BARMER LIGNITE MINING COMPANY LIMITED - BLMCLblmcl.in/pdf/Tenders/Tender-Lignite Handling...

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Page 1 of 30 TECHNICAL CONSULTANCY AND PRE- ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT BARMER LIGNITE MINING COMPANY LIMITED (NIT No BLMCL/MD/JPR/15-16/030 dated 03-Aug-2015) Tender for Technical Consultancy and Pre-Engineering Services for 6.0 MTPA Capacity Lignite Handling Plant at Jalipa Lignite Mine, Barmer, Rajasthan

Transcript of BARMER LIGNITE MINING COMPANY LIMITED - BLMCLblmcl.in/pdf/Tenders/Tender-Lignite Handling...

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

BARMER LIGNITE MINING COMPANY LIMITED (NIT No –BLMCL/MD/JPR/15-16/030 dated 03-Aug-2015)

Tender for

Technical Consultancy and

Pre-Engineering Services for

6.0 MTPA Capacity Lignite Handling Plant at

Jalipa Lignite Mine, Barmer, Rajasthan

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

Office of Associate Vice President, Barmer Lignite Mining Company Limited,

Near Chamunda Temple, Kishanpura, Gandhi Nagar, National Highway-15, Barmer-344001

Cost of Tender Document: Rs. 2000/- Contact Person at Barmer: Mr. Amrendra Kumar VP (Operations) Mobile: +91 80940 05350 Phone: +91 2982 221049 Fax: +91 2982 223659 E-mail: [email protected]

Contact Person at Jaipur: Mr. Nitesh Gangwal Company Secretary

Mobile: +91 99833 20648 Phone : +91 141 2369772

Fax : +91 141 2369774 E-mail: [email protected]

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

Ref: BLMCL/MD/JPR/15-16/030 Dated: 03-Aug-2015

Tender Notice

Sealed tender is hereby invited from the reputed and experienced Consultant having

experience of execution of similar type projects for following jobs at Jalipa Lignite Mine,

Barmer, Rajasthan.

S. No. Name of work EMD (Rs) Completion time

1. To Provide Technical Consultancy and

Engineering Services for EPC project of 6.0

MTPA Capacity Lignite Handling Plant at

Jalipa Lignite Mines

50,000/- 20 months

Cost of Tender Document: Rs. 2000/-

Last Date of Submission of Bid: 03-Sep-2015 Time: 15:30 Hrs.

Tender document can be collected from the office of undersigned on payment of Rs. 2,000/- only (Non-refundable) through Demand Draft in favor of Barmer Lignite Mining Company Limited payable at Jaipur, on any working day from 03-Aug-2015 to 02-Sep-2015 during office hrs. from 9.00 AM to 6.00 PM. Bid documents can also be downloaded from website http://blmcl.in/tenders.html. The bidders, in their own interest are requested to read very carefully the bid document before submitting the bid within scheduled date and time. The bidders who have downloaded the tender document from the portal will be required to deposit a bank draft of Rs. 2000.00 drawn in favor of Barmer Lignite Mining Company Limited payable at Jaipur along with their bid in Envelop-I. The tender will be received up to 3.30 PM of 03-Sep-2015 and shall be opened on the same day at 4.30 PM in the Jaipur office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001.

The EMD should be deposited either as Demand Draft drawn in favor of Barmer Lignite

Mining Company Limited payable at Jaipur or in the form of Bank Guarantee

substantially in format attached as Annexure–3 from any Nationalized Bank or a

National Level Private Bank but not a Co-operative Bank. Bank Guarantee should

remain valid for a period of 180 days from last date of submission of bid. Tender without

EMD will be summarily rejected and EMD will not carry any interest.

Amrendra Kumar VP (Operations)

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

SECTION 1 – INSTRUCTIONS TO BIDDERS

Project information:

Rajasthan State Mines & Minerals Limited (RSMML) a GoR enterprise and Raj West

Power Limited, a wholly owned subsidiary of JSW Energy Limited has formed a Joint

venture company incorporated as Barmer Lignite Mining Company Limited (hereinafter

referred as “BLMCL” or “Company” or “owner”). The JV Company has been entrusted to

develop lignite block at Kapurdi and Jalipa, in Barmer district of Rajasthan, India. The

mine is located adjacent to the 1,080 MW Lignite based pithead power project. The

Kapurdi Lignite Mines is operational and present approved Lignite production capacity is

7.0 million Tonnes per Annum (MTPA).

Development activities of Jalipa Lignite Mine have started and it is expected to reach at

the top of lignite seam in next 18 months. Approved mine capacity of the Jalipa Mines is

6.0 MTPA.

BLMCL invites bids from reputed consulting firms (referred as consulting engineers)

having wide experience in providing technical consultancy for Lignite Handling Plant

(LHP) / Coal Handling Plant (CHP) project from initial conceptualization till completion of

the project for its proposed 6.0 MTPA Lignite Handling Plant.

Scope In General

BLMCL wishes to hire services of reputed consultant for the consultancy and pre-engineering services. It is proposed to execute the Lignite Handling Plant on Engineering, Procurement and Commission (EPC) basis and National Competitive Bidding (NCB) process will be followed for selection of the EPC contractor.

Scope of work:

The scope of work of consultant shall include but not limited to following:

Stage1: Preorder engineering consultancy:

a. Preparation of Detailed Project Report and recommendation of best suited process

considering lowest total cost of ownership for the life cycle of the project.

b. Estimation of project cost, and time schedule for the project.

c. Preparation of conceptual scheme, technological parameters & specifications, basic

system design, sizing & selection of equipment and associated facilities.

d. Preparation of proposed plant conceptual flow sheet and basic engineering drawing.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

Stage 2: Project ordering engineering consultancy:

a. Preparation of bid document including scope of work and technical specification for

the bid.

b. Scrutiny and evaluation of the technical offer of bidders, discussion with the bidders

as required, obtaining clarifications and submission of technical recommendations

for finalization & placement of orders.

c. Preparation of the contract document with the successful LHS bidder, discussion

with the Owner in order to firm up performance parameters, scope of work and other

interfacing requirements.

Stage 3: Post order engineering consultancy:

a. Review and approval of drawings submitted by successful bidder for LHS showing

general arrangement of plant and equipment, layouts of auxiliaries, electrical and

instrumentation & control systems.

b. Review and approval of all Engineering document submitted by the successful EPC

contractor relating to approval from Owner to ensure completeness as per

specifications and compliance to applicable standards and norms.

c. Review and approval of design basis report, design/sizing calculations and

construction/manufacturing drawings namely, general arrangement, mechanical,

electrical, controls, civil and structural submitted by successful EPC contractor.

d. Review and approval of procedures/manuals for start-up/shutdown, periodical

maintenance and manuals for various equipment to be submitted by the successful

LHS bidder.

e. Project schedule monitoring and advising owner on the possible bottle necks to

facilitate completion of the project on time.

f. Providing technical assistance by visits of design engineers as and when necessary

to site.

g. Witnessing and certification of the PG test.

All items which are required to be engineered for the integrated working of the plant as

a whole are deemed to be included in the scope of the services whether specifically

mentioned or not. The consulting engineer shall render all necessary and

comprehensive services required in every respect to ensure smooth and timely

completion of the project.

3. Requirements for Qualified Bidder

Bidder shall have successfully executed Consulting Engineer services for

Lignite/Coal/OB/Mineral Handling plant with sizing and conveying system from

conceptual engineering, layout, tender document preparation, bid evaluation, review &

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

approval of vendor designs, drawings, quality assurance plan, scheduling, project

management, assistance in commissioning and testing for Lignite/Coal/OB/Mineral

Handling Plant of 3.0 MTPA

AND

The Bidder shall have a minimum annual turnover of Rs.10.0 crores or equivalent

during last two years.

Bidder has adequate man-power consisting of qualified and experienced engineers;

supervisors etc. to successfully fulfill obligation under the contract. Bidder shall submit

manpower plan - proposed assignment along with the bid. The Engineering Stations in

the office of bidder must be equipped with updated latest software’s e.g. STAAD Pro

(to validate engineering & design as submitted by the bidder), project planning etc.

The Bidder shall ensure that the information to be furnished in the following

qualification documents

a. General financial and commercial particulars of Bidder – Annexure 1.

b. Information with respect of the Bidder’s experience – Annexure 2.

Notwithstanding anything stated above, Owner reserves the right to assess the

consultant's capability and capacity to perform the works and such decision of the

Owner shall be final.

Bid submitted by Bidder without necessary details of the qualifying requirement along

with the documentary evidence shall be rejected by the Owner.

Time Schedule

The basic consideration and the essence of the Technical Consultancy contract shall

be the strict adherence to the time schedule for performing the consultancy services.

The Owner's requirements of completion schedule for the works are mentioned in the

corresponding Schedule-1 attached to this bid document.

The completion schedule as stated shall be one of the basis of evaluation of the offers

and the Owner reserves the right to request for a change in the work schedule during

the pre-award discussions with the successful Bidder.

Bid Documents

The bid documents for the scope of work are arranged as follows:

Section - 1 - Instruction to Bidders

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

Section - 2 - Conditions of the Contract

Section - 3 - Schedules (1 to 2) and Annexure (1 to 3)

Failure to furnish all information required as per the bid documents or submission of a

bid not substantially responsive in every respect will be at the Bidder's risk and may

result in the rejection of bid.

The Bidder shall bear all costs associated with the preparation and submission of the

bids. The submission of any bid connected with these documents and specifications

shall constitute an agreement that the Bidder shall have no cause of action or claim

against the Owner for rejection of bid or if the Owner may elect to withdraw the

invitation to bid. The Owner shall always be at liberty to reject or accept any bid or all

bids at its sole discretion and any such action shall not be called into question and the

Bidder shall have no claim in that regard against the Owner. The Owner is not bound

to give any reasons for the rejection of the bid.

Bid documents are not transferable. Not more than one bid for the work shall be

submitted by any Bidder. If the Bidder deliberately gives wrong information in its bid to

create circumstances for the acceptance of its bid the Owner reserves the right to

reject such bid and/or cancel the order. Bids shall be submitted for the complete scope

of work as envisaged and bid submitted for partial scope of work may be rejected.

Interpretation of Bid Documents

If the Bidder finds any discrepancies or omissions in the bid specifications and

documents or is having any doubt as to the true meaning of any part of the bid

document, he shall at once submit a written request in English language for

clarification or interpretation of the doubt in question. This written request shall be

submitted in duplicate to the Owner at the following address:

The Vice President, Operations Barmer Lignite Mining Company Limited, H No: B 13-14 (Opp. Rajasthan State Ware House) RIICO Industrial Area Barmer-344001

While the Owner shall make efforts to furnish the clarifications, the same shall not be a

ground for extension of the deadline prescribed by the Owner for submission of bids.

Nevertheless, if some clarification is of a nature, which basically alters the bid's scope,

the Owner may, at its discretion, extend the deadline for submission of the bid.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

The Owner shall respond in writing to any request for clarification of the bid

documents, which it receives not later than 07 days (seven) prior to the deadline for

submission of bids prescribed by the Owner. Written copy of Owner's response

(including an explanation of the query without identifying the source of enquiry) will be

sent to all prospective Bidders. However, no oral or other interpretation shall be

considered as binding on Owner. Copies of such clarification or notice received by the

Bidder shall be included as an appendix to its bid.

The Owner may amend the bid documents at any time by issue of an amendment.

Language of the Bid

All information given in the bid shall be in English language. Information in any other

language shall be accompanied by its translation in English. Failure to comply with this

requirement may disqualify the bid. In the event of any discrepancy in meaning, the

English language copy of all documents shall govern.

Bid Offer Prices

The Bidder shall indicate on the appropriate Price Schedule (Schedule – 2) attached

to these documents, bid prices for the consultancy services under the contract and as

required in the bid specification.

The price for consultancy shall be firm and not subject to any price adjustment during

the entire period of the consultancy services

Period of validity of the Bids

The bid shall remain valid for 120 days from the date of bid opening prescribed by the

Owner. A bid valid for a shorter period may be rejected by the Owner as non-

responsive.

Preparation of Bid

Two copies of the proposal comprising of two parts viz. of technical and price bids

(Envelop 1 and Envelop 2 respectively) shall be submitted to the office of

Barmer Lignite Mining Company Limited, Office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA)

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

Technical Proposal (Envelop 1) shall include following information:

a. Confirmation sought from the Bidder for Time schedule as per format enclosed

as Schedule – 1.

b. Format related to General, Financial and Commercial Particulars of the Firm as

per Annexure – 1.

c. Format related to Information in respect of Bidder’s experience as per

Annexure – 2.

d. The Composition of the team of personnel which the Bidder would propose to provide and the tasks which would be assigned to each team member shall be submitted by the Bidder.

Price bid shall include following information:

Schedule of price Bid in Schedule – 2.

All bids shall be prepared by typing or printing with indelible ink. One original proposal

and One copy of the original proposal shall be submitted by each Bidder. The bids

submitted and the documents attached thereto shall be considered a part of the bid

document.

If there is any discrepancy between the original and the copy of the proposal, the

original shall be taken as authentic.

The Bidder must state in its bid a valid address at which notice may be served. All

such notices shall be deemed to have been served validly which are left at such

address or if sent by post shall be deemed to have arrived in due course. Any change

of address must be notified to the Owner and until such notification is received, the

Owner shall not be bound to take notice of any change of address and all

correspondence sent to earlier address shall be deemed to be validly served on the

Bidder.

Submission of Bids

Two copies of the proposal comprising of two parts viz. of technical and price bid shall

be submitted to:

Barmer Lignite Mining Company Limited, OfficeNo. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA)

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

The envelope super scripted as "TECHNICAL PROPOSAL" (Envelope 1) should

include the description of the firm / organization, the firm's general experience in the

field of assignment, the qualification and competency of the personnel proposed for

the assignment and the proposed work plan methodology, approach, software

proposed to be used for the execution of the Scope of Work. This envelope (Technical

Proposal) should not contain any price/cost information whatsoever.

The second sealed envelope super scripted as "PRICE PROPOSAL" (Envelope-2)

should contain the detailed price offer for the consultancy services.

Both the sealed envelopes (containing Technical and Price proposals, envelope

1 & 2); should be placed in one sealed cover super scripted thereon

"PROPOSAL FOR APPOINTMENT OF CONSULTING ENGINEER SERVICES FOR

6.0MTPA LIGNITE HANDLING PLANT AT JALIPA LIGNITE MINES, BARMER,

RAJASTHAN " and this envelope should reach the office of:

Barmer Lignite Mining Company Limited, Office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA)

on or before 03-Sep-2015, 3.30 PM. The offers received after this date and time on

any account for any reason whatsoever, will be ignored.

Deviations

The Owner desires that the Bidder shall perform the work strictly in accordance with

the bid documents. No deviations will be entertained and the bidders are required to

submit unconditional bid only.

Evaluation of Proposal

The Bidder shall be qualified as per the qualifying criteria indicated in this Bid

Document. In case the Bidder does not fulfill qualifying criteria his offer shall be

summarily rejected.

The Qualified Bidders shall thereafter be evaluated on the following parameters:

Experience relevant to proposed Scope of Work.

Track record of installations and experience claimed by Bidder.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

Experience and availability of Key Personnel earmarked by the Bidder for the

proposed project.

Time Schedule proposed by the Bidder.

The Owner shall evaluate the bids with the overall perspective of ensuring satisfactory

delivery of Scope of Work. Owner shall, based on the above evaluation shortlist the

Bidders whose Price Bid shall be considered for award by the Owner. If necessary,

any or all Bidders may be required to make a presentation to BLMCL of their proposal

at their cost.

Award of Contract

Notwithstanding anything contained in this document, the Owner reserves the right to

accept or reject any bid, and to annul the bidding process and reject all bids, at any

time prior to award of contract, without thereby incurring any liability to the Bidder or

Bidders or any obligation to inform the affected Bidder or Bidders the grounds for the

Owner's action.

Notification of award of contract shall be made in writing through a 'Notice of Award',

i.e. Letter of Intent (LoI), to the successful Bidder. This letter of intent shall be sent at

bidder address through registered post or by cable or telex or FAX or courier service

or by speed post that its bid has been accepted.

Till such time the formal contract is signed, the LoI issued by the Owner to the

successful Bidder and its acceptance by the Bidder shall be construed as a contract

document and conditions of contract contained in these documents shall become

applicable.

Signing of Contract

The Successful Bidder shall have to sign a formal contract agreement with the Owner

within 15 days from the date of LoI. Under certain circumstances, the Owner may give

an extension of time for signing of contract.

If the Successful Bidder fails to sign contract within stipulated time, the same shall

constitute sufficient ground for the annulment of the award of consultancy work. In

such an eventuality, the Owner may make the award to the next evaluated responsive

Bidder or call for new bids.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

SECTION II - GENERAL CONDITION OF CONTRACT

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

1. CONTRACT DOCUMENTS

The term "Contract Documents" shall mean and include the following:

a. The bid specification issued by the Owner.

b. Consultant's proposal.

c. Any agreed variations to the conditions of the bid documents and specifications.

In the event of any conflict between the above, the decision of the Owner shall be final

and binding upon the parties.

2. DEFINITIONS

Unless defined otherwise, the following terms wherever used in this bid document

shall have the following meaning:

a. "Consulting Engineer" or “Consultant” or "Engineer" shall mean the

Bidder/Consultant whose bid has been accepted by the Owner for the award of

contract.

b. "Owner" means Barmer Lignite Mining Company Limited (BLMCL) and shall

include its legal representatives, successors and permitted assigns.

c. "Specification" shall mean the technical specifications forming a part of the

contract and such other schedules and drawings as may be mutually agreed

upon.

d. "Start Date" shall mean the date from which the periods specified for activities

are measured and set forth in the relevant schedules.

3. EFFECT AND JURISDICTION OF CONTRACT

a. The contract shall be considered as having come into force from the date of

issue of Letter of Intent (LoI). This date will be called as the effective date of

contract.

b. The laws applicable to this "contract" shall be the laws in force in India. The

courts of Jaipur, India shall have exclusive jurisdiction in all matters arising

under and on account of this contract.

4. TIME SCHEDULE

Time schedule for all activities as follows:

The work for stage-1 and 2 will commence simultaneously.

a. Draft DPR within 15 days from the date of issue of LOI.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

b. Submission of Final DPR within 7 days from the date of receipt of

suggestions/comments on the draft DPR

c. Preparation of tender documents within 15 days from the date of submission to

Draft DPR Report.

d. Submission of Final Tender documents within 7 days from the date of receipt of

suggestions/comments on the draft tender documents.

e. Submission of the draft technical bid evaluation report within 15 days from the

date of opening of the bids

f. Submission of the final bid evaluation report within 7 days from the date of

receipt of comments from the owner.

g. Submission of draft work order within 7 days of Final Bid evaluation.

h. Submission of final work order within 7 days of receipt of comments from owner.

i. Review / certification of document (s) / drawing (s) submitted by EPC contractor

for validation within 7 days of the receipt of the same.

5. CONTRACT PRICE

a. The price accepted by the Owner for the entire scope of consultancy works -

services shall be treated as the total contract price.

b. The Owner reserves the right to seek termination of the contract for reasons

attributable to its further investment in the Project. In such a scenario,

Consultant shall be compensated only for the work completed till such date.

Both the Parties shall discuss in good faith, the amount of such compensation.

The Work, Designs or any other document etc. produced till such date shall

become the property of the Owner.

6. EARNEST MONEY DEPOSIT (EMD) The Earnest Money to be deposited will not carry any interest and shall be returned / refunded to bidders within 30 days after completion of bidding process.

7. INSURANCE

The Consultant, at its own cost, shall arrange, secure & maintain insurance as may be

necessary for all such amounts to protect its interests. The insurance coverage shall

be adequate to cover all contingencies. The safety, security, insurance and any other

commitments towards the personnel and equipment deployed or towards any third party

shall be bidder’s responsibility.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

8. CONSULTANT'S DEFAULT

a. If the Consultant shall neglect to execute the work covered by this contract with

due diligence and expedition or shall refuse or neglect to comply with any

reasonable orders given to him in writing by Owner, the Owner may give a

notice in writing to the Consultant to make good the failure, neglect or

contravention. If the Consultant fail to do so within 10 days from the date of

serving such a notice, the Owner may without prejudice to any other rights he

may have under the contract, take the work wholly or in part out of the

Consultant's hand and get the work done by other agencies at the Consultants

risk and cost.

b. The Owner, in such event, shall be entitled to retain and apply any balance,

which may otherwise be due to the Consultant for the payment of cost of

executing the said part of the works taken out of the Consultant's scope. If the

cost of executing the said part of the works or of completing the works shall

exceed the balance due to the Consultant, the Consultant shall pay such

excess.

9. FORCE MAJEURE

a. In the event of either party being rendered unable by Force Majeure to perform

any obligations required to be performed by them under the contract the relative

obligation of the party affected by such Force Majeure shall upon notification to

the other party be suspended for the period during which such cause lasts.

b. The term “Force Majeure” as employed herein shall mean act of God, revolt,

riot, fire, flood, war and Acts and Regulations of any Government.

c. Upon the occurrence of such cause and upon its termination, the party alleging

that it has been rendered unable as aforesaid thereby, shall notify the other

party as soon as practicable giving full particulars and satisfactory evidence in

support of its claim.

d. In the event of Consultant being unable to perform its obligations due to Force

Majeure as above, the Consultant shall help the Owner by making alternative

arrangement as far as it can, so that the work does not suffer.

e. The period of contract shall stand automatically extended corresponding to the

period lost due to Force Majeure conditions and the consultant shall not be

entitled for any compensation for the force majeure period.

f. In case of the Force Majeure conditions lasting more than two months, BLMCL

shall have the right to terminate the contract.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

10. LIABILITY OF THE CONSULTANT

The Technical Consultants liability under this contract shall limited to the Contract

Price. The cap on liability shall, however, not be applicable in case of gross

negligence or wilful misconduct by the Technical Consultant.

11. PATENT, RIGHTS & ROYALTIES

a. The Consultant shall hold harmless and indemnify the Owner from and against

loss, damage and expenses arising from any claim for infringement of a patent,

copyright, design and other such rights in existence or to be granted on an

application published prior to the completion of this Contract with respect to or

arising out of the use or supply of design, or any work in accordance with the

designs, drawings or specifications furnished, approved or recommended by

the Consultant.

b. The Consultant shall promptly notify the Owner in writing if the Consultant has

acquired knowledge of any patent under which a claim or suit for infringement

could reasonably be brought because of the use by Owner of any information,

recommendation or specifications, or services rendered by the Consultant.

c. The Consultant, in such case, shall forthwith at their own cost make and furnish

to the Owner alternative designs, drawings, specifications, or recommendations

to avoid the same and without putting the Owner to additional cost, charges or

expenses.

12. TERMS OF PAYMENT

The terms of payment under this contract shall be as per Schedule-2 of Prices.

Running bills to the extent of 90% shall be payable within 30 days from the date of

receipt of the bills duly verified by the Engineer In charge:

a. The terms of payment under this contract shall be as below:

1. Stage-1

a. 50% on submission of draft DPR

b. 30% on submission of final DPR after incorporating owners comment

c. 10% On approval of DPR by Owner

2. Stage-2

a. 30% on submission of the draft tender document with all the drawings and

the annexure.

b. 30% on submission of final tender documents with all the drawings and

the annexure after incorporation of the owners comments.

c. 5% on submission of the draft technical bid evaluation report.

d. 10% on submission of the final technical bid evaluation report after

incorporation of the owner’s comments.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

e. 5% on submission of draft work order

f. 10% on submission of the final work order

3. Stage 3

For Review works

a. LHS layout: 25% of stage 3 cost

i. 30% on first review and offering comments

ii. 60% on final approval of the drawings

b. LHS Civil and structural works: 25% of stage 3 cost

i. 30% on first review and offering comments

ii. 60% on final approval of the drawings

c. LHS Mechanical: 25% of stage 3 cost

i. 30% on first review and offering comments

ii. 60% on final approval of the drawings

d. LHS Electrical and C&I: 25% of stage 3 cost

i. 30% on first review and offering comments

ii. 60% on final approval of the drawings

For manpower for inspection services at site or vendors place will be based on man

day visit basis.

b. TDS shall be deducted as per the provision of Income Tax Act.

c. Any expenses incurred on behalf of consultant, which is in scope of consultant.

d. Other deduction (if any, as applicable)

Retained amount shall be payable within 30 days of project completion.

All payments shall be made on submission of pre-receipted Bills to Barmer Lignite

Mining Company Limited (BLMCL) by the Consultant in duplicate.

13. TAXES

a. The Consultant shall be liable and responsible for payment of Income Tax and

all other taxes (except Service Tax), which may be levied on the fees/payments

received from the Owner under the terms of this contract and shall keep the

Owner harmless against any claim/liabilities and outgoing in this behalf. The

Service Tax, as per applicable government notification, shall be to Owner’s

account.

b. All the statutory deduction i.e. TDS, WCT etc. as per applicable Law will be

deducted at source.

c. Service tax shall be reimbursed on actual. The Consultant has to submit service

tax registration certificate.

d. 1.3 Consultant shall be solely liable and responsible to bear and pay any and all

taxes, duties, Govt. levies, other applicable fees or any other charge etc. as

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

applicable in relation to any work undertaken by Consultant, connected with or

related to the Work.

e. The Consultant shall submit required certificate from Chartered Accountant

certifying the discharge of liability towards Service Tax.

14. DEPLOYMENT OF PERSONNEL BY THE CONSULTANT

The Consultant shall deploy a team of well-qualified and experienced engineering

personnel and draftsmen working full time on this Project till completion of the

awarded engineering services. The details of qualifications and experience of

personnel proposed to be deployed for the Scope of Work shall be submitted to the

Owner for his approval. In case the Owner requests for change in some team

members due to inadequate experience, Consultant shall be obliged to honour such

requests. The manpower deployed for this task shall be guaranteed by the Consultant

discipline wise (Process, Mechanical, Electrical, Control & Instrumentation, and Civil)

and category wise (for engineers and draftsmen) required for completion of services

included under the scope of the Specification.

The Consultant shall demonstrate to the satisfaction of the Owner the adequacy and

qualification of the staff it intends to employ in regard to the category and number, to

meet the Schedule. The Consultant shall engage a senior level executive to act as full

time overall co-coordinator as a focal point for all inter actions with Owner throughout

the period of consultancy assignment. In case the Consultant intends to change any of

the personnel due to reasons beyond the control of the Consultant, he shall seek prior

written permission of the Owner.

15. RESPONSIBILITY OF CONSULTANT

a. It is not the intent or purpose of this specification to give details of every single

task which the Consultant will be required to perform for satisfactory completion

of work in his scope. The requirements specify only the scope and major items

of work and the Consultant shall be required to render complete engineering

services which are necessary for satisfactory completion of all the areas of work

assigned to him in totality.

b. The Consultant shall be fully responsible for the collection of all data to enable

him to engineer the project.

c. The Owner reserves the right to review the work performed by the Consultant,

ask for any clarifications and changes/modifications to the work performed by

the Consultant. Such changes shall be mutually discussed and agreed between

the Owner and Consultant and the same shall be incorporated by the

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Consultant in his work without any cost liability to the Owner and without any

dilution of the responsibility of the Consultant.

d. It would be the responsibility of the Consultant to collect all data/ information

required for satisfactory delivery of the mandate. BLMCL shall extend full support

including written request to respective entities for facilitating collection of the

information. Reports, Drawings and information available with the Owner will be

shared with the Consultant.

16. OBLIGATIONS OF CONSULTANT

a. All plans, design calculations, studies, data, maps, drawings and specifications

prepared by the Consultant in connection with the services to be provided by

the Consultant under the Contract shall be the property of the Owner. As and

when required or upon termination of the Contract, the aforesaid documents,

prepared specifically for this project (including originals) shall be handed over to

the Owner.

b. The Consultant shall take all necessary steps to ensure confidential handling of

all matters pertaining to plans, designs, drawings, specifications, method and

any other information developed or acquired by him from the Owner under

terms of the Contract or performance thereof.

c. The Consultant shall not prepare article or photographs for publication or

speeches about the work and / or plant contracts and installation in which the

Owner has interest without prior written consent of Owner.

d. The consultant shall ensure all the drawings and documents comply with

applicable standards and safety norms.

17. STATUTORY REQUIREMENTS

While reviewing the systems, the Consultant must ensure the statutory regulations

such as provision of CEA, CERC, CWC, Indian Electricity Act & Rules, Coal Mines

Regulations, Mines Act & Rules and other relevant state and national agencies etc.

are met.

18. DETAILS OF QUALIFICATION/ BIO DATA/ NUMBER OF COMPETENT

PERSONNEL

The Consultants in their bid should furnish the details of Qualification, bio-data, &

number of competent personnel in their organization who would be responsible and

earmarked for the implementation of this consultancy work.

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

19. USE OF COMPUTERIZATION AND SOFTWARE

It is envisaged by the Owner that extensive use of computerization and software shall

be made by the Consultant to facilitate the designing, layouts, evaluations etc. the

Bidder should specifically indicate the details of software he shall be using for

validation of Design, Layout, Engineering etc.

20. QUALITY

All works covered in this consultancy services shall be carried out in accordance with

modern engineering practices and only engineers having experience in this field shall

be deployed for this work.

The work should conform to various Indian and International Standards. The details of

design calculations for deciding the operating parameters of the project and

equipment’s selected shall be in accordance to the relevant standards.

21. OPTIMIZATION OF THE PROCESS/PROJECT

The Consultant while preparing the DPR and tender is expected to propose most

optimum and cost efficient process for the LHP.

22. DRAWINGS, DOCUMENTS & REPORTS

The Consultant will be required to submit at least two sets of each study reports,

drawings, technical documents etc. Ten copies of final tender documents (along with

a soft copy) shall be made available for sale along with the commercial terms and

conditions duly approved by the Owner while advertising the Bid for contactors

selection.

23. PROGRESS REPORT

In first week of every month, the progress on the project would be reviewed through

tele/video conferencing among the Technical consultant / BLMCL.

The Consultant shall submit Monthly Progress Reports on the status of work entrusted

to them bringing out the details of works completed, works in hand, bottlenecks if any,

and efforts made to improve upon the time schedule. Periodicity of the report may be

increased subsequently, as per the requirement.

24. SETTLEMENT OF DISPUTES

a. In the event of a dispute the parties shall endeavor to resolve such dispute in

good faith in the first instance within 30 days of the notice of such a dispute.

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b. Arbitration:

In case of any dispute or difference between the Parties arising out of or

pertaining to this contract shall be resolved by Arbitration by a sole Arbitrator, to

be appointed by the MD, BLMCL. The contractor expressly waives its right to

question the appointment of the sole arbitrator on the ground that the Appointing

Authority is the MD, BLMCL. The Arbitration shall be conducted in accordance

with the provisions of the Arbitration and Conciliation Act, 1996. The venue of

arbitration shall be Jaipur.

25. SUSPENSION OF CONTRACT

The client may, by written notice of suspension to the Consultant, suspend all

payments to the Consultant, hereunder, if the Consultant fail to perform any of his

obligations under this Contract, including carrying out of the Services, provided that

such notice of suspension (i) shall specify the nature of the failure, and (ii) shall

request the Consultant to remedy such failures within a period not exceeding thirty

(30) days after receipt by the Consultants of such notice of suspension.

26. TERMINATION OF CONTRACT

The Owner may, not less than thirty (30) days give written notice of termination to the

Consultants, such notice to be given after the occurrence of any of the events

specified in paragraphs (a) through (e) of this Clause terminate this Contract.

a. If the Consultant fails to remedy a failure in the performance of his obligations

hereunder, as specified in a notice of suspension pursuant to Clause herein

above, within thirty (30) days of receipt of such notice of suspension or within

such further period as the Owner may have subsequently approved in writing.

b. If the Consultant becomes insolvent or bankrupt or enter into any agreement

with his creditors for relief of debt or take advantage of any law for the benefit of

debtors or go in to liquidation or receivership whether compulsory or voluntary.

c. If the Consultant submits to the Owner a statement which has a material effect

on the rights, obligations or interests of the Owner and which the Consultant

know to be false.

d. If as the result of Force Majeure, the Consultant is unable to perform the

Services for a period of not less than sixty (60) days, or

e. If the Owner, in its own discretion and for any reason whatsoever, decides to

terminate this Contract.

27. BLMCL’s RESPONSIBILITY

a. Furnish copy of the site plan, showing the proposed project site.

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b. Provide data, documents and drawings available with them as required by the

consultant for performance of their duties.

c. Arrange for meetings with suppliers/vendors by giving adequate notices for

participation in the meetings.

Any other activity which is not mentioned in BLMCL scope will be in the scope of the

consultant.

28. DELIVERABLE FROM CONSULTANT

a. The draft project report in soft copy.

b. The final project report in hard and soft copy.

c. Submission of draft tender documents for verification in soft copy.

d. Submission of final tender documents for approval in hard and soft copy.

e. Submission of technical evaluation of all bidders.

f. The draft work order to be awarded in soft copy.

g. The final work order to be awarded in hard and soft copy.

h. Review of the successful/actual execution of project.

i. Review of all drawing & documents submitted by EPC contractor.

j. Project Monitoring, site inspection and expediting services

29. OTHER TERMS AND CONDITIONS

a. The safety, security, insurance and any other commitments towards the

personnel and equipment deployed or towards any third party shall be bidder’s

responsibility.

b. All the consumables to be procured by you.

c. The work shall be executed under supervision and direction of BLMCL.

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Schedule – 1

TIME SCHEDULE FOR THE ACTIVITIES

Following are the proposed time schedule

The work for stage-1 and 2 will commence simultaneously.

a. Draft DPR within 15 days from the date of issue of LOI.

b. Submission of Final DPR within 7 days from the date of receipt of

suggestions/comments on the draft DPR

c. Preparation of draft tender documents within 15 days from the date of

submission of draft DPR.

d. Submission of Final Tender documents within 7 days from the date of receipt of

suggestions/comments on the draft tender documents.

e. Submission of the draft technical bid evaluation report within 15 days from the

date of opening of the bids

f. Submission of the final bid evaluation report within 7 days from the date of

receipt of comments from the owner.

g. Submission of draft work order within 7 days of Final Bid evaluation.

h. Submission of final work order within 7 days of receipt of comments from owner.

i. Review / certification of document (s) / drawing (s) submitted by EPC contractor

for validation within 7 days of the receipt of the same.

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Annexure – 1

GENERAL FINANCIAL & COMMERCIAL PARTICULARS OF BIDDER

1.0 Name & communication details

1.1 Full legal name of the firm

1.2 Registered Office address

1.3 Telephone / Mobile

1.4 E-Mail

1.5 Tele fax

1.6 Person to be contacted

2.0 Nature/Status of Candidate firm (whether sole Proprietary/

Partnership/Private Limited / Public Limited/Public Sector)

3.0 Do you anticipate any change in the Proprietorship during

proposed period of work

No/Yes

If yes, define scope and effect: thereof.

4.0 Financial Details

4.1 Enclosed copy of Balance Sheets and Profit & Loss Accounts

for past 3 years

4.4 Indicate projected turnover for the current year & next year

4.5 Name & address of Bankers

Signature ------------------

Name ------------------

Seal of the Company Designation ------------------

Date ------------------

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Annexure–2

INFORMATION IN RESPECT OF BIDDER EXPERIENCE

1. Brief Description of the firm:

2. Outline of recent experience on assignments of similar nature:

Sr.

No.

Name

of

project

Capacity

of Unit

Scope of of

consultancy

Order

details

and

amount

Date of

Commissioning

Unit in

Service for

minimum

last two

year (

Yes/No)

Experience

certificate

attached

(Yes/No)

1 2 3 4 5 6 7 8

NOTE: Please attach certificates from the utility by way of documentary proof.

1. Regarding Col.4, please attach the details of works included under each

assignment.

2. Regarding Col. 8, documentary evidence from the client, for satisfactory

completion shall be enclosed.

Signature ------------------

Name ------------------

Seal of the Company Designation ------------------

Date ------------------

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Annexure – 3

PROFORMA FOR BANK GUARANTEE FOR BID SECURITY (EARNEST MONEY)

(To be stamped in accordance with Stamp Act)

REF. NO_____ BANK GUARANTEE NO.______ DATED_______ To, Barmer Lignite Mining Company Limited, Office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA) Dear Sirs,

1. Whereas Barmer Lignite Mining Company Limited, incorporated under the Companies Act 1956 having its registered office at Khanij Bhawan, Udyog Bhawan Campus, C–Scheme, Jaipur–302 005 (hereinafter called "BLMCL" which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and permitted assigns) has floated a Tender No ____ and M/s ____ having Head/Registered Office at _____(hereinafter called the "Bidder" which expression shall unless repugnant to the context or meaning thereof mean and include all its successors, administrators and executors and permitted assigns) have submitted a Tender reference No.______ and Bidder having agreed to furnish as a condition precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee of Indian Rs.______ (in figures) (Indian Rupees_____(in words) (“Bank Guarantee Amount”) for the due performance of Bidder's obligations as contained in the terms of the Notice Inviting Tender (NIT) and other terms and conditions contained in the Bidding Documents supplied by BLMCL.

2. We______ (Name of the Bank) registered under the laws of India having

head/registered office at________ (hereinafter referred to as "The Bank" which expression shall, unless repugnant to the context meaning thereof, include all its successors, administrators, executors and permitted assigns) guarantee and undertake to pay immediately on receipt of first demand by BLMCL, up to the maximum aggregate amount of Indian Rs.______(in figures) (Indian Rupees_____) (in words) at any time without any demur, reservation, contest, and recourse or protest, and without BLMCL having to substantiate the demand, pay BLMCL forthwith and in full without any deductions or set-offs or counterclaim whatsoever the sum as claimed by BLMCL in such Demand, or such lesser sum which in aggregate with all sums previously paid hereunder shall not exceed an amount equivalent to the Bank Guarantee Amount. Any such demand made by BLMCL shall be conclusive and binding on the Bank irrespective of any dispute or difference raised by the Bidder.

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3. BLMCL may make an unlimited number of Demands under this Bank Guarantee

provided that the aggregate of all sums paid under paragraph 1 shall not exceed the Bank Guarantee Amount.

Bank shall not be in any way be released or discharged from any liability hereunder by the insolvency winding up, reorganisation, amalgamation or liquidation of the Bidder (including any appointment of a receiver, administrator, administrative receiver or supervisor of the Bidder or any of its assets) nor any dispute or disagreement whatsoever between BLMCL and the Bidder or any other person, or any liquidator or any other person and the obligations of Bank hereunder shall be continuing and shall remain in full force and effect. Bank shall indemnify BLMCL immediately on demand against any cost, loss or liability suffered by BLMCL as a result of the obligation to pay in accordance with Bank Guarantee being or becoming unenforceable, invalid or contrary to the laws of India (except in the case of a fraudulent demand).

Any demand, notice or other communication given in connection with or required by this

Bank Guarantee shall be made in writing (entirely in the English language) and subject

to paragraph ______ shall be delivered by hand to, or sent by pre-paid registered post,

or facsimile transmission to:

BLMCL at:

[Bank ] at:

[address and fax no.] marked for the attention of the [ ];

or such other address as may be notified in writing from time to time.

Any such demand, notice or communication shall be deemed to have been duly

served:

(a) if delivered by hand, when left at the property address for service after affixation

of acknowledgement receipt,

(b) if given or made by pre-paid registered post or facsimile transmission, when

received,

provided in each case that if the time of such deemed service is either after 5.00 p.m.

on a business day (being a day other than a Sunday or a public holiday on which banks

are open for domestic business in the city of Jaipur) or other than on a business day

service shall be deemed to occur instead at 9.00 a.m. on the next following business

day.

The Bank confirms that this Guarantee has been issued with observance of appropriate laws of the country of issue.

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4. The Bank Guarantee shall be unconditional and irrevocable and governed and

construed in accordance with Indian Laws and subject to the exclusive jurisdiction Courts in Jaipur, Rajasthan for deciding any dispute/Arbitration.

5. This Guarantee shall be unconditional and irrevocable and shall remain in force up to _________ which includes three months after the period of bid validity and any demand in respect thereof should reach the Bank not later than the aforesaid date.

6. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian Rs. -------- in figures) (Indian Rupees -------) (in words) and our guarantee shall remain in force until ------------ (indicate the date of expiry of bank guarantee) (“Expiry Date”).

Any claim under this Guarantee must be received by us before the Expiry Date of this Bank Guarantee. If no such claim has been received by us by the Expiry Date, the rights of BLMCL under this Guarantee will cease. However, if such a claim has been received by Bank by the Expiry Date, all the rights of BLMCL under this Guarantee shall be valid and shall not cease until we have satisfied such claim. In witness whereon, the Bank through its authorized officer has set its hand and stamp on this........ day of ........ at .........

(SIGNATURE) Full name, designation and official address

(in legible letters) with Bank Stamp Attorney as per power of Attorney No ....... Date ...........

WITNESS N0.1 (SIGNATURE) Full name and official address (in legible letters) WITNESS NO.2 (SIGNATURE) Full name and official address (in legible letters)

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Schedule – 2 (Schedule of prices)

Price Bid for Technical Consultancy and Pre engineering Services for 6 MTA Lignite Handling System

(In INR)

UOM QTY Rate Amount

Sr No Description

1

Stage1: Pre-order engineering consultancy: a. Preparation of Detailed Project Report and

recommendation of best suited process considering lowest total cost of ownership for the life cycle of the project.

b. Estimation of project cost, O&M cost and time schedule for the project.

c. Preparation of conceptual scheme, technological parameters, system design, sizing & selection of equipment and associated facilities.

d. Preparation of proposed plant conceptual flow sheet and basic engineering drawing.

Lumpsum 1 -

2

Stage2: Project ordering engineering services a. Preparation of bid document including

scope of work and technical specification for the bid.

b. Scrutiny and evaluation of the technical offer of bidders, discussion with the bidders as required, obtaining clarifications and submitting recommendations for finalization & placement of orders.

c. Scrutiny of the contract document submitted by successful LHS bidder, discussion with the Owner in order to firm up performance parameters, scope of work and other interfacing requirements.

Lumpsum 1 -

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TECHNICAL CONSULTANCY AND PRE-ENGINEERING SERVICES FOR 6.0 MTPA CAPACITY LIGNITE HANDLING PLANT

3

Stage 3: Post order engineering consultancy a. Review and approval of drawings submitted

by successful bidder for LHS showing general arrangement of plant and equipment, layouts of auxiliaries, electrical and instrumentation & control systems.

b. Review and approval of all engineering documentation of the successful LHS bidder relating to approval from Owner to ensure completeness as per specifications and compliance to applicable standards and norms.

c. Review and approval of design basis and design calculations and basic design drawings namely, general arrangement drawings to be submitted by successful LHS bidder.

d. Review and approval of basic design drawings for the structural steel work namely general arrangement drawings to be submitted by successful LHS bidder.

e. Review and approval of procedures/manuals for start-up/shutdown, periodical maintenance and manuals for various equipment submitted by the successful LHS bidder.

f. Review / approval of QAP submitted by LHS bidder.

g. Project schedule monitoring and advising owner on the possible bottle necks to facilitate completion of the project on time.

h. Providing technical assistance by visits of design engineers as and when necessary.

i. Witnessing and certification of the PG test.

Lumpsum 1 -

4 Man day rates for inspection services at site (Lodging, Boarding & Transportation at site shall be arranged by BLMCL free of cost).

Man day 1

Total

Taxes applicable

Withholding Tax

Service Tax

Total ( Including

Taxes) -

Total in Words – Rs. -----------------------------------------------------------------------------------------

------------------------------------------------ only.