OPAL

Hiring of Services for Cyclic Process Hazard Analysis (PHA) at OPaL

Complex.

Most critical observations are as following:

1. New clause proposed: There are many provisions of works contract in the tender
documents, which may not be applicable to this study job. Therefore, following clause
can be included:
“Only those clauses in this Agreement shall be applicable which are applicable in
context of a study job.”
Sr 47: Agreed in principle.
2. GCC 27.1: The jurisdiction is given exclusively to courts of Vadodara. In case of dispute
the courts at Vadodara may not be convenient for EIL. Therefore it may be taken up with
Client to change this to New Delhi.
Sr 48: Not agreed. Considering scope of work, this can be agreed.
3. GCC 27.4(11): Following modification may be taken up with the Client:
The seat of arbitration shall be New Delhi the place from where the LOA/NOA has been
issued.
Sr 49: Not agreed. Considering scope of work, this can be agreed.
4. GCC 30: Confidentiality obligations shall survive the termination of the Agreement. EIL
user division to note.
5. GCC 22.2: Force Majeure does not include epidemic, pandemic. Inclusion of these may
be taken up with the Client.
Sr 51: Not agreed. Considering period of service, this can be agreed. Also in case of
pandemic, epidemic governmental guidelines will be applicable.
6. GCC 12 and 13: There are various clauses in GCC 13 which pertain to penalties
including violation of safety. These may not be required in the study job, and these may
be taken up for deletion.
Sr 51: Not agreed. EIL user division may see from perspective of scope of work. In case
services are provided from EIL office, there are remote chances of applicability of
penalties due to HSE violations.
7. The penalties given in clauses in SCC may not be applicable considering the scope of
work. These may be taken up for deletion.
Sr 53: Not agreed. EIL user division may see from perspective of scope of work. In case
services are provided from EIL office, there are remote chances of applicability of
penalties due to HSE violations.

8. The limitation of liability at GCC 23.3(a) may be changed to redo of work, or other limit
which is commensurate with study job.