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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC Page 1 of 40 S. NO. RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS QUERY JKSPDC RESPONSE 1. Part-2: Information& Instruction to Applicants Clause No. 5.1.4, Electro- Mechanical Works Electro-Mechanical works: The bidder should have carried out design, manufacture, erection, testing and commissioning of the following electro mechanical works & equipment in the preceding 10 Years:- i. One Hydro turbine and hydro generator, with necessary ancillary equipment, having unit size not less than 7.5 MW and shall be in successful operation for 03 years post commissioning. (M/s Angelique) As per the tender clause, Electro-Mechanical subcontractor should be a manufacturer of both turbine and Generator. We request JKSPDC to kindly modify this clause as under: One Hydro Turbine and/or Hydro Generator, with necessary ancillary equipment, having unit size not less than 7.5 MW and shall be in successful operation for 03 years post commissioning. Clause 5.1.4 is modified as under: “Electro-Mechanical works: The bidder should have carried out the following electro mechanical works and equipment in the preceding 10 Years:- i. Design, manufacture, erection, testing and commissioning of One Hydro turbine and hydro generator, with necessary ancillary equipment, having unit size not less than 9.2 MW and shall be in successful operation for 03 years post commissioning. or Design, manufacture, erection, testing and commissioning of Two Hydro turbines and hydro generators, with necessary ancillary equipment, having unit size not less than 5.75 MW and shall be in successful operation for 03 years post commissioning. or Design, manufacture, erection, testing and commissioning of (M/s Angelique) Also, it is inadvertently mentioned that to meet the qualification criteria, H-M subcontractor can be considered for E-M works. Kindly amend H- M subcontractor as E-M subcontractor. Cl. No.5.1.4/ Electro Mechanical Works Part - 2 /Information & Instruction to Applicants The bidder should have carried out design, manufacture, erection, testing and commissioning of the following electro mechanical works & equipment in the preceding 10 Years:- i. At least one Hydro turbine As per the general world wide practices, the turbine designers & manufactures does not manufacture Generators in their works/factories accept a few & as per the practices followed by most of the hydro power utilities (NHPC,KSEB etc), the Pre- Qualification requirement calls for Either a turbine manufacturer or a generator manufacturer in order to have a fair

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Page 1: S. RFQ DOCUMENT NO. TENDER CLAUSE NO. QUERY … Office/Ans-II_R2PBQs.pdf · replies to pre bid queries ans-ii hep by jkspdc page 3 of 40 s. no. rfq document tender clause no. bid

REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 1 of 40

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QUERY JKSPDC RESPONSE

1. Part-2: Information& Instruction to Applicants

Clause No. 5.1.4, Electro-Mechanical Works

Electro-Mechanical works: The bidder should have carried out design, manufacture, erection, testing and commissioning of the following electro mechanical works & equipment in the preceding 10 Years:- i. One Hydro turbine and hydro generator, with necessary ancillary equipment, having unit size not less than 7.5 MW and shall be in successful operation for 03 years post commissioning. (M/s Angelique)

As per the tender clause, Electro-Mechanical subcontractor should be a manufacturer of both turbine and Generator. We request JKSPDC to kindly modify this clause as under: One Hydro Turbine and/or Hydro Generator, with necessary ancillary equipment, having unit size not less than 7.5 MW and shall be in successful operation for 03 years post commissioning.

Clause 5.1.4 is modified as under: “Electro-Mechanical works: The bidder should have carried out the following electro mechanical works and equipment in the preceding 10 Years:- i. Design, manufacture, erection,

testing and commissioning of One Hydro turbine and hydro generator, with necessary ancillary equipment, having unit size not less than 9.2 MW and shall be in successful operation for 03 years post commissioning.

or Design, manufacture, erection, testing and commissioning of Two Hydro turbines and hydro generators, with necessary ancillary equipment, having unit size not less than 5.75 MW and shall be in successful operation for 03 years post commissioning.

or Design, manufacture, erection, testing and commissioning of

(M/s Angelique)

Also, it is inadvertently mentioned that to meet the qualification criteria, H-M subcontractor can be considered for E-M works. Kindly amend H-M subcontractor as E-M subcontractor.

Cl. No.5.1.4/ Electro Mechanical Works Part - 2 /Information & Instruction to Applicants

The bidder should have carried out design, manufacture, erection, testing and commissioning of the following electro mechanical works & equipment in the preceding 10 Years:- i. At least one Hydro turbine

As per the general world wide practices, the turbine designers & manufactures does not manufacture Generators in their works/factories accept a few & as per the practices followed by most of the hydro power utilities (NHPC,KSEB etc), the Pre-Qualification requirement calls for Either a turbine manufacturer or a generator manufacturer in order to have a fair

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and hydro generator, with necessary ancillary equipment, having unit capacity not less than 7.5 MW and shall be in successful operation for last 3 years post commissioning. (M/s Power Mech)

participation. Therefore you are requested to kindly modify the clause as under:- i. At least one Hydro turbine or hydro generator, with necessary ancillary equipment, having unit capacity not less than 7.5 MW and shall be in successful operation for last 3 years post commissioning.

Three Hydro turbines and hydro generators, with necessary ancillary equipment, having unit size not less than 4.6 MW and shall be in successful operation for 03 years post commissioning.

ii. Erection, testing and

commissioning of One 3-phase generator step-up transformer having rated capacity of 7.5 MVA or higher at rated voltage of 33 KV or 66 kV and shall be in successful operation for 03 years post commissioning.

or Erection, testing and commissioning of Two 3-phase generator step-up transformer having rated capacity of 5 MVA or higher at rated voltage of 33 KV or 66 kV and shall be in successful operation for 03 years post commissioning.

or Erection, testing and commissioning of Three 3-phase generator step-up transformer having rated capacity of 4 MVA or higher at rated voltage of 33 KV or 66 kV

Cl. No.5.1.4/ Electro Mechanical Works Part - 2 /Information & Instruction to Applicants

ii. One 3-phase generator step-up transformer having rated capacity of 7.5 MVA or higher at rated voltage of 33 KV or 66 kV and shall be in successful operation for 03 years post commissioning iii. One conventional type 33 KV / 66 kV switchyards for evacuation of power from generating station which should be presently under successful operation. (M/s Power Mech)

ii. Erection, testing and commissioning of at least one 3-phase generator step-up transformer having rated capacity of 7.5 MVA or higher at rated voltage of 33 KV.

Or iii. Erection, testing and commissioning of at least one conventional type 33 KV or 66 KV switchyards for evacuation of power from generating station which should be presently under successful operation.

Cl. No.5.1.4/ Electro Mechanical Works/Part - 2 /Information & Instruction to Applicants

Bidder may propose sub-contractors for Hydro Mechanical Works. The proposed sub-contractors for the purpose shall necessarily meet all the criteria mentioned above individually.

It seems that to be a topographical error under the qualification part of electromechanical works the word Hydro Mechanical shall be reads as ” Electromechanical”. Kindly confirm

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(M/s Power Mech) and shall be in successful operation for 03 years post commissioning.

OR iii. Erection, testing and

commissioning of One conventional type 33 KV / 66 kV switchyards for evacuation of power from generating station which should be presently under successful operation.

Bidder may propose sub-contractors for Electro Mechanical Works. The proposed sub-contractors for the purpose shall necessarily meet all the criteria mentioned above individually. Experience of having executed the above mentioned works in JV or Consortium shall be considered only if the experience certificates issued by a client clearly mentions therein the scope of work of each individual partner of JV or Consortium. Vendor selection for Electro Mechanical Works shall be as per the relevant guidelines of Government of India, in view of the

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project area partly being close to the Line of Control (LoC).”

2. General query (M/s Angelique)

To encourage competitiveness in the bidding process and in the interest of the project, we request JKSPDC to allow the successful bidder to consider subcontractors/vendors that have approved for any bidder during bid evaluation stage.

Not accepted.

3. Volume I Section-I: Instruction to Bidders

19. Bid Security

(M/s Angelique)

As per ITB clause 19.1, bidder has to submit bid security for an amount of INR 5.54 Crore. And As per NIT bidder has to submit bid security for an amount of INR 5 Crore. We understand, NIT prevails ITB and hence correct value is INR 5 Crore. Kindly confirm.

Bid security shall be INR.5.00 Crore.

4. Request for Qualification Part – 2: Information & Instructions to Applicants

1.4 Completion time

(M/s Angelique)

As per referred clause of RfQ, Completion period for the Project i.e commissioning of all the two units is 54 months. And As per GCC clause no 23.1, Completion period for the Project i.e. commissioning of all the two units is 44 months. We understand that completion period for the project is 54 months. Kindly confirm.

The commissioning of the final unit shall be 40 months from the date of issuance of Letter of Award (Zero date).

Volume III Section-5: General Conditions of the Contract

23. Time for completion

(M/s Angelique)

5. Volume III Section-5: General Conditions of

30.Performance Guarantee/ Security Deposit

(M/s Angelique)

As per the clause 30.2, the Performance Guarantee/ Security Deposit shall remain valid for 54 months. We request JKSPDC to relax BG validity

Clause 30.2 is modified as under: “The Contractor’s bank guarantees shall remain valid for 52 (Fifty two)

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the Contract period by accepting PBG’s initially valid for 3 years and before expiry of the same, validity shall be further extended for the balance period. This relaxation has already been given by JKSPDC for Matchil HEP tender.

months following the Date of Order to Commence. If the date of issue of the last Final Acceptance Certificate pursuant to Article 28 hereof is later, the validity of the bank guarantees shall be extended from time to time to expire one year after the date of issue of the last Final Acceptance hereupon. However, the Contractor shall have an option to furnish Performance Bank Guarantee valid for 36 months initially, validity of which shall have be to extended for another 22 months (totaling 52 months) by the Contractor, on its own without waiting for any formal communication from the Owner, 06 months prior to its expiry date, failing which the Owner shall, without any further notice, encash the Performance Bank Guarantee before completion of basic validity period of 36 months.”

6. Request for Qualification Part – 2: Information & Instructions to Applicants

7. SUB-CONTRACTING

(M/s Angelique)

As per RfQ clause no 7.1, bidder shall be allowed to sublet 20 % of Civil works. And As per RfP clause no 5.5, bidder shall be allowed to sublet 10 % of Civil works. Kindly clarify.

The Bidder shall be allowed to sublet 20% of Civil works.

RfP Document Volume I

5. ELIGIBILITY AND

(M/s Angelique)

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Section-I : Instruction to Bidders

QUALIFYING REQUIREMENTS

5.5 Allied civil works (restricted to 10 % as per RfQ) shall be sublet to a particular sub-contractor only with approval of the Owner. Sub-contractors qualified through RFQ shall be treated as subcontractors approved by the Owner.

7. Request for Qualification Part – 2: Information & Instructions to Applicants

Part – 2: Information & instructions to applicants

(M/s Angelique)

As per RfQ clause no 1.4, Defects Liability period is 12 months after completion/ commissioning of works. And As per RfP clause no. 27.1, Defects Liability period is 36 months after completion/ commissioning of works.

Defects Liability Period shall be 12 months from the date of commissioning of the final unit.

RfP Document: 27. DEFECTS

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Volume III Section-5: General Conditions of the Contract

LIABILITY PERIOD

(M/s Angelique) DLP in EPC projects is normally 12 months and is calculated from the date of unit wise commissioning. Kindly confirm DLP as 12 months from unit wise commissioning.

8. Request for Qualification Part – 2: Information & Instructions to Applicants

5. QUALIFICATION CRITERIA

(M/s Angelique)

As per RfQ’s , bidder shall be allowed to propose 01 sub-contractor for Planning, Design & Engineering Works. To have competitiveness during bidding stage, we request you to kindly allow more than one subcontractor for Planning, Design & Engineering Works.

The bidder can propose 02 (two) subcontractors for Planning, Design & Engineering Works.

9. Volume-II Request For Proposal (RFP)

18.18 Synchronizing System

Synchronizing scheme comprising of manual check and auto synchronizing of each of the generators with receiving end sub-station shall be provided. This will be integrated with Plant C & I system. The synchronization shall be provided at 33 kV bus bar of the switchyard at the project. (M/s Angelique)

Kindly provide plant electrical key single line diagram if available There is a discrepancy in the tender documents; As per section 4.3: Electro-mechanical work synchronization voltage is 33KV. Whereas as per the Section-7 Bid Proposal Sheet generation voltage is mentioned 6.6KV & Evacuation voltage 132 KV. Please clarify/confirm.

Copy of SLD is available in the DPR. Evacuation voltage shall be 132 kV.

Volume-II Request For Proposal (RFP)

18.18 Synchronizing System

Synchronizing scheme comprising of manual check and auto synchronizing of each of the generators with receiving end sub-station shall be provided.

Kindly provide plant electrical key single line diagram if available.

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(M/s Choudhary Power)

Volume-II Request For Proposal (RFP)

18.18 Synchronizing System

18.18 Synchronizing System Synchronizing scheme comprising of manual check and auto synchronizing of each of the generators with receiving end sub-station shall be provided. This will be integrated with Plant C & I system. The synchronization shall be provided at 33 kV bus bar of the switchyard at the project. (M/s Choudhary Power)

There is a discrepancy in the tender documents; As per section 4.3: Electro-mechanical work synchronization voltage is 33KV. Whereas as per the Section-7 Bid Proposal Sheet generation voltage is mentioned 6.6KV & Evacuation voltage 132 KV. Please clarify/confirm.

Volume-II Request For Proposal (RFP)/ 18.18 Synchronizing System/ Page No.438

Synchronizing System Synchronizing scheme comprising of manual check and auto synchronizing of each of the generators with receiving end sub-station shall be provided. This will be integrated with Plant C & I system. The synchronization shall be provided at 33 kV bus bar of the switchyard at the project. (M/s Power Mech)

There is a discrepancy in the tender documents; As per section 4.3: Electro-mechanical work synchronization voltage is 33KV. Whereas as per the Section-7 Bid Proposal Sheet generation voltage is mentioned 6.6KV & Evacuation voltage 132 KV. Please clarify/confirm

10. Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 5

23 MW with 20% overload capacity at 6.6 kV and 73.33 m head and 0.85 power ……….

We presume listed incorrect rating is due to typo and correct rating shall be 11.5MW, further we recommend the generation voltage to be 11 kV in instead of 6.6kV. Kindly provide your observation / confirmation.

There shall be two Generating units of 11.5 MW each. For utilization of excess head/discharge available during rainy season, 10% Continuous

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(M/s Angelique) Overload Capacity shall be provided in each of the generating units. Power Factor shall be taken as 0.85. Generation voltage shall be 11 kV.

Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 5

23 MW with 20% overload capacity at 6.6 kV and 73.33 m head and 0.85 power ………. (M/s Choudhary Power)

We presume listed incorrect rating is due to typo and correct rating shall be 11.5MW, further we recommend the generation voltage to be 11 kV in instead of 6.6kV. Kindly provide your observation / confirmation.

Volume-IV Request For Proposal (RFP)/ Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. – 5/Page No 3

23 MW with 20% overload capacity at 6.6 kV and 73.33 m head and 0.85 power ………. (M/s Power Mech)

We presume listed incorrect rating is due to typo and correct rating shall be 11.5MW, further we recommend the generation voltage to be 11 kV in instead of 6.6kV. Kindly provide your observation / confirmation.

11. Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 7

6.6 KV Bus duct, isolated type ……. (M/s Angelique)

With reference to the proposed generation voltage of 11 kV, the derived current rating shall be less than 1000A, thus we recommend 11kV XLPE insulated aluminum conductor cable in place of IPBD. Kindly provide your observation / confirmation.

11 kV Bus Duct to be provided.

Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 7

6.6 KV Bus duct, isolated type ……. (M/s Choudhary Power)

With reference to the proposed generation voltage of 11 kV, the derived current rating shall be less than 1000A, thus we recommend 11kV XLPE insulated aluminum conductor cable in place of IPBD. Kindly provide your observation / confirmation.

Volume-IV 6.6 KV Bus duct, isolated type With reference to the proposed generation

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Request For Proposal (RFP)/ Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. – 7/Page No. 3

……. (M/s Power Mech)

voltage of 11 kV, the derived current rating shall be less than 1000A, thus we recommend 11kV XLPE insulated aluminum conductor cable in place of IPBD. Kindly provide your observation / confirmation.

12. Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 8

6.6kV/132 kV, 15 MVA, 3ϕ ONAN/ ONAF Step-up Transformer …… (M/s Angelique)

It seems selected GSU transformer rating is under sized with reference to 11.5MW @0.85pf with 20% COL. For smooth plant operation we recommend 16.75 MVA 11/ 132 kV ONAF GSU transformer. Kindly provide your observation / confirmation.

Refer reply at S. No. 10. 15 MVA 11/132 kV transformer is sufficient.

Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 8

6.6kV/132 kV, 15 MVA, 3ϕ ONAN/ ONAF Step-up Transformer …… (M/s Choudhary Power)

It seems selected GSU transformer rating is under sized with reference to 11.5MW @0.85pf with 20% COL. For smooth plant operation we recommend 16.75 MVA 11/ 132 kV ONAF GSU transformer. Kindly provide your observation / confirmation.

Volume-IV Request For Proposal (RFP)/ Section – 7: Bid proposal

6.6kV/132 kV, 15 MVA, 3ϕ

ONAN/ ONAF Step-up Transformer …… (M/s Power Mech)

It seems selected GSU transformer rating is under sized with reference to 11.5MW @0.85pf with 20% COL. For smooth plant operation we recommend 16.75 MVA 11/ 132 kV ONAF GSU

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Sheets Sheet-7.1.4 Sr. No. – 8/Page No. 4

transformer. Kindly provide your observation / confirmation.

13. Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 11

6.6 kV Copper Conductor XLPE Cables, Cable (M/s Angelique)

We recommend 11kV aluminum conductor XLPE cable in place of copper conductor cable. Kindly provide your observation / confirmation.

11 kV Copper cable shall be provided.

Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 11

6.6 kV Copper Conductor XLPE Cables, Cable (M/s Choudhary Power)

We recommend 11kV aluminum conductor XLPE cable in place of copper conductor cable. Kindly provide your observation / confirmation.

Volume-IV Request For Proposal (RFP)/ Section –7: Bid proposal Sheets Sheet-7.1.4 Sr. No. – 11/Page No. 4

6.6 kV Copper Conductor XLPE Cables, Cable (M/s Power Mech)

We recommend 11kV aluminum conductor XLPE cable in place of copper conductor cable. Kindly provide your observation / confirmation

14. Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 12

110 V 350 AH & 01 Set 110V/60AH capacity DC System consisting of …………… (M/s Angelique)

We understand requirement is for common battery bank (1no. 350AH VRLA) for both plant DC requirement and reliable UPS supply and UPS shall be of suitably size with respect to 60AH. Kindly provide your observation / confirmation.

02 Nos. of 110 V, 350 Ah Battery banks, as per the DPR.

Volume-IV Section – 7: 110 V 350 AH & 01 Set We understand requirement is for common

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Request For Proposal (RFP)

Bid proposal Sheets Sheet-7.1.4 Sr. No. - 12

110V/60AH capacity DC System consisting of …………… (M/s Choudhary Power)

battery bank (1no. 350AH VRLA) for both plant DC requirement and reliable UPS supply and UPS shall be of suitably size with respect to 60AH. Kindly provide your observation / confirmation.

Volume-IV Request For Proposal (RFP)/ Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. – 12/Page No. 5

110 V 350 AH & 01 Set 110V/60AH capacity DC System consisting of …………… (M/s Power Mech)

We understand requirement is for common battery bank (1no. 350AH VRLA) for both plant DC requirement and reliable UPS supply and UPS shall be of suitably size with respect to 60AH. Kindly provide your observation / confirmation.

15. Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 23

6.6 kV Switchgear Panels (M/s Angelique)

We recommend 11kV switchgear in line with proposed generator voltage. Kindly provide your observation / confirmation.

Accepted.

Volume-IV Request For Proposal (RFP)

Section – 7: Bid proposal Sheets Sheet-7.1.4 Sr. No. - 23

6.6 kV Switchgear Panels (M/s Choudhary Power)

We recommend 11kV switchgear in line with proposed generator voltage. Kindly provide your observation / confirmation.

Volume-IV Request For Proposal (RFP)/ Section – 7: Bid proposal

6.6 kV Switchgear Panels (M/s Power Mech)

We recommend 11kV switchgear in line with proposed generator voltage. Kindly provide your observation / confirmation.

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Sheets Sheet-7.1.4 Sr. No. – 23/Page No. 8

16. (M/s Angelique)

Kindly provide detailed technical specification along with switchyard and power house details like respective rout length, MSL, ambient temp. etc. details.

Technical specifications are appended with these replies. DPR may be referred to for other details like MSL, temperature etc.

(M/s Choudhary Power)

Kindly provide detailed technical specification along with switchyard and power house details like respective rout length, MSL, ambient temp. etc. details.

17. Volume-III Section-5: General Conditions of the Contract

24. Extension of time for Completion

New Clause (M/s Angelique)

We request you to kindly include a new clause 24.4 as follows: Notwithstanding anything in this contract, the contractor has right to an extension of the Time for Completion plus the reimbursement of additional costs, if works are delayed by any of the following causes:

A. extra or additional work ordered by the Employer including any change in scope of work.

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

C. Any default or delay in the timelines for the reasons not attributable to the contractor.

D. Reasons attributed to Security related

Time can be extended for any additional work only when the same is beyond the scope of the contract that too approved and ordered by JKSPDC explicitly in writing.

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QUERY JKSPDC RESPONSE

issues around the project location. E. Administrative delays in approvals

Volume-III Section-5: General

Conditions of the Contract

24. Extension of time for

Completion

New Clause (M/s Choudhary Power)

We request you to kindly include a new clause 24.4 as follows: Notwithstanding anything in this contract, the contractor has right to an extension of the Time for Completion plus the reimbursement of additional costs, if he is delayed in completing the Works by any of the following causes: A. extra or additional work ordered by the Employer including any change in scope of work. B. physical obstructions or conditions which could not reasonably have been foreseen by the contractor, including all seismic, hydrological, geological and other sub-surface conditions or concealed conditions on site.” C. Any default or delay in the timelines for the reasons not attributable to the contractor.

Volume-III Section-5: General

Conditions of the Contract/24.

Extension of time for

Completion/Page No.34

New Clause (M/s Power Mech)

We request you to kindly include a new clause 24.4 as follows: Notwithstanding anything in this contract, the contractor has right to an extension of the Time for Completion plus the reimbursement of additional costs, if he is delayed in completing the Works by any of the following causes: A. extra or additional work ordered by the Employer including any change in scope of work. B. physical obstructions or conditions which could not reasonably have been foreseen by the contractor, including all seismic,

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hydrological, geological and other sub-surface conditions or concealed conditions on site.” C. Any default or delay in the timelines for the reasons not attributable to the contractor.

18. RfP Document: Volume III Section-6: Special Conditions of the Contract

Clause No. 3 Price adjustment

The Contract Price shall remain firm and there shall be no scope for price adjustment. Further, the EPC contractor shall not be eligible to claim any interest in case the payment is delayed by the owner on account of any dispute or arbitration etc. (M/s Angelique)

Hydroelectric projects are constructed with a long implementation schedule and hence carries risk in enhancement of material & services cost. Long lead projects where civil components are substantially high are generally being implemented with Price Variation Formula. We request you to allow Price Variation clause under the Contract and provide us relevant formulas.

Price variation shall be allowed in the Contract, in case of reasons attributable to the Owner viz: i. Delay of more than one year

from the last date of financial bid submission to the award of Contract by JKSPDC, provided, however, that the successful bidder responds and submits any clarifications that JKSPDC may ask during the bid evaluation and award stage, in time. The price variation shall be allowed for the period of delay beyond the one year period.

ii. Delay of more than six months in handing over of encumbrance-free land to the EPC Contractor for a particular project component from the start date of that project component as per the agreed construction schedule. The price variation shall be allowed for that particular component only for the period of delay beyond the six month period.

Cl. No.1.3 / Part -2/ Information & Instruction to Applicants

……………………………. This is a fixed EPC Turnkey Lump Sum Fixed Cost contract and no variation on any account shall be allowed in the contract. (M/s Power Mech)

You will kindly appreciate that geological surprises are very common during execution of hydro project resulting in delay in completion of project. Therefore it is requested that price variation may kindly be permitted on delayed works beyond the original contractual period, if the project completion is delayed for reasons not attributable to Contractor. Kindly confirm.

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Payments due on account of price variations shall be made only after successful commissioning of the project. No interest shall be paid to the contractor on account of delay in payment of price variation amount, in any case.

19. Volume-II REQUEST FOR PROPOSAL (RFP)

Section-3 PROJECT PROFILE

REFER COPY OF DPR OF THE PROJECT APPENDED WITH RFQ/RFP (M/s Choudhary Power)

Request you to kindly provide the copy of DPR.

Copy of DPR shall be provided to prospective bidders on submission of a formal request on letterhead along-with proof of purchase of the tender document.

Volume-II REQUEST FOR PROPOSAL (RFP)

Section-4.3 OWNER'S REQUIREMENT ELECTRO-MECHANICAL WORKS GENERAL TECHNICAL SPECIFICATIONS

1.8 Scope of Work 1.8.1 E&M works as defined in DPR. (M/s Choudhary Power)

Request you to kindly provide the copy of DPR.

20. General comment

General comment (M/s Choudhary Power)

Kindly provide the Plant geographical details like Elevation, Seismic zone, Ambient temp etc.

Refer DPR.

General comment

Drawings (M/s Choudhary Power)

Kindly Provide the following drawings :- 1. Power house drawing (Plan & Cross

section) 2. Water Conductor System 3. Electrical Single Line Diagram

21. General Application We understand that the intent of these Confirmed

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Form 4A Application Form 4B Proforma of Joint Undertaking

(M/s Choudhary Power) documents are

To bind the subcontractor (E&M subcontractor) only for the successful technical performance of the guaranteed parameters of the item (s) /equipment as specified in the contract, supplied by such subcontractor.

To bind the subcontractor for Guarantees and warrantees for the item(s)/ equipment supplied by the subcontractor

Kindly confirm the same.

22.

5.1.5.4 Working Capital

In addition, each Applicant shall be required to submit along with his bid, a project specific assured financial commitment from an Indian Nationalized/ Scheduled Bank or Foreign Bank/ Financial institutions of international repute equivalent to the value for working capital. In case of a foreign bank/financial institution the financial commitment should be duly confirmed by its correspondent Indian Bank. The Applicants shall provide an undertaking with their PQ Application that in case found L1 they shall submit, before Award of the Contract, an irrevocable commitment of financing from their bankers,

In addition, each Applicant shall be required to submit along with his bid, a project specific assured financial commitment from an Indian Nationalized/ Scheduled Bank or Foreign Bank/ Financial institutions of international repute equivalent to the value for working capital. In case of a foreign bank/financial institution the financial commitment should be duly confirmed by its correspondent Indian Bank. The Applicants shall provide an undertaking with their PQ Application that in case found L1 they shall submit, before Award of the Contract, an irrevocable commitment of financing from their bankers, valid for the entire construction period including extensions/ delays etc. The undertakings from the Applicants shall be accompanied with letter(s) of comfort from the proposed banker(s). The Financial commitment may be in the following forms:

The clause is modified as under: “In addition, each Applicant shall be required to submit along with his bid, a project specific assured financial commitment from an Indian Nationalized/ Scheduled Bank or Foreign Bank/ Financial institutions of international repute equivalent to the value for working capital. In case of a foreign bank/financial institution the financial commitment should be duly confirmed by its correspondent Indian Bank. The Applicants shall submit alongwith their RfP bid an irrevocable commitment of financing from their bankers, valid for the entire construction period including extensions/ delays etc.

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valid for the entire construction period including extensions/ delays etc. The undertakings from the Applicants shall be accompanied with letter(s) of comfort from the proposed banker(s). (M/s Gaja)

a) Credit Facility from Banker or b) Solvency Certificate

The undertakings from the Applicants shall be accompanied with letter(s) of comfort from the proposed banker(s).”

23. Cl. No.5.1.3/ Hydro Mechanical Works Part - 2 /Information & Instruction to Applicants

ii. Penstocks: Execution of penstock/ steel pipes (including mild steel pipes) of not less than 1.75 m internal diameter and having minimum 500 m of length. (M/s Power Mech)

We request JKSPDC to kindly reduce the length of penstock to 200 m & dia to 1.0 m, for qualification purpose, as allowed by JKSPDC for other RFQs of similar capacity hydro projects (i.e. Durbuk Shyok HEP etc.)

Clause is modified as under: “ii. Penstocks: a) Execution of at least one penstock/ steel pipes (including mild steel pipes) of not less than 2.4 m internal diameter and having minimum 200 m of length.

Or b) Execution of at least two penstock/ steel pipes (including mild steel pipes) of not less than 1.7 m internal diameter and having minimum 200 m of length.

Or c) Execution of at least three penstock/ steel pipes (including mild steel pipes) of not less than 1.5 m internal diameter and having minimum 200 m of length.”

5.1.3 (Hydro Mechanical Works) ii)Penstock

Execution of penstock/steel pipes(incl. Mild steel pipes) of not less than 1.75m internal Diameter and having minimum 500m of length. (M/s Choudhary Power)

As in most of the big Hydro-Projects such a long length of Penstock is not normally executed, so most of the bidders who have experience of execution big hydroelectric projects may not be able to meet this qualification criteria on this account,though meeting all other qualification requirements.It is requested that the qualifying length of the penstock may kindly be reduced to 200m only.

24. 5.1.3 (Hydro Mechanical

The bidder should have carried out design,manufacture,errection

As a design consultant is to be engaged for planning,design and engineering works as sub-contractor, who will be doing the design work

The bidder is allowed to meet the technical requirement of ‘design’ of the Hydromechanical works (of

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Works)

testing and commissioning as prime contractor or as a partner in a joint venture/consortium or as a sub-contractor hydromechanical works and equipment in the preceding 10 years. (M/s Choudhary Power)

of hydro-mechanical works also,therefore the bidder itself having carried out the design of hydro-mechanical works will not be necessary.As such it is requested that this clause may kindly be modified accordingly.

type, number & dimension as specified in Clause 5.1.3) through the subcontractor proposed for Planning, Design & Engineering Works. In such a scenario, client certificate/s, with complete details of the scope of work and specifications, explicitly certifying that the said design/s prepared by such proposed subcontractor has/ have been successfully manufactured, erected and commissioned and has/ have been in trouble-free operation for not less than 05 (five) years post-commissioning, shall be necessarily required. In such case, the balance technical requirement of Hydromechanical works, viz. manufacture, erection, testing and commissioning of the Hydromechanical works of type, number & dimension as specified in Clause 5.1.3 shall be met by the bidder itself or through a sub-contractor.

25. 5.1.5.1 (turnover)

As per this clause the Average Turn over of the preceding 3 years shall atleast be the amount specified here under. 1) For individual Company/Firm

In the earlier tenders the Average annual turn over for a project of such magnitude floated by JKSPDC was, 1.) For individual Company/Firm INR 75 Crore or Eq. USD or Euro 2.) For J.V/Consortium

Clause 5.1.5.1 of RfQ modified as under: “Average annual turnover of the Applicant over the preceding 3 (three) years shall at least be the

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INR 205 Crore or Eq. USD or Euro 2) For JV/Consortium a) Lead partner INR 125 Crores b) Other partners combine INR 80 Crores. (M/s Choudhary Power)

a) Lead Partner INR 40.00 Crore or Eq. USD or Euro b) Other partners combined INR 35.00 Crore or Eq USD or Euro It is such requested That the requirement of Average annual turnover may be modified accordingly.

amount specified hereunder: i. For Individual company/ firm INR. 90 Crore or Eq. USD or Euro. ii. For JV/ Consortium: -

a. Lead Partner INR 50 Crores or Eq. USD or Euro b. Other Partners combined INR. 40 Crore or Eq. USD or Euro.”

26. 6.1.2 (Composition of JV/Consortium)

The partners of the JV/consortium shall necessarily meet one or more of the following technical experience criteria individually. 1) Planning,Design and Engineering works. 2) Civil works, Excluding tunneling works. 3) Electro Mechanical works. (M/s Choudhary Power)

This clause is in contravention of clause 5.2 of qualification criteria where it is mentioned that consortium/JV including sub-contractor shall collectively satisfy as a whole technical as well as financial requirement.This clause may kindly be modified accordingly.

Clause 6.1.2 is modified as under: “6.1.2 The partner(s) of the JV / Consortium shall necessarily meet the following Technical Experience criteria individually:

1) Civil works excluding tunneling works.”

27. Cl. No/5.1.3 Hydro-Mechanical works/Part - 2 /Information & Instruction to Applicants

Bidder may propose sub-contractors for Hydro Mechanical Works. The proposed sub-contractors for the purpose shall necessarily meet all the criteria mentioned above individually. (M/s Power Mech)

We request JKSPDC to kindly incorporate the below mentioned paragraph in the existing clause as already mentioned in previous RFQs. (i) The above criteria of qualification requirement for gates can be met through proposed sub-contractor of the applicant. ii) The above criteria of qualification

It is clarified that the Hydromechanical subcontractor is required to individually meet all of the Hydromechanical qualification criteria viz. both gates and penstocks.

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requirement for Penstock can be met through proposed sub-contractor of the applicant.

28. Cl. No./5.1.4 Electro-Mechanical works/ Part - 2 /Information & Instruction to Applicants

Bidder may propose sub-contractors for Electro Mechanical Works. The proposed sub-contractors for the purpose shall necessarily meet all the criteria mentioned above individually. (M/s Power Mech)

We request JKSPDC to kindly incorporate the below mentioned paragraph in the existing clause as already mentioned in previous RFQs. “The above criteria of qualification requirement can be met through proposed sub-contractors of the applicant.”

It is clarified that the Electromechanical subcontractor is required to individually meet all of the Electromechanical qualification criteria.

29. Cl.No/5.1.1 Planning, Design & Engineering Works/Part - 2 /Information & Instruction to Applicants

The applicant shall furnish the particulars of specialists proposed to be engaged for the project as per the prescribed format. The proposed specialist must have experience of working for projects with above mentioned features. The specialist may be on the rolls of the company or must be a committed associate (with a letter of consent from Expert). Bidder shall be allowed to propose 01 sub-contractor for Planning, Design & Engineering Works. (M/s Power Mech)

We request JKSPDC to kindly incorporate the below mentioned paragraph in the existing clause as already mentioned in previous RFQs. “The above criteria of qualification requirement can be met through proposed sub-contractor of the applicant.”

Bid provisions are clear.

30. Cl.No/5.1.2 Civil Works/Part

A Tunnel of minimum 2.5 m finished dia and having length

We request JKSPDC to kindly incorporate the below mentioned paragraph in the existing

Bid provisions are clear.

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- 2 /Information & Instruction to Applicants

not less than 1.0 KM. Bidder shall be allowed to propose 01 sub-contractor for Tunnelling Works. (M/s Power Mech)

clause as already mentioned in previous RFQs. “The above qualification requirement of Tunnelling works can be met through proposed sub-contractor of the applicant.”

31. Joint Deed of Undertaking and Letter of Authorization

Form-ITB.6 and Application Form 4A

(M/s Angelique)

Both the form does not expressly limit the liability of the Sub-Contractor. So we request you to kindly include the following clause in both the forms: All rights, obligations and liabilities of the

Sub-Contractor shall be governed by the terms of its contract with the Bidder and its maximum liability would be limited to 100% of its sub-let works only.

Bid provisions shall prevail.

32. Volume-III Section-5: General Conditions of the Contract

1. Definitions 1.7 "Contract Price" means the Lump sum fixed Contract Price stated in the Letter of Acceptance payable to the contractor for Engineering Procurement and Commissioning of the project and the remedying of any defects therein in accordance with the provisions of the contract. Fixed price contract shall include every financial liability created under the terms of contract and any other liability created during and after

We request you to kindly modify the clause as; “Contract Price" means the sum stated in the Letter of acceptance as payable to the contractor for execution and completion of the works and the remedying of any defects therein in accordance with the provisions of the contract.

Bid provisions shall prevail.

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the execution of the Contract viz-a-viz Contract”. (M/s Angelique)

Volume-III Section-5: General Conditions of the Contract

1. Definitions

1.7 "Contract Price" means the Lump sum fixed Contract Price stated in the Letter of Acceptance payable to the contractor for Engineering Procurement and Commissioning of the project and the remedying of any defects therein in accordance with the provisions of the contract. Fixed price contract shall include every financial liability created under the terms of contract and any other liability created during and after the execution of the Contract viz-a-viz Contract”. (M/s Choudhary Power)

We request you to kindly modify the clause as; “Contract Price" means the sum stated in the Letter of acceptance as payable to the contractor for execution and completion of the works and the remedying of any defects therein in accordance with the provisions of the contract.

Volume-III Section-5: General Conditions of the Contract/1. Definitions

1.7 "Contract Price" means the Lump sum fixed Contract Price stated in the Letter of Acceptance payable to the contractor for Engineering Procurement and Commissioning of the project and the remedying of any defects therein in accordance

We request you to kindly modify the clause as; “Contract Price" means the sum stated in the Letter of acceptance as payable to the contractor for execution and completion of the works and the remedying of any defects therein in accordance with the provisions of the contract.

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with the provisions of the contract. Fixed price contract shall include every financial liability created under the terms of contract and any other liability created during and after the execution of the Contract viz-a-viz Contract”. (M/s Power Mech)

33. Volume-III Section-5: General Conditions of the Contract

7.Care of Works

The Contractor shall take full responsibility for the care of the Works or any Section or part of the Works from the Date of Order to Commence as defined in Article 22 until the Date of Completion and thereof till Defect Liability Period as specified in contract (as defined in Article 26 and 27), (M/s Angelique)

We request you to kindly modify the clause as; The contractor shall take full responsibility for the care of the Works or any Section or part of the Works from the Date of Order to Commence as defined in Article 22 until the Date of Completion.

Bid provisions shall prevail.

Volume-III Section-5: General Conditions of the Contract

7.Care of Works

The Contractor shall take full responsibility for the care of the Works or any Section or part of the Works from the Date of Order to Commence as defined in Article 22 until the Date of Completion and thereof till Defect Liability Period as specified in contract (as defined in Article 26 and 27),

We request you to kindly modify the clause as; The contractor shall take full responsibility for the care of the Works or any Section or part of the Works from the Date of Order to Commence as defined in Article 22 until the Date of Completion.

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(M/s Choudhary Power)

Volume-III Section-5: General Conditions of the Contract/7.Care of Works/page no 13

The Contractor shall take full responsibility for the care of the Works or any Section or part of the Works from the Date of Order to Commence as defined in Article 22 until the Date of Completion and thereof till Defect Liability Period as specified in contract (as defined in Article 26 and 27), (M/s Power Mech)

We request you to kindly modify the clause as; The contractor shall take full responsibility for the care of the Works or any Section or part of the Works from the Date of Order to Commence as defined in Article 22 until the Date of Completion.

34. Volume-III Section-5: General Conditions of the Contract

26. Completion Of Works

26.3............ In such case, any remaining tests shall be performed by the Contractor thereafter at the first available opportunity during the said Defects Liability Period. (M/s Angelique)

In clause no. 26.2, we request you to add the following paragraph after the last sentence. The units shall be deemed to be taken over in case of the following: a) Use by Employer for Commercial

Generation b) The taking over is delayed for more than 30

days from the date of commissioning for reasons not attributable to the contractor.

c) Project execution is delayed, for reasons beyond contractor control, for more than 12 months from the date of delivery of last substantial consignment or from storage certificate/warehouse receipt. The Employer shall issue a Certificate of Completion in the above case and the Defect liability period shall start.

Bid provisions shall prevail.

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

Volume-III Section-5: General

Conditions of the Contract

26. Completion Of Works

26.3............ In such case, any remaining tests shall be performed by the Contractor thereafter at the first available opportunity during the said Defects Liability Period. (M/s Choudhary Power)

In clause no. 26.2, we request you to add the following paragraph after the last sentence. The units shall be deemed to be taken over in case of the following: a) Use by Employer for Commercial

Generation b) The taking over is delayed for more than 30

days from the date of commissioning for reasons not attributable to the contractor.

c) Project execution is delayed, for reasons beyond contractor control, for more than 12 months from the date of delivery of last substantial consignment or from storage certificate/warehouse receipt. The Employer shall issue a Certificate of Completion in the above case and the Defect liability period shall start.

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

Volume-III Section-5: General

Conditions of the Contract/26. Completion Of Works/Page

No. 34

26.3............ In such case, any remaining tests shall be performed by the Contractor thereafter at the first available opportunity during the said Defects Liability Period. (M/s Power Mech)

In clause no. 26.2, we request you to add the following paragraph after the last sentence. The units shall be deemed to be taken over in case of the following: a) Use by Employer for Commercial

Generation b) The taking over is delayed for more than 30

days from the date of commissioning for reasons not attributable to the contractor.

c) Project execution is delayed, for reasons beyond contractor control, for more than 12 months from the date of delivery of last substantial consignment or from storage certificate/warehouse receipt. The Employer shall issue a Certificate of Completion in the above case and the Defect liability period shall start.

Also, please replace the last sentence with the

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

35. Volume-III Section-5: General Conditions of the Contract

27. Defects Liability Period

New Clause (M/s Angelique)

We request you to please add the following new clause 27.7: Contractor’s defects liability shall expressly exclude availability of the Works, erosion and corrosion, wear and tear, improper operation and/or maintenance, as well as third party repairs or modifications. The express defects liability in this Article is the only liability of the contractor for defects that shall apply. No other liabilities for defects or warranties, whether statutory, oral, expressed or implied shall apply. In particular, there are no implied warranties of merchantability or fitness or a particular purpose. Repairing, Modification or replacement of defective goods shall be the sole remedy against defective equipment.

Bid provisions shall prevail.

Volume-III Section-5: General

Conditions of the Contract

27. Defects Liability Period

New Clause (M/s Choudhary Power)

We request you to please add the following new clause 27.7: contractor’s defects liability shall expressly exclude availability of the Works, erosion and corrosion, wear and tear, improper operation

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and/or maintenance, as well as third party repairs or modifications. The express defects liability in this Article is the only liability of the contractor for defects that shall apply. No other liabilities for defects or warranties, whether statutory, oral, expressed or implied shall apply. In particular, there are no implied warranties of merchantability or fitness or a particular purpose. Repairing, Modification or replacement of defective goods shall be the sole remedy against defective equipment.

Volume-III Section-5: General

Conditions of the Contract/27. Defects Liability Period/Page No

36

New Clause (M/s Power Mech)

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

36. Volume-III Section-5: General Conditions of the Contract

Clause 29. Extent of General Liability

New Clause (M/s Angelique)

We request you to kindly include the following new Clause 29.5 “contractor’s aggregate liability for and all claims of any kind, for any loss, damage or expense arising out of or connected with the

Bid provisions shall prevail.

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 30 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

Works or this Contract or breach thereof, together with the cost of performing make good obligations to pass performance tests shall in no event exceed 100% of the Contract Price. The limitations and exclusions of liability set forth in this clause shall take precedence over any other provision of this Contract and shall apply whether the claim for liability is based on contract, tort (including negligence) or otherwise.”

Volume-III Section-5: General

Conditions of the Contract

Clause 29. Extent of General Liability

New Clause (M/s Choudhary Power)

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

Volume-III Section-5: General Conditions of the Contract/Clause 29. Extent of

New Clause (M/s Power Mech)

We request you to kindly include the following new Clause 29.5 “contractor’s aggregate liability for and all claims of any kind, for any loss, damage or expense arising out of or connected with the Works or this Contract or breach thereof, together with the cost of performing make good

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 31 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

General Liability/page no. 38

obligations to pass performance tests shall in no event exceed 100% of the Contract Price. The limitations and exclusions of liability set forth in this clause shall take precedence over any other provision of this Contract and shall apply whether the claim for liability is based on contract, tort (including negligence) or otherwise.”

37. Volume-III Section-6: Special Conditions of the Contract

Section 6.3: Special Conditions Of Contract Supply Of Hydro mechanical And Electro mechanical Plant & Machinery

1.2. Any requirements of work whether requested by the Owner or otherwise and whether specifically described in the Contract or not but are necessary or required for the proper completion and functioning of the Works in accordance with the Contract including remedying of any gaps and deficiencies in the Works shall not be deemed to be any change in the scope of work, and shall not entitle the Contractor for any payment over and above (M/s Angelique)

Request you to delete the sub-clause 1.2.

Bid provisions shall prevail.

Volume-III Section-6:

Special Conditions of the Contract

Section 6.3: Special

Conditions Of Contract

Supply Of Hydro

1.2. Any requirements of work whether requested by the Owner or otherwise and whether specifically described in the Contract or not but are

Request you to delete the sub-clause 1.2.

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 32 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

mechanical And Electro mechanical

Plant & Machinery

necessary or required for the proper completion and functioning of the Works in accordance with the Contract including remedying of any gaps and deficiencies in the Works shall not be deemed to be any change in the scope of work, and shall not entitle the Contractor for any payment over and above Contract Price. (M/s Choudhary Power)

Volume-III Section-6:

Special Conditions of the Contract/ Section 6.3:

Special Conditions Of

Contract Supply Of Hydro

mechanical And Electro

mechanical Plant &

Machinery

1.2. Any requirements of work whether requested by the Owner or otherwise and whether specifically described in the Contract or not but are necessary or required for the proper completion and functioning of the Works in accordance with the Contract including remedying of any gaps and deficiencies in the Works shall not be deemed to be any change in the scope of work, and shall not entitle the Contractor for any payment over and above Contract Price.

Request you to delete the sub-clause 1.2.

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 33 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

(M/s Power Mech)

38. Section 6.3: Special Conditions Of Contract Supply Of Hydro mechanical And Electromechanical Plant & Machinery

New Clause (M/s Angelique)

We request to kindly include the following clause pertaining to the suspension and termination rights for the contractor as below. Suspension by contractor: The contractor may suspend performance of all or any part of his obligations for such period of time that the Employer is in delay with any of his obligations in connection with the Contract including, amongst others, payment of any due amount or opening, amendment, and extension of L/C as required by the contractor. Additionally, the contractor shall have the right to extend such suspension for the time the contractor reasonably may need to resume his obligations (e.g. for reason of machine utilization, remobilization of workforce, etc.). Upon such suspension, the contractor shall be entitled to an adequate extension of the Time for Completion and to reimbursement of any costs, damages and losses incurred by him due to such suspension. Termination By contractor (i) The contractor may terminate the Contract if

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

Bid provisions shall prevail.

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 34 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

Contract by the contractor or (ii) if the Employer substantially fails to perform his obligations under the Contract or (iii) if the execution of delivery or the inception or continuation of Works is made impossible for reasons within the responsibility of the Employer and if the delay is extended beyond a grace period of 30 (thirty) days.

(ii) The contractor shall further be entitled to

receive from the Employer the agreed Contract Price deducting the costs saved by reason of termination prior to completion of the Contract.

(iii) Any such termination shall be without

prejudice to any other rights of the contractor under the Contract or the Law. On such termination, the contractor shall be entitled to stop any Works related to the Contract and to remove immediately all contractors’ equipment, which is on site.

Section 6.3: Special

Conditions Of Contract Supply

Of Hydro mechanical And Electromechani

cal Plant & Machinery

New Clause (M/s Choudhary Power)

We request to kindly include the following clause pertaining to the suspension and termination rights for the contractor as below. Suspension by contractor: The contractor may suspend performance of all or any part of his obligations for such period of time that the Employer is in delay with any of his obligations fin connection with the Contract including, amongst others, payment of any due

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 35 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

amount or opening, amendment, and extension of L/C as required by the contractor. Additionally, the contractor shall have the right to extend such suspension for the time the contractor reasonably may need to resume his obligations (e.g. for reason of machine utilization, remobilization of workforce, etc.). Upon such suspension, the contractor shall be entitled to an adequate extension of the Time for Completion and to reimbursement of any costs, damages and losses incurred by him due to such suspension. Termination By contractor (i) The contractor may terminate the Contract if

(i) the Employer does not remedy the default of delay in payment or issuance, amendment or maintenance of payment security within 30 (thirty) days after having received the notice of suspension of the Contract by the contractor or (ii) if the Employer substantially fails to perform his obligations under the Contract or (iii) if the execution of delivery or the inception or continuation of Works is made impossible for reasons within the responsibility of the Employer and if the delay is extended beyond a grace period of 30 (thirty) days.

(ii) The contractor shall further be entitled to

receive from the Employer the agreed

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 36 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

Contract Price deducting the costs saved by reason of termination prior to completion of the Contract.

(iii) Any such termination shall be without

prejudice to any other rights of the contractor under the Contract or the Law. On such termination, the contractor shall be entitled to stop any Works related to the Contract and to remove immediately all contractors’ equipment, which is on site.

Vol-III/Section 6.3: Special Conditions Of Contract Supply Of Hydro mechanical And Electromechanical Plant & Machinery

New Clause (M/s Power Mech)

We request to kindly include the following clause pertaining to the suspension and termination rights for the contractor as below. Suspension by contractor: The contractor may suspend performance of all or any part of his obligations for such period of time that the Employer is in delay with any of his obligations fin connection with the Contract including, amongst others, payment of any due amount or opening, amendment, and extension of L/C as required by the contractor. Additionally, the contractor shall have the right to extend such suspension for the time the contractor reasonably may need to resume his obligations (e.g. for reason of machine utilization, remobilization of workforce, etc.). Upon such suspension, the contractor shall be entitled to an adequate extension of the Time for Completion and to reimbursement of any costs, damages and losses incurred by him

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 37 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

due to such suspension. Termination By contractor (i) The contractor may terminate the Contract if

(i) the Employer does not remedy the default of delay in payment or issuance, amendment or maintenance of payment security within 30 (thirty) days after having received the notice of suspension of the Contract by the contractor or (ii) if the Employer substantially fails to perform his obligations under the Contract or (iii) if the execution of delivery or the inception or continuation of Works is made impossible for reasons within the responsibility of the Employer and if the delay is extended beyond a grace period of 30 (thirty) days.

(ii) The contractor shall further be entitled to

receive from the Employer the agreed Contract Price deducting the costs saved by reason of termination prior to completion of the Contract.

(iii) Any such termination shall be without

prejudice to any other rights of the contractor under the Contract or the Law. On such termination, the contractor shall be entitled to stop any Works related to the Contract and to remove immediately all contractors’ equipment, which is on site.

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 38 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

39.

Volume-III Section-6: Special Conditions of the Contract

Annexure- 6.3.1 Proforma of Undertaking by the contractor for supply of spares and technical services

.., the Sub-Contractor and the Applicant/Contractor do hereby declare that we shall be jointly and severally bound to the Owner, for the successful performance of the * (proposed sub-let works) in accordance with the Contract (M/s Choudhary Power)

We request you to kindly modify the clause; “…the Sub-Contractor and the Bidder/Contractor do hereby declare that we shall be jointly and severally bound to the J&K state Power Development Corporation Limited., for warranty, guarantees and the successful technical performance of the (proposed sub-let works) in accordance with our Contract (hereinafter referred to as the Sub-let Work).”

Bid provisions shall prevail.

Volume-III Section-6: Special Conditions of the Contract/ Annexure- 6.3.1 Proforma of Undertaking by the contractor for supply of spares and technical services

.., the Sub-Contractor and the Applicant/Contractor do hereby declare that we shall be jointly and severally bound to the Owner, for the successful performance of the * (proposed sub-let works) in accordance with the Contract. (M/s Power Mech)

We request you to kindly modify the clause; “…the Sub-Contractor and the Bidder/Contractor do hereby declare that we shall be jointly and severally bound to the J&K state Power Development Corporation Limited., for warranty, guarantees and the successful technical performance of the (proposed sub-let works) in accordance with our Contract (hereinafter referred to as the Sub-let Work).”

40.

Volume-I Section-II: Bid Forms

Form ITB.6 Proforma of Joint Undertaking by the sub-contractor and the bidder / contractor

In consideration of the award of Contract by the Owner to the Bidder (hereinafter referred to as the “Contractor”) we, the Sub-Contractor and the Bidder/Contractor do hereby declare that we shall be jointly and severally bound to the J&K

We request you to kindly modify the clause as: “In consideration of the award of Contract by the Owner to the Bidder (hereinafter referred to as the “Contractor”) we, the Sub-Contractor and the Bidder/Contractor do hereby declare that we shall be jointly and severally bound to the J&K Power Development Corporation Limited., for the successful performance of the

Bid provisions shall prevail.

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 39 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

Point 1.0 Power Development Corporation Limited., for the successful performance of the proposed sub-let works in accordance with the Contract. (M/s Choudhary Power)

proposed sub-let works in accordance with our Contract (hereinafter referred to as the Sub-let Work).”

41.

Request for Qualification

Application Form 4A Letter of Authorization

………manufactured by us and shall be jointly and severally responsible with M/s ______________ (Name of the EPC Contracting Company) for the performance of the Contract(s), for the items of equipment mentioned, if awarded. (M/s Choudhary Power)

We request you to kindly modify the clause as: “……….manufactured by us and shall be jointly and severally responsible with M/s ______________ (Name of the EPC Contracting Company) for the performance of our Contract (proposed sub-let work), for the items of equipment mentioned, if awarded.”

Bid provisions shall prevail.

42. 5.1.2 (CIVIL WORK)

The bidder should have successfully completed civil or structural works related to water resources/marine/hydroproject/power project in the last 10 years (M/s Choudhary Power)

i) In the earlier tenders floated by the department from time to time in the qualification criteria for the hydro projects it was provided that the bidder should have successfully completed works/work in any of the following types of project:- Power/Ports/Airports/Dockyard/Steel plants/Gass pipe lines /Canals/Dam/Bridges and irrigation works. Pertenant to mention here that the works of Canal/Dams/Irrigation works/Bridges/Roads/Airports come under the category of infrastructure works, as such it is requested that the qualification criteria may kidly be modified accordingly and kept the

Bid provisions shall prevail.

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REPLIES TO PRE BID QUERIES ANS-II HEP BY JKSPDC

Page 40 of 40

S. NO.

RFQ DOCUMENT TENDER CLAUSE NO. BID REQUIREMENTS

QUERY JKSPDC RESPONSE

same as provided in the earlier tenders.

43. 5.1.5.2 (Profitability)

Each member of consortium/JV should have earned net profit(before taxes) for preceding 3 years(three) financial years.The bidder should not be under debt restructuring at the time of submission of bid. (M/s Choudhary Power)

Kindly increase the consideration years to preceding 5(five) years out of which any 3(three) years the bidder shall have earned net profit(before taxes).The reason being that the infrastructure works in the country have suffered due to slow market growth,demonetization,implementation of GSTand slow down in hydropower sector.

Bid provisions shall prevail.

~~~

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S.No Equipment/ Specification ANS-II

A GENERATOR:

1 Shaft Orientation Vertical

2 Speed & Direction of Orientation 375 rpm (Anti Clock wise when viewed from top)

3 Phases 3

4 Voltage between Phases 11 KV

5 Voltage Variation ± 5%

6 Frequency 50 Hz

7 Frequency Variation ± 3%

8 Guaranteed Rated Output for one machine 13.53 MVA considering 10% overload

9 Power Factor 0.85 lagging

10 Maximum Permissible temperature rise:

(a) Stator Shall not exceed 125°C

(b) Rotor Shall not exceed 125°C

11Guaranteed Overall Efficiency at rated voltage,

frequency, Power Factor98.50%

12 Short Circuit Ratio Not less than 1.1 (to be determined during the

detailed design process)

13 Class of Insulation (Stator & Rotor) Class F limited to Class B temperature rise

14 Bearing Arrangement Suspended type

15 Standard IEC 60308

B TURBINE:

1 Type of Turbine / Shaft Orientation Francis, vertical shaft

2 Rated Output at rated head 11.5 MW + 10% overload capacity

3 Rated Speed 198 rpm

4 Rated Discharge 17.38 m³/sec

5 Guaranteed Efficiency at rated head 93%

Page 1 of 3

Technical Specifications

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S.No Equipment/ Specification ANS-II

6 Run Away Speed To co-ordinate with Turbine manufacturer

7 Pressure Rise Less than 35% of Static Head

8 Permissible Temperature Rise 85°C to 80°C

9 Runner 13:4 Stainless Steel

1 TURBINE GOVERNOR: PID type IEC 60308

2 Oil PressureTo maintain a constant speed of the turbine so that

designed frequency and voltage be maintained

3Alternate Arrangement to maintain High

PressureSurge tank is the necessary safegaurd

4 Standard IEC 60308

5 Functions Sreed Control (Autometically and Manually)

C GENERATOR TRANSFORMER:

1 Type Three Phase OFWF Core / Shell type

2 Rated Capacity 15 MVA

3 Rated Output on all Tappings 13.53 MVA

4 Voltage Ratio 11 KV/ 132 KV

5 Rated Frequency 50 Hz ± 3% (48.5 Hz to 51.5 Hz)

6 Type of Cooling OFWF

7 Cooling Medium Oil

8 Duty Continuous

9 Overload Capacity 10%

10 Earthing Effectively Earthed

11 Power Frequency Withstand Voltage 275 KV (RMS at H.V), 20 KV (RMS at L.V/H.V Neutral)

D EXCITATION SYSTEM:

1 Type Digital static type

2 Digital Voltage Regulator PLC Card with digital display microprocessor technology

Page 2 of 3

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S.No Equipment/ Specification ANS-II

E PROTECTION SYSTEM

1 Protection

(a) Generator

LAVT cubical for lightning surg. Potential

Transformer/ NGT cubical for Generator protection.

Numeric type integrated protection relays with 100%

redundency.

(b) Excitation SystemOver current/ earth fault protection, differencial

protection

(c.) Generator Transformer Numeric type integrated protection relays with 100%

redundency

Page 3 of 3

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Annexure to Replies to Prebid Queries

PAGE 1 OF 17

PRICE ADJUSTMENT

(This shall only be applicable in case of delay on account of reasons attributable to the

Owner and the conditions as explicitly defined in the replies to the prebid queries)

(The EPC Contract does not have any Foreign Currency Component. As such, Foreign Currency Component and its

connected formulae/ indices, wherever reflected in this Annexure, shall not be considered.)

(i) The Contract Price shall be subject to Price Adjustment during performance

of the Contract to reflect changes in the cost of labour and material compo-

nents etc. in accordance with the provisions described below.

(ii) The Price Adjustment provisions shall be applicable separately for price com-

ponents relating to supply of Equipment and Erection, as per price break-up

furnished by the Contractor in Schedule-1/ Schedule-2 and Schedule-4. (iii) Only following components of the Contract Price will be subject to Price

Adjustment:

(a) Ex-Works (India) Price of Plant and Equipment excluding Mandatory

Spares manufactured within the Employer's Country (covered in

Schedule 2) and FOB Price component for Plant and Equipment ex-

cluding Mandatory Spares supplied from abroad (covered in Schedule

1). The Price Adjustment amount towards these Price component

shall be subject to a ceiling of twenty percent (20%) of Ex-works and

FOB Price component of the Contract Price respectively.

(b) Installation Services component of the Contract Price (covered in

Schedule 4).

(c) Civil Works Component of the Contract Price (covered in Schedule-4)

(iv) Price Adjustment amounts towards aforesaid components of Contract Price

shall be paid in the respective currencies of Contract. Specified ceilings on

amount of Price Adjustment shall be applicable for each of the Contract cur-

rencies separately.

(v) The indices for Price Adjustment shall necessarily be of the country of ori-

gin of goods/labour and shall be well established and nationally recognized in

that country. Preferably Government indices shall be used.

(vi) The Price Adjustment formula for the components of the Contract Price, as

mentioned at Sl.No. (iii) above shall be as stipulated hereinafter.

(vii) Ex-Works/FOB Price component of Plant and Equipment excluding Man-

datory Spares and Type Test Charges

It is understood that the Price component of the equipment for any shipment/

dispatch comprises of a fixed portion (designated as 'F' and the value of

which is specified hereunder) and a variable portion linked with the indices for

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PAGE 2 OF 17

various materials and labour (description and co-efficient as enumerated

below).

The amount of Price Adjustment towards variable portion payable/recoverable

on each shipment/dispatch shall be computed as under :

EC = EC1 - EC0

EC1 will be computed as follows :

A1 B1 C1

EC1= EC0 { F + a x ----- x f1 + b x ------ x f2 + c x ------ x f3 +

A0 B0 C0

L1

Lb x ------ x fLb} L0

Where

EC = Adjustment to Ex-Works/FOB Price component expressed in

the currency of the Contract payable to the contractor for each

shipment/dispatch.

EC1 = Adjusted amount of Ex-works/FOB Price component expressed

in the currency of the Contract payable to the Contractor for each shipment/dispatch.

EC0 = Ex-works/FOB Price for the Plant and Equipment in the cur-

rency of the Contract, shipment/dispatch wise.

- The fixed portion of the Ex-works/FOB component of the Con-

tract Price (F) shall be 0.15.

- a,b,c etc. shall be co-efficient of major materials/items involved in

the Ex-works/FOB Component of the Contract Price. The

sum of these co-efficients shall be between 0.50 to 0.60.

- A,B,C etc. shall be published Price indices of corresponding

major materials/items. Such indices shall necessarily be of

the country of origin of goods.

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PAGE 3 OF 17

- 'Lb" shall be co-efficient for labour component in the Ex-works/

FOB Component of the Contract Price which shall be between

0.25 to0.35.

'L' shall be labour index.

- Sum of all the material co-efficients and the labour co-efficient

shall be 0.85.

f1, f2 - f1,f2,f3 etc. are Exchange rate correction factors for the res-

f3, fLb etc. pective materials and fLb is the exchange rate correction fac-

tor for labour with reference to the currency of the country of

origin of index and the respective contract currency, such that

Z0 f = ----

Z1

where Z is the no. of units of the currency of the country of the origin of in-

dex, which is equivalent to one unit of the respective contract currency. The

exchange rates to be used for calculation of factor 'f' shall be as per Bills

Selling Exchange Rates established by the STATE BANK OF

INDIA.,….,Jammu

For the indices, subscript 'o' refers to indices as on 30 days prior to date set for opening of bids. For 'Z0' subscript 'o' refers to value as on the date

of opening of bids.

Subscript '1' refers to indices/exchange rates as of :

(a) three months/ninety (90) days prior to the date of shipment/dispatch

for labour, and

(b) at the expiry of two third (2/3) period from the date of Notification of

Award to the date of shipment/dispatch, for material.

For the purpose of this clause the date of shipment/dispatch shall mean the

Schedule date of shipment/dispatch or actual date of shipment/dispatch,

whichever is earlier. The schedule date of shipment/dispatch shall be as

identified in line with provisions of Time Schedule, Appendix-4 to the Contract

Agreement.

Price Adjustment on Ex-works Prices for the Plant and Equipment (Schedule- 2) and FOB Price for Plant and Equipment (Schedule-1) shall be subject to

separate ceilings of twenty percent (20%) of Ex-Works Price and FOB Price

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PAGE 4 OF 17

component of the Contract Price respectively. The actual payment of esca-

lation at any stage shall not exceed 20% of cummulative Ex-Works Price or

FOB Price of Plant and Equipment already supplied, as the case may be.

Any escalation at any stage exceeding the aforesaid actual payment in either

the Ex-works Price Component or the FOB Price Component shall be kept

to the credit of the contractor and shall be released as and when the actual

payment of escalation falls below 20% of cummulative Ex-works Price or

FOB of Plant and Equipment already supplied, as the case may be. Any un-

adjusted credit shall however, lapse when the actual cumulative Price Adjust-

ment payments reach the respective ceiling amount of 20% of Ex-works

Price or FOB Price component of the Contract, as the case may be. The

specified ceiling of 20% of the adjustment amount towards Ex-works or

FOB Price of the Plant and Equipment shall be applicable for each of the

Contract Currencies separately and Price Adjustment amount shall be com-

puted and payable/recoverable in respective currencies.

In case of shipments/dispatches which are delayed beyond the schedule

date of shipment/dispatch for reasons attributable to the Contractor the Price

adjustment provision shall not be applicable for the period of time between

the schedule date of shipment/dispatch and the actual date of shipment/des-

patch. For this purpose, the schedule date of shipment/dispatch shall be as

given above.

The above formula for Price Adjustment will be applicable if the currency in

which the Contract Price is expressed is different from the Currency of the

country of origin of labour and material indices. In other case, formula shall

be applied without the exchange rate correction factor 'f'.

(viii) Installation Services [excluding Planning, Design & Engineering and

Civil Works (including Structural Steel Works), Allied Works etc.] Com-

ponent (covered in Schedule-4)

It is understood that the Price component for installation services comprises of

a fixed portion and a variable portion linked with the index of labour (de-

scription and coefficients as enumerated).

The monthly Price Adjustment amount for the installation services component

of the Contract Price will be computed separately for Indian currency and for

foreign currency portion, if any, related to expatriate supervision/labour as per

the formula given below:

(a) Indian Rupee portion of the Installation Services

ER = ER1 - ER0

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PAGE 5 OF 17

ER1 will be computed as follows :

F1)

ER1 = ER0 (0.15 + 0.85 ----

)

F0

Where :

ER = Adjustment to Installation services component of Contract Price

expressed in Indian Rupees payable to the contractor for each

billing.

ER1 = Adjusted amount of Installation services component of Contract Price expressed in Indian Rupees payable to the Contractor.

ER0 = Value of the Installation work done in the billing period, which

shall be calculated as under:

For the purpose of computing ER0, each bill (which is exclud-

ing Initial Advance and amount payable on completion of the Facilities and on successful completion of Guarantee test) dur- ing the Erection period up to the 'Completion of the Facilities' shall be divided by a factor as indicated below:

Installation Services _ [Initial Advance amount+Installa-

component of the tion services of Installation com-

Contract Price ponent of the Contract Price

payable on completion of the

Facilities + Installation services

component of the Contract

Price payable on successful

completion of Guarantee test]

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

Installation Services component of the Contract Price

The payment of Price Adjustment amount so computed (refer

Sr.No. F, Appendix-1) shall be made against a separate in-

voice, linking the corresponding invoice for Installation payment

after retaining the pro-rata amount due on completion of the

Facilities and on Completion of the Guarantee Tests. The

amounts so retained shall be paid on completion of the Facili-

ties and on successful completion of Guarantee Tests respec-

tively.

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PAGE 6 OF 17

F = Indian field labour index namely, All India Consumer Price Index

for Industrial Workers (All India Monthly Average) as published

by Labour Bureau, Simla, Government of India.

(b) Foreign Currency portion of the Installation

Services

EE = EE1 - EE0

EE1 will be computed as follows

: EE1 = EE0 (0.15 + 0.85 EF1 x

f)

---------

EF0

Where

EE = Adjustment to Installation services component of Contract Price

expressed in foreign currency payable to the contractor for

each billing.

EE1 = Adjusted amount of Installation services component of Contract

Price expressed in foreign currency payable to the contractor for each billing.

EE0 = Value of foreign currency portion of Erection work done in the

billing period which shall be calculated as under :

For the purpose of computing EE0, each bill (which is exclud-

ing Initial Advance and amount payable on Completion of the Facilities and on successful Completion of the Guarantee test) during the Erection period upto the 'Completion of the Fa- cilities' shall be divided by a factor as indicated below:

Installation Services _ [Initial Advance amount+Installa-

component of the tion services of Installation com-

Contract Price ponent of the Contract Price

payable on completion of the

Facilities + Installation services

component of the Contract

Price payable on successful

completion of Guarantee test]

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

Installation Services component of the Contract Price

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PAGE 7 OF 17

The payment of Price Adjustment amount so computed (refer

S.No. F, Appendix-1) shall be made against a separate invoice,

linking the corresponding invoice for Installation payment after

retaining the pro-rata amount due on completion of the Facili-

ties and on Completion of the Guarantee Tests. The amount

so retained shall be paid on completion of the facilities and on

successful completion of the Guarantee Tests respectively.

EF = Index for Expartriate field labour component of the Erection

Price of Installation work. Such index shall necessarily be of

the country of nationality of the labour.

f = Exchange rate correction factor for expatriate labour with refer-

ence to currency of country of origin of index for expatriate

labour and the respective contract currency, such that

Z

0

f = ----------- Z1

where Z is the no. of units of the currency of the country of origin of index,

which is equivalent to one unit of the respective contract currency. The ex-

change rates to be used for calculation of factor 'f' shall be as per Bills

Selling Exchange Rates established by the STATE BANK OF

INDIA,……,Jammu.

For the indices, subscript 'o' refers to indices as on 30 days prior to date set for opening of bids. For 'Z0', subscript 'o' refers to value as on the

date of opening of bids.

For the indices, subscript '1' refers to the indices as applicable for the

month of execution of the erection work. For the exchange rates, subscript

'1' refers to the exchange rates as applicable on the last day of the month

of execution of the erection work. For the purpose of this clause, month of

execution of erection work shall mean the schedule month of execution of

the erection work or actual month of execution of the erection work, which-

ever is earlier. The schedule date for completion of a particular erection

activity shall be as identified in line with provisions of Time schedule, Appen-

dix-4 to the Contract Agreement.

The above formula for foreign exchange portion of Installation Services Com-

ponent of Contract Price shall be applicable if the currency in which the con-

tract Price has been expressed is different from the currency of country of

origin of indices for foreign labour. In other cases, the formula shall be ap-

plied without exchange rate correction factor 'f'.

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PAGE 8 OF 17

Price Adjustment on Erection Portion of installation component of the Con-

tract Price shall be without any ceiling.

In case of erection activities which are delayed beyond the schedule date for

reasons attributable to the contractor, the Price Adjustment provision shall not

be applicable for the period of time between the schedule date of completion

and actual date of completion of the respective erection activity. For this

purpose, the schedule date for completion of a particular erection activity

shall be as given above. (ix) Civil Works (including Structural Steel Works), Allied Works etc. Price

Component

The Price Adjustment formula for the various components of the Con- tract

Price shall be construed as stipulated hereinafter. The formula designed

for governing and calculating the Price Adjustment to be ap- plied to the

Contract Price shall be as follows:

a) Category-I: STRUCTURAL STEEL SUPPORTS - Steel Ribs, Steel lag-

ging and metal works (steel) including steel pipes for Civil Works (in-

cluding Structural Steel Works), Allied Works etc. covered in Schedule-

4) (To be calculated for each currency separately)

It is understood that the Civil Works Price Component comprises a fixed

portion (designated as 'F' and the value of which is specified hereunder) and

variable portion linked with the indices for various materials and labour

(description and coefficients as enumerated below):

The amount of Price Adjustment towards variable portion payable/recoverable

shall be computed as follows:

ECW = CC1 - CC0

CC1 will be computed as follows:

S1 L1 A1 B1 E1 Z0

CC1= CC0 {F + s* ---- + I * ---- + a * ---- + b * ---- + e * ----} ----

S0 L0 A0 B0 E0 Z1

Where

ECW = Adjustment to Civil Works Price Component during billing period

for items covered under Category-I.

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PAGE 9 OF 17

CC1 = Adjusted amount of Civil Works Price Component during billing

period for items covered under Category-I

CC0 = Civil Works Price Component during billing period for items

covered under Category-I

F = Fixed Portion of the gross value which will not be subjected to

any adjustment = 0.20

's' = Coefficient of steel content in the cost of work = 0.50

'I' = Coefficient of labour (for all categories) content in the cost of

work = 0.20

'a' = Coefficient of Acetylene gas content in the cost of work = 0.03

'b' = Coefficient of Oxygen gas content in cost of work = 0.03

'e' = Coefficient of Electrodes content in the cost of work = 0.04

'S' = Index for Steel

Index Numbers for wholesales prices in India = by Groups &

Sub Groups (Base 1993-94:100) Published in RBI Bulletin,

Table No. 40.

Group (J) : Basic Metals, Alloys & Metal Products Sub Group a : Basic Metals & Alloys

a1 : Iron & Steel

'L' = Labour Index

Consumer Price Index Numbers for Industrial Workers - All In-

dia & Selected Centres (Base 2001:100) Published by Labour

Bureau, Shimla / RBI Bulletin.

Table No. 36, Under the Head : "All India"

'A' = Index for Acetylene Gas

Index Numbers of Wholsale Prices in India - by Groups & Sub

Groups (Base 1993-94:100) Published in RBI Bulletin, Table

No. 40

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PAGE 10 OF 17

Group (H): Chemicals & Chemical Products Sub Group i: Matches, explosives and other chemicals

n.e.c

'B' = Index for Oxygen Gas

Index Numbers of Wholesale Prices in India - by Groups &

Sub Groups (Base 1993-94:100) Published in RBI Bulletin,

Table No. 40

Group (H): Chemicals & Chemical Products Sub Group I : Matches, explosives and other chemicals

n.e.c

'E' = Index for Electrodes

Index Numbers of Wholesale Prices in India - by Groups &

Sub Groups (Base 1993-94:100) Published in RBI Bulletin,

Table No. 40

Group (J) : Basic Metals, Alloys & Metal Products Sub Group a : Basic Metals & Alloys

a4 : Ferro alloys

There shall be no ceiling on the Price Adjustment Payment for Items

listed under Category - I.

b) Category-II: REINFORCEMENT, ROCK BOLT AND WIREMESH for Civil

Works covered in Schedule-4) (To be calculated for each currency

separately)

It is understood that the Civil Works Price Component comprises a fixed

portion (designated as 'F' and the value of which is specified hereunder) and

variable portion linked with the indices for various materials and labour

(description and coefficients as enumerated below):

The amount of Price Adjustment towards variable portion payable/recoverable

shall be computed as follows:

ECW = CC1 - CC0

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CC1 will be computed as follows:

S1 M1 L1 Z0

CC1=CC0 {F + s* ----- + m * ----- + I * -----} ------

S0 M0 L0 Z1

PAGE 11 OF 17

Where

ECW = Adjustment to Civil Works Price Component during billing period

for items covered under Category-II.

CC1 = Adjusted amount of Civil Works Price Component during billing

period for items covered under Category-II.

CC0 = Civil Works Price Component during billing period for items

covered under Category-II.

'F' = Fixed Portion of the gross value which will not be subjected to

any adjustment = 0.20

's' = Coefficient of steel content in the cost of work -= 0.66

'm' = Coefficient of Materials (Other than Steel) content in the cost of

work = 0.03

'I' = Coefficient of labour (for all categories) content in the cost of

work = 0.11

'S' = Index for Steel Index Numbers for wholesales prices in India - by Groups &

Sub Groups (Base 1993-94:100) Published in RBI Bulletin,

Table No. 40.

Group (J) : Basic Metals, Alloys & Metal Products Sub Group a : Basic Metals & Alloys

a1 : Iron & Steel

'M' = Index for Material (Other than Steel) Index Numbers for Wholesales Prices in India - by Groups &

Sub Groups (Base 1993-94:100) Published in RBI Bulletin,

Table No. 40.

Under Head : All Commodities

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PAGE 12 OF 17

'L' = Labour Index

Consumer Price Index Numbers for Industrial Workers - All In-

dia & Selected Centres (Base 2001:100) Published by Labour

Bureau, Shimla / RBI Bulletin.

Table No. 36, Under the Head : "All India"

There shall be no ceiling on the Price Adjustment Payment for Items

listed under Category-II.

c) Category-III: All the balance items not included in Category-I and Cat-

egory-II above for Civil Works covered in Schedule-4 (To be calculated

for each currency separately)

It is understood that the Civil Works Price Component comprises a fixed

portion (designated as 'F' and the value of which is specified hereunder) and

variable portion linked with the indices for various materials and labour

(Description and coefficients as enumerated below):

The amount of Price Adjustment towards variable portion payable/recoverable

shall be computed as follows:

ECW = CC1 - CC0

CC1 will be computed as follows:

C1 M1 D1 L1 Z0

CC1 = CC0 {F + c* ----- + m * ----- + d* ----- + I * ------ } -----

C0 M0 D0 L0 Z1

Where

ECW = Adjustment to Civil Works Price Component during billing period

for items covered under Category-III.

CC1 = Adjusted amount of Civil Works Price Component during billing

period for items covered under Category-III.

CC0 = Civil Works Price Component during billing period for items

covered under Category-III

'F' = Fixed Portion of the gross value which will not be subjected to

any adjustment = 0.20

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PAGE 13 OF 17

'c' = Coefficient of Cement content in the cost of work = 0.40

'm' = Coefficient of Materials (Other than Cement) content in the

cost of work = 0.22

'd' = Coefficient of High Speed Diesel Oil content in the cost of

work = 0.05.

'I' = Coefficient of labour (for all categories) content in the cost of

work = 0.13.

'C' = Index for Cement Index Numbers for wholesales prices in India - by Groups &

Sub Groups (Base 1993-94:100) Published in RBI Bulletin,

Table No. 40.

Group (I) : Non Metallic Mineral Products

Sub Group c : Cement

'M' = Index for Material (Other than Cement) Index Numbers for Wholesales Prices in India - by Groups &

Sub Groups (Base 1993-94:100) Published in RBI Bulletin,

Table No. 40.

Under Head : All Commodities

'D' = High Speed Diesel Oil High Speed Diesel Oil price at outlet of Indian Oil Corporation

nearest to the project site. (Selling price inclusive of taxes and

duties per litre of H.S.D. Oil) ' L' = Labour Index

Consumer Price Index Numbers for Industrial Workers - All In-

dia & Selected Centres (Base 2001:100) Published by Labour

Bureau, Shimla / RBI Bulletin.

Table No. 36, Under the Head : "All India"

The total Price Adjustment Payment for Items under Category-III shall

be limited to a ceiling of 20% (Twenty Percent only) of the total value

of these items as per NOA.

Sub-Script for all Categories:

'o' = Refers to index/price as on 7 days prior to date of opening of

Part-II (Price) bids.

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PAGE 14 OF 17

"1" = Refers to index / price as applicable for the month prior to the

month in which the work is executed for which adjustment is

applicable.

Z0 and Z1 For all Categories:

Z0 = the rate of exchange of the Foreign Currency equivalent to

Indian Rupees as published by State Bank of India

(B.C. Selling Rate) as on the date of opening of Part-II

(Price) Bid.

Z1 = the rate of exchange of the Foreign Currency equivalent to

Indian Rupees as published by State Bank of India

(B.C. Selling Rate) as on the date of Certification of pay-

ment by the Engineer.

Z0 and Z1 shall be applicable in case the payment is to be made in

currencies other than Indian Rupees. In case, the payment is to be re- leased in Indian Rupees, Z0/Z1 shall be equal to 1 in the above formulae.

The Price Adjustment for each currency shall not exceed 20% (Twenty

percent) of the Contract Price for Category-III items in respective

Currency(s) as awarded. However, if any authorised extension of time is

granted to the Contractor by the Project Manager / Engineer which is more

than 6 months but not exceeding 12 months then the ceiling for the Price

Adjustment shall be 22% (Twenty Two percent) of the Contract Price

for Category-III items in respective Currency(s) as awarded. However,

if the extension of time is more than 12 months then the ceiling shall be

23% (Twenty Three percent) of the Contract Price for Category-III items in

respective Currency(s) as awarded.

For Categories I, II, III:

CC0 = Value of Civil works done in the billing period which shall be

calculated as under :

For the purpose of computing CC0, each bill (which is exclud-

ing Initial Advance and amount payable on Completion of the Facilities and on successful Completion of the Guarantee test) during the period up to the 'Completion of the Facilities' shall be divided by a factor as indicated below:

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PAGE 15 OF 17

Civil works _ [Initial Advance amount + Civil

component of the Works component of the Cont-

Contract Price ract Price payable on comple-

tion of the Facilities + Civil

Works component of the Con-

tract Price payable on suc-

cessful completion of Guarantee

test]

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

Civil Works component of the Contract Price

The payment of Price Adjustment amount so computed (refer

S.No. F, Appendix-1) shall be made against a separate invoice,

linking the corresponding invoice for Civil Works payment after

retaining the pro-rata amount due on completion of the Facili-

ties and on Completion of the Guarantee Tests. The amount

so retained shall be paid on completion of the facilities and on

successful completion of the Guarantee Tests respectively. (x) The following components of the Contract Price shall not be subject to Price

Adjustment and shall remain firm during the execution of the Contract:

(1) Ocean Freight and Marine Insurance for Plant and Equipment, Manda-

tory Spares and Recommended Spares.

(2) Ex-works/FOB Price component for Mandatory spares & Recom-

mended Spares.

(3) Inland Transportation charges (including Inland Transit Insurance, port

clearance, port handling & port charges) for Plant & Equipment and

Spare Parts.

(4) Planning, Design & Engineering

(5) Type Test Charges (xi) The source of applicable indices and their base values for the purpose of

computing Price Adjustment under the Contract shall be as under :

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PAGE 16 OF 17 A. Ex-works/FOB Price component of Plant and Equipment (excluding Type Test

Charges and Mandatory Spares)**

NAME OF CURRENCY *** : ..................................... -----------------------------------------------------------------------------------------------------------------------------

S.No. Item Value of Source of Value of Base

Coefficient Indices used Date Indices (as

on 30 days prior

to date of open-

ing of Part-II

(Price) bids)

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

1. Fixed portion : F = 0.15 2. Material : a =

3. b =

4. c =

5. Labour : Lb =

----------------------------------------------------------------------------------------------------------------------------- B. Installation Services Component (excluding Planning, Design & Engi-

neering and Civil Works)

NAME OF CURRENCY*** : ............................................ -----------------------------------------------------------------------------------------------------------------------------

S.No. Item Value of Source of Value of Base

Coefficient Indices used Date Indices (as

on 30 days prior

to date of open-

ing of Part-II

(Price) bids) -----------------------------------------------------------------------------------------------------------------------------

Fixed Portion F = 0.15 -- --

Expatriate 0.85

Labour (EF)

Indian Field 0.85 All India Consumer

Labour (F) Price index for

industrial workers

(All India Monthly

Average) published

by Labour Bureau,

Simla, Govt. of India

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

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PAGE 17 OF 17

** This information shall be filled in at the time of signing of Contract

Agreement, based on Price adjustment data submitted by the successful bidder

in Attachment-

17 to his bid and/or as mutually discussed and agreed upon.

*** Sheets of like size and format shall be annexed in case no. of currencies

are more. Note : The date of bid opening shall mean the date of bid opening for Part-II (Price) Bids.