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1
1 Volume 1.0, Section 1.0
Clause 2.1 The Engineering procurement and construction contract for the 2x660
MW Udangudi Supercritical Thermal
Power Project at Udangudi shall be awarded on single EPC basis. However
for the purpose of payment , taxes and duties the entire contract price will be
divided and separate letter of intent
will be issued for 1. Supply – comprising of supply of
equipment. 2. Erection ‐ Erection testing and
commissioning of the plant including
civil works.
We request TANGEDCO to confirm that that during contract formation the entire project
would be split into the following five
contracts.
First Contract (CIF): offshore (imported) equipment & and associated mandatory
spares on CIF basis
Second Contract (EXW): Ex‐Works (EXW)
supply of all onshore equipment and associated mandatory spares
Third Contract (Erection Services): For providing all erection services i.e. unloading,
further loading for inland transportation for delivery at site, unloading, storage, handling
at site, Installation, Testing and
Commissioning including performance testing in respect of all the equipment.
Fourth Contract (Civil – Supply of Structural Steel & Cement): For supplying all required
structural steel and cement for all the civil,
structural steel and architectural works.
Fifth Contract (Civil Services): For providing all services covering all the civil, structural
steel and architectural works comprising of design & construction including supply of
labour of all the required buildings,
foundations and super‐structures
Bidder to follow as per the specification
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2 Vol. I,
Section – 1.0 & Vol. 1
and Section – 5.0,
Annexure 8 , Proforma
1,2,3,4,5 & 6
NOTE 1),
4.1.3, ITB
In all the above cases of 4.1.1(b),
4.1.2 & 4.1.3 the bidder along with the qualified steam generator
manufacturer and the subsidiary/JV company of the supercritical steam
generator manufacturer/ qualified steam turbine generator manufacturer
and subsidiary /JV company of the
supercritical turbine generator manufacturer for this project shall
furnish a Deed of joint undertaking along with the bid for successful
performance of the steam generator
and other associated auxiliaries, steam turbine generator and other associated
auxiliary equipments to be supplied for this project and they shall be jointly
and severally liable to the owner
including performance of the contract.,
By referring to the Section I and 5, we
understand that the liability of QSTGM and QSGM under the respective DJU (equipment
for which the DJU has been signed) shall be limited to successful performance of the
Steam Turbine Generator and Steam Generator respectively. We request
TANGEDCO to confirm.
Liability shall be as per the
Specification.
3 Vol. I,
Section – 1.0
6.0, ITB The Overall Project Schedule for
design, engineering, supply, delivery at site, erection, testing commissioning
both units including all auxiliaries ,
Synchronising, conducting PG test and handing over for Commercial
Operation Declaration (COD) of 2x660 MW Udangudi Supercritical
Thermal Power Project – Stage‐1 at
Udangudi for both units 1 & 2 shall be 42 months from the date of Letter of
Intent (LOI)
We request Owner to give justified time for
completion of Project. Hence the clause shall be amended as : "The Overall Project
Schedule for design, engineering, supply,
delivery at site, erection, testing commissioning both units including all
auxiliaries , Synchronising, conducting PG test and handing over for Commercial
Operation Declaration (COD) of 2x660 MW
Udangudi Supercritical Thermal Power Project – Stage‐ 1 at Udangudi for units 1
shall be 48 months & for Unit 2 shall be 54 months from the date of Letter of Intent
(LOI).
Bidder to follow the
specification.
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4 Volume 1.0,
Section 1.0
Clause 6.1 All taxes & duties applicable on direct
transactions between the Owner and the Contractor shall be reimbursed to
the Contractor at actual against the documentary evidence of payment of
the same by the Contractor. The rates for all the bought out items shall be
inclusive of all taxes and duties.
No statutory variation of taxes and
duties etc. will be allowed for the bought out items.
We understand that if, after the date seven
(7) days prior to the date of Price Bid submission, in the country where the Site is
located, any law, regulation, ordinance, order or by‐law having the force of law is enacted,
promulgated, abrogated or changed (which
shall be deemed to include any change in interpretation or application by the
competent authorities) that subsequently affects the costs and expenses of the
Contractor and/or the Time for Completion,
the Contract Price shall be correspondingly increased or decreased, and/or the Time for
Completion shall be reasonably adjusted to the extent that the Contractor has thereby
been affected in the performance of any of
its obligations under the Contract. However, these adjustments would be restricted to
items in respect of both direct transactions between the Employer and the Contractor,
Bought out items (to be despatched directly from sub‐vendor's works to Plant site) and
foreign raw materials, intermediary
components etc. procured by the Contractor / its subcontractors
Bidder to follow the
specification.
5 Vol. I,
Section – 1.0
12.0, ITB The bidder shall quote in their
proposal, lump sum firm price for the entire scope of work under single point
responsibility covered under this specification as required in the
Schedules enclosed with the Tender
Specification on Firm Price Basis for the entire contract period. The price
basis shall include all taxes and duties
We request Owner to allow the Price
adjustment/ escalation. Owner to note that all PSU/ SEB are allowing the Price
adjustment. Variation in index rates is not predictable and hence is a risk for contractor
during execution. This shall be applicable
from one month prior to the submission of Bid.
Bidder to follow the
specification.
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6 Vol. I,
Section – 1.0
13.1, ITB It is the responsibility of the bidder to
assess the correct rate of taxes and duties while preparing the bid.
Since 100 % taxes and duties are being paid
to Government as when the sale is effected / service is provided, we request TANGEDCO
to reimburse 100 % taxes and duties against the submission of documents for such taxes
and duties. We request TANGEDCO to consider the
above and confirm.
Bidder to follow the
specification.
7 Vol. I, Section
– 1.0
15.0, ITB The bid by Consortium must be furnished with full names of members
and be signed with the partnership
name followed by the signature and designation of the authorized
representative(s).
Owner is requested that the Bids submitted by consortium the Lead bidder shall only be
required to sign the Bid
Bidder to follow the specification.
8 Vol. I,
Section
– 1.0
22.1, ITB Both Part ‐I (Cover ‐A) and Part ‐II
(Cover ‐ B) of the tender will be
opened in the presence of the bidders/
authorized representatives (not exceeding two persons). Initially only
Part –I: Cover‐A of the tender will be
opened on the due date specified.
Owner is requested to adopt 2 Stage bidding
like other PSU and SEB. Only Stage‐I
comprising Techno‐commercial Bid shall be
submitted and Stage‐II after
Technocommercial discussion shall be
submitted.
Bidder to follow the
specification.
9 Vol. I, Section
– 1.0
22.1, ITB Both Part ‐I (Cover ‐A) and Part ‐II
(Cover ‐ B) of the
tender will be opened in the presence
of the bidders/ authorized representatives (not exceeding two
persons). Initially only Part –I: Cover‐A
of the tender will be opened on the due date specified
Please confirm if the Bidder shall be allowed to submit any supplementary Price Bid after
Techno‐commercial discussion are over.
Bidder to refer claue 29.6 section 1 vol 1 of the
specification. Bidder to follow the specification.
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10 Vol. I,
Section – 1.0
25.5, ITB The Owner may waive any minor
infirmity in a bid, with or without loading on this account as deemed fit
by the Owner, which does not constitute a material deviation,
provided such waiver does not prejudice or affect the relative ranking
of any Bidder.
In the case of ICB tender bidder should be
known of the loadings done by the Owner or Bidder should be allowed to quote cost of
withdrawal of such deviation.
Bidder to follow the
specification.
11 Vol. I, Section
– 1.0
30.0 ITB Bidder understand that there is no loading on CIF portion quoted by the bidder.
Bidders query is not clear. Clause 30 section 1 volume 1 is
self explanatory.
12 Vol. I,
Section – 1.0
53.2 ITB Subject to the submission of Security
Deposit cum Performance Bank Guarantee within 30 days from the
date of Letter Of Intent (LOI), the Owner shall award the contract to the
successful bidder (through a Purchase order (PO)) whose bid has been
determined to be qualified,
substantially responsive, and has been determined as the lowest evaluated
bid.
Owner is also requested to link Advance
payment with the LOI hence please amend the clause as :
Subject to the submission of Security Deposit cum Performance Bank Guarantee within 30
days from the date of Letter Of Intent (LOI), the Owner shall award the contract to the
successful bidder with Advance payment with
in 60 days (through a Purchase order (PO)) whose bid has been determined to be
qualified, substantially responsive, and has been determined as the lowest evaluated bid.
In case the Ownr fails to release the Advance
payment with in 60 days then the zero date of contract shall be the date of release of
Advance payment by the Owner.
Bidder to follow specification
13 Vol. I,
Section – 2.0
16.0, GCC TERMS OF DELIVERY Please confirm transfer of title for imported
deliveries shall be FOB basis.
Bidder to follow specification
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14 Vol. I,
Section – 2.0
24.1, GCC Time is the essence of the contract. If
the Contractor fails to perform the work within the time specified in the
contract or any extension thereof the Company shall recover from the
Contractor as liquidated damages a sum of half percent (0.5%) of the total
contract price for each completed
week of delay. However, the total liquidated damages shall not exceed
10% of the total contract value. This clause shall be read along with clauses
6.3 and 6.4 of Section‐4 Vol‐1
Owner is requested to amend the clause as :
If the Contractor fails to perform the work within the time specified in the contract or
any extension thereof the Company shall recover from the Contractor as liquidated
damages a sum of half percent (0.5%) of the total contract price for each completed week
of delay. However, the total liquidated
damages shall not exceed 5% of the total contract value. This clause shall be read
along with clauses 6.3 and 6.4 of Section‐4
Vol‐1
Bidder to follow the
specification.
15 Volume 1,
Section 2,
Clause 29.0 The Owner/Purchaser reserve the right
to suspend and reinstate execution of the whole or any part of the work
without invalidating the provisions of the Contract. Orders for suspension or
reinstatement of the work will be
issued by the Owner to the Contractor in writing. The time for
completion of the work will be extended for a period equal to
duration of the suspension and no
financial compensation will be paid for the above suspension. No idle labour
payments will be made on any account.
We request TANGEDCO the consider and
confirm the following , as it prudently being followed in all the PSU and SEB projects.
The Owner/Purchaser reserve the right to suspend and reinstate execution of the whole
or any part of the work without invalidating
the provisions of the Contract. Orders for suspension or reinstatement of the work will
be issued by the Owner to the Contractor in writing. The time for completion of the work
will be extended for a period equal to
duration of the suspension and if contractor incurred any additional costs or expenses,
then it shall be paid by the Employer to the Contractor in addition to the Contract Price.
Suspension by the Contractor: If the Employer has failed to pay the Contractor
any sum due under the Contract within the specified period, has failed to approve any
invoice or supporting documents, the Contractor may give a notice to the Employer
Bidder to follow specification
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that requires payment of such sum, requires approval of such invoice or supporting
documents, or specifies the breach and
requires the Employer to remedy the same, as the case may be.
If the Employer fails to pay such sum, fails to
approve such invoice or supporting documents or give its reasons for withholding
such approval, or fails to remedy the breach
or take steps to remedy the breach within fourteen (14) days after receipt of the
Contractor’s notice, Contractor can suspend performance of all or any of its obligations
under the Contract.
As a result of such suspension, if contractor
incurred any additional costs or expenses, then it shall be paid by the Employer to the
Contractor in addition to the Contract Price .
The time for completion of the work will be extended for a period equal to duration of
such Suspension
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16 Volume 1,
Section 2,
Clause 30.0 TERMINATION OF CONTRACT BY THE
OWNER/ PURCHASER The Purchaser reserves the right to
terminate the Contract either in part or full due to reasons other than those
mentioned under clause 25.0 GCC entitled "Contractor's Default'. The
Owner/Purchaser shall in such an
event give fifteen (15) days notice in writing to the Contractor of his
decision to do so.
The Contractor upon receipt of such
notice shall discontinue the work on the date and to the extent specified in
the notice, make all reasonable efforts to obtain cancellation of all orders and
contracts to the extent they are
related to the work terminated and upon terms satisfactory to the
Owner/Purchaser, stop all further sub‐contracting or purchasing activity
related to the work terminated and
assist the Owner/Purchaser in maintenance, protection and
disposition of the works required under the Contract by the Owner/Purchaser.
In the event of such termination the Contractor shall
be paid compensation, equitable and reasonable
dictated by the circumstances prevalent at the time
of termination.
We request TANGEDCO the consider and
confirm the following , as it prudently being followed in all the PSU and SEB projects.
In the event of termination of the Contract by Employer, the Employer shall pay to the
Contractor the following amounts: (a) the Contract Price attributable to the parts
of the Works executed by the Supplier as on
the date of termination as provisioned under the Cancellation Schedule attached herewith;
and (b) the costs reasonably incurred by the
Supplier in the removal of the Construction
Equipment from the Site and in the repatriation of the Supplier's and its
Sub‐Suppliers' personnel; and
(c) any amounts to be paid by the Supplier to its Sub‐Suppliers in connection with the
termination of any sub‐contracts, including
any cancellation charges; and (d) the costs incurred by the Supplier in
protecting the Works and leaving the Site in a clean and safe condition; and
(e) the reasonable amount of profit for the
parts of the Works not executed by the Supplier as on the date of termination; and
(f) the cost of satisfying all other obligations, commitments and claims which the
Supplier may in good faith have undertaken with third parties in connection with the
Contract and which are not covered by
paragraphs (a) through (d) above.
Termination by Supplier : Contractor shall be entitled to terminate the Contract by written
notice of termination delivered to Purchaser
Bidder to follow specification
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provided that Contractor has given thirty (30)
calendar days prior notice of its intention to terminate the Contract in the event of the
cases below; • suspension due to untimely payment is
arisen three (3) times or more. • If Purchaser becomes bankrupt or insolvent,
or if any proceedings are brought against
Purchaser, voluntarily or involuntarily, under the bankruptcy laws or any insolvency laws
• suspension is continued more than one hundred eighty (180) calendar days or the
cumulative suspension during the tenure of the Contract exceeds 365 days.
• Contractor is unable to carry out any of its obligations under the Contract for any reason
attributable to PURCHASER's failure of its
obligations in the Contract between PURCHASER and CONTRACTOR necessary for
the execution and/or completion of the Works. Purchaser shall pay but not limited to for
(a) the Contract Price attributable to the parts
of the Works executed by the Supplier as on the date of termination as provisioned under
the Cancellation Schedule attached herewith; and
(b) the costs reasonably incurred by the
Supplier in the removal of the Construction Equipment from the Site and in the
repatriation of the Supplier's and its Sub‐Suppliers' personnel; and
(c) any amounts to be paid by the Supplier to
its Sub‐Suppliers in connection with the
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termination of any sub‐contracts, including
any cancellation charges; and (d) the costs incurred by the Supplier in
protecting the Works and leaving the Site in a clean and safe condition; and
(e) the reasonable amount of profit for the parts of the Works not executed by the
Supplier as on the date of termination; and
(f) the cost of satisfying all other obligations, commitments and claims which the Supplier
may in good faith have undertaken with third parties in connection with the Contract and
which are not covered by paragraphs (a)
through (d) above. Termination of the contract shall not relieve
either party of any obligation arising out of work performed prior to termination.
Any audit of the Supplier’ records shall be
limited to work performed on a cost reimbursable basis, shall be conducted by a
mutually agreed independent accounting firm, and shall not include any inquiry into the
Supplier’ privileged and/or proprietary information.
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17 Vol. I,
Section – 2.0
43.1, GCC The Contractor shall guarantee that
the equipment being supplied under this Contract shall be new and of first
quality workmanship and shall have no defect in manufacture, for the purpose
intended. The guarantee shall be for a period of 24 calendar months
commencing immediately on
completion of successful Performance Guarantee Testing of the Unit &
acceptance by TANGEDCO and shall be furnished as said above in clause 9.0.
GCC (Security Deposit cum Contract
Performance Guarantee).
Owner is requested to limit the guarantee
upto 12 months from the date of PG test.
Bidder to follow the
specification.
18 Volume 1.0,
Section 2.0
Clause 46 Limitation of Liability We understand that this clause is to be
interpreted as “The aggregate liability of the bidder / contractor to the Employer /
consortium, whether under the Contract, in tort or otherwise, shall not exceed the total
Contract
Price, provided that this limitation shall not apply to any obligation of the Contractor to
indemnify the Employer with respect to patent infringement.” Accordingly, we
request TANGEDCO to clarify and confirm.
The clause shall be read as
given in the specification.
19 Vol. I, Section
– 3.0
32.4, ECC The Contractor shall make his own arrangement for
water for erection & drinking purposes
Owner is requested to arrange the water for construction, service and drinking purpose
Bidder to follow specification
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20 Volume 1.0,
Section 3.0
Clause 51.1 However the Contractor shall be fully
responsible for any consequential liability.
We request TANGEDCO to remove this
phrase and replace the same with The Contractor shall not be liable to the
Employer, whether in contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of profits or interest costs
Bidder to follow specification
21 Vol. I,
Section – 4.0
1.3, SCC Bidder shall guarantee 90% availability
of the plant for one (1) year from the date of trial operation In case this is
not achieved this period shall be further extended to one year from the
date of repair of the equipment, until
such availability is achieved. Bidder shall maintain full fledged supervisory
staff until such period.
Plant availability is largely depend factors like
O&M practices, prevailing environment conditions, etc. The contractor will not have
any control on the above mentioned factors. So, we request TANGEDCO to remove this
clause
Bidder to follow specification.
22 Vol. I, Section
– 4.0
9.2, SCC PAYMENT TERMS TOWARDS SUPPLY OF
EQUIPMENTS INCLUDING SPECIAL TOOLS AND
TACKLES: 50% PRO RATA PAYMENT
25% PAYMENT TOWARDS MATERIAL
RECEIPT CERTIFICATE (MRC)
FINAL 10% PAYMENT
Owner is request to amend the below Payment terms as :
70% PRO RATA PAYMENT 10% PAYMENT TOWARDS MATERIAL
RECEIPT CERTIFICATE (MRC) FINAL 5% PAYMENT
Bidder to follow specification
23 Vol. I, Section
– 4.0
9.4, SCC PAYMENT TOWARDS ERECTION, TESTING AND COMMISSIONING
INCLUDING CIVIL WORKS The advance to be released under section
9.4.1 shall bear interest at 15% per
annum. The advance to the contractor shall be adjusted progressively with
progressive completion of erection, testing and commissioning work
Owner is requested to release Advance for Service without levying interest on it. This is
for the better execution of the project and project cost.
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9.4.5 15% PAYMENT TOWARDS MILE
STONE ACTIVITIES
Please release the payments against services
as Pro‐rata. Milestone payment will be
burden on contractor with a Negative Cash
Flow
Bidder to follow specification
24 Not defined Not defined Extension of Time New Clause Please release the payments against services as Pro‐rata. Milestone payment will be
burden on contractor with a Negative Cash
Flow
Not Acceptable.
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25 Vol-I/
ITB
20 13.14 Concessional Customs Duty if any
availed by the contractors shall pass
on the benefit to the Company. No
excise duty is admitted on bought out
items.
Bidder understands that no excise duty is
admissible ONLY on the imported items going
directly to site.
Please confirm.
Bidders query is not clear.
Bidder to follow specification.
26 Vol-I/
ITB
37 55.2 THREE YEARS O&M SPARES
In addition, the Bidder shall provide,
based on his own experience of the
performance of his equipment, in the
form of a schedule given in bid
documents, the complete list of
recommended spare parts for three (3)
years operation of the equipment
covered under the proposal. In the list
of recommended spare parts, the
bidder shall identify the unit-wise
population of each of items
recommended and anticipated normal
life of the spares. Such list will also
indicate item-wise prices on CIF
(Indian Port) / Ex-works (India) basis.
The bidder shall further indicate price
break-up on FOR site basis. No other
basis of prices will be quoted. The
prices of these spare parts shall be on
firm price basis and shall have
extended validity not less than 24
(twenty four) months after the issue of
As THREE YEARS O&M SPARES are not being
considered for Price Evaluation, please allow
Bidders to quote the prices for Recommended
Spares during contract finalization stage.
Bidder to follow specification.
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LOI for EPC Package. The prices of the
spare parts thus quoted shall not be
taken into consideration for purpose of
bid evaluation.
27
Vol-I/
SCC
18 22.3 If the guarantees specified are not
achieved by the Contractor within 90
days of notification by the Owner, he
may at his discretion reject the
equipment or accept it after levying
and recovering suitable penalties.
We request Owner to modify the clause as
follows:
If the guarantees specified are not achieved
by the Contractor within 90 days of
notification by the Owner, the Owner shall
accept the equipment after levying and
recovering suitable penalties.
Bidder to follow specification.
1.
28
Vol-I/
ITB
32 33 MAINTENANCE TOOLS AND TACKLES ETC:
Bidder request Tangedco to provide the list of maintenance tools and tackles for the project.
So as to make the price offer comparable with other bidders.
Maintenance tools and tackles are specific to the bidder
supplied equipments/systems for the project.
Bidder shall follow the
specification.
29 Vol-I/
ITB
35 49.0 The despatch clearance will be
normally issued by TANGEDCO within 30 days of the receipt of inspection
report/ Test Certificates.
Inspection and test will be carried out as per
approved/mutually agreed QA Programme. MDCC issuance by Employers
manager/authorized representative will be applicable for components under category A
mentioned in QA programme. For category B&C MDCC/IRN will be issued by bidder.
Since this is an EPC project, this will lead to
optimize overall project schedule. Please
Bidder shall follow the
specification. 30
Vol-I/ GCC
24 22.8 Final acceptance letter after witnessing the test by the Owner/Purchaser's
representative shall be issued by the
office awarding this contract. The
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contractor shall despatch the
equipment after receipt of the letter of consent from the office awarding the
contract.
confirm.
31 Vol-I/ GCC
23 22.3 The Contractor shall give the Owner/Purchaser/Inspector fifteen
(15) days notice by telex or Fax of any
material being ready for testing.
We would like to inform that inspection notification shall be provided as per QA
Program (to be submitted as part of our bid
proposal) which will be subject to Owner's approval.
Bidder shall follow the specification.
32 Vol-I/
GCC
24 22.9 INSPECTION, TESTING AND
INSPECTION CERTIFICATE:
Final acceptance letter for the test certificates will be approved by the
Owner/Purchaser within 10 (Ten) days from the date of receipt of test
reports. The documents shall be
negotiated for payment along with the approval of test certificate.
We request Owner to modify the clause as
follows:
Final acceptance letter for the test certificates will be approved by the Owner/Purchaser
within 3 (Three) 10 (Ten) days from the date of receipt of test reports. The documents shall
be negotiated for payment along with the
approval of test certificate.
Bidder shall follow the specification.
33 Vol-I/
GCC
27 28.1 LIABILITY FOR DAMAGE TO
PLANTS OR WORKS:
Under the Contract, the Contractor shall be responsible for loss or damage
to the plant and plant equipment until taking over of the plant by Purchaser.
We request Owner to modify the clause as
follows:
Under the Contract, the Contractor shall be responsible for loss or damage to the plant
and plant equipment until taking over of the plant by Purchaser except for the reasons
attributable to the employer, other
Contractors and Force Majeure.
Bidder shall follow the specification.
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34 Vol-I/
GCC
28 33 RIGHT TO USE UNSATISFACTORY
EQUIPMENT OR MATERIALS:
If after delivery, acceptance and
installation and within the guarantee
period the operation or use of an item proves to be unsatisfactory to the
Owner/Purchaser and fails to meet the requirements of specifications under
which it was purchased, he shall have the right to continue to operate or use
such items until correction of defects
by repair or replacement can be made by the seller without interfering with
the Owner/Purchaser's operations. The Purchaser shall intimate the Contractor
of such occurrence.
We request Owner to reword the clause as
follows:
If after delivery, acceptance and installation
and within the guarantee period the operation
or use of an item proves to be unsatisfactory to the Owner/Purchaser and fails to meet the
requirements of specifications under which it was purchased, the Purchaser shall
immediately intimate the Contractor of such occurrence and shall stop operating or using
such items until correction of defects by repair
or replacement can be made by the seller without interfering with the
Owner/Purchaser's operations.
Bidder shall follow the specification.
35 Vol-I/
GCC
29 34.4 WARRANTY
The replaced new parts shall be
furnished and erected free of cost by the Contractor. If any repair is carried
out on his behalf at the site, the Contractor shall bear the cost for such
repair.
We request Owner to modify the clause as
follows:
The replaced new parts shall be furnished and erected free of cost by the Contractor. If any
repair is carried out on his behalf at the site, the Contractor shall bear the cost for such
repair. However contactor request to kindly discuss and mutually agree the rates before
carrying out any such work.
Bidder shall follow the specification.
36 Vol-I/
GCC
33 41.2 Contractor's Obligations and
Tasks:
We request Owner to modify the clause as
follows:
Bidder shall follow the
specification.
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The Contractor shall provide free medical services to the Owner’s
personnel, but excluding dentistry,
buying glasses and tonic medicines.
The Contractor shall provide free medical services on chargeable basis to the Owner’s
personnel, but excluding including dentistry,
buying glasses and tonic medicines.
37 Vol-I/ GCC
37 49 Completion of Contract:
Unless otherwise terminated under the provisions of any other relevant clause,
this contract shall be deemed to have been completed at the conclusion of
the guarantee period as provided for under the Clause 43.0 entitled
'Guarantee' in this section and
completion of all the contractual obligations whichever is later.
We request Owner to modify the clause as follows:
Unless otherwise terminated under the
provisions of any other relevant clause, this contract shall be deemed to have been
completed at the completion of trial operation. conclusion of the guarantee period as
provided for under the Clause 43.0 entitled
'Guarantee' in this section and completion of all the contractual obligations whichever is
later.
Bidder shall follow the
specification.
38 Vol-I/
GCC
38 51.4 &
51.5
CO-OPERATION WITH OTHER
CONTRACTORS
Receipt of such copies by the
Owner/Purchaser shall not imply
approval of the contents thereof unless such approval is given in writing, and
shall not relieve the respective Contractors of the obligation of
supplying between them everything within the scope of their contract
necessary for the proper operation of
We request Owner to reword the clause as
follows:
a) It is kindly requested from the Employer
to provide the approved & final copies of the
document to avoid any confusion at the execution stage.
b) Neither Contractor shall submit to
Owner/Purchaser for approval any drawings or proposals which affect the other
Bidder shall follow the specification.
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the plant.
Neither Contractor shall submit to Owner/Purchaser for approval any
drawings or proposals which affect the
other Contractor unless he has obtained prior written agreement from
the other Contractor.
Contractor unless he has obtained prior
written agreement from the other Contractor. However the contractor shall not be liable for
any changes carried out by other contractor and in case contractors work is affected due
to these changes, contractor shall be suitably compensated with cost and schedule
changes.
39 Vol-I/ GCC
39 53.4 All the mandatory spares covered under the Contract shall be produced along
with the main equipment as a
continuous production and the delivery of the spares shall be effected along
with the main equipment in a phased manner and the delivery shall be
completed by the respective dates for
the various categories of the equipment as per the agreed schedule.
Bidder shall make best efforts to produce the mandatory spares along with main
equipment, however, it may not be
practical/feasible to do so in all the cases This aspect can be discussed at the pre-
award stage.
Bidder shall follow the
specification.
40 Vol-I/
GCC
39 53.6 The Contractor shall provide the
Purchaser with manufacturing drawings, material Specifications,
catalogues, assembly drawings and
any other document required by the Purchaser so as to enable the
Purchaser to identify the recommended spares. Such details
shall be furnished to the Purchaser as soon as they are prepared but in any
case not later than six (6) months
after the date of LOI.
We request Owner to modify the clause as
follows:
The Contractor shall provide the Purchaser with manufacturing drawings, material
Specifications, catalogues, assembly drawings and any other document required by the
Purchaser so as to enable the Purchaser to
identify the recommended spares. Such details shall be furnished to the Purchaser as
soon as they are prepared but in any case not later than six (6) months after the date of
Bidder shall follow the specification.
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LOI.
41 Vol-I/
GCC
40 53.11 The contractor shall provide the owner
with a ‘directory’ giving the addresses and other particulars of his sub-
contractors. The Owner, if he so desires, shall have the right to procure
the spares directly from sub-
contractor.
We request Owner to modify the clause as
follows:
The contractor shall provide the owner with a
‘directory’ giving the addresses and other
particulars of his sub-contractors. The Owner, if he so desires, shall have the right to procure
the spares directly from sub-contractor. However in case of direct procurement during
Warranty Period, Contractors liability &
warranty shall be void.
Noted and Agreed.
42 Vol-I/ GCC
42 63.0 First Fill of Oil, Lubricants ETC.
Apart from the first fill of lubricants, additional 10% of first fill of oils,
lubricants and essential chemicals,
etc., which will be required to commission the equipment covered
under the scope of Specification shall be furnished by the Vendor/Contractor
unless specifically excluded under the
exclusions in these specifications and documents.
We request Owner to modify the clause as follows:
Contractor shall provide sufficient Apart from
the first fill of lubricants, additional 10% for first fill of oils, lubricants and essential
chemicals, etc., Apart from the first fill of lubricants, which will be required to
commission the equipment covered under the
scope of Specification shall be furnished by the Vendor/Contractor unless specifically
excluded under the exclusions in these specifications and documents.
Bidder shall follow the
specification.
43 Vol-I/
GCC
42 64.1 Manufacturing Schedule:
The Vendor/Contractor shall submit to the Engineer, his manufacture and
schedules for all equipment within
We request Owner to modify the clause as
follows:
Bidder shall follow the specification.
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(30) thirty days from the date of
acceptance of the ‘Letter of Intent’. Such schedules shall be in line with
the detailed network for all phases of the work of Vendor/Contractor. Such
schedules shall be reviewed, updated and submitted to the Engineer once in
a month thereafter by the
Vendor/Contractor to ensure contracted delivery schedule of supply
erection & commissioning.
The Vendor/Contractor shall submit to the
Engineer, his manufacture and schedules for all equipment within (60) sixty (30) thirty days
from the date of acceptance of the ‘Letter of Intent’. Such schedules shall be in line with
the detailed network for all phases of the work of Vendor/Contractor. Such schedules shall be
reviewed, updated and submitted to the
Engineer once in a two months thereafter by the Vendor/Contractor to ensure contracted
delivery schedule of supply erection & commissioning.
44 Vol-I/
GCC
44 71.1 Design Coordination:
The Vendor / Contractor shall be responsible for the selection and
design of appropriate equipment to provide the best coordinated
performance of the entire system. The
basic design requirements are detailed out in the ‘Specification’. The design of
various components, sub-assemblies and assemblies shall also be done, so
that it facilitates easy field assembly
and maintenance, and the natural frequency of the complete unit is not
critical at or close to the operating range of the unit.
We request Owner to modify the clause as
follows:
The Vendor / Contractor shall be responsible
for the selection and design of appropriate equipment to provide the best coordinated
performance of the entire system. The basic design requirements are detailed out in the
‘Specification’. The design of various components, sub-assemblies and assemblies
shall also be done, so that it facilitates easy
field assembly and maintenance, and the natural frequency of the complete unit is not
critical at or close to the operating range of the unit.
Bidder shall follow the
specification.
45 Vol-I/
GCC
44 68.1 Tests…………………………………Bidder
shall specifically state whether tests
are included in equipment costs or Chargeable basis. The Schedule 18.0
If type / special test has already been
conducted and certificate is available for any
similar equipment then type tests will not be conducted on the equipment. However Type
Bidder shall follow the
specification.
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has to be filled in by the Bidder. If the
bidder has not mentioned anything about this then it shall be construed
that charges for the tests will be borne by the bidder and included in
equipments costs.
test certificates not older than 5 years from
the date of bid opening shall be submitted for Owner review. Please confirm.
46 Vol-I/ GCC
81.2.3 81.2 PURCHASER-INITIATED CHANGES IN WORK
If before or during the preparation of
the change proposal it becomes
apparent that the aggregate effect of compliance therewith and with all the
change orders that have already become binding upon the contractor
under this GCC clause 81.0 would be
to increase or decrease the contract price as originally set forth in the
Contract agreement by more than fifteen (15) percent, the contractor
may give a written notice of objection thereto prior to furnishing the change
proposal as
We request Owner to modify the clause as follows:
If before or during the preparation of the
change proposal it becomes apparent that the aggregate effect of compliance therewith and
with all the change orders that have already become binding upon the contractor under
this GCC clause 81.0 would be to increase or
decrease the contract price as originally set forth in the Contract agreement by more than
ten (10) fifteen (15) percent, the contractor may give a written notice of objection thereto
prior to furnishing the change proposal as
Bidder shall follow the
specification.
47 Vol-I/
ECC
14 25 PAINTING:
All exposed metal parts of the
equipment including piping, structures, railings etc. wherever
applicable, after installation unless otherwise surface protected, shall be
first painted with at least one coat of suitable primer which matches the
shop primer paint used, after
thoroughly cleaning all such parts of all dirt, rust, scales, greases, oils and
other foreign materials by wire
We understand that the painting of the equipment including piping, structures, railings
etc. shall be as per the painting scheme as
specified elsewhere in the contract. Please confirm. Bidder shall follow the
specification. The more stringent
requirement mentioned in the
specification shall apply.
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brushing, scraping or sand blasting,
and the same being inspected and approved by the engineer for painting.
Afterwards, the above parts shall be finished with two coats of alloyed resin
machinery epoxy paints. The quality of the finish paint shall be as per the
Indian Standards or equivalent and to
be of the colour as approved by the Engineer.
48 Vol-I/
SCC
13 11.2 &
11.3
After issuance of Letter of Intent
(LOI), the contractor shall submit to the Owner, the detailed quality plans
to be followed during manufacture of all major equipment.
The details of the quality assurance / quality checks envisaged by the
Contractor during manufacturing of the equipment supplied by him or
procured through his sub-vendors / sub-contractors shall be detailed out in
the quality plans to be submitted by
the Contractor.
We would like to inform that approval of QAPs
shall be as per QA Programme i.e. only category A items QAPs shall be submitted to
client for approval , Category B items shall be approved by bidder & shall be submitted to
client for information, For Category C items
COC shall be submitted, For Category IBR QAP shall be approved by bidder & submitted
for clients information. IBR items will be accepted based on IBR certification. Please
confirm.
The bidders request can be taken up only post award.
49 Vol I/ ITB
Annexure
1.1
39 1.2 The bidder/ Consortium must submit
the ‘End User‘ certificate along with
relevant information regarding
financial and commercial particulars in
the appropriate columns of Annexure-5
and the details regarding his
experience to meet the qualification.
TANGEDCO may kindly note that the Bidder,
the qualified steam generator manufacturer,
the qualified steam turbine manufacturer and
the qualified generator manufacturer have
end user certificates already issued by the end
users which are being used by the Bidder in
various tenders for meeting qualification
requirements. The content of these end user
certificates captures the details as required as
per Annexure-5.
Bidder request is acceptable
provided bidder ensures that the
required information sought in
the Annexure 5 are made
available in the end user
certificate.
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We therefore request TANGEDCO to allow
submission of the existing end user certificates
along with Annexure-5 duly filled in by the
Bidder. Kindly confirm.
50 Vol I/ ITB
Annexure
1.1
39 1.1
1.2
The above said documents may be
legalized by the local authorities
(attested by Notary Public) / Chamber
of commerce at the place of issue and if
such documents were issued in abroad
then they must be authenticated by
Indian Consulate/ Embassy in the
respective countries.
Bidder shall furnish the complete details
such as name of person, designation,
contact postal address, Email address,
Telephone No etc of the client
personnel who have issued the end
user/ experience certificate along with a
copy of the certificate duly
authenticated by the Indian
Consulate/Embassy in the respective
countries to enable the Purchaser to
verify and obtain confirmation directly.
We will like to bring to TANGEDCO’s notice
that in NTPC tenders the requirement of
authentication of Bid submittals by Indian
Consulate/ Embassy in the country of origin of
the submittals is only required in case of
English translated documents.
Considering that the authentication process by
Indian Embassy may take time and
considering short time duration available for
Bid submission, we request that the
requirement with respect to authentication by
Indian Embassy in respective countries should
be limited to those documents which are
translated in English.
Bidder to follow the
specification.
51 Vol I/
GTCC
46 79.2 In case of Bought out items, the price
should be inclusive of all taxes and
duties and it is to be noted that no
statutory variation will be paid on
We understand that any no statutory
variation will be paid on bought out items by
TANGEDCO. As per prevailing taxes & duties,
Bidder will have to consider Excise Duty
Bidder to follow the specification
TANGEDCO shall not pay any
variation of Taxes and duties in
respect of bought out items
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bought out items by the purchaser. @12.5% and CST @ 2% against Form C (as
sale-in –transit is allowed as per Clause 13.6
of ITB) ) for all the transactions related to
bought out items. We also understand that
the Central and various State Governments
endeavor to implement GST by April, 2016
and the GST rate is expected to be not less
than 20%.
This implies that the Bidder will have to take
a substantial hit on account of statutory
variation on bought out items as and when
GST gets implemented.
As per contemporary tenders of NTPC,
UPRVUNL, etc. we request TANGEDCO to
provide provision in the Tender for
reimbursement of statutory variation on
taxes and duties on bought out items on
account of implementation of GST. Kindly
refer to Annexure 1 which contains clause on
Statutory Variation, with respect to bought
out items, covering introduction of GST from
NTPC Khargone 2x660 MW tender.
under any circumstances.
Regarding implementation of
GST if notified by GOI, the same
will be treated as per change in
law.
52 Vol I/Sec
5
52/1
46
Annexure-8
Proforma-5
(Paragraph-
1)
This DEED OF UNDERTAKING
executed this………day of…………….Two
Thousand……by M/s.
………………………………………a Company
incorporated
under…………………………………………
………having its Registered office
Since, the underlined term “Associate” cannot
be found anywhere else in the entire Deed of
Joint Undertaking, we understand the same is
being referred to “Qualified Steam Generator
Manufacturer”.
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at……………………………………………….
(hereinafter called the “Associate,
which expression shall include its
successors, administrators executors
and permitted
assigns)…………………………
In view of the above, we request TANGEDCO
to modify the paragraph as follows:
This DEED OF UNDERTAKING executed
this………day of…………….Two
Thousand……by M/s.
………………………………………a Company
incorporated
under…………………………………………
………having its Registered office
at……………………………………………….
(hereinafter called the “Associate” or
“Qualified Steam Generator
Manufacturer”, which expression shall
include its successors, administrators
executors and permitted
assigns)…………………………
Bidder may refer the first para
of the proforma.
Associate implies Qualified
Steam Generator Manufacturer
and auxiliaries.
53 Vol I/Sec
5
59/1
46
Annexure-8
Proforma-6
(Paragraph-
1)
This DEED OF UNDERTAKING executed
this………day of…………….Two
Thousand……by M/s.
………………………………………a Company
incorporated
under………………………………………………
…… having its Registered office
at……………………………………………….(he
reinafter called the “Associate, which
expression shall include its successors,
administrators executors and permitted
Since, the underlined term “Associate” cannot
be found anywhere else in the entire Deed of
Joint Undertaking, we understand the same is
being referred to “Qualified Steam Turbine
Generator Manufacturer”.
In view of the above, we request TANGEDCO
to modify the paragraph as follows:
This DEED OF UNDERTAKING executed
this………day of…………….Two
Thousand……by M/s.
………………………………………a Company
Bidder may refer the first para
of the proforma.
Associate implies Qualified
Steam Turbine Generator
Manufacturer and auxiliaries.
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assigns)………………………….. incorporated
under……………………………………………………
having its Registered office
at……………………………………………….(hereinaf
ter called the “Associate” or “Qualified
Steam Turbine Generator
Manufacturer” , which expression shall
include its successors, administrators
executors and permitted
assigns)…………………………..
54 Vol I/Sec
5
52/1
46
Annexure-8
Proforma-5
(Paragraph-
1)
…………in favour of ”Tamil Nadu
Generation and Distribution
Corporation” Registered under
Companies Act 1956 and having its
Office at NPKRR Maaligai, 144 Anna
Salai, CHENNAI – 600 002 (India)
(hereinafter called “TANGEDCO” or
“Owner” which expression shall
include its successors, administrators,
executors and assigns).
Since, the underlined terms “TANGEDCO” and
“Owner” cannot be found anywhere else in
the entire Deed of Joint Undertaking(s) both
for SG & STG, we understand the same are
being referred to “Employer”.
In view of the above, we request TANGEDCO
to modify the paragraph as follows:
…………in favour of ”Tamil Nadu Generation
and Distribution Corporation” Registered
under Companies Act 1956 and having its
Office at NPKRR Maaligai, 144 Anna Salai,
CHENNAI – 600 002 (India) (hereinafter
called “TANGEDCO” or “Owner” or
“Employer” which expression shall include
its successors, administrators, executors and
assigns).
Bidder’s observation is
Accepted.
55 Vol I/Sec
5
59/1
46
Annexure-8
Proforma-6
(Paragraph-
1) Bidder’s observation is
Accepted.
56 Vol I/Sec
5
57/1
46
Annexure-8 Any dispute that may arise between
the Employer and the Qualified Steam
In line with contemporary tenders (i.e.
Tenders of NTPC, UPRVUNL, MAHAGENCO
Bidder shall follow the
specification.
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Proforma-5
S.No. 10
Generator Manufacturer in connection
with this Deed of Joint Undertaking
shall be finally settled by reference to
Arbitration in with Indian Arbitrations
Act and its amendments……………..
The place of arbitration shall be
Chennai, India.
etc.) and considering that Qualified Steam
Generator Manufacturer & Qualified Steam
Turbine Generator Manufacturer are foreign
parties, we request TANGEDCO to change:
i. the Arbitration Rules from “Indian
Arbitrations Act” to “United Nations Commission on International Trade
Law (UNCITRAL) Arbitration Rules of 1976” ; and
ii. the Place of Arbitration from Chennai
to Singapore.
57 Vol I/Sec
5
64/1
46
Annexure-8
Proforma-6
S.No. 11
*Any dispute that may arise between
the Employer and *the Qualified
Steam Turbine Generator Manufacturer
in connection with this Deed of Joint
Undertaking shall be finally settled by
reference to Arbitration in accordance
with Indian Arbitrations Act and its
amendments…………. The place of
arbitration shall be Chennai, India.
Bidder shall follow the
specification.
58 Vol I/Sec
5
58/1
46
Annexure-8
Proforma-5
Note We understand the following Note as
provided at the end of the Proforma-6 of
Deed of Joint Undertaking for STG, shall also
be included in the Proforma-5 of Deed of
Joint Undertaking for SG. Kindly confirm.
“Note:
1 Power of Attorney of the persons signing
on behalf of each of the executants is to be furnished by bidder and to be attached
along with the signed Deed of Joint
Bidder’s understanding is
correct.
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Undertaking.
2 * Bidder to strike out, whichever is not
applicable.”
59 Vol I/Sec
5
52/1
46
Annexure-8
Proforma-5
…..and M/s …………………………… a
Company registered under the
Companies Act 1956 having its
Registered Office
at……………………………………………………
………….(hereinafter called the
“Bidder/Contractor” which expression
shall include its successors,
administrators executors and permitted
assigns)
Since, BIDDER was incorporated under
Companies Act 1913 AND the Companies Act
1956 has now been superseded by
Companies Act 2013, we have modified the
paragraph as follows to make it suitable to
BIDDER’s Legal Status:
“…..and M/s …………………………… a Company
registered existing under the provisions of the
Companies Act 1956 2013 having its
Registered Office at …………………………….
(hereinafter called the “Bidder/Contractor”
which expression shall include its successors,
administrators executors and permitted
assigns)”
Kindly confirm if the abovementioned
modification can be made in Proforma(s) of
Deed of Joint Undertaking applicable to
BIDDER.
60 Vol I/Sec
5
59/1
46
Annexure-8
Proforma-6
Noted and agreed.
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61 Vol I/Sec
5
53/1
46
Annexure-8
Proforma-5
S.No. 1
That in consideration of the award of
the Contract(s) by the Employer to the
Contractor, we the Contractor, the
Qualified Steam Generator
Manufacturer, *The Indian
Subsidiary/Joint Venture Company and
the *OTHER PROMOTER do hereby
declare and undertake that we shall be
jointly and severally responsible to the
Employer for the execution and
successful performance of the contract
for the scope related to Steam
Generator and auxiliaries including
satisfactory thermal performance of
Steam Generator and its auxiliaries and
achievement of all guaranteed
parameters of all the units, as specified
under the said Contract(s) to the
satisfaction of the Employer.
We request TANGEDCO to modify the
paragraph as follows:
That in consideration of the award of the
Contract(s) by the Employer to the Contractor,
we the Contractor, the Qualified Steam
Generator Manufacturer, *The Indian
Subsidiary/Joint Venture Company and the
*OTHER PROMOTER do hereby declare and
undertake that we shall be jointly and severally
responsible to the Employer for the execution
and successful performance of the contract for
the scope related to Steam Generator and
auxiliaries including satisfactory thermal
performance of Steam Generator and its
auxiliaries and achievement of all guaranteed
parameters of all the units, as specified under
the said Contract(s) to the satisfaction of the
Employer.
Bidder to follow the
specification.
62 Vol I/Sec
5
60/1
46
Annexure-8
Proforma-6
S.No. 3
That in consideration of the award of
the Contract by the Employer to the
Contractor, we the Qualified Steam
Turbine Generator Manufacturer, *the
Subsidiary Company/JV Company,
OTHER PROMOTER and the Contractor,
do hereby declare and undertake that
we shall be jointly and severally liable to
the Employer for the successful
performance of the contract for the
We request TANGEDCO to modify the
paragraph as follows:
That in consideration of the award of the
Contract by the Employer to the Contractor,
we the Qualified Steam Turbine Generator
Manufacturer, *the Subsidiary Company/JV
Company, OTHER PROMOTER and the
Contractor, do hereby declare and undertake
that we shall be jointly and severally liable to
Bidder to follow the
specification.
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scope related to Steam Turbine
Generator and Auxiliaries including
turbine cycle, regenerative feed heating
& pumping system, as specified under
the said contract to the satisfaction of
Employer.
the Employer for the successful performance
of the contract for the scope related to
Steam Turbine Generator and Auxiliaries
including turbine cycle, regenerative feed
heating & pumping system, as specified under
the said contract to the satisfaction of
Employer.
63 Vol I/ ITB 9 4.1.4 (v) The subsidiary or the JV company as
the case may be, should have valid technology transfer agreement,
including license to manufacture and
supply in India, with Qualified supercritical equipment manufacturer
as described in clause 4.1.7 as the case may be ,for the type, size and
rating of the boiler/ turbine specified , valid minimum up to the end of
warranty period of the contract. The
technology transfer agreement shall necessarily cover transfer of
technological know-how in the form of complete design dossier, design
software ,drawings and
documentations, quality system manuals and imparting relevant
personnel training to the subsidiary/ JV company . Such technology
transfer agreement must have provision that the transfer of
technology to the Indian
manufacturing company shall be complete by the time eighth
660MW/800MW supercritical equipment unit is supplied by the
We understand that the eighth unit is to be
read as the last 660 MW unit to be supplied
by the bidder under this tender in line with
Proforma for Deed of Joint Undertaking
(Annexure-8) and various contemporary
central and state utility (NTPC, UPRVUNL,
etc.) tenders. Kindly Confirm.
The clause is to be read as
given in the specification.
The Indian manufacturing
company shall be complete by
the time eighth 660MW/800MW
supercritical equipment unit is
supplied by the bidder.
Bidder shall follow the
specification.
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bidder.
64 Vol I/ITB
Vol I/Sec 4.0
11
4
6.0
5.1
TIME SCHEDULE
The overall project schedule for design, engineering, supply, delivery at
site, erection, testing and commissioning, conducting PG test and
handing over to the owner for
declaration of COD of 2x660 MW Udangudi Supercritical Thermal Power
Project Stage-1 at Udangudi shall be 42 months from the date of LOI for
both the units.
We wish to highlight that a complete EPC job
for a supercritical power plant requires meticulous interface engineering &
integration of various systems during execution to produce a performing power
plant. Keeping this in view & not compromising on fronts of safety, efficiency
& environmental norms and considering
challenges in this Project, we request to modify the clause as below :
“The overall project schedule for design, engineering, supply, delivery at site,
erection, testing and commissioning
including PG test Trial Operation of 2x660 MW Udangudi Supercritical Thermal Power
Project at Udangudi shall be 42 48 months for Unit-1 and 54 Months for Unit-II from the
date of LOI for both the units.”
The above suggested Project Schedule is in line with project completion schedules
provided in NTPC tenders for 2x660 MW on
EPC basis.
Bidder to follow specification.
65 Vol I/ITB
24
16.1
Tenderers should pay an Earnest Money Deposit (EMD) of Rs.
500,00,000/- (Rupees five crores only) or US $ 800,000.The EMD specified
above should be remitted in the form
of crossed Banker’s Cheque or Demand Draft drawn in favour of
Please modify the clause as below :
Tenderers should pay an Earnest Money Deposit (EMD) of Rs. 500,00,000/- (Rupees
five crores only) or US $ 800,000.The EMD specified above should be remitted in the
form Bank Guarantee or crossed Banker’s
Bidder to follow specification.
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“TANGEDCO ………………. above EMD
remitted by the tenderer.
Cheque or Demand Draft drawn in
favour of “TANGEDCO ………………. above EMD remitted by the tenderer.
66 Vol I/ ITB 18 12.1 The bidder shall quote in their
proposal, lump sum firm price for the entire scope of work under single point
responsibility covered under this
specification as required in the Schedules enclosed with the Tender
Specification on Firm Price Basis for the entire contract period. The
price basis shall include all taxes and duties.
It is difficult for bidders to offer EPC turnkey
Contract on firm price basis considering the long gestation period associated with the
project and the fact that bid prices are
dependent on the movement of the commodity & labour prices which is in turn
varies due to number of macro-economic factors.
We, therefore, request Owner to consider the
variation in bid prices based on indices based formulae which can be discussed and
mutually agreed upon. (e.g. PVC formula adopted by NTPC (CPSU) is standard and is acceptable).
Bidder to follow the specification
67 Vol I/ ITB 19 13.3 All customs duties and Levies, Excise
duty, other Duties (including Octroi duty), Sales Tax payable for
equipment, components, sub
assemblies, raw materials and any other item used for their consumption
or dispatched directly to the purchaser from their sub supplier(s) under
contract shall be indicated in clause
“Duties, Taxes and Levies” in Schedule 6 of this specification any such taxes
duties, (including excise duty and Octroi duty) levies additionally payable
will be to the Bidder’s account and no separate claim on this behalf will be
entertained by Purchaser.
We request the Owner to
All applicable taxes, duties & levies (Excise
Duty, Sales Tax, Custom Duty, Service tax, local levies, etc.) for all transactions between
Owner & Contractor as well as for all bought
out items (direct to site dispatches from Contractor’s sub-vendors to Owner), shall be
reimbursed by Owner extra at actuals. Bidder to follow the specification
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68 Vol I/ ITB 23 14.3.1 Bidders are free to quote in foreign
currency or Indian currency or partly in foreign currency and Indian
currency. TANGEDCO will make payment for the material covered
under foreign currency at the selling price of SBI as on date of payment
provided the materials are supplied
within the stipulated period. In case of delay the payment in foreign currency
will be released as per provision in clause 14.3.2. However no ERV will be
admitted for imported portion quoted
in INR.
We request Owner to modify the clause as
below:
Bidders are free to quote in foreign currency
or Indian currency or partly in foreign
currency and Indian currency. TANGEDCO will make payment for the material covered
under foreign currency at the Bill selling price of SBI as on date of payment provided the
materials are supplied within the stipulated
period. In case of delay due to reasons attributable to the Contractor the payment in
foreign currency will be released as per provision in clause 14.3.2. However no ERV
will be admitted for imported portion quoted in INR.
TANGEDCO will make payment
for the material covered under foreign currency in the
respective quoted currency provided the materials are
supplied within the stipulated
delivery schedule. In case of delay the payment in foreign
currency will be released as per provision in clause 14.3.2.
69 Vol I/ ITB 23 14.3.2 (a) When imported supplies are made beyond the accepted delivery
schedule, the payment for imported components shall be made in foreign
currency as below:
We understand that Exchange Rate Variation beyond the accepted Delivery/ Completion
Schedule in case of imported components shall be calculated based on SBI Bill selling
exchange rate as applicable on the scheduled
date of supply at site or SBI Bill selling exchange rate as applicable on the actual
date of supply at site whichever is lesser.
Bidder to follow the specification
70 Vol I/ ITB 23 14.3.2 (b) When the foreign components of the service are completed beyond the
accepted erection completion
schedule, the payment shall be made in foreign currency as below:
We understand that Exchange Rate Variation beyond the accepted Delivery/ Completion
Schedule in case of foreign components of
the service shall be calculated based on SBI Bill selling exchange rate as applicable on the
scheduled date of supply at site or SBI Bill selling exchange rate as applicable on the
actual date of supply at site whichever is lesser.
Bidder to follow the specification
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71 Vol I/ ITB 25 18 The tenders should be valid for Two
Hundred and Forty (240) days from the date of tender opening. Offers with
lesser validity period are liable for rejection.
We request Owner to modify the clause as
below:
The tenders should be valid for Two Hundred
and Forty (240) One Hundred and Eighty
(180) days from the date of tender opening. Offers with lesser validity period are liable for
rejection.
Bidder to follow the
specification.
72 Vol I/ ITB 28 26.2 If there is discrepancy between price quoted in words and in figures, lower
of the two shall be considered.
We request Owner to modify the clause as below:
If there is discrepancy between price quoted
in words and in figures, lower of the two the
price quoted in words shall be considered.
Bidder to follow the
specification.
73 Vol I/ ITB 30 30.1.1 The lump sum EPC price offered by the bidders for the entire scope of supply,
Design, Engineering, Manufacture, erection, testing and commissioning,
including Customs Duty, Excise Duty,
Sales Tax, Works Contract Tax, Service tax, Education cess, freight and
insurance (F.O.R. Destination including all taxes and duties) shall be taken as
the total base price. TNVAT shall be
excluded from Bid evaluation. In case the bidders are from Tamil Nadu and
outside Tamil Nadu, TNVAT quoted will be excluded and CST will be included
for price evaluation purpose.
To make the tender bid condition equitable to Bidders from outside Tamilnadu State, we
request Owner to modify the clause as below:
“The lump sum EPC price offered by the bidders for the entire scope of supply,
Design, Engineering, Manufacture, erection, testing and commissioning, including
Customs Duty, Excise Duty, Sales Tax, Works Contract Tax, Service tax, Education cess,
freight and insurance (F.O.R. Destination
including all taxes and duties) shall be taken as the total base price. TNVAT shall be
excluded from Bid evaluation. In case the bidders are from Tamil Nadu and outside
Tamil Nadu, TNVAT and CST quoted will be
excluded and CST will be included for price evaluation purpose.”
Bidder to follow the
specification.
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Similar provision was made available in a 1x800MW EPC tender floated by Gujarat
State Electric Corporation Ltd (GSECL) for their wanakbori project.
74 Vol I/ ITB 31 31.3 The above Security Deposit shall be
furnished within 30 days from the date of issue of the LOI failing which the
EMD paid by the bidder would be forfeited besides cancellation of
Contract. In the event of acceptance of
Security Deposit on delay, the interest at the rate of 22% for the delayed
period shall be paid by the tenderer.
We request Owner to replace the clause as
below:
The above Security Deposit shall be furnished within 30 days from the date of
issue of the LOI, in case of delay in furnishing the mentioned Security, the
interest at prime lending rate of SBI for the delayed period shall be paid by the tenderer.
Bidder to follow the specification.
75 Vol I/GCC 14 9.3 Bidder to follow the
specification.
76 Vol I/ ITB 33 37.0 In either case, the damaged or defective materials should be replaced
by the contractor free of cost to the
purchaser. If during erection, any part is found not suitable for the particular
location, it should be replaced free of cost.
Please modify the clause as below
“In either case, the damaged or defective
materials should be repaired /replaced by the
contractor free of cost to the purchaser. If during erection, any part is found not
suitable for the particular location, it should be repaired / replaced free of cost.”
Bidder to follow the specification.
77 Vol I/ ITB 33 39.1 Defective supplies prior to
commissioning of the plant shall be replaced before commissioning of the
plant and once the plant is commissioned then the warranty /
guarantee clause will be covered.
We request Owner to modify the clause as
below:
“Defective supplies prior to commissioning of
the plant shall be repaired / replaced before commissioning of the plant and once the
plant is commissioned then the warranty / guarantee clause will be covered.”
Bidder to follow the specification.
78 Vol I/ ITB 33 40.0 FAILURE TO EXECUTE THE CONTRACT
We request Owner to modify the clause as
below:
Contractor failing to execute the order placed
Bidder to follow the
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Contractor failing to execute the order
placed on them to the satisfaction of the Purchaser under the terms and
conditions set forth therein, will be liable to make good the loss sustained
by the Purchaser, consequent to the placing of fresh orders elsewhere at
higher rate. In the event of such
failure, the difference between the price accepted in the Contract already
entered into and the price at which fresh orders have been placed at a
later date, consequent to non-
fulfillment of the Contract will be recovered from the Contractor.
on them to the satisfaction of the Purchaser
under the terms and conditions set forth therein, will be liable to make good the loss
sustained by the Purchaser, consequent to the placing of fresh orders elsewhere at
higher rate. In the event of such failure, the difference between the price accepted in the
Contract already entered into and the price
at which fresh orders have been placed at a later date, consequent to non-fulfillment of
the Contract will be recovered from the Contractor.
specification.
79 Vol I/ ITB 34 43.1 TANGEDCO will not accept any
deviation in respect of commercial terms and conditions………have been
compiled with in every respect.
Please delete this clause. Bidder to follow the
specification.
80 Vol I/ ITB 34 44.0 DUE TO THE TANGEDCO Amount due from the Tenderer to the
TANGEDCO for default in any other
purchase will be adjusted against Security Deposit or balance amount in
the event of an order placed against this Tender. The Purchaser reserves
the right: a. To recover any dues against this
Contract in any bills, Security
Deposit, EMD of the Supplier/ Contractor either in this Contract or
other Contract with the TANGEDCO.
b. To recover any dues against any
other Contract of the Supplier/
We request Owner to modify the clause as below:
Amount due from the Tenderer to the
TANGEDCO for default in any other purchase will be adjusted against Security Deposit or
balance amount in the event of an order
placed against this Tender. The Purchaser reserves the right:
a. To recover any dues against this Contract in any bills, Security Deposit, EMD of the
Supplier/ Contractor either in this Contract or other Contract with the
TANGEDCO.
Bidder to follow the
specification.
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Contractor with TANGEDCO, with
the available amount due to the Supplier/ Contractor against this
Contract.
b. To recover any dues against any other
Contract of the Supplier/ Contractor with TANGEDCO, with the available amount due
to the Supplier/ Contractor against this Contract.
81 Vol I/ ITB 34 46.0 Any interest on overdue payments is
not acceptable, under any
circumstances.
We request Owner to replace the clause as
below:
“Interest at prime lending rate of SBI on
overdue payments shall be payable by the Purchaser for delayed duration.”
Bidder to follow the specification.
82 Vol I/ ITB 35 49.0 The despatch clearance will be normally
issued by TANGEDCO within 30 days of
the receipt of inspection report/ Test Certificates.
We request Owner to modify the clause as
below:
The dispatch clearance shall be normally
issued by TENGEDCO within 30 days 15 days of the receipt of inspection report / Test
Certificate.
Bidder to follow the
specification.
83 Vol I/ ITB 37 55.2 In addition, …….… quoted. The prices of these spare parts shall be on firm
price basis and shall have extended
validity not less than 24 (twenty four) months after the issue of LOI for EPC
Package. The prices …………… quoted. The Owner reserves the right for
placement of order for O & M spares
and shall order these spares within 24 (twenty four) months from the date of
placement of Letter of Intent for EPC package. These spares should be
supplied within 12 (twelve) months from the date of order for these
spares.
We request Owner to modify the clause as below:
In addition, ……….. quoted. The prices of
these spare parts shall be on firm price basis
and shall have extended validity not less than 12 24 (twelve twenty four) months after the
issue of LOI for EPC Package. The prices …………. quoted. The Owner reserves the
right for placement of order for O & M spares and shall order these spares within 12 24
(twelve twenty four) months from the date of
placement of Letter of Intent for EPC package. These spares should be supplied as
per agreed schedule within 12 (twelve) months from the date of order for these
Bidder to follow the specification.
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spares.
84 Vol I/ GCC
5 2.3 The several documents forming the ‘Contract’ are to be taken as mutually
explanatory of one another but in case
of ambiguities or discrepancies, the same shall be explained by the
Purchaser, who shall there-upon issue to the Vendor/Contractor instructions
directing in what manner the ‘Works’ are to be carried out. Decision of the
owner shall be binding on the
contractor.
Suggest deletion of this clause.
Bidder to follow the specification.
85 Vol I/
GCC
6 2.4 In the event of any conflict between
the documents constituting the
contract documents, the documents defining the contract shall take the
following order of precedence. Contract Agreement as per proforma
vide Annexure-9 of Section. 5
Any agreed variation between the Owner/Purchaser and the Contractor
including but not limited to minutes of negotiation, amendments if
specifications and or specifications and or special terms and conditions of the
contract and corrigendum/addendum
thereto. • General terms and Conditions of
the Contract (GCC) • Erection & Commissioning
Conditions of the Contract (ECC)
• Special Conditions of the Contract (SCC)
• Technical Specifications
All materials, literature, drawings, data
We request Owner to modify the clause as
below:
In the event of any conflict between the documents constituting the contract
documents, the documents defining the
contract shall take the following order of precedence.
Contract Agreement as per proforma vide Annexure-9 of Section. 5
- LOI issued by Purchaser / Owner.
Any agreed variation between the
Owner/Purchaser and the Contractor including but not limited to minutes of
negotiation, amendments if specifications
and or specifications and or special terms and conditions of the contract and
corrigendum/addendum thereto. o Bid submitted by the Bidder
o Special Conditions of the Contract (SCC) o General terms and Conditions of the
Contract (GCC)
o Erection & Commissioning Conditions of
Bidder to follow the
specification.
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and information of any sort given by
the Contractor and approved by Owner as well as the one given by the owner
to the contractor. The Owner’s decision shall be final and binding on
the parties. Any other documents as may be required.
the Contract (ECC)
o Special Conditions of the Contract (SCC) o Technical Specifications
All materials, literature, drawings, data and
information of any sort given by the Contractor and approved by Owner as well as
the one given by the owner to the
contractor. The Owner’s decision shall be final and binding on the parties. Any other
documents as may be required.
86 Vol I/ GCC
6 3.10 "Contract Price" shall mean the lump sum price quoted by the Contractor in
his bid with additions and deletions as
may be agreed to and incorporated in the Letter of Intent for the entire
scope of the Works, which implies the all inclusive value including Customs
Duty and other Taxes &Duties,
Packing, Forwarding, Freight & Insurance charges, Interest and
Finance charges etc.,
We request Owner to modify the clause as below:
"Contract Price" shall mean the lump sum
price quoted by the Contractor in his bid with additions and deletions as may be agreed to
and incorporated in the Letter of Intent for the entire scope of the Works, which implies
the all inclusive value including Customs
Duty and other Taxes &Duties, Packing, Forwarding, Freight & Insurance charges,
Interest and Finance charges etc.,
Noted. The words” Interest and Finance charges etc.,” stands
deleted.
87 Vol I/
GCC
7 3.17 “Codes” shall unless otherwise
specified in these contract documents
mean the applicable codes or standards of the country of origin of
materials. This shall mean the following, including the latest
amendments and/ or replacements, if
any;………..
We request Owner to modify the clause as
below:
“Codes” shall unless otherwise specified in
these contract documents mean the applicable codes or standards of the country
of origin of materials. This shall mean the following, including the latest amendments
and/ or replacements as on 7 days before submission of Bid, if any;………..
Bidder to follow the
specification.
88 Vol I/ 10 3.43 ‘Latent Defect’ shall mean any defects We request Owner to replace existing Bidder to follow the
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GCC and Deficiencies or Defective work:
i) Caused by an act or omission by the Contractor that implies either
failure to pay due regard to the serious consequences that a
conscientious and responsible Contractor would normally foresee
as likely to ensure, or a willful
disregard of any consequence of any such act or omission;
ii) Would not have been disclosed by a reasonable examination prior to the
expiry of the Latent Defects period.
Temperature rise limits and losses etc. as specified at the modes of
operation, as further specified in this Contract.
definition with a new definition as below:
Latent Defects shall be the defects inherently lying within the material or arising out of
design deficiency which do not manifest
themselves during the Warranty Period.
specification.
89 Vol I/ ITB 36 54.2 The contractor shall send one copy of
the final draft contract agreement (Annexure - 9) to the Owner for his
scrutiny and approval within 90 (Ninety) days of issue of Letter of
Intent by the Owner.
These clauses are contradictory clauses, please clarify.
Bidder to follow specification. No
contradiction is seen.
Please note that the contractor shall send one copy of the final
draft contract agreement to the owner for scrutiny and approval.
On receipt of the same the
owner shall scrutinize the above agreement and suggest
corrections if any to be made.
The contractor shall carry out suggested corrections and send
one copy of the final agreement to the owner for acceptance and
execution.
90 Vol I/ GCC
14 10.1 The Owner/Purchaser after the acceptance of the ‘Letter of Intent’ by
the Vendor/Contractor will send one
copy of the final agreement to the Vendor/Contractor for his scrutiny and
approval.
91 Vol I/ 14 9.5 On any delay/failure to so extend the We request Owner to modify the clause as Bidder to follow the
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GCC BG in advance before a month of the
validity of BG, TANGEDCO shall invoke the BG & realize the proceeds.
below:
On any delay/failure to so extend the BG in
advance before a week month of the validity of BG, TANGEDCO shall invoke the BG &
realize the proceeds.
specification.
92 Vol I/ GCC
15 11.3 The laws applicable to this contract shall be laws in force in India on the
date stipulated for receipt of the proposal. In case change in laws in
India shall affect the contract price,
any change in laws in India shall be discussed between the Purchaser and
the Contractor and compensated after mutual agreement between the
Purchaser and Contractor.
We request Owner to modify the clause as below;
The laws applicable to this contract shall be
laws in force in India on the date 7 days prior to stipulated for receipt of the proposal. In
case change in laws in India shall affect the
contract price, any change in laws in India shall be discussed between the Purchaser
and the Contractor and compensated after mutual agreement between the Purchaser
and Contractor.
Bidder to follow the
specification.
93 Vol I/
GCC
16 13.1 PATENT RIGHTS AND ROYALTIES
Royalties and fees for patents covering materials, articles, apparatus, devices
equipments or processes used in the works shall be deemed to have been
included in the contract price. The
contractor shall satisfy all demands that may be made at any time for
such royalties or fees and he alone shall be liable for any damages or
claims of patent infringements and shall keep the Purchaser indemnified
in that regard. The contractor shall, at
his own cost and expense, defend all units or proceedings that may be
instituted for alleged infringement of any patents involved in the works and
We request Owner to modify the following at
the end of the clause:
Royalties and fees for patents covering materials, articles, apparatus, devices
equipments or………. the contractor shall, at his option, the right to continue use of said
apparatus, equipment, or part thereof, replaces it with non-infringing apparatus or
remove the equipment and refund the
purchase price plus transportation and installation cost thereof.
The Owner shall indemnify and hold harmless
the Contractor and its employees, officers and Subcontractors from and against any
Bidder to follow the
specification.
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in case of an award of damages, the
contractor shall pay for such award. In the event of any suit or other
proceedings instituted against the Purchaser, the same shall be defended
at the cost and expenses of the contractor who shall also
satisfy/comply any decree, order or
award made against Purchaser. But it shall be understood that no such
machine, plant work material or thing has been used by the Purchaser for
any purpose or any manner other than
that for which they have been furnished and installed by the
Contractor and specified under these specification, final payment to the
Contractor by the Purchaser will not
be made while any such suit or claim remains unsettled. In the event of any
apparatus or equipment, or any part thereof furnished by the contractor is
in such suit or proceedings held to constitute infringement and its use is
enjoined, the contractor shall, at his
option, the right to continue use of said apparatus, equipment, or part
thereof, replaces it with non-infringing apparatus or remove the equipment
and refund the purchase price plus
transportation and installation cost thereof.
and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever
nature, including attorney’s fees and expenses, which the Contractor may suffer
as a result of any infringement or alleged infringement of any patent, utility model,
registered design, trademark, copyright or
other intellectual property right registered or otherwise existing at the date of the Contract
arising out of or in connection with any design, data, drawing, specification, or other
documents or materials provided or designed
by or on behalf of the Owner.
94 Vol I/ GCC
16 14.1 The Contractor shall so organise his resources and perform his work as to
complete it not later than the date
We request Owner to modify the clause as below:
Bidder to follow the specification.
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agreed to.
The Contractor shall so organize his resources and perform his work as to complete it not
later than the date agreed to, plus any time
extension agreed between the Contractor and Purchaser.
95 Vol I/
GCC
17 14.2 The Contractor shall submit detailed
PERT network and shall discuss the network so submitted with the Owner
of the agreed network which may be in
the form as submitted or in revised form in line with the outcome of
discussions shall form part of the Contract to be signed within 4 weeks
from the date of LOI/ L2 schedule.
We request Owner to modify the clause as
below:
The Contractor shall submit detailed PERT network and shall discuss the network so
submitted with the Owner of the agreed network which may be in the form as
submitted or in revised form in line with the
outcome of discussions shall form part of the Contract to be signed within 120 days 4 weeks
from the date of LOI/ L2 schedule.
Bidder to follow the
specification.
96 Vol I/
GCC
17 16.1 All items are to be delivered to
destination with the time specified in the contract. Destination of delivery
shall be on Free on Road (FOR) Destination Udangudi Supercritical
Thermal Power Project Stage-1, Tamil Nadu.
We request Owner to modify the clause as
below:
All items are to be delivered to destination
within the time specified in the contract.
Destination of delivery shall be on Free on Road (FOR) Destination Udangudi
Supercritical Thermal Power Project Stage-1, Tamil Nadu.
Noted and agreed.
97 Vol I/
GCC
22 20.5 Any loss or damage to the equipment
during handling,
transportation…………..The Contractor
We request Owner to modify the clause as
below: Bidder to follow the
specification.
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shall also inform the Purchaser in
writing at least sixty (60) days in advance regarding the expiry/
cancellation and / or ………etc. as may be necessary will in time.
Any loss or damage to the equipment during
handling, transportation…………..The Contractor shall also inform the Purchaser in
writing at least sixty (60) twenty one (21) days in advance regarding the expiry/
cancellation and / or ………etc. as may be necessary will in time.
98 Vol I/ GCC
22 22.3 The Contractor shall give the Owner/Purchaser/Inspector fifteen
(15) days notice by telex or Fax of any material being ready for testing. Such
tests shall be to the contractor's account including the expenses of the
Inspector towards all local transport,
living and other incidental expenses including the cost of international
passage to and fro. The Owner/Purchaser/Inspector, unless the
inspection of the tests is virtually
waived, shall attend such tests within thirty (30) days from the date on
which the equipment is notified as being ready for inspection/witnessing
of test, failing which, the Contractor
may proceed with the tests which shall be deemed to have been made in the
Inspector's presence and he shall forthwith forward to the Inspector duly
certified copies of the test results in triplicate.
We request Owner to modify the clause as below:
The Contractor shall give the
Owner/Purchaser/Inspector fifteen (15) days notice by telex or Fax of any material being
ready for testing. Such tests shall be to the contractor's account including the expenses
of the Inspector towards all local transport,
living and other incidental expenses including but excluding boarding & lodging expenses
and the cost of international passage to and fro. The Owner/Purchaser/Inspector, unless
the inspection of the tests is virtually waived,
shall attend such tests within fifteen thirty (15 30) days from the date on which the
equipment is notified as being ready for inspection/witnessing of test, failing which,
the Contractor may proceed with the tests which shall be deemed to have been made in
the Inspector's presence and he shall
forthwith forward to the Inspector duly certified copies of the test results in triplicate.
Bidder to follow the specification.
99 Vol I/ GCC
24 23.1 The Contractor shall indemnify and save harm to the Purchaser against all
sections, suits, claims, demands, cost of expenses arising in connection with
We request Owner to replace the clause as
below:
The Contractor shall indemnify and save harm
Bidder to follow the
specification.
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injuries suffered, prior to the date when
the works or plant shall have been taken over, by the Purchaser by person
employed by the Contractor or his sub-contractor on the works whether under
the general law or under the workmen’s compensation Act, 1923, or any other
statute in force on the date of the
contract, dealing with question of liability of employer for injuries suffered
by employees and to have taken steps properly to insure against any claims
there under.
to the Purchaser against all sections, suits,
claims, demands, cost of expenses arising in connection with the supply and installation of
the Works and by reason of the gross negligence of the Contractor or its
Subcontractors, or their employees, officers or agents, except any injury, death or property
damage caused by the negligence of the
Purchaser, its contractors, employees, officers or agents, prior to the date when the works or
plant shall have been taken over.
100 Vol I/
GCC
25 23.4 In the event of an accident …………The
opinion of the Owner shall be final in regard to all matters arising under this
clause and will not be subject to any arbitration.
Suggest deletion of this clause. Bidder to follow the
specification.
101 Vol I/ GCC
24 23.0 LIABILITY FOR ACCIDENTS TO PERSONS
New Clause
Please add as clause 23.7
The Purchaser shall indemnify and hold
harmless the Contractor and its employees,
officers and Subcontractors from any liability for loss of life or damage to property of the
Purchaser, other than the Works not yet taken over, that is caused by fire, explosion
or any other perils, in excess of the amount
recoverable from insurances procured, provided that such fire, explosion or other
perils were not caused by any act or failure of the Contractor.
Bidder to follow the
specification.
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102 Vol I/
GCC
22 24.1 Time is the essence of the contract. If
the Contractor fails to perform the work within the time specified in the
contract or any extension thereof the Company shall recover from the
Contractor as liquidated damages a sum of half percent (0.5%) of the total
contract price for each completed
week of delay. However, the total liquidated damages shall not exceed
10% of the total contract value. This clause shall be read along with clauses
6.3 and 6.4 of Section-4 Vol-1.
We request Owner to modify the clause as
below:
Time is the essence of the contract. If the
Contractor fails to perform the work within
the time specified in the contract or any extension thereof the Company shall recover
from the Contractor as liquidated damages a sum of half percent (0.5%) of the total
contract price for each Unit for each
completed week of delay. However, the total liquidated damages shall not exceed 10%
5% of the total contract value for each Unit. This clause shall be read along with clauses
6.3 and 6.4 of Section-4 Vol-1. For purpose of this Clause total Contract Price for each
Unit shall be considered as 50% of total
Contract Price.
Bidder to follow the
specification.
103 Vol I/ SCC
5 6.4 The defaulting contractors should be made liable to pay to the TANGEDCO
in addition to liquidated damages for
delay, the actual difference in price, wherever TANGEDCO orders the
delayed quantity to be supplied/executed by other agencies at
a higher rate.
In line with standard industry practice we request Owner that the Liquidated Damages
shall be the sole liability of the Contractor in
case of delay and therefore request deletion of the clause.
Bidder to follow the specification.
104 Vol I/
SCC
5 6.2 The recommended spares for three
years O&M for each unit is to be supplied by the Supplier as stipulated
in ………….. the Owner shall recover as liquidated damages, a sum of ½%
(half percent) of the contract price of spares for each completed week of
delay subject to a maximum of 10%
We request Owner to modify the clause as
below:
The recommended spares for three years
O&M for each unit is to be supplied by the
Supplier as stipulated in ………….. the Owner shall recover as liquidated damages, a sum
of ½% (half percent) of the contract price of spares for each completed week of delay
Bidder to follow the specification.
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(ten percent) of contract price for the
spares. The contract price to be used here will be construed as the contract
price shown separately for the spares. Liquidated damages for ………. Letter
of intent.
subject to a maximum of 10% (ten percent)
5% (five percent) of contract price for the spares. The contract price to be used here
will be construed as the contract price shown separately for the spares. Liquidated
damages for ………. Letter of intent.
105 Vol I/
GCC
25 25.1 If the Contractor shall neglect to
execute the works with due diligence and expedition or shall refuse or
neglect to comply with any reasonable orders given to him in writing by the
Owner/Purchaser in connection with the works or shall contravene the
provisions of the Contract, the
Owner/Purchaser may give notice in writing to the Contractor to make good
the failure, neglect or contravention complained of. Should the Contractor
fail to comply with the notice within
thirty (30) days from the date of service thereof , then and in such case
the Owner/Purchaser shall be at liberty to execute such part of the work as
the Contractor may have neglected or
if the Owner/Purchaser shall think fit, it shall be lawful for him ,without
prejudice to any other right he may have under the Contract to take the
works wholly or in part out of the Contractor's hands and re-contract
with any other person or persons to
complete the works or any part thereof and in that event the Owner/Purchaser
shall have free use of all Contractors equipments that may have been at the
We request Owner to modify the clause as
below;
If the Contractor shall neglect to execute the
works with due diligence and expedition or
shall refuse or neglect to comply with any reasonable orders given to him in writing by
the Owner/Purchaser in connection with the works or shall contravene the provisions of
the Contract, the Owner/Purchaser may give
notice in writing to the Contractor to make good the failure, neglect or contravention
complained of. Should the Contractor fail to comply with the notice within thirty (30) days
from the date of service thereof , then and in
such case the Owner/Purchaser shall be at liberty to execute such part of the work as
the Contractor may have neglected or if the Owner/Purchaser shall think fit, it shall be
lawful for him ,without prejudice to any other right he may have under the Contract to take
the works wholly or in part out of the
Contractor's hands and re-contract with any other person or persons to complete the
works or any part thereof and in that event the Owner/Purchaser shall have free can use
of all Contractors equipments that may have
been at the time on the site in connection with the works by paying . The Owner shall
Bidder to follow the
specification.
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time on the site in connection with the
works without being responsible to the Contractor for wear and tear thereof
and to the exclusion of any right of the Contractor over the same and the
Owner/Purchaser shall be entitled to retain and apply any balance which
may otherwise be due on the
Contractor by him to the Contractor or such part there-of as may necessary,
to the payment of the cost of executing a part thereof as aforesaid
shall exceed the balance due to the
Contractor, the Contractor shall pay such excess. Such payment of excess
amount shall be independent of the liquidated damages for delay which the
Contractor shall have to pay if the
completion of works is delayed.
be without being responsible to the
Contractor for wear and tear thereof and to the exclusion of any right of the Contractor
over the same and the Owner/Purchaser shall be entitled to retain and apply any
balance which may otherwise be due on the Contractor by him to the Contractor or such
part there-of as may necessary, to the
payment of the cost of executing a part thereof as aforesaid shall exceed the balance
due to the Contractor, the Contractor shall pay such excess. Such payment of excess
amount shall be independent of the
liquidated damages for delay which the Contractor shall have to pay if the completion
of works is delayed.
106 Vol I/ GCC
26 26.0 OUTBREAK OF WAR
Please replace the reference clause with the following:
26.1“War Risks” shall mean any of the
following events occurring or existing in or near the country (or countries) where the
Site is located:
(a) war, hostilities or warlike operations (whether a state of war is declared or not),
invasion, act of foreign enemy and civil war
(b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government,
conspiracy, riot, civil commotion and terrorist
acts, and
Bidder to follow the specification.
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(c) any explosion or impact of any mine,
bomb, shell, grenade or other projectile, missile, munitions or explosive of war.
26.2 Notwithstanding anything contained in
the Contract, the Contractor shall have no liability whatsoever for or with respect to
(a) destruction of or damage to Facilities,
Plant & Equipment, or any part thereof
(b) destruction of or damage to property of the Employer or any third party
(c) injury or loss of life
if such destruction, damage, injury or loss of
life is caused by any War Risks, and the Employer shall indemnify and hold the
Contractor harmless from and against any and all claims, liabilities, actions, lawsuits,
damages, costs, charges or expenses arising
in consequence of or in connection
with the same.
26.3 If the Works or any Plant and
Equipment or Contractor’s Equipment or any
other property of the Contractor used or intended to be used for the purposes of the
works shall sustain destruction or damage by reason of any War Risks, the Employer shall
pay the Contractor for
(a) any part of the works or the Plant and Equipment so destroyed or damaged (to the
extent not already paid for by the Employer)
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(b) replacing or making good any
Contractor’s Equipment or other property of the Contractor so destroyed or damaged so
far as may be required by the Employer, and as may be necessary for
completion of the Works,
(c) replacing or making good any such
destruction or damage to the Works or the Plant and Equipment or any part thereof.
If the Employer does not require the
Contractor to replace or make good any such destruction or damage to the Facilities, the
Employer shall either request a change in
accordance with GCC Clause 81, excluding the performance of that part of the works
thereby destroyed or damaged or, where the loss, destruction or damage affects a
substantial part of the Facilities, shall
terminate the Contract.
26.4 Notwithstanding anything contained in
the Contract, the Employer shall pay the
Contractor for any increased costs or incidentals to the execution of the Contract
that are in any way attributable to, consequent on, resulting from, or in any way
connected with any War Risks, provided that
the Contractor shall as soon as practicable notify the Employer in writing of any such
increased cost.
26.5 If during the performance of the Contract any War Risks shall occur that
financially or otherwise materially affect the
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execution of the Contract by the Contractor,
the Contractor shall use its reasonable efforts to execute the Contract with due and proper
consideration given to the safety of its and its Subcontractors’ personnel engaged in the
work on the Plant/Works, provided, however, that if the execution of the work on the
Plant/Works becomes impossible or is
substantially prevented for a single period of more than sixty (60) days or an aggregate
period of more than one hundred and twenty (120) days on account of any War Risks, the
parties will attempt to develop a mutually
satisfactory solution, failing which the dispute will be resolved in accordance with Contract.
26.6 In the event of termination, the rights
and obligations of the Employer and the Contractor shall be specified in the GCC 30.0,
except that the Contractor shall have no entitlement to profit in respect of any
unexecuted Works as of the date of
termination.
107 Vol I/ GCC
26 27.1 Force Majeure is herein defined as any cause which is beyond the control of
the Contractor/ Supplier/ Seller or Owner/Purchaser as the case may be
which they could not foresee or with a
reasonable amount of diligence could not have been foreseen and which
substantially affect the performance of the "Contract" such as:
We request Owner to modify the clause as below:
Force Majeure is herein defined as any cause
which is beyond the control of the Contractor/ Supplier/ Seller or
Owner/Purchaser as the case may be which
they could not foresee or with a reasonable amount of diligence could not have been
foreseen and which substantially affect the performance of the "Contract" such as but
not limited to:
Bidder to follow the
specification.
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108 Vol I/
GCC
26 27.1 d) Transportation delay due to force
majeure (condition as mentioned in (a) & (f))
We request Owner to modify the clause as
below:
Transportation delay due to force majeure
(condition as mentioned in (a) to & (f))
Bidder to follow the
specification.
109 Vol I/
GCC
26 27.2 The Contractor or the
Owner/Purchaser shall not be liable for delays in performing his obligations
resulting from any force majeure cause as referred to and/or defined above.
We request Owner to modify the clause as
below:
The Contractor or the Owner/Purchaser shall not be liable for delays in performing his
obligations resulting from any force majeure cause as referred to and/or defined above.
Time for completion of project will be
extended accordingly.
Bidder to follow the specification.
110 Vol I/ GCC
26 27.3 If the performance in whole or part by the Vendor/Contractor or any
obligations under the Contract is prevented or delayed by "Force
Majeure" condition for the continued
or aggregated period of exceeding 120 days, the Purchaser may at his option
terminate the Contract by notice in writing.
We request Owner to modify the clause as below:
If the performance in whole or part by the
Vendor/Contractor/ Owner or any obligations under the Contract is prevented or delayed
by "Force Majeure" condition for the
continued or aggregated period of exceeding 120 days, the Purchaser and/or the
Contractor may at his their option terminate the Contract by notice in writing.
Bidder to follow the specification.
111 Vol I/
GCC
26 27.0 FORCE MAJEURE
New clause
Please add as clause no. 27.4
“Force Majeure shall not apply to any
obligation of the Owner / Purchaser to make payments to the Contractor herein.”
Bidder to follow the specification.
112 Vol I/ GCC
27 28.4 Until the work shall be deemed to be taken over as aforesaid, the Contractor
shall also be liable for and shall
We request Owner to modify the clause as below:
Bidder to follow the
specification.
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indemnify the Purchaser in respect of
all damage or injury to any person or to any property of the Purchaser or of
others occasioned by Act of the Contractor or his work men or his sub-
Contractors or by defective design, work or material but not due to cause
beyond his reasonable control.
Provided that the Contractor shall not be eligible under the contract for any
loss of profit or loss of contracts or any claims made against the Purchaser not
already provided for in the contract,
nor for any damage or injury caused by or arising from acts of the
Purchaser or of others (save as to damage by fire, as hereinafter
provided) due to the circumstances
over which the Contractor has no control nor shall his total liability for
loss, damage or injury exceed the total value of the contract.
Until the work shall be deemed to be taken
over as aforesaid, the Contractor shall also be liable for and shall indemnify the
Purchaser in respect of all damage or injury to any person or to any property of the
Purchaser or of others occasioned by Act of the Contractor or his work men or his sub-
Contractors or by defective design, work or
material but not due to cause beyond his reasonable control or the gross negligence
and willful misconduct of the Purchaser and/or Purchaser’s Engineer. Provided that
the Contractor shall not be eligible under the
contract for any loss of profit or loss of contracts or any claims made against the
Purchaser not already provided for in the contract, nor for any damage or injury
caused by or arising from acts of the
Purchaser or of others (save as to damage by fire, as hereinafter provided) due to the
circumstances over which the Contractor has no control nor shall his total liability for loss,
damage or injury exceed the total value of the contract.
113 Vol I/ GCC
27 28.5 LIABILITY FOR DAMAGE TO PLANTS OR WORKS
New Sub-clause
We request Owner to introduce new sub-clause as below:
“The Purchaser shall indemnify and hold
harmless the Contractor and its employees, officers and Subcontractors from any liability
for loss of or damage to property of the Employer, other than the Facilities not yet
taken over, that is caused by fire, explosion
or any other perils, in excess of the amount recoverable from insurances procured under
Bidder to follow the specification.
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GCC Clause 20 (Insurance), provided that
such fire, explosion or other perils were not caused by any act or failure of the
Contractor.
114 Vol I/ GCC
27 29.1 The time for completion of the work will be extended for a period equal to
duration of the suspension and no
financial compensation will be paid for the above suspension. No idle labour
payments will be made on any account.
We request Owner to replace the clause as below:
The time for completion of the work will be
extended for a period equal to duration of the suspension plus additional time required
to remobilize, and no financial compensation
will be paid for the above suspension. No idle labour payments will be made on any
account any and all additional costs or expenses incurred by the Contractor as a
result of such suspension shall be paid by the
Purchaser to the Contractor in addition to the Contract Price.
Bidder to follow the specification.
115 Vol I/
GCC
27 29.2 The Owner/Purchaser however shall
not be responsible for any liabilities if suspension or delay is due to some
default on the part of the contractor or
his sub-contractor or any agencies outside the control of the Owner.
We request Owner to modify the clause as
below:
The Owner/Purchaser however shall not be responsible for any liabilities if suspension or
delay is due to some default on the part of
the contractor or his sub-contractor or any agencies outside the control of the Owner.
Bidder to follow the
specification.
116 Vol I/
GCC
28 30.3 In the event of such termination the
Contractor shall be paid compensation, equitable and reasonable dictated by
the circumstances prevalent at the
time of termination.
We request Owner to replace the clause as
below:
“In the event of termination of the Contract under GCC Clause 30, the Purchaser shall
pay to the Contractor the following amounts:
(a) the Contract Price, properly attributable
Bidder to follow the
specification.
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to the parts of the Facilities executed by the
Contractor as of the date of termination
(b) the costs reasonably incurred by the
Contractor in the removal of the Contractor’s
Equipment from the Site and in the repatriation of the Contractor’s and its
Subcontractors’ personnel
(c) any amounts to be paid by the Contractor to its Subcontractors in connection with the
termination of any subcontracts, including any cancellation charges
(d) Costs incurred by the Contractor in
protecting the Facilities and leaving the Site
in a clean and safe condition.
(e) the cost of satisfying all other
obligations, commitments and claims that the
Contractor may in good faith have undertaken with third parties in connection
with the Contract and that are not covered by paragraphs (a) through (d) above.”
117 Vol I/ GCC
NEW CLAUSE 30.4 New clause required to be added in GCC
“Suspension & Termination by Contractor
a) If
i) The Purchaser has failed to pay the
Contractor any sum due under the Contract within the specified period,
has failed to approve any invoice or supporting documents without just
cause, or commits a substantial breach of the Contract, or
Bidder to follow the specification
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i) the Contractor is unable to carry out
any of its obligations under the Contract for any reason attributable to
the Purchaser, including but not limited to the Purchaser’s failure to provide
possession of or access to the Site or other areas or failure to obtain any
governmental permit necessary for the
execution and/or completion of the Facilities which the Purchaser is
required to obtain as per provision of the Contract or as per relevant
applicable laws of the country,
then the Contractor may give a notice to the Purchaser thereof, and if the Purchaser has
failed to pay the outstanding sum, to approve the invoice or supporting
documents, to give its reasons for
withholding such approval, or to remedy the breach within twenty-eight (28) days of such
notice, or if the Contractor is still unable to carry out any of its obligations under the
Contract for any reason attributable to the Purchaser within twenty-eight (28) days of
the said notice, the Contractor may by a
further notice to the Purchaser forthwith terminate the Contract.
The Contractor may terminate the Contract
forthwith by giving a notice to the Purchaser to that effect, if the Purchaser becomes
bankrupt or insolvent, has a receiving order issued against it, compounds with its
creditors, or, being a corporation, if a
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resolution is passed or order is made for its
winding up (other than a voluntary liquidation for the purposes of amalgamation
or reconstruction), a receiver is appointed over any part of its undertaking or assets, or
if the Purchaser takes or suffers any other analogous action in consequence of debt.
If the Contract is terminated under above
mentioned clauses, the Purchaser shall pay
to the Contractor all payments specified in GCC Clause 30.3, and reasonable
compensation for all loss or damage sustained by the Contractor arising out of, in
connection with or in consequence of such termination.”
118 Vol I/ GCC
27 32.4 SETTLEMENT OF DISPUTES
New Sub-clause
We request Owner to introduce new sub-clause as below:
If the Contractor is dissatisfied with the Chief
Engineer’s decision, or if the Chief Engineer fails to give a decision within Fifteen (15)
days of a dispute being referred to it, then the Contractor may give a notice to the
Owner, with a copy for information to the
Chief Engineer, of its intention to commence arbitration, as hereinafter provided, as to the
matter in dispute. The Contractor shall give a notice of 7 days that he desires to proceed
with Arbitration.
Rules of procedure for arbitration proceedings:
a) In case of a foreign contractor the
arbitration proceeding shall be conducted in
Bidder to follow the specification
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accordance with the United Nations
Commission on International Trade Law (UNCITRAL) Arbitration Rules of 1976.
b) In case of an Indian Contractor, the
arbitration proceedings shall be conducted in accordance with Indian Arbitration and
Conciliation Act 1996.
c) In case of a foreign collaborator/associate of the contractor, the arbitration proceedings
shall be conducted in accordance with the United Nations Commission of International
Trade Law (UNCITRAL) Arbitration Rules of
1976.
The Arbitral Tribunal shall consist of three members and shall be appointed in
accordance with the said Act. The language to be used in arbitral proceedings shall be
English. The place of arbitration shall be
Chennai, India.
The award made in such arbitration shall be
final and binding and shall be enforceable in
any court of competent jurisdiction.”
119 Vol I/ GCC
29 34.0 WARRANTY We understand that by wherever Owner has mentioned Defect Liability Period it is same
as Warranty.
Bidder to follow as per
specification.
120 Vol I/
GCC
29 34.1 The Contractor shall warrant that the
equipments will be new and in accordance with the Contract
Documents and free from defects in material and workmanship for a period
of twenty four (24) calendar months
We request Owner to modify the clause as
below:
The Contractor shall warrant that the
equipments will be new and in accordance
with the Contract Documents and free from
Bidder to follow the
specification.
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commencing immediately upon the
satisfactory completion of the Performance Guarantee Tests of the
Power Plant. The Contractor’s liability shall be limited to the replacement of
any defective parts in the equipment/ system under normal use and arising
solely from faulty design, materials
and/or workmanship provided always that such defective parts are repairable
at the site and are not in meantime essential in the commercial use of the
plant. Such replaced defective parts
shall be returned to the Contractor unless otherwise arranged. No repairs
or replacement shall normally be carried out by the Engineer when the
plant is under the supervision of the
Contractor’s supervisory engineers.
defects in material and workmanship for a
period of twenty four (24) twelve (12) calendar months commencing immediately
upon the satisfactory completion of the Performance Guarantee Tests of the Power
Plant. The Contractor’s liability shall be limited to the replacement of any defective
parts in the equipment/ system under normal
use and arising solely from faulty design, materials and/or workmanship provided
always that such defective parts are repairable at the site and are not in
meantime essential in the commercial use of
the plant. Such replaced defective parts shall be returned to the Contractor unless
otherwise arranged. No repairs or replacement shall normally be carried out by
the Engineer when the plant is under the
supervision of the Contractor’s supervisory engineers. The Contractor shall not be
responsible for the repair, replacement or making good of any defect or of any damage
to the parts arising out of or resulting from any of the following causes:
(a) improper operation or maintenance of the
Facilities by the Owner
(b) operation of the Facilities outside specifications provided in the Contract
(c) normal wear and tear.
121 Vol I/
GCC
29 34.3 If it becomes necessary for the
Contractor to replace or renew/ rectify
any defective portions of the plant/ defective work executed under this
We request Owner to modify the clause as
below:
If it becomes necessary for the Contractor to
Bidder to follow the
specification.
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clause, the provisions of this clause
shall apply to the portions of the plant so replaced or renewed/ rectified until
the expiration of twenty four (24) months from the date of such
replacement or renewal/ rectification. If any defects are not rectified within a
reasonable time, the Engineer may
proceed to do the work at the Contractor’s risk and cost, but without
prejudice to any other rights which the Purchaser may have against the
Contractor in respect of such defects.
replace or renew/ rectify any defective
portions of the plant/ defective work executed under this clause, the provisions of
this clause shall apply to the portions of the plant so replaced or renewed/ rectified until
the expiration of twelve (12) twenty four (24) months from the date of such replacement or
renewal/ rectification. If any defects are not
rectified within a reasonable time, the Engineer may proceed to do the work at the
Contractor’s risk and cost, but without prejudice to any other rights which the
Purchaser may have against the Contractor
in respect of such defects. However, such period shall not exceed 24 months from the
date of commencement of original warranty period of the equipment.
122 Vol I/
GCC
31 40.3 It shall be accepted as an inseparable
part of the Contract with any matters
regarding material, workmanship, removal of improper work,
interpretation of the Contract drawings and Contract Specifications, the
decision of the Owner which would be
given in writing shall prevail.
We request Owner to modify the clause as
below:
It shall be accepted as an inseparable part of
the Contract with any matters regarding material, workmanship, removal of improper
work, interpretation of the Contract drawings and Contract Specifications, the decision of
the Owner which would be given in writing shall prevail subject to Arbitration as per
Clause 32.4.
Bidder to follow the
specification.
123 Vol I/
GCC
29 41.3 The Contractor shall arrange, at his
own cost, for training abroad as below:
a. buying round trip air ticket between
India and the place of training b. arranging lodging and boarding
We request Owner to modify the clause as
below:
The Contractor Owner shall arrange, at his own cost, for training abroad as below:
a. buying round trip air ticket between India
Bidder to follow the
specification.
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including local transportation for
the Owner's personnel from their arrival abroad to the date of their
departure.
The Contractor shall arrange, at his own cost, for training within India as
below
Local transport, Boarding and Lodging for the period of training.
and the place of training
b. arranging lodging and boarding including local transportation for the Owner's
personnel from their arrival abroad to the date of their departure.
The Contractor shall arrange, at his own
cost, for training within India as below
Local transport, Boarding and Lodging for the period of training.
124 Vol I/
GCC
30 38.1 Notwithstanding contrary contained in
this clause, both legal and equitable title to all the materials, equipment
and apparatus covered by the contract
shall be passed to the Purchaser at manufacturer’s works.
We request Owner to modify the clause as
below:
Notwithstanding contrary contained in this clause, both legal and equitable title to all
the materials, equipment and apparatus
covered by the contract shall be passed to the Purchaser at manufacturer’s works for
domestic goods procured on C-form basis and goods procured internally from Tamil
Nadu, title will be transferred on receipt at site. For Offshore goods the Title shall be
transferred on execution of high sea sales
agreement.
Bidder to follow the
specification.
125 Vol I/ GCC
35 43.0 GUARANTEE As clause 34.0 of GCC covers Warranty obligations, we therefore request Owner to
delete clause on Guarantee.
Bidder to follow the
specification.
126 Vol I/
GCC
37 46.0 LIMITATIONS OF LIABILITIES
46.1 Under the contract, the contractor shall be responsible
for any loss or damage to the
Please replace clause 46.0 with,
“Except in cases of criminal negligence or willful misconduct,
Bidder to follow the specification.
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plant until the plant is taken
over by the Owner in accordance with the contract. The contractor
shall be responsible for making good the damage or loss by way
of repairs and or replacement of the portion of the works
damaged or lost. The transfer of
title shall not in any way relieve the contractor of the above
responsibilities. 46.2 Except in respect of latent
defects, liability, the long terms
availability of spares and other specific liabilities identified in the
Contract, the Contractor shall be released from his liabilities under
the Contract at the end of the
warranty period. The Contractor shall be released from his
liability in respect of latent defects on expiry of Twenty four
(24) months after successful completion of performance test
of the respective unit/ plant.
46.3 Provided that the Contractor shall not be eligible under the
contract for any loss of profit or loss of contracts or any claims
made against the Purchaser not
already provided for in the contract, nor for any damage or
injury caused by or arising from acts of the Purchaser or of
others (save as to damage by fire, as hereinafter provided) due
a) the Contractor shall not be liable to
the Owner, whether in contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of production, or loss of
profits or interest costs, provided that this exclusion shall not apply to
any obligation of the Contractor to
pay liquidated damages to the Owner and
b) the aggregate liability of the Contractor to the Owner, whether
under the Contract, in tort or
otherwise, shall not exceed the total Contract Price, provided that this
limitation shall not apply to any obligation of the Contractor to
indemnify the Employer with respect
to patent infringement.”
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to the circumstances over which
the Contractor has no control nor shall his total liability for
loss, damage or injury exceed the total value of the contract.
127 Vol I/
GCC
37 46.2 Except in reFspect of latent defects,
liability, the long terms availability of spares and other specific liabilities
identified in the Contract, the Contractor shall be released from his
liabilities under the Contract at the end
of the warranty period.
We request Owner to modify the clause as
below:
Except in respect of latent defects, liability,
the long terms availability of spares and
other specific liabilities identified in the Contract, the Contractor shall be released
from his liabilities under the Contract at the end of the warranty period.
Bidder to follow the
specification.
128 Vol I/
GCC
37 47.1 The Contractor shall submit to the
Engineer, a complete list of foreign
field personnel (including necessary data as may be required by Engineer),
required for the performance of the works in India. He shall also intimate
the programme of their visit to India
and departure from India during the pendency of the Contract well in
advance so as to enable the contractor to obtain all necessary documentation
for their visit. The Engineer will have
the right to review the list of such personnel and ask for increase in the
strength or reschedule the visits of such personnel if in the opinion of the
Engineer, the list of personnel mentioned is not sufficient for effective
performance of the Contract.
We request Owner to replace the clause as below:
“The Contractor shall submit to the
Engineer, a complete list of foreign field personnel (including necessary data as may
be required by Engineer), required for the
performance of the works in India. He shall also intimate the programme of their visit to
India and departure from India during the pendency of the Contract well in advance so
as to enable the contractor to obtain all
necessary documentation for their visit. The Engineer will have the right to review the list
of such personnel and ask for increase in the strength or reschedule the visits of such
personnel if in the opinion of the Engineer,
the list of personnel mentioned is not sufficient for effective performance of the
Bidder to follow the
specification.
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Contract.”
129 Vol I/
GCC
37 50.1 To eliminate delays and avoid disputes
and litigation, all matters and
questions shall be referred to the Engineer and his decision shall be
final.
We request Owner to replace the clause as
below:
“To eliminate delays and avoid disputes and litigation, all matters and questions shall be
first referred to the Engineer. and his
decision shall be final”
Bidder to follow the
specification.
130 Vol I/ GCC
37 51.7 Subject to the rights under the Contract, the decision of the
Owner/Purchaser shall be final in the event of any disagreement between
the Contractors which cannot be
resolved mutually.
Please delete this clause. Bidder to follow the specification.
131 Vol I/ GCC
40 53.10 It shall be the responsibility of the contractor to maintain adequate items
in sufficient number, as erection &
commissioning spares to ensure that erection commissioning works and
operation up to the end of guarantee period do not hamper for want of
spares. These spares shall be the property of the contractor. Contractor
will be allowed to take back all the left
over unused erection & commissioning spares after the guarantee period is
over.
Please modify the clause as below
“It shall be the responsibility of the contractor to maintain adequate items in
sufficient number, as erection & commissioning spares to ensure that erection
& commissioning works and operation up to
the end of guarantee Trial Operation period do not hamper for want of spares. These
spares shall be the property of the contractor. Contractor will be allowed to take
back all the left over unused erection &
commissioning spares after the guarantee period is over completion of Trial Operation.”
Bidder to follow the specification.
132 Vol I/
GCC
40 53.11.1 The contractor shall ensure the long -
term availability of spares to the Owner for the full life of the equipment
covered under the contract. The
Contractor shall also ensure that
Contradictory / Duplicate clauses.
Please delete clause no. 53.12.
The Contractor shall guarantee
that before “going out of production” of spare parts of the
equipment covered under the
Contract, he shall give the
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before going out of production of
spare part of the equipment covered under the contract, he shall give the
Owner at least 12 (twelve) months advance notice so that the latter may
order his bulk requirement of spares, if he so desires.
Purchaser atleast thirty six (36)
months advance notice so that the latter may order his bulk
requirement of spares, if he so desires.
133 Vol I/ GCC
40 53.12 The Contractor shall guarantee the long term availability of spares to the
Purchaser for the full life of the equipment covered under the
Contract. The Contractor shall guarantee that before “going out of
production” of spare parts of the
equipment covered under the Contract, he shall give the Purchaser
atleast thirty six (36) months advance notice so that the latter may order his
bulk requirement of spares, if he so
desires.
The Contractor shall guarantee
that before “going out of
production” of spare parts of the equipment covered under the
Contract, he shall give the Purchaser atleast thirty six (36)
months advance notice so that
the latter may order his bulk requirement of spares, if he so
desires.
134 Vol I/ GCC
40 53.11.2 Further, in case of discontinuance of supply of the spares by the contractor
or his sub-contractors, the contractor shall provide the owner with full
information for replacement of such
spares with other equivalent make, if so required by the owner. Duplicate clauses. Needs to be corrected.
Bidder to follow the
specification.
135 Vol I/
GCC
40 53.13 Further in case of discontinuance of
supply of spares by the Contractor or his Sub-Contractors, the Contractor
shall provide the Purchaser with full
information for replacement of such spares with other equivalent makes, if
Bidder to follow the specification.
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so required by the Purchaser.
136 Vol I/
GCC
41 54.2 In the event of any breach of this
provision, the Vendor/Contractor shall
indemnify the Owner/Purchaser from any loss, cost or damage or any other
claim whatsoever from any parties claiming from or through them in
respect of such breach.
Please replace with
“54.2 The Purchaser shall keep confidential
and shall not, without the written consent of the Contractor, divulge to any third party any
documents, data or other information
furnished directly or indirectly in connection with the contract, whether such information
has been furnished prior to, during or following termination of the contract.
The Purchaser shall not use such documents,
data and other information received from the Contractor for any purpose other than the
operation and maintenance of the Facilities. “
Bidder to follow the specification
137 Vol I/
GCC
41 54.0 Add new clause. Add new clause as 54.3
“In the event of any breach of above
mentioned provision, the Either Party shall indemnify the Other Party from any loss, cost
or damage or any other claim whatsoever from any parties claiming from or through
them in respect of such breach.”
Bidder to follow the
specification.
138 Vol I/
GCC
41 56.0 MEMBER OF OWNER’S STAFF ETC.
NOT PERSONALLY LIABLE
56.1 Neither any member of the owner’s staff nor the Owner nor any of
his staff, nor the Engineer’s representative shall in any way be
personally liable for the acts or
obligations under the contract or answerable for any or omission on the
Please delete. Since, liability of the owner or
his person would be as per law.
Bidder to follow the
specification.
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part of the owner in the observance or
performance of any of the acts, matters or things which are concerning
the contract.
139 Vol I/ GCC
43 65.1 The Codes, and/or standards referred to in the ‘Specification’ shall govern, in
all the cases wherever such references
are made. In case of a conflict between such codes and/or standards
and the specifications, the latter shall govern. Such codes and/or standards
referred to shall mean the latest revisions, amendments/changes
adopted and published by the relevant
agencies. In case of any further conflict in the matter, the same shall
be referred to the Engineer whose decision shall be final and binding.
We request Owner to modify the clause as below:
The Codes, and/or standards referred to in
the ‘Specification’ shall govern, in all the cases wherever such references are made. In
case of a conflict between such codes and/or
standards and the specifications, the latter shall govern. Such codes and/or standards
referred to shall mean the latest revisions, amendments/changes adopted and published
by the relevant agencies, as on date 7 days
prior to submission of Bid. In case of any further conflict in the matter, the same shall
be referred to the Engineer whose decision shall be final and binding subject to
Settlement of Disputes as per Clause 32.
Bidder to follow the specification.
140 Vol I/
GCC
45 74.0 TAKING OVER
New clause.
Please add as 74.2
If Performance Guarantee Tests (PG tests)
are delayed beyond 30 days for reasons beyond the control of the Contractor, the
Owner shall issue a taking over certificate as a proof of final acceptance of equipment,
upon completion of Trial Operation.
Bidder to follow the
specification.
141 Vol I/
GCC
46 78.0 CONTRACT DOCUMENT AND
MATTERS TO BE TREATED AS CONFIDENTIAL
All documents, correspondence,
We request Owner to replace the clause as
below:
The Owner and the Contractor shall keep
confidential and shall not, without the written
Bidder to follow the specification.
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decisions and orders concerning the
contract shall be considered as confidential and/or restricted in nature
by Contractor and be shall not divulge or allow access to them by any
unauthorized persons.
consent of the other party hereto, divulge to
any third party any documents, data or other information furnished directly or indirectly by
the other party hereto in connection with the Contract, whether such information has been
furnished prior to, during or following termination of the Contract. Notwithstanding
the above, the Contractor may furnish to its
Subcontractor(s) such documents, data and other information it receives from the Owner
to the extent required for the Subcontractor(s) to perform its work under
the Contract, in which event the Contractor
shall obtain from such Subcontractor(s) an undertaking of confidentiality similar to that
imposed on the Contractor under this GCC Clause 78.
The Owner shall not use such documents,
data and other information received from the Contractor for any purpose other than the
operation and maintenance of the Facilities.
Similarly, the Contractor shall not use such documents, data and other information
received from the Owner for any purpose other than the design, procurement of Plant
and Equipment, construction or such other
work and services as are required for the performance of the Contract.
The obligation of a party under this GCC
Clause,
however, shall not apply to that information which
(a) now or hereafter enters the public
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domain through no fault of that party
(b) can be proven to have been possessed by that party at the time of disclosure and
which was not previously obtained,
directly or indirectly, from the other party hereto
(c) otherwise lawfully becomes available to
that party from a third party that has no obligation of confidentiality.
(d) is required to be disclosed in accordance
with a judicial or governmental order or decree.
The above provisions of this GCC Clause shall
not in any way modify any undertaking of confidentiality given by either of the parties
hereto prior to the date of the Contract in
respect of the Facilities or any part thereof.
The provisions of this GCC Clause shall survive termination, for whatever reason, of
the Contract.
142 Vol I/ GCC
46 79.1 & 79.2
If any enactment or issuance of any new laws, rules, permits & regulations
occur, and/ or any change modification
of existing laws, rules, permits & regulations occur in India, during the
tenure of the Contract, including extended period, if any, pertaining to
taxes & duties change in cost incurred
by the Contract shall be added or deducted from the Contract price, as
the case may be as explained in the
We request Owner to replace the clauses as below:
If any rates of Tax are increased or
decreased, a new Tax (including GST) is
introduced, an existing Tax is abolished, or any change in interpretation or application of
any Tax occurs in the course of the performance of Contract, which was or will
be assessed on the Contractor in connection with performance of the Contract, an
Bidder to follow the specification.
TANGEDCO shall not pay any
variation of Taxes and duties in respect of bought out items
under any circumstances.
Regarding implementation of GST if notified by GOI, the same
will be treated as per change in
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payment terms clause found elsewhere
in this specification.
In case of Bought out items, the price
should be inclusive of all taxes and
duties and it is to be noted that no statutory variation will be paid on
bought out items by the purchaser.
equitable adjustment of the Contract Price
shall be made to fully take into account any such change by addition to the Contract Price
or deduction there from, as the case may be. However, these adjustments would be
restricted to items in respect of direct transactions between the Employer and the
Contractor/Assignee of Foreign Contractor (if
applicable) and Bought out items (despatched directly from sub-vendor's works
to site).
law.
143 Vol I/ GCC
47 81.1.1 The purchaser shall have the right to propose, and subsequently require
that the project manager order the
Contractor from time to time during performance of the contract. . .
Please add definition of “Project Manager” in clause 3.0, Volume-I, Section 2.0 (GCC).
Bidder to refer Clause 3.32 of Vol-I, Section-2, GCC
144 Vol I/
GCC
48 81.3 If the contractor proposes a change
pursuant to GCC sub clause 81.1.1, the
contractor shall submit to the project manager a written “Application for
Change Proposal”,
Bidder to refer Clause 3.32 of
Vol-I, Section-2, GCC
145 Vol I/ GCC
48 81.2.5 If the parties cannot reach agreement within sixty (60) days from the date of
issue of the pending agreement
change order, then the matter may be referred to the adjudicator.
Please define roles and responsibilities of “Adjudicator”.
Adjudicator appointed by
TANGEDCO has a recommending role with respect
to this clause.
146 Vol I/
GCC
48 81.5 INITIATION Suggest deletion of clause 81.5, as same is
duplication / contradictory to above mentioned clauses 81.1 to 81.3
The clauses are self explanatory.
Bidder to follow the specification.
147 Vol I/
GCC
49 81.9 DELETION FROM WORK
The Purchaser may delete from the
Please add at the end of paragraph.
Any deletion of work from Contractor’s scope
Bidder to follow the
specification.
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work any item by Change order. Any
deletion of an item shall not invalidate any Contract provision or other
requirement and Contractor will complete the work not so deleted
under this Contract. Such deletions from the work may include Purchaser
procurement of plant, materials and
equipment which Contractor is otherwise obligated to Purchase there
under.
shall be limited to 15% of total contract
price.
148 Vol I/ GCC
49 81.10 CHANGES IN APPLICABLE LAWS:
In the event any change in applicable Laws, applicable Permits or the
technical requirement of this Contract
entitles Contractor to a Change Order pursuant to this Section. Contractor’s
obligation to perform the work in compliance with such applicable Laws,
Applicable Permits or the technical
requirements of this Contract shall be subject to Purchaser’s execution of
such Change Order.
We request Owner to replace the existing clause with the clause as below:
If, after the date seven (7) days prior to the
date of Bid submission, in the country where
the Site is located, any law, regulation, ordinance, order or by-law having the force
of law is enacted, promulgated, abrogated or changed (which shall be deemed to include
any change in interpretation or application by
the competent authorities) that subsequently affects the costs and expenses of the
Contractor and/or the Time for Completion, the Contract Price shall be correspondingly
increased or decreased, and/or the Time for Completion shall be reasonably adjusted to
the extent that the Contractor has thereby
been affected in the performance of any of its obligations under the Contract.
Bidder to follow the specification
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149 Vol I/
GCC
50 82.4 The Contractor shall execute, complete
and maintain the works including statutory requirements strictly in
accordance with the Contract to the satisfaction of the Engineer/ Owner
and shall comply with and adhere strictly to the Engineer's instructions
and directions on any matter (whether
mentioned in the Contract or not) connected with or concerning the
works. The Contractor shall take instructions and directions only from
the Purchaser/ Engineer/ their
representative.
Duplicate clauses, Please delete either of one.
Noted. The clause 82.4 section 2 vol 1 stands deleted.
150 Vol I/
GCC
50 83.1
The clause 83.1 section 2 vol 1 is retained.
151 Vol I/ GCC
50 82.5 The detailed programme should show the order of procedure and method in
which he proposes to carry out the works. The Contractor shall whenever
required by the Engineer or Engineer's
representative, furnish for his information particulars in writing of the
Contractor's agreement for the carrying out of the works and of the
construction and Temporary works
which the Contractor intends to supply, use or construct as the case
may be, the submission to and approval by the Engineer or Engineer's
representative of such programme or the furnishing of such particulars shall
not relieve the Contractor of any of his
duties or responsibilities under the Contract, particularly for the quality
and timely completion of the works.
Duplicate clauses, Please delete either of one
The clause 82.5 section 2 vol 1
stands deleted.
152 Vol I/
GCC
50 83.2
The clause 83.2 section 2 vol 1
is retained.
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153 Vol I/
GCC
50 84.0 New Clause
Unforeseen Condition
We request Owner to introduce new clause:
If, during the execution of the Contract, the Contractor shall encounter on the Site any
physical conditions (other than climatic
conditions) or artificial obstructions that could not have been reasonably foreseen
prior the basis of reasonable examination of the data relating to the Works (including any
data as to boring tests) provided by the
Employer, and on the basis of information that it could have obtained from a visual
inspection of the Site (if access thereto was available) or other data readily available to it
relating to the Works, and if the Contractor determines that it will in consequence of
such conditions or obstructions incur
additional cost and expense or require additional time to perform its obligations
under the Contract that would not have been required if such physical conditions or
artificial obstructions had not been
encountered, the Contractor shall promptly, and before performing additional work or
using additional Plant and Equipment or Contractor’s Equipment, notify the Project
Manager in writing of
(a) the physical conditions or artificial obstructions on the Site that could not have
been reasonably foreseen
(b) the additional work and/or Plant and
Equipment and/or Contractor’s Equipment required, including the steps which the
Contractor will or proposes to take to
Not acceptable.
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overcome such conditions or obstructions
(c) the extent of the anticipated delay
(d) the additional cost and expense that the Contractor is likely to incur.
- On receiving any notice from the Contractor
under this GCC Sub-Clause, the Employer and the Contractor shall decide upon the
actions to be taken to overcome the physical
conditions or artificial obstructions encountered. Following such consultations,
the Employer shall instruct the Contractor of the actions to be taken.
Any reasonable additional cost and expense incurred by the Contractor shall be paid by
the Owner to the Contractor as an addition to the Contract Price.
If the Contractor is delayed or impeded in the performance of the Contract because of
any such physical conditions or artificial obstructions as referred, the Guaranteed
Contract Period shall be extended accordingly.
154 Vol I/
GCC
85.0 New Clause
Extension of Time
We request Owner to introduce new clause:
85.1 The Time(s) for Completion shall be
extended if the Contractor is delayed or
impeded in the performance of any of its obligations under the Contract by reason of
any of the following:
(a) any Change in the Works as provided in
Not acceptable.
Bidder to follow the specification.
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GCC Clause 81
(b) any occurrence of Force Majeure as provided in GCC Clause 27 (Force Majeure),
unforeseen conditions as provided in GCC
Clause 84 (Unforeseen Conditions), or other occurrence of any of the matters as specified
or referred to in GCC
(c) any suspension order given by the Employer under GCC Clause 29 hereof.
(d) any changes in laws and regulations as
provided in the Contract or
(e) any default or breach of the Contract by the Employer, specifically including failure to
supply the items listed under Clause 32.0 of ECC, or any activity, act or omission of any
other contractors employed by the Employer
or
(f) any other matter specifically mentioned in the Contract; by such period as shall be fair
and reasonable in all the circumstances and as shall fairly reflect the delay or impediment
sustained by the Contractor.
85.2 Except where otherwise specifically provided in the Contract, the Contractor shall
submit to the Project Manager a notice of a
claim for an extension of the Time for Completion, together with particulars of the
event or circumstance justifying such extension as soon as reasonably practicable
after the commencement of such event or
circumstance. As soon as reasonably
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practicable after receipt of such notice and
supporting particulars of the claim, the Employer and the Contractor shall agree
upon the period of such extension alongwith suitable cost compensation, if applicable. In
the event that the Contractor does not accept the Employer’s estimate of a fair and
reasonable time extension, the Contractor
shall be entitled to refer the matter for Settlement of Disputes pursuant to GCC
Clause 32.0.
40.3 The Contractor shall at all times use its reasonable efforts to minimize any delay in
the performance of its obligations under the Contract.
155 Vol I/
ECC
5 4.1 Necessary access to the site shall be made by the contractor after handing
over of the site to the contractor by the owner within one week from the
date of receipt of LOI.
We request Owner to modify the clause as below:
Necessary access to the site shall be made
by the contractor after handing over of the encumbrance free site to the contractor by
the owner within one week from the date of receipt of LOI.
The site is already under the possession of TANGEDCO.
156 Vol I/
ECC
5 6.1 If the works of the Contractor is so delayed because of any acts or
omission of another contractor, the Contractor shall have no claim against
the Owner on that account other than an extension of time for completing his
works.
We request Owner to modify the clause as below:
If the works of the Contractor is so delayed
because of any acts or omission of another contractor, the Contractor shall have no
claim against the Owner on that account other than an extension of time for
completing his works and cost
compensation for the same.
Bidder to follow the specification
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157 Vol I/
ECC
7 10.1 Should any such damage to the
Contractor’s works occur because of other party not under his supervision
or control, the Contractor shall make his claim directly with the party
concerned. If disagreement or conflict or dispute develops between the
Contractor and the other party or
parties concerned regarding the responsibility for damage to the
Contractor’s Works, the same shall be resolved as per the provision of the
clause: `Co-operation with other
Contractors’.
The Contractor shall not cause any
delay in the repair of such damaged
works because of any delay in the resolution of such disputes. The
Contractor shall proceed to repair the work immediately and no cause
thereof will be assigned pending
resolution of such dispute.
We request Owner to replace the clause as below:
Should any such damage to the Contractor’s
works occur because of other party under supervision or control of Owner, the
Contractor will submit his claim to Owner.
Bidder to follow the specification
158 Vol I/
ECC
13 23.2 The Owner shall have a lien on such goods throughout the period of
contract for any sum or sums which may at any time be due or owing to
him by the Contractor, under, in
respect of or by reasons of the contract. After giving a 15 (fifteen)
days notice in writing of his intention to do so, the Owner shall be at liberty
to sell and dispose of any such goods,
in such manner as he shall think fit including public auction or private
Please delete. Bidder to follow the specification
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treaty and to apply the proceeds in or
towards the satisfaction of such sum or sums due as aforesaid.
159 Vol I/
ECC
14 23.3 After the completion of the works, the
Contractor shall remove under the direction of the Engineer, the materials
such as construction/ erection tools
and tackles, erection equipment, scaffolding, etc. from the site after
written permission of the Engineer. If the Contractor fails to remove such
materials, within fifteen (15) days of a notice by the Engineer to do so, then
the engineer shall have the liberty to
dispose of such materials as detailed in above clause and credit the proceeds
thereof to the account of the Contractor.
We request Owner to modify the clause as
below:
After the completion of the works, the Contractor shall remove under the direction
of the Engineer, the materials such as construction/ erection tools and tackles,
erection equipment, scaffolding, etc. from
the site after written permission of the Engineer. If the Contractor fails to remove
such materials, within fifteen forty five (15 45) days of a notice by the Engineer to do
so, then the engineer shall have the liberty to
dispose of such materials as detailed in above clause and credit the proceeds thereof
to the account of the Contractor.
Bidder to follow the specification
160 Vol I/
ECC
17 31.1 CODE REQUIREMENTS
The erection requirements and
procedures to be followed during the installation of the equipment shall be
in accordance with the relevant Indian Regulations, ICE, IECC, BSS, ASME
codes and accepted good engineering
practice, the Engineer’s drawings and other applicable Indian recognized
codes and the laws and regulations of the Government of India.
We request Owner to insert new clause as follows:
Wherever references are made in the
Contract to codes and standards in
accordance with which the Contract shall be executed, the edition or the revised version
of such codes and standards current at the date seven (7) days prior to date of bid
submission shall apply unless otherwise specified. During Contract execution, any
changes in such codes and standards shall be
applied after approval by the Employer and shall be treated in accordance with GCC
Clause 81.
Bidder to follow the specification
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161 Vol I/
ECC
17 32.0 New Clause
Purchaser’s Obligations
We request Owner to insert new clause as
follows:
32.8 The Owner shall ensure the accuracy of
all information and/or data to be supplied by
the Owner as described in the Contract, except when otherwise expressly stated in
the Contract.
32.9 The Owner shall be responsible for acquiring and providing legal and physical
possession of the Site and access thereto, and for providing possession of and access to
all other areas reasonably required for the
proper execution of the Contract, including all requisite rights of way. The Owner shall
give full possession of and accord all rights of access thereto.
32.10 The Owner shall acquire and pay for all
permits, approvals and/or licenses from all
government authorities in the country where the Site is located which such authorities
require the Employer to obtain them in the Employer’s name, are necessary for the
execution of the Contract (they include those required for the performance by both the
Contractor and the Employer of their
respective obligations under the Contract)
32.11 If requested by the Contractor, the Owner shall use its best endeavors to assist
the Contractor in obtaining in a timely and expeditious manner all permits, approvals
and/or licenses necessary for the execution of the Contract from all government
authorities that such authorities require the
Bidder to follow the
specification.
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Contractor or Subcontractors or the
personnel of the Contractor or Subcontractors, as the case may be, to
obtain.
32.12 Owner shall provide sufficient, properly qualified operating and maintenance
personnel; shall supply and make available all raw materials, fuel, Light Diesel Oil/ High
Speed Diesel, utilities, lubricants, chemicals,
catalysts, other materials and Works including construction power, power
evacuation system, frequency stability within which Plant is allowed to operate and shall
perform all work and services of whatsoever nature, to enable the Contractor to properly
carry out Commissioning and Guarantee
Tests, all in accordance with the provisions of the Contract Agreement at or before the time
specified in the Contract Schedule furnished by the Contractor.
32.13 The Owner shall be responsible for the
continued operation of the Works after
completion, and shall be responsible for facilitating the Guarantee Test(s) for the
Works.
32.14 All costs and expenses involved in the performance of the obligations under this
GCC Clause shall be the responsibility of the Owner, save those to be incurred by the
Contractor with respect to the performance
of Guarantee Tests.
162 Vol I/ 18 33.1 No cost shall be paid for the sheds handed over to the owner after closing
We request Owner to modify the clause as Bidder to follow the specification
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ECC of the office / storage yard. below:
“No Reasonable cost shall be paid for the sheds handed over to the owner after closing
of the office / storage yard by the Owner.”
163 Vol I/
ECC
21 38.2 Employee’s liability We would like to inform that this policy is not
available in Indian insurance market. However this is covered under Workmen’s
Compensation (WC) Policy. In view of the above, we request you to delete this clause.
Bidder to follow the
specification.
164 Vol I/
ECC
21 38.3 Comprehensive Automobile Insurance We would like to inform that Automobile Liability Insurance cover is not available as a
separate policy in the Indian insurance market. All vehicles belonging to Contractor/
its sub-contractors are to be insured for motor third party liability under individual
motor insurance policy for each vehicle.
Contractor shall be submitting a copy of such motor insurance policy. In view of the above,
we request you to delete this clause.
Bidder to follow the specification
165 Vol I/
ECC
21 38.5 Fire Insurance We would like to inform that Erection All Risk
Policy (EAR) takes care of the Fire insurance Coverage. Hence there is no requirement for
separate Fire insurance policy. In view of the above, we request you to delete this clause.
Bidder to follow the specification
and ensure that fire insurance coverage as mentioned in the
specification is available.
166 Vol I/
ECC
22 41.2 The Guarantee cover for equipment
and spares etc. will take effect only
from the date of satisfactory completion of PG tests, and written
acceptance of the results by the Purchaser. However the maximum
delay shall be limited to 6 months beyond the stipulated date or a
We request Owner to replace the clause as
below:
“If Performance Guarantee Tests (PG tests)
are delayed for reasons beyond the control of
the Contractor, the Guarantee cover for equipment and spares etc. will take effect
from the date of completion of Trial
Bidder to follow the specification
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mutually agreed period. Operation.”
167 Vol I/
ECC
22 44.0 LIABILITY FOR ACCIDENTS AND
DAMAGE
Please add as clause no. 44.10,
“The Owner shall indemnify and hold
harmless the Contractor and its employees, officers and Subcontractors from any liability
for loss of or damage to property of the
Owner, other than the Works not yet taken over, that is caused by fire, explosion or any
other perils, in excess of the amount recoverable from insurances procured under
GCC Clause 20.0 (Insurance), provided that
such fire, explosion or other perils were not caused by any act or failure of the
Contractor.
The party entitled to the benefit of an indemnity under this ECC Clause 44.0 shall
take all reasonable measures to mitigate any loss or damage which has occurred. If the
party fails to take such measures, the other
party’s liabilities shall be correspondingly reduced.”
Bidder to follow the specification
168 Vol I/
SCC
3 1.3 Bidder shall guarantee 90% availability
of the plant for one (1) year from the date of trial operation In case this is
not achieved this period shall be
further extended to one year from the date of repair of the equipment, until
such availability is achieved. Bidder shall maintain full fledged supervisory
staff until such period.
We request Owner to delete this clause.
Bidder to follow the specification
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169 Vol I/
SCC
4 4.3 In case of any conflict amongst various
sections, drawings, schedules etc., the most stringent requirement shall
govern; decision of the Owner shall always be final & binding on the
Contractor.
Please modify the clause as mentioned
below,
In case of any conflict amongst various
sections, drawings, schedules etc. the
document having higher priority in line with GCC clause 2.4 the most stringent
requirement shall govern. decision of the Owner shall always be final & binding on the
Contractor.
Bidder to follow the specification
170 Vol I/
SCC
5 7.2 No statutory variation of taxes and
duties etc. will be allowed for the bought out items.
Please modify the clause as mentioned
below,
“No statutory variation of taxes and duties etc. will be allowed for the bought out items
and will be reimbursed by the Owner.”
Bidder to follow the specification.
171 Vol I/
SCC
6 8.4.2 No sum shall be included in any payment application in respect of the
works that, according to the decision
of the Engineer, does not comply with the contract, or has been performed,
at the date of certificate, prematurely.
Suggest deletion of this clause. Bidder to follow the specification
172 Vol I/ SCC
6 8.5.0 Mode of Payment
The purchaser will establish required irrevocable and non-transferable Letter
of Credits(LC) in favour of the
contractor through the purchaser’s Bank in India for the payments due as
per the approved billing break up for Non Indian Origin. It will be the
responsibility of the contractor to utilize the LC to the fullest extent. LC
opening charges, extension charges,
We request Owner to modify the clause as below;
The purchaser will establish required
irrevocable and non-transferable Letter of
Credits(LC) in favour of the contractor through the purchaser’s Bank in India for the
payments due as per the approved billing break up for Non Indian Origin. It will be the
responsibility of the contractor to utilize the LC to the fullest extent. LC opening charges,
extension charges, Banker’s negotiation
Bidder to follow the specification
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Banker’s negotiation charges at both
ends shall be to the account of the contractor. In case the LC is not fully
utilized, the reinstatement charges will also be to the Contractor’s account. LC
payment will be made for foreign supplies/imported items. For domestic
supplies and erection works payment
shall be made within 30 days.
Retention payments for supply, erection, testing & commissioning
including mandatory spares will be released by Deputy Financial
Controller/ Central Payment/TANGEDCO/HQ by
Cheque/Demand Draft on any
Nationalised/ Scheduled Banks or their branches. Bank charges if any will be
to the account of the contractor.
charges of respective Banks at both ends
shall be to the account of the respective party contractor. In case the LC is not fully
utilized, the reinstatement charges will also be to the Contractor’s account. LC payment
will be made for foreign supplies/imported items. For domestic supplies and erection
works payment shall be made within 30 days
from the date of receipt of Contractor's bill/invoice/debit note by the Owner.
Retention payments for supply, erection,
testing & commissioning including mandatory spares will be released by Deputy Financial
Controller/ Central Payment/TANGEDCO/HQ Owner’s Lender\Project Financing Agency by
Cheque/Demand Draft on any Nationalised/
Scheduled Banks or their branches pursuant to certification of invoices by the Owner.
Bank charges if any will be to the account of the contractor.
173 Vol I/ SCC
7 9.1 (d) The final ten (10%) percent payment based on the approved billing break up
for the above shall be paid after successful completion of performance
guarantee test (PG Test), written acceptance of PG test results by
TANGEDCO, and fulfillment of all
contractual obligations after adjusting all dues including LD.
We request Owner to consider the following for release of final 10% payment:
- 2.5% of the value of the total
contract price on successful completion of Trial Operation of first
Unit. - 2.5% of the value of the total
contract price on successful
completion of Trial Operation of second Unit.
- 2.5% of the value of the total contract price after successful
completion of performance
Bidder to follow the specification.
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guarantee test (PG Test) of first Unit.
- 2.5% of the value of the total contract price after successful
completion of performance guarantee test (PG Test) of second
Unit.
174 Vol I/ SCC
7 9.2.1 10% ADVANCE PAYMENT: 10 % (Ten percent) of the ex works price for
supply portion of the contract price ( Indian & Non Indian origin) shall be
paid by TANGEDCO as interest bearing
advance, if sought by the contractor within 30 days of fulfillment of the
following by the contractor:
We request Owner to modify the clause as below:
10% ADVANCE PAYMENT: 10 % (Ten
percent) of the ex works price for supply portion of the contract price ( Indian & Non
Indian origin) shall be paid by TANGEDCO as interest free bearing advance, if sought by
the contractor within 30 days of fulfillment of
the following by the contractor:
Bidder to follow the specification
175 Vol I/ SCC
7 9.2.2 The advance to be released under section 9.2.1 as above shall bear
interest at 15% per annum. The
advance to the contractor shall be adjusted progressively with
progressive supply of materials. Adjusted advance shall be determined
from the invoices submitted by the supplier for the completed supply
within the stipulated period,
irrespective of whether such invoices are paid by the Owner or otherwise.
For the unadjusted advance, Interest
shall be calculated as simple interest on monthly rests and amount
recovered on annual basis from the contractor’s bills during the beginning
of each financial year.
We request Owner to modify the clause as below:
The advance to be released under section
9.2.1 as above shall bear interest at 15% per annum. The advance to the contractor shall
be adjusted progressively with progressive
supply of materials. Adjusted advance shall be determined from the invoices submitted
by the supplier for the completed supply within the stipulated period, irrespective of
whether such invoices are paid by the Owner
or otherwise.
For the unadjusted advance, Interest shall
be calculated as simple interest on monthly
rests and amount recovered on annual basis from the contractor’s bills during the
beginning of each financial year.
Bidder to follow the specification
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For payment of advance, the application and invoice shall be
submitted to the CE Projects /TANGEDCO Head Quarters, Chennai.
If the supply is delayed beyond the stipulated period of the contract, penal
interest at 22% per annum will be
recovered for the value of the delayed supplies which will be adjusted from
respective bills payable to the contractor.
For payment of advance, the application and
invoice shall be submitted to the CE Projects /TANGEDCO Head Quarters, Chennai. If the
supply is delayed beyond the stipulated period of the contract, penal interest at 22%
per annum will be recovered for the value of the delayed supplies which will be adjusted
from respective bills payable to the
contractor.
176 Vol I/
SCC
10 9.4.1 10 % advance of the contract price
towards erection, testing and
commissioning including civil works excluding taxes and duties (Indian &
Non Indian Origin) will be paid by TANGEDCO as interest bearing
advance if sought by the contractor
within 30 days of fulfillment of the following by the Contractor as
mobilization advance:
We request Owner to modify the clause as
below:
10 % advance of the contract price towards
erection, testing and commissioning including civil works excluding taxes and duties (Indian
& Non Indian Origin) will be paid by TANGEDCO as interest free bearing advance
if sought by the contractor within 30 days of
fulfillment of the following by the Contractor as mobilization advance:
Bidder to follow the specification
177 Vol I/
SCC
10 9.4.2 The advance to be released under
section 9.4.1 shall bear interest at 15% per annum. The advance to the
contractor shall be adjusted
progressively with progressive completion of erection, testing and
commissioning work.
Adjusted advance shall be determined from the ……are paid by the Owner or
otherwise.
We request Owner to modify the clause as
below:
The advance to be released under section 9.4.1 shall bear interest at 15% per annum.
The advance to the contractor shall be adjusted progressively with progressive
completion of erection, testing and
commissioning work.
Adjusted advance shall be determined from
Bidder to follow the specification
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For the unadjusted advance, Interest
shall be calculated as simple interest on monthly rests and amount
recovered on annual basis from the contractor’s bills during the beginning
of each financial year.
If the erection, testing and
commissioning is delayed beyond the
stipulated period of the contract, penal interest at 22% per annum will be
recovered for the value of the delayed erection, testing and commissioning
which will be adjusted from respective bills payable to the contractor.
the ……are paid by the Owner or otherwise.
For the unadjusted advance, Interest shall be
calculated as simple interest on monthly rests and amount recovered on annual basis from
the contractor’s bills during the beginning of each financial year.
If the erection, testing and commissioning is
delayed beyond the stipulated period of the contract, penal interest at 22% per annum
will be recovered for the value of the delayed erection, testing and commissioning which
will be adjusted from respective bills payable
to the contractor.
178 Vol I/ SCC
8 9.2.4 (i) 50% of the value of ex-works price , along with 90% taxes & duties, 90%
of other charges like transportation and insurance charges,………
We request Owner to modify the clause as below:
50% of the value of ex-works price , along
with 90% 100% taxes & duties, 90% 100% of other charges like transportation and
insurance charges,………
Bidder to follow the specification
179 Vol I/
SCC
8 9.2.4 (i)
(II)
90% of Taxes and Duties and 90% of
transportation and insurance charges shall be paid in INR on production of
proof of payments of customs duty and proof of payment (Bill) of
transportation and insurance charges.
We request Owner to modify the clause as
below:
90% 100% of Taxes and Duties and 90%
100% of transportation and insurance
charges shall be paid in INR on production of proof of payments of customs duty and proof
of payment (Bill) of transportation and insurance charges.
Bidder to follow the specification
180 Vol I/ 9 9.2.7 The final ten (10%) percent of the
value of the contract price including
We request Owner to consider the following
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SCC the balance of taxes and duties, freight
& insurance based on the approved billing break up for the materials
supplied will be paid by TANGEDCO after successful completion of
performance guarantee test (PG Test), written acceptance of PG test results
by TANGEDCO, 100% supply
completion and fulfillment of all contractual obligations and after
adjusting all dues including LD.
for release of final 10% payment:
- 2.5% of the value of the total contract price on successful
completion of Trial Operation of first
Unit. - 2.5% of the value of the total
contract price on successful completion of Trial Operation of
second Unit.
- 2.5% of the value of the total contract price after successful
completion of performance guarantee test (PG Test) of first Unit.
- 2.5% of the value of the total contract price after successful
completion of performance
guarantee test (PG Test) of second Unit.
Bidder to follow the
specification.
181 Vol I/
SCC
9 9.3.1 PAYMENT TOWARDS SUPPLY OF
MANDATORY SPARES / WORKSHOP & LAB EQUIPMENTS:
70% PRO-RATA PAYMENT
i) INDIAN ORIGIN
70% of the value……
ii) NON INDIAN ORIGIN 70% of the value of CIF………..
(j) Proof of payment of customs
duty
In line with contemporary tenders we
request Owner to modify the payment terms as below:
70% 75% PRO-RATA PAYMENT
i) INDIAN ORIGIN
70% 75% of the value along with 90% 100% taxes & duties, 90% 100% of
other charges like….……
ii) NON INDIAN ORIGIN 70% 75% of the value of CIF along with
90% 100% taxes & duties, 90% 100% of other charges like ………..
(j) Proof of payment of customs duty
Bidder to follow the specification.
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90% 100% of Taxes and Duties and 90%
100% of transportation and insurance charges shall be paid in INR on production of
proof of payments of customs duty and proof of payment ( Bill) of transportation and
insurance charges.
182 Vol I/
SCC
10 9.3.2 20% PAYMENT TOWARDS MATERIAL
RECEIPT CERTIFICATE (MRC):
(For workshop and lab equipments the payment will be made after receipt of
the equipments and commissioning of the same at the site.) 20% (Twenty
percent) of the value of ex-works/CIF
price (Indian & Non Indian Origin) will be paid by TANGEDCO as per
approved billing schedule for the materials supplied at Udangudi
Thermal Power Project Stage-1 in
good condition upon production of material received certificate by the
contractor and verification by the Owner/Purchaser representative and
on submission of the invoice with
packing list in Quadruplicate (1 original + 3 copies).
In line with contemporary tenders we
request Owner to modify the payment terms as below:
20% 25% PAYMENT TOWARDS MATERIAL RECEIPT CERTIFICATE (MRC):
(For workshop and lab equipments the
payment will be made after receipt of the
equipments and commissioning of the same at the site.) 20% (Twenty percent) 25%
(twenty five percent) of the value of ex-works/CIF price (Indian & Non Indian Origin)
will be paid by TANGEDCO as per approved
billing schedule for the materials supplied at Udangudi Thermal Power Project Stage-1 in
good condition upon production of material received certificate by the contractor and
verification by the Owner/Purchaser representative and on submission of the
invoice with packing list in Quadruplicate (1
original + 3 copies).
Bidder to follow the specification.
183 Vol I/ SCC
10 9.3.3 FINAL 10% PAYMENT: The final ten (10%) percent of the value of the
contract price including balance all taxes and duties, freight & insurance
based on the approved billing break
In line with contemporary tenders we request Owner to modify the payment terms
as below:
FINAL 10% PAYMENT: The final ten (10%) percent of the value of the contract price
Bidder to follow the specification.
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up for the materials supplied will be
paid by TANGEDCO on 100% supply completion and fulfillment of all
contractual obligations after adjusting all dues including LD.
including balance all taxes and duties, freight
& insurance based on the approved billing break up for the materials supplied will be
paid by TANGEDCO on 100% supply completion and fulfillment of all contractual
obligations after adjusting all dues including LD.
184 Vol I/ SCC
11 9.4.4 65% PRO RATA PAYMENT: (For civil works 80% payment will be made on
pro-rata basis as per the approved billing breakup). 65% of the contract
value along with 90% taxes & duties, 90% of other charges like insurance
charges, will be paid by TANGEDCO on
pro-rata basis as per approved billing break up on submission of the
following documents in Quadruplicate (1 original + 3 copies):
We request Owner to modify the clause as below:
65% PRO RATA PAYMENT: (For civil works
80% payment will be made on pro-rata basis as per the approved billing breakup). 65% of
the contract value along with 90% 100% taxes & duties, 90% 100% of other charges
like insurance charges, will be paid by
TANGEDCO on pro-rata basis as per approved billing break up on submission of
the following documents in Quadruplicate (1 original + 3 copies):
Bidder to follow the
specification.
185 Vol I/
SCC
12 9.4.6 The final ten (10%) percent of value of
the contract price towards erection,
testing & commissioning including civil works will be paid by TANGEDCO after
successful completion of performance guarantee test (PG Test), written
acceptance of PG test results by
TANGEDCO, 100% work completion and fulfillment of all contractual
obligations after adjusting all dues including LD.
We request Owner to consider the following
for release of final 10% payment:
- 2.5% of the value of the total
contract price on successful completion of Trial Operation of first
Unit. - 2.5% of the value of the total
contract price on successful completion of Trial Operation of
second Unit.
- 2.5% of the value of the total contract price after successful
completion of performance guarantee test (PG Test) of first Unit.
Bidder to follow the
specification.
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- 2.5% of the value of the total
contract price after successful completion of performance
guarantee test (PG Test) of second Unit.
186 Vol I/
SCC
12 9.5 90% of price of mandatory spares and
3 years O&M spares shall be certified within thirty (30) days on receipt of
materials at site against the following documents…….
We request Owner to modify the clause as
below:
90% of price of mandatory spares and 3 years O&M spares shall be certified within
thirty (30) days on receipt of materials at site against the following documents…….
Bidder to follow the specification.
187 Vol I/
SCC
18 22.0
23.0
PERFORMANCE GUARANTEES,
PENALTIES & CAPABILITY TESTS
The penalty for not meeting the performance guarantees during the
Performance Guarantee Test shall be
assessed and recovered from the Contractor. Such penalty shall be
levied without limitations, in accordance with stipulations made
in Technical Specification and shall be
without prejudice to all the other conditions of the contract.
PENALTY FOR POOR PERFORMANCE
We request to replace
“PENALTY/PENALTIES” with “Liquidated
Damages” in line with industry practice.
Also “Cap for Liquidated Damages for
Performance Guarantees” is not specified.
We request Owner to specify the cap as 10% of the Contract Price in line with the current
prevailing norms in the Industry.
We request TANGEDCO to consider the aggregate liability of the Contractor towards
payment of Liquidated Damages for Delay
and Liquidated Damages for Performance Guarantees to not exceed 15% of the
Contract Price. The above request is in line with the prevailing industry norms.
Bidder to follow the specification.
188 Vol I/
SCC
21 24.1 In case Performance Guarantee Test
cannot be carried out at specified time
due to reasons attributable to Owner, the Plant shall be taken over 180 days
after the intimation from the Contractor provided the Owner is
We request Owner to modify the clause as
below:
In case Performance Guarantee Test cannot be carried out at specified time due to
reasons attributable to Owner, the Plant shall
Bidder to follow the specification.
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satisfied about his readiness for
conducting the Performance Guarantee Test. In such case, the Owner shall
give an adhoc final acceptance certificate for the purpose of triggering
the Guarantee/Defect Liability period which will be subject to revision based
on actual PG test results. In such an
eventuality, the Owner shall give a notice to the Contractor of his
readiness to give necessary inputs to enable the Contractor to do the
Performance Guarantee Test, in which
case the Contractor shall arrange the Performance Guarantee Test within 30
days on receipt of such notice without any additional financial implication to
the Owner.
be taken over 180 60 days after the
intimation from the Contractor provided the Owner is satisfied about his readiness for
conducting the Performance Guarantee Test. In such case, the Owner shall give an adhoc
final acceptance certificate for the purpose of triggering the Guarantee/Defect Liability
period which will be subject to revision based
on actual PG test results and will release corresponding payment against equivalent
Bank Guarantee valid for six months. In such an eventuality, the Owner shall give a notice
to the Contractor of his readiness to give
necessary inputs to enable the Contractor to do the Performance Guarantee Test, in which
case the Contractor shall arrange the Performance Guarantee Test within 30 days
on receipt of such notice without any
additional financial implication to the Owner. On successful completion of Performance
Guarantee Test, the Bank Guarantee shall be returned to the Contractor.
189 Vol I/
Schedule-
4
86 Note1. The total price given for item Sl. No. 3
& 4 put together shall be a minimum of 25% of the total contract price.
We request Owner to modify the clause as
below:
The total price given for item Sl. No. 3 & 4 put together shall be a minimum of 20 25%
of the total contract price.
Bidder to follow the specification.
190 Vol-I 16/Sec-I/ITB/page
24
Earnest Money deposit (EMD) The payment of EMD in the form of DD is
stringent and would require bidder to factor
Bidder to follow as per the
specification
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in the corresponding cost leading to increase
in the bid price. The relevant purpose can be
served equally by submission of BG of
equivalent amount as per the standard
practice prevalent in the industry. We
therefore, request TANGEDCO to accept EMD
in the form of bank Guarantee also.
191 Vol-I 31.1/Sec-I/ITB/page
30
Security Deposit Cum Contract
Performance Guarantee
Please delete the words" after adjusting the
EMD amount already paid" appearing in first
line. EMD shall be returned to bidder
immediately after submission of performance
security for 10% of the contract price in the
form of BG.
Bidder to follow as per the
specification
192 Vol-I 31.1/Sec-I/ITB/page
30
Security Deposit Cum Contract
Performance Guarantee
Retaining of the Performance BG till
completion of all contractual obligations is
extremely stringent. It is requested that BG
value be reduced proportionate to work
released from warranty obligations as per
standard industry practice.
Bidder to follow as per the
specification
193 Vol-I 31.3/Sec-I/ITB/page
31
Security Deposit Cum Contract
Performance Guarantee
Please delete last sentence " In the event of
acceptance......bill payment to the
contractor" provided LOI is issued in line with
the tender specifications read along with the
Post-Bid resolutions.
Bidder to follow as per the
specification
194 Vol-I 47/Sec-I/ITB/page
34
Discrepancies between drawing and
specification
Responsibility of ensuring correctness off
data/information supplied by TANGEDCO
shall rest with them only.
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
95
Therefore the para "provided that such
discrepancies, errors or omissions....by the
contractor to the owner" provided in the
2nd sentence contains discrepancy. This para
should be read as "provided that such
discrepancies, errors or omissions....by the
owner to the contractor". Pl confirm.
195 Vol-I 13.16 /Sec-
I/ITB/page 21
Variation In Taxes and Duties Since GCC already provides for LD towards
delay and considering that no gains accrue to
contractor out of tax payment, regulation of
payment of taxes and duties on account of
statutory variation tantamount to penalizing
the contractor twice for the same reason in
the event of delay. Hence, we request
TANGEDCO to kindly pay all statutory
variation of taxes till the completion of
project as extra on actual basis.
Bidder to follow as per the
specification
196 Vol-I 79/Sec-2/GCC/page
46
Bidder to follow as per the
specification
197 Vol-I 44 /Sec-I/ITB/page
34
Dues to The TANGEDCO We request TANGEDCO to please delete this
clause.
Bidder to follow as per the
specification
198 Vol-I 3.43/Sec-
2/GTCC/page 10
Definition of terms Please replace definition of latent defects
with following one as per standard industry
practice: Latent defect shall be the defects
inherently lying within the material or arising
out of design deficiency which do not
manifest themselves during normal
examination.
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
96
199 Vol-I 3.65/Sec-
2/GTCC/page 12
Definition of terms We propose that 15 days Trial operation
period will be reasonable to establish the
trouble free operation of the plant. We
therefore request TANGEDCO to please
consider reducing the Trial operation period
to 15 days.
Bidder to follow as per the
specification
200 Vol-I 11.3/Sec-
2/GTCC/page 15
Effect and Jurisdiction of Contract The Laws applicable to this contract shall be
laws in force in India as on the Record date.
Bidder to follow as per the
specification
201 Vol-I 20.11/Sec-
2/GTCC/page 22
Insurance Since responsibility of maintaining insurance
is already in scope of contractor, We request
for deletion of requirement of written
authorization from TANGEDCO to underwriter
regarding payment of insurance proceeds to
contractor.
Bidder to follow as per the
specification
202 Vol-I 22.3/Sec-
2/GTCC/page 23
Inspection, testing and inspection
certificate
As per standard industry practice, it is
requested that all costs and expenses
incurred in connection with inspection
including, but not limited to, all traveling and
board and lodging expenses shall be in
TANGEDCO scope.
Bidder to follow as per the
specification
203 Vol-I 14.2/Sec-I/ITB/Page
22
Pre-Shipment inspection charges Bidder to follow as per the
specification
204 Vol-I 48.3/Sec-I/ITB/page
35
Inspection testing &inspection
certificates
Bidder to follow as per the
specification
205 Vol-I 34/Sec-
2/GTCC/page 29
Warranty We wish to submit that defect, if any,
existing in the equipment will get manifested
during 12 months itself. We therefore
request TANGEDCO to please reduce the
relevant period to 12 months as per standard
industry practice on unitwise basis.
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
97
206 Vol-I 43/Sec-
2/GTCC/page 35
Guarantee Since provision of clause is already
reasonably covered in Warranty clause, we
request TANGEDCO to delete this particular
clause.
Bidder to follow as per the
specification
207 Vol-I 3.37/Sec-
2/GTCC/page 9
Definition of terms Bidder to follow as per the
specification
208 Vol-I 3.46/Sec-
2/GTCC/page 10
209 Vol-I 74/Sec-
2/GTCC/page 45
Taking over We request that Taking over certificate of
plant be issued on the date of completion of
Trail operation test/Commercial operation
date (COD) or Deemed Commissioning or
date of TANGEDCOs' use of Plant prior to
completion of reliability run, whichever is
earlier. The warranty of the plant shall start
from the such date of Taking Over as
mentioned above.
Bidder to follow as per the
specification
210 Vol-I 46.3/Sec-
2/GTCC/page 37
Limitation of liability Provision of clause 46.3 is understood to be
dealing with the owner's liability towards the
contractor. Please also add the clause on
Contractor's limitation of liability towards
owner as per the practice being followed by
various other esteemed clients including
NTPC etc. in the market as under:
"Except in cases of criminal negligence or
willful misconduct,
(a) the Contractor shall not be liable to
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
98
TANGEDCO, whether in contract, tort, or
otherwise, for any indirect or consequential
loss or damage, loss of use, loss of
production, or loss of profits or interest costs
and
(b) the aggregate liability of the Contractor
to TANGEDCO, whether under the Contract,
in tort or otherwise, shall not exceed the
total Contract Price, provided that this
limitation shall not apply to any obligation of
the Contractor to indemnify TANGEDCO with
respect to patent infringement."
Pl confirm.
211 Vol-I 5.0/Sec-4/SCC/page
4
Work Completion period Time schedule of 42 Months specified for
completion of both units is not consistent
with schedule generally followed in the
country for implementation of supercritical
plants. We therefore request TANGEDCO to
consider completion of 2nd unit with a phase
gap of at least 6 months taking 42 months as
completion for first unit.
Bidder to follow as per the
specification
212 Vol-I 9.2.1 to 9.2.3/Sec-
4/SCC/page 7 & 8
10% Advance payment (terms of
payment)
We request TANGEDCO to provide 10%
advance payment as interest free in line with
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
99
213 Vol-I 9.4.1 to 9.4.3/Sec-
4/SCC/page 10 &11
other contracts including NCTPS St-II of
TANGEDCO.
214 Vol-I 9.2.2/Sec-
4/SCC/page 7
Terms of payment We request TANGEDCO to kindly delete the
provision contained in last sentence "If the
Supply is.......bills payable to the contractor"
in line with standard industry practice.
Bidder to follow as per the
specification
215 Vol-I 9.2.4/Sec-
4/SCC/page 8
Terms of payment As per the present laws in India, Contractor
is liable to pay 100 % duties to the statutory
bodies at the time of despatch from his
works/subvendor work. We therefore,
request TANGEDCO to reimburse the same
fully at the time of dispatch.
Further, we propose for payment of
transportation charges with 90% on despatch
and 10% on receipt.
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
100
216 Vol-I 22.2/Sec-
4/SCC/page 18
PERFORMANCE GUARANTEES,
PENALTIES & CAPABILITY TESTS
We request TANGEDO to stipulate cap on
total amount of Liquidated Damages towards
performance shortfall as per standard
industry practice. We propose for same as
follows:
1) total amount of Liquidated Damages towards performance shortfall shall
not exceed 10% of the Contract Price considering all types of
Contracts including supply and
erection. 2) The total amount of liquidated
damages on account of delay in COD and non-fulfillment of Performance
Guarantees shall not in any case
exceed fifteen percent (15%) of the total Contract Price.
Bidder to follow as per the
specification
217 Vol-I 6.2/Sec-4/SCC/page
4
Delay/early completion of work period We understand that in the event
commissioning of plant is delayed but the
supplies for Mandatory spares is completed
before scheduled Trial Operation date, no LD
on Mandatory Spares contract price shall be
levied.
In case of delay in supply of spares, the
clause 6.4 as applicable for O&M spares shall
be applicable for levy of LD on Mandatory
Spares.
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
101
TANGEDCO is requested to confirm.
218 Vol-I 6.2/Sec-4/SCC/page
4
Delay/early completion of work period We request TANGEDCO to modify the 2nd
sentence as follows: In case the Supplier
delays the supply of spares beyond the
scheduled date as indicated in Cl. No.55.2 of
Sec.1, Vol- I, then the TANGEDCO shall
recover as liquidated damages, a sum of
½% (half percent) of the contract price of
the delayed O&M Spares, per week or part
thereof of delay, subject to a maximum of
10% (ten percent) of contract price for the
spares.
Bidder to follow as per the
specification
219 Vol-I 6.4/Sec-4/SCC/page
4
Delay/early completion of work period Since provision of LD is already available in
the Contract as a deterrent towards any
delay in supplies by the contractor, this
clause may please be deleted.
Bidder to follow as per the
specification
220 Vol-I responsibility matrix Responsibility matrix We propose that the responsibility matrix for
approval and permits from statutory
authorities by TANGEDCO and Contractor be
mutually discussed & agreed during post-bid
stage.
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
102
221 Vol-I 46/Sec-I/ITB/page
34
Interest on overdue payments On scrutiny of GCC, it is noted that there is
no provision/ recourse available to contractor
in the event of inordinate delay in release of
payments by TANGEDCO. Hence, to provide
some comfort to the contractor in such
eventuality, this clause needs to be reviewed
by TANGEDCO.
We propose the following to deal with such
circumstances:
To facilitate smooth execution of contract
and to avoid any dispute, we request you to
incorporate suitable provision for interest on
delayed payments. Alternatively please add
suitable provision towards suspension of
contract by the contractor in the event of
non receipt of payment within 60 days from
the date of receipt of bills clear in all respects
to TANGEDCO.
Bidder to follow as per the
specification
222 Vol-I 49/sec I/ITB/page Dispatch clearance Considering a fast track project, dispatch
clearance shall be issued within 3 days from
the date of contractor's intimation. Pl
confirm.
Supply of O&M spares should be upto12
months after the scheduled supply of
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
103
mandatory Spares.
223 Vol-I 55.2/sec I/ITB/Page 3 years O&M spares While reasonable delivery period for
mandatory spares (completion to be ensured
before Trial Operation date) is available in
the specification, the requirement of 12
months delivery period for O&M spares is
quite low. Further, please appreciate the
O&M spares shall generally be required after
completion of warranty period. Hence, we
would request TANGEDCO to amend the
delivery period of the O&M spares to atleast
30 months from the date of ordering.
Bidder to follow as per the
specification
224 Vol-I 32/sec 2/GCC/Page Settlement of disputes To facilitate expeditious resolution of
disputes, if any, we propose that same be
discussed and mutually resolved.
In the unfortunate event of non-resolution of
the same, it shall be resolved as per Indian
Arbitration And Conciliation Act, 1996 (as
may be amended from time to time).
Bidder to follow as per the
specification
227 Vol-I 33.3/sec
3/ECC/Page
Closing of Site office Being an EPC contract contractor's
responsibility is confined to the supply of
items required to complete the system
requirements as envisaged in the
specification to accomplish the
commissioning of the plant. Hence, excess
supplies after commissioning of the plant
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
104
shall be allowed to be taken back by the
contractor. Pl confirm.
226 Vol-I 41/sec 2/GCC/Page Handing over The 180 days period specified for triggering
of warranty period in the event of non-
conductance of PG Test due to reasons
attributable to owner only is very high. We
would request you to trigger the warranty
period from the date of contractor's
readiness to conduct the PG Test or revise
the period to maximum 30 days. Please
confirm.
Bidder to follow as per the
specification
227 Vol-I 24/sec 4/SCC/Page Final Acceptance Bidder to follow as per the
specification
228 Vol-I 13.3/sec 1/ITB/Page Taxes & Duties. The clause 13.3 of ITB seems to be
inconsistent with clause 79.2 of GCC as it
stipulates indication of all Taxes & Duties
relating to equipment/ components/ raw
material to be dispatched directly to
purchaser from supplier in clause "Duties,
Taxes & levies" in Schedule - 6 of the
specification. We understand relevant taxes
& duties shall be included as part of ex-works
price in Schedule - 4. Please clarify.
Bidder to follow as per the
specification
229 Vol-I 79.2/sec
2/GCC/Page
Statutory Variation in Taxes & Duties Bidder to follow as per the
specification
230 Vol-I 14.3 & 14.3.1/Sec-
1/ITB/page
Exchange Rate Variation The clause 14.3 specifies payment of
contract price in respective quoted currencies
while 14.3.1 stipulates payment of foreign
currency at the selling price of SBI as on the
date of payment. Please clarify the
discrepancy.
Bidder to follow as per the
specification
Pre Bid Reply-1/dt.29.06.2015
S.No Volume/Section/Page No.
Clause No. Bid Specification Pre bid Query TANGEDCO's reply
105
231 Vol-I 30.1.1/sec-
1/ITB/page 30
PRICE BID EVALUATION Being an ICB bid, all applicable taxes &
duties to the contract should be considered
during evaluation process to provide level
playing field to all bidders. Hence it is
requested to kindly include either both
TNVAT & CST during evaluation stage or
exclude both taxes during evaluation.
Bidder to follow as per the
specification
232 Vol -I 53.10/sec
2/GCC/Page 40
E&C spares Since E&C spares are required only for
commissioning of the plant, adequate
quantity of these spares shall be ensured by
contractor to meet the project requirement
for commissioning of the plant. After
commissioning is over, left over spares shall
be allowed to be taken back by the
contractor. Please confirm.
Bidder to follow as per the
specification
233 Vol -I 63/Sec -1 /GCC First fill of oil/lubricants Both clauses are contradictory to each other
as one clause specifies supply of additional
10% of required for commissioning of the
equipments while other specifies the supply
of same upto completion of Trial Operation
and 3 months thereafter. Please clarify.
Bidder to follow as per the
specification
234 Vol- I 14/Sec-4/SCC/Page Paints/consumables Bidder to follow as per the
specification
235 Vol-I 1.0/se 1/ITB page 4 Plot plan during pre-bid meeting.
Bidders are requested to submit
the plot plan along with bid.
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