River beside of Sirajganj 150 MW Power Plant, SirajganjDistrict in Bangladesh on full turnkey basis. For 6 years O & M Service of the plantpersonnels should have following experiences.

Wind Energy Specialist, Project Manager & Engineers shall have the followingqualifications and experience: (Ref. ITT 16.1 (a))

Wind Energy Specialist Qualification: M.Sc/B.Sc Engineering(Electrical/Renewable Energy/Mechanical)

Project Manager Qualification: B.Sc Engineering (Electrical/Mechanical) Experience: 10 years experience in related field. Technician, Foreman, Semi skilled & unskilled technicians as required

The work shall be carried out in accordance with the conditions of this document andshall include followings:

1. Design, engineering, manufacture and supply at site of suitable low voltage, 50Hz, upwind / downwind, horizontal axis Wind Electric Generators (WEGs) in therange of 250 kW and above rating complete with accessories as may be requiredfor erection, commissioning and successful continuous operation of 2 MWcapacity wind energy farm with the grid.

2. Design, engineering, manufacture and supply at site of towers suitable for WEGs3. Design, engineering, manufacture and supply at site of wind farm internal

electrical system.4. Design, engineering, manufacture and supply at site of Grid interfacing

equipments including transformers, HT lines, panels, kiosks, protectionequipment, metering equipment for evacuation of power from the wind powerplant to the existing 11 KV line of NWPGL (North West Power GenerationCompany Limited) (about 1 km away from Wind Power Plant).

5. Design, engineering, manufacture and supply of tri-vector type energy meter(s)for recording data regarding export and import of power to/from grid and alsorecording KVAH & KVARH data on real time basis.

6. Design, engineering, manufacture and supply of all control system to givecommand toWEGs, receive data, processing and getting required report on energygeneration, windspeed etc.

7. Design, engineering, manufacture and supply Centralized Monitoring and ControlSystem on sharing basis .

8. Design, engineering, manufacture and supply of any item not specified butessential for the wind farm.

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9. Performance testing of the complete system10. Survey, preparation of drawing, land development, landscaping of the proposed

site.11. Supply and construction of all civil and building works for the power plant.12. Supply of protection and control system, communication facilities etc.13. Construction of 1 km 11 KV Power Evacuation line, poles and pole fittings as per

BPDB's standard.

The contractor shall also be responsible for all the required activities for the successfulrunning, guaranteed energy generation & maintenance of the wind farm including windfarm electric’s covering.

1) Deputation of engineering and supporting personnel2) Deputation of security personnel3) Successful running of WEG(s) for guaranteed maintaining of records registers4) Monitoring controlling trouble shooting maintaining of record, register5) Supply of all spares, consumables and fixing /application of the same as WEG(s).6) Supply & use of consumables such as grease oil etc throughout the maintenance

period as per recommendation of the equipment manufacturers7) Conducting periodical checking testing, overhauling and preventive action8) General up keeping of all equipments, building, roads wind farm land area.

Continuous monitoring the performance of the wind electric generators and regularmaintenance of the whole system including Wind Turbine, On-grid Controller, On-gridInverters etc. are necessary for extracting and maintaining the maximum energy outputfrom the wind farm.

7.4.2 GRID CONDITIONS:

The WEGs shall be capable of operating under the following grid conditions as perGrid Code 2012:Frequency Range : 47.5 to 52 Hz,Voltage : ± 10%Power factor: 0.8 lagging to 0.95 leading

The WEGs shall have adequate protection and control to operate in parallel andsynchronized manner with grid. The tolerance limits indicated may, however, beexceeded in actual conditions and the WEGs shall be protected from damagesagainst such exceeding of limits.

7.4.3 DESIGN CRITERIA:

The WEGs should be suitably designed to perform satisfactorily in Bangladeshiclimatic conditions with particular reference to offered site. All material, components,sub-assemblies and equipments should be absolutely brand new. The blades shouldbe designed based on standard specifications such as IEC 61400-1 which may beindicated by number, date of issue, authority of issue.

7.4.4 TYPE AND RATING OF WEGS:

The WEGs shall be:i. Of rating of 250 kWii. Upwind typeiii. Three blade typeiv. Horizontal axis with active yawing

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v. Power Regulation (Pitch/Stall)vi. Grid compatible typevii. variable speedviii. Of having survival wind speed capable to withstand cyclonic effect in the offeredarea.ix. Generator having insulation class 'F' or better.

7.4.5 MECHANICAL SYSTEMS

BLADE / ROTORThe Wind Turbine is to be equipped with a 3-blade up wind Pitch/Stall regulatedmachines, with an improved overall efficiency. In turbines the rotor directly drives thesynchronous generator, without the use of a gearbox. The generated energy is fed intothe grid via a modern back-to-back full-power converter which controls the output, sogrid requirements can be met. This makes the turbine suitable to operate in weak grids.The blades are made of High efficiency FRP material, unidirectional high strength glassfiber, modernization craft vacuum cast technique synthesis.

HUB FRAME

The hub frame is the connection point of the blades to the main shaft. In theframe the synchronization mechanism and the blade hinges for flexible mountingof the blades are located. The blade hinges are provided with maintenance-freebearings. By means of a flanged connection the hub frame is mounted to the mainshaft.

NACELLE

The FRP nacelle frame is constructed of welded steel beams that support the mainshaft, generator etc. The yaw system is inside the frame and allows the connection tothe tower. The nacelle can be reached by a ladder inside/outside the tower.

TOWER:

Tower may be either lattice type, or tubular (steel or pre-stressed concrete) type.Lattice tower shall be galvanized, tubular steel /concrete tower may be painted withanti corrosion paint as per specifications & in accordance with International standards.Where tubular towers are provided for Stall regulated WEGs using tip spoilers, thetower should preferably have inspection door for tips spoilers checking andmaintenance. Suitable numbers of sets of template to fix the foundation bolts in theconcrete should be supplied. The tower should have convenient climbing devices andsuitable landing platforms. Safety arrangements e.g. rope, belts etc. should beprovided. Necessary foundation bolts/anchor plates/stubs should also be supplied. Theexposed portion of the foundation bolts should be galvanized/ painted with anticorrosive paint.

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Fig: Flow diagram of Grid-tied Wind Turbine Generator

7.4.6 ELECTRICAL SYSTEMSGENERATOR:

The generator shall be of three phase Permanent magnet synchronous type andcompatible for 50 Hz grid connection which is able to generate a maximum nominalpower of 250 kW . The generator shall be designed for tropical environment and inaccordance with relevant international standards, which should be stated in the offer in

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adequate detail. The rated output and voltage shall match the varying availability ofwind on the one hand and all possible grid conditions on the other. The insulation classshould be F or better. Variable speed WEGs are offered, the power electronics shall besuitable for grid conditions. Suitable device to monitor and control the temperature forensuring proper functioning of all the equipments shall be provided. Successful biddershall supply a copy of type test report and routine test reports for each Generator.Generators shall be provided with temperature sensors and installed in the statorwinding being part of the generator protection system. Generator windings etc. must bespecial corrosion protected to cope with condensation problem caused by the high RH–temperature gradient on the site. Generator should be protected against short circuit,earth fault and overload.

l. The following information must be mentioned in Wind Turbine Generator:

i. Name of the manufacturer of Wind Turbine Generator.iii. Month & Year of manufacture.iv. Country of origin.v. Power curve for the Wind Turbine.

On- grid CONTROLLER:The wind turbine is supplied with a latest updated microprocessor based controller withself diagnosing system, which secures the wind turbines unattended operation underall conditions. The controller with dump load is used to rectify frequency-variable outputvoltage of the wind turbine generator to DC voltage before feeding into the grid tieinverter. It is not only protecting against overvoltage for the wind turbine system, butproviding the replaced load when the grid is down.

Main features of On-grid Inverter

It comes with two sets of control systems, including PWM constant voltage system andthree-phase dump load system.

The PWM constant voltage control system is 120% of the rated power of the windturbine. In case of exceeding the power range of PWM, the three-phase dump loadsystem will start up automatically in a few seconds and stop after approximately ten ortwenty minutes. At that moment, the wind turbine will automatically re-start to resumethe power supply, ensuring the safe operation of the wind turbine generation system.

Under the condition of strong or super-strong winds, it is able to offer a constantvoltage output, guaranteeing the safe running of the inverter.

If the grid-connected inverter is disconnected, it also conducts a constant voltageoutput and waits for the resumption of inverter.

When the power grid is off, the three-phase dump load of the wind turbine grid tiecontroller will automatically start and the inverter will stop the power grid output.Immediately the grid power is resumed, this will enable the three-phase dump load tostop and the inverter to resume the power supply.

Designed with a surge arrester, the transient over voltage of wind generator will bekept within the allowable voltage range of this grid-tie controller or the strong lightningcurrent will be diverted into the earth directly, thus preventing the equipment fromdamages.

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Front Panel should have LED indicator for indicating wind turbine status, dump load,three-phase dump load delay time, under voltage, grid power and DC output voltageindicators.

Its voltmeter indicates the DC output voltage of this device.

The wind turbine grid tie controller must be equipped with emergency stop switch. Incase of emergency, press down the emergency stop button in the front panel to cut offall power supply and the wind turbine will instantly perform the three-phase dump load.

It should be equipped with manual switch for dump load. By using this switch, the windturbine will carry out the three-phase dump load forcibly.

On-grid Inverter:

The generated energy is fed into the grid via a modern back-to-back full-powerconverter which controls the output, so grid requirements can be met. This converterfurther contains a number of programmable functions such as a capability to adjust thepower factor and a capability to automatically control the voltage in order to complywith stringent grid requirements.

Main features of On-grid Inverter

The main circuit adopts the DSP chip, IGBT modules, protection driver. Pure sine wave output, automatic synchronization grid connected, power factor approa

ches 1,low current harmonic content ,non-polluting to the power grid, no impact Wind turbine MPPT technology, real-time tracing wind turbine max. output power Disturbance detection technology, anti-island control Inverting current close-cycle control,power to control and adjustable Wide DC voltage input range, meet the needs of different occasions Circuit frame compact, Max. Efficiency >90%

MCCB/ACB

MCCB/ACB at the power panel of each WEG provided should take care during full loadcurrent exceeding the specified limit.

Cables and Accessories:

Cables of appropriate size to be used in the system shall have the followingcharacteristics: Will meet IEC, BS or equivalent International Standards Temp. Range -10°C to +80°C. Voltage rating 660/1000V Voltage losses to be less than 3%. Excellent resistance to heat, cold, water, oil, abrasion and UV radiation Flexible insulated wiring

Featuresa. All cables shall be PVC insulated with appropriate grade conforming to IEC or

equivalent international standard.

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b. Cables inside the control room shall be laid in suitable cable trays of approvedtype.

c. All wires used on the LT side should be appropriate voltage grade.d. Cable terminations shall be made with suitable cable lugs & sockets etc., crimpedproperly and passed through brass compression type cable glands at the entry & exitpoint of the cubicles. The panel's bottoms should be properly sealed to prevent entryof snakes / lizard etc. inside the panel.e. All cable/wires shall be marked with good quality letter and number ferrules ofproper sizes so that the cables can be identified easily.f. The terminal end of cables and wires are to be fitted with good quality letter andnumber ferrules of proper sizes so that the cables can be identified easily.

Power Transformer (0.4/11 kV):

The transformers shall be outdoor oil immersed, two-winding transformers 315 kVA-0.4/11 kV, according to IEC 60076-2 standard. If not specified otherwise, free-standing ONAN-cooled transformers shall be equipped with sunshades.

For the oil type transformers the following temperature rises shall not be exceeded:

· top oil temperature 50 ºC· average winding temperature: 55 ºC· winding hot spot: 68 ºC

As a rule, all transformers and their accessories must be designed for their intendedinstallation. All component and accessory parts must be constructed using carefullyselected materials and be of appropriate design to match the service life of thetransformer. The manufacturer will be responsible for the selection of all materialsused in the transformer. The transformers shall be equipped with Buchholz protection(transformer tank and tap-changer.)

The 0.4/11 kV transformer shall be designed to be able to transmit the maximumoutput of thecorresponding unit at all possible ambient temperatures on site. The Bidder shallprovide with his proposal a diagram showing the capacities of the step-uptransformer versus the ambienttemperature on site.

If hermetically sealed or sealed-tank design (maintenance free) transformers areoffered andordered, the tank supervision/protection shall be adapted to sealed-tank conditions.

7.4.7 LOCAL CONTROL SYSTEM (LCS):

Each WEG shall have a Local Control System (LCS) and it shall be designed forautomatic, unattended operation based on a microprocessor-controlled system with apower backup. The microprocessor and power control units shall be located properlyand well ventilated. In case of tubular tower the LCS shall be capable of operatingsatisfactorily at such temperature that may exist inside the tower without exceedingthe permissible temperature rise. The LCS shall be able to display basic operatingfunctions of the WEG and also the provision for stopping and restarting the WEG.

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The LCS shall be able to:A. Display and record the following parameters:i. Power (kW)ii. Voltage (V), of all the three phases in RMS values.iii. Frequency (Hz)iv. Current (A) of all the three phases in RMS values.v. Power factorvi. Rotor Revolution Speed (rpm)vii. Brake activationviii. Maximum power generated (kW) with time of generationix. Cumulative energy productionx. Cumulative active energy consumption from gridxi. Cumulative reactive energy consumption drawn from gridxii. Energy production for the grid (kWh)xiii. Operation time of generatorxiv. Status of wind turbinexv. Yaw anglexvi. Wind speed (m/s) and direction of wind flow.xvii. Actual reactive power consumption (kVAr)xviii. Temperature of generator, nacelle and control panelsxix. Hydraulic oil pressurexx. WEG availability period

Annunciations for the following conditions

ii. Yaw failureiii. Cable twistiv. Control system failurev. Excessive vibration in nacellevi. Worn-out brake padsvii. Abnormal temperature in generator, yaw motor, break calipers and

control panelviii. Grid failure i.e. frequency error, excess current asymmetry, voltage failureix. Over speed of rotor and generatorx. Activation of emergency stop brakexi. Failure of capacitor units

C. Stop, display and restart again when conditions are acceptable:i. Low wind speedii. Excessive wind speediii. Untwisting of cablesiv. Activation of stop push button (restart when start push button is activated)

D. Stopping the WEG automatically whenever the grid supply fails.

E. Auto start of WEG on resumption of healthy grid supply.

The LCS shall be connected with the Central Monitoring and Control System. Itshould be possible from central monitoring and control system at the master controlroom to control all the Wind Electric Generators, give commands, record their variousdata and take out the printed reports of energy generated from the wind powerproject as a whole and from each WEG, export /import of energy etc.

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7.4.8 START-UP:

The WEG must be equipped with a soft start arrangement for limiting the startingcurrent and avoiding peak loads on the grid and excess voltage drop across thegenerators. The maximum inrush/starting current shall not exceed 1.5 times full loadcurrent of the generator.

7.4.9 BRAKING SYSTEM:

Each WEG shall have two independent braking systems and out of the two brakes,one of them may be aerodynamic type and act at 10% (ten percent) over-speed ofthe rotor. If aerodynamic brake is not provided, the bidder should furnish full detailsas to how the WEG will be “failsafe”, even when grid power is not available.

7.4.10 SWITCH BOARD:

For each WEG a switchboard shall be installed which must include all powerdistribution for the WEG protection systems, soft start etc. The general data for theswitchboard are as follows:

Frequency Range : 47.5 to 52 Hz,Voltage : ± 10%

Degree of protection:1. In door air-conditioned areas : IP222. In door non air-conditioned areasa. Ventilated enclosure : IP42b. Non Ventilated : IP543. Outdoor : IP55

Switch board shall be provided with adequately rated copper bus bar, incomingcontrol, outgoing control etc. as a separate compartment inside the panel to meet therequirements of BPDB. All live terminals and bus bars shall be shrouded. The outgoing terminals shall be suitable to receive suitable runs and size of cables requiredfor the WEG/Transformer rating. Switchboard shall be designed and manufactured inaccordance with the relevant standards. Separate control and power panels shall beprovided with separate power circuit for isolated operation of control circuit.

7.4.11 EARTHING & LIGHTNING PROTECTION:

Earthlings (or grounding) of WEGs, transformers and all electrical installations shallbe under the scope of bidder. All electrical frames shall be effectively connected toearth at least at two points. Material required for earth electrode as well as earthcurrent conductor shall be supplied by the bidder. Combined earth resistance at eachWEG shall be less than two Ohm. Earth electrode shall be designed to withstand themaximum possible short circuit current. Lengths of electrodes shall be such that thecombined earth resistance shall be less than two Ohms. Bidder shall provide suitableindependent earthling system for protection of blades, nacelle, tower and step uptransformer against any lightning surge. Effective earth resistance on individualelectrodes shall be less than 3 Ohm (three Ohm) and the combined earth resistanceshall be less than two Ohm. The work shall be executed, as per is IEC Standard.Bidder should append a drawing showing the earthling arrangement for WEG andtransformer. Care shall be taken to protect electric and electronic equipment withinthe control panel against any lightning/switching surges which are expected in

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electrical network. For this purpose the bidder shall provide suitable arrangement inthe panels. The bidder shall provide suitable lightning protection system at thehighest possible point on the WEG.

7.4.12 ENVIRONMENTAL PROTECTION:

Lattice towers shall be galvanized to relevant standards applicable to galvanization offabricated steel structures. Minimum thickness of galvanizing shall be 120 microns,irrespective of whether it is hot dip galvanized or spray galvanized. These towers willbe inspected at site and if damage to galvanization is noticed or the thickness of anysection is found inadequate, such tower shall be replaced by the bidder to thesatisfaction of BPDB. Site galvanization or site repairs will not be permitted. Tubulartower should be painted with anti corrosion paint in accordance with EN-ISO 12944(Part-4).All materials, components and equipments shall function and work properlyduring the lifetime against deterioration that may be caused due to hostile climateconditions. The bidder shall submit descriptions of protection methods to be used forall components. All exposed iron components such as tower, nacelle and hub shouldbe galvanized. Only hot dipped galvanized bolts and nuts should be used.Switchboards shall have two coats of epoxy painting of 120 microns thickness overtwo coats of primer. Alternatively these can have powder coating having thicknessmore than 60 microns.

7.4.13 ERECTION, TESTING & COMMISSIONING:

The bidder shall be responsible for bringing to site and deployment of all the requiredtools, cranes and other equipments/instruments required for this purpose. The biddershall carry out the following erection, start-up and commissioning work:

Construction of civil foundations for WEG towers. Erection of WEG towers on foundations. Installation of WEGs on erected towers. Testing and commissioning of WEGs. Installation, testing and commissioning of Grid interfacing equipments including

transformers, lines, panels, kiosks, protection equipment, metering equipment forevacuation of power from the wind power plant to the nearest line.

Installation, testing and commissioning of energy meter(s) for recording dataregarding export and import of power to/from grid.

Construction of control room.

7.4.14 ELECTRICAL SYSTEM FOR INTERFACING WITH THE GRID

Each WEG will be connected to grid through unit transformer of suitable capacity andvoltage ratio, internal overhead line, common, control & metering station(s), up to gridinterconnection point, external overhead line up to the grid sub-station, complete withall associated switch gears and materials. Bidder shall design electrical system inaccordance with the Standards.

All equipments / materials shall be suitable for the site conditions and shall bemanufactured strictly in accordance with latest relevant Standards and all similarmaterials and removable parts shall be uniform and interchangeable with one andanother. Adequate preventive measures shall be taken against hostile climaticconditions like temperature, corrosion, salinity, humidity, sand storms, wind pressureetc.

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Electrical installations shall be constructed strictly according to the InternationalStandards.

Any item not specifically mentioned but found essential for successful operation ofelectrical system with full safety according to statutory requirements shall be includedin scope of work of the bidder.

7.4.15 PROTECTION AGAINST HIGH TEMPERATURE, CORROSION, DUST STORMSETC.

WEGs need to be suitably protected against high temperature and dust storms. Allequipments shall be designed for following temperature ranges:

Normal : 0°C to 45°CExtreme : -5°C to 50°C

All materials, components and equipment shall function and work properly during thelifetime without deterioration due to the aggressive soil, climatic conditions, cyclonesand dust loading. Bidder shall submit protection methods / precautions to be adoptedfor the satisfactory Performance of WEGs for such conditions, without fail.

7.4.16 Balance of System:

The bidders shall include all required balance of system components in their bids.

7.4.17 Earthing Protection:

LT Side:a. The earthing for array and LT power system including Control Panels shall berequired as per provisions of BS. Necessary provision shall be made for boltedisolating joints of each earthing pit for periodic checking of each resistance.b. Each Array structure of the Wind turbine Yard shall be grounded properly. Thearray structures are to be connected to earth pits as per IEC or equivalentinternational standard.c. The earthing for the power plant equipment shall be made with as per provisions ofIEC or equivalent international standard. Necessary provision shall be made forbolted isolating joints of each earthing pit for periodic checking of earth resistance.

7.5. Line Construction:

The contractor shall have to construct 1 km of 11 KV Evacuation Lines from thecontrol room up to the existing NWPGL’s 11 KV Lines as per relevant internationalcodes and standards to meet the requirements of the employer.

General

The power evacuation will be made through an 11 kV overhead line with connectioninterfaces at the Wind power plant and the existing NWPGL’s 11 KV Lines.The technical requirements cover the design, manufacturing, assembly,parameterization, settings and acceptance tests in the Contractor’s workshop as wellas the supply, customs clearances, delivery, unloading, erection, adjusting, painting,

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identification, commissioning, acceptance and testing of new equipment for theoverhead line complete in every respect and suitable for satisfactory operation to fulfilthe purpose of the works.The scope of the 11 kV OHL also includes the works at the line´s interface points: theWind power plant and the existing NWPGL’s 11 KV Lines. In both interface points theContractor shall deliver, construct and install phase conductors.

Foundations

The Contractor shall be responsible at his own cost for ascertaining that thefoundations to be employed are suitable for the sub-soils encountered at each poleand support site at an early stage of the contract implementation.Detailed soil investigations shall be carried out by the Contractor along the proposedline route as a prerequisite for planning of the foundations. The extent of theinvestigations shall be such as to permit the satisfactory determination of allnecessary sub-soil characteristics, to exclude any unacceptable settlement and todetermine reliable type, size and execution of foundations.

Pole design

The double circuit poles have two vertical levels for phase conductor’s disposition. Allpoles shall be equipped with one Fiber Optic cable below the phase conductors.Generally the design shall be made according to Distribution Construction Manual,but published theories accepted as good engineering practice by the industry can beaccepted in making the design.Each structure design shall be such that the unit stress in any part of the pole will notbe greater than the minimum yield strength of the material for any of the loadingconditions with the appropriate factor of safety applied to design loads.The outlines of the poles shall comply with the general requirements as specified andshall be such as to provide the required minimum clearances between conductors,from live parts and pole steelwork, and to ground. Before fabrication of steel polesbegins, the Contractor shall check the fitting of all pole details for fixing insulator sets,Optical Wire sets, post insulators, earthing blocks,plates, earthing devices etc. withthe actual equipment fixing dimensions.

Poles should be 12 meters and while crossing the road 15 meters poles should beused.

Phase conductor

The conductor to be supplied is ACSR Dog, one conductor per phase.The conductors shall be suitable for service in the specific climate with the maincharacteristics as specified above. The conductors shall be of design andconstruction as to ensure long service with high economy and low maintenance costs.They shall be suitable in every respect for continuous operation at nominalparameters as well as in transient operating conditions.Standards for ACSR overhead power conductors BDS-1037BS-215, Part-2 & IEC - 61089

Materials

All materials shall be brand-new and of the best quality for use in the conditions andthe variations in temperature and pressure that will be encountered in service without

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undue distortion or deterioration or the setting up of undue strains in any part thatmight affect the efficiency and reliability of the plant. Any steel member with traces ofwhole filling shall not be used. Special attention shall be paid to eliminating thepossibility of corrosion resulting from galvanic effects. Design, selection of materialsand all methods of erection shall be such as to keep these effects to a minimum.Fabrication of materials shall be in accordance with the state of art and as specified.Fabrication shall not commence until approval of drawings and completion ofsuccessful pole tests, unless otherwise directed by the Employer/ Employer’sRepresentative.

LoadsThe poles design loads are defined by the following factors:· weight of conductors, Optical Wire, insulators and poles· wind pressure on conductors, insulators and poles itself· conductors.

7.6.1 General:

The Contractor shall supply necessary quantities/numbers of fire fighting system toprotect the Wind Battery Plant and all associated equipments and Outdoor yard. Firedetection and Alarm system for office building and control & equipment room shall beprovided. In particular, the following shall be included:

Dry Chemical Powder Fire Extinguishers. Sand Buckets Fire Detection and Alarm system

7.6.2 Dry Chemical Powder Fire Extinguishers:

The Dry Chemical Powder Fire Extinguisher shall be Upright type of capacity 5/10 Kgconformed to NFPA Codes and Standard. The fire extinguisher shall be suitable forfighting fire of oils, solvents, gases, paints, varnishes, electrical wiring, live machineryfires, all flammable liquid & gas.

7.6.3 Sand Buckets:

The bucket should be wall mounted made from at least 24 SWG sheet with bracketfixing on wall conforming to NFPA Codes and Standard.

7.7 Communication Facilities:

7.7.1 General:

The Contractor shall design, manufacture, delivery to the site and installCommunication and Security System.

7.8 Operation and Maintenance:

The Operator shall be responsible for Operation and Maintenance of the wind powerproject for a period of Six (6) years from the date of testing & commissioning of thewind Power plant. The bidder shall be responsible for arranging at his own cost allspare parts required for replacement for keeping the WEGs operational, repairs /replacement of any defective equipment(s) at his own cost as required from time to

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time, schedule and preventive maintenance, major overhauling of the equipments,maintaining log sheets/record for operational detail, deployment of staff forcontinuous operations and qualified engineer for supervision of O&M work,deployment of security personnel so as to ensure smooth operation for the entireperiod of O&M. BPDB shall not pay any other amount except the agreed O&Mcharges. Operation & maintenance of evacuation system up to the point ofinterconnection with the grid shall be the responsibility of the O&M Operator. In caseof any outage of external lines connected with the wind farm, the Operator shallfollow up with Concerned Utility for prompt restoration of the faulty line underintimation to BPDB.

7.8.1 SCOPE OF WORK

The Scope of Work for O&M Contact shall include but not limited to the following:-1. Supply of spares2. Consumables3. All Statutory compliances as may be required4. Arrangement of Tools5. Arrangement of Tackles6. Crane Management7. Testing9. All administrative work11. Security

Cost of all the above items shall be included the price quoted for O&M Contract.Operator shall provide all day to day operation and maintenance services for thewind energy project as set forth herein. Operator shall perform the work andarrange/supply all required spare parts, cranes, special tools & tackles or any otheritems as may be required, in a prudent and efficient manner and in accordance withmanufacturer’s and systems designers' specifications, Annual Operating Plan for thePlant and O&M manuals.

All applicable laws of the land including environmental protection, pollution, sanitary,employment and safety laws, ("Government Rules") shall be complied.

7.8.2 PRUDENT UTILITY PRACTICE:

Operator shall use all reasonable and practical efforts: To maximize plant capacity utilization To minimize plant downtime Optimize useful life of all the equipments of the energy project.

The Operator shall perform the following obligations prior to taking over of the O&Mactivity:

Prepare Mobilization plan in consultation with the BPDB Provide the services and personnel set forth in the Mobilization Plan Prepare in consultation with BPDB, the initial Annual Operating Plan Develop and implement plans and procedures including those for fire fighting,

maintenance planning, procuring and inventory control of stores and spares,plan to

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meet emergencies, plant safety and security; and such other facilities andsystems as may be necessary to commence Operator's ongoingresponsibilities.

After taking over the activity of O&M for the power plant, the Operator shall beresponsible for the operation and maintenance of the plant and shall perform allnecessary services including applicable services listed below:

a) Provide all operations and maintenance services necessary and advisable toefficiently operate and maintain the plant, including all associated and appurtenantmechanical and electrical equipments keeping in view the objectives set-forth hereinabove.

c) Regularly update and implement equipment repair or replacement and preventivemaintenance program that meet the specifications of the equipment manufacturersand the recommendations of the manufacturers.

d) Perform periodic preventive maintenance and overhauls required for the Plant inaccordance with the recommendations of equipment manufacturers. Attend anybreak down in the Plant/Facility promptly. Inform time taken in attending to suchbreakdown shortly after restoration of WEG.

e) Provide technical & engineering support for resolving operation and maintenanceproblems.

f) Perform the services required to procure all spare parts, or equipments asrequired, overhaul of parts, tools and equipment, required to operate and maintainthe Plant in accordance with the recommendations of individual original equipmentmanufacturer.

g) Operate and maintain the Plant for fire protection and safety of equipments.

i) Arrange spares, consumables, tools & tackles, crane and testing. Cost of theseitems shall be included in the price quoted for O&M .

7.8.3 PERSONNEL:

The Operator shall employ adequately qualified and experienced personnel foroperating and maintaining the wind energy project.

7.8.4 MACHINE AVAILABILITY:

The Operator shall maintain the WEGs in befitting manner. The Operator shall keep the annual average minimum machine availability for the

Wind farm at not less than 90% The operator shall guarantee for a minimum of 90% Machine Availability. The

machine availability of 90% includes power evacuation system (up to interface withthe Grid).

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7.8.5 MEASUREMENT OF ENERGY AND METERING:

Metering Systems:

The Operator shall maintain the Metering System (which shall include tri-vector typeenergy meter, current and potential transformers and metering equipment). TheMetering System will be designed and installed conforming to requirements of utility soas to measure outgoing energy and power delivered by the WEG to the grid at thedelivery point, i.e. point of inter connection and also for the import of energy for anypurpose. Metering equipments shall comply the requirements of utility Grid Code butshall not be inferior to 0.2 accuracy Class. Meter reading shall be done jointly withBPDB's Engineer on monthly basis or at mutually agreed time interval.

Testing of Meters:

BPDB shall have the right to carry out inspections of the Metering Systems from timeto time to check their accuracy. All testing and metering equipment shall conform tothe relevant standards. If either the Operator or BPDB finds any inaccuracy in theMetering System, the operator or BPDB, as the case may be, shall notify the otherparty in writing within 24 hours for a joint inspection and testing from Concerned utility.

Sealing and Maintenance of Meters

The Metering System shall be sealed in the presence of both parties. When theMetering System and/or any component thereof is found to be outside the acceptablelimits of accuracy or otherwise not functioning properly, it shall be repaired, re-calibrated or replaced by the Operator on priority.Breaking of meter seals shall not be done except in case of any requirement bypower utility for testing/calibration. Even in such case the Operator shall immediatelyinform BPDB of such requirement to enable BPDB for deputing its representative. Alltestings/calibration of metering system shall be done by power utility officials only.

7.8.6 HANDING OVER THE PLANT AFTER EXPIRY OF TERM

After the expiry of O&M period of 6(six) years, as the case may be, operator shallhand over the plant to BPDB in operationally fit and running condition. The operatorshall demonstrate 96 hrs short run test of all WEGs along with the associated major& critical equipments to ensure that plant is operational and in good running conditionin accordance to the norms of manufacturer. While handing over the plant, operatorshall hand over all technical documents, literature, and instruction manuals, lists ofspare part & tools & tackles. Operator will also hand over all the relevantrecord/documents.

7.8.7 Operation and Performance Monitoring:

Operation parts consists of deputing necessary manpower to operate the wind farm atthe optimum capacity. Operation procedures such as preparation to starting, running,routine operations with safety precautions monitoring etc shall be varied out as per themanufacturers instruction to have trouble free operation of the complete system.

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7.8.8 Maintenance:

The contractor shall draw the preventive maintenance schedules and attend to thebreakdowns keeping in view than machine availability shall be always more than90%.

The contractor shall carry out the periodical/plant maintenance as given in themanufacturers service manual and perform minimum two certified services per year.

Maintenance of other major equipment involved in wind farm electric are step-uptransformers, overhead line equipment and outdoor equipment and metering panel .Particular care shall be taken for outdoor equipment to prevent corrosion. Cleaning ofthe insulators and applying Vaseline on insulators shall also be carried out at every 3to 4 months interval. Resistance of the earthing system as well as individual earth areto be measured and recorded every month. If the earth resistance is high suitableaction is to be taken to bring down the same.

A maintenance record is to be maintained by the operator/engineer in charge torecord the regular maintenance work carried out as well as any breakdownmaintenance along with the date of maintenance reasons for the breakdowns stepshave taken to attend the breakdown duration of the breakdown etc.

The schedules will be drawn such that some of the jobs other than breakdown whichmay require comparatively long stoppage of the WEG’s shall be carried outpreferably during the non windy season.

All the old /damaged spares removed shall be handed over to BPDB.

The contractor will deploy enough manpower at wind farm site to carryout workinstruction and preventive maintenance schedules as specified. The contactor shallkeep at least one skilled and experienced supervisor at site on permanent basis tosupervise the jobs that are being carried out at site. The Authority of BPDB willobserve/ witness the activities.

The contractor will attend to any breakdown jobs immediately for repair\replacementadjustments and complete at the earliest working round the clock.

The contractor shall at his own expense provide all amenities to his workmen as perapplicable laws and rules.

The contractor shall ensure that all safety measures are taken at the site to avoidaccidents to his or his co contractor.

If any jobs covered in O&M scope are not carried out by the contractor during theO&M period pro-rata deduction will be made based on the quantum of work from theO&M contract bills.

Spares shall be replaced by contactor immediately for which necessary inventory ofspares & consumables shall be maintained by the contactor at site. The contactor will

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replace the spares and make a claim from the insurance company at the earliestpossible so that revenue losses may be minimized.

The Contactor will supply consumable for all equipments as damaged due to normalwear and tear, System break down.

For the spares contactor will furnish the list of required spares with rates and sourcesof procurement. Contactor will maintain the spares for immediate corrective measure.

7.8.9 Efforts to increase the efficiency:

The contractor shall take efforts to make the system more efficient by adoptingmethods like adjustment of pitch angle. Power factor improvement reducing reactivepower consumption use of right grade of lubricants etc.

7.8.10 TOOLS AND TACKLES:The contractors shall arrange for all the necessary tools and tackles includingcrane/suitable similar systems for carrying out all the maintenance work coveredunder this contract.

7.8.11 ACCIDENTS:BPDB will not have any liability towards any loss or damage to the property orpersonal of the contractors deployed for discharging the work under this contract.

7.8.12 CONFIDENTIALITY:All data recorded /taken from the wind farm will be proprietary item of BPDB andshall not be part to any person /agencies without written consent from BPDB.

7.8.13 SECURITY SERVICES:The contractor has to arrange proper security system including deputation of securitypersonnel at his own cost for the wind farm during the complete O&M period 6 years.The security staff may be organized to work on suitable shift system, proper checking& recording of all incoming & outgoing material vehicle shall be maintained. Anyoccurrence of unlawful activities shall be informed to BPDB immediately, a monthlyreport shall be sent to BPDB on the security aspects.

7.8.14 ORGANIZATION CHART:The bidder shall furnish an organization chart for the proposed O&M period. Theperiodic person responsible for reposting to BPDB shall be indicated by designation.

7.8.15 WARRANTY FOR SUPPLY OF GOODS:

The warranty period for the supplied goods shall be 18 months starting from the dateof official commissioning of 2MW wind power plant at Sirajganj. The Manufacturershall warranty that the spares to be supplied under this contract are new, unused, ofthe most recent or current models and incorporate all recent improvements in designand materials unless provided otherwise in the contract.

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7.8.16 O & M CONTRACT PRICE:

1. The price agreed between the successful Bidder and the owner for operation &maintenance of wind farm as a whole including wear, tear, overhauling, machinebreak down, replacement of defective capacitors and any other parts of WEG systemfor a period of six years shall be treated as O&M Contract Price.

2. The O&M Contract Price shall be deemed to include entire scope of work andcover the cost of all consumables, deployment of manpower & spares, insurance orany other activity during O&M period of six years.

3. The O&M Contract Price shall remain firm & fixed and binding till completion ofO&M period i.e. six years from date of successful installation and commissioning ofwind power project. No escalation will be granted on any reason whatsoever, unlessotherwise provided in the contract.

4. Any tools and tackles required for making the Plants machinery workable duringO&M period shall not be separately billed by the bidder and their price will bedeemed to be included in the quoted price of O & M.

5.If the Tenderer deemed necessary any additional spares/works out of the list oftender schedule , shall quote as mentioned in the price schedule . If during thecourse of work, the Contractor finds any additional supply/work required to be carriedout, that additional work shall also be done by the Contractor including supply ofnecessary spares/materials/ consumables to complete the said additional work withinthe Contract price. No additional payment shall be allowed in this respect.

6. During 6 years Operation & Maintenance Service, Contractor will provide sufficientnos of Engineers, supervisors, Technicians, Operators etc as required. CV of allpersonnel shall have to be approved by BPDB. During work if the performance of anyindividual is not found satisfactory, Contractor will change that person without anyadditional cost.

7. During 6 years Operation & Maintenance Service, Contractor will provide allspares, consumables etc. The Contractor will ensure at least 90 % annual availabilityof the units which will be calculated on individual unit basis. For decrease of 1%availability (for each unit), Liquidated Damage will be charged at the rate of Taka5000 (Five Thousand Taka).

8. 6 years Operation & Maintenance Service means 1.5 years during warranty periodand 4.5 years after warranty period.

7.9 Civil and Building Works:

7.9.1 General:

The General Conditions, Tender Drawings, relevant Specifications of materials andworkmanship described elsewhere in this Documents, Schedule of Rates shall beread in conjunction with this Specification. On the other hand, Local Code of Practiceshall be followed where not mentioned.

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7.9.2 Scope of the Civil and Building Works:

7.9.2.1 General:

The civil works shall include collection of site data, detailed design, production ofworking drawings, provision of labour, supply of construction plant and materials,construction and rectification of defects during the Warranty Period of the Works.Moreover, during design, construction and operation phases, all works and activitiesof this project should be followed by health, safety and environmental practiceaccording to international standards and guidelines.

7.9.2.2 Topographical Survey:

The Contractor shall carry out surveys as necessary for the proper design andexecution of the Works. The results of such additional surveys together with thesurvey drawings shall be submitted to the employer for approval. Based on thesurvey work, a general layout drawing with clear demarcation showing BoundaryPillars, location of Control Room, Array Yard, Approach Road and General Drainageetc. has to be prepared.

7.9.7.3 Soil Test:

To ascertain Soil Parameters of the proposed site for construction of Control Room &Office building & Array Yard, the Contractor shall carry out Sub Soil Investigationthrough certified soil consultant. These reports shall be furnished to employer. Thescope of sub soil investigation covers: execution of complete soil explorationincluding boring, drilling, collection of undisturbed soil sample wherever possible,otherwise disturbed soil samples, conducting laboratory test of samples to find outthe various parameters mainly related to load bearing capacity, ground water level,settlement and sub soil condition and submission of detail reports withrecommendation regarding suitable type of foundation for each bore hole along withrecommendation for soil improvement wherever necessary.

7.9.7.4 Planning and Designing:

a. The Bidder has to plan and design the Plant Array Yard, Control Room & officebuilding as per international standard. The bidder has to develop general layoutdrawing of Plant Array Yard, Tower, Double pole Structure, Control Room, InternalRoad & Drainage (ensuring no water logging in the Power Plant Compound) alongwith Sanitary plumbing layout etc. All Design & drawings has to be developed basedon specification given in the tender, soil report and relevant international standardunless otherwise specified. All details related to internal electrification, water supplyand sewerage system should be clearly shown in the drawings. The work alsoincludes landscaping of the entire Plant Array Yard & Control room area.

b. Design should be developed considering optimal usage of space, material andlabour without compromising the effect of shadow, cooling, ventilation, accessibilityetc.

c. The bidder shall submit preliminary drawing for approval & based on anymodification or recommendation, if any. The Contractor shall submit five sets of finaldrawings for formal approval to proceed with construction work.

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d. The building shall be with concrete construction in compliance with BangladeshNational Building Code (BNBC) and relevant international standards.

e. The design of landscaping, Sign boards, Building services i.e Ventilation, Lighting,Air condition and Electrical allied installations shall be adhered to BNBC.

7.9.7.5 Site Development:

Landscaping work of the entire area of the plant premises shall have to be done asper drawing developed by the Contractor and as per approval. All proper attentionmust be given to the drainage and water run off.

The scope includes the followings: Site grading, leveling, drilling exploratory bore holes and consolidation of the area

pertaining to the installation of Wind turbine of wind power plant. Embedment of structures suitable for Wind Tower on ground. Laying of earthing equipments / structures and connecting to the main ground

mat as per the statutory requirements. Cutting of cable trenches wherever necessary. Providing foundation for transformers, structures etc.

7.9.7.6 Tower Structure Foundations

a. WEG structures foundation should be RCC foundation columns made withcement concrete as per design based on site soil condition. Seismic factors forthe site to be considered while making the design of the foundation. The designof tower structure shall be based on soil test report of the site and shall beapproved by employer.

b. Foundation drawings & designs shall be submitted to employer for approvalbefore starting the work. Foundation digging of WEG structures shall commenceonly after the proper leveling of the site.

7.9.7.8 Control Room & Office-Room of the Wind Plant:

The control room and control room cum office-room shall have to be designed basedon topological survey report & soil testing report, relevant BDS code, BangladeshNational Building Code (BNBC), unless otherwise mentioned in the general scope ofwork & technical specification in consultation with Director. All kind of Constructionwork the tenderer shall follow the appropriate international standards.

Design, supply and constructions of a 20ftX20ft single storied control room forWind Turbine NO.1 at proposed site.

Design, supply and constructions of a 20ftX20ft single storied control room forWind Turbine NO.2 at proposed site.

Design, supply and constructions of a 20ftX20ft single storied control room forWind Turbine NO.3 at proposed site.

Design, supply and constructions of a 30ftX30ft single storied Office-Cum-Controlfor Wind Turbine No.4 at proposed site.

Design, supply and constructions of a 20ftX20ft single storied control room forWind Turbine NO.5 at proposed site.

Design, supply and constructions of a 20ftX20ft single storied control room forWind Turbine NO.6 at proposed site.

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Design, supply and constructions of a 20ftX20ft single storied control room forWind Turbine NO.7 at proposed site.

Design, supply and constructions of a 20ftX20ft single storied control room forWind Turbine NO.8 at proposed site.

Relevant standards have to be maintained for construction. The bidder has tosubmit the proposed drawing of control room building along with the bid to BPDBfor approval. The building shall be designed to meet national building coderequirement. The control Room shall be provided with suitable smoke detectorsand the entrance of the control room shall have ramp arrangement for the entry ofgoods and the necessary cable to be brought through cable tray arrangements.All the cable trays shall be provided with shock proof rubber mats.

7.9.7.9 RCC Work:

All RCC works shall be M 20 grade concrete design mix as per BDS or equivalentinternational standard and the materials used viz. Cement reinforcement, steel etc.shall be as per relevant BDS or equivalent international standards. In addition,international Codes of Practice for Bending and Fixing of Bars for concreteReinforcement must be complied. Reinforcement shall be high strength TMT Fe 415or Fe 500 conforming to suitable standard. Cement grade OPC 43 grade shall haveto be considered.

7.9.7.10 Masonry Work:

All brick works shall be using at least II class bricks of approved quality as perrelevant standard. The cement mortar for brick masonry shall be in the ratio 1 cementand 5 sand by weight. The cement mortar shall be machine mixed. Bricks requiredfor masonry work shall be thoroughly soaked in clean water tank for approximatelytwo hours. Brick shall be laid in English bond style. Green masonry work shall beprotected from rain. Masonry work shall be kept moist on all the faces for a period ofseven days.

7.9.7.11 Doors & Windows:

Doors, windows and ventilators of air-conditioned areas, entrance lobby of allbuildings (where ever provided), and all windows and ventilators of main plant andservice building shall have, electro color dyed (anodized with 15 micron coatingthickness) aluminum framework with glazing. All other buildings doors, windows andventilators (unless otherwise specified) shall be of steel. The doors frames shall befabricated from 1.6 mm thick MS sheets and shall meet the general requirements ofrelevant standard. Steel windows and ventilators shall be as per standard. Allwindows and ventilators on ground floor of all buildings shall be provided withsuitable grill. Minimum size of door provided shall be 2.1 m high and 1.2 m wide. Thestructural steel shall conform to relevant international standard. The fixtures,fastenings and door latch are to be made with same materials. Each window unitshall have a solid bronze polished, cam locking handle and strike. Fixing of metallicdoors and windows shall be done in accordance to relevant Standards. Doors andwindows on external walls of the buildings shall be provided with RCC sunshade overthe openings with 300 mm projection on either side of the openings. Projection ofsunshade from the wall shall be minimum 450 mm over window openings and 750mm over door openings except for main entrance door to the control room where theprojection shall be 1500mm.

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7.9.7.12 Glazing:

All accessible ventilators and windows of all buildings shall be provided with min.4mm thick float glass, plain or tinted for preventing solar radiations, unless otherwisespecified. For single glazed aluminum partitions and doors, float glass of 8mm or 10mm thickness shall be used. All glazing work shall conform to relevant InternationalStandards. The glass should be free from distortion and thermal stress.

7.9.7.13 Plastering:

All external surfaces shall have 20 mm cement plaster in two coats, under layer 16mm thick cement plaster 1:4 and finished with a top layer 4 mm thick cement plaster1:3 with water proofing compound. White cement primer shall be used as permanufacturer’s recommendation. At least one coat of plaster shall be applied tointerior walls by hand or mechanically, to a total thickness of 12 mm using 1:4, 1cement and 4 sand. Plastering shall comply with relevant Standards. Oil boundwashable distemper on smooth surface applied with 2 mm thick Plaster of Paris puttyfor control room. Plaster of Paris (Gypsum Anhydrous) conforming to proper standardshall be used for plaster of Paris punning.

7.9.7.14 Flooring:

The Cement shall be ordinary Portland cement conformed to relevant InternationalStandards. Base concrete for flooring with a bed of 100 mm thick in CC 1:4:8 usinggraded concrete of 40mm nominal size HBG metal. For pantry slab and control roomfloor mirror polished (6 layers of polish) Granite stone (slab) of minimum thickness of18 mm shall be used.

7.9.7.15 Foundations:

CC (1:4:8) using graded aggregate of 40mm nominal size HBG metal shall be laid asleveling course under footings. The CC work shall be executed as per the latestcodes and standards. Major portion of the site is filled up area which containsmajority of boulders with soil muck. Necessary foundation treatment like sand sluicetreatment shall be taken and all foundations of structures shall be suitably designedconsidering the condition of present site strata.

7.9.7.16 Roofing:

Roof of the C.R. Building shall consist of Cast-in-situ RCC slab treated with a waterproofing system which shall be an integral cement based treatment conforming toCPWD specification. The roof of the building shall be water proof with tar felt 5 layerover screeding. The roof shall be designed for minimum superimposed load to 150kg/m2. For efficient disposal of rainwater, the run off gradient for the roof shall not beless than 1:100 and the roof shall be provided with RCC water gutter, whereverrequired. Gutter shall be made water tight using suitable watertight treatment. Thisgradient can be provided either in structure or subsequently by screed concrete 1:2:4(using 12.5 mm coarse aggregate) and/or cement mortar (1:4). However, minimum25 mm thick cement mortar (1:4) shall be provided on top to achieve smooth surface.

7.9.7.17 Paintings of Walls & Ceilings:

The paint shall be anti-fungal quality of reputed brand suitable for masonry surfacesfor high rainfall zone. All painting on masonry or concrete surface shall preferably be

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applied by roller. If applied by brush then same shall be finished off with roller. Forpainting on concrete, masonry and plastered surface suitable standard shall befollowed. All paints shall be of approved make including chemical resistant paint.Minimum 2 finishing coats of paint shall be applied over a coat of primer.

For painting on steel work and ferrous metals relevant Standards shall be followed.The type of surface preparation, thickness and type of primer, intermediate andfinishing paint shall be according to the painting system adopted. The cement paint ofsuitable standard shall be of approved brand and manufacturer. Ceiling of all roomsexcept Battery room shall be white washed. The ceiling of Battery room (if provided)shall be acid resistant paint.

7.9.7.18 Plinth Protection:

Plinth protection shall be provided around all the buildings with Brickbats and PCC1:2:4 & smoothly finish of top surface.

7.9.7.19 Plumbing & Sanitary:

The whole of the plumbing works in the buildings shall be provided in accordancewith the relevant bylaws and to the complete satisfaction of the Engineer. Pipesshall be connected to each point where water is required, with a minimum head of 2metres at all outlets.

All cast iron pipe works and fittings as are necessary for the complete installation ofthe sanitary system shall be supplied and installed in accordance with therequirement of the local authorities and other standards approved by the Engineer.

7.9.7.20 Stairs:

Bidder shall have to provide service ladder made up steel to access the roof formaintenance of communication equipments and water tank.

7.10 Supply of International Codes and Standards:

If necessary and required/instructed by the purchaser, the Tenderer shall supplycopy of all relevant international standards (ISO, IEC, ASTM, IEEE, ASME, NFPAetc.). ISO for Testing and Commissioning

IEC/IEEE for Electrical Equipments

7.11 Documentation:7.11.1 Language

All documents, correspondence and submissions shall be in the English Language.

7.11.2 ControlThe Contractor shall, for all work to be performed under the Contract, establish andmaintain a comprehensive computer-based document control system ensuring that, atall phases of the work the identification, revision, status and location of documentationis determined. The Contractor's system shall also provide for all subcontractors' andBidders’ documents.

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At the end of each reporting period the Contractor shall provide to the Employer acomplete hard and electronic record and electronic copies of all drawings,submissions, documents and correspondence delivered in both hard and electronicform during that reporting period.

7.11.3 IdentificationThe Contractor shall develop and maintain an identification system for all projectdocumentation for permanent inclusion in the Works which shall enable the Contractorto control the documentation in the live phase of the project and enable the Employerfully, efficiently and to the standards required by the Contract, operate the Plant byproviding ready access to the system. The Contractor shall therefore develop amethod to identify documents to their specific process/pressurized system and anyinterfaces appertaining thereto. This philosophy shall be maintained in the assemblyof the required Engineering, Plant Operations, Maintenance, spares and QualityRecords.

The Contractor's adopted computer based system shall be transferable to standardpersonal computers (IBM compatible) and transferred to the Employer at thecompletion of the Works as part of the documentation handover.

Provision shall be made by the Contractor to provide full training in the use of theidentification system by the Plant operator in readiness for handover of the system.

7.11.4 Organization of DocumentationAll documentation shall be organized in a logical manner and all contents shall beproperly indexed.

A revision status record sheet at the front of each document shall facilitate recording ofamendments in a logical manner. Revision indication and issue dates shall also appearon each amended sheet. All submissions, except drawings, shall be housed in durableloose-leaf folders suitable for the addition of amendment data. The cover shall identifythe contents, and carry the Contract reference number.

7.11.5 QuantityFour hard copies and one soft copy of all documents and drawings shall be providedat all stages of the Contract. Document distribution will be advised.

7.11.6 QualityPaper used for documentation shall be suitable for long term storage (minimum 80gIm2). All drawings shall comply with the relevant standards.

All drawings shall be stored in electronic format in AutoCAD.

7.11.7 SizeWith the exception of drawings and certain other forms such as certificates, all otherdocuments shall be size A4. The maximum sheet size for drawings shall be size A1.Documents sized A0 are not acceptable.

Except in instances where the original drawing is size A4, drawings for inclusion fortechnical manuals should be size A3, double folded to size A4, title visible with thedrawing folded and bound along the left-hand side. If drawings of size larger than A3are required to facilitate clarity they shall be folded and placed into plastic wallets, witheach wallet clearly identifying the enclosed drawing. The wallets shall be secured in themanual cover and permit easy access to the enclosed drawing.

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All documents greater than size A3 must be capable of reduction to size A3 with no lossof symbol, and lettering legibility, etc. Such drawings shall also have a minimum left-hand margin of 25 mm at size A3 to ensure that no information is obscured by binding.

The Contractor shall provide electronically versions of all bidder documentation anddrawings.

7.11.8 SymbolsSymbols shall comply with relevant international standards for Construction DrawingPractice Graphical Symbols for General Engineering and Electrical Power,Telecommunications and Electronics Diagrams. This includes, but is not limited to:

7.11.9 Units and Scale RatiosAll drawings shall be supplied in SI metric units using one of the following scales 1:1,1:2, 1:5, 1:10, 1:25, 1:50, 1:100, 1:200, 1:500, 1: 1,000, or 2,500. Third angle projectionshall be used throughout. All drawings shall be provided with a scale bar.

7.11.10 Documentation ScheduleThe Contractor shall provide a detailed schedule of documents to be produced duringthe Contract in accordance with the Document Schedule for submission to theEmployer. The schedule shall indicate, by generic type, those supplied for review andcomment (specifications, procedures, etc) and those for information. Typicaldocumentation to be provided shall include, but not be limited to, the following:

Copy of topographical and soil investigation results and interpretation List of design codes to be followed (include with Tender) Detail of all loadings, both actual and assumed, incorporated into the designs.

Where an interpretation of codes of practice is necessary, e.g. for wind andseismic loading, the assessment and conclusion shall be clearly stated

Material data to include strength of materials and source of manufacture of allstructural elements (include details with Tender)

Calculations for all structural, civil, and building work Drawings Manufacturer's test certificates.

The schedule of documentation shall also indicate to the Employer those specificdesign, safety and related elements required for third party verification and, wherepossible, the proposed third party.

The sequence of submission of all drawings and calculations shall be such that allinformation required for review shall be available. A letter of transmittal shallaccompany each submittal.

The Contractor shall allow at least twenty one calendar days, plus appropriate transittime, for each review by the Employer unless otherwise stated in the Contract.

Review of, comments on, approval of, or expression of satisfaction with theContractor's drawings or calculations by the Employer shall not relieve the Contractorof any of its obligations to meet all the requirements of the Contract or relieve theContractor of the responsibility for the correctness of such drawings. The Contractorshall make any changes that are necessary to make the work conform to the provisionsand intent of the Contract.

7.11.11 CalculationsThe Contractor shall submit two copies of all Project calculations under Contractor’sletterhead.

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Such submittal shall be made not less than thirty calendar days prior to the time thatthe materials represented by such calculations are needed for incorporation into anywork. Calculations shall be subject to the option of review by the Employer and materialdependent upon such calculations shall not be incorporated into any work without anysuch review.

Calculations shall clearly identify the subject of the calculation and shall include but notbe limited to providing the following information: Contractor’s name Project name Designer's name Checker's name Contract number Name of the item Assumption used for design purposes Specification section reference Codes used Date of calculation Calculation Reference sources Manufacturers' names and literature Reference to the appropriate drawing Legend.

Where necessary, Supplier Statements shall be obtained and provided by theContractor for all relevant plant.

All calculations shall be on A4 size paper and shall be bound in stiff-backed ring binders.The covers shall show the Contractor's name, the Contract name, and the title of thecalculations, the date of submission and the revision letter of the calculations.Electronically scanned copies of all calculations shall be provided.

All computer printouts shall be bound into an appropriate binder with a cover that shallshow the Contractor’s name, the Contract name, the title of the subject, the date ofsubmission and the revision letter of the printout.

Where the use of a computer and design software packages are proposed, details shallbe given in the Tender of the design programmes proposed, including any certificationof approval by independent authorities for the computer programs proposed.

7.11.12 Construction Procurement RecordsThe Contractor shall generate records as required by the Contract and the QualityRequirements, Quality Procedure and Quality Plan.

All records, including those generated by subcontractors or suppliers, shall be conciselycompiled, indexed and uniquely identified with the Contract reference number andwhere relevant, subcontract or order numbers. They shall be clearly identifiable to theindividual parts and assemblies to which they refer.

The Contractor shall ensure that all Site and Works documentation is maintained andstored in accordance with the Quality Requirements, the Quality Procedures and theQuality Plan.

For items of Plant or equipment that are being delivered to Site, the Contractor shallensure that all records required by the Employer pertaining to such equipment arrive onSite with the plant or equipment. Such records shall include reports and certification in

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respect of, for example, pressure containing components together with all traceabilityrecords.

The compilation and storage of records during the Contract shall be controlled toensure adequate security, verification and traceability prior to Taking Over. The storageconditions shall provide resistance to damage and deterioration.

Copies of all records generated during the course of the Contract by the Contractor, itssubcontractors and suppliers shall be retained by the Contractor for a minimum periodof ten years.

These records shall be made available to the Employer on request. Before finaldisposal by the Contractor at the end of this period, these records shall be offered at nocost to the Employer.

The Contractor shall submit a monthly Drawing and Documentation Schedule for reviewby the Employer and shall maintain the schedule throughout the Contract to show theup-to-date status and revision of each document. The transfer of this information shouldbe achieved by electronic transfer (disk) from the Contractor’s Central System.

The Contractor shall submit documents for review by the Employer in accordance withthe Documentation Schedule and the Quality Requirements, Quality Procedures andQuality Programme. Review of, comments on, approval of, or expression of satisfactionwith any drawing, document or the Drawing Documentation Schedule by the Employershall not relieve the Contractor of any of its obligations under the Contract.

Prior to Taking Over, final documentation shall be handed over to the Employer in suchnumbers and formats as is laid down elsewhere in the Contract.

7.11.14 Erection ProcedureThe Contractor shall submit copies of the erection procedure for all Plant, equipmentand systems to the Employer for information prior to such erection being carried out onthe Site.

7.11.15 Pre-Commissioning ProceduresThe Contractor shall prepare detailed stand alone pre-commissioning proceduresnecessary to cover mechanical and electrical completion, testing and pre-commissioning of equipment and systems to a state of readiness for start-up andoperation in accordance with the procedures, test details and criteria contained in theConditions of Contract and the Technical Specifications. The Contractor shall reviewequipment systems and provide for specialist bidder personnel to assist as required.

Pre-commissioning shall be carried out on a system by system basis. The Contractorshall, in accordance with the procedures, test details and criteria referred to above,prepare a separate procedure for each system to be pre-commissioned, bound in anA4 size file. It is important that where Contractor packages/equipment pre-commissioning procedures are written that all relevant Contractor drawings anddocumentation are included in the relevant procedure file. Each system pre-commissioning procedure shall contain:

Title and system number to which the procedure refers Index Status/approval signature sheet Equipment test record sheets including pre-commissioning test records.

The Contractor shall submit each system commissioning procedures and alldocumentation for review by the Employer not later than three months before thecommencement of pre commissioning of that system. Each system pre-commissioning

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procedure shall contain all correction curves and tables necessary for the pre-commissioning and testing of that system.

7.11.16 CommissioningThe Contractor shall submit copies of the Procedure for Commissioning to theEmployer for review not later than one month prior to the Commissioning.

7.11.17 Timing of Final DocumentationAll final documentation, not limited to those documents described below, shall bedelivered to the Employer in its final version not later than 90 days after Taking Over ofthe Works.

7.11.18 Quality and FormatAll final documentation which shall be used or referred to by the Employer's operationand maintenance staff shall be in the English language.

The Contractor shall submit to the Employer, all drawings in master hard copy formatand electronic format. All scripted documents, A4 manuals, etc shall be provided in hardcopy format from the master and electronic format.

All documents produced specifically for the project shall be in Microsoft Office 2007format, i.e. Word, Excel and Access. Drawings shall be produced using AutoCAD 2009.

Standard and reference documents not already available in electronic format shall beconverted to rasterised computer files in a standard world-wide compatible format.

7.11.19 Storage at SiteThe masters in electronic format of all data shall be submitted to the Employer in CDROM read/writable format.

7.11.20 Hand-overThe Contractor shall progressively pass to the Employer final documentation for theWorks in accordance with the Documentation Schedule.

7.11.21 Types of ManualsThe Contractor shall provide the manuals listed below in accordance with theConditions of Contract.

The format of the data included shall be of two specific types; those documents thatapply to the construction and commissioning activities for a single system, e.g.materials, tests, inspections, etc., and those not system specific, i.e. welder certificatesand procedures. The Contractor shall therefore produce the manual in distinct parts persystem or generic type.

For all system related documents the Contractor shall include a system/book index forthe total submissions and inclusion within all volumes.

Commissioning Manual:This manual shall be developed from the individual plant items and assembled bysystem in accordance with the plant start-up/shutdown maintenance and operationalphilosophy.

The manual shall include the agreed commissioning procedures within the appropriatesections. The manual shall be accurately indexed to facilitate retrieval of information byplant system in accordance with the operational philosophy.

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Spare Parts Manual:A separate volume, cross-referenced to all tagged items of equipment, detailing thespares recommended by the Contractor for commissioning, operation and insurancepurposes. This manual shall also include a schedule of required lubricants and anyspecial requirements relating to the handling and storage and disposal thereof.

Operations Manual:A fully descriptive manual of the functions and logic used in all aspects of the operationof the plant, including all safety features. It shall also include a description of thevarious modes of operation.

Operating and Maintenance Manual:To contain full and explicit instructions in respect of the methods for operating the plantin all conditions of operation and the routines to be established to maintain the plant foroptimum performance.

This manual shall be divided by process, utility, power or other systems, as appropriate,into individual sections. All sections shall be clearly indexed and sub-sectioned asnecessary.

The details contained therein shall be derived from the design, Contractors’ andcommissioning data without need to cross-reference to other documents i.e. standalone. The sole inclusion of standard Contractors’ published material shall not beaccepted.

All sections shall contain an introductory description of the particular item/systemincluding its function, operational criteria and any special features appertaining thereto.

Each section shall contain a sub-section entitled Safety which shall contain all standardand special safety precautions for operating and during maintenance of the system.

In addition to the other copies four copies of this manual shall be presented in durableplastic or plasticized card to enable use at the workface. These copies shall furtherhave the ability to be cleaned by a water/soap solution without deterioration or loss ofclarity.

The timing of submission of all of the above manuals by the Contractor shall be inaccordance with the Documentation Schedule.

7.12 Implementation Schedules7.12.1 General

After Bids close that will be evaluated and followed by contract negotiations with thelowest ranked compliant Bidder.

7.12.2 EPC Contract ScheduleThe EPC contract duration shall be not more than 365 days for Wind Power plant.

7.13 Progress Reports7.13.1 Progress Measurement

The Contractor shall, for the duration of the Contract Period, develop and maintainsystems and procedures for the measurement of progress against the Contractor’sProgramme and Document Schedule.

Progress achieved shall be measured concurrently at all Work locations. Unlessotherwise stipulated in the Contract the measurement cut-off date shall be the lastFriday of each calendar month.

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Progress measurement at the Site shall be carried out on a weekly basis.

Prior to the formal issue of progress statistics to the Employer, the Contractor shallestablish within its own organization the accuracy of the monthly measure.

Detailed risk analysis shall be carried out on the programme and submitted to theEmployer on a monthly basis.

7.13.2 Progress ReportingThe Contractor shall submit to the Employer a detailed progress report for each monthup to the cutoff date. The monthly report shall contain, but not be limited to, thefollowing:

Listing of activities more than two weeks late

Listing of all items on the critical path and next sub critical path

Explanations for late activities which are having, or are likely to have, impact on theproject schedule

Details of measures proposed to bring late activities back on schedule

Outstanding interface data and measures proposed to expedite the issue of criticalinterface data

Confirmation of the achievement of near term milestones

Confirmation of the achievement of the completion date

Detailed risk analysis of the programme.

In addition to the activities referred to above the monthly progress report shall alsoinclude, but not be limited to, the following:

Covering letter and executive summary Details of any accident or injuries during the reporting period and overall

accident, safety and injury statistics for the construction phase, in thereporting period and to date. Management report on, and status ofcompliance with, the Health and Safety Plan

Management report on, and status of compliance with, the EnvironmentalManagement Plan

Details of any industrial relations issues Details of any complaints or comments made by external bodies or

individuals Problem areas (and details of measures being taken to resolve problems) A statement of the number of site personnel engaged in the work during the

reporting period and, where relevant, details of erection equipment in use orheld in readiness

Document Index marked up to show document status Purchasing schedule marked up to show status of procurement activities Copies of those inspection and test reports which identify any deviations

from the quality standards in the Contract and a statement of correctiveactions

A Schedule of all other inspections and tests performed Copies of quality assurance audit reports which identify the need of

corrective actions and evidence of the implementation of corrective actions Progress on compilation of manuals Colour photographs showing the progress of construction

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The Project Master Schedule shall be marked up, on a monthly basis, by theContractor to indicate the progress achieved against each activity and submitted aspart of the monthly progress report which shall be issued to the Employer within 10working days after the cut-off date (one week prior to the monthly progress meeting).

The progress curves developed from the Project Master Schedule shall includeplanned and actual progress status. The progress curves shall be produced using themanhour content of the network activities factored to achieve a percentage weightingfor each activity. The weightings, once agreed, shall not be varied during the course ofthe Project unless otherwise agreed by the Employer.

The progress report, six copies of which shall be provided, shall address each of thefollowing project phases, as appropriate:

Engineering Procurement Expediting Inspection Manufacturer and fabrication Construction and erection Testing and pre-commissioning Commissioning Reliability testing, performance testing and taking over.

7.14 PhotographsTwelve colour photographs showing progress on site shall be provided with eachmonthly report. Each photograph shall not be less than 240 mm by 180 mm and shallcarry description, serial number and dates.

Soft copies in jpg format of all photographs shall be handed over to the Employer at thecompletion of the Contract at which time the Contractor shall also hand over three setsof photographs in separate albums.

In addition to still photographs, the Contractor shall provide four digital videos taken atkey dates during the construction programme. Two copies of each video file on a DVDshall be provided to the Employer.

7.15 Data for Asset Management SystemThe Employer is purchasing an asset management system under another contract. Inaddition to the above documentation, the Contractor shall provide on DVDs (four sets),electronic versions/copies of the following key plant reference documents:

Plant Equipment List

Equipment Name Plate Data

Plant Spare Parts and Inventory List

Equipment Operations Manuals

Equipment Maintenance Manuals and Bill of Materials

Plant System Design and As-Built Drawings (AutoCAD)

Plant System Design Specifications

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7.16 Training7.16.1 General

The Contractor shall provide formal comprehensive local training for duration of 2 (two)weeks for the Employer’s project, operation and maintenance personnel at project site.The number trainees of such O & M training will be 5 (five) and the training shallinclude the Design, operation, configuration and maintenance of all Equipment andsystems of the Project designed and supplied by the Contractor. It shall consist of bothclassroom training and on the job training.

The formal training classes shall be conducted by experienced instructors onequipment identical to that installed, using materials (including video presentation)prepared by the Contractor that have been specifically prepared for this Contract.

Each trainee shall receive a full set of all materials used in the classroom as personalequipment to be used by the trainee. Six additional sets shall be provided. One mastercopy on DVD of all the training material (including slides, videos and other instructor’smaterial) shall also be provided.

Training certificates shall be issued by the Contractor to trainees who pass the finaltest and are allowed to operate the new plant with a high level of confidence. Ifnecessary, remedial classes shall be conducted for trainees that fail the final test.

Training material and class tuition shall be in English.

The training programme shall be structured and shall: Provide all the knowledge and skills required to perform the required operation and

maintenance activities Demonstrate that each trainee has acquired the necessary skills and knowledge Document that the Contractor has tested each trainee to the required level and

qualified the trainee to operate or maintain the Plant. Issue certificates of competency for various components; e.g. ICMS System.

The objectives of the programme shall be to maximize learning and minimizemaintenance and operational errors.

The Contractor shall submit, within four months of the Contract Effective date, a detailedtraining plan including scope and timing for review by the Employer. The Contractor shallsubmit, two months prior to the start of each classroom lesson, a Course Description andLesson Plan for review by the Employer.

The training programme shall be coordinated with pre-commissioning andcommissioning so that the operation and maintenance staff use and consolidate theirtraining by assisting the Contractor in the pre-commissioning and commissioning phasesunder the direction of the Contractor.

The Contractor shall provide all the materials, training aids, venue and all facilitiesrequired for the training.

7.16.2 Training Work ScopeThe training shall include but not be limited to: Design & Planning of Grid connected/Off Grid Wind Battery System Calculation and Selection of different components Testing & Commissioning of the System Standards of (a) Wind Turbine Generator, (b) Inverter, (c) Charge controller etc Construction Methodology Safety in Hazardous Areas Fire Fighting system.

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Protection system Operation and Maintenance of Grid connected/Off Grid Wind Turbine Power System

Each of the above items can be split into several modules.

7.17 Technical Specification

7.17.1 GENERAL:This 2MW Wind Power Plant shall be designed for installation of Wind TurbineGenerator, On-grid Inverter, On-grid Charge Controller and other indoorinstruments/equipments etc. The system will be grid-tied. The scope of work includesEngineering, design, manufacture, inspection & testing, supply/delivery to the site,installation, testing & commissioning, performance test, operation & maintenance ofthe Wind Power Plant as specified on turn key basis.

7.17.2 CLIMATE DATA:Main climate data that must be taken into account for the goods will be the followings:

Climate Type : Tropical, Significant rainfall, shortdry season

Annual Average Temperature : 28.70 C (Maximum)Annual Average Temperature : 20.20 C (Minimum)Average Daily Temperature : 21.50 CRelative Humidity : 75% - 90%Average Annual Rain fall : 2910 mm.Maximum Wind Velocity : 200 km/ hourAltitude : 2 meters above sea level.

The information given above is only a guidel ine.

7.17.3 SYSTEM PARTICULARS:

1. Normal System Voltage, V 0.4 / 11 KV2. Type of System Grounding Solid

7.17.4 STANDARDS:

The Wind Power System as specified in this Section shall be conform to the latestedition of the following standards for Design, Manufacture, Installation, Testing &Commissioning, Operation under local ambient conditions. Design, Manufacture,Testing and Performance of the Wind System shall be in accordance with the BS,IEC & BDS or equivalent International standards.

7.17.5 DOCUMENTATION, DRAWINGS AND INFORMATION:The following documents (A & B) are to be submitted along with the Tender;otherwise the bid will be rejected:

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A. COMMERCIAL:Tenderer shall be eligible as per ITT Clause No. 5 and they should submit Bidvalidity, Bid Bond, Bid Bond validity, Price Schedule, Delivery & ImplementationSchedule, Authorization of the signatory, Tender Submission Sheet, TendererInformation Sheet & Documentary evidence for establishing the Tenderer’sQualifications, etc. and all other documents including information related torejection clause as per Tender Document.

B. TECHNICAL:1) Guaranteed Technical Particulars (GTP) shall be properly filled up along withsubmission of related supporting drawings, reports & documents duly signed &sealed.2) Letter of authorization from the Manufacturers, in case, the Bidder is not themanufacturer, in prescribed Form.3) Manufacturer's Supply record for similar Wind Turbine Generator, Controller,Inverter,Transformer or higher capacity within the last 5 (five) years in thefollowing format (The supply record covering one fourth of the offered amount in asingle contract will be considered only).

Sl.No.

Name, Address,Phone No., & Fax

No., of the Purchaser

Contract.No. &Date

ContractValue

Descriptionof Material

withQuantity

Date ofCompletionof Supply

1.2.

DOCUMENTATION, DRAWINGS AND INFORMATION:The following documents (A & B) are to be submitted along with the Tender;otherwise the bid will be rejected:

A. COMMERCIAL:Tenderer shall be eligible as per ITT Clause No. 5 and they should submit Bid

validity, Bid Bond, Bid Bond validity, Price Schedule, Delivery & ImplementationSchedule, Authorization of the signatory, Tender Submission Sheet, TendererInformation Sheet & Documentary evidence for establishing the Tenderer’sQualifications, etc. and all other documents including information related to rejectionclause as per Tender Document.B. TECHNICAL:1) Guaranteed Technical Particulars (GTP) shall be properly filled up along with

submission of related supporting drawings, reports & documents duly signed& sealed.

2) Letter of authorization from the Manufacturers, in case, the Bidder is not themanufacturer, in prescribed Form.

3) Tenderer’s/Manufacturer's Supply record for similar Wind Turbine Generator,Controller, Inverter or higher capacity within the last 5 (five) years in thefollowing format (The supply record covering one fourth of the offered amountin a single contract will be considered only).

Sl.No. Name, Address, Contract. Contract Description Date of

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Phone No., &Fax No., of the

Purchaser

no. & Date Value of Materialwith

Quantity

Completionof Supply

7.16.6 APPROVAL OF DRAWINGS AND SPECIFICATIOS AND TESTSWITNESS:

A. APPROVAL OF DRAWINGS AND SPECIFICATIOS:

CONTRACTOR'S DRAWINGS

SHOP DRAWINGS

Engineering data covering the manufacture of all equipment and fabricated materialsspecified hereunder shall be submitted to the Board/Engineer for approval. Thesedata shall include drawings and descriptive material in sufficient detail to show thetype, size, arrangement, operation of component, materials, devices, the externalconnections, anchorage's, supports required and any dimensions necessary forinstallation and co-ordination with related equipment.

WORKING DRAWINGS

The Contract drawings shall show the arrangement, layout, existing equipment,method of control and the design of the, completion of power plant addition asspecified herein.

(1) The Contractor shall submit for approval checked arrangement anddetailed drawings of all parts, schematic and wiring diagrams anddescription of equipment to demonstrate that the equipment to befurnished will conform to the requirements and intent of the Specifications.

(2) The Contractor shall submit installation drawings for approval includingembedded Piping. piping details, support for pipings, conduits and fittings,cable laying, cable rack fixing and other detailed drawings for installationwork.

FOUNDATION DESIGN

The Contractor shall be responsible for the proper design of the equipmentfoundations to withstand the dynamic load and static load of major equipments andWind Turbine etc. Location and arrangement of steel reinforcement, concretekeyways and detailed drawings showing additional concrete required shall beprepared by the Contractor.

B. TESTS WITNESS:

BPDB's Inspection Team comprising of 2 (two) BPDB Engineers/officials, nominatedby the Purchaser will witness the test of Wind Turbine and other major equipmentsfor 7 (seven) days at the manufacturer's plant before shipment.

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Tests shall be performed in accordance with the relevant international standards orequivalent and shall be complied with offered Guaranteed Technical Particulars andspecifications of the Contract. All costs of such visit including pocket allowances ofUSD 100/day/person will be borne by the contractor.Tests of the following items but not least:

Test of Wind Turbine Generator:i) Startup Test, ii) Normal stop test iii) Emergency stop test iv) VibrationTest v) Gridfailure Test vi) Rotor Over speed Test vi) Generator Over speed Test vii) Cutinmeasurement viii) Yaw functionality ix) Cable twist Test x) Backwind operation etc.as per standard.

Test of Inverter:i) Operation test,

ii) Test for pure sine wave out putiii) Harmonic distortion etc. as per standard.

Test of Charge Controller:i) Operation testii) Auto charge control testiii) Charging Regulation test etc as per standard

C. TESTING & COMMISSIONING:

An inspection team formed by the purchaser shall witness testing & commissioning,performance test in presence of manufacturers/Supplier's representative after thecompletion of the installation works. The supplier shall arrange the program of suchinspection. Any defect or damage have been found during the testing &commissioning, performance test; the defective materials/ goods are to be repaired/replaced by the Bidder/ supplier at his own cost.

The purchaser's right to inspect, test (where necessary) and reject the goods afterdelivery/installation at the designated stores of BPDB shall in no way be limited orwaived by reason of the goods having previously been inspected, tested and passedby the purchaser prior to the goods' delivery.

96 HOURS SHORT TIME TEST RUN

This short time test shall be conducted on all the WEGs. The test shall be carried outduring conditions of high wind regime so that the machines are subjected tofluctuating wind thrusts and their mechanical endurance established. The test shallbe considered successful if values of observed parameters of WEGs are found withinthe set values.For conducting this test, the WEGs shall be run continuously for 96 hours without anyinterruption. In case of interruption or stoppage of WEG during the test, the test shallnot be considered to have been completed. In such an event the test shall beconducted afresh.

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The test shall be considered successful if values of observed parameters of WEGsare found within the set values.In case of non-conformance of the parameters of any component/item of WEG,replacement of the defective component shall be done and test repeated till suchtime it is successful.

Section 8. Particular Specifications

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Section 8. Particular Specifications

Guaranteed Technical Particulars of Design, Supply, Installation, Testing andCommissioning of 2 MW Capacity Wind Power Plant on turnkey basis at the bank ofthe River Jamuna adjacent to the existing Sirajganj 150 MW Power Plant , Sirajganj,Bangladesh Including 6(six) Years (1.5 years warranty for installation works and next4.5 years O&M) Operation & Maintenance (O&M) of Plant with associated EvacuationLine.

(To be filled up by the Manufacturer with appropriated data)

8.1 Wind Turbine Generator

Sl.No.

Description Purchaser's Requirement Manufacturer’sParticulars

8.1.1 GENERAL DATA

1 Description of the Item 250 kW Total installed capacity of allthe wind turbines must be 2000kW atrated wind speed

2 Name of the Manufacturer To be mentioned

3 Address of the Manufacturer To be mentioned

4 Standard Design, manufacturing, performance &testing shall be in accordance to theIEC, BS, BDS or equivalentinternational standards.

5 Model number To be mentioned

6 Wind Speed at rated output (m/sec) 6.0 to 14.0 m/s

7 Starting Wind Speed (m/sec) 2.0 m/s8 Cut in Wind Speed (m/sec) 2.5 m/s

9 Cut Out Wind Speed (m/sec) 25 m/s

10 Survival Wind speed (m/sec) >40 m/s

11 Tower Height (m) As required according to the capacity ofthe offered Wind Turbine

12 Rotor speed (rpm) 12 - 30 rpm

13 Current (Amps) As required according to the capacity ofthe offered WEG

14 Rated output (kW) 250 kWx8 setsTotal installed capacity of all the windturbines must be 2000kW at rated wind

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speed

15 Type Maintenance Free Stand Alone Typewith Self Excited Permanent MagnetGenerators (PMG)

16 Nacelle Weight To be mentioned

17 Rotor (kg) As required according to the capacity ofthe offered Wind turbines

18 Nacelle (kg) As required according to the capacity ofthe offered Wind turbines

19 Tower (kg) As required according to the capacity ofthe offered Wind turbines

8.1.2 Generator

1 Rated Power output (kW) 250 kWx8 setsTotal installed capacity of all the windturbines must be 2000kW

2 Excitation Type Must be Self Excited Type

3 Type Synchronous-Dual wound

4 Voltage 360-520 V

5 RPM As required/suitable according to thecapacity of the offered Wind turbines

6 No. of Poles As required/suitable according to thecapacity of the offered Wind turbines

7 Insulation Class F

8 Protection IP 55

9 Coupling Flexible coupling with carden joint

10 Current (Amps) As required/suitable according to thecapacity of the offered Wind turbines

11 Frequency (Hz) 50 Hz

12 Over Loading Capacity The entire system as a whole and theindividual wind turbine generators shallbe designed overload bearing capacity

8.1.3 Tower

1 Height (m) 50 Meter

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2 Type Lattice/Tubular

3 Material Tower material(s) must be appropriateand suitable to the climatic (extreme &normal) conditions of Bangladesh

4 No. of sections As required/appropriate according tothe capacity of the offered Windturbines

5 Assembling Manually using 10/20/30/40/50 toncrane/any other appropriate system

6 Ladder Type Inside/outside type

7 Safety System Must be available

8 Surface treatment Protection Painted or Hot Dip Galvanized

9 Cyclone Withstanding Capacity Must be capable to withstand cyclones

8.1.4 Yawing System

1 Type As required according to the capacityof the offered Wind turbines

2 Gear Box Ratio As required/appropriate according tothe capacity of the offered Windturbines

3 Yawing Motor (KW) As required/appropriate according tothe capacity of the offered Windturbines

8.7 Brake system

1 Type Mechanical/ Hydraulic/Pneumaticactivated

2 Over Loading The whole system shall be designedwith some overload bearing capacity

8.1.5 Rotor

1 Blade Material Fiberglass Reinforced Plastic (FRP)

2 Make Any Internationally Reputed Make

3 Number of blades 3

4 Rotor Diameter (m) As required/appropriate according tothe capacity of the offered Wind

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turbines5 Swept area (Sq. M) As required/appropriate according to

the capacity of the offered Windturbines

6 Length of the blade As required/appropriate according tothe capacity of the offered Windturbines

7 Warranty Minimum 1.5 years

Catalogue To be submitted

SEAL AND SIGNATUREOF THE MANUFACTURER

SEAL AND SIGNATUREOF THE TENDERER

8.2. On-grid Controller:

Sl.No. Description

Purchaser'sRequirement Manufacturer’s

Particulars

1 Name of the Item Controller for 250kW Wind Turbine

2 Name of the Manufacture To be mentioned

3 Address of the Manufacturer To be mentioned

4 Standard Design, manufacturing, performance& testing shall be in accordance to theIEC, BS, BDS or equivalentinternational standards.

5 Model number To be mentioned

6 Rated Wind input Power 250 kW

8 Working voltage 380-550VDC

9 Control Mode PLC Control

10 Display Method LCD Touch Screen

11 Display parameters Charging Current, voltage, Windspeed, Wind direction etc.

12 Cooling Method Fan

13 Protection Type P154

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14 Protection Parameters Cut-off wind speed, automatic brakeand Manual brake, etc incorporated

15 Operation ambient Temp -300C to +500C

16 Operation altitude <4500 m

17 Operating ambient humidity 0-90%

18 Size To be mentioned

19 Weight To be mentioned

20 Warranty Minimum 1.5 years

21 Catalogue To be submitted

SEAL AND SIGNATUREOF THE MANUFACTURER

SEAL AND SIGNATUREOF THE TENDERER

8.3 On-grid Inverter:

Sl.No. Description Purchaser's

RequirementManufacturer’s

Particulars1 Name of the Item On-grid Inverter2 Name of the Manufacturer To be mentioned3 Address of the

ManufacturerTo be mentioned

4 Standard Design, manufacturing,performance & testing shall bein accordance to the IEC, BS,BDS or equivalentinternational standards.

5 Model number To be mentioned

Input (DC):6 Input voltage range 400-1150VDC7 Max. DC input voltage 1150V

Output (AC)8 Nominal AC Output

PowerMinimum 250KW

9 Nominal output ACfrequency

50Hz±2%

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10 Nominal output ACvoltage

400Vac±2%

11 THD of AC current <3%(nominal power)12 Power factor >0.99(nominal power)13 Max. efficiency >90%14 Output voltage regulation +/- 2% or better

15 Permission Grid VoltageRange(Three Phase)

320-440VAC

16

Protection

Input protection : Overvoltage, Under voltageOutput protection : Shortcircuit protection, IslandProtection, Over heatprotection

16 Display monitor LED and LCD17 Weight and Dimension To be mentioned18 Warranty Minimum 1.5 years19 Catalogue To be submitted

SEAL AND SIGNATUREOF THE MANUFACTURER

SEAL AND SIGNATUREOF THE TENDERER

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8.4 SCHEDULE OF MANUFACTURERS NAME AND PLACES OFMANUFACTURE & TESTING

ItemNo

Description Manufacture'sname

Place ofManufacture

Place ofTesting

& Inspection

Seal and Signature of the Tenderer

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8.5 SCHEDULE OF PROPOSED STANDARDS TO WHICH WIND POWERSYSTEM SHALL BE PROVIDED

The Bidder shall indicate the Standard to which the materials offered by him conform to.

Should these standards differ from the specified Standard in any respect the Bidder shalldetail the differences between the proposed and specified Standard.

ItemNo Description Standard

Seal and Signature of the Tenderer

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8.6 GUARANTEED TECHNICAL PARTICULARS FOR 0.415/11 KV, 3-PHASE, 315KVA POWER TRANSFORMER

(To be filled up by the Manufacturer otherwise the bid shall be rejected)

Sl.No. Description BPDB’S

Requirement

Manufacturer’sGuaranteedData

1 Manufacturer’s Name & Address To be mentioned2 Manufacturer’s Type/ Model No. To be mentioned3 KVA Rating Minimum 3154 Number of Phases 35 Rated frequency, Hz 506 Rated primary voltage, KV 117 Rated no load sec. Voltage, V 4158 Vector group Dyn119 Highest system voltage of :

a) Primary winding, KV 12b) Secondary winding, V 457

10 Basic insulation level, KV 7511 Power frequency withstand

voltage, KVa) HT Side 28b) LT Side 2.5

12 No-Load Loss, Watts 95013 Load losses at rated Full Load at

75ºC, Watts3800

14 Percentage Impedance 4.5%15 Type of cooling ONAN/ONAF16 Catalogue To be submitted

SEAL AND SIGNATUREOF THE MANUFACTURER

SEAL AND SIGNATUREOF THE TENDERER

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Section 9. Drawings

Notes on Drawings

Insert here a list of Drawings. The actual Drawings, including site plans, should be attached tothis section or annexed in a separate folder. The Drawings shall be dated, numbered and show

the revision number.

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Annexure

Annexure-1 Location of the Plant

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Annexure-1

Location of Sirajganj in Bangladesh

Sirajganj

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Annexure-1[Cont.]

Sirajganj 150 MW Power Plant

JamunaBridge

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Annexure-1[Cont.]

Google map of proposed wind power plant

Grid-Substation

Sirajganj 150 MWPower Plantª

Proposed (250 kWx 8) 2 MW Windpower plant

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Location map of proposed wind power plant