GSECL PP P-II FGD Clarification 230120

Clarification of Pre-bid quarries
Tender for Providing Post order detailed Engineering services as owner’s Engineer for installation of Flue Gas Desulphurization
system (FGD) at 800 MW Wanakbori unit no 8.
Sr. Section Tender Page Bid specification Bidder’s Query GSECL’s clarifications
No. Clause No
1 I 1 3 of "Order for installation of FGD for 800 MW Bidder presume that post order Bidder's understanding is
50 Wanakbori unit no. 8 is already awarded, Owner's engineering is the broad correct.
hence Owner’s Engineering Services scope and necessary documents like
includes assistance in post award DPR, Tender Specification and Agreed
engineering review of documents, Contract and necessary documents as
assistance in specialized inspection & may be required will be made
testing supervision, assistance in erection, available to the Consultant as an input
commissioning and PG test of unit. .
2 III 2 6 of "I. GSECL intends to Appoint Consultant Bidder understand that the EPC The EPC contractor is
50 for Providing post order Detailed contractor is finalised and all basic already finalised. All basic
Engineering Services as owner’s Engineer and detail design and engineering will & detail design and
for installation of Flue Gas be carried out by the EPC contractor. engineering will be carried
Desulphurization systems (FGD) at 800 Consultant has considered only the out by the EPC contractor.
MW Wanakbori unit no. 8. " review of Basic and Detail design and Consultant has to review
engineering performed by the EPC and approve all basic &
contractor. detail design and
engineering performed by
the EPC contractor.
3 VI 6.0 (1) 13 of "To assist for execution of Contract with Since the complete project execution Consultant has to review
50 the successful contractor" is by EPC Contractor. Thus assistance and approve all basic &
in execution will be limited to the detail design and
review of EPC contractor's basic and engineering performed by
detail engineering and site supervision the EPC contractor and
services for supervision during also site supervision
Erection, Testing, Commissioning services for supervision
including witnessing Performance during Erection, Testing,
Guarantee tests.. and Commissioning
including witnessing
Performance Guarantee
tests for timely completion
of the project.
Page 1 of 7
No. Clause No
4 VII 7.1 15 of Tenders should be valid for acceptance for We understand that the validity of the EMD BG should be valid
50 a period of at least One Hundred Twenty tender shall be 120 days from the date up to 31.09.2020 and shall
(120) days from the date of opening of of Price-Bid opening, which shall be be extended if required.
price-bid. In case any bidder quotes a intimated later. Kindly advise the date
lower validity period than that called for, from which validity of the Bid and the However, bid validity
his offer shall be liable for rejection. In BG will be counted. should be 120 days from
exceptional circumstances, the Owner may date of opening of price-
solicit the bidder’s consent to an extension bid.
of the period of the validity. The request
and response thereto shall be made in
writing.
5 VII 7.15 19 of Bidder shall include all visit charges in GSECL to specify the number of days Visit for two days will be
50 lump sum prices for services like Technical of visit to be included in the Man‐Visit considered as one visit
Review Meetings, discussion etc., up to rates to be quoted under Price excluding to & fro
handing over of Unit to GSECL, inclusive Schedule‐B Sr. No.(2). travelling.
of travel, boarding, lodging, incidental
expenses etc., in Price Schedule‐B Sr No.
(1)......
Page 2 of 7
No. Clause No
6 VII 7.17 20 Payment Terms: We request GSECL to amend the Tender terms & conditions
of payment terms as under:- prevail
50 Payment terms shall be as under: i) 75 80% Paid on equal monthly
i) 75% Paid on equal monthly instalments for 30 months from
instalments for 30 months from placement of LOI to consultant for
placement of LOI to consultant for installation of Flue Gas
installation of Flue Gas Desulphurization systems (FGD)
Desulphurization systems (FGD) systems after receipt of Bank
systems after receipt of Bank Guarantee against Security
Guarantee against Security deposit deposit cum performance and
cum performance and unconditional unconditional acceptance of LOI.
acceptance of LOI. ii) 5 10% commissioning of unit on
ii) 5% commissioning of unit on completion of FGD system.
completion of FGD system. iii) 10 5 % on successful Completion
iii) 10% on successful Completion of PG of PG Test.
Test. iv) 10 5 & Contract Closing
iv) 10 & Contract Closing
7 VII 7.21 21 of Penalty for Delay: We Propose Penalty for Delay is as Clause is self-explanatory,
56 under:- Tender terms & conditions
Any delay that may take place in Any delay that may take place in prevail.
Consultancy service for subject work Consultancy service for subject work
beyond contractual cut-off date/ stipulated beyond contractual cut-off date/
period in the order shall be subjected to stipulated period in the order shall be
penalty (not liquidated damages) at the subjected to penalty (not liquidated
rate of ½ % of the total contract damages) at the rate of ½ % of the
price/order price per week or part thereof total contract price/order price per
subject to a maximum of 10% of the total week or part thereof subject to a
contract value/order value with applicable maximum of 5% of the total contract
taxes & duties. GST as applicable. value/order value with applicable
taxes & duties. GST as applicable shall
be for the reasons solely
attributable by Consultant.
Page 3 of 7
No. Clause No
8 VIII 8.6 24 of Time is the Essence: We request GSECL to replace "Time is Tender terms & conditions
50 It is clearly understood and agreed by the the Essence of the Contract" with prevail
Consultant that time is the essence of the "Time is the important Factor of the
contract as the work under this contract is Contract".
very important and critical for the project
execution and commissioning on schedule.
9 VIII 8.1 & 24 of Confidentiality & Secrecy We request GSECL to allowed to Tender terms & conditions
8.8 50 disclose Confidential information at prevail
least to our affiliates.
10 VIII 8.10 25 of Statutory Regulations We request GSECL incase of change in Tender terms & conditions
50 law which result increase in cost & prevail
time. Engineering Consultant is
entitled to claim the same.
11 VIII 8.11 25 of "Engineering Consultant guarantees that Engineering consultant cannot Tender terms conditions
50 engineering, procurement assistance, guarantee the engineering, prevail.
inspection & expediting, construction & procurement assistance, inspection &
erection, commissioning supervision expediting, construction & erection,
services performed under this contract commissioning services to be carried
shall be correct, proper & adequate for the out by the EPC contractor. Any act of
smooth, safe, continuous, reliable the consultant under this contract
operation of the plant........ cannot relieve or transfer the EPC
contractor of its Duties and
Responsibilities, Guarantees and
Warranties under the contract.
12 VIII 8.14 (A) 26 of Termination by GSECL We request GSECL in case of Clause is self-explanatory,
50 Termination, Engineering Consultant tender terms & conditions
is entitled to claim cost for prevail.
demobilization of personnel.
Page 4 of 7
No. Clause No
13 VIII 8.15 (b) 28 Settlement of Disputes: Request GSECL to amend the clause Tender terms & conditions
of as follows: prevail
50 (b) Dispute Settlement: All disputes arising out of or in
Any dispute between the Parties as to connection with this Agreement
matters arising pursuant to this Contract between the Members hereto shall be
which cannot be settled amicably by resolved by an appropriate dispute
conciliations within thirty (30) days after resolution evolved through consensus
receipt by one Party of the other Party's between the parties. The disputes
request for such amicable settlement may which cannot be solved in an amicable
be submitted by either Party for settlement way shall be settled by an arbitration
in accordance with the decision of MD, committee of three arbitrators; one
GSECL. appointed by the Owner, one by
Consultant and the third by the two
appointed arbitrators. If this
committee cannot be formed, or is
unable to function, then the matter
shall finally be settled under the Rules
of Indian Arbitration Act, as in effect
at the time such dispute arises.
Arbitration proceedings shall be held
in New Delhi or at mutually agreed
place.
Page 5 of 7
No. Clause No
14 49 of Annexure C Order of precedence of Contract The priority of document
50 documents is missing. We request shall be as follows:
GSECL to provide the same. a) Contract agreement
b) Purchase Order
c) Letter of Intent
d) Amendment after
post bid meeting if
any.
e) Resolution of post bid
meeting
f) Amendment /
Clarification of pre-
bid meeting
g) Tender document
h) Contractor’s proposal
Page 6 of 7
No. Clause No
15 New Limitation of Liability We request GSECL to add the Not acceptable
Clause following Clause which is as under :-
"The aggregate liability (including

Liquidated Damages) of the
Contractor , its agents, employees
with respect to any and all claims by
the GSECL arising in connection with
the performance or non-performance
of this Purchase Order (including any
act or omission related thereto),
whether based on contract, warranty,
tort or otherwise, shall not exceed ten
(10%) percent of Contract Price
Notwithstanding anything contained
in this Purchase Order to the contrary,
except as provided in the immediately
following sentence, neither parties
shall be liable to the other party for
any special, indirect or consequential
Losses such as, but not limited to, loss
of revenue, loss of use of the Plant,
loss of power, costs of capital or costs
of replacement power."
Page 7 of 7

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Clarification of Pre-bid quarries

"The aggregate liability (including

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