BID DOCUMENT SL. REFERENCE SUBJECT Pre-Bid · PDF fileREFERENCE SUBJECT Pre-Bid query BPCL...

SL. NO.

BID DOCUMENT REFERENCE SUBJECT Pre-Bid query BPCL Response

PAGE CLAUSE

1.

7 of 75 of

Tender Docume

nt

Section-II, Project

Scope

Background

Along with this tender document is a preliminary list of equipment that are proposed for the 2G Ethanol Plant. The same is enclosed as Annexure 1. The Plot Plan of the Plant is enclosed as Annexure 2. The final equipment list and layout shall be confirmed during Basic Engineering stage. BPCL is requested to note Annexure 1 & Annexure 2 is not available in the tender document. Kindly provide the same.

The annexures 1 & 2 were provided along with EOI. The same should be considered for PMC tender.

2.

33 of 43 of

Request for

Quotation/40 of 75 of

Tender Document /66 of

75 of Tender Docume

nt

5.8/1.0

Mechanical

Completion/

Section-VII

(Time

Schedule)

In Clause No. 5.8 of Request for Quotation, Project Schedule is mentioned as 24 months from the zero date whereas in Tender Document Clause No. 5.8, the same is mentioned as 16 months from the zero date. Please clarify.

The Project Schedule is 16 months from the zero date.

3.

66 of 75 of

Tender Document/70 of 75 of

Tender Docume

nt

1.0/1.5

General

/Section-

VIII,

Warranties

&

Guarantees

(Limitation

of Liability)

The Last line of 4th para of Cl. No. 1.0 mentions “The overall maximum liability is 5% of the overall executed contract value” whereas in Cl. No. 1.5 of Section-VIII (Warranties & Guarantees) it is mentioned “The overall limit of Consultant’s liability under this contract for all guarantees, warranties, liquidated damages of whatsoever nature, whether expressed or implied shall be limited to twenty percent (20%) of the lump-sum price.’’ Please clarify.

The overall limit of Consultant’s liability under this contract shall be limited to 20% of the contract value.

4. 1 of 43

of 7th line of 4th para

-- Consultant request to replace the

phrase “…….an amount

Tender clause shall prevail

SL. NO.


PAGE CLAUSE

Request for

Quotation

equivalent to any tax liability

accruing to the OWNER and/or to

the extent of any loss accrued to

the OWNER due to the non-

availability of input tax credit or

any liability accrued to the

OWNER shall either stand

cancelled or deducted from the

payment due to the VENDOR”

from 7th line of 4th para by “an

amount equivalent to any tax

liability (and associated interest

and penalty) accruing to the

OWNER shall either stand

cancelled or deducted from the

payment due to the VENDOR.”

Kindly confirm.

5.

2 of 43 of

Request for

Quotation

2nd para --

Consultant request to replace the

existing clause by the following:

“Any tax liability, penalty, interest

as the case may be which

accrues to the OWNER at any

point of time on account of non-

compliance of applicable tax laws

or rules or regulations thereof or

otherwise due to default on the

part of CONTRACTOR/VENDOR

shall be borne by the VENDOR.

An amount equivalent to such tax

liability, penalty, interest as the

case may be shall be reimbursed

by the CONTRACTOR/VENDOR.

Any GST as may be applicable

on such recovery of amount shall

also be borne by VENDOR.”

Kindly confirm.


6.

7 of 75 of

Tender Docume

nt

Section-II, Project

Scope

Background

Rice straw as the main feed

stock as mentioned in the project

scope.

Owner is requested to intimate

Rice straw is the design feed for the project. However data with Maize stalk as check case shall be included in BEDP.

SL. NO.


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what are other feed stocks

envisaged for the process.

7.

8 of 75 of

Tender Docume

nt

Section-II, Project

Scope

PMC’s

Scope of

Work

Since the technology is new

Basic 3D model needs to be

furnished by Licensor which can

be further developed by

LSTK/PMC. Owner is requested

to arrange the same.

Kindly confirm.

Not acceptable. Preparation of 3D model and its review upto 30% shall be in the scope of PMC.

8.

10 of 75 of

Tender Docume

nt

Section-II, Project

Scope

Infrastructur

e/Pre-

Project

Phase

OWNER is requested to provide the updated overall plot plan in AUTOCAD Format. Owner to furnish Meteorological data, earthquake /seismic survey reports preliminary soil report immediately after award .Owner to confirm.

Plot plan of AUTOCAD format shall be provided by BPCL. However Meteorological data, earthquake /seismic survey reports preliminary soil report is to be furnished by PMC. If required, PMC shall line-up appropriate contracts for the same.

9.

11 of 75 of

Tender Docume

nt

Section-II, Project

Scope

Infrastructur

e/Pre-

Project

Phase

As mentioned in scope a separate contract for water and power needs to be lined up for the same from the identified source to bio refinery site. However the Time lines for these contracts are not mentioned in the Time schedule section -vii -Major mile stones page number 66 & 67 of 75. The schedule for the completion of these works will be decided in consultation with BPCL post award of the PMC contract. Kindly confirm.

The schedule for completion of the contract for water & power transportation up to the bio refinery site shall be part of the overall project schedule and is to be completed before the Mechanical completion of the Project.

10.

11 of 75 of

Tender Docume

nt

Section-II, Project

Scope

Infrastructur

e/Pre-

Project

Phase

OWNER is requested to Confirm regarding the availability of internet facilities at the bio refinery site.

PMC shall arrange for internet facilities for itself & BPCL initially and to arrange the same through LSTK Contractor afterwards;

11.

12 of 75 of

Tender Docume

nt

Section-II, Project

Scope

Infrastructur

e/Pre-

Project

Phase

PMC shall design or recommend facilities for checking the quality of BIO MASS supplied by vendors. PMC suggests this shall be kept in the scope of licensor as feed

Not acceptable. PMC shall design/recommend facilities for checking the quality of biomass supplied by vendors. Licensor shall provide technical support for the same wherever required.

SL. NO.


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stocks are proposed by LICENSOR for 2G Ethanol project. Owner is requested to confirm on the same.

12.

14 of 75 of

Tender Docume

nt

Section-II, Project

Scope

3.2/ Basic

Engineering

PMC shall carry out preparing P&ID'S for 2G Ethanol project. Owner is requested to note that P&ID'S & PFD'S are to be furnished as a part of Licensors BDEP package. Owner to ensure the same.

P&IDs & PFDs for ISBL facilities shall be provided by Licensor as part of BEDP package. Review of these P&IDs & PFDs and preparation of P&IDs & PFDs for Utilities & Offsites (OSBL) is in PMC’s scope.

13.

14 of 75 of

Tender Docume

nt

Section-II, Project

Scope

3.10/Operati

ng Manual

The detailed operating manuals for process units are to be issued by process licensor for all process units. PMC will review and issue operating manuals submitted for utilities by Packages contractors. Owner is requested to note the above and confirm.

As mentioned in the tender document, PMC shall prepare detailed and customized operating manuals for process unit, utility and offsite facilities associated to 2G Ethanol Plant based on the inputs from the licensor, own residual engineering, equipment vendors, LSTK contractor and Owner.

14.

28 of 75 of

Tender Docume

nt

Section-II, Project

Scope

3.15/Operati

ng Costs

While PMC will prepare the operating costs as mentioned in the clause, however in case of any inputs required from Licensor or from owner the same shall be furnished to PMC for finalizing operating costs. Owner is requested to confirm the above.

Accepted

15.

31 of 75 of

Tender Docume

nt

Section-II, Project

Scope

4.1/Procure

ment

Services

PMC will provide technical assistance to owner, however liasioning with customs authority for clearances shall be handled by owner directly with the concerned authorities. Owner is requested to confirm and accept the same.

Accepted.

16.

31 of 75 of

Tender Docume

nt

Section-II, Project

Scope

4.1/Procure

ment

Services

As this is being the permanent requirement for the plant operation BPCL is requested to directly float a tender for a specific number of years in consultation with the Licensor. Kindly confirm.

As mentioned in the tender document, PMC shall line-up a contract for the supply of Biomass (e.g. rice straw, etc.) as feedstock for the 2G Ethanol Plant and execute the same.

17. 31 of 75

of Tender

Section-II, Project

Scope

4.2/Inspectio

n &

PMC shall utilize its local offices in foreign countries for necessary expediting visits locally for which

As discussed during the pre-bid meeting, the expediting of foreign equipment shall be from desktop.

SL. NO.


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Document

Expediting all charges are deemed to be included in bidder’s price. Owner is requested to note that this cost cannot be envisaged and PMC cannot include this cost in the bidder’s price. Owner is requested to reimburse the local travel cost/ Lodging/boarding/Over Heads at actuals in line with company’s standard procedures for the subject activity. Kindly confirm.

18.

37 of 75 of

Tender Docume

nt

Section-II, Project

Scope

5.7/Construc

tion

Schedule,

Monitoring,

Managemen

t & Quality

Assurance

Providing assistance to BPCL in matters pertaining to local laws/labour and public relations. Owner being a principal employer it is requested that these issues shall be handled by them directly and this activity may please be deleted from PMC scope. Kindly confirm.

Not acceptable. PMC to ensure that LSTK Contractor deals with matters pertaining to local laws/labour and public relations. PMC shall be representing owner for such issues.

19.

48 of 75 of

Tender Docume

nt

Section-II, Project

Scope

9/Outsourcin

g

The details of key heads and leads at site and head office submitted during bid submission are mandatory from deployment from start of the project. Owner is requested to allow deployment of manpower other than as mentioned in the bid stage for HO and Site services. Kindly confirm.

Not acceptable.

20.

65 of 75 of

Tender Docume

nt

Section-VI,Remuneration,Contract Price &

Payment Terms

4/Notes

No overstay compensation shall be acceptable to BPCL. BPCL is requested to consider extended stay compensation to PMC in case reasons for delay not attributable to PMC. Kindly confirm.

Accepted.

21.

66 & 67 of 75 of Tender Docume

nt

Section-VII, Time Schedule

Time

Schedule

The schedule mentioned for Mechanical Completion is very short considering new technology to be provided for this type of jobs. The following schedule is

Not acceptable.

SL. NO.


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proposed. BPCL is requested to note and confirm the following schedule. Sl.No. Description PMC MODE 1 Receipt of BDEP from Licensor/OWNER + 5 Months 2 Preparation of FEED - + 3 Months 3 Award of EPC - + 4 Months 4 Implementation schedule + 20 5 Total 32 MONTHS

22.

12 to 28 of 75 of Tender Docume

nt

Section-II, Project

Scope

Scope of

PMC

Consultant request to add following in Licensor Scope of Work: a) Preparing P&ID’s for 2G Ethanol Plant complex including incorporating line numbers, PMS indicating piping specs, engineering inputs for detailed engineering.

b) Preparation of Basic Engineering Design Package for, Biomass storage

c) Licensor to provide all chemicals/catalysts/enzymes etc. wrt to specifications, sources, and rates of consumption. d) Preparation of logic diagrams with cause & effect table. Preparation of functional schematics, complex schemes with write up: to be in licensor scope. e) Prepare 3D model and review with Client/Licensor at 30% completion in PDS/PDMS Software – to be in licensor or LSTK contractor scope. f) Piping, Preparation of basic

a) Not acceptable. P&IDs for ISBL facilities shall be provided by Licensor as part of BEDP package. Review of these P&IDs & PFDs and preparation of P&IDs & PFDs for Utilities & Offsites (OSBL) is in PMC’s scope. Preparation of PMS indicating piping specs, engineering inputs for detailed engineering is in PMC’s scope of work. b) Not acceptable. Preparation of Basic Engineering Design Package for Biomass storage is in PMC’s scope of work. c) Accepted. d) The documents mentioned in the deviation point will be provided by licensor for ISBL facilities. PMC to review the completeness of these documents and prepare the same documents for OSBL facilities. e) Not acceptable. Refer point no - 7

SL. NO.


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VMS (valve material specification) and PMS (Piping Material Specification): to be in licensor scope. g) Thermal design of Heat Exchangers (except shell & tube HX). Kindly confirm.

f) not acceptable

g) Thermal design of exchangers

are in licensors scope. PMC to

validate.

23. General

Considering a short span in time in preparation of the bid, EIL request BPCL to extend the bid due date by 10 days from the date of receipt of reply to pre-bid queries. Kindly confirm.

As per the Minutes of Pre-bid meeting held on 22/09/2017, the due date for submitting bids has been extended till 10/10/2017.

SL. NO.


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1.

13 of 48 of

General Conditio

ns of Contract

28

No

Compensati

on for

Alteration in

or

Restriction

of Work

Bidder request to replace the existing clause by the following: “If at any time from the commencement of the work the owner shall for any reasons whatsoever, not require the whole or part thereof as specified in the tender to be carried out, the Engineer-in-Charge shall give notice in writing of the fact to the contractor.” Kindly confirm.

Not acceptable. The existing clause to be retained.

2.

23 of 48 of

General Conditio

ns of Contract

69 Suspension

of Works

Bidder request to replace the existing clause by the following: ‘’The contractor shall, if ordered

in writing by the Engineer-in-

Charge or his representative,

Not acceptable. The existing clause to be retained.

SL. NO.


PAGE CLAUSE

temporarily suspend the works or

any part thereof for such period

and such time as so ordered and

shall not, after receiving such

written order, proceed with the

work therein ordered to be

suspended, until he shall have

received a written order to

proceed therewith. The

contractor shall be entitled to

claim/ compensation for any loss

or damage sustained by him by

reason of temporary suspension

of the works aforesaid provided

that suspension was not

consequent to any default or

failure on the part of the

contractor. An extension of time

for completion, corresponding

with the delay caused by any

such suspension of the works as

aforesaid will be granted to the

contractor, should he apply for

the same, provided that

suspension was not consequent

to any default or failure on the

part of the contractor.’’

Kindly confirm.

3. -- Corrigendum No. 1

Revised

Critical

Milestones

of Project

Schedule

Bidder has reviewed the revised Critical mile stones of project schedule received with Corrigendum. We would like to mention that Schedule indicated is very ambitious. Further Bidder understands that the dates indicated against the activities/ Mile stones are for information/guidance and shall not form part of Contract and the Project schedule shall be considered as 32 Months from

Not acceptable.

SL. NO.


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date of LoA. Please confirm.

SL.

NO.

BID DOCUMENT REFERENCE QUERY BPCL RESPONSE

PAGE

NO.

CLAUSE

NO.

SUBJECT

1. 19 3.12 PMC shall prepare

all drawings &

technical

specifications for

Long Lead Items

(LLIs) and

Proprietary

Equipments and

shall float the

enquiries, evaluate

the quotations and

recommend for

award to the owner.

PMC shall be

responsible for

quality of the

manufacturing of

equipments. The

LLI and proprietary

equipments shall

be free issue to

LSTK contractor.

Consultant to consider 8-10

LLI (max).

Criteria – Delivery of LLI > 8

months.

Consultant to consider 10-12 nos.

of LLI with Delivery>8 months

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

2. 19 Static Equipment

Carryout the

mechanical design

to suit the process

conditions including

material

specifications.

PMC will review the

mechanical design carried out

by the respective vendors

including material

specifications.

Accepted.

3. 67 of

75

SECTI

ON VII

Time

Sched

ule

No.

2.0

Required Key

Dates

Some of the Dates indicated

for few Milestones (Sr. No. 5,

8, 10 & 11) are incorrect.

Requesting to please provide

the corrected Milestone dates

for better clarity and

understanding of the Project

schedule.

The revised critical milestones

Project Schedule have been

provided in Corrigendum 1 issued

on 25/09/2017.

4. 63 Under

2.2

Lump sum price

shall include

Contract labour for

stores handling

PMC shall not be responsible

for direct manpower. It can be

through stores handling

contractor engaged by

BPCL.

Not acceptable. BPCL will not

engage any material handling

contractor. PMC to arrange for

material handling via LSTK

Contractor.

5. 44 6.8 PMC shall develop

ware house for

keeping spare &

maintenance parts

Ware House / yard required

for storing free issue

materials. Bidder suggests

making one contract for

developing ware house /

storage yard / storage facility

- for Owner’s material.

Other contractors to develop

their own ware house /

PMC can arrange for material

handling via LSTK Contractor.

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

storage facility.

6. 74 1.10 Site security force

for site and site

perimeter shall be

by PMC

During Enabling work security

will be provided by respective

contractor. During EPC phase

LSTK contractor scope of

deploying security. Please

confirm.

PMC shall ensure site security by

the respective contractor (before

handing over the site to LSTK

Contractor).

7. 62 2.2 Telephone for

Owners use -

STD/ISD shall be

by PMC

Installation and

commissioning by LSTK

contractor. Please confirm.

Before LSTK Contractor, PMC

shall ensure installation of

telephone facilities at site

(STD/ISD calls).

8. 67 Sched

ule

Construction - start

01/12/2017 MC

31/03/2019

15 months - schedule may

have to be increased to at

least 20 months.

(Infrastructure & project

work).

Not Acceptable.

9. 11 2 -

infrastr

ucture

PMC to ensure

internet facility /

connectivity at its

office for and same

to be available with

LSTK contractor

and matching

facility for BPCL

PMC will make arrangement

for its own use and can be

shared to Owner. LSTK

contractor shall make his own

arrangement.

Accepted.

10. RFQ

Page

26 of

43 &

tender

4.2 Inspection /

Expediting

Tender indicates that

“Inspection of all indigenous

items will be carried out by

PMC”

To be clarified: It is assumed

Accepted. Third party if required to

be lined up by PMC through

LSTK..

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

Page

32 of

75

that only LLI & critical items

inspection will be carried out

by PMC. Remaining items

shall be LSTK contractor’s

scope.

11. RFQ

Page

13 of

43 &

Tende

r Page

15 of

75

RFQ

Page

22 of

43 &

tender

Page

27 of

75

Tende

r Page

24 of

75

3.2 &

3.14

(last

line)

Review of LSTK

contractor’s

documents

Drawing approval

Tender indicates that

3.2 : “PMC shall carryout:

Review and approve the

following (done by LSTK

Contractor): Sizing of control

valve & assemblies”

3.14: “PMC shall check the

sizing calculation for orifice

plates / flow elements, control

valves, shutdown valves,

PSVs done by the LSTK

contractor.

To be clarified: For items

supplied by LSTK contractor,

extent of PMC review will be

limited to ensuring that basic

design requirements are met;

responsibility of suitability of

equipment to the specified

requirements shall be with

LSTK contractor.

Checking of tag wise Process

data correctness is not

considered.

Not acceptable. PMC shall review

and approve all technical

documents provided by LSTK

Contractor the scope shall be

agreed mutually based on the

criticality.

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

12. RFQ

Page

22 of

43 &

tender

Page

27 of

75

3.14 Review of LSTK

contractor’s

documents

Tender indicates that “PMC

shall verify the following

points while approving

instrumentation drawings of

LSTK contractor:

Technical evaluation of

vendor offers by LSTK

contractor and forward

recommendation for final

procurement.”

To be clarified: We assume

it is LSTK contractor’s scope

to carry out procurement in

line with project requirements

and PMC role is not

envisaged in technical or

commercial handling of

procurement by LSTK.

Not acceptable. PMC shall review

and approve all technical

documents provided by LSTK

Contractor the scope shall be

agreed mutually based on the

criticality.

13. RFQ

Page

24 of

43 &

tender

Page

29 of

75

4 PROCUREMENT

SERVICES:

Tender indicates that “PMC

shall provide item wise cost

estimates for all tag items.

Estimates Should also be

provided for all single bid

items.

"Cost estimate shall be

provided for all tagged items

including specialized items

such as control valves except

other instrument tags.

Please clarify - Is this

Yes. Also for any other item

required to be procured for

completing the project.

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

requirement for FEED stage

cost estimate?

14. Tende

r page

12 of

75

3 BEDP List of documents which will

be provided by Licensor as

part of basic engineering

package are required for all

disciplines.

BEDP will be provided by Licensor

only for ISBL facilities. The list

shall be provided.

15. 16 3.9 3D Model TkIS India understanding of

Contents / Extend of 3D

model for 30% Completion is

as follows.

1. Basic modelling of critical

equipment’s.

2. Basic modelling of

building and structure.

3. Basic routing of critical

pipelines.

4. Major access ways.

5. Major maintenance &

erection.

Apart from the listed items PMC to

provide Layout of all equipments,

pipe-racks, tech-structures,

foundations and all the items

required to complete 30% model.

16. 16 3.9 3D Model PDMS 12.0 SP6 will be used

for 3D Model.

The software used for 3D

modelling shall be decided later by

BPCL & PMC with mutual

consent.

17. 20 3.12 Stress analysis of

all critical lines

CaesarII 2016 will be used

for Stress analysis for

pipelines.

The software used for stress

analysis shall be decided later by

BPCL & PMC with mutual

consent.

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

18. Techn

o-

Comm

ercial

Docu

ment

60/75

Sectio

n-VI,

1.2 (2)

Price break up Please clarify whether this

item is related to Power &

Water supply for

Construction, Permanent

Power & Water supply for the

Plant, or both.

The referred section is for

provision of Permanent Power &

Water supply for the Plant only

and not for construction.

19. CRFQ

9/43

2 Construction power Please confirm source of

construction power, location /

distance and means of

transmission, voltage level.

Construction power shall be

arranged by the respective

contractor.

20. CRFQ

9/43

2 Construction water Please confirm source of

construction water, location /

distance and if pumping

facility is required, the source

of power for the same.

Construction water shall be

arranged by the respective

contractor.

21. CRFQ

18/43

3.13 Electrical Power

Supply

Specification

Please inform the details of

incoming power supply

system such as voltage level,

source location / distance

from plant, mode of

transmission and battery limit

for PMC services.

The Power supply for the plant will

be taken from 33 kVA substation

located approximately 7 km from

the Project site. This is tentative

and will be reviewed at later stage.

22. CRFQ

18/43


Supply

Specification

Total power requirement for

the plant considered is

approx. 10 MW.

Please confirm.

Yes.

23. CRFQ

18/43


Supply

We presume that adequacy

of the external power source

has been determined / will be

PMC shall ask for and maintain all

the documents that will verify the

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

Specification ensured by others, please

confirm. PMC will provide all

required data for the same.

adequacy check of power source.

24. CRFQ

27/43

4.6 Procurement of

Proprietary

equipment

At several places ITB talks

about PMC services towards

procurement of Proprietary

Equipment – these needs to

be clarified as normally

Proprietary equipment are

supplied by Licensor and no

specification, bid evaluation

etc. is done by Consultant.

As per equipment list, Total

Proprietary equipment is

around 110. PMC to float

enquiry specification, carry

out TBA & TR of offers,

vendor drawing review,

inspection & expediting.

Please clarify what will be the

licensor’s role in his

proprietary equipment?

In normal case, for

proprietary items, PMC

should review and check for

the data consistency and co-

ordinate / transfer required

information (load data, GA

drawings etc) to LSTK

contractor from Licensor to

Licensor shall provide technical

documents of all proprietary

equipment. PMC to review the

technical documents and prepare

PR and carry out procurement of

the proprietary equipment.

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

carry out construction activity

at site.

Please confirm

25. CRFQ

27/43

4.6 Procurement of

Long Lead Items

Please furnish the list of

designated LLIs for

estimating PMC efforts.

We are considering Boiler

package unit, CO2 unit and

Power Enabling work for

power transmission line to the

plant boundary as LLI. Please

confirm.

As of now, the tentative nos. of

LLIs will be 10 to 12. The list of

LLIs will be finalized after

finalization of PMC.CO2 unit not to

be considered.

26. CRFQ

27/43

4.6 Procurement of

Long Lead Items

Only Boiler package unit is

considered. We understand

that there is no Boiler-

Turbine-Generator package.

We understand that the plant

will have only grid supply and

no captive power plant is to

be considered. Please

confirm.

Yes. There will be no Captive

Power Plant except DG set for

emergency power.

27. CRFQ

28/43

4.6 Tendering for Raw

water supply

Please confirm source

location of raw water for the

complex, and whether a

pumping facility is to be set

up at the sending end and

what will be the power supply

arrangement for the same.

The water supply for the plant will

be taken by pipelines from a

canal located approximately 7 km

from the Project site. Pumping

facility is required at the sending

end. Power supply for the

pumping facility shall be taken

from Grid.

SL.

NO.


PAGE

NO.

CLAUSE

NO.

SUBJECT

28. 12 of

75

Under

3.1

Basic

Engin

eering

Desig

n

Basis

Location / Site data

Seismic

considerations and

design criteria

BPCL to provide all available

information. Site specific

spectra (if applicable) to be

provided by BPCL and no

specific efforts are considered

for developing the same.

Not acceptable. All data to be

arranged and if required collected

by PMC..

29. 17 of

75

Under

3.11

Civil &

Structu

ral

works

specific

ations

Development of

site grading plan

For finalizing site grading, it is

considered that Topography

Survey Report of the existing

site shall be provided by

BPCL.

PMC to arrange if required..

30. Techn

o-

Comm

ercial

docum

ent

29/75,

32/75

4.1,

4.2,

4.3

Inspection

We understand that

Inspection & Expediting

services for LLI only are in

the scope of PMC; these

services are not required for

Proprietary items, and will be

in the scope of LSTK

Contractor for all items in his

scope.

Please confirm whether any

additional services are

expected from PMC.

Not acceptable.

PMC to carry out

inspection/expediting of all LLIs &

Proprietary Equipment with site

visit, etc. as mentioned in the

tender document.

SL.

No.


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1. 1 of 43 Changes in rate of

GST beyond

contractual completion

period

Since the taxes and duties are

to be paid to Government, in

case of changes in the rate of

GST or introduction of new

taxes and duties, even during

the delayed / extended contract

period, irrespective of the

reasons for delay, shall be to

the account of BPCL.


2. 60 of

75

Sectio

n VI,

Cl. 1.2

& 2.2

Price basis The lumpsum price of

Consultant is subject to

escalation in the event of

changes in scope of work of

consultant, re-work for reasons

not attributable to consultant,

additions of changes in

specifications of equipment,

piping, electrical,

instrumentation, civil and

structural works or erection.

Contract price is also subject to

escalation in case consultant is

required to carry out any work

which is in the scope of

licensor, vendors or contractor.

Further, any delay in

completion of scope of work of

consultant beyond the

scheduled completion date

shall result in escalation of

The lumpsum price of

Consultant is subject to

escalation in the event of

changes in scope of work of

consultant, re-work for

reasons not attributable to

consultant, additions of

changes in specifications of

equipment, piping, electrical,

instrumentation, civil and

structural works or erection.

Contract price is also subject

to escalation in case

consultant is required to carry

out any work which is in the

scope of licensor, vendors or

contractor. – not acceptable.

PMC is responsible for the

timely completion of the job

through the contractors and

shall be responsible for their

SL.

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lumpsum price of consultant. execution.

Further, any delay in

completion of scope of work

of consultant beyond the

scheduled completion date

shall result in escalation of

lumpsum price of consultant –

Not acceptable.

3. 63 of

75

3 Payment Schedule In order to have a neutral cash

flow to Consultant, we request

BPCL to consider increasing

the 1st instalment of 5% to 10%

of lumpsum price.

Further, the last 3 instalments

(commissioning, order closing

and final documentation) shall

be paid latest by 31st July 2019

in case delay in achieving these

milestones for reasons not

attributable to Consultant.

Not acceptable. No changes

in Payment Schedule.

4. 66 of

75

Sectio

n VII

Cl. 2.0

Price reduction for

intermediate

milestones

Since most of the intermediate

milestones are not really in the

control of Consultant, we

request BPCL to kindly delete

the provision of price reduction

for delay in intermediate

milestones.

Not acceptable. As time is the

essence of the project, PMC

is solely responsible for timely

completion of the project.

PMC to take timely action like

offloading part or complete, in

case schedule is getting

affected.

SL.

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5. 68 of

75

Sectio

n VIII

Cl.

1.1.4

&

1.1.5

Work Consultant shall carry out its

scope of work in accordance

with contractual requirements.

Therefore the clause stipulating

that the work shall be fit for the

purpose and uses intended are

not required. Therefore this

clause 1.1.4 & 1.1.15 shall be

deleted.

Not acceptable.

6. 68 of

75

1.2.1 Defects liability period The defects liability period shall

be restricted to 36 months from

commencement of services by

Consultant. Further, the remedy

of BPCL shall be limited to re-

engineering by Consultant to

rectify the defective services for

reasons not attributable to

Consultant.

There shall not be any

hardware or other financial

liability on consultant.

Not acceptable. Follow

tender.

7. 69 of

75

1.2.5 Other rights and

remedies

The rights and remedies of

Owner are limited to those

expressly provided in this

Contract and accordingly

request Owner to kindly delete

this clause.

Not acceptable.

8. 70 of 1.3.2 LD for intermediate Since consultant is paying Not acceptable.

SL.

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75 milestones liquidated damages for delay in

achieving the mechanical

completion, we request Owner

to kindly delete the provision of

intermediate milestone LD.

9. 70 of

75

1.4 Exclusion of

consequential losses

and damages

We request Owner to kindly

revise the clause as below for

completeness:

Consultant shall in no event be

liable by way of indemnity or by

reason of any breach of

contract or statutory duty or by

reason of contract or tort

(including but not limited to

negligence) or otherwise for

any loss of profit, loss of

production, loss of use, loss of

contracts, loss of business, loss

of revenue, claims of loss of

use of the plant, costs of

downtime, loss of investments,

loss of anticipated savings,

third party claims or for any

indirect, special, or

consequential damages or loss

and owner hereby releases

consultant therefrom.


10. 70 of

75

1.5 Overall liability We request Owner to consider

revising the overall liabilities to

5% of contract price.

Not acceptable.

SL.

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11. 71 of

75

1.7 Force Majeure In the event force majeure lasts

for more than 30 days, the price

implications to Consultant

arising out of such delay shall

be mutually discussed and

agreed between Consultant

and Owner.

Acceptable.

12. 71 of

75

1.9 Termination In the event of breach of

contract by Owner, Consultant

shall have the option to

terminate the contract by giving

30 days notice.

In the event such breach is not

cured by Owner within 30 days

of notice, Consultant may

terminate the contract forthwith

without any liability towards

such termination.

Owner shall pay consultant

immediately for all the services

rendered till date of termination

plus the work in progress along

with demobilisation costs.

This clause shall be

discussed and mutually

agreed at the time of award

of / execution of contract.

13. 9 Gener

al

Condit

ions of

Contra

ct,

Interpretation In the event of discrepancies in

contract documents, such

discrepancies, error and

inconsistencies shall be

resolved by mutual agreement

between Consultant and

Not acceptable. Pl. follow

contract sequence of

documents.

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15.1 Owner.

14. 11 20 Force Majeure Kindly refer our comments on

Sr. No. 11 above.

Ref. our reply on Sr. No. 11

above.

15. 11 22 LD Liquidated damages shall be

applicable only if the reasons

for delay are attributable to

Consultant.

LD shall not be applicable in

the event of delay by BPCL,

Vendors or contractors.

PMC is responsible for the

timely completion of the

project.

16. 11 24 &

26

Termination /

Offloading of Works

Owner may terminate or offload

full or part of work after giving

30 days notice to Consultant. In

such an event, Consultant shall

be paid for all the services

rendered by consultant plus

work in progress and

demobilization costs. However

consultant shall be responsible

for any cost / damages to

Owner on account of such

suspension by Owner.

This clause shall be

discussed and mutually

agreed at the time of award of

/ execution of contract.

17. 12 28 Alternation in scope of

work

In case of any alternation or

curtailment of scope of work by

Consultant, the implications of

such alteration or curtailment

shall be mutually discussed and

agreed by Consultant.

Not acceptable. Contract

section applies.

18. 15 41 Compensation in the The compensation to Not acceptable. Existing

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event of termination consultant in the event of

termination shall be mutually

discussed and agreed and not

to be unilaterally decided by

owner.

clause to be retained.

19. 18 to

20

54 to

60

Materials These clauses are application

for vendors and contractors

working at site and not

applicable for Consultant.

Hence kindly delete these

clauses from the contract of

consultant.

These clauses are applicable

for procurement of LLIs &

proprietary equipment.

20. 20 61 Alteration In case of changes in scope of

work by consultant, the cost

and time implications of such

changes shall be mutually

discussed and agreed by

Consultant and Owner. Owner

cannot take any unilateral

decision regarding such

changes.

Not acceptable.

21. 22 68 Defects in work In case of defects or

deficiencies in work carried out

by consultant for reasons solely

attributable to consultant,

consultant shall re-perform its

engineering services to rectify

such defects or deficiencies.



Not acceptable. The existing

clause to be retained.

SL.

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Accordingly this clause shall be

revised.

22. 22 69 Suspension In case of suspension of work,

consultant shall be paid for the

cost implications arising out of

such suspension along with

extension of time.

Not acceptable.

23. 22 70 Termination In case of any breach by

Consultant, Owner may after

giving 30 days’ notice, if the

breach is still uncured or

consultant has not taken any

step to cure the breach, shall

take over the balance work of

consultant. However consultant

cannot be held responsible or

liable for any excess cost or

damages to owner or

departmental charges of owner.

In such an event, consultant

shall be paid for all the work

completed till date of

termination.

Not acceptable.

24. 22 72 Defects liability period In case of defects or

deficiencies in work carried out

by consultant for reasons solely

attributable to consultant,

consultant shall re-perform its

engineering services to rectify

Not acceptable.

SL.

No.


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such defects or deficiencies.




Accordingly this clause shall be

revised.

25. 25 73 Payment terms Since payment terms are

adequately covered in clause 3

of section VI of Techno-

commercial document, this

clause 73 of GCC is not

applicable.

In case of any discrepancy,

the payment terms mentioned

in techno-commercial

documents shall prevail.

P&CS to review this clause.

26. 29 83 Taxes and Duties The price quoted by consultant

is exclusive of all taxes and

duties which shall be paid extra

by owner.

Okay.

27. 29 84 Insurance For personnel deputed by

consultant, consultant shall

arrange for medical insurance

as per consultant’s service

rules.

No other insurance is

envisaged to be obtained by

consultant.

PMC to have insurance of his

manpower and material being

used in project execution.

28. 30 & 31 85 &

88

Indemnity We request Owner to kindly

consider providing back to back

indemnity as below:

BPCL shall indemnify and keep

indemnified the Consultant and

Acceptable.

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it’s personnel against any and

all claims arising from the loss

or damages to the property of

the BPCL, third parties and

personnel of the BPCL and/or

injury or death of the personnel

of BPCL and third parties.

Similarly, Consultant shall

indemnify and keep indemnified

BPCL and it’s personnel

against any and all claims

arising from the loss or

damages to the property of the

Consultant and personnel of

the Consultant and/or injury or

death of the personnel of

Consultant.

29. 32 91 Arbitration Arbitration shall be done by an

arbitrator selected with the

mutual agreement of BPCL and

Consultant.

Not acceptable.

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BPCL RESPONSE

S.

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TENDER DOCUMENT

1

7 of 75

SECTION-II PROJECT SCOPE

PMC’s SCOPE OF WORK------------- The scope of services by PMC is divided under following phases: 1. Project Management. 2. Infrastructure / Pre-Project phase 3. Basic Engineering 4. Preparation of 3D model 30%. 5. Project implementation. 6. Construction management 7. Services for Pre-commissioning & Commissioning & Performance Guarantee Test Run (PGTR) 8. Project Control Requirements 9. Outsourcing

(3) We understand that

Bidder’s role re : Basic

Engineering is as follows:

- Review of Basic Engineering for ISBL (i.e Check w.r.t. completeness & gap analysis ) - Complete Basic Engineering for OSBL ( Offsites & Utilities ) In order that the entire FEED

document is made available

to LSTK Contractor.

(4) We hope 3D model 30%

review only in PDMS by PMC

(

(3)Okay

(4) 3D model 30% review to be

done by PMC in PDS/PDMS

software which shall be decided

later.

5) tender scope to be followed.

2

9 of 75

PROJECT MANAGEMENT:

PROJECT MANAGEMENT:

with the Process Licensor for the Basic Engineering Design Package (BEDP) to ensure the availability of the deliverables of the BEDP in line with the requirements of the Front End Engineering Design (FEED) without any impact to the FEED Execution / Scheduled

We request for a battery limit

of scope of work between

Process Licensor & Bidder for

better clarity

Licensor shall provide BEDP for

ISBL facilities. The BEDP for

OSBL facilities shall be

prepared by PMC. PMC shall

review the BEDP for ISBL

facilities for completeness and

then prepare FEED document

for the entire complex.pl. follow

tender.

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Completion date. PMC shall deploy its staff at Licensor’s office during BEDP finalisation so as to reduce time of liaisoning.

the completeness and consistency of data / information and identify any mismatch for licensed process ----------------------------------------------------------

3

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Cost Estimation

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

PMC shall prepare an estimate of overall Project cost (+/- 10%) and update/revise the same on a regular basis -------------------------------------------------------------

We understand that the

Bidder to estimate the project

cost at FEED stage . Hence,

no detailed engineering will

be envisaged from Bidder to

achieve +/-10% project cost.

Detailed engineering will be

carried out by LSTK Contractor.

Bidder to review/revise the

project cost (+/- 10%) based on

the inputs provided by LSTK

Contractor during detailed

engineering.

4

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75

Cost Estimation

PMC shall carry out Project cost Optimization so as to reduce the overall project cost by 10%. For that PMC may employ various techniques for cost reduction like review of metallurgy of equipment, Equipment layout optimization, etc.

Kindly clarify the method of

checking or verifying the

reduction / optimization of

project cost. Is there any

penalty linked to the same?

BPCL shall provide base

project cost based on which the

reduction/optimization of project

cost is to be calculated. There

is no penalty linked to this.

5

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3.11 CIVIL & STRUCTURAL WORKS -

CIVIL & STRUCTURAL WORKS - SPECIFICATIONS

We understand that design

review will be done only for

process plants. For all other

structures , only GA drawing

will be reviewed.

Pl. follow tender scope.

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SPECIFICATIONS

6

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3.11 CIVIL & STRUCTURAL WORKS - SPECIFICATIONS

If required in consultation with BPCL, PMC shall line-up a contract for soil investigation at site and execute the same. Necessary inputs along with specifications will be provided to award the job for Soil investigation. Experts will be deputed to site as required during this job and the results will be evaluated. PMC to supervise and review the results of soil investigation and recommend the same to BPCL.

We understand the Agency

fees shall be paid by BPCL

Okay.

7

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Procurement

Preparation of procurement procedure in consultation with BPCL

the technical documents (drawings, specifications, etc.) required for floating of tenders of LLIs, Proprietary Equipment as well as LSTK Contract.

comprehensive

Kindly specify the number of

Vendors/ LSTK Contractors

(3/4/5) to be considered for

procurement activity.

Pl. follow scope.

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4.2 Inspection & Expediting

Inspection of all indigenous items will be carried out by PMC. Expedite vendors for timely deliveries of equipment / bulk material and closely monitor delivery dates

We understand that Bidder to

take into account the cost for

Inspection Services since the

Job to be quoted on lumpsum

basis. Pls clarify.

Based on criticality, PMC to

carry out inspection of 10% of

total equipment/material. At

vendor works

9

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4.6 Tendering

If required and in consultation with BPCL, PMC shall line-up a contract for bringing power and water from the nearby locations (as specified by BPCL) up to the 2G Ethanol Project site. The detailed engineering, preparation of contract scope, cost estimation, floating of enquiry, evaluation of technical bids and recommendation to BPCL for award of contract and execution of the contract will be in PMC’s scope of work. Bidder shall quote separately for this in the Schedule of Rates (SOR).

We hope this will be separate

line items and will not be

considered for evaluation of

L1 Bidder.

Please also specify the

details regarding sourcing of

power & water from nearby

locations

1) “Lumpsum fee for design

and executing the

transportation of power and

water to site from hook up

point” this will be considered for

evaluation of L1 bidder (Section

VI: Clause 1.2 – subclause (2)

of tender document page 60).

2) The Power supply for the

plant will be taken from 33 kVA

substation located

approximately 7 km from the

Project site. This is tentative

and will be reviewed at later

stage.

3) The water supply for the

plant will be taken by pipelines

from a canal located

approximately 7 km from the

Project site.

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5.2 Construction Schedule, Monitoring,

--------------. - Review and approve the drawings and technical specifications produced at site by

We assume only critical

drawings will be reviewed by

PMC. Pls clarify

All technical documents of

LSTK Contractor are to be

reviewed and approved by

PMC

S.

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Management & Quality Assurance

the LSTK Contractor to ensure compliance with the Project specification.-----------

1

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9.0 OUTSOURCING:

OUTSOURCING:

the site organization which is on the payrolls of the PMC.

positions is not envisaged in this contract. However, outsourcing if necessary can be considered after prior approval from BPCL.

management, detailed Eng. and design, preparation of contracts/ PRs, monitoring and key positions of construction head and all leads at site and in head office cannot be outsourced.

heads and leads at site and head office submitted during the bid submission are mandatory for deployment form start of the project.

Outsourcing could also mean

the SMEs or Project

Consultants. Pls clarify

The details of Key positions

means RCM or Lead

Engineers only. We hope our

understanding is correct.

1) The details of key positions

means Project Manager, RCM,

Lead Engineers, etc. The

details of these people

submitted during the bid

submission are mandatory for

deployment from start of the

project.

1

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PRE-PROJECT WORKS:


Bidder will do engineering

float the enquires , and award

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PROJECT IMPLEMENTATION PHILOSOPHY

Based on engineering work, the pre-project works of site development consisting of geological survey, boundary wall construction, site grading / levelling, internal roads, main drainage system, area lighting, communication system, etc. also be awarded to contractors.

the contract post TBA & CBA.

Besides this, the PMC has to

get the contract executed at

site.

1

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SECTION-VI REMUNERATION, CONTRACT PRICE AND PAYMENT TERMS

1.2 Basis of Lump Sum Prices as set forth herein : BPCL propose consultant to quote lump-sum for complete project management consultancy as per the scope of work

1) For setting up lignocellulosic biomass 2G Ethanol Plant within the plot area

2) Lumpsum fee for design and executing the transportation of power and water to site from hook up point.

( 2 ) Is it a part of Lumpsum

price or to be given

separately. Will it be

considered for evaluation?

Bidder shall quote for all the 3

items separately. All the 3 items

will be considered for

evaluation.

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3) Per diem Rates for Services for Pre-commissioning, Commissioning & PGTR

1

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SECTION-VI REMUNE

RATION,

CONTRA

CT

PRICE

AND

PAYMEN

T

TERMS

3.0 PAYMENT SCHEDULE 3.1 FOR PROJECT MANAGEMENT CONSULTANCY SERVICES AS PER SCOPE OF WORK a) Lump-sum Price : i. 5% on completion of Kick-off Meeting, release of Project/Document Control Procedure, Co-ordination procedure, Activity Weighing basis & Draft Project Schedule. ii. 5% on ordering of critical/Long Lead Items (LLI) viz. Reactors, Columns etc. & Proprietary Equipment. iii. 5% on completion of tendering activities & award of LSTK Contract. iv. 80% based on the project progress taken as an average of consultant’s progress and physical progress on monthly basis based on the mutually agreed milestones. v. 3% on commissioning.

We suggest BPCL to provide

10% advance payment.

We also propose that the final

5% shall be released on

commissioning against a

bank guarantee valid till PG

test.

Performance bank guarantee

of 10% shall be valid till

mechanical completion and

reduced to 5% to cover

defects liability period.

Not Acceptable. There will be

no change in Payment terms &

performance bank guarantee

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vi. 1% on order closing. vii. 1% on final documentation and PG test viii. Any cost to be reimbursed by OWNER shall be paid on submission of invoices with supporting documents by CONSULTANT. Awarded contractor must submit bank guarantee of 10% basic contract value amount along with acknowledgement of purchase order valid for defects liability period of twelve months from the date of commissioning or eighteen months from the date of Mechanical completion, whichever is earlier. Bank guarantee shall have further claim period of 3 months beyond the end of defects liability period

1

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SECTION-VII TIME SCHEDULE

Price reduction

clause - In case of

delay, 0.5% per

week of delay or

part thereof up to a

max. 5% of the total

contract value shall

be recovered for

both the above

Not clear ( “ for both the

above items in section V”).

Please clarify

It should be Section VI (Clause

2.1: Items 1 & 2)

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items in section-V

independently. The

overall maximum

liability is 5% of the

overall executed

contract value

1

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SECTION-VII TIME

SCHEDU

LE

Clause no. 2.0

Required Key Dates

Kindly clarify the time period

given for PMC to complete

FEED package based on

BDEP received from Process

Licensor. In case of delay

from Process Licensor ,

BPCL will extend the

schedule accordingly.

TCE suggest that the project

completion shall be minimum

20 months from the LOA / PO

acceptance by Bidder.

Kindly also correct the typo-

errors in dates of project

schedule.


overall cap for price reduction

clause shall be 5% of contract

value.

1) As the date for award of

LSTK Contract is given to be

28/02/2018, PMC to work and

prepare FEED package

accordingly so that it is ensured

that LSTK Contractor is

available by 01/03/2018.

2) Not Acceptable. There will

be no change in Project

Completion Period.

3) The revised critical

milestones of Project Schedule

has been provided in

Corrigendum 1 issued on

25/09/2017.

4) Okay. Price reduction clause

shall be limited to 5% of

contract value.

1

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SECTION-VIII WARRA

NTIES &

GUARAN

TEES

1.3.2 EFFECT OF BREACH. ------------ ----------------CONSULTANT shall pay to OWNER as liquidated damages for delay in project major milestones (and not as a penalty) one-half percent (0.5%) of the Lump-sum Price as of the date of execution of this Contract for each week of delay in completion up to a

The liquidated damages for

delay shall be 5% of contract

value. This is in addition to

price reduction clause .

We propose that the overall

cap shall be limited to 5% for

price reduction & LD for

delay.

Not acceptable. Tender clause

shall prevail.

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maximum aggregate amount in respect of such delay of five percent (5%) of the Lump-sum Price.

1

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Limitation

of liability

1.5 Limitation of

liability. The overall

limit of Consultant’s

liability under this

contract for all

guarantees,

warranties,

liquidated damages

of whatsoever

nature, whether

expressed or implied

shall be limited to

twenty percent

(20%) of the lump-

sum price.

We suggest that the overall

liability to BPCL shall be

limited to an aggregate of

10% (Ten Percent) of the

amount received by TCE

against the lump sum price.

Overall liability to be made

20%.

1

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Force

Majeure

Force Majeure Any delays in or failure of the performance of either party hereto shall not constitute default here under ----------------The CONSULTANT shall keep records of the circumstances referred to above and bring these to the notice of BPCL Engineer-in-Charge in writing immediately on such occurrences.

During a Force Majeure event, if BPCL explicitly requests the Consultant to continue operations, BPCL shall reimburse at cost any and all necessary costs incurred in continuing to undertake such work. Further, in any case if evacuation is required of the Consultants employees, BPCL shall do so . Any additional costs required to do so shall be borne by BPCL


2

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Terminati

on

Right of owner to determine/terminate contract BPCL shall at any point of time be entitled to determine/ terminate

PMC shall be paid for the

cost mobilization / de-

mobilisation too in addition to

the CONSULTANT shall be

paid for work done by the

CONSULTANT till the date of

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the contract, if in the opinion of BPCL the cessation of work becomes necessary owing to paucity of funds or for any other cause whatsoever. A notice in writing from BPCL to the CONSULTANT of such determination and termination and the reason thereof, shall be conclusive proof of the fact that the contract has been so determined and terminated by BPCL. Should the contract

be terminated as per

above, the

CONSULTANT shall

be paid for the value

of work done by the

CONSULTANT till

the date of

termination, based

on documentary

evidence of the work

progress to the

satisfaction of BPCL

Engineer-in-Charge.

termination in case of

Termination by BPCL.

PMC shall also the right to

terminate the Contract in

case of material breach

including BPCL’s default in

making payments to PMC.

Not acceptable. Follow tender.

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NO. SUBJECT QUERY

BPCL RESPONSE

TENDER DOCUMENT

1 SECTION-VII

Clause no. Should Bidder’s services

for the Project get

Not acceptable. No

compensation/escalation is applicable for

S.

NO.

PAGE

NO.

CLAUSE

NO. SUBJECT QUERY

BPCL RESPONSE

67 of

75

TIME

SCHEDU

LE

2.0

Required Key Dates

extended beyond 16

months due to

unforeseen delays in the

implementation of the

Project for reasons not

under the control or

responsibility of the

Bidder & not attributable

to the Bidder, then

Bidder will be entitled to

an additional

compensation which

would be mutually

agreed between the

parties. In the absence

of any written agreement

on the rates for the

extended period, the

escalation applicable will

be @ 10% per annum or

part thereof

Please clarify.

delay in the implementation of the

Project for reasons not under the control

or responsibility of the Bidder & not

attributable to the Bidder.

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