S. NO BID REQUIREMENTS QUERY JKSPDC

BIDDER QUERIES FOR 14.1 MW PHAGLA HEP

Page No.1

S. NO RFQ DOCUMENT TENDER CLAUSE NO.

BID REQUIREMENTS

QUERY

JKSPDC RESPONSE

1. Detailed Project Report Volume-I: Main Report

Salient features Clause No. 3.2 Hydrology details

There is some discrepancy in the DPR document for hydrology data mention below:

• FRL: 1735.50m • Normal TWL(3 units in operation): 1573.00m • Net Head: 153.83m

Request you please confirm the same. (M/s Andritz)

Please adhere to DPR


Turbine layout & Design Clause No. 9.2.2.5 Speed: 428.6 rpm

As per hydrology details we can be able to attain higher speed machine (750/1000 rpm) which can optimize the turbine-generator size and also capacity of crane. (M/s Andritz)

Bid provision shall prevail.


Clause No. 9.2.2.5.5 Centre line of Machine

Please allow to choose the turbine setting level based on the optimal hydraulic turbine design. (M/s Andritz)

Allowed subject to the condition that installed capacity of the project shall not get reduced. AHEC/CEA guidelines shall be followed


Page No.2


Turbine Design Clause No. 9.2.2.5.7 The Pressure rise shall not be more than 35%. The Speed rise Shall not be more than 45%.

Please allow to restrict the speed rise limit to 55% to optimize the inertia requirement.

(M/s Andritz)

AHEC/CEA guidelines shall be followed.


Clause No. 9.2.4 The Main Inlet Valve (MIV) will be Butterfly Type of 900mm

Please allow bidder to choose the MIV diameter according to the inlet diameter of spiral casing (M/s Andritz)

Bidder to optimize subject to the approval of owner.


Clause No. 9.2.6 Draft tube Gates DT gates are not envisaged in EM Supplier, as the same will be supplied by HM contract. Kindly accept. (M/s Andritz)



9.3 Electrical Equipment 9.2.7 Cooling Water system

We propose the common cooling water system with three main & one standby pump as a better optimal design and for easiness during O & M. (M/s Andritz)



9.3 Electrical Equipment 9.2.9.1 Powerhouse Crane (45T/10T)

We suggest to not limiting the crane capacity, as the capacity of crane will be decided based on heaviest component to be lifted in powerhouse. (M/s Andritz)

Bidder to optimise subject to the condition that the minimum capacity of EOT should not be less than 50 Tonne.


Page No.3

9. General To enable us conducting the transient calculations, please provide the soft copy of drawing in AUTOCAD format for the water conducting system. (M/s Andritz).

Whatever data regarding the project is available with JKSPDC that’s in the shape of DPR and Copy of the abridged DPR shall be provided to intending bidders on submission of a formal request on official letterhead along-with a Demand Draft of Rs.1.00 Lakh pledged to GM (Accounts), JKSPDC payable at Jammu. The proof of purchase of the Tender Document (viz. DD for Rs.2.00 Lakh as per the NIT) shall also be enclosed with the request.

10. General Please provide the maximum and minimum water temperature. (M/s Andritz)

Whatever data regarding the project is available with JKSPDC that’s in the shape of DPR and Copy of the abridged DPR shall be


Page No.4

provided to intending bidders on submission of a formal request on official letterhead along-with a Demand Draft of Rs.1.00 Lakh pledged to GM (Accounts), JKSPDC payable at Jammu. The proof of purchase of the Tender Document (viz. DD for Rs.2.00 Lakh as per the NIT) shall also be enclosed with the request.


9.3 Electrical Equipment 9.3.2 Generator Type of Generator Synchronous (Salient Pole)

We propose the cylindrical pole generator instead of salient pole generator.

(M/s Andritz)

Accepted.


Page No.5


9.3 Electrical Equipment 9.3.7 Step-up Transformers 1. Temperature Rise of Windings-55 degree celsius 2. The outdoor bushings HV, LV & HVN will be selected with higher minimum creepage Distance of 31 mm/kv due to considerations for site elevation/location.

1. we propose transformer Temperature rise with RTD as mention below- - windings- 550 C - Oil -600 C 2. We propose 25mm/KV creepage distance with suitable elevation correction factor. (M/s Andritz)



Page No.6


S. NO

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY

JKSPDC RESPONSE


9.3 Electrical Equipment 9.3.1 Main Single Line diagram 9.3.18 GIS Substation

We propose outdoor switchyard for 33KV power instead of indoor GIS. (M/s Andritz)

Accepted.


9.3 Electrical Equipment 9.3.15 Lighting

We propose normal conventional fixture for essential lighting (for safe exit) in place og inbuilt battery backup fixture. The input supply for these fixtures shall be from plants common inverter( backup with plant DC system) which will serve the requirement. (M/s Andritz)



9.3 Electrical Equipment 9.3.16 Cables

We propose power cable mention below criteria- 1. All power cables up to 4 sq mm shall be of copper conductor XLPE cable as per IS 7098. 2. cable above 4.0 sq mm shall be Aluminium conductor XLPE insulated cable as per IS 7098. (M/s Andritz)

Cable with copper conductor as per IEC/IS.


Page No.7


9.3 Electrical Equipment 9.3.17.5 Uninterruptible AC Sysytem (UPS)

We propose suitable 6-kVA inverter for plant’s reliable uninterrupted power supply (UPS) backup with plant common DC system instead of separate dedicated battery system for UPS. (M/s Andritz)

Bid condition shall prevail.


Page No.8

S. NO


QUERY

JKSPDC RESPONSE


9.3 Electrical Equipment 9.3.20 Electrical Workshop Equipment

Kindly arrange to provide the specification of workshop equipment. (M/s Andritz)

Refer to volume V Tools and tackles/workshop equipment of the tender document for details.

18. BOQ-Supply of EM Plant and machinery BOQ-3.01

Turbine: Model testing

For small hydropower projects, the turbine and guaranteed efficiencies generally are based on earlier conducted geometrically similar model test data with various efficiency corrections. Hence, Model Testing for PHAGLA HEP is not required. (M/s Andritz)

Semi homologus model test report to be provided along with CFD analysis.


11 KV Bus Duct, isolated type

As per DPR & SLD Bus Duct is not applicable. Kindly delete from BOQ. (M/s Andritz)



Transformer oil purifier 5000 LPH heating and filtering rate with pipes and all accessories

As per DPR Transformer oil filtration is not applicable. Please review and confirm. (M/s Andritz)



Page No.9

S. NO


QUERY

JKSPDC RESPONSE

21. BOQ-Supply of EM Plant

and machinery BOQ-3.11

11 KV Copper conductor, XLPE cables

As per DPR/SLD 11 KV aluminium conductors, XLPE cable is required. Please review and confirm. (M/s Andritz)

Bid provision shall prevail


Electrical Protection System (100% Redundancy Protection)

As per DPR individual protection for generating units, generator step-up transformer along with overall protection is required. For 33KV bus-bar protection and outgoing transmission lines, non-redundant protection is required. Please review and confirm. (M/s Andritz)



Page No.10

23. BOQ-Supply of EM Plant and machinery BOQ-3.19.

Optical Fiber based communication

As per DPR CCTV & EPBAX (telephone) system is required. Please review and provide clarity on the scope. P.S: as per standard practice, Optical Fiber based communication system/PLCC with other external connects such as receiving end or state control centre shall be in scope of transmission line contractor. Thus the same to be deleted from EM Package. (M/s Andritz)

CCTV & EPBAX shall be provided. Rest accepted. However the contractor shall keep provision for installation of PLCC Panels and other allied equipments for PLCC.


Station service transformer 11/0.433 kv 400 KVA

As SLD with DPR SST is not applicable. Please review and confirm the scope. (M/s Andritz)

Two number 11/0.433 kv 400 KVA to be provided for catering of auxiliary.


Page No.11

S. NO


QUERY

JKSPDC RESPONSE


Cooling water system (Closed Loop)

As per DPR: open loop type common cooling water system with necessary filters & accessories is required. Please review and confirm. (M/s Andritz)



Mobile type oil purifying plant for lubricating oil

As per DPR portable (Electrostatic) type lubricating oil purifier is acceptable. Please review and confirm. (M/s Andritz)

Bid condition shall prevail


Page No.12

S. NO


QUERY

JKSPDC RESPONSE

27. BOQ-Supply of EM Plant and machinery BOQ-3.39 & 3.40

Receiving end sub station cables

Request you to please combine the scope with the receiving end substation but not in the E & M package. (M/s Andritz)

Accepted.

28.

Volume-III Section-5: General conditions of the contract 1. Definitions

1.7 “Contract Price” means the lumpsum fixed contract price stated in the Letter of Acceptance payable to the contractor for Engineering Procurement and commissioning of the project and remedying of any defects therein in accordance with the provisions of the contract. Fixed price contract shall include every financial liability created under the terms of contract and any other liability created during and after the execution of the contract viz-a-viz Contract.

Request you to kindly modify the clause as: “Contract Price” means the contract price stated in the Letter of Acceptance payable to the contractor for Engineering Procurement and Commissioning of the project and remedying of any defects therein in accordance with the provisions of the contract.

(M/s Andritz)

Bid Provisions shall prevail.

Request you to kindly modify the clause as: “Contract Price” means the contract price stated in the Letter of Acceptance payable to the contractor for Engineering Procurement and Commissioning of the project and remedying of any defects therein in accordance with the


Page No.13

provisions of the contract. Explanation: As per clause 27.6 contractor’s liability ceases at the end of defect liability, therefore last para of cl no. 1 is not applicable. Kindly delete it.

(M/s Angelique)

Request you to kindly modify the clause as follows: "Contract Price" means the Contract Price stated in the Letter of Acceptance payable to the contractor for Engineering Procurement and Commissioning of the project and the remedying of any defects therein in accordance with the provisions of the contract.” Explanation: As per clause 27.6. contractor’s liability ceases at the end of Defect Liability, therefore, last para of cl. no. 1 is not applicable. Kindly delete it. (M/s Power Mech)


Page No.14

29. Volume-III Section-5: General conditions of the contract 7. Care of Works

The contractor shall take full responsibility for the care of the works or any section or part of the works from the date of order to commence as defined in Article 22 until the date of completion and thereof till Defect Liability Period as specified in contract (as defined in article 26 and 27)

Request you to kindly modify the clause as:

“The contractor shall take full responsibility for the care of the works or any section or part of the works from the date of order to commence as defined in Article 22 until the date of completion. Note:- Since the Employer will take over the works by means of issuing a Completion Certificate(Transfer of Ownership and Risks), the Employer shall be responsible for taking care of the Works, however the Contractor shall be liable for the defects arising during the Defect Liability Period as per clause 27. (M/s Andritz)

During DLP 01 turbine expert, gen expert, gen supervisors and balance of plant(BOP) engineer till Final Acceptance Certificate. Care of works shall continue to issuance of FAC.

Request you to kindly modify the clause as:

“The contractor shall take full responsibility for the care of the works or any section or part of the works from the date of order to commence as defined in Article 22 until the date of completion, and liability of defects upto DLP”. Explanation:- You will kindly appreciate that Employer will take over the works by means of issuing a Completion Certificate(Transfer of Ownership and Risks), the Employer shall be responsible for taking care of the Works, however the Contractor shall be liable for the defects arising during the Defect Liability Period as per clause 27. In


Page No.15

case of JKSPDC’s Lower Kalnai EPC project contractor was responsible up to completion of works and not up to DLP. (M/s Angelique)

You are requested to kindly modify the clause as follows: “The Contractor shall take full responsibility for the care of the Works or any Section or part of the Works from the Date of Order to Commence as defined in Article 22 until the Date of Completion, and liability of defects upto DLP” Explanation:

You will kindly appreciate that Employer will Take over the works by means of issuing a Completion Certificate (Transfer of Ownership and Risks) , the Employer shall be responsible for taking care of the Works, however the Contractor shall be liable for the defects arising during the Defect Liability Period as per clause 27. In case of JKSPDC’s Lower Kalnai EPC project Contractor was responsible up to completion of works and not up to DPL. (M/s Power Mech)


Page No.16

30. Volume-III Section-5: General conditions of the contract 24. Extension of time for completion

New Clause Request you to kindly include a new clause 24.4 as follows: “Notwithstanding anything in this contract, the contractor has right to an extension of Time for Completion plus the reimbursement of additional costs, if he is delayed in completing the works by any of the following causes: a) Extra or Additional work ordered by the Employer including any change in scope of work. b) Physical obstructions or conditions which could not reasonably have been foreseen by the contractor, including all seismic, hydrological, geological and other surface or sub surface conditions or concealed conditions on site.”

c) Any default or delay in the timelines for the reasons not attributable to the contractor.” (M/s Andritz)

Bid provisions shall prevail.

Request you to kindly include a new clause 24.4 as follows: “Notwithstanding anything in this contract, the contractor has right to an extension of Time for Completion plus the reimbursement of additional costs, if he is delayed in completing the works by any of the following causes: a) Extra or Additional work ordered by the Employer including any change in scope of work. b) Physical obstructions or conditions which could not reasonably have been


Page No.17

foreseen by the contractor, including all seismic, hydrological, geological and other surface or sub surface conditions or concealed conditions on site.”

c) Any default or delay in the timelines for the reasons not attributable to the contractor.” (M/s Angelique)

Request to kindly include the following as a new sub clause as 24.4:

“Notwithstanding anything in this contract, the contractor has right to an extension of Time for Completion plus the reimbursement of additional costs, if he is delayed in completing the Works by any of the following causes: a) Extra or Additional work ordered by the

Employer including any change in scope of work.

b) Physical obstructions or conditions which could not reasonably have been foreseen by the contractor, including all seismic, hydrological, geological and other surface or sub-surface conditions or concealed conditions on site.”

c) Any default or delay in the timelines for the reasons not attributable to the contractor.” (M/s Power Mech)


Page No.18

31. Volume-III Section-5: General conditions of the contract 26. Completion of Works

26.3 in such case, any remaining tests shall be performed by the Contractor thereafter at the first available opportunity during the said Defects Liability Period.

1. Request you to please replace the last sentence with the following in subclause 26.3: “In such case, any remaining tests shall be performed by the Contractor thereafter at the first available opportunity, within 3 months of the start of Defect Liability. In case the tests are not performed within 3 months of the certificate of completion due to reasons not attributable to the contractor, such tests shall be deemed to be done and the contractor shall be relieved of all his obligations with respect to such tests.” 2. Also, request you to add the following paragraph at the end of clause no.26: “The units shall be deemed to be taken over in case of the following: a) Usage of the Equipment by the Employer for commercial operation. b) The taking over is delayed for more than 30 days from the date of commissioning for reasons not attributable to the contractor. c) Project execution is delayed, for reason(s) beyond contractor control, for more than 12 months from the date of delivery of last substantial consignment or from storage certificate/warehouse receipt. The employer shall issue a certificate of completion in the above case and the Defect liability period shall start.” (M/s Andritz)



Page No.19

1. Request you to please replace the last sentence with the following in subclause 26.3: “In such case, any remaining tests shall be performed by the Contractor thereafter at the first available opportunity, within 3 months of the start of Defect Liability. In case the tests are not performed within 3 months of the certificate of completion due to reasons not attributable to the contractor, such tests shall be deemed to be done and the contractor shall be relieved of all his obligations with respect to such tests.” 2. Also, request you to add the following paragraph at the end of clause no.26: “The units shall be deemed to be taken over in case of the following: a) Usage of the Equipment by the Employer for commercial operation. b) The taking over is delayed for more than 30 days from the date of commissioning for reasons not attributable to the contractor.

(M/s Angelique)


Page No.20

1. Request to please replace the last sentence with the following in sub-clause 26.3: “In such case, any remaining tests shall be performed by the contractor thereafter at the first available opportunity, within 3 months of the start of Defect Liability. In case the tests are not performed within 3 months of the Certificate of Completion due to reasons not attributable to the contractor, such tests shall be deemed to be done and the contractor shall be relieved of all his obligations with respect to such tests.”

2. Also, request you to add the following paragraph at the end of this clause no. 26:

“The units shall be deemed to be taken over in case of the following: a) Usage of the Equipment by the

Employer for Commercial operation.

b) The taking over is delayed for more than 30 days from the date of commissioning for reasons not attributable to the contractor. (M/s Power Mech)


Page No.21

S. NO


QUERY

JKSPDC RESPONSE

32. Volume-III Section-5: General conditions of the contract 27. Defects Liability Period

27.6 New Clause

1. Request you please modify as: • In 27.6 replace the words “36

months with “18 months and replace the words “77 months” with “36 months”.

2. request you to please add the following new clause 27.7: “contractor’s defects liability shall expressly exclude availability of the works, erosion and corrosion, wear and tear, improper operation and/or maintenance, as well as third party repairs or modifications. The expression “Defects Liability in this article is the only liability of the contractor for defects that shall be applicable. No other liabilities for defects or warranties, whether statutory, oral, expressed or implied shall be applicable. In particular, there are no implied warranties of merchantability or fitness for a particular purpose. Repairing, Modification or replacement of defective goods shall be the sole remedy for defective equipment. (M/s Andritz)

"Defects Liability Period" shall mean the period of 18 (Eighteen) months following the Date of Completion as per Article 26 of VOL III of RFP document.

If during the Defects Liability Period any part of the Works is found defective or deficient in any manner and is repaired/rectified/replaced pursuant to the defects liability provisions of the Contract, the Defects Liability Period for such portion of the Works, shall, notwithstanding anything to the contrary contained herein, be operative for a further period of 36 months from date of such repair/rectification/replacement but shall not in any case be operative for more than 54 months from the Date of Completion stated in the corresponding Certificate of Completion.


Page No.22

27.3 “If any such defect shall appear or damage occur, the Owner shall forthwith inform the Contractor thereof stating in writing the nature of the defect or damage. The Contractor shall have no liability under this Article in respect of any claim unless notice thereof has been given by the Owner to the Contractor within 50 days after the event giving rise to the claim has come to the notice of the Owner.”

Defects observed during DLP are normally informed to Contractor within two or three days. Therefore 50 days’ time mentioned in this sub clause should be modified to maximum 5 (five) days. Kindly modify this clause. (M/s Angelique)

Bid provisions shall prevail

27.6 “If during the Defects Liability Period any part of the Works is found defective or deficient in any manner and is repaired / rectified / replaced pursuant to the defects liability provisions of the Contract, the Defects Liability Period for such portion of the Works, shall, notwithstanding anything to the contrary contained herein, be operative for a further period of 36 months from date of such repair / rectification / replacement but shall not in any case be operative for more than 77 months including pre-construction period from the Date of Completion stated in the corresponding Certificate of Completion. “

In line with sub clause no. 27.1, kindly correct the words “36 months” with “18 months” and replace the words “77 months” with “34 months” (M/s Angelique)

“Defects Liability Period" shall mean the period of 18 (Eighteen) months following the Date of Completion as per Article 26 of VOL III of RFP document.

If during the Defects Liability Period any part of the Works is found defective or deficient in any manner and is repaired/rectified/replaced pursuant to the defects liability provisions of the Contract, the Defects Liability Period for such portion of the Works, shall, notwithstanding anything to the contrary contained herein, be operative for a further period of 36 months from date of such repair/rectification/replacement but


Page No.23

shall not in any case be operative for more than 54 months from the Date of Completion stated in the corresponding Certificate of Completion.

27.3 “If any such defect shall appear or damage occur, the Owner shall forthwith inform the Contractor thereof stating in writing the nature of the defect or damage. The Contractor shall have no liability under this Article in respect of any claim unless notice thereof has been given by the Owner to the Contractor within 50 days after the event giving rise to the claim has come to the notice of the Owner.”

Defects observed during DLP are normally informed to Contractor within two or three days. Therefore 50 days’ time mentioned in this sub clause should be modified to maximum 5 (five) days. Kindly modify this clause. (M/s Power Mech)


27.6 “If during the Defects Liability Period any part of the Works is found defective or deficient in any manner and is repaired / rectified / replaced pursuant to the defects liability provisions of the Contract, the Defects Liability Period for such portion of the Works, shall, notwithstanding anything to the contrary contained herein, be operative for a further period of 36 months from date of such repair / rectification / replacement but shall not in any case be operative for

In line with sub clause no. 27.1, kindly correct the words “36 months” with “18 months” and replace the words “66 months” with “24 months” (M/s Power Mech)

“Defects Liability Period" shall mean the period of 18 (Eighteen) months following the Date of Completion as per Article 26 of VOL III of RFP document.

If during the Defects Liability Period any part of the Works is found defective or deficient in any manner and is repaired/rectified/replaced pursuant to the defects liability provisions of the Contract, the Defects Liability Period for such portion of the Works, shall, notwithstanding


Page No.24

more than 66 months including pre-construction period from the Date of Completion stated in the corresponding Certificate of Completion. “

anything to the contrary contained herein, be operative for a further period of 36 months from date of such repair/rectification/replacement but shall not in any case be operative for more than 54 months from the Date of Completion stated in the corresponding Certificate of Completion.

33. Volume-III Section-5: General conditions of the contract Clause 29. Extent of General liability

New Clause We request you to kindly include the following new Clause 29.5 : “Contractor’s aggregate liability for and all claims of any kind, for any loss, damage or expenses arising out of or connected with the Works or this Contract or breach thereof, together with the cost of performing make good obligations to pass performance tests shall in no event exceed 100 % of the Contract Price. The limitations and exclusions of liability set forth in this clause shall take precedence over any other provision of this Contract and shall apply whether the claim for liability is based on contract, tort (including negligence) or otherwise.”

(M/s Andritz)



Page No.25

We request you to kindly include the following new Clause 29.5 : “Contractor’s aggregate liability for and all claims of any kind, for any loss, damage or expenses arising out of or connected with the Works or this Contract or breach thereof, together with the cost of performing make good obligations to pass performance tests shall in no event exceed 100 % of the Contract Price. The limitations and exclusions of liability set forth in this clause shall take precedence over any other provision of this Contract and shall apply whether the claim for liability is based on contract, tort (including negligence) or otherwise.”

(M/s Angelique)

We request you to kindly include the following new Clause 29.5: “Contractor’s aggregate liability for and all claims of any kind, for any loss, damage or expenses arising out of or connected with the Works or this Contract or breach thereof, together with the cost of performing make good obligations to pass performance tests shall in no event exceed total Contract Price. The limitations and exclusions of liability set forth in this clause shall take precedence over any other provision of this Contract and shall apply whether the claim for liability is based on contract, tort (including


Page No.26

negligence) or otherwise.” (M/s Power Mech)

34. Volume-III Section-6.4: Special conditions of the contract Clause 1. Scope of work

1.2 any requirements of work whether requested by the owner or otherwise and whether specifically described in the contract or not but are necessary or required for the proper completion and functioning of the works in accordance with the contract including remedying of any gaps and deficiencies in the works shall not be deemed to be any change in the scope of work, and shall not entitle the contractor for any payment over and above contact price.

Request you to delete the sub clause 1.2 Bid Provisions shall prevail.


Page No.27

35. Volume-III Section-6.4: Special conditions of the contract

New Clause Request to include the following clause pertaining to the suspension and termination rights for the contractor as below: “Suspension by the Contractor: The contractor may suspend performance of all or any part of his obligations for such period of time that the Employer is in delay with any of his obligations in connection with the Contract including, amongst others, payment of any due amount or opening, amendment, and extension of L/C as required by the contractor. Additionally, the contractor shall have the right to extend such suspension for the time the contractor reasonably may need to resume his obligations (e.g. for reason of machine utilization, remobilization of workforce, etc.). Upon such suspension, the contractor shall be entitled to an adequate extension of Time for Completion and to reimbursement of any costs, damages and losses incurred by the Contractor due to such suspension. Termination by the Contractor: a) The Contractor may terminate the Contract if: (i) the Employer does not remedy the default of delay in payment or issuance, amendment or maintenance of payment security within 30 (thirty) days after having received the notice of suspension of the Contract by the contractor, or

Bid Provisions shall prevail


Page No.28

(ii) if the Employer substantially fails to perform his obligations under the Contract, or (iii) if the execution of delivery or the inception or continuation of Works is made impossible for reasons within the responsibility of the Employer and if the delay is extended beyond a grace period of 30 (thirty) days. b) The Contractor shall further be entitled to receive from the Employer the agreed Contract Price deducted by the costs saved by reason(s) of termination prior to completion of the Contract. c) Any such termination shall be without prejudice to any other rights of the contractor under the Contract or the Law. On such termination, the Contractor shall be entitled to stop all Works related to the Contract and to remove immediately all Contractor’s equipment and property.” (M/s Andritz)


Page No.29

Request to include the following clause pertaining to the suspension and termination rights for the contractor as below: “Suspension by the Contractor: The contractor may suspend performance of all or any part of his obligations for such period of time that the Employer is in delay with any of his obligations in connection with the Contract including, amongst others, payment of any due amount or opening, amendment, and extension of L/C as required by the contractor. Additionally, the contractor shall have the right to extend such suspension for the time the contractor reasonably may need to resume his obligations (e.g. for reason of machine utilization, remobilization of workforce, etc.). Upon such suspension, the contractor shall be entitled to an adequate extension of Time for Completion and to reimbursement of any costs, damages and losses incurred by the Contractor due to such suspension. Explanation: This tender clause is one sided. If owner can suspend the contract for certain reasons, then contractor should also be allowed to suspend the contract for breach of contract by owner. (M/s Angelique)


Page No.30

It is requested to kindly include the following clause pertaining to the suspension rights of the contractor also, as mentioned below: “Suspension by the Contractor:” The contractor may suspend performance of all or any part of his obligations for such period of time that the Owner is in delay with any of his obligations in connection with the Contract including, amongst others, payment of any due amount. Additionally, the contractor shall have the right to extend such suspension for the time the contractor reasonably may need to resume his obligations (e.g. for reason of machine utilization, remobilization of workforce, etc.). Upon such suspension, the contractor shall be entitled to an adequate extension of Time for Completion and to reimbursement of any costs, damages and losses incurred by the Contractor due to such suspension. Explanation: This tender clause is one sided. If Owner can suspend the contract for certain reasons, then contractor should


Page No.31

also be allowed to suspend the contract for breach of contract by Owner. (M/s Power Mech)

36 Vol.-III Section-5 GCC Page 33 Cl. No. 23.1 Time for Completion.

“Completion time for the Project as a whole i.e. commissioning of all the three units is 30 months from the date of issuance of letter of award.”

Request to kindly modify this clause as follows: Completion time for the Project as a whole i.e. commissioning of all the three units is 42 months from the date of handing over of site to Contractor.” Explanation: You will kindly appreciate that generally Hydro Projects are located in remote areas and proper mobilization to site is possible only after handing over of site by Owner to Contractor. Therefore, commencement of contractual completion period is normally considered from the date of Handing over of Site to Contractor for execution of work. (M/s Power Mech)

Bid conditions shall prevail.

37 Volume-III Section -5 GCC

New Sub clause to be incorporated. “Termination by the Contractor:”

Kindly add following clause from Lower Kalnai HEP: “Termination by the Contractor:” a) The Contractor may terminate the

Contract if:

(i) the Employer does not remedy the default of delay in payment or issuance, amendment or maintenance of payment security within 30 (thirty) days after having received the notice of suspension



Page No.32

of the Contract by the contractor, or

(ii) if the Employer substantially fails to perform his obligations under the Contract, or

(iii) if the execution of delivery or the inception or continuation of Works is made impossible for reasons within the responsibility of the Employer and if the delay is extended beyond a grace period of 30 (thirty) days.

b) The Contractor shall further be entitled to receive from the Employer the agreed Contract Price deducted by the costs saved by reason(s) of termination prior to completion of the Contract. Any such termination shall be without prejudice to any other rights of the contractor under the Contract or the Law. On such termination, the Contractor shall be entitled to stop all Works related to the Contract and to remove immediately all Contractor’s equipment and property.” (M/s Power Mech)


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38 Volume-III Section-6.3, 6.4: Special conditions of the contract 2. Terms of Payment

Request you to kindly include the following: For the E&M portion, the payment shall be made directly to the E&M Sub-contractor by JKSPDC through irrevocable Letter of Credit payable at sight.

(M/s Andritz)


39. Request for Qualification 8. General Sub clause 8.6 Form-8 Litigation History

Each partner of a Consortium /JV and the proposed sub-contractors applying for pre qualification should enlist their litigation history on separate sheets, providing information on the cases adjudged, pending and running under any arbitration or under adjudication in any court of law.

As there is no mention of years, we will submit the details pertaining to the litigation history for the last 3 years.

In case of further details, kindly confirm that this data is to be submitted for how many years? (M/s Andritz)

Submit litigation history for the last 05 years including disposal of cases.

40. Vol.0 ,Part -1 Cl. no.1.0 Notification of Invitation of RFQ Vol -I ,Section-1 Cl. 17.2 Vol -III, Section-5 Cl. 32 Price Adjustment

“ International Competitive Bidding (ICB) under EPC Turnkey Lump Sum Fixed Cost Basis……” “This being a Lump-Sum EPC contract, the Contract Price of the Bid shall remain fixed and shall not be subject to any Price-Adjustment/ variation.” “The Contract Price shall remain firm and there shall be no scope for price adjustment...”.

JKSPDC is requested to incorporate the provision of Price Adjustment during the performance of the contract . Explanation: Generally, Hydro Power Projects are having gestation period of more than 18 months. NHPC and other Power Utilities are allowing price variation during the contract period, in their contracts if gestation period is more than 18 months. Even CEA also recommends price

Price variation shall be allowed under the contract after the first two years subject to the condition that the EPC contractor achieves the required progress percentage of the works in the first two years of the contract period.


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Adjustment during the currency of the contract if gestation period is more than 18 months so that unnecessary extra loading of bid price by bidders on account of price variation, is avoided. Also JKSPDC had allowed Price Variation during performance of the contract in their EPC projects like Lower Kalnai etc. (M/s Angelique)

JKSPDC is requested to allow Price Adjustment during the performance of the contract. Explanation: Generally, Hydro Power Projects are having gestation period of more than 18 months. NHPC and other Power Utilities are allowing price variation during the contract period, in their contracts if gestation period is more than 18 months. Also JKSPDC had allowed Price Variation during performance of the contract in their EPC projects likeLower Kalnaietc. (M/s Power Mech)

41.

Vol.0 ,Part -2 Cl. No.5.1.4 Instruction to Applicants

…… shall be in successful operation for last 3 years.

The three years criteria of successful operation may be modified to 2 years criteria. (M/s Angelique)



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The three years criteria of successful operation may be modified to 2 years. (M/s Power Mech)

42. Vol.0 ,Part -2 Cl. No.1.4 Instructions to Applicants

“…..Defects Liability period of 18 months shall commence after completion / commissioning of works.”

Kindly modify Defect Liability period to 12 months in line with the practice prevailing in the Hydro Projects. Explanation: In Hydro Projects, the Defect Liability Period is generally 12 months from the date of commercial operation of the particular generating unit.. Also JKSPDC had 12 months Defect Liability Period in their EPC projects i.e. Lower KalnaiHEP Pernai HEP etc. (M/s Power Mech)



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43. Vol.0 ,Part -2 Cl. No.3.1 Method of Applying

The Rfq cum Rfp document shall be accompanied with document fee of INR 2,00,000/- (Indian Rupee Two Lakh) ……”

You will kindly appreciate that this Tender has been retendered thrice and huge tender fee is required to be deposited along with tender. It is requested that those bidders who had already purchased Phagla tender document earlier, by depositing Rupees Two Lakhs to JKSPDC,shall be exempted from tender fee mentioned in clause 3.1(M/s Power Mech)

Bid provision shall prevail.

44. Vol.-III Section-5 GCC Page 33 Cl. No. 23.1 Time for Completion

“Completion time for the Project as a whole i.e. commissioning of all the three units is 30 months from the date of issuance of letter of award.”

Request to kindly modify this clause as follows: Completion time for the project as a whole i.e. commissioning of all two units is 52 months from the date of Handing over of Site to Contractor. Explanation: You will kindly appreciate that generally Hydro Projects are located in remote areas and proper mobilization to site is possible only after handing over of site by Owner to Contractor. Therefore, commencement of contractual completion period is normally considered from the date of Handing over of Site to Contractor for execution of work. (M/s Angelique)



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Kindly confirm that Total Time for Completion of Work is 42 (30+12) months. Explanation: In case development of infrastructure facility is to be done by JKSPDC then this period will stand excluded from the Contract completion period. In case development of infrastructure facility is to be done by contractor then contractor will perform this work only after getting the Letter of award from JKSPDC. Therefore, it will form the part of total contract period counted from the date of Letter of Award (i.e. 30+12 months). (M/s Power Mech)

45 Vol.-III Section-5 GCC Cl. No. 28 Final Acceptance Certificate

28.1 “A Final Acceptance Certificate shall be issued to the Contractor at its request by the Owner within thirty days after the expiry of the Defects Liability Period applicable to the Works or part thereof, or the date of rectification of outstanding deficiencies/ damages/defects as per Article 27 above whichever is later.”.

As per global practice, Final Acceptance of machine is the event when Field Efficiency & Output Tests are successfully conducted on Turbine and Generator in Hydro Power Plant. After acceptance of Generating Equipment, it is put on Commercial run by Owner. Final Acceptance Certificate is issued to Contractor at this point of time and not after Defect Liability Period as mentioned in this clause. It is requested to kindly modify this clause accordingly. (M/s Angelique)



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As per global practice, Final Acceptance of machine is the event whenField Efficiency&Output Tests are successfully conducted on Turbine and Generator in Hydro Power Plant. After issuing acceptance certificate, Generating Equipmentis put on Commercial run by Owner. Final Acceptance Certificate is issued upon taking over of equipment and not after Defect Liability Period as mentioned in this clause. It is requested to kindly modify this clause accordingly.

(M/s Power Mech)

46 Vol.-III Section-5 GCC Cl. No. 33 Taxes & Duties

New Sub clause to be incorporated. “Statutory Obligations”

Kindly incorporate the following provision of Statutory Obligations in this clause: “ However, if a new tax or duty or levy, other than those existing on the date of submission of bid, is imposed in India under a statute or law during the currency of the Contract and the Contractor becomes legally liable thereunder to and actually pays the same for bonafide use on the Works contracted, then the Contractor shall immediately inform the Owner in this regard. The Owner will reimburse the same to the Contractor on production of satisfactory proof of payment, provided that the amount thus claimed is not paid under the Contract.” (M/s Angelique)



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Kindly incorporate the following provision of Statutory Obligations in this clause: “ However, if a new tax or duty or levy, other than those existing on the date of submission of bid, is imposed in India under a statute or law during the currency of the Contract and the Contractor becomes legally liable thereunder to and actually pays the same for bonafide use on the Works contracted, then the Contractor shall immediately inform the Owner in this regard. The Owner will reimburse the same to the Contractor on production of satisfactory proof of payment, provided that the amount thus claimed is not paid under the Contract.”

(M/s Power Mech) 47. Vol.-III

Section-5 GCC Cl. No36 Force Majeure

36.4 “Time for performance of the Relative obligation suspended by the force majeure shall stand extended pursuant to Article 24 hereof to the extent of such occurrence affects the time for completion”.

Besides time extension, the idling charges of contractors resources should also be payable to contractor. Kindly modify the clause accordingly. (M/s Angelique)


New Sub clause to be incorporated. Kindly incorporate the following in this clause in line with Lower Kalnai HEP: “Notwithstanding any other provision of this clause, Force Majeure shall not apply to any obligations of the Owner to make


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payments to the Contractor under the Contract.” (M/s Angelique)

36.4 “Time for performance of the relative obligation suspended by the force majeure shall stand extended pursuant to Article 24 hereof to the extent the effect of such occurrence affects the Time for Completion”

Besides time extension, the Idling charges of contractor’s resources should also be payable to Contractor. Kindly modify the clause accordingly. (M/s Power Mech)

New Sub clause to be incorporated.

Kindly incorporate the following in this clause in line with Lower Kalnai HEP. “Notwithstanding any other provision of this clause, Force Majeure shall not apply to any obligations of the Owner to make payments to the Contractor under the Contract.” (M/s Power Mech)

48 Vol.-III Section-5 SCC Cl 4.4 Down Payment

“ (a) The Owner will make, if so opted for by the Contractor, an interest bearing down payment to him exclusively for the costs of mobilization in respect of the Works in an amount not exceeding 10 (Ten) percent of the Contract Price,which shall be paid in four installments of 30%, 30%, 20% & 20%. Each successive installment shall be released after utilization of previous installment, duly supported by documentary evidence and verified by the

a) It is requested to provide Interest free advance / down payment. b) From this clause we understand that down payment will be max. upto10% of total Contract Price. Kindly confirm. It is requested that interest on advance shall be charged as per SBI MCLR rates. Kindly confirm. (M/s Angelique)

The EPC Contractor shall have the option to avail interest bearing mobilisation advance amounting to 10% of the Contract price, for which interest shall be charged by JKSPDC at J&K Bank Base Rate as on the date of availing the advance plus 3%. The advance shall be released separately for (a) Civil, (b) EM, (c) HM, and (d) PDE works, each in three instalments of 50%, 30%, & 20% (aggregating to 100%). Each successive instalment shall be released after utilization of previous instalment, duly supported


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Engineer-in-Charge.” The interest rate shall be as per SBI advance rate (SBAR) as on 28 days prior to bid submission.”

by documentary evidence and verified by the Engineer-in-Charge. The EPC Contractor shall be required to submit, along with the certificate, a documentary proof of transfer of funds to the subcontractor in case of advance availed for subcontracted portion of the works.

“ (a) The Owner will make, if so opted for by the Contractor, an interest bearing down payment to him exclusively for the costs of mobilization in respect of the Works in an amount not exceeding 10 (Ten) percent of the Contract Price,which shall be paid in four installments of 30%, 30%, 20% &20%. Each successive installment shall be released after utilization of previous installment, duly supported by documentary evidence and verified by the Engineer-in-Charge. The interest rate shall be as per SBI advance rate (SBAR) as on 28 days prior to bid submission. ”

a) It is requested to provide Interest free advance payment. to contractor.

b) It is requested to kindly provide 10%

of total Contract Price. As Advance / Down payment. Kindly confirm.

c) It is requested that interest on advance

shall be charged as per SBI MCLR rates. Kindly confirm.

(M/s Power Mech)

49 Vol.-III Section-5 GCC Cl. No. 49 Effect of Change in Law

“ There shall be no scope for price adjustment on account of change in law after the submission of Price Bids for the Contract including changes to any National or State Statute, Ordinance, Decree, or other Law or any regulation or by-law of

This is one sided tender clause. Both the parties of contract have to adhere the statutory obligations. These provisions are clearly mentioned in JKSPDC’s Lower Kalnai EPC Project. This tender clause needs to be modified. (M/s Power Mech)



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any local or other duly constituted authority, or the introduction of any such State Statute, Ordinance, Decree, Law, regulation.”

50 Vol.-III Section-5 SCC / Pg.3 Cl. No 3 Price Adjustment

Delay of more than six months in handing over of encumbrance-free land to the EPC Contractor for a project component from the start date of that project component as per the agreed construction schedule.

You will kindly appreciate every delay will result in cost overrun. This is not justified if six months’ delay is there then only Price adjustment will be applicable. Provisions of Price Adjustment clause shall be applicable if delay of more than one-monthis occurred in handing over of site. Kindly modify this clause. (M/s Power Mech)


51 Price Adjustment: (SCC) Payment due on account of price variation shall be made only after successful commissioning of the project. No interest shall be paid to the contractor on account of delaY in payment gf price variation amount, in any,case

The due payment if any on account of price variation shall be made on regular intervals and in case if same is paid after successful commissioning of the project, then the same shall be Paid along with 1% interest on State Bank Advance Rate (SBAR) in vogue. (M/s M & Co)


52 RFP Document (Vol III) Clause 31.5

Delayed payment (GCC)

In the event of the failure of the owner to make payment with in 60 (sixty) days of receipt of progress certificate along with relevant documents provided if there is no dispute about the payment, the contractor shall be entitled to

The period for delay in payment is not specified which should be maximum two months the interest rate for the delayed payment has to be 1%o above on SBAR.

(M/s M & Co)



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receive simple interest on unpaid sum @ loh (on percent) per annum for the INR currency. The provision of this article are without prejudice to the contractor entitlement under GCC article 40 or otherwise. Delay in payment due to disPute shall in no case entitled the contractor to claim interest on the delayed payment.

53 Compostion of JV/Consortium 6.1.2

The main bidder shall necessarily meet its criteria for civil works. However in case bidder does not have tunneling experience , then he is allowed to sublet the tunnel work to a qualified sub contract. However both the main bidder and the tunneling Sub- contractor shall be responsible for the entire works.

As per clause 5.1.2 para 3, in case of JV or consortium a partner of the JV/a member of the consortium shall necessarly meet the criteria (Fixed for the civil works). Therefore the lead partner necessarily meeting this criteria is not necessary as per clause 6.1.2 and para 2 of 5.1.2, as such may kindly be modified.(M/s CPPPL)

The Clause 5.1.2 para 3 is modified as under: “In case of applicant being a JV or consortium, a partner of the JV/a member of the consortium shall necessarily meet the criteria of civil works (excluding Tunneling Criteria). Experience gained as an IPP/Developer shall not be considered.”

54 Fiancial capacity (Profitability) 5.1.5.2

Each memberof consortium/JV should have earned net profit (Before taxes) for preceding 3 financial years. The bidder should not be under debt restructuring at the time of submission of bid,

In this clause the word “ before taxes” may kindly be replaced with “after taxes” (M/s CPPPL)



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55 Vol.-III Section-5 SCC Cl 6 LD for Failure to meet the Guaranteed Output

“If all the generating units together fail to generate guaranteed output at the generator terminals with a power factor as set out in Article 9.2 of GCC, then Rs.15,00,00,000 (Hundred Fifty Million Indian Rupees) shall be paid by the bidderas liquidated damages for each MW of shortfall and fraction of one MW shall be paid on prorate basis. Liquidated damages in case of individual components shall be as per section 6.3.”

The Liquidated Damages are subject to maximum limit of 10% of contract Price and accordingly this clause may kindly be modified as shown below. If all the generating units together fail to generate guaranteed output at the generator terminals with a power factor as set out in Article 9.2 of GCC, then Rs.15,00,00,000 (Hundred Fifty Million Indian Rupees) shall be paid by the bidder as liquidated damages for each MW of shortfall and fraction of one MW shall be paid on prorata basis. Liquidated damages in case of individual components shall be as per section 6.3. However, aggregate sum of this LD shall not be more than 10 % of contract price. (M/s Angelique)


This clause is duplicated with clause no. 7.3 under section 6.3 SCC . The Liquidated Damages are subject to maximum limit of 10% of contract Price and accordingly this clause may kindly be modified as shown below. If all the generating units together fail to generate guaranteed output at the generator terminals with a power factor as set out in Article 9.2 of GCC, then Rs.15,00,00,000 (Hundred Fifty Million Indian Rupees) shall be paid by the bidder as liquidated damages for each MW of shortfall and fraction of one MW shall be


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paid on prorata basis. Liquidated damages in case of individual components shall be as per section 6.3. However, aggregate sum of this LD shall not be more than 10 % of contract price. Kindly modify this clause. (M/s Power Mech)

56 Vol.-III Section-6 SCCPg.6 Cl. No.5 Time for completion

“ .. liquidated damages payable to owner @0.03%of the aggregate contract price per day of delay, subject to maximum 10% of contract price.”

It is requested that the ”Liquidated Damages” shall be. limited to maximum 5% of total contract price in line with Pernai and Lower Kalnai Tenders. (M/s Angelique)


It is requested that the ”Liquidated Damages” shall be. limited to maximum 5% of total contract price in line with Pernai and Lower Kalnai Tenders. (M/s Power Mech)

57 Vol.-III Section-6.3 SCC Clause 7 Performance Guarantee Test

7.1 “Turbine Efficiency - To prove the weighted average efficiency of the turbine as guaranteed in the Owner’s Requirements a field test will be carried out on each turbine according to IEC…...” 7.2 “To prove the weighted average efficiency of the generator as guaranteed in the Owner’s Requirements, a field test will be carried out on each generatoraccording to IEC…...”

As per standard practice in Hydro Projects if Powerhouse contains multiple generating units of same design then Field Efficiency Tests are conducted on only one unit which is mutually decided by Owner and Contractor. The test results are applicable to all generating units. In case of JKSPDC’s Lower Kalnai EPC Project also the Field Acceptance Tests shall be conducted on one generating unit as selected by Employer. As per the tender provisions under clause no. 7, we understand that Field Efficiency Test is to be conducted on each generating unit. Each test takes around 15 to 20 days’ time for one unit and during this period



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Unit will not generate the power. To save time and also to save generation loss, all Power Utilities, including NHPC etc. are conducting Efficiency Test on one generating unit only and its results are applied to all other generating units of the Power House for the purpose of LD etc. This clause may please be modified accordingly. (M/s Angelique)

As per standard practice in Hydro Projects if Power House contains multiple generating units of same design then Field Efficiency Tests are conducted on only one unit which is mutually decided by Owner and Contractor. The test results are applicable to all generating units. In case of JKSPDC’s Lower Kalnai EPC Project also the Field Acceptance Tests shall be conducted on one generating unit as selected by Employer. As per the tender provisions under clause no. 7, we understand that Field Efficiency Test is to be conducted on each generating unit. Each test takes around 15 to 20 days’ time for one unit and during this period Unit will not generate the power. To save time and also to save generation loss, all Power Utilities, including NHPC etc. are conducting Efficiency Test on one


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generating unit only and its results are applied to all other generating units of the Power House for the purpose of LD etc. This clause may please be modified accordingly. (M/s Power Mech)

58 Vol.-III Section-5 GCC Pg. 39 Cl. No. 30.2 & 30.3 Payments & Certificates

All the payments in Indian currency shall be paid to contractor through account payee cheque…”

Request you to modify the mode of payment for E & M Equipment and HM Equipment as shown below: “The Employer shall establish an irrevocable Letter of Credit(L/C) in favour of the contractor through the Employers’s Bank for payments due,as per terms of payment, on Ex-works/CIF dispatch of plant and equipment including mandatory spares covered in Schedule” Explanation: Payment security in a EPC contract is a must for contractor. Therefore we request that LC provisions may kindly be incorporated in line with Parnai and Lower Kalnai tenders of JKSPDC. (M/s Angelique)



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Request to modify the mode of payment for E&M Equipment and HM Equipment as shown below: “The Employer shall establish an irrevocable Letter of Credit (L/C) in favour of the Contractor through the Employer’s Bank for payments due, as per Terms of Payment, on Ex-works/CIF dispatch of plant and equipment including mandatory spares covered in Schedule….” Explanation: Payment security in a EPC contract is a must for contractor. Therefore we request that LC provisions may kindly be incorporated in line with Pernai and Lower Kalnai tenders of JKSPDC. (M/s Power Mech)

Note:-

BID SECURITY

It is further clarified that the clause 19.1 of Bid Security shall be read as”The bid shall be accompanied by a bid security for an amount of INR INR 4.0 Crore (Four Crores only).

S. NO BID REQUIREMENTS QUERY JKSPDC

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