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GLOBAL INVITATION

NIT NO : PNMM/PC54/E/001

FOR

BROWNFIELD GAS-BASED 2500 MTPD AMMONIA & 3850 MTPD UREA FERTILIZER PROJECT

FOR

GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LIMITED (GNFC)

AT

GNFC’S EXISTING COMPLEX AT BHARUCH, GUJARAT INDIA

PREPARED & ISSUED BY

PROJECTS & DEVELOPMENT INDIA LTD.

(A Govt. of India Enterprise) PDIL BHAWAN, A-14, Sector-1,

NOIDA U.P. (India)

March, 2013

BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

LETTER INVITING BID

BROWNFIELD AMMONIA-UREA PROJECT

GNFC, BHARUCH


LETTER INVITING BID

All rights reserved

LETTER INVITING BID

REF NO. PNMM/PC54/E/001 Dated: 9th March, 2013 SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S

EXISTING COMPLEX IN BHARUCH. (NIT NO : PNMM/PC54/E/001) Dear Sir(s), 1.0 Gujarat Narmada Valley Fertilizers & Chemicals Limited (GNFC) hereinafter also referred to

as “OWNER” has the pleasure of inviting eligible bidders to submit Bid, on Lump-Sum Turn Key (LSTK) basis for 2500 MTPD Ammonia and 3850 MTPD Urea Plant and Associated Offsite & Utilities Facilities, for selection of LSTK CONTRACTOR for performing WORK to install reliable, energy efficient Ammonia and Urea Plant along with Associated Offsite & Utilities Facilities as per Technical Specifications, Commercial Conditions and details laid down in this NIT, in Single Phase Two Bid System.

2.0 BRIEF SCOPE OF WORK:

Supply of Process License, Basic Design and Detailed Engineering, Procurement, Supply, Fabrication, Inspection by Third Party Inspection Agency (TPI) as applicable by Llyods/BV/TUV, Expediting, Route Survey for ODCs, Insurance, Transportation of all Equipments / Materials to work site including Loading and Un-loading, Storage, Construction and Erection of all civil, mechanical, electrical and instrumentation works, assembly and Installation, Temporary Site facility required for execution of Project, obtaining all necessary statutory approvals from concerned government authorities, as applicable, Testing, Mechanical Completion, Pre-Commissioning, Commissioning, Sustained Load Test Performance Guarantee Test Run Including total Project Management and handing over of Ammonia & Urea Plants of Capacity 2500 MTPD & 3850 MTPD respectively along with Associated Offsite & Utilities Facilities at GNFC’s existing complex in Bharuch, duly completed in all respects, on single point responsibility basis.

3.0 SALIENT FEATURES OF BIDDING DOCUMENT :

3.1 NIT No. : PNMM/PC54/E/001

3.2 Site visit (Optional)

Bidders will directly contact above person for -site visit.

: To contact Mr.P.G.Dave, GNFC Ltd. PO Narmadanagar, Dist – Bharuch. Mob. No.: +91 9898014865 Tel no. :+91 2642 663439 Fax no.:+91 2642 228063


LETTER INVITING BID

All rights reserved

3.3 Last date of receipt of bidders queries

: 30th March, 2013

3.4 Pre Bid conference to be held

: from 10.00 Hrs. to 17.00 Hrs. (IST) on 9th

April, 2013 3.5 Earnest Money Deposit (EMD)

3.5.1 For Indian bidders :Rs 10 Crores

3.5.2 For Foreign bidders

: USD 2 Million

3.6 Time Schedule: Ammonia Plant, Urea Plant and Associated Offsite & Utilities Facilities

a) Mechanical Completion 31 Months from Effective Date of Contract

b) Preliminary Acceptance 34 Months from Effective Date of Contract

3.8 Last Date & Time for Submission of EMD, Pre-qualification Bid and Technical and Unpriced Commercial Bid and Priced Bid

: 8th June, 2013, 17=30hrs. (IST)

3.9 Address for Communication with

PDIL

Projects & Development India Limited, (Materials Management Department) P.D.I.L Bhawan, A-14, Sector-1, Noida , (India) Fax no.:0120-2529801 Kind Attention: Mr. R.R Kumar Dy.GM(MM) Tel no. :+91-120-2529839 E-mail :[email protected] / [email protected]

GNFC

Gujarat Narmada Valley Fertilizers & Chemicals Limited, P.O. Narmadanagar-392015 Distt. Bharuch Gujarat, India Kind Attention : Mr. P. G Dave, Project Manager Tel no. : +91-2642-663439 E-mail : [email protected]

3.10

Bids to be submitted at: Sealed Envelope I (in Original Only), Envelope II (Original + 7 Copies+ Soft copy in CD form) and Envelope III (Original +4 Copies)

Gujarat Narmada Valley Fertilizers & Chemicals Limited, P.O. Narmadanagar-392015 Distt. Bharuch Gujarat, India


LETTER INVITING BID

All rights reserved

Kind Attention : Mr. P. G Dave,

Project Manager

Tel no. : +91-2642-663439 E-mail : [email protected]

4.0 SUBMISSION OF BID 4.1 The Bids shall be submitted in the following manner in separately sealed three envelopes,

duly super scribed with Project Name and Bid Document No. and as indicated in Clause 21.0, Instructions to Bidders:-

ENVELOPE-I EARNEST MONEY DEPOSIT AS SPECIFIED IN BID DOCUMENTS

ENVELOPE-II PRE-QUALIFICATION BID, TECHNICAL AND UNPRICED COMMERCIAL BID

ENVELOPE-III PRICED BID 4.2 ENVELOPE-I of the bid shall contain the following:

i) Earnest Money Deposit (EMD) for an amount indicated and in the manner as detailed

in Instructions to Bidders. Bids without Earnest Money Deposit (EMD) shall be rejected.

ii) The EMD offered shall be an irrevocable Bank Guarantee, issued by any bank appearing in the list of GNFC approved banks on a stamp paper of Rupees Two Hundred. The Proforma for the same is enclosed as Annexure-1.15. The Bank Guarantee shall be valid, from due date of submission of bid, for a period of Bid Validity plus Six months.

OR EMD can also be furnished in the form of Demand Draft in favour of M/s Gujarat

Narmada Valley Fertilizers & Chemicals Limited payable at Bharuch (Gujarat). EMD will not carry any interest.

4.3 ENVELOPE-II of the bid shall contain the following:

Bid/offer duly signed and stamped on each page, in two Parts, in hard copy containing all documents/attachments, as per the requirement of Clause No.21.0 of Section-1.0, Part-I, of NIT..

4.4 ENVELOPE-III of the bid shall contain Schedule of Price duly filled in:

i) In this part of bid, the bidder shall not stipulate any conditions. There shall not be any overwriting. Any conditions mentioned in Priced Bid shall render the Bid liable for rejection.

ii) Price shall be submitted in Original plus four copies, duly signed & stamped on each page .

5.0 Owner reserves the right to assess bidder's capability and capacity to perform the contract

by taking into account various aspects such as concurrent commitments, responsiveness to bidding documents etc.


LETTER INVITING BID

All rights reserved

6.0 Owner/PDIL reserves the right to accept/reject any or all Bids without assigning any reason whatsoever.

8.0 Bids complete in all respects should reach on or before the BID DUE DATE and TIME. Bids

received through Fax /e-mails shall not be considered. Owner/PDIL takes no responsibility for delay, loss or non-receipt of Bid sent by post/courier.

9.0 Transfer of Bidding Document is not permissible. 10.0 Bids not received by the due date and time will be rejected and representative of such

bidders shall not be allowed to attend bid opening. 11.0 Eligible bidders are requested to confirm their intention, within a week’s time from the

placement of tender at GNFC’S website, of submitting the bid on or before the due date mentioned above as per the Acknowledgement Cum Consent letter enclosed in Annexure-1.22.

Thanking you, For & on behalf of Gujarat Narmada Valley Fertilizers & Chemicals Limited

Mr. P. G Dave,

Project Manager

BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH MASTER INDEX

PC54/E-1 P DOCUMENT REV

SHEET 1 of 3

SUBJECT : BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S

EXISTING COMPLEX IN BHARUCH. (NIT NO : PNMM/PC54/E/001 DATED------)

PART-I, COMMERCIAL SECTION DESCRIPTION 1.0 INSTRUCTIONS TO BIDDER 2.0 BID CONDITIONS EXHIBITS EXHIBIT-1 FOR TECHNOLOGY CRITERIA (AMMONIA) EXHIBIT-2 FOR TECHNOLOGY CRITERIA (UREA) EXHIBIT-3 FOR EXPERIENCE CRITERIA EXHIBIT-4 FOR FINANCIAL CRITERIA ANNEXURES ANNEX.-1.1 BID FORM ANNEX.-1.2 PROFORMA FOR PRICE BID (SCHEDULE OF PRICES) ANNEX.-1.3 COMMERCIAL QUESTIONNAIRE ANNEX.-1.4 EXCEPTION/DEVIATION ANNEX.-1.5 DETAILS OF SIMILAR WORKS EXECUTED ANNEX.-1.6 CURRENT COMMITMENTS OF THE BIDDER ANNEX.-1.7 INFORMATION ABOUT BIDDER ANNEX.-1.8 EXECUTION PLAN ANNEX.-1.8A MINIMUM QUALIFICATION & EXP. OF KEY SUPERVISORY

CONSTRUCTION PERSONNEL ANNEX.-1.8B DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL ANNEX.-1.8C DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMENT ANNEX.-1.8D DETAILS OF EQUIPMENT AND SOFTWARES PROPOSED TO

BE USED FOR TENDERED WORK ANNEX.-1.9 PROCESS TECHNOLOGY ANNEX.-1.10 FORMAT FOR BIDDER’S QUERIES FOR PRE BID DISCUSSION ANNEX.-1.11 DESCRIPTION OF THE PERFORMANCE GUARANTEES ANNEX.-1.12 BIDDER’S PROPOSED SCHEDULE ANNEX.-1.13 DECLARATION BY THE BIDDER REGARDING BIDDING

DOCUMENT ANNEX.-1.14 CONSORTIUM AGREEMENT ANNEX-1.15 PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY

DEPOSIT (EMD)



SHEET 2 of 3

PART-I, COMMERCIAL

SECTION DESCRIPTION ANNEX-1.16A PROFORMA OF BANK GUARANTEE FOR PERFORMANCE OF

CONTRACT ANNEX-1.16B PROFORMA OF BANK GUARANTEE FOR SECURITY BOND

FOR PERFORMANCE GUARANTEE ANNEX-1.17 PROFORMA OF BANK GUARANTEE FOR ADVANCE

PAYMENT/ PROGRESS PAYMENT ANNEX-1.18 VOID ANNEX-1.19 FORMAT OF LETTER OF WAIVER OF

CONDITIONS/DEVIATIONS ANNEX-1.20 LIST OF APPROVED BANKS ANNEX-1.21 CONTENTS OF BID AND CHECK LIST ANNEX-1.22 ACKNOWLEDGEMENT CUM CONSENT LETTER ANNEX-1.23 FORMAT FOR CONSTRUCTION SUB-CONTRACTORS

APPROVAL- TO BE SUBMITTED BY SUCESSFUL BIDDER



SHEET 3 of 3

PART-II, TECHNICAL

SECTION DESCRIPTION

1.0 PROJECT DESCRIPTION

2.0 RAW MATERIAL AND PRODUCT SPECIFICATION

3.0 CONTRACTOR’S SCOPE OF WORK

4.0 DESIGN BASIS

5.0 DESIGN PHILOSOPHY

5.1 DESIGN PHILOSOPHY – PROCESS

5.1.1 DESIGN PHILOSOPHY – COOLING TOWER

5.2 DESIGN PHILOSOPHY – MECHANICAL

5.2.1 DESIGN PHILOSOPHY – STATIC EQUIPMENT

5.2.2 DESIGN PHILOSOPHY – ROTATING EQUIPMENT

5.2.3 DESIGN PHILOSOPHY – EOT CRANE

5.2.4 DESIGN PHILOSOPHY FOR A/C UNIT & PRESSURISATION

5.2.5 DESIGN PHILOSOPHY – PIPING

5.2.6 DESIGN PHILOSOPHY – INSULATION

5.3 DESIGN PHILOSOPHY – ELECTRICAL

5.4 DESIGN PHILOSOPHY – INSTRUMENTATION

5.5 DESIGN PHILOSOPHY – CIVIL & STRUCTURAL WORKS

5.6 DESIGN PHILOSOPHY – MATERIAL HANDLING

5.7 DESIGN PHILOSOPHY – FIRE FIGHTING SYSTEM

5.8 DESIGN PHILOSOPHY – FIRED HEATERS

5.9 DESIGN PHILOSOPHY – INSPECTION PHILOSOPHY

6.0 CONSTRUCTION/ ERECTION, PRECOMMISSIONING, COMMISSIONING AND START-UP

6.1 STATUTORY REQUIREMENTS

7.0 PERFORMANCE AND GUARANTEE TEST

8.0 DRAWINGS & DOCUMENTS

9.0 SPARE PARTS

10.0 OWNER’S ENGINEERS IN LSTK CONTRACTOR’S OFFICE

11.0 TRAINING OF OWNER’S PERSONNEL

12.0 INFORMATION REQUIRED IN THE TECHNICAL PROPOSAL

13.0 VENDOR LIST

14.0 SITE WORKING AND SAFETY CONDITIONS


INSTRUCTIONS TO BIDDERS

PC54/E-1/P-I/1.0 0

DOCUMENT NO REV SHEET 1 OF 28

FORM NO: 02-0000-0021 F2REV2 All rights reserved

PART I: COMMERCIAL

SECTION – 1.0





PC54/E-1/P-I/1.0 0



CONTENTS

SL. NO. DESCRIPTION

1.0 INTRODUCTION

2.0 SCOPE OF PROPOSAL

3.0 BIDDING DOCUMENTS

4.0 AMENDMENT OF BIDDING DOCUMENTS

5.0 LANGUAGE OF BID

6.0 TIME SCHEDULE

7.0 SIGNATURE OF BIDS

8.0 PRE-QUALIFICATION CRITERIA

9.0 PRE-BID MEETING

10.0 EARNEST MONEY DEPOSIT

11.0 COST OF BIDS

12.0 MODIFICATION AND WITHDRAWAL OF BIDS

13.0 INFORMATION REQUIRED WITH THE BID

14.0 LOCAL CONDITIONS

15.0 PRICE BASIS & CURRENCY OF BIDS

16.0 VOID

17.0 NUMBER OF BIDS

18.0 CONFIDENTIALITY OF DOCUMENTS

19.0 DUTIES AND TAXES



PC54/E-1/P-I/1.0 0



20.0 BIDDING DOCUMENTS AND DEVIATIONS

21.0 SUBMISSION OF BIDS

22.0 DEADLINE FOR SUBMISSION OF BIDS

23.0 OPENING OF BIDS

24.0 POLICY FOR BID UNDER CONSIDERATION

25.0 DEPUTATION OF REPRESENTATIVE FOR TECHNICAL & COMMERCIAL DISCUSSIONS

26.0 EFFECT AND VALIDITY OF BID

27.0 COMPLETE SCOPE OF SUPPLIES/ WORK

28.0 EVALUATION AND COMPARISON OF BIDS

29.0 PRICE VARIATION

30.0 REBATE

31.0 CONTACTING OWNER

32.0 AWARD OF CONTRACT

33.0 SIGNING OF CONTRACT

34.0 OWNER’S RIGHT TO ACCEPT/ REJECT BIDS

35.0 CONTRACT SECURITY DEPOSIT BANK GAURANTEE AND PERFORMANCE BANK GUARANTEE

36.0 GENERAL INSTRUCTIONS

37.0 OPTIONAL FINANCING MODEL INCLUDING SUPPLIERS CREDIT



PC54/E-1/P-I/1.0 0



1.0 INTRODUCTION

1.1 Gujarat Narmada Valley Fertilizers & Chemicals Limited (GNFC) hereinafter also referred

to as “OWNER” is a joint sector enterprise promoted by the Government of Gujarat and the Gujarat State Fertilizers & Chemicals Limited (GSFC). It is one of the leading Indian companies in the business of manufacturing and selling fertilizers and chemicals and was set up in 1976. GNFC started its manufacturing and marketing operations in 1982 by setting up, then one of the world’s largest Single Stream Ammonia-Urea Fertilizer Complex at Narmadanagar, Bharuch (Gujarat).

The Company manufactures and distributes nitrogenous and phosphatic fertilizers like Urea, Ammonium Nitro-phosphate (ANP) and Calcium Ammonium Nitrate (CAN) and Chemicals like Ammonia, Weak Nitric Acid, Concentrated Nitric Acid, Methanol, Acetic Acid, Formic Acid, Aniline, Toluene Di-Isocyanate (TDI) and provides various services in the area of Information Technology. The Company continues to trade in imported fertilizers like Urea, Single Super Phosphate (SSP), Water Soluble Fertilizers and Cotton seeds as well as Chemicals like Acetic Acid and Formic Acid etc.

GNFC is proposing to set up a Brownfield Gas-Based Ammonia-Urea Fertilizer Project at GNFC’s existing complex in Bharuch.

1.1.1 Projects & Development India Ltd. (PDIL) has been retained as Consultant for selection of a suitable LSTK Contractor for execution of the project on a Lump-Sum Turnkey basis with Single point responsibility.

1.1.2 The present NIT specifies the requirement of selection of LSTK Contractor for supply of Process License, Basic Design and Detailed Engineering, Procurement, Supply, Fabrication, Inspection by Third Party Inspection Agency (TPI) as applicable by Llyods/BV/TUV, Expediting, Route Survey for ODCs, Insurance, Transportation of all Equipments / Materials to work site including Loading and Un-loading, Storage, Construction and Erection of all civil, mechanical, electrical and instrumentation works, assembly and Installation, Temporary Site facility required for execution of Project, obtaining all necessary statutory approvals from concerned government authorities, as applicable, Testing, Mechanical Completion, Pre-Commissioning, Commissioning, Sustained Load Test, Performance Guarantee Test Run Including total Project Management and handing over of Ammonia & Urea Plants of Capacity 2500 MTPD & 3850 MTPD respectively along with Associated Offsite & Utilities Facilities at GNFC’s existing complex in Bharuch, duly completed in all respects, on single point responsibility basis.

1.2 Project Location: The proposed project will be located within the existing fertilizer & chemical complex of

GNFC at Bharuch in Gujarat. It is located near Chawaj, about 4 km from Bharuch on the National Highway No.8. The site has all the infrastructural facilities like road, railways, raw water availability, effluent discharge facility, ammonia storage, natural gas connectivity etc. Around 30 hectares of land is also available for the project.

The nearest Railway station is Bharuch in Western Railways on Baroda- Mumbai Route.



PC54/E-1/P-I/1.0 0



1.3 Plant Configuration and Capacity 1.3.1 Ammonia Plant The Ammonia plant will be laid out in single stream having capacity of 2500 MTPD as per

details specified in Part-II, Section-1.0, Project Description. 1.3.2 Urea Plant The Urea plant will be laid out in single/double stream having capacity of 3850 MTPD as

per details specified in Part-II, Section-1.0, Project Description. 1.3.3 Associated Offsite & Utilities Facilities The project would essentially consist of Brownfield Ammonia - Urea plant and Associated

Offsite & Utilities Facilities considering utilization of the existing facilities to the maximum extent possible. Additional provision shall be made as necessary for smooth and reliable operation of the process plants.

The broad provision of Associated Offsite & Utilities Facilities for the project has been

presented in Part-II, Section-1.0, Project Description. 1.3.4 The Plant offered should be energy efficient, environment friendly and with lowest capital

cost. Bidder can bid for Ammonia and Urea plants with capacity +/- 15 % of the above mentioned capacity such that about 200 MTPD excess Ammonia is available if the expected cost is substantially lower with this option. Such optional proposal will be suitably evaluated.

2.0 SCOPE OF PROPOSAL

The scope of the proposal shall be on the basis of a Single Point responsibility, completely covering the works specified under the accompanying technical specifications and documents.

3.0 BIDDING DOCUMENTS

The bidder is expected to examine the bidding documents, including all instructions, Forms, Annexures, terms and conditions of Contract, specifications, drawings and other documents and to fully familiarize itself with the requirements of the bidding documents. Failure to furnish all the information required by the Bidding Documents or the submission of a bid not substantially responsive to the Bidding Documents in every respect may result in the rejection of the Bid.

In case of any inconsistency, in the interpretation of meaning of any part of this Tender Documents, the BIDDER shall give his best endeavor to resolve the inconsistency by expressing his assumption through his proposal to OWNER.

4.0 AMENDMENT OF BIDDING DOCUMENTS

Bidders shall examine the Bidding documents thoroughly and inform the OWNER of any apparent conflict, discrepancy or error.



PC54/E-1/P-I/1.0 0



At any time prior to the deadline for submission of bids, the OWNER may, for any reason whether at its own initiative or in response to a clarification or modification requested by any prospective Bidder(s), modify the Bidding documents, if required.

5.0 LANGUAGE OF THE BID

The bid prepared by the bidders and all correspondence and documents relating to the Bid exchanged by the Bidder and the Company shall be written in the English language and all units shall be in Metric system. Any printed literature furnished by the bidder may be written in another language, provided that this literature is accompanied by an English translation, in which case, for purpose of interpretation of the Bid, the English translation shall govern.

6.0 TIME SCHEDULE

6.1 Bidder shall be required to complete the WORK under the CONTRACT so as to achieve the Guaranteed Completion Date in accordance with the following milestones:

6.2 The basic consideration and essence of the Contract is the strict adherence to the time

schedules for performing the specified works as stipulated in the Contract.

7.0 SIGNATURE ON BIDS

7.1 The Bid must contain the name, designation and place of business of the person or persons making the Bid and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below the signature

7.2 Bids by Corporate/ Limited Companies must be signed with the legal name of the Corporation/Limited Company by the President, Managing Director or by the Secretary or any other person or persons holding powers of attorney for signing their Bid.

7.3 The Bidder shall submit authority letter / Power of Attorney/ Board Resolution in favour of the authorized signatory(s) of the Bid. The Bidder's name stated on the proposal shall be the exact legal name of the Bidder.

7.4 Bid by a Consortium must be signed by all members of the Consortium. Signature of each member of the Consortium shall be as per Clause 7.1 to 7.3. In case of Consortium, the exact legal names of all the members of the consortium shall be stated and leader of Consortium shall be clearly indicated.

7.5 Bid shall contain no cuttings, erasures or overwriting except as necessary to correct errors made by the Bidder in which case each such corrections or other changes in the Bid documents shall carry the initials of the person(s) signing the Bid.

Brownfield Ammonia - Urea plant and Associated Offsite & Utilities Facilities

Mechanical Completion 31 Months from Effective Date of Contract

Preliminary Acceptance 34 Months from Effective Date of Contract



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7.6 Bids not conforming to the above requirements of signing may be disqualified.

8.0 PREQUALIFICATION CRITERIA:

Bidder/s meeting the respective Prequalification criteria, stated hereunder, shall submit their Techno-Commercial bid.

Bidder/s may bid as:

• Single Bidder subject to meeting the Prequalification Criteria as stated in Clause 8.1

OR

• Consortium subject to meeting the Prequalification Criteria as stated in Clause 8.2 Evaluation of offers shall be carried out for only those Bidders who shall meet the Prequalification Criteria.

8.1 PQ Criteria for a Single Bidder

8.1.1 Technology Criteria The Bidder should be capable of providing Process License and Basic Design Package of

for a 2500 MTPD Single Stream Ammonia and 3850 MTPD Prilled Urea Plant from reputed Process Licensers as required below. Technology once selected and offered by the Bidder cannot be changed.

a) For Ammonia:

1. Haldor Topsoe A/S 2. KBR Kellogg Brown & Root 3. Uhde

The ammonia technology proposed by Bidder shall have a reference of at least one single stream plant of minimum 1750 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit MoU/ letter of undertaking from process licensor for technology tie up for the proposed project.

b) For Urea:

1. Saipem 2. Toyo 3. Stamicarbon

The Urea technology proposed by Bidder shall have a reference of at least one plant of minimum 2400 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit



PC54/E-1/P-I/1.0 0



MoU/ letter of undertaking from process licensor for technology tie up for the proposed project

8.1.2 Experience Criteria The Bidder should be an established LSTK Contractor in the field of Oil, Gas,

Hydrocarbon or Fertilizer and should possess experience of having successfully completed with - single point responsibility at least one Ammonia Plant of Minimum Capacity of 1350 MTPD within a period of last 15 years on Lump sum Turnkey (LSTK) basis with scope of work comprising of supply of Process License, Basic Design and Detailed Engineering, Procurement, supply, construction and erection of all civil, mechanical, electrical and instrumentation works, Testing, Pre-commissioning, Commissioning and Guarantee Test of completed individual plants. Such fertilizer plant should be in satisfactory operation for at least three years from the date of Acceptance after successful guarantee test. Bidder shall submit documentary proof for the same and a Certificate of successful Guarantee Test issued by the owner will have to be produced by the bidder in support of fulfilling this criteria.

8.1.2.1 In case the Bidder intends to engage the services of a sub contractor for Detailed

Engineering for the proposed project then the bidder shall give an undertaking along with the bid that he will engage the services of only reputed detailed engineering consultant having experience of carrying out detailed engineering of similar capacity plants as stated in clause 8.1.2 above. Bidder shall submit the reference list of such plants for which the proposed detailed engineering consultant has carried out detailed engineering.

8.1.3 Financial Criteria: 8.1.3.1 The Bidder meeting the requirements as per clause 8.1.2 above , must have executed at

least one such completed contract in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer with minimum contract value of US $ 500 million or INR 28 Billion during last 7 years. Bidder shall submit documentary proof for the same.

Or

executed two such contracts each with contract value of minimum US $ 315 million or INR 17 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

Or

executed three such contracts each with contract value of minimum US $ 250 million or INR 14 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

8.1.3.2 The Annual Turnover of the Bidder, meeting the requirements as per Clause 8.1.2, during

at least one of the last three preceding financial years i.e.2011-12, 2010-2011 and 2009- 2010 or calendar years 2009, 2010 and 2011 should be at least US $ 200 Million or INR 11 Billion. Bidder shall submit documentary proof (e.g. audited balance sheet and P&L account) for the same.



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8.1.3.3 Net Worth of the Company should be positive for the last three preceding financial years i.e. 2011-12, 2010-2011 and 2009- 2010 or calendar years 2009, 2010 and 2011. Bidder shall submit documentary proof e.g. audited balance sheet, P&L account etc. for the same.

8.1.3.4 The Bidder will submit Solvency certificate not more than six months old, from their

Banker for a value not less than US $ 220 million or INR 12 Billion. 8.2. PQ Criteria for a Consortium with Joint and Several Responsibilities: 8.2.1 The total number of consortium members including their leader shall not exceed three. 8.2.2 Technology Criteria

At least one of the consortium members should be capable of providing Process License and Basic Design Package for a 2500 MTPD Single Stream Ammonia and/or 3850 MTPD Prilled Urea Plant as detailed below. Technology once selected and offered by the Bidder cannot be changed.

The ammonia technology proposed by Bidder shall have a reference of at least one single stream plant of minimum 1750 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit MoU/ letter of Undertaking from process licensor for technology tie up for the proposed project. a) For Ammonia:

1. Haldor Topsoe A/S 2. KBR Kellogg Brown & Root 3. Uhde

The Urea technology proposed by Bidder shall have a reference of at least one plant of minimum 2400 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit MoU/ letter of Undertaking from process licensor for technology tie up for the proposed project b) For Urea:

1. Saipem 2. Toyo 3. Stamicarbon

8.2.3 Experience Criteria (Consortium) The lead consortium member should be at least an established LSTK Contractor in the

field of Oil, Gas, Hydrocarbon or Fertilizer. However, the consortium members among themselves should possess experience of having successfully completed on Lumpsum Turnkey (LSTK) basis with a single point responsibility one Ammonia Plant of Minimum Capacity of 1350 MTPD and one Urea Plant of Minimum Capacity of 1700 MTPD with scope of work comprising of supply of Process License, Basic Design and Detailed



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Engineering, Procurement, supply, construction and erection of all civil, mechanical, electrical and instrumentation works, Testing, Pre-commissioning, Commissioning and Guarantee Test of completed individual plants within a period of last 15 years. These plants should be in satisfactory operation for at least three years from the date of Acceptance after successful guarantee test. A Certificate of successful Guarantee Test issued by the owner will have to be produced by the Bidder in support of fulfilling this criteria.

8.2.3.1 In case the consortium intends to engage the services of a sub contractor for Detailed

Engineering for the Proposed project then the consortium shall give an undertaking along with the bid that it will engage the services of only reputed detailed engineering consultant having experience of carrying out detailed engineering of similar capacity plants as stated in Clause 8.2.3 above. Bidder shall submit the reference list of such plants for which the proposed detailed engineering consultant has carried out detailed engineering.

8.2.4 Financial Criteria (Consortium):

8.2.4.1 The Lead Bidder of the Consortium, meeting the requirements as per Clause 8.2.3 above, must have executed at least one such completed contract in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer with minimum contract value of US $ 500 million or INR 28 Billion during last 7 years. Bidder shall submit documentary proof for the same.

Or


Or

executed three such contracts each with contract value of minimum US $ 250 million or INR 14 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

8.2.4.2 The Annual Turnover for Lead Bidder of the consortium, meeting requirement as per

Clause 8.2.3, in a single financial year shall be equal to or more than US $ 150 million or INR 8 Billion and each member of consortium shall be equal to or more than US$ 65 million or INR 4 Billion during at least one of the last three preceding financial years i.e. 2011-12, 2010-2011 and 2009- 2010 or calendar years 2009, 2010 and 2011. The Lead / Consortium members shall submit documentary proof for the same.

8.2.4.3 Net Worth of the lead consortium member should be positive for the last three preceding

financial years 2011-12, 2010-2011 and 2009-2010 or calendar years 2009, 2010 and 2011. Net Worth of other consortium members should be positive for last preceding financial year 2011-12 or calendar year 2011. Bidder shall submit documentary proof e.g. audited balance sheet, P&L account etc. for the same.

8.2.4.4 All the Consortium members will submit solvency certificate not more than six months old,

from their bankers whose value collectively shall not be less than US$ 220 million or INR 12 Billion.



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8.2.5 Consortium leader & distribution of work

The Lead Bidder of the Consortium shall be directly responsible for managing the critical activities of the Project.

The identification of the Leader Bidder of the Consortium and the distribution of work amongst the consortium members will be clearly indicated and set forth in the Bid.

All the members of the Consortium shall be liable jointly and severally for the performance of the contract and discharge of the contractor’s obligations and liabilities under the Contract and a Notorially Authenticated Declaration to this effect shall be included in the bid and a similar statement shall be specifically included in the Form of contract (in case the bid is successful), which shall also be signed by the consortium members in confirmation.

The leader of the Consortium shall be authorized to incur liabilities and receive instructions for and on behalf of any and all member(s) of the consortium. Notwithstanding anything contrary in the Consortium Agreement, the leader of the Consortium shall have coordination responsibility for execution of the contract and will have to carry single point responsibility of the submitted bid and implementation of the project. The leader of consortium shall submit undertaking signed by all the consortium members to this effect in Bid.

9.0 PRE-BID MEETING

9.1 The bidder may submit any queries/clarification/information pertaining to bidding documents in writing delivered by hand or by Fax or by E-mail as per Annexure-1.10 enclosed in the bidding documents so as to reach PDIL not later than the date specified in the Letter Inviting Bid. Queries/ Clarifications/ Information sought in any other manner shall not be responded to.

9.2 The bidder or his authorised representative(s), is advised to attend a pre-bid meeting as indicated in the Letter Inviting Bid. The purpose of the meeting will be to clarify issues and to answer questions on any matter pertaining to the Tender conditions that may be raised at that stage by Bidders.

9.3 The Owner’s responses to Bidder’s queries/clarifications raised will be furnished as expeditiously as possible. Any modification of the Bidding Documents which may become necessary as a result of the pre-bid meeting/conference shall be sent to all bidders through the issue of an Addendum/Amendment/Corrigendum.

10.0 EARNEST MONEY DEPOSIT (EMD)

10.1 The Bidder shall furnish as part of his Bid, EMD in the form of a Bank guarantee issued by banks listed at ANNEXURE-1.20.

10.1.1 The EMD offered shall be an irrevocable Bank Guarantee, issued by any bank appearing in the list of GNFC approved banks,(Annexure-1.20), on a stamp paper of Rupees Two Hundred. Proforma of the Bank guarantee is enclosed as Annexure-1.15.



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10.1.2 The Bank Guarantee shall be valid, from due date of submission of bid, for a period of Bid Validity plus six months. The amount shall be as indicated in the Letter Inviting Bid for this NIT. The Bank Guarantee shall be extended suitably if there is a delay in awarding the contract. The relevant extension shall be on Bidders’ account.

Or

EMD can also be furnished in the form of Demand Draft in favour of M/s Gujarat Narmada Valley Fertilizers & Chemicals Limited payable at Bharuch (Gujarat) for value as outlined in the Letter Inviting Bid for this NIT. EMD will not carry any interest.

10.2 Any Bid not accompanied with EMD shall be rejected by the Owner/Consultant as non-responsive.

10.3 The EMD of unsuccessful Bidders will be returned by OWNER to the unsuccessful Bidders as promptly as possible on acceptance of Bid of the successful Bidder or when the Bidding process is cancelled by OWNER, whichever is later. Where EMD has been paid by demand draft, the refund thereof shall be in the form of demand draft without any interest, in the currency in which EMD was submitted, in favour of the unsuccessful Bidder(s). Bidders may indicate the name and address in whose favour the said demand draft shall be drawn by the OWNER for refund failing which it shall be drawn in the name of the Bidder and shall be mailed to the address given on the Transmittal Letter.

10.4 The successful Bidder's EMD will be discharged upon the Bidder accepting and signing the Contract and furnishing the Bank Guarantee for Performance of CONTRACT.

10.5 The EMD shall be forfeited and appropriated by OWNER as mutually agreed loss and damage payable to OWNER for, inter alia, time, cost and effort of OWNER in regard to the NIT without prejudice to any other right or remedy to OWNER under the following conditions:

a) If a Bidder withdraws his Bid during the validity or agreed extension validity period duly agreed by the bidder

b) If the bid is varied or modified in a manner not acceptable to the Owner during the validity or agreed extension validity period duly agreed by the bidder

c) Any effort by the bidder to influence the Owner on bid evaluation, bid comparison or contract award decision.

d) In the case of a successful Bidder, if the Bidder fails to sign the Contract in accordance with Signing of Contract.

OR

If the successful bidder is seeking modifications to the agreed terms and conditions after issue of Letter of Intent (“LOI”) and prior to signing of the Contract.

OR

If the successful bidder fail to furnish performance guarantee within 30 days of receipt of the Contract.



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e) In case of violation of PQ Criteria, as per Clause 8.0

11.0 COST OF BIDS

The Bidder shall bear all costs associated with the preparation and submission of the Bid. In any case, OWNER will be not responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

12.0 MODIFICATION AND WITHDRAWAL OF BIDS

12.1 The Bidder may modify or withdraw its Bid after the Bid’s submission, but before the last date and time of Bid submission as specified in this NIT provided that written notice of the modification or withdrawal is received by OWNER prior to the deadline prescribed for submission of Bids.

12.2 In case any clarifications are sought by the Owner after opening of tenders, then the replies of the bidder should be restricted to the clarification sought. Any bidder who modifies his bid (including a modification which has the effect of altering the value of his offer) after opening of Techno-contractual bids without specific reference by the Owner shall render the bid liable to be rejected without notice and without further reference to the Bidder.

12.3 No bid may be withdrawn in the interval between the deadline for the submission of bids and the expiration during the validity or agreed extension validity period duly agreed by the bidder. Withdrawal or unsolicited modification of a bid during this interval shall result in the Bidder’s forfeiture of its EMD.

13.0 INFORMATION REQUIRED WITH THE BID

13.1 All technical information shall be furnished as per Part-II. In addition, the bidder shall ensure that Technical and Unpriced Commercial Bid has been submitted as per clause 21.2.2

13.2 Any bid not containing sufficient descriptive material to describe accurately the process details, functioning of various sections of the Plants, equipment proposed and other necessary details may be treated as incomplete and hence rejected. Such descriptive material and drawings submitted by the Bidder will be retained by the Owner. Any major deviation from these drawings and descriptive material submitted will not be permitted during the execution of the Contract without specific written permission of the Owner.

13.3 Standard catalogue pages and other documents of the Bidder may be used in the bid to provide additional information and data as deemed necessary by the bidder.

13.4 Requirement of Manpower for Operation of Plant

13.4.1 Bidder shall furnish tentative manpower requirement with break up for operation of plant during commissioning, trial runs and guarantee tests.

13.4.2 Bidder shall also furnish a tentative break up of manpower requirement for the normal operation and maintenance of the plant as per best operation & maintenance practice.



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14.0 LOCAL CONDITIONS

14.1 It will be imperative on each Bidder to fully inform himself of all local conditions and factors which may have any effect on the execution of the works covered under these specifications and documents. Bidder shall inspect the site, examine and obtain at its cost and responsibility, all information required and satisfy himself regarding all matters and things such as access to site, communications, transport, right of way, the type and number of equipment and facilities required for the work, availability of local labour, materials and their rates, local working conditions, weather, flood levels, sub-soil conditions, natural drainage, and all information that may be necessary for preparing its Bid, performance of work and other obligations and related matters. By submitting the Bid the Bidder shall be deemed to have acknowledged and agreed that ignorance of the site and other said conditions shall not be basis for any claim for compensation or extension of time or loss of profits etc. and the OWNER shall not be liable on account thereof in any manner whatsoever to the Bidder or any person claiming through or under the Bidder.

14.2 Bidders must before submission of their Bids, acquaint themselves with all applicable regulatory and other legal requirements pertaining to insurance and health, safety and environment requirement in INDIA and rules related to work permit and visa requirements in INDIA or in any way or manner affecting the performance of Scope of Work, the Contractor and the Plant operation and performance including social security, safety, pollution control, permits, licenses, and the other statutory requirements and regulations. The submission of a Bid by the Bidder will be construed as evidence that such an examination was made and the Bidder shall not raise at any time later any claims/disputes against the OWNER and the OWNER shall not be liable for the same in any manner whatsoever.

14.3 In their own interest, the foreign bidders are particularly requested to familiarize themselves with the Income Tax Act 1938, the Companies Act, 1956, the Customs Act, 1962, including any amendments thereof and other related acts and laws prevalent in India.

14.4 The Owner shall not entertain any request for clarification from the bidder, regarding such local conditions.

14.5 The Bidder shall be deemed to have prepared the Bid on the basis of its independent judgment and to have made all necessary allowances and provisions to ensure that the PLANT will meet all technical specification prescribed hereunder including the specified performance requirements and guarantees and be entirely suitable for the purpose for which it is intended. Accordingly, at the time of submission the Bid Price will, without extra price and/or extension of time, be held to include everything implicitly or otherwise required or necessary for the proper and timely completion of the WORK including ACCEPTANCE OF PLANT in accordance with the CONTRACT. Further , in case of any contract awarded under these specifications and documents, neither any change in the time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by the Owner, which are based on the lack of such clear information or its effect on the cost of the works to the Bidder.

14.6 Visit to site is optional and at BIDDER’s cost and expense.



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15.0 PRICE BASIS & CURRENCY OF BIDS

15.1 Bidder expecting to incur a portion of its expenditure in more than one currency and wishing to be paid accordingly shall so indicate in the Bid. In such cases the Bid shall be expressed in different currencies (maximum 3 currencies USD,Euro,INR) and the respective amounts in each currency together shall makeup the Bid Price.

15.2 LSTK price to be quoted by the LSTK contractor shall be fixed and firm and shall be valid until completion of the Contract to be executed with the successful Bidder pursuant hereto and shall not be subject to variation/escalation on any account except as otherwise specifically provided in the Contract documents.

15.3 Site is located in Bharuch (Gujarat), India and LSTK bidder is required to check & confirm before bidding for applicability of taxes & duties for the procurement of supply and service by them for the execution of contract.

15.4 The firm CONTRACT Prices quoted by the Bidder shall be inclusive of complete scope of the contract. The Bidders shall quote in their proposals in Envelope-III the firm Lump Sum price for the entire scope of work as per Schedule of Prices, (Refer Annexure-1.2), inclusive of all taxes, duties, levies etc. as applicable.

15.5 Rates for the Supply of Optional Services (Refer Annexure-1.2, Part-IV, Section-A), Daily/Hourly rates for change of Work Order (Refer Annexure-1.2, Part-V, Section-A ) and Rates for the Optional items (Refer Annexure-1.2, Section-D) shall also be submitted in the Price Bid Envelope-III.

15.5.1 Rates as mentioned in Clause 15.5 shall not be considered for evaluation purpose.

15.5.2 Rates quoted for Vendor recommended spare parts in Part-I of Section-A, Section-B and Section-C of Annexure-1.2 shall not be considered for evaluation purpose

15.6 All bank charges of bidders bankers shall be to the Bidder’s account and all Bank charges of Owner's bankers shall be to Owner’s account.

15.7 Income Tax, or any other tax and surcharge as applicable shall be deducted at source from the bills of the contractor and a certificate to that effect shall be issued by the Owner.

16.0 VOID

17.0 NUMBER OF BIDS

17.1 A bidder shall on no account submit more than one bid either directly or indirectly.

17.2 A bidder shall be deemed to have submitted an indirect bid if a subsidiary of the bidder is also a direct or indirect bidder in an independent bid or if the bidder or its subsidiary has with its consent been indicated as a sub-contractor in any other bid or even if not so indicated has entered into any arrangement (whether disclosed or undisclosed) with any other bidder or with a sub-contractor of that bidder for the performance of any work for that other bidder upon an award of the work to that other bidder.

17.3 If a bidder makes more than one bid and/or directly or indirectly participates in another bid as contemplated under 17.2 above, all the bids of the bidder, including the bid of the



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bidder in whose bid the first named bidder has directly or indirectly participated, may be considered as cartel bids and may be rejected. If the factum of such bid(s) is discovered after the notification of award, the resultant contract shall be liable to be terminated pursuant to the provisions for termination contained in the Bid conditions.

18.0 CONFIDENTIALITY OF DOCUMENTS

Bidders shall treat the bidding documents and contents therein as strictly confidential. If at any time, during the bid preparation period, Bidder decides to decline to bid, all documents must be immediately returned to OWNER.

19.0 VOID

20.0 BIDDING DOCUMENTS AND DEVIATIONS

20.1 Bidders shall confirm compliance to Bidding Documents as per Annexure-1.19

20.2 It is expected that bidders will submit bids based strictly on the terms and conditions and specifications contained in the bidding documents and will not stipulate any deviations. Should it, however, become unavoidable, deviations should be separately and specifically stipulated only in the prescribed Annexure-1.4. OWNER reserves the right to reject as non-responsive any bid containing major deviation(s).

20.3 It is important that Bidder clearly demonstrates his experience and capability, giving OWNER a high level of confidence that if awarded, the Bidder will be able to perform the works within the stipulated Time Schedule and quoted price and meeting all other requirements listed in the Bidding document.

20.4 Bidder is requested to furnish the complete and correct information required for evaluation of his Bid. If the information with regard to resources and concurrent commitments or any other information/documentation forming basis of evaluation is found incomplete/incorrect, the same may be considered as adequate ground for rejection of the Bid.

20.5 VENDOR list is furnished by OWNER along with BID. Any deviation from this list is to be submitted by Bidder with items to be procured from VENDOR who is not listed in vendor list. Prequalification criteria shall be adopted for the vendors which are not in the agreed Vendor list as per Clause 10.12.2 in Section-2.0 of PART-I: Commercial.

21.0 SUBMISSION OF BIDS

21.1 The Bidder is expected to examine all instructions, forms, terms and conditions in the NIT. The NIT together with all its attachments thereto, shall be considered to be read, understood and accepted by the Bidders, save and except deviations, if any, specifically stated in seriatim by the Bidder. Failure to furnish all information required or submission of a Bid not responsive to the NIT in every respect will be at the Bidder’s risk and may result in the rejection of the Bid.

21.2 The Bidder must submit the bids in three parts each in separate sealed cover prominently superscribed as Envelope I, II, III and also indicating on each of the envelope the bid number and date of opening. These three envelopes shall contain the details of the bid in the following manners:



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Each part and each envelope will be separately sealed and marked.

Note: * “PREQUALIFICATION BID(PQ Bid)” shall mean documents submitted in Part–I of the Envelope-II of BID in response to Clause 8.0 i.e Pre Qualification Criteria. ** The Unpriced Copy of Priced Bid contained in Section-IV of Unpriced Commercial Bid shall be a photocopy of the Priced bid with the prices blanked out, duly signed and stamped and strictly as per Annexure 1.2 The Bidder shall indicate “Quoted/Not Applicable/Nil” against each head, in UNPRICED Commercial Bid.

***The Priced Bid shall also indicate total prices in figures as well as in words. In case of difference, the amount mentioned in words shall be considered. The prices should be strictly quoted as specified in Annexure-1.2 otherwise the Bid may be rejected. Wherever unit rate and total rate is indicated, in case of any difference in total, the unit rate will govern. The priced Bid containing any comments, remarks, conditions deviations etc, which is not indicated in the UNPRICED Commercial Bid, is liable to be rejected.

21.2.1 ENVELOPE-I of the bid shall contain the following:

Earnest Money Deposit (EMD) for an amount indicated and in the manner as detailed in Clause no 10.0. Bids without Earnest Money Deposit (EMD) may be rejected.

The venue for submission of Envelope I shall be as detailed in Clause 21.3 below.

21.2.2 ENVELOPE-II shall contain Pre-qualification Bid and Technical and Unpriced Commercial Bid in two Parts, as specified below.

The venue for submission of Envelope II shall be as detailed in Clause 21.3 below.

PART-I :

Pre-Qualification Bid: (Refer Clause 8.0)

ENVELOPE-I EARNEST MONEY DEPOSIT AS SPECIFIED IN BID DOCUMENTS

ENVELOPE-II PRE-QUALIFICATION BID*, TECHNICAL AND UNPRICED COMMERCIAL BID **

ENVELOPE-III PRICED BID * **

i) Letter of submission and synopsis of the proposal

ii) Organization Profile covering (a) Name & address of the organization with telephone, fax, e.mail nos. with contact persons (b) history & structure of the organizations with names of directors & chief executives (c) name & addresses of the commercial banks providing total amount of credit lines & solvency certificate from bankers.

iii) Copy of Article of Association of the Company or Board Resolution mentioning Chairman/ Chief Executive Officer / Managing Director of the Company.



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PART-II. Technical-Unpriced Commercial Bid

iv) A copy of MOU/ letter of undertaking by the Process Licenser(s) to the Bidder stating clearly that the Process Licenser(s) will provide the respective Process License and Basic Design to the Bidder in case they are successful for award of the contract for the said Project

v) A copy of MOU between the Detailed Engineering Consultant (in case the Bidder themselves are not the detailed designer) and Bidder that they will carry out the assignment on award of the work order on the Bidder. A reference list of such plants for which the proposed detailed engineering consultant has carried out detailed engineering shall also be furnished.

vi) Bidder qualification Criteria in favour of Technology Criteria (Ammonia) as per Exhibit-1 along with Copies of Work Orders, Performance data sheets of operating plants under reference and completion certificates in support of prequalification requirement.

vii) Bidder qualification Criteria in favour of Technology Criteria (Urea) as per Exhibit-2 along with Copies of Work Orders, Performance data sheets of operating plants under reference and completion certificates in support of prequalification requirement.

viii) Bidder qualification Criteria in favour of Experience Criteria as per Exhibit-3 along with Copies of Work Orders, Performance data sheets of operating plants under reference and completion certificates in support of prequalification requirement.

ix) Bidder qualification Criteria in favour of Financial criteria as per Exhibit-4 along with Annual audited Report for the last three financial years. This shall be a verifiable statement of annual accounts certified by a Chartered Accountant or Public Accountant in the form of printed annual reports or similar document.

x) Solvency Certificate from Bidders’ bankers. Date of issue of this certificate should not be more than six months older than the due date of opening of Techno-commercial part.

SECTION-I: i) Letter of submission & Synopsis of the proposal.

ii) Photocopy of EMD/Earnest Money Deposit (EMD) as submitted in Envelope-I

iii) Bid Form as per Annexure-1.1

iv) Commercial Questionnaire as per Annexure-1.3

v) Details of past experience, as per Annexure-1.5

vi) Details of concurrent commitments as per Annexure-1.6



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vii) Information of Bidder as per Annexure-1.7.

viii) Power of Attorney of Bid Signatory from the competent authority

ix) Consortium Agreement as per Annexure-1.14

SECTION-II: i) Detailed execution philosophy of work as per Annexure-1.8, 1.8A,1.8B,1.8C,1.8D

ii) Description of Process technology as per Annexure-1.9

iii) Description of the Performance Guarantees as per Annexure-1.11

iv) Bidder’s Proposed Schedule as per Annexure-1.12

v) Declaration by the Bidder Regarding Bidding Document as per Annexure-1.13

SECTION-III i) VOID

ii) Format of Letter of Waiver of Conditions/Deviations as per Annexure-1.19

SECTION-IV: i) Blank copy of Schedule of Lumpsum Prices indicating “Quoted/Not Applicable” against each head and duly stamped & signed on each page, strictly as per as per Annexure-1.2, failing which bid may be rejected.

SECTION-V: i) Technical Details/ documents specified under “Technical Information Required along with Bid”.

SECTION-VI: i) Exceptions/Deviations

The OWNER wishes to receive fully compliant bids. Exception/Deviations may only be made in relation to requirements of OWNER, which the BIDDER feels unable to comply with under any circumstances or at any price. If the BIDDER wishes to make any exception/deviations, this must be done by listing the full details of each exception/deviation in Annexure-1.4. Unless an entry appears in the list of exception/deviations in Annexure-1.4, OWNER will assume and consider that BIDDER has no exceptions or deviations to the Tender Documents

Schedule of Deviations (if any) to the commercial and Technical bid documents, shall be submitted separately, as per Annexure-1.4. Also, Technical deviations must be given separately for each discipline.

Note: A soft copy of Annexure-1.4, in editable form, shall also be submitted by the Bidder.



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For convenience, the Bid shall be compiled in the form of Specific Sections conforming to the above. In case of non-submission of above documents or submission of incomplete documents, the OWNER reserves the right not to evaluate such offers further and not to enter into correspondence in this regard after opening the Techno-commercial / Unpriced Bid.

21.2.3 ENVELOPE-III

21.2.3.1 Envelope-III (Priced Bid) shall consist of in the following manner:

(i) Preamble to Price Bid.

(ii) Priced Bid, duly filled in and completed in all respects, as per Annexure 1.2 given in the Bidding Documents.

21.2.3.2 PRICED BID (1 original + 4 copies) shall be submitted in a separate sealed envelope (ENVELOPE-III) duly signed and stamped on each page super scribing on the sealed envelope “Price Bid – Do not Open with Techno- Commercial Un-Priced Bid”. This part shall not contain any condition whatsoever failing which the Bids shall be liable to be rejected. In case of any correction, the bidder shall put its signature and its stamp. Eraser fluid will not be allowed for making any correction. The venue for submission of Envelope III shall be as detailed in Clause 21.3 below.

SECTION-VII: i) Vendor List prepared by Bidder for items not covered in OWNER’s Vendor List.

SECTION-VIII: i)

ii)

iii)

Bidder shall furnish complete manpower requirement with break up for operation of plant during commissioning, trial runs and guarantee tests.

Bidder shall also furnish a complete break up of manpower requirement for the normal operation of the plant as per best operation practice.

Bidder shall submit Estimated required Quantity of Construction Power and Water.

SECTION-IX i) Any other information required in the Bidding Documents or considered relevant by the Bidder

SECTION-X: i) Contents of Bid and Check List as per Annexure-1.21

SECTION-XI: i) One set, only, of Tender Documents Part-I (Commercial) & Part-II (Technical) along with subsequent addendums if any, duly signed and stamped on each page in original as a token of its acceptance.

SECTION-XII: Optional

Financing Model Including Suppliers credit



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21.2.3.3 Prices must be strictly filled in format for “Schedule of Prices (Annexure-1.2)” enclosed as part of bidding document. If quoted in separate typed sheets and any variation in description, unit is noticed, the bid is liable to be rejected. In any case Bidder shall be presumed to have quoted against the description of work and the same shall be binding on the Bidder.

21.3 Bid Submission:

The Bidder's bid and the documents attached thereto shall be considered as forming a part of the Bid Documents. All bids shall be prepared by typing or printing with indelible black ink. The original and duplicate copies must be specified clearly on the cover of each volume.

The Bids shall be superscribed “BROWNFIELD AMMONIA-UREA PROJECT, GNFC, GUJARAT, NIT No.: PNMM/PC54/E/001, Due date and time” and submitted strictly as per the following instructions:

Sealed Envelope I (in Original Only), Envelope II (Original +7 Copies+ Soft copy in CD form)and III (Original +4 Copies) shall be submitted only at:

Gujarat Narmada Valley Fertilizers & Chemicals Limited, P.O. Narmadanagar-392015 Distt. Bharuch Gujarat, India

Kind Attention : Mr. P. G Dave, Project Manager

Tel no. : +91-2642-663439

E-mail : [email protected]

The outside of the envelope should also indicate clearly the name of the Bidder and his address. In addition, the left hand corner of the envelope or container should indicate the Bidder’s Offer number. The envelopes without above details on the covers shall be opened at Bidder's risk.

22.0 DEADLINE FOR SUBMISSION OF BIDS:

22.1 Bids must reach the OWNER/PDIL at the address, specified under Clause-21 above, not later than the time and date as specified in the Letter inviting Bid, Sl. No. 3.8

22.2 Any bid received after the deadline specified in the NIT or as extended shall be liable to be rejected.

23.0 VOID

24.0 POLICY FOR BID UNDER CONSIDERATION

Bids shall be deemed to be "Under Consideration" immediately after they are opened and until such time that the official intimation of award / rejection is made by the Owner to the Bidders. While the bids are under consideration, bidders and/or their representatives or



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other interested parties are advised to refrain from contacting by any means, the Owner and/or his employees / representatives on matters related to the bids under consideration.

The Owner, if necessary will obtain clarifications on the bids by requesting for such information from any or all the Bidders, either in writing or through personnel contact as may be necessary. The Bidder will not be permitted to change the substance of the bid after the bid had been opened.

25.0 DEPUTATION OF REPRESENTATIVE FOR TECHNICAL & COMMERCIAL DISCUSSIONS

After opening of the Bids, to assist in the examination, evaluation and comparison of Bids, OWNER may, at its discretion, ask the Bidder for clarification on its Bid. The request for such clarification and the response shall be in writing either through fax or email.

Further OWNER may ask BIDDER to visit OWNER's/PDIL’s office for technical, commercial or financial clarifications.

BIDDER is expected to undertake such visits and participate in such meetings as and when called by the OWNER. All costs related to such visits shall be borne by BIDDER.

If required, Owner reserves the right to seek Revised Price Bid / the price implications (if any) to the extent and in areas required for evaluation only of such bidder(s) whose technical and unpriced commercial proposals are acceptable and complete. Owner’s decision in this regard shall be final and binding on the bidders.

26.0 EFFECT AND VALIDITY OF BID

26.1 The submission of any bid connected with these documents and specifications shall constitute an agreement that the Bidder shall have no cause of action or claim against the Owner for rejection of his bid. The Owner shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the Bidder shall have no claim in that regard against the Owner.

26.2 The bids should be kept valid for acceptance for a period of 9 (Nine) Months from the deadline for submission of bid. A Bid valid for shorter period may be rejected by the Owner as being non-responsive.

Under the exceptional circumstances, prior to expiry of the original Bid validity period, the Owner may request the Bidder for a specified extension in the period of validity. The request and the responses thereto shall be made in writing or by telefax or by E-mail.

26.3 In the event of OWNER seeking extension of period of validity of the Priced Bids, the validity of EMD shall also be suitably extended.

26.4 A Bidder agreeing to the request of OWNER seeking extension will not be required nor permitted to modify his bid, and will be required to extend the validity of his EMD correspondingly. However, Bidders request for revision/adjustment of Priced Bid under such circumstances may be considered by the OWNER. The provisions of Clause-10.0 regarding discharge and forfeiture of EMD shall continue to apply during the extended period of Bid Validity.



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27.0 COMPLETE SCOPE OF SUPPLIES/WORK

27.1 The complete scope of supplies and work/services has been defined in the bidding documents. Only those bidders who take complete responsibility and who bid for the complete scope of supplies and work/services as contained in the bidding document shall be considered for further evaluation.

27.2 If the contractor is required to engage a sub-contractor for any part of work, then such sub-contractors shall have prior proven experience of similar work and shall require specific approval by OWNER.

Following the notification of Letter of Intent, the CONTRACTOR will submit to the OWNER for approval the details of Sub-Contractors in line with requirement of Annexure - 1.23

The list of construction Sub-Contractors proposed in the Bids by the Bidders shall be considered as indicative only.

27.3 If a proposed sub-contractor has been approved by the OWNER, the CONTRACTOR shall not replace such approved sub-contractor with another sub-contractor without obtaining the OWNER’s prior approval for the proposed replacement.

27.4 The Bidder shall along with the bid furnish its Project Execution Plan, as per Annexure 1.8, 1.8A, 1.8B, 1.8C, 1.8D which shall be evaluated for technical acceptability of the Bids.

27.4.1 Bidder shall submit a commitment from its Chief Executive that the Project Progress Schedule shall be monitored by its Board and all actions required to arrest the failure/delays shall be initiated by them at the appropriate time. Such action plan document shall be sent by the CONTRACTOR’s home office to OWNER/ PDIL

27.4.2 Bidder shall ensure that the Project Execution Plan submitted by it are adequate for completing the work in all respects. All details as mentioned above shall be submitted along with Bid in the first instance.

27.4.3 Project Execution Plan shall be evaluated by the OWNER/ PDIL and in case the same is not found adequate for this work, such Bid(s) shall be treated Technically Not Acceptable and such Bid(s) shall not be considered for price opening.

28.0 EVALUATION AND COMPARISON OF BIDS

28.1 General

28.1.1 The OWNER wishes to finalise the award of work of the facilities covered under this bidding documents within a limited time schedule. OWNER expects bidders to confirm compliance to tender terms, conditions & Specifications, which shall stand frozen after Pre-Bid Conference, failing which the bids are liable to be rejected. Hence the bidders in their own interest are advised to submit their bids complete in all respects conforming to all terms and conditions of the bid document.

28.1.2 Bids shall be evaluated based on the information / documents available in the bid. Hence bidders are advised to ensure that they submit appropriate and relevant supporting documentation along with their proposal in the first instance itself. Bids not complying to



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the requirements of bid documents are liable to be rejected. Bidders are advised to fill up all Annexures carefully and provide reference to all relevant documents given in their bid offer.

28.1.3 Bidders shall quote their prices / rates in firm figures and without any qualifications. Each figure stated shall also be repeated in words and in the event of a discrepancy between the amount stated in figures and words, the rates quoted in words shall be deemed to be the correct amount. Bids containing qualifying expressions such as “subject to minimum acceptance” or “subject to prior sale” etc. will not be considered.

28.1.4 Impact of Performance & Productivity of Ammonia-Urea Plant.

The performance and productivity of the PLANTS offered would be considered while evaluating the prices. The Raw Material & Utility requirement of the PROJECT shall be the main factor considered for evaluation. The operating cost would be calculated for a minimum of 330 stream days per year. Expected annual production capacity would be based on provenness/ reliability of the process and equipment as assessed by the OWNER on the basis of data/ information furnished by the Bidders on operating plants using similar process and equipment. If so desired by the OWNER, Bidder would organise a visit of OWNER's Technical Personnel to such operating plants to verify the claims made by the Bidders.

28.1.5 The Owner’s evaluation shall also take into account the following:

a) The availability of spare parts and components within India.

b) The availability of after sales services.

c) Willingness of Bidders to give shop drawings of spare parts and main equipments.

28.2 The financial comparison shall be based on NPV arrived at using the following:

28.2.1 Lumpsum Price

Lumpsum Price along with, taxes, stamp duties, license fees, and other such levies applicable, of Ammonia - Urea plant and Associated Offsite & Utilities Facilities, comprising the Price of Supply and the Price of Services, as indicated by the bidder as per Annexure 1.2. The evaluated CONTRACT PRICE will be discounted, as per the billing schedule submitted by the Bidder for the implementation period.

The Bidder shall furnish, month-wise payment schedule of its CONTRACT PRICE for 34 months project schedule in Foreign Currency (FC) and Indian Currency (IC) in a tabular form and as a cash flow curve. The month-wise phasing of expenditure indicated by Bidder will be used for evaluation and form part of the CONTRACT for capping the monthly payment on cumulative basis subject to actual progress of work.

CONTRACTOR shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies applicable, on performance of WORK under CONTRACT, outside OWNER’s country. CONTRACTOR shall also be responsible for payment of all taxes, duties and levies such as custom duty, excise duty, sales tax, turnover tax, service tax, income tax, etc. as applicable on performance of WORK under CONTRACT, in India. All such taxes, stamp duties, licence fees, and other such levies applicable shall be quoted in



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Price of Ammonia - Urea plant and Associated Offsite & Utilities Facilities, comprising the Price of Supply and the Price of Services, as indicated by the bidder as per Annexure 1.2.

28.2.2 Loading toward Works Cost for Ammonia - Urea plant and Associated Offsite & Utilities Facilities

Calculation of Works Cost of Ammonia - Urea plant and Associated Offsite & Utilities Facilities shall be done as defined in Part-II, Section-7, Performance and Guarantee Test. Bidder shall furnish the Guaranteed Consumption Figures of Raw Material and Utilities as specified therein.

The differential Works Cost (in comparison to bidder quoting the lowest Works Cost) considering 330 stream days per year will be calculated and will be discounted, for a period of 15 years.

28.2.3 Set off on account of Taxes and duties

Bids shall be evaluated after considering the applicable set off on account of VAT only.

28.2.4 Set off on account of Supplier’s Credit

Bids shall be evaluated after considering the option of Financing Model Including Suppliers credit submitted by the Bidder.

28.3 To facilitate evaluation and comparison of prices, the OWNER will convert all bid prices expressed in Foreign Currency into Indian Rupees at rate of the concerned Foreign Currency, available on RBI website, on the date of opening of Price Bids.

28.4 Deleted

28.5 Bids shall be evaluated considering Project Import Status is available for the project i.e. full exemption from basic customs duty for import of all supplies for expansion or setting up of fertilizer projects.

28.6 It is mandatory for the bidder to indicate “QUOTED/Not applicable/Nil” in the unpriced schedule. If the Bidder fails to quote for any item in the Price bid, it will be implied that such item is either included elsewhere in the quoted prices or Not Applicable/Nil as per Owner’s decision depending upon the item.

28.7 Prices quoted for Supply of Optional Services as per Annexure-1.2, Part-A, Section-IV and Schedule of Daily/Hourly rates for change of Work Order as per Annexure-1.2, Part-A, Section-V shall not be considered for Bid Evaluation purpose.

29.0 PRICE VARIATION

The Bidder shall quote firm prices/ rates in the “Schedule of Prices (Annexure-1.2)”. Firm prices/rates shall not be subject to any escalation on any account till final acceptance of the plant except as otherwise specifically provided in the NIT/ Contract documents. Bids with variable prices may be disqualified.



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30.0 REBATE

30.1 No suo-moto reduction in price(s) by bidders is permissible after opening of the price bid. If any Bidder unilaterally reduces the price(s) quoted by him in his bid after opening of price bids, such reduction shall not be considered for comparison of prices but shall be binding on the Bidder if he happens to be selected for award of work.

31.0 AWARD OF CONTRACT

32.1 The CONTRACT will be awarded subject to the terms and conditions of this NIT to the competitive lowest evaluated Bidder submitting responsive bid, which is technically acceptable to the OWNER, in conformity with the requirements of this NIT and the Bidder is to the OWNER’s satisfaction competent to undertake the Scope of Work. The OWNER shall be the sole judge in behalf of the matters aforesaid. A responsive Bid is one which fulfills all requirements under NIT and accepts all terms and conditions of these specifications and documents without any modifications. A modification is one which affects in any way the prices, quality, quantity or completion period of the Work or which limits in any way the responsibilities or liabilities of the Bidder or any rights of the OWNER as required in these specifications. The decision of OWNER is final in this regard.

32.2 After selection, a Letter of Intent (“LOI”) shall be released by the OWNER to the selected Bidder. Letter of Acceptance (“LOA”) by the Bidder must be submitted within 7 days. No delay shall be permitted and in the event Bidder’s LOA is not received by stipulated date, the OWNER may, unless the OWNER consents to extension of time for submission of LOA, appropriate the EMD of such Bidder as mutually agreed genuine pre-estimated loss and damage suffered by the OWNER on account failure of the Bidder to accept LOI. The LOA shall be subject to acceptance by the OWNER.

32.3 After acceptance of the LOA by the OWNER, the Bidder shall enter into the CONTRACT with the OWNER.

33.0 SIGNING OF CONTRACT

33.1 OWNER and successful bidder will finalize the CONTRACT. Both the OWNER and the CONTRACTOR shall initial the agreed CONTRACT. This CONTRACT shall be subject to the approvals by the Board of Directors of GNFC, Government of India if required and any variations suggested by the Board / Government of India shall be incorporated in the CONTRACT subsequently which shall be binding on CONTRACTOR and OWNER.

33.2 The OWNER shall communicate the variations, if any, as suggested by the Board / Government of India to the CONTRACTOR and incorporate the same in the CONTRACT. Thereafter a contract agreement shall be finalized between the OWNER and the BIDDER and signed within 30 days of acceptance by the BIDDER..

34.0 OWNER’S RIGHT TO ACCEPT/REJECT BIDS

34.1 The OWNER reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of Contract without thereby incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the ground of OWNER’s action.



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34.2 It is observed that many bidders indulge in trading in contracts by entering into undisclosed back-to-back arrangements for the whole or a substantial portion of a CONTRACTOR’s obligations under the contract. Consequently, if a bidder proposes to enter into any such arrangements upon a successful award of work or has in place any such arrangement which will become operative upon the award of work, the bidder must make a complete disclosure of such arrangement or proposed arrangement in its proposal, and all provisions applicable to sub-contractor(s) in terms of bidding documents shall apply to such arrangements.

34.3 If the existence of such an undisclosed arrangement is reasonably apprehended by the OWNER in the case of a bidder, the OWNER may reject such bidder’s bid as not responsive.

34.4 If such an undisclosed arrangement is discovered after the award of work, such arrangement(s) shall be deemed to constitute an assignment of contract and a ground of termination pursuant to the provisions of termination under the Bid conditions.

35.0 CONTRACT SECURITY DEPOSIT BANK GUARANTEE and PERFORMANCE BANK GUARANTEE

35.1 As a Guarantee for Contract Security and faithful Performance, Workmanship, Defects

and Deficiencies a successful Bidder, to whom the work is awarded, shall be required to furnish two separate Bank Guarantees, as per the forms attached in Annexure- 1.16A and 1.16B and briefed hereunder:

35.1.1 Confirmed Irrevocable Security Deposit Bank Guarantee (valid upto Acceptance):

Within 30 DAYS after receipt of CONTRACT by CONTRACTOR, the CONTRACTOR shall furnish to the OWNER the Security Deposit Bank Guarantee equal to ten per cent (10%) of the TOTAL CONTRACT PRICE. The Validity of this Bank Guarantee shall be till date of Acceptance of Plant by OWNER plus claim period of three months.

35.1.2 Confirmed Irrevocable Performance Bank Guarantee (valid from Acceptance to

Defect Liability Period) . At least two months prior to the expiry of Security Deposit Bank Guarantee, the CONTRACTOR shall furnish to the OWNER, the Performance Bank Guarantee equal to five per cent (5%) of the TOTAL CONTRACT PRICE. The Validity of this Bank Guarantee shall be till Defects Liability period plus claim period of three months. The period of defects liability shall be 12 months from the date of Acceptance of Plant by OWNER.

35.2 Failure of the successful Bidder to comply with the requirement of Clause 35.1.1 hereof shall constitute sufficient grounds for the annulment of the award in which event OWNER may call for fresh Bids, without prejudice to its rights and remedies as set forth in this NIT or otherwise in law. Similarly, failure of the successful Bidder to comply with the requirement of Clause 35.1.2 hereof shall constitute sufficient grounds to recover the Security Deposit Bank Guarantee amount, without prejudice to its rights and remedies as set forth in this NIT or otherwise in law.

35.3 The proceeds of Contract Security Deposit Bank Guarantee / Performance Bank Guarantee shall be appropriated by the OWNER as compensation for any loss resulting from the CONTRACTOR'S failure to complete his obligations under the CONTRACT without prejudice to any of the rights or remedies the purchaser may be entitled to as per Terms and Conditions of CONTRACT.



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36.0 GENERAL INSTRUCTIONS

36.1 Suitability of Plant

Before submitting his bid the bidder shall ensure that compliance with any requirements of the specification would not render the plant unsuitable in any respect for the purposes mentioned or inherent in the Specification. Should the Bidder consider that compliance with any requirements of the Specification would render the plant unsuitable, he shall submit a proposal or proposals for modifying the requirements and shall include these in the "Schedule of Deviations” from the specification.

36.2 TRANSFER OF TENDER DOCUMENTS/PROPOSAL

36.2.1 Transfer of Bid submitted by one BIDDER to another is not permitted. No alteration in the essence of a Bid, once submitted, shall be permitted.

36.2.2 OWNER reserves the right to verify all statements/information submitted to confirm the Bidder’s claim on experience on the performance of equipment offered and capabilities of the Bidder to perform the Scope of Work. OWNER may inspect similar facilities built by the Bidder. Bidder shall co-ordinate and arrange for visit. However all expenses of such visit of OWNER’s Officials / OWNER’s Representative will be borne by OWNER.

36.2.3 OWNER shall not entertain any correspondence with any Bidder on acceptance or rejection of any Bid.

36.2.4 Oral statements made by the Bidder at any time regarding any matter including quality, or arrangement of the equipment or any other matter will not be considered and will not be binding on the OWNER.

36.2.5 Standard catalogue pages and other documents of the Bidder may be used in the Bid to provide additional information and data as deemed necessary by the Bidder.

36.2.6 Bidder will furnish the Bid with all relevant information’s as called for. Bids with incomplete information are liable for rejection.

36.2.7 The Bid shall be submitted in line with clause wise compliance of this NIT. Deviation, if any, shall be separately highlighted as per Annexure-1.4.

36.2.8 Any clause which is specifically not covered under Annexure-1.4, will be presumed to have been agreed, unconditionally, by the bidder.

36.2.9 If at any later date, it is found that documents, information and data submitted by the Bidder in the Bid, and based on which the Bidder has been considered eligible or successful or has been awarded the Contract is incorrect or false to the extent that had the correct or true information been made available to the OWNER at the time of Bid evaluation, the bid would have been declared ineligible or unsuccessful, the Bidder shall be forthwith disqualified or, as the case may be, the contract awarded based on such incorrect or false information shall be cancelled and the EMD/PBG shall be liable to be forfeited.

37.0 OPTIONAL FINANCING MODEL INCLUDING SUPPLIERS CREDIT

Bidder shall submit Financing Model Including Suppliers credit as option. Based on the details of the model, suitable financial loading / benefit shall be considered for evaluation.


PC54/E-1/P-I/2.0 0 DOCUMENT NO RE

V SHEET 1 OF 78

PART I: COMMERCIAL

SECTION – 2.0

BID CONDITIONS

BROWNFIELD AMMONIA-UREA PROJECT

GNFC, BHARUCH

March- 2013



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INDEX

ARTICLE - 1 DEFINITIONS

ARTICLE - 2 SCOPE OF CONTRACT

ARTICLE - 3 CONTRACTOR’S OBLIGATIONS

3.1 General 3.2 Guarantees and Liabilities 3.3 Contractors’s General Responsibility 3.4 Outline of the Work 3.5 Information to Government Authority / Financing Institution 3.6 Packing 3.7 Delivery of Documents 3.8 Insurance 3.9 Dispatch, Transportation / Shipping 3.10 Incidental Services

ARTICLE - 4 OWNER’S OBLIGATIONS

4.0 General 4.1 Basic Design Conditions 4.2 Overall Co-ordination 4.3 Monitor, Review and Approval of work 4.4 Local Government Clearance 4.5 Facilities for Contractor’s personnel 4.6 Operating Personnel 4.7 Feedstock, Utillities and Chemicals 4.8 SITE for erection of PLANT and SITE facilities 4.9 Payment against Contractor’s Invoices

ARTICLE - 5 WARRANTIES, GUARANTEES AND LIABILITIES

5.1 Warranties and Guarantees 5.2 Performance Guarantee for PLANT 5.3 Performance Guarantees 5.4 Performance Guarantee Test Run 5.5 Construction and Load Data



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5.6 Delay in Contractor’s performance 5.7 Rejections, Removal of Rejected Equipment and

Replacement 5.8 Corrective measures and Mutually Agreed Damages 5.9 Mutually Agreed Damages 5.10 Acceptance of Plant 5.11 Design and Vendor’s Guarantees 5.12 Patent Infringement and Indemnification 5.13 Limitation of Liability

ARTICLE - 6 PRICES

6.1 Contract Price 6.2 Taxes and Duties

ARTICLE - 7 TERMS OF PAYMENT

7.1 Terms of Payment 7.2 VOID 7.3 Payment Currencies 7.4 Instruction for Invoicing and Payment Documentation

ARTICLE - 8 MECHANICAL COMPLETION, COMMISSIONING, SUSTAINED LOAD TEST AND GUARANTEE TEST RUN

8.1 Mechanical Completion Period 8.2 Mechanical Completion 8.3 Permits and certificates 8.4 Specifications 8.5 Performance Tests

ARTICLE - 9 ACCEPTANCE OF PLANT

ARTICLE-10 GENERAL TERMS AND CONDITIONS OF CONTRACT

10.1 Governing Language 10.2 Governing Laws 10.3 Effective date of Contract 10.4 Completion Period 10.5 Contract Confirmation and Entire Agreement



V SHEET 4 OF 78

10.6 Instructions, Directions and Correspondence 10.7 Modifications in Contract 10.8 Change in Scope of Contract 10.9 Change in Codes and Standards 10.10 Use of Contract Document and Information 10.11 Bank Guarantee for Performance of CONTRACT 10.12 Sub-contracts 10.13 Termination of CONTRACT 10.14 Force Majeure 10.15 Resolution of Disputes / Arbitration 10.16 Notices 10.17 Mechanics Lien 10.18 Recovery of Sums / Dues 10.19 Payment etc. not to affect rights of the Owner 10.20 Cut-Off dates 10.21 Procurement of additional spares by OWNER



V SHEET 5 OF 78

ARTICLE-1

DEFINITIONS

In this NIT unless there is anything repugnant or inconsistent to the subject or meaning thereof, the following words and phrases shall mean and include as hereafter defined.

1.1 ‘ACCEPTANCE OF PLANT’ shall mean taking over of the PLANT for operation and maintenance by the OWNER after CONTRACTOR has fulfilled its obligations under Article 9.

1.2 ‘ANNEXURE/S’ shall mean annexure/s attached hereto and forming an integral part of this NIT.

1.3 ‘APPROVAL’ shall mean and include the written consent, either manuscript, type written or printed statement, under signature or seal, as the case may be, of the OWNER or its authorized representative on documents, drawings or other particulars in relation to the NIT.

1.4 ‘BATTERY LIMITS’ means boundaries enclosing the area within which PLANT and associated facilities as set forth in the NIT at ANNEXURE-1 of PART-II: Technical, Section-1.0.

1.5 ‘BID’ shall mean the proposal/document that the BIDDER submits in the requested and specified form in the specification in response to this NIT.

1.6 'BIDDER' shall mean the firm/party/consortium who quotes in response to

an invitation to bid/this NIT, from the OWNER. 1.7 ‘CHANGE ORDER’ means an order by which a change is ordered or other

notification made to the Contractor in accordance with the CONTRACT. 1.8 ‘CODES’ shall mean the following, including the latest amendments,

and/or replacements, if any:

a) All relevant Indian Acts, and Rules and Regulations made there under;

b) ASME Codes c) AIEE Codes d) American Society of Testing of Materials (ASTM) Codes e) Other internationally applicable standards and/or Regulations the

subject matter of the CONTRACT. f) Indian Employees Provident Fund Act, g) Pollution Control norms of Gujarat / INDIA



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h) Contract Labour i) Minimum Wages Act j) Any other labour laws of INDIA applicable during execution of

contract. k) Any other codes/standards specified in the contract documents.

1.9 ‘COMMERCIAL PRODUCTION’ means the production of Ammonia

and Urea by the PLANT meeting the required quality specified in the technical documents after having run the PLANT on continuous basis to produce quantity specified at technical SPECIFICATION of NIT.

1.10 ‘COMMISSIONING’ shall mean feeding the raw-material (feedstock) into the PLANT following MECHANICAL COMPLETION, lining-up various sections of the PLANT leading to operation for production of Ammonia and Urea.

1.11 ‘PMC’ shall mean Project Management Consultant, the agency nominated/appointed by the OWNER for the project/job/WORKS other than CONTRACTOR.

1.12 ‘CONTRACT PERIOD’ shall mean the time period (as extended by the OWNER after mutual agreement between OWNER and CONTRACTOR from time to time where appropriate) during which the CONTRACT shall be executed as agreed to between CONTRACTOR and the OWNER in the CONTRACT.

1.13 ‘CONTRACT’ shall mean agreement to be entered into for the SCOPE OF CONTRACT between the OWNER and the CONTRACTOR to be signed by the PARTIES including all attachments, subsequent amendments and appendices thereto mutually agreed between OWNER and CONTRACTOR in WRITING and all documents incorporated by reference therein.

1.14 ‘CONTRACT PRICE’ shall mean the total price payable to the CONTRACTOR under Article 6 of this CONTRACT for the full and proper performance of this CONTRACT.

1.15 'CONTRACTOR' shall mean the successful Bidder whose bid has been accepted by the OWNER and who has been selected by the OWNER for the award of WORKS and shall include his heirs, legal representatives, successors and permitted assigns.

1.16 ‘DAY’ shall mean a continuous period of twenty-four hours commencing from a particular point of time.

1.17 ‘DEFECT’ means any work done or any Material or the Plant or any part of it which does not comply with the CONTRACT, provided that such matter shall not be a Defect if it is caused by:

a) normal wear and tear; b) a failure by the PURCHASER to operate and maintain the PLANT in

accordance with any operating and maintenance manuals provided by the CONTRACTOR and/or with good engineering practice; and/or



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1.18 ‘DEFECT LIABILITY PERIOD’ shall mean a period of 12 months

commencing from the date of ACCEPTANCE OF PLANT. CONTRACTOR shall warrant that the equipment and material supplied under the CONTRACT shall be new and free from any defect or deficiency with respect to design, material and workmanship. In the event of any, defect or deficiency arising during the defects liability period, CONTRACTOR shall repair or replace the defective or deficient equipment and materials at its own cost. In such event the DEFECT LIABILITY PERIOD for the particular equipment shall be another 12 months from the date of acceptance by OWNER of such replaced/repaired equipment/material. However, extended DEFECTS LIABILITY PERIOD shall have an upper limit of 36 months for extended DEFECTS LIABILITY PERIOD, starting from the ACCEPTANCE OF PLANT.

1.19 ‘DELIVERY’ shall mean the receipts of EQUIPMENTS at SITE along with the invoice/s and all other documents as shall be specified in the conditions of CONTRACT.

1.20 ‘DRAWINGS’ shall mean and include engineering drawings, sketches, plans, sections and elevations related to the CONTRACT together with modification and/or revision thereto.

1.21 ‘EFFECTIVE DATE OF CONTRACT’ shall be as defined in Article 10.3 . 1.22 ‘EQUIPMENT’ shall mean all INDIGENOUS ITEMS and IMPORTED

ITEMS such as machinery, piping, materials, spares, chemicals, adsorbent, resin and catalysts, including spare parts and other items required for reliable, efficient operation of the PLANT and which form part of the PLANT as required under the CONTRACT.

1.23 ‘GUARANTEE TEST RUN’ shall mean the successful test operation of the PLANT to establish the guarantees as mentioned under Article 8.

1.24 ‘IMPORTED ITEMS’ shall mean such imported items, which includes items of imported origin, such as machinery, piping, equipment, materials, spares, chemicals, adsorbent, resin and catalysts, including spare parts and other items required for the reliable, efficient operation of PLANT and which form part of the PLANT as required under the CONTRACT.

1.25 ‘INDIGENOUS ITEMS’ shall mean such items as machinery, piping, equipment, materials, spares, chemicals, adsorbent, resin and catalysts, including spare parts and other items required to be procured within India for the reliable, efficient operation of the PLANT and which form part of the PLANT as required under the CONTRACT.

1.26 ‘INSPECTOR’ shall mean any person or outside agency nominated by the OWNER to inspect EQUIPMENT stage wise as well as final inspection before dispatch at SUB-SUPPLIER’s works and on receipt at SITE as per the terms of CONTRACT.

1.27 ‘MECHANICAL COMPLETION’ shall mean the same as defined under Article 8.2.



V SHEET 8 OF 78

1.28 ‘MONTH’ shall mean a continuous period, commencing from a

particular day in a calendar month and ending on the day immediately prior to a corresponding day in the following month.

1.29 ‘MUTUALLY AGREED DAMAGES’ (MAD) means the pre-defined mutually agreed rates between OWNER and CONTRACTOR as detailed in NIT representing the ‘CONTRACTOR’s liability (without possibility to recourse at Law) for the delay in achieving ACCEPTANCE OF PLANT for reasons attributable to the CONTRACTOR and / or for the failure to meet WORKS COST and performance guarantees provided under clause 5.2 of NIT.

1.30 ‘NOTICE INVITING TENDER (NIT)/ INVITATION TO BID (ITB)’ means Tender as originally issued and any Addendum / Amendment(s) issued thereafter.

1.31 'NOTICE OF AWARD OF THE CONTRACT'/'LETTER OF INTENT'/’LOI’ shall mean the official notice issued by the OWNER notifying the CONTRACTOR that his bid has been accepted, subject to such conditions as may have been stated therein as agreed on between CONTRACTOR and OWNER and that the CONTRACTOR is required to sign the CONTRACT Agreement.

1.32 ‘OWNER’ shall mean Gujarat Narmada Valley Fertilizers & Chemicals Limited (GNFC) having its registered office at –P.O. Narmadanagar -392015, District ,Bharuch, Gujarat, India.

1.33 ‘OSBL’ shall mean the facilities to be provided / erected at OWNER'S SITE Outside BATTERY LIMITS of PLANT.

1.34 ‘PARTIES’ shall mean CONTRACTOR and OWNER, jointly. 1.35 ‘PARTY’ shall mean CONTRACTOR or OWNER as the case may be

the context so requires. 1.36 ‘PLANT’ shall mean the process units, AMMONIA Plant, UREA PLANT,

Associated Offsite & Utilities Facilities, as defined in the design basis as per PART-II, TECHNICAL, SECTION 5.1 of NIT and designed to achieve PERFORMANCE & GUARANTEE TESTS.

1.37 ‘PROJECT’ shall mean all activities for setting up of the PLANT to be erected at SITE.

1.38 ‘PURCHASE ORDER(S)’ means the Purchase Orders and all attached exhibits and documents referred to therein and all terms and conditions thereof together with any subsequent modifications thereof placed by the CONTRACTOR on its VEDNOR/s and/or SUB-CONTRACTORS.

1.39 ‘SCOPE OF CONTRACT’ shall mean providing services and supplies as mentioned in Article 2 of the CONTRACT.

1.40 ‘SITE’ shall mean the PLANT site located within OWNER’s existing Fertilizers & Chemicals Complex at Narmadanagar, Dist-Bharuch, Gujarat, India, where PLANT is to be constructed utilizing the EQUIPMENT supplied under the CONTRACT.

1.41 ‘SPECIFICATIONS’ shall mean and include schedules, detailed description and statement of technical data, performance



V SHEET 9 OF 78

characteristics, standards & codes as applicable and specified in the CONTRACT.

1.42 ‘SUB-CONTRACT’ shall mean order/s placed by the CONTRACTOR for any portion of SCOPE OF CONTRACT.

1.43 ‘SUB-CONTRACTOR’ shall mean any or all persons, firms or companies selected by CONTRACTOR with approval in WRITING by OWNER from whom a portion of SCOPE OF CONTRACT are procured by the CONTRACTOR.

1.44 ‘SUB-SUPPLIER’ shall mean any or all persons, firms or companies selected by CONTRACTOR with approval in WRITING, by OWNER from whom EQUIPMENT are procured by CONTRACTOR.

1.45 ‘SUSTAINED LOAD TEST’ shall mean the load test to be carried-out by the CONTRACTOR as per Article 8.

1.46 ‘TEMPORARY WORKS’ means all temporary works and structures of every kind constructed at the SITE and required for the provision and construction of the PLANT.

1.47 ‘TEST’ shall mean such process or processes to be carried out by the CONTRACTOR as are prescribed in the CONTRACT or considered necessary by CONTRACTOR and/or OWNER or their representative in order to ascertain quality, workmanship, performance and efficiency of EQUIPMENT or part thereof.

1.48 ‘VENDOR’ shall mean the same as SUB-SUPPLIER. 1.49 ‘WEEK’ shall mean a continuous period of seven days commencing

from and inclusive of a particular DAY. 1.50 ‘WORK’ or ‘WORKS’ shall mean all activities required to be

performed by the CONTRACTOR for setting up of the PLANT and any TEMPORARY WORKS required for the same and subsequent dismantling or removal of the Temporary Works when no longer required, pursuant to CONTRACT.

1.51 ‘WORKS COST’ shall mean the costs of raw materials and utilities for the PLANT calculated as specified in PART-II: Technical, Section-7.0.

1.52 ‘WRITING’ shall mean any document duly signed by a person authorized by CONTRACTOR or OWNER or both the PARTIES as the context so requires.

END OF ARTICLE 1



V SHEET 10 OF 78

ARTICLE -2

SCOPE OF CONTRACT

2.1 The scope of work includes, but shall not be limited to,

a) supply of process license, b) basic design and detailed engineering, c) Conducting HAZOP Study and incorporating its recommendation in

the Project d) procurement, supply, fabrication, inspection by third party inspection

agency (TPI) as applicable, expediting, route survey for ODCs of EQUIPMENT,

e) Supply of PLANT, EQUIPMENT, Machinery, accessories, auxil iaries, spares(commissioning and mandatory), all special tools and tackles required for the maintenance of PLANT and other related items

f ) carry out the services of port and custom clearance, handling and storage at port/Airport,

g) arranging comprehensive insurance including ALOP (Advance Loss Of Profit) and Delayed Start-up,

h) packing, transportation of all equipments / materials to work site including loading/un-loading, storage,

i) construction and erection of all civil, mechanical, electrical and instrumentation works, assembly and installation,

j) temporary site facility required for execution of project, k) obtaining all necessary statutory approvals from concerned

government authorities, as applicable, l) testing, m) mechanical completion, pre-commissioning, n) commissioning, o) sustained load test, p) performance and guarantee test run, q) total project management, r) supply of intermediate (for review and approval) and final

DRAWINGS & DOCUMENTS, s) handing over of Ammonia plant of capacity 2500 MTPD, Urea plant

of capacity 3850 MTPD and along with associated offsite & utilities facilities as per CONTRACT specifications at OWNER’s existing complex in Bharuch, duly completed in all respects, on single point responsibility basis and on Lump Sum Turnkey Contract (LSTK) basis.

t) Any additional equipment/facility whether mentioned or not, but which is necessary for the satisfactory completion of the PLANT allowing subsequent operation and maintenance and for achieving the guaranteed performance of the PLANT along with Associated Offsite & Utilities Facilities shall be supplied, erected and commissioned by CONTRACTOR.



V SHEET 11 OF 78

u) In addition to above following services and supply may be required

from CONTRACTOR for which optional price is to be quoted at ANNEXURE-1.2: 1) Engineering for OSBL from PLANT BATTERY LIMIT to Tie-in

point. 2) Ammonia storage tank(atmosphere) of 10,000 MT capacity with

associated facility 3) Urea conveying, Bagging and loading 4) Urea Silo for 15,000 MT storage capacity 5) Approach to zero pollution with total recycle of liquid effluent from

PLANT and CO2 recovery from flue gas.

END OF ARTICLE 2



V SHEET 12 OF 78

ARTICLE - 3

CONTRACTOR’S OBLIGATIONS 3.1 General

Under this CONTRACT, CONTRACTOR will provide services and supply EQUIPMENT to build PLANT as defined in this CONTRACT including Technical SPECIFICATIONS as per PART-II: Technical which are integral part of this CONTRACT. OWNER is an ISO 14001 and ISO 18001 certified company and complies with all rules and regulations covered under these certifications. CONTRACTOR shall consider this while fulfilling obligations under this CONTRACT and incorporate all necessary measures as required and in consultation with OWNER.

3.2 Guarantees and Liabilities 3..2.1 CONTRACTOR shall be fully responsible to OWNER for all guarantees

and liabilities covered under this CONTRACT as per Article 5. 3..2.2 Any other obligation imposed upon CONTRACTOR by the terms of the

CONTRACT. 3.3 CONTRACTORS’s General Responsibility 3.3.1 CONTRACTOR shall provide License(s) to OWNER for PLANT

process technologies for fulfilling its obligations under CONTRACT. 3.3.2 CONTRACTOR shall provide services of sufficient number of

engineers, designers, draftsmen, buyers, inspectors, expediters and other persons required for the performance of WORK pursuant to the CONTRACT.

3.3.3 In the event that there is any of the EQUIPMENT or WORK of the type, which is not specifically mentioned in the SPECIFICATIONS or drawings set out in CONTRACT, but which is necessary for normal, safe, and continuous operation of PLANT with guaranteed capacity and quality of product and quality and quantity of effluents on continuous basis through-out the year, CONTRACTOR shall supply such items of EQUIPMENT or WORK or perform such WORK that are required to be done within PLANT, free of cost to OWNER, as if the same had been originally included in CONTRACT.

3.4. Outline of WORK In order to supply the PLANT, CONTRACTOR shall provide and be responsible for the tasks specified in this Article but not limited to, under the following headlines:

- License and Process know-how - Design and Engineering



V SHEET 13 OF 78

- Review and Analysis - Technical SPECIFICATIONS - Codes and Standards - Drawings and Documents. - HAZOP Analysis - Procurement Services. - Laws and Regulations - Statutory Approvals - Inspection, Testing and Expediting - Spares and Special Maintenance Tools - Lubricants - Construction Tools - Transportation and Storing of EQUIPMENT - Construction - Safety and PLANT Security - Pre-COMMISSIONING services - Erection, COMMISSIONING and GUARANTEE TEST RUN - Manpower assistance - MECHANICAL COMPLETION - COMMISSIONING services - Performance Guarantees - Progress Monitoring and Reporting - PROJECT co-ordination - Technical Information - Work of Sub-Contractors - Training of OWNER’s personnel

3.4.1 License and Process Know-how: The CONTRACTOR shall provide the License and Process Know-how and

basic engineering for construction and operation of the PLANT. 3.4.2 Design and Engineering The design and engineering shall be so performed that PLANT shall be

capable of meeting the guarantees with respect to quality and quantity of products, consumption of raw materials and utilities (as proven by WORKS COST), and Pollution Level as guaranteed under this CONTRACT as per PART-II: Technical, Section-7.0, and shall be reliable, safe and operable in accordance with sound engineering practice. CONTRACTOR shall ensure that the design shall be in accordance with LICENSOR’s experience and expertise for obtaining a full throughput from PLANT under varying conditions within the limits specified in CONTRACT. CONTRACTOR shall carry out engineering work on software like Smart Plant or PDMS and offer for OWNER’s review at various stages.

CONTRACTOR shall review the basic design conditions, including soil

data, and other conditions furnished by OWNER at PART-II: Technical. If



V SHEET 14 OF 78

CONTRACTOR observes any inconsistency or insufficiency in these data, CONTRACTOR shall bring the same to the notice of OWNER. CONTRACTOR may carry out additional soil investigation if desired by him at his own cost.

3.4.3 Review and Analysis

CONTRACTOR shall allow OWNER/PMC'S representative to review the design and engineering and CONTRACTOR shall incorporate in its design and engineering such additions and changes suggested by OWNER'S representative as long as these do not conflict with the responsibility of CONTRACTOR in fulfilling its guarantees under CONTRACT provided they are necessary for safe and reliable operation of the PLANT. Detailed list for category of DOCUMENT to be reviewed is as per PART-II: Technical, Section-8.0 The review and approval shall follow the Review and Approval Procedures defined in the Co-ordination procedure.

3.4.4 TECHNICAL SPECIFICATIONS 3.4.4.1 The CONTRACTOR shall ensure that the modern practices in the

design and manufacture of PLANT are followed notwithstanding any omission in the SPECIFICATIONS.

3.4.4.2 The execution shall be in strict compliance to the SPECIFICATIONS

enclosed at PART-II: Technical. Other relevant standards for fitting and attachments shall also be strictly followed. Components for which there are no relevant standards shall be designed and manufactured as per good engineering practices. The true intent and meaning of these documents is that CONTRACTOR shall in all respects design, engineer, ensure quality of EQUIPMENT and PLANT, Erect & Construct, Commission and hand over the PLANT in a thorough workmanlike manner and PLANT the same in prescribed time in accordance with the provisions of the CONTRACT.

3.4.4.3 All dimensions and weights should be in the METRIC / SI system

3.4.4.4 CONTRACTOR shall undertake to design the catalytic reactors / reactors on the basis of commercially proven catalysts of reputed catalyst VENDORS. A catalyst will be deemed to be commercially proven if it has successfully operated in similar services under comparable operating conditions.

3.4.5 Codes and Standards The engineering shall be performed according to acceptable

international standards, as specified in the Technical



V SHEET 15 OF 78

SPECIFICATIONS attached at PART-II: Technical, meeting safety and other requirements of various national/international Codes and Regulations being in force as on EFFECTIVE DATE OF CONTRACT. The design of PLANT shall be based upon the criteria enumerated in CONTRACT.

A typical list of Indian Acts, Rules and Regulations applicable is also appended in PART-II: Technical. However, it shall be CONTRACTOR'S responsibility to follow all Indian rules and Regulations as applicable to the PLANT.

3.4.6 Drawings and Documents 3.4.6.1 CONTRACTOR shall submit to OWNER the following drawings and

documentations as required :

a) 20 (twenty) sets Operation and Maintenance Manuals for PLANT. These manuals shall be furnished at least six MONTHS prior to MECHANICAL COMPLETION. The entire Operation and Maintenance Manuals shall be supplied in editable MS Word format and PDF on two sets of CD.

b) 8 (Eight) copies and in 2 (two) sets of CD ROM of final 'as built'

drawings within 4 WEEKs after ACCEPTANCE OF PLANT. All drawings / documents shall be in PDF and editable native format or mutually agreed format.

c) 5 (five) copies of all intermediate drawings for review / approval /

information of OWNER as required including VENDOR documents and two copies of Technical Catalogues and as per PART-II: Technical, Section-8.0.

d) 2 (two) copies of all major correspondence exchanged with OWNER

and 2 (two) copies of all correspondence exchanged with any other party in connection with the WORK except for general correspondence which will be done by e-mail. Modalities to be discussed during kick-off meeting to finalize Project co-ordination procedure.

e) Required copies of drawings for statutory approvals. Anything mentioned with regard to number of copies to be submitted by CONTRACTOR, mentioned in Technical SPECIFICATIONS in PART-II: Technical.

3.4.6.2 The types of drawings and documents to be delivered by the CONTRACTOR as follows but not limited to:



V SHEET 16 OF 78

a) Process and engineering flow diagram, line conditions list, heat and material balance including steam, power and utilities.

b) Piping and instrumentation diagrams for process facilities and utility systems.

c) Interlock diagram with control narratives. d) Operating manual covering all aspect like initial start-up, normal start-

up, normal shutdown, emergency shutdown, analytical procedure etc. e) HAZOP report f) PLANT arrangement drawings. g) Drawings of EQUIPMENT (inclusive of shop fabrication drawings to

the extent furnished by the VENDOR and if non-proprietary in nature)

h) SPECIFICATIONS and data-sheets of all critical EQUIPMENT. i) Characteristic curves of fans, blowers, pumps, and compressors etc.

as normally made available by VENDOR. j) Instrumentation and electrical drawings including motor list

and civil foundation drawings. k) Catalysts, adsorbents, resins and chemicals detailed specifications

including MSDS. l) Drawings, procedures, and special tools & tackles and devices for the

erection of EQUIPMENT. m) Unpriced PURCHASE ORDER(S) for all EQUIPMENT. n) SPECIFICATIONS and data sheets of EQUIPMENT for approval by

OWNER before manufacture is started. o) Shop fabrication drawings of VENDORs p) Copies of certified drawings for EQUIPMENT purchased as standard

items from VENDOR and copies of pertinent bulletins and instruction manuals.

q) Lubrication schedule from VENDOR. r) Certified drawings including civil scope drawing and loading data,

pertinent bulletin, installation, operation and maintenance manuals and test certificates as received from VENDOR

s) The final job SPECIFICATION books at least 12 MONTHS before MECHANICAL COMPLETION and the mechanical catalogues (along with EQUIPMENT).

t) CONTRACTOR shall provide the list of recommended spare parts for EQUIPMENT. The CONTRACTOR shall also provide cross sectional drawings wherever applicable to identify the spare part numbers and their location, e.g. the sizes of bearings / seals, their make and number shall be furnished.

u) During the progress of WORK, CONTRACTOR shall furnish to OWNER such copies of drawings, SPECIFICATIONS and manuals as specified in PART-II: Technical, Section-8.0 and as specified in the Co-ordination Procedure. (to the extent normally given by the VENDOR and relate to information/drawings that are non-proprietary in nature.)

v) Final revised VENDOR’s DRAWINGS of EQUIPMENT.



V SHEET 17 OF 78

3.4.6.3 The final documents once submitted by the CONTRACTOR shall be firm and final and not subject to subsequent changes. The CONTRACTOR shall be responsible / liable in all respects to the OWNER consequent to furnishing of the incorrect data / drawings.

3.4.7 VOID 3.4.8 HAZOP Analysis

CONTRACTOR shall carry out HAZOP analysis of the PLANT design including compressors and packages as per international norms and practices with OWNER’s participation. Any changes arising out of HAZOP study shall be incorporated by CONTRACTOR without additional cost to OWNER.

3.4.9 Procurement Services 3.4.9.1 CONTRACTOR shall carry out procurement of EQUIPMENT

required for the PLANT. EQUIPMENT procured shall be according to CONTRACT SPECIFICATIONS, of the best acceptable quality, proven record of performance and with suitable delivery time to meet MECHANICAL COMPLETION as guaranteed by the CONTRACTOR.

3.4.9.2 CONTRACTOR shall furnish a copy of un-priced PURCHASE

ORDER for all items of selected EQUIPMENT together with spares and special maintenance tools covering all terms and conditions such as SPECIFICATIONS requirements for quality, inspection, and test, warranties and guarantees, erection and COMMISSIONING assistance by VENDOR, delivery schedule, packing, transportation and insurance, and documentation. CONTRACTOR shall select the VENDOR(S) from the approved VENDOR list enclosed at PART-II: Technical, Section-13. In case the OWNER finds that the SPECIFICATIONS mentioned in the PURCHASE ORDER does not meet the requirements of the CONTRACT, then the OWNER shall ask the CONTRACTOR to take corrective action, which the CONTRCTOR shall act upon.

3.4.9.3 CONTRACTOR shall be responsible for all co-ordination with

VENDORs and SUB-CONTRACTORS. 3.4.9.4 CONTRACTOR shall arrange, services of VENDOR'S specialist for

installation and COMMISSIONING of EQUIPMENT whenever necessary.



V SHEET 18 OF 78

3.4.9.5 Any approval by OWNER/PMC'S representative shall not relieve

CONTRACTOR of such responsibility. 3.4.9.6 CONTRACTOR shall not procure and supply any EQUIPMENT of

Chinese origin for the project. 3.4.10 Laws and Regulations

CONTRACTOR shall abide, while fulfilling its obligations under this CONTRACT, by all applicable codes, laws, and regulations/Acts from time to time in force in the State of Gujarat and in India. In the event of change in any codes, laws or regulation/Acts applicable, which alters the scope of CONTRACTOR'S obligations under CONTRACT, CONTRACTOR shall agree to make the necessary change in SCOPE OF CONTRACT. CONTRACTOR shall furnish all necessary certificates confirming compliance to such codes, laws, and regulations/Acts. Commercial, guarantees, warranties and COMPLETION schedule implication because of such changes shall be mutually discussed and agreed upon.

3.4.11 Statutory Approvals Certain category of EQUIPMENT fall under the jurisdiction of Indian Boiler

Regulations (IBR), irrespective of the fact whether these are proprietary in nature or not, certification from an internationally recognized agency such as Lloyds is considered necessary to enable local IBR authorities to allow their installation and operation. In such cases, inspection and certification from such authorities will also have to be arranged by CONTRACTOR. CONTRACTOR shall also submit, as may be required by IBR authorities, necessary design calculations from respective fabricators and/or manufacturers of the EQUIPMENT. CONTRACTOR shall also submit, as may be required by IBR authorities, necessary design calculations from respective fabricators and/or manufacturers of the EQUIPMENT. CONTRACTOR shall obtain such approval/certificate in the name of OWNER and provide IBR certificate to OWNER. CONTRACTOR shall also obtain approval from Electrical Inspectorate as required for Electrical system of the PLANT The CONTRACTOR shall provide full technical assistance to OWNER for obtaining the necessary approvals to be issued in the name of OWNER from the various statutory authorities. In addition, the CONTRACTOR shall be responsible for obtaining necessary approvals which are to be issued in the CONTRACTOR’S name from the various statutory authorities.

3.4.12 Inspection, Testing & Expediting 3.4.12.1 CONTRACTOR shall establish an inspection and expediting system

and use its services for obtaining the EQUIPMENT which conforms



V SHEET 19 OF 78

to the required technical and quality SPECIFICATIONS and delivery according to PURCHASE ORDER. OWNER shall be kept updated on the progress of work related to EQUIPMENT. The CONTRACTOR shall detail out the actions to be effected to achieve the targeted dates and the same shall be discussed and reviewed with OWNER, periodically using the up-dated network. Based on these reviews, PROJECT schedule shall be periodically revised and up-dated to reflect the latest information.

3.4.12.2 The OWNER or its representative, at its own cost, shall have the right to Inspect and/or to Test the EQUIPMENT to confirm their conformity to the CONTRACT SPECIFICATIONS. Technical SPECIFICATIONS giving reference of applicable codes/standards shall specify what Inspections and TESTs are required to be conducted and where they are to be conducted. The OWNER shall notify the CONTRACTOR in WRITING of the identity of any representatives retained for these purposes.

3.4.12.3 The Inspection and Tests may be conducted on the premises of the

CONTRACTOR or SUB-CONTRACTOR(s) at the point of DELIVERY and/or at the final destination. All reasonable facilities and assistance including access to all drawings and production data shall be furnished to the INSPECTOR at no charge to the OWNER.

3.4.12.4 Should any inspected or tested EQUIPMENT fail to conform to the

SPECIFICATIONS, the OWNER may reject them and the CONTRACTOR, without affecting the MECHANICAL COMPLETION schedule, shall either replace the rejected EQUIPMENT or make all alterations necessary to meet SPECIFICATIONS requirements free of cost to the OWNER.

3.4.12.5 The OWNER'S right to inspect and where necessary, reject the

EQUIPMENT after the EQUIPMENT arrival at the SITE shall in no way be limited or waived by reason of the EQUIPMENT having previously been inspected, tested and passed by the OWNER or their representative prior to dispatch of the EQUIPMENT from the VENDOR’s workshop till ACCEPTANCE OF PLANT.

3.4.12.6 The INSPECTOR shall follow the progress of the manufacture of the

EQUIPMENT under the CONTRACT to ensure that the requirements outlined in the CONTRACT are not being deviated from with respect to Schedule and Quality.

3.4.12.7 CONTRACTOR shall allow the INSPECTOR to visit, during working

hours, the workshops relevant to execution of the CONTRACT during the entire period of CONTRACT validity and INSPECTOR will



V SHEET 20 OF 78

have the right to inspect at all stages of manufacture right from identification of material up to final completion.

3.4.12.8 CONTRACTOR shall place at the disposal of the INSPECTOR free

of charge all tools, instruments and other apparatus necessary for the Inspection and/or Testing of the EQUIPMENT. The INSPECTOR is entitled to prohibit the use and dispatch of EQUIPMENT, which have failed to comply with the characteristics required during TESTs and Inspections.

3.4.12.9 CONTRACTOR shall ensure that the same permission is granted by his SUB-CONTRACTOR(s).

3.4.12.10 In respect of this inspection CONTRACTOR shall advise in

WRITING of any delay in the programme at the earliest possible date, describing in detail what has caused the delay and the proposed corrective action.

3.4.12.11 All TESTs trials in general of EQUIPMENT and materials shall be

witnessed by the INSPECTOR. Therefore, CONTRACTOR shall confirm with OWNER by e-mail or Fax about the exact date of inspection with at least 30 DAYS notice. CONTRACTOR shall specify the items and quantities ready for testing and indicate whether a Preliminary or Final Test is to be carried out.

3.4.12.12 If on receipt of this notice, OWNER decides to waive the right to

witness the test, timely information will be given to CONTRACTOR accordingly.

3.4.12.13 Any and all expenses incurred in connection with Tests,

preparation of reports and analysis made by qualified laboratories, necessary technical documents, testing documents and drawings shall be at CONTRACTOR'S cost. The technical documents shall include the references and numbers of the standards used in the construction and wherever deemed practical by the INSPECTOR, copy of such standards shall be provided to the OWNER.

3.4.12.14 Arrangements for all inspections required by Local Authorities and as specified in technical SPECIFICATIONS shall be made by CONTRACTOR.

3.4.12.15 Copies of all test results/report of the tests shall be furnished

promptly by the CONTRACTOR to the OWNER.

3.4.12.16 Nothing in Articles 3.4.12.1 to 3.4.12.15 shall in any way release the CONTRACTOR from any warranty or other obligations under this CONTRACT.



V SHEET 21 OF 78

3.4.13 SPARES AND SPECIAL MAINTENANCE TOOLS.

a) COMMISSIONING spare parts and special maintenance tools shall be supplied to OWNER and cost of such spares and tools are included in the CONTRACT PRICE.

b) List of spare parts for EQUIPMENT to be supplied under the SCOPE OF CONTRACT is attached at PART-II: Technical, Section-9.0.

c) CONTRACTOR shall obtain for these spares the appropriate guarantees and warranties. CONTRACTOR shall also ensure that spares and special maintenance tools and fixtures are procured along with the related items of EQUIPMENT and form part of the PURCHASE ORDER for the related items of EQUIPMENT

d) In addition, the CONTRACTOR shall furnish the information in consultation with VENDOR and based on experience from other Plants , a list of spares and special maintenance tools and fixtures recommended and sufficient for normal operation and maintenance of PLANT.

e) Special tools and gauges required for normal maintenance and special handling and lifting appliances, if any, for all EQUIPMENT, shall be supplied with main EQUIPMENT.

f) All the spare for the EQUIPMENT under the CONTRACT will strictly conform to the SPECIFICATION and other relevant documents and will be identical to the corresponding main EQUIPMENT supplied under the CONTRACT and shall be fully interchangeable.

g) The CONTRACTOR will provide the OWNER with all addresses and particulars of his SUB-CONTRACTORS while placing the order on VENDORS for EQUIPMENT covered under the CONTRACT. The OWNER will have the right to place order for additional spare parts directly on VENDOR.

h) Spare parts shall be new and of first class quality as per engineering standards/codes, free of any defects (even concealed), deficiency in Design, Materials and Workmanship and also shall be completely interchangeable with the corresponding parts.

i) Type and sizes of bearings/seals shall be clearly indicated. j) Spare parts shall be packed for long storage under tropical climatic

conditions in suitable cases, clearly marked as to their intended purpose.

3.4.14 Lubricants Whenever lubricants are required, CONTRACTOR shall indicate the quantity of lubricants required for the first filling, the frequency of changing, the quantity of lubricants required for 1 year's continuous operation and the type of recommended lubricants indicating the commercial name



V SHEET 22 OF 78

(trade mark), quality and grade CONTRACTOR shall indicate various equivalent of lubricants available in India preferably Indian Oil Corporation Ltd. First fill of lubricants shall be supplied by CONTRACTOR for all EQUIPMENT.

3.4.15 Construction Tools CONTRACTOR shall procure and supply special construction aids, tools,

tackles and fixture, required for construction and during normal operation & maintenance of the PLANT.

3.4.16 Transportation and storing of EQUIPMENT CONTRACTOR shall be responsible for proper packing, transportation from manufacturer's workshop to port or railway station (whether by road, rail, ship or aircraft), handling and clearances at port or railway station including loading and unloading, customs clearance, carriage to SITE, unloading at SITE warehousing, coding and tagging, storage including proper preservation at SITE of EQUIPMENT. Any special clearance, lifting, handling, loading/unloading, and transport arrangements for over dimensional consignments shall also be done by CONTRACTOR. CONTRACTOR shall ensure timely delivery of EQUIPMENT. CONTRACTOR shall be responsible for inspection of EQUIPMENT on receipt at SITE and for maintenance and management of stores and warehousing of EQUIPMENT at SITE including all activities connected with the issue of EQUIPMENT for construction and erection.

3.4.17 Construction CONTRACTOR shall be responsible for PLANT Civil and structural works,

buildings, internal roads, storm water channels, pipe racks, cable racks, collection pits, all insulating & painting works, erection of complete PLANT, SITE fabrication, piping, instrumentation installation, electrical installation, resolution/liquidation of punch list issued by PMC/OWNER and other miscellaneous construction jobs of PLANT leading to MECHANICAL COMPLETION. CONTRACTOR shall organize these activities, in appropriate sequence and use proper methods giving due regard to the requirements of safety, quality, sound engineering practice, compliance with relevant Codes and Regulations, and for achieving MECHANICAL COMPLETION within the period guaranteed.

3.4.18 Safety of PLANT 3.4.18.1 OWNER is a ISO 14001 and OHSAS 18001 certified company and

CONTRACTOR shall comply with all requirements as required and to enable OWNER to fulfill OWNER’s obligations in this regard. ISO 14001 and OHSAS 18001 policy documents are attached at ANNEXURE-2.1 and ANNEXURE-2.2.

3.4.18.2 CONTRACTOR shall observe and also use its best efforts to ensure that

all parts of WORK carried out at SITE is being done in a safe and satisfactory manner conforming to the applicable Safety Rules and Regulations. CONTRACTOR will follow the guidelines issued by OWNER



V SHEET 23 OF 78

as attached at ANNEXURE-2.4. Further, CONTRACTOR shall observe and further make provisions in contracts that employees working in PLANT observe all the Safety Rules as required under the Factories Act and Regulations and other Local Laws and CONTRACTORS to provide safety apparel and equipment to their employees. OWNER shall have the right to object to any unsafe practice followed by CONTRACTOR'S, SUB-CONTRACTOR’s employees or any CONTRACTOR'S personnel and direct them to carry out the job in a manner considered safe by OWNER.

3.4.18.3 CONTRACTOR shall further abide by all the Safety and Security

Regulations imposed by OWNER from time to time. 3.4.18.4 CONTRACTOR shall observe all safety rules so that no harm is done to

OWNER'S employees or property. If on account of CONTRACTOR, OWNER'S property or personnel are likely to suffer any damage, in such cases any directions issued by OWNER shall be carried out by CONTRACTOR.

3.4.19 Pre-COMMISSIONING Services CONTRACTOR shall render and be responsible for pre-

COMMISSIONING activities leading to MECHANICAL COMPLETION. These activities will include relevant checking, adjustment, testing, calibration, running in and trial runs of individual items of EQUIPMENT, and other similar jobs. OWNER may provide experienced / trained and suitable operating personnel, who will assist CONTRACTOR under the supervision and direction of CONTRACTOR.

Such supervision personnel of CONTRACTOR shall be experienced personnel as required for carrying out the supervision of pre-COMMISSIONING activities along with OWNER'S personnel. CONTRACTOR shall arrange for VENDOR'S specialists wherever required. Suitable provision for such services shall be made by CONTRACTOR at the time of placing the PURCHASE ORDER with no additional cost to OWNER.

3.4.20 Erection, COMMISSIONING and GUARANTEE TEST RUN CONTRACTOR shall fulfill his obligations to erect, commission and carry

out GUARANTEE TEST RUN of the PLANT supplied under CONTRACT as defined in Article 8.

3.4.21 Manpower Assistance CONTRACTOR shall provide adequate experienced operation and

maintenance (Mechanical / Electrical / Instrumentation) personnel according to the requirements, during the pre-COMMISSIONING, COMMISSIONING activities and up to 3(three) MONTHS after



V SHEET 24 OF 78

MECHANICAL COMPLETION, who will work under the direction and control of CONTRACTOR.

CONTRACTOR shall provide services of expatriates during erection and

commissioning , GUARANTEE TEST RUN of the PLANT as required.

CONTRACTOR shall arrange for VENDOR'S specialist for installation and COMMISSIONING of EQUIPMENT whenever necessary.

OWNER shall provide adequate manpower for operation of PLANT after

COMMISSIONING. 3.4.22 MECHANICAL COMPLETION CONTRACTOR shall be responsible for MECHANICAL COMPLETION as

per Article 8.2 3.4.23 COMMISSIONING Services CONTRACTOR shall and be responsible for COMMISSIONING activities

after pre-COMMISSIONING and MECHANICAL COMPLETION activities have been completed giving due regard to safety of EQUIPMENT according to sound international practice. OWNER shall provide experienced trained operating and maintenance personnel who shall work under the supervision of CONTRACTOR. The COMMISSIONING activities shall include the following: a) Introduction of raw materials (feedstock), utilities, reduction of

catalysts, lining-up of various sections of PLANT leading to production of Ammonia and Urea.

b) Stabilizing PLANT and stepping up production to full rated capacity. c) Demonstrating a SUSTAINED LOAD TEST for 30 continuous DAYS

(or lesser period if agreed to by OWNER) during which an average production rate of not less than the guaranteed daily rated capacity is achieved.

Conducting a GUARANTEE TEST RUN to prove the performance guarantees for production capacity, product quality, consumption of raw materials and utilities, and pollution level. CONTRACTOR shall provide supervisory engineers as required to supervise and direct the COMMISSIONING of PLANT. CONTRACTOR shall be responsible for supervision and direction of PLANT operation until the performance guarantees have been fulfilled and\or PLANT has been finally accepted and taken over by OWNER. During the SUSTAINED LOAD TEST and the GUARANTEE TEST RUN, the range of operating conditions shall be within the limits of the design conditions and shall meet the requirements of safety and compliance with relevant Codes and Regulations.



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3.4.24 Performance Guarantees CONTRACTOR shall fulfill his obligations under CONTRACT as defined in

Article 8. 3.4.25 Progress Monitoring and Reporting / Network Schedule 3.4.25.1 Together with the CONTRACT confirmation, CONTRACTOR shall submit

to OWNER his time schedule regarding the documentation and manufacture of EQUIPMENT as well as information on his SUB-CONTRACTS/VENDORS to be placed, including the dates on which CONTRACTOR intends to issue such Sub-contracts, and including construction and COMMISSIONING schedule.

3.4.25.2 CONTRACTOR shall develop a suitable system for monitoring and

reporting progress to OWNER. CONTRACTOR will submit report to the OWNER every MONTH on the status of various EQUIPMENT to ensure MECHANICAL COMPLETION within time schedule as specified in CONTRACT. This shall include the activities of CONTRACTOR/SUB-CONTRACTORS/VENDORS. These reports will also include progress at VENDOR'S workshops and will be supplemented with photographs, wherever necessary.

3.4.25.3 Network Schedule CONTRACTOR shall prepare and submit Network Schedule for all

activities of WORK indicating milestones including VENDOR'S and SUB-CONTRACTOR's activities.

CONTRACTOR shall develop and submit to OWNER master schedule giving the following deatails: a) The process engineering and basic engineering of the PROJECT

shall be completed within ________ MONTHS from the EFFECTIVE DATE OF CONTRACT.

b) The detailed engineering of the PROJECT shall be completed within _______ MONTHS from EFFECTIVE DATE OF CONTRACT.

c) Sufficient foundation drawings shall be available so that Civil Construction by CONTRACTOR can be started within 9 (nine) MONTHS and completing by _________ MONTHS of EFFECTIVE DATE OF CONTRACT.

d) Delivery of all EQUIPMENT and 95% of the bulk materials for the PROJECT shall be available within _________ MONTHS from EFFECTIVE DATE OF CONTRACT. The time schedule will be in the form of a network and a bar chart clearly indicating all main or key events regarding documentation, EQUIPMENT, manufacturing, testing and delivery, civil works, erection, COMMISSIONG, PLANT hand over etc



V SHEET 26 OF 78

3.4.25.4 The original issue and subsequent revisions CONTRACTORS / SUB-

CONTRACTOR's time schedule shall be sent to OWNER in two copies. 3.4.25.5 The time schedule network/bar chart shall be updated at least every

MONTH during the period of CONTRACT. 3.4.25.6 CONTRACTOR shall report monthly to OWNER of the execution of

CONTRACT and achievement of targets set out in time bar chart. The exception report shall be highlighted with action plan of corrective measures.

3.4.25.7 The project execution planning will be expressed in percentage in the

progress trend chart issued by CONTRACTOR at the time of award of CONTRACT. Planning package shall be submitted by the CONTRACTOR for OWNER/PMC review and approval. Monthly progress report shall be submitted based on approved planning package.

3.4.25.8 The first issue of the progress trend chart will be forwarded to OWNER

together with the time bar chart along with CONTRACT confirmation. 3.4.25.9 OWNER would be using for the PROJECT a Primavera software for

resources, Time and Cost monitoring schedule. CONTRACTOR will provide all necessary inputs for the same. PROJECT net work shall be updated and submitted to OWNER in format compatible to Primavera every MONTH to reflect current status.

3.4.25.10 OWNER shall also review the physical / actual progress of WORK on the

basis of CONTRACTOR'S time schedule documentation. 3.4.25.11 Irrespective of such inspection, CONTRACTOR shall advise OWNER at

the earliest possible date of any anticipated delay in the programme. 3.4.25.12 In the event of any delay in the delivery of sub-contracted

EQUIPMENT, CONTRACTOR shall ensure that this does not affect date of MECHANICAL COMPLETION as stipulated in CONTRACT. CONTRACTOR shall keep informed OWNER of any such delay in delivery of EQUIPMENT by SUB-CONTRACTOR and submit details together with copies of the appropriate orders and agreements with SUB-CONTRACTOR.

3.4.25.13 Notwithstanding the above, in case progress on the execution of

CONTRACT at various stages is not as per phased time schedule and is not adequate as per the OWNER, which shall be mutually discussed and found to be conclusive or if the CONTRACTOR shall neglect to execute the CONTRACT with due diligence and expedition or shall contravene the provision of the CONTRACT, OWNER may give notice of the same in WRITING to the CONTRACTOR calling upon him to make good the failure, neglect or contravention complained of. Should the



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CONTRACTOR fail to comply with such notice within the period considered reasonable by OWNER and specified in such note, the OWNER shall have the option and be at liberty to take the CONTRACT wholly or in part at the CONTRACTOR'S risk and cost and recover from the CONTRACTOR, all extra costs incurred by the OWNER on this account.

3.4.26 PROJECT Co-ordination The management of the total PROJECT will be done by CONTRACTOR. However, OWNER’s PROJECT team/Project Management Consultant (PMC) may oversee and monitor the PROJECT. PROJECT Co-ordination procedure shall be defined by CONTRACTOR in consultation and agreement with the OWNER as soon as possible after signing of CONTRACT. CONTRACTOR shall be responsible for overall co-ordination of all activities connected with PROJECT. For this purpose, CONTRACTOR shall arrange a meeting as soon as practicable after EFFECTIVE DATE OF CONTRACT with OWNER, PMC, SUB-CONTRACTOR(s) and such other parties as are necessary to settle the following: a) Review the basic design conditions set forth in CONTRACT and

where appropriate, review possibilities of standardization. b) Assess the priorities and key dates required to be included in

CONTRACTOR'S schedules. c) Make an assessment of all items requiring co-ordination. d) Fix up a date and agenda of any subsequent meeting as may be

required in association with OWNER e) Discuss with OWNER and furnish all technical information about

various effluents/emission and discharge points from different sources indicating the quality and quantity of gaseous and liquid emission of pollutants from PLANT. CONTRACTOR shall also inform OWNER any additional information required on the above matter during the performance of process design and basic engineering design.

In the event OWNER requests CONTRACTOR to make any alteration to the program, scope or responsibility under CONTRACT, CONTRACTOR shall do the same.

3.4.27 Technical information 3.4.27.1 SPECIFICATIONS, design and DRAWINGS issued to the CONTRACTOR

along with tender SPECIFICATIONS and CONTRACT are not sold or given but loaned. These remain property of OWNER or their assignees and are subject to recall by OWNER. The CONTRACTOR and his employees shall not make use of the DRAWINGS, SPECIFICATIONS and



V SHEET 28 OF 78

technical information for any purpose at any time except for setting-up of the PLANT under the CONTRACT and shall not disclose the same to any person, firm or corporate authorities, without written permission of OWNER. All such details shall be kept confidential.

3.4.27.2 SPECIFICATIONS, design and DRAWINGS issued by the CONTRACTOR

to the OWNER along with the Proposal and CONTRACT and during implementation of PLANT shall be used solely for the purpose of setting-up, operation and maintenance of PLANT. The OWNER and his employees shall not disclose the same to any person, firm or corporate authorities, without written permission of CONTRACTOR. All such details shall be kept confidential.

3.4.27.3 CONTRACTOR shall furnish to OWNER, CONTRACTOR'S Technical

Information and know-how as may be necessary for the operation of PLANT. CONTRACTOR will grant to OWNER an irrevocable, non transferable, perpetual and non exclusive right to use all technical information and know-how and shall further advise OWNER for a period of five (5) years from ACCEPTANCE OF PLANT of any improvements in process, know-how, engineering, operation methods, and other conditions which will result in more efficient operation of PLANT that are developed by CONTRACTOR or process licensee or have come to the knowledge of CONTRACTOR. However, for supply of necessary engineering services and Equipment, if any, shall be on mutually agreed terms and conditions.

3.4.28 Work of SUB-CONTRACTORs CONTRACTOR shall fulfill his obligations as outlined in Article 10.12. 3.4.29 Training of OWNER’s personnel

3.4.29.1 Training during erection and COMMISSIONING

CONTRACTOR shall provide training to OWNER’s technical personnel for

operation and maintenance of PLANT during erection and COMMISSIONING.

3.4.29.2 Practical experience for OWNER'S Personnel CONTRACTOR shall make arrangements, for providing practical experience for OWNER'S operation and maintenance personnel for equipments in VENDOR’s workshop and in Licensor’s office or plants operated based on same technology. CONTRACTOR shall provide assistance to OWNER'S personnel for proper co-ordination and management of the practical experience. OWNER shall bear the expenses for travel and stay of its personnel. Detailed program for practical experience shall be mutually agreed between OWNER and CONTRACTOR. Training need for OWNER’s personnel with period is available at PART-II: TECHNICAL, Section-11.



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3.5 Information To Government Authority / Financing Institution CONTRACTOR shall also furnish information to OWNER as may be

required by any Governmental Authority or any other agency such as financial institution etc.

3.6 Packing 3.6.1 The CONTRACTOR shall ensure that packing of the EQUIPMENT

as is required to prevent their damage or deterioration during transit to their final destination is provided.

3.6.2 The packing, markings and documentation within and outside the

packages shall comply strictly with the CONTRACT and subject to any subsequent instructions ordered by the OWNER.

3.6.3 CONTRACTOR shall be obliged to make compensation for all costs

suffered by OWNER due to improper packing of EQUIPMENT.

3.7 Delivery and Documents 3.7.1 CONTRACTOR shall provide indicative delivery schedule of

EQUIPMENT to the OWNER. However, CONTRACTOR is responsible for MECHANICAL COMPLETION date of the PLANT. No MUTUALLY AGREED DAMAGES will be applicable in case of change / delay in delivery of EQUIPMENT from indicated schedule. CONTRACTOR will inform/consult OWNER in case of such delays .

3.7.2 Delivery time shall include time for submission of drawings for

approval, incorporation of comments, if any, and final approval of drawings by OWNER/PMC.

3.7.3 In case of delayed delivery beyond the stipulated delivery even

though normal extension of completion time is allowed by OWNER, all extra costs on account of changes of statutory regulations/Acts or increase in price on any other account including price variation Article, shall not apply to the CONTRACT PRICE for such delayed period beyond MECHANICAL COMPLETION and shall be borne by the CONTRACTOR provided the MECHANICAL COMPLETION is delayed for the reasons attributable to the CONTRACTOR.

3.7.4 Special care shall be taken by the CONTRACTOR to furnish

manufacturer's TEST certificates, material of construction, make, type, pressure ratings wherever applicable for EQUIPMENT.



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3.8 Insurance

3.8.1 CONTRACTOR shall take in the joint name of CONTRACTOR and

OWNER comprehensive insurance for imported and indigenous goods, Transit-cum-Storage-Erection or its equivalents and third party liability insurance policies with reputed underwriters to cover ALL RISK whatsoever during the whole period starting with dispatch of EQUIPMENT from manufacturer/supplier’s works/ warehouses/ in foreign country to CIF port of destination to project site for imported EQUIPMENT and from manufacturer/supplier’s works/warehouses to project site for indigenous EQUIPMENT and shall further cover for performing services in India for transportation, loading, unloading, assembly, erection, testing and COMMISSIONING of PLANT till ACCEPTANCE OF PLANT.

3.8.2 For surrounding property CONTRACTOR shall take insurance cover for

Rs 100 crore. CONTRACTOR shall also take Public Liability (Third Party) of Rs. 50 crore and Terrorism Cover of at least Rs 1050 crore to be phased out throughout project life cycle.

3.8.3 CONTRACTOR shall ensure that Marine insurance cover shall be an All Risk cover on ‘Warehouse to Warehouse basis’ including cover for loading and unloading, intermediate storage, War & SRCC. CONTRACTOR shall ensure that in addition to “Marine cum Storage cum Erection All risk policy”, the coverage in respect of workmen compensation, Medi claim Policy, Professional Indemnity (with the amount of minimum excess) has been appropriately taken. Alternatively, the CONTRACTOR has option to take separate Marine All Risk policy and Storage-Cum-Erection All Risk policy but with 50:50 clause incorporated in both the policies.

3.8.4 CONTRACTOR shall be fully responsible for pursuing and settling all

claims under the insurance policies. In the event of accident, injury, damage or loss likely to form a claim under the above insurance policies, CONTRACTOR shall, as quickly as possible submit the insurance claims to underwriters under intimation to OWNER. CONTRACTOR shall also keep OWNER fully informed about progress of each such claims. CONTRACTOR shall undertake immediate repair and/or replacement of the EQUIPMENT lost in transit, storage, assembly, erection, testing and COMMISSIONING of PLANT.

3.8.5 The CONTRACTOR at his cost shall arrange, secure and maintain all insurance as may be pertinent to the works and obligatory in terms of law to protect his interest and interest of OWNER in the project, against all perils detailed herein. The Form and the limit of such insurance as defined herein together with the under-writer in each case shall be acceptable to the OWNER and OWNER´s acceptance shall not be unreasonably withheld. However, irrespective of such acceptance, the responsibility to maintain adequate insurance coverage at all times including third party liability during the period of contract shall be of CONTRACTOR alone. The CONTRACTOR’s failure in this regard shall not relieve him of any of his contractual responsibilities and obligations.



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The CONTRACTOR shall, however, be authorised to deal directly with insurance company or companies and shall be responsible in regard to maintenance of all insurance covers.

3.8.6 All insurance including marine insurance is to be covered from IRDA

approved insurance company registered in India. There should be a single cover for Marine cum, Storage Cum Erection All Risks upto ACCEPTANCE OF PLANT. The payment for insurance premium shall be to CONTRACTOR’s account.

Marine Cargo Insurance and Third Party Liability Insurance can be a part

of Global Policy of the CONTRACTOR. However certificate shall be provided by the CONTRACTOR from the insurance company as an evidence of consignment insurance. These two global policies of Marine Cargo Insurance and Third Party Liability Insurance shall be counter guaranteed by Indian Insurance Company. However, Storage cum Erection All Risk (EAR) is to be covered from Insurance Company registered in India and shall be separate dedicated policy.

3.8.7 Any loss or damage to the equipment during handling, transportation,

storage, erection, putting the equipment into satisfactory operation and all activities to be performed till the successful completion of trial operation of the plant shall be to the account of the CONTRACTOR. The CONTRACTOR shall be responsible for all claims and make good the damages or loss by way of repairs and/or replacement of the equipment, damaged or lost. The transfer of title shall not in any way relieve the CONTRACTOR of the above responsibility during the period of CONTRACT. The CONTRACTOR shall provide the OWNER with copies of all insurance policies and documents taken out by him in pursuance of the CONTRACT. Such copies of documents shall be submitted to the OWNER immediately after such insurance coverage. The CONTRACTOR shall also inform the OWNER in the writing at least thirty (30) days in advance regarding the expiry/ cancellation and/or change in any of such documents and ensure revalidation, renewal etc. as may be necessary well in time. However adequacy, credibility and maintenance of Insurance policies is the sole responsibil ity of CONTRACTOR and CONTRACTOR shall keep the OWNER indemnified against any such failure.

3.8.8 License /facilities, to the extent it remains the responsibility of the

OWNER, in respect of supplies to be made by the foreign CONTRACTOR from outside India required for purposes of replacement of equipment lost in transit and /or during erection and /or during storage shall be made available by the OWNER. CONTRACTOR shall however, be required to follow the procedure as may be laid down by the Owner to facilitate him arranging such license /facilities. The perils required to be covered under the insurance shall include, but not be limited to fire and allied risks, accidents during storage/ erection/ commissioning/testing risks, workman compensation risks, loss or damage in transit, theft, burglary, pilferage, riot and strikes and malicious damages, civil commotion, weather conditions, Act of God perils/natural calamities, accidents of all kinds, war risks (during ocean transportation only) etc. The scope of such insurance shall be adequate to cover the replacement/reinstatement cost of the



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equipment for all risks till the equipment is taken over by the OWNER. The insurance policies to be taken should be on replacement value basis. Notwithstanding the extent of insurance cover and the amount of claim available from the underwriters, the CONTRACTOR shall be liable to make good the full replacement/rectification of all equipment/materials and to ensure their availabil ity as per project requirements without additional financial liability to the OWNERS. The workman compensation policy taken by the SUB-CONTRACTOR of the CONTRACTOR shall be passed on to the OWNER.

3.8.9 OWNER desires to purchase Advance Loss of Profit (ALOP) and

Delay in Start Up (DSU) Insurance Policy at its own cost. As concurrent Material Damage (MD) insurance (i.e. Marine cum Storage Cum Erection All Risk (MCE) insurance) is a prerequisite for ALOP and DSU policy and Insurance period for ALOP & DSU policy should be identical to MCE policy period, ALOP and DSU policy should be placed with the same insurance company of MCE policy. For the purpose the CONTRACTOR shall assist OWNER in arranging ALOP and DSU policy from the same insurance company of MCE policy. The CONTRACTOR shall inform the OWNER in advance about their schedule of floating tender / enquiry for MCE policy, giving the OWNER sufficient time to compile the details required for ALOP and DSU policy and the CONTRACTOR shall float tender / enquiry prepared by the OWNER for ALOP and DSU policy along with their tender / enquiry for MCE policy to the insurance companies approved by the OWNER. The CONTRACTOR shall also assist in negotiating the premium for ALOP and DSU policy along with premium for their MCE policy.

3.9 Dispatch, Transportation / Shipping 3.9.1 For and on behalf of the OWNER, the CONTRACATOR shall carry-out

clearance of IMPORTED ITEMS from the Custom Authorities. The OWNER shall issue necessary authorization letter in this respect in favour of the CONTRACTOR or his authorized agents. Demurrage charges, if any, shall be to CONTRACTOR’s account in case the payment towards Customs Duty is not made within the time period mentioned under Article 4.11.

3.9.2 CONTRACTOR shall ensure and arrange loading, transportation of EQUIPMENT to SITE, unloading, storage, handling at SITE.

3.9.3 CONTRACTOR shall be responsible for dispatch of the EQUIPMENT by sea/rail/road/air after proper packing and protection. The consignment shall be dispatched after inspection and acceptance by the OWNER unless otherwise agreed to in WRITING, however such inspection shall not constitute waiver of the CONTRACTOR’s obligations, responsibilities for the EQUIPMENT including, safety, preservation in any way and manner and the CONTRACTOR’s responsibility and obligation in this behalf shall continue till ACCEPTANCE OF PLANT.



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3.9.4 Property of EQUIPMENT 3.9.4.1 As to EQUIPMENT purchased in India, title to and property of

EQUIPMENT shall pass to OWNER on dispatch from VENDOR’S shop. Notwithstanding the transfer of the title to and property in EQUIPMENT to OWNER, CONTRACTOR shall carryout all obligations in regard thereto as stipulated in the CONTRACT.

3.9.4.2 The care and custody responsibility of CONTRACTOR for the EQUIPMENT and PLANT shall terminate upon ACCEPTANCE OF PLANT or until COMMERCIAL PRODUCTION, whichever is earlier.

3.9.5 Assembly Marks and Name Plates 3.9.5.1 All components, parts of the EQUIPMENT, shall be indelibly hard

marked with identification marks, comprising EQUIPMENT, part numbers, and CONTRACT number which shall also be shown on drawing to facilitate speedy identification, assembling or dismantling.

3.9.5.2 On each EQUIPMENT, a name plate indicating basic details, pressure rating, wherever applicable, code, number of EQUIPMENT, electrical characteristics in case of electrical EQUIPMENT, name of instrument with tag No., manufacturer's name shall be fixed at proper place.

3.9.5.3 For packages where marking is not possible at least two metallic nameplates must be affixed. Marking on the plates will be by means of engraving or indelible paint and will include the information listed above.

3.9.5.4 CONTRACTOR shall make his own arrangements for movement of all

consignments including ODC for obtaining the approval of various authorities and shall be entirely responsible for transportation of EQUIPMENT to SITE.

3.10 Incidental Services 3.10.1 The CONTRACTOR's SCOPE of WORK may be required to cover

any or all of the following services if opted by OWNER at mutually agreed terms and conditions: Performance or supervision or maintenance and/or repair of the PLANT after ACCEPTANCE OF PLANT for a period of time agreed to by the PARTIES, provided that this service shall not relieve the CONTRACTOR of any Warranty Obligations under this CONTRACT.

3.10.2 CONTRACTOR'S personnel will follow the normal working hours at SITE, which are 48 hours per week, 6 DAYS of 8 hrs / DAY.

3.10.3 At the request of OWNER, CONTRACTOR shall at his expense, dismiss from WORK and replace any such employee as OWNER,



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may deem incompetent or careless or whose continued employment is deemed inimical to the interest of the OWNER or against public interest.

3.10.4 Other conditions of WORK at SITE shall be mutually discussed and settled. 3.11 CONTRACTOR must, during the CONTRACT Period, acquaint themselves

with social security, safety, pollution control, permit, license and other relevant rules and regulations of the Gujarat state.

END OF ARTICLE 3



V SHEET 35 OF 78

ARTICLE - 4

OWNER’s OBLIGATIONS

4.0 General

The OWNER shall provide to the CONTRACTOR all such assistance as may be reasonably required in order to carry-out its obligations under the CONTRACT under the following head-lines: Basic Design Conditions Overall Co-ordination Monitor, Review and approval of WORK by OWNER or through

PMC Assistance for Local Government clearances Facilities for CONTRACTOR'S Personnel Operating Personnel Feedstock, utilities and chemicals SITE for erection of PLANT and SITE Facilities Payment against CONTRACTOR'S Invoices

4.1 Basic Design Conditions

Basic Design Conditions are provided at technical SPECIFICATION attached at PART-II TECHNICAL. OWNER shall furnish any additional information concerning the basic design conditions requested by CONTRACTOR as soon as practicable, but in any event not later than as per the requirements of CONTRACTOR'S engineering schedule established and made available to OWNER during the early stages of WORK. CONTRACTOR shall rely upon the correctness of the information given by OWNER satisfying the consistency and adequacy of such information.

4.2 Overall Co-Ordination The overall co-ordination to organize orderly execution of PROJECT for integration with existing facility and activities other than CONTRACTOR’s scope of work in order to achieve the earliest possible completion of PROJECT shall be carried out by OWNER.

4.3 Monitor, Review and approval of WORK CONTRACTOR shall associate OWNER'S representatives with WORK as carried out by CONTRACTOR'S personnel. For this purpose, OWNER shall associate with WORK at all stages. OWNER shall monitor overall project schedule by its own or through PMC. Specifically, OWNER shall in accordance with Review and Approval Procedures undertake the following tasks -



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a) Approval of drawings and other documents connected with

basic and detailed engineering design as per PART-II TECHNICAL.

b) Approval of SPECIFICATIONS for EQUIPMENT, lists of spare parts and special maintenance tools, and lists of special construction aids, tools, tackles, and fixtures.

c) Participation in inspection, expediting and testing of EQUIPMENT at VENDOR'S works and at SITE, wherever considered necessary by OWNER at his own cost.

d) Time period for approval of DRAWINGS by OWNER shall be finalized during PROJECT Co-ordination Procedure.

4.4 Local Government clearances OWNER shall provide necessary assistance for getting the necessary Local Government approvals as per schedule required to be taken on OWNER’s name, to be obtained by CONTRACTOR. CONTRACTOR shall provide necessary technical documents and services in obtaining Government clearances as mentioned in Article 3.4.11.

4.5 Facilities for CONTRACTOR'S Personnel OWNER shall assist , if required, CONTRACTOR in obtaining Visas and other Permits from the appropriate authorities for CONTRACTOR'S and VENDOR'S expatriate personnel to enter and stay in India as necessary for performance of WORK.

4.6 Operating Personnel OWNER shall provide experienced and required operating personnel according to its organization, during the pre-COMMISSIONING and COMMISSIONING activities, who will work under the direction and control of CONTRACTOR. OWNER shall associate its personnel with the construction and erection of PLANT to familiarize the personnel with WORK, ascertain quality, and generally to prepare for proper operation of PLANT.

4.7 Feedstock, Utilities and Chemicals OWNER shall provide, at its own cost and according to mutually agreed schedule and as per agreed specifications, all raw materials, utilities as specified in PART-II TECHNICAL SECTION-02 at battery limit which are required for pre-COMMISSIONING and COMMISSIONING activities vis-à-vis for operation of the PLANT and take over all products and treated effluents at BATTERY LIMITS as specified in CONTRACT.

4.8 SITE for erection of PLANT and SITE facilities OWNER shall provide, on free of cost, SITE for erection of PLANT and

following SITE facilities: a) Construction power and water at single point.



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b) Guest House accommodation for expatriates on chargeable basis, if

available. c) Space within OWNER’s premises for fabrication and storage of

EQUIPMENT and materials. d) Space for CONTRACTOR’s office.

4.9 Payment against CONTRACTOR'S Invoices 4.9.1 OWNER shall make payments to CONTRACTOR under the terms and

conditions specified in CONTRACT. The payments to CONTRACTOR shall be based on invoices submitted by CONTRACTOR, which shall be reviewed and certified by OWNER for satisfactory completion and achievement of progress. .

4.9.2 OWNER shall have the right to adjust the invoice amount for payment before making payment of the same to CONTRACTOR, in which case OWNER shall also indicate in WRITING the reasons for the adjustment. In case OWNER fails to give written reasons to CONTRACTOR for the adjustment or if CONTRACTOR disputes the adjustment and notifies OWNER to that effect in WRITING, stating CONTRACTOR'S reasons for challenging the adjustment made by OWNER, and OWNER fails to answer CONTRACTOR'S request the amount of the adjustment in dispute shall become due for payment, and shall be included in the next subsequent monthly invoice submitted by CONTRACTOR to OWNER.

4.10 OWNER ensures that the supplies, works and services to be provided by

the OWNER under the CONTRACT shall be carried-out diligently and properly within the time frame of the Time Schedule.

END OF ARTICLE 4



V SHEET 38 OF 78

ARTICLE - 5

WARRANTIES, GUARANTEES AND LIABILITIES

5.1 Warranties and Guarantees

5.1.1 Materials and Workmanship Warranty 5.1.1.1 The CONTRACTOR fully warrants that the EQUIPMENT supplied under

the CONTRACT are new, unused, of the most recent or current models and incorporates all recent improvements in design and materials unless provided otherwise in the CONTRACT. The CONTRACTOR further warrants that all the EQUIPMENT supplied under this CONTRACT shall be of first quality according to SPECIFICATIONS, have no DEFECT (even concealed) arising from design, materials or workmanship or form any act or omission of the CONTRACT that may develop under normal use of the supplied EQUIPMENT in the conditions prevailing in the country of final destination.

5.1.1.2 This warranty shall be valid for 12 MONTHS from the date of ACCEPTANCE OF PLANT for all the EQUIPMENT (except otherwise specified / for Catalysts, Adsorbent, Resin). Should any DEFECT be noticed in design, material and / or workmanship within 12 MONTHS from the date of ACCEPTANCE OF PLANT, OWNER shall inform CONTRACTOR and CONTRACTOR shall immediately on receipt of such intimation depute their personnel within 7 DAYS to investigate the causes of DEFECTs and arrange rectification / replacement / modification of the defective EQUIPMENT at SITE without any cost to OWNER within a reasonable period. If the CONTRACTOR fails to take proper corrective action to repair/replace DEFECT satisfactorily within a reasonable period, OWNER shall be free to take such corrective action as may be deemed necessary at CONTRACTOR'S risk and cost, after giving notice to the CONTRACTOR. The OWNER shall promptly notify the CONTRACTOR in WRITING of any claims arising under this warranty.

5.1.1.3 Damage to the machinery and/or EQUIPMENT deriving from incomplete, erroneous instructions issued by CONTRACTOR will be considered CONTRACTOR'S fault and will be treated according to the provisions of this warranty Article.

5.1.1.4 These warranty obligations shall not apply to a. normal wear and tear and operation of PLANT; b. if safety interlocks set points and/or other safety devices such

as safety valve etc. are not kept functional as per the operating manual and

c. Plant is not operated as per the specifications of raw material and utilities mentioned in the contract/agreement.

d. In case of OWNER repairing and/or effecting modification without the consent of the CONTRACTOR.



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5.1.1.5 In case DEFECTs are of such nature that EQUIPMENT shall have to be

taken to CONTRACTOR'S works for rectification etc., CONTRACTOR shall take the EQUIPMENT at its cost after giving necessary undertaking or security as may be required by the OWNER. OWNER shall, if so required by the CONTRACTOR, dispatch the EQUIPMENT by quickest mode on freight to pay basis to the CONTRACTOR’S works. After repairs CONTRACTOR shall deliver the EQUIPMENT at SITE on freight paid basis. All to and fro transit risks shall be borne by the CONTRACTOR.

5.1.1.6 EQUIPMENT or part thereof so repaired or replaced shall have further warranty for a period of 12 MONTHS from the date of such repair or replacement and the Bank Guarantee (value acceptable to OWNER) of the affected EQUIPMENT shall be suitably extended.

5.1.1.7 If the repairs, replacements or modifications referred are of such nature as may affect the efficiency of the EQUIPMENT, OWNER shall have right to give the CONTRACTOR within one MONTH of such replacement/renewal notice in WRITING to carry out tests as may be required for acceptance of the EQUIPMENT.

5.1.1.8 If the CONTRACTOR fails to meet its obligation to repair or replace defective EQUIPMENT within a reasonable period of time, if CONTRACTOR refuses to carry out the WORK under the guarantee Article, if danger is anticipated or in case of severe urgency, OWNER shall be entitled to carry out at CONTRACTOR'S cost and risk, repair WORK or replacement deliveries or have the same carried out by a third party. Taxes and duties of any kind whatsoever imposed by the authorities of the country of CONTRACTOR or his SUB-CONTRACTOR until delivery, shall be borne by CONTRACTOR.

5.2 Performance Guarantee for PLANT 5.2.1 CONTRACTOR guarantees that the performance of the PLANT and all

services supplied under the CONTRACT shall be strictly in conformity with the SPECIFICATIONS and shall perform the duties specified in Article 5.3 hereunder.

5.2.2 If the CONTRACTOR fails to prove the guarantees within stipulated period in the CONTRACT, OWNER shall have the option to take over the PLANT and rectify, if possible, the PLANT to fulfill the guarantees and/or to make necessary additions to make up the deficiency at CONTRACTOR'S risk and cost. All expenditure incurred by the OWNER in this regard shall be to CONTRACTOR'S account.

5.3 Performance Guarantees CONTRACTOR shall guarantee the performance of PLANTS and associated offsite utilities as specified in the Technical Documents. In general the Guarantees shall be demonstrated under the following heads as per Part-II TECHNICAL, Section-7.0.



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5.3.1 Ammonia & Urea Plants LSTK Contractor shall guarantee performance of Ammonia & Urea

Plants as specified in this Clause under the following heads. - Sustained Load Test Guarantee - Capacity - Quality of the product - Pollution Level - Noise Level - Life and performance of the Catalyst & Adsorbents Failure to meet capacity of the plants or quality of the products or pollution levels or noise levels shall be breach of CONTRACT requiring corrective action by CONTRACTOR irrespective of the cost involved.

5.3.2 Cooling Towers LSTK Contractor shall guarantee performance of each cooling tower for capacity and performance as per CTI performance test requirement. Failure to meet above shall be breach of CONTRACT requiring corrective action by LSTK contractor irrespective of the cost involved.

5.3.3 Instrument Air System LSTK Contractor shall guarantee performance of Instrument Air system for -Capacity -Quality of Instrument Air Failure to meet above shall be breach of CONTRACT requiring corrective action by LSTK contractor irrespective of the cost involved.

5.3.4 De-Mineralization Plant & Condensate Polishing Unit:

LSTK Contractor shall guarantee performance of De-Mineralization Plant & Condensate Polishing Unit (CPU) for

1. Capacity of DM Stream 2. Capacity of CPU Stream (CONTRACTOR to specify the capacity) 3. Quality of Water at outlet of Mixed Bed



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4. Output between two regenerations for DM Plant & Condensate

Polishing Unit. Failure to meet above shall be breach of contract requiring corrective action by LSTK contractor irrespective of the cost involved.

LSTK contractor shall guarantee Chemical Consumption as per following:

Sl. No Description Consumption per Regeneration

Consumption per Hour

1.0 SAC, 100 % HCl Bidder to indicate in relevant

Section of Technical Bid

Bidder to indicate in

relevant Section of Technical Bid

2.0 SBA, 100 % NaOH

3.0 MB, 100 % HCl & 100 % NaOH

4.0 Waste Water Neutralisation Pit, 100 % HCl & 100 % NaOH

5.3.5 Material Handling:

LSTK Contractor shall guarantee performance of each Slat & Bagging

Machine for Capacity. Failure to meet above shall be breach of contract requiring corrective action

by LSTK contractor irrespective of the cost involved.

5.3.6 Inert Gas Generation: LSTK Contractor shall guarantee performance of inert gas generation plant for:

1. Capacity of Plant. 2. Quality of Nitrogen

Failure to meet above shall be breach of contract requiring corrective action

by LSTK contractor irrespective of the cost involved.

5.3.7 Effluent Treatment Plant:

LSTK Contractor shall guarantee performance of effluent treatment plant for:

1. Quality of Treated Effluents

Failure to meet above shall be breach of contract requiring corrective

action by LSTK contractor irrespective of the cost involved.



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5.3.8 WORKS COST (Consumption of Raw material & Utilities) Guarantee

LSTK bidder shall guarantee overall consumption of Natural Gas, power and Service water for production and operation of Ammonia, Urea, and instrument Air so as to guarantee the WORKS COST for all the facilities provided by the CONTRACTOR as detailed in this article.

In the event WORKS COST is more than 100% but less than 102.5% of the Guaranteed WORKS COST then the Contractor will pay owner MUTUALLY AGREED DAMAGES as specified under the CONTRACT.

If the Works cost as demonstrated during the performance test is more than 102.5% of the Guaranteed Works Cost then it shall be breach of contract requiring corrective action by CONTRACTOR irrespective of the cost involved.

5.3.9 GENERAL

All the guaranteed figures under this Clause are inclusive of all

instrument tolerances and shall be calculated on the basis of readings indicated by duly calibrated specific meters forming part of instrumentation already provided by CONTRACTOR in the process and basic design under CONTRACT and certified by OWNER. No negative tolerance is allowable on capacity.

5.4 Performance GUARANTEE TEST RUNs

CONTRACTOR shall, when PLANT is stabilized at full rated production, arrange and supervise the following TESTs to prove the performance guarantees specified in Article 5.3. a) SUSTAINED LOAD TEST as defined in Article 8.5.2 b) GUARANTEE TEST RUN as per Article 8.5.4.

5.5 Construction and Load Data: 5.5.1 CONTRACTOR shall be responsible for all Civil and Structural work,

foundations, insulating and painting works, erection, site fabrication, piping, instrumentation, electrical installation, and other miscellaneous construction jobs of the PLANT leading to ACCEPTANCE OF PLANT. CONTRACTOR shall organize these activities in appropriate sequence and use proper methods giving due regard to the requirements of safety, quality, sound engineering practice, compliance with relevant codes and regulations, PLANT.

5.5.2 CONTRACTOR shall be responsible for correctness of the load data for designing of civil foundations.

5.5.3 In the event of notice of DEFECTs later on, in the Civil works due to incorrect data furnished by the CONTRACTOR, the cost incurred for re-doing, rectifying foundation, shall be borne by the CONTRACTOR.



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5.6 Delay In CONTRACTOR'S Performance 5.6.1 CONTRACTOR shall ensure ACCEPTANCE OF PLANT as per Articles

8.1 and 8.2, subject to and conditions of this CONTRACT. In case of any delay in achieving the ACCEPTANCE OF PLANT by the CONTRACTOR for reasons attributable to CONTRACTOR, then the CONTRACTOR is liable for, MUTUALLY AGREED DAMAGES as per Article 5.9.

5.6.2 An Excessive delay by the CONTRACTOR in the performance of its contractual obligations shall render the CONTRACTOR liable to various sanctions as stipulated in the CONTRACT.

5.6.3 In case the PLANT progress of work is unduly and unreasonably delayed by the CONTRACTOR for reasons directly & attributable to CONTRACTOR, the OWNER at the CONTRACTOR's risk and cost and without prejudice to any of the rights under the CONTRACT reserve the right to; a) Terminate the CONTRACT wholly or partially and complete it by the

OWNER or reassign it to others after giving 30 days notice in WRITING to the CONTRACTOR to remedy the cause complained of.

b) Make any modifications, deletions, additions to the CONTRACT as the OWNER may consider necessary to ensure its satisfactory execution after giving 7 days notice to CONTRACTOR to remedy the cause complained of.

5.7 Rejections of EQUIPMENT, Removal of Rejected EQUIPMENT and Replacement

5.7.1 Preliminary inspection at VENDOR'S works by INSPECTOR shall not prejudice OWNER for rejection of the EQUIPMENT on final inspection at SITE or claim under warranty provisions.

5.7.2 If the EQUIPMENT are not as per SPECIFICATION or fail to perform as per the specified performance guarantees, the OWNER shall be entitled to reject the EQUIPMENT or part thereof and ask for repair or replacement within reasonable time, failing which, OWNER shall procure its requirements from elsewhere at CONTRACTOR'S cost and risk.

5.7.3 In the event of such rejection, the OWNER shall be entitled to use of the EQUIPMENT in a reasonable and proper manner for a time reasonably sufficient to enable him to obtain replacement.

5.7.4 Nothing in this Article shall be deemed to deprive the OWNER and/or affect any rights under the CONTRACT which he may otherwise have in respect of such DEFECTs or deficiencies or in any way relieve the CONTRACTOR of his obligation under the CONTRACT.

5.7.5 EQUIPMENT rejected by the OWNER shall be removed by the CONTRACTOR at his cost within 14 DAYS of notice after repaying the amounts received against the EQUIPMENT. The OWNER shall in no way be responsible for any deterioration or damage to the EQUIPMENT under any circumstances whatsoever.



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5.7.6 In case of rejection of EQUIPMENT, OWNER shall have the right to

recover the amounts, if any, paid from any of his invoice pending with OWNER or by alternative method.

5.8 Corrective Measures and MUTUALLY AGREED DAMAGES 5.8.1 General

The performance guarantees are subject to and contingent upon the conditions specified in Article 5.3 and the following further conditions CONTRACTOR shall before start-up certify that PLANT is constructed in accordance with the drawings and SPECIFICATIONS furnished by CONTRACTOR provided that the performance guarantees pursuant to Article 5.3 are not met during a GUARANTEE TEST RUN pursuant to Article 8.5.4, CONTRACTOR shall make modifications and / or take corrective measures and / or pay MUTUALLY AGREED DAMAGES as specified in this Article under the following headlines: CONTRACTOR'S Option MUTUALLY AGREED DAMAGES OWNER'S Request for Modifications Modifications by CONTRACTOR Statement about Corrective Measures Corrective Measures by CONTRACTOR Adjustment of Fees Extension of MECHANICAL COMPLETION Further Modifications by CONTRACTOR

5.8.2 CONTRACTOR'S option In the event that the performance guarantees for PLANT is not fulfilled, for reasons attributable to CONTRACTOR, CONTRACTOR shall arrange to perform subsequent GUARANTEE TEST RUNs. However, CONTRACTOR shall have the option of paying MUTUALLY AGREED DAMAGES as specified in Article 5.9 in the event that the GUARANTEE TEST RUN results are within the ranges as follows: a) WORKS COST does not exceed 102.5% of the guaranteed WORKS

COST. b) Remaining Performance Guarantees have been met, except

deficiency with respect to Quantity & Quality of product, Pollution Level, Noise level for which CONTRACTOR will re-perform the engineering, effect necessary supplies and other services till the guaranteed quantity & quality of product and Pollution Level, Noise level has been met.

5.9 MUTUALLY AGREED DAMAGES If the CONTRACTOR fails to



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(a) achieve ACCEPTANCE OF PLANT within 34 MONTHS and / or (b) to achieve guaranteed performance of PLANT as stipulated in PART-II: Technical, Section-7.0. due to reasons attributable to CONTRACTOR, the OWNER shall, without prejudice to its other remedies under the CONTRACT, deduct from the CONTRACT PRICE, as MUTUALLY AGREED DAMAGES for the respective defaults, a sum calculated as per Article 5.9.1, 5.9.2/5.9.3 hereunder.

5.9.1 MUTUALLY AGREED DAMAGES for ACCEPTANCE OF PLANT 5.9.1.1 MUTUALLY AGREED DAMAGES for delay in ACCEPTANCE OF

PLANT If ACCEPTANCE OF PLANT is not achieved within the time specified in Article 6.1.0 and 6.2.0 above for the reasons attributable to CONTRACTOR, then CONTRACTOR shall pay MUTUALLY AGREED DAMAGES to OWNER at the rate of 0.5% (half percent) of CONTRACT PRICE per completed week of delay or part thereof subject to a maximum limit of 5% (five percent) of CONTRACT PRICE until ACCEPTANCE OF PLANT is achieved.

5.9.1.2 Bonus for early completion In the event, CONTRACTOR completes and delivers the WORKS and achieves ACCEPTANCE OF PLANT earlier than the time specified in the CONTRACT, then the CONTRACTOR shall be eligible for a bonus. The bonus shall be calculated @ 0.20% of the CONTRACT PRICE per completed week for earlier completion subject to a maximum of 2.5% of the CONTRACT PRICE. This shall not be applicable in case of DEEMED ACCEPTANCE.

5.9.2 MUTUALLY AGREED DAMAGES for Plant Performance 5.9.2.1 CONTRACTOR shall be liable to pay MUTUALLY AGREED DAMAGES

for any deviation in the guaranteed performance of PLANT guaranteed by the CONTRACTORs as stipulated in PART-II: Technical, Section-7.0 and as stipulated hereunder:

5.9.2.2 Calculation of MUTUALLY AGREED DAMAGES The MUTUALLY AGREED DAMAGES referred to in Article above shall be calculated as follows: a) For deviation from guaranteed WORKS COST, MUTUALLY

AGREED DAMAGES shall be calculated at the rate of 0.5% of the CONTRACT PRICE per each 0.25% or part thereof, the actual WORKS COST is higher than the guaranteed WORKS COST. In the event the WORKS COST is more than 102.5% of the guaranteed WORKS COST, the CONTRACTOR shall execute corrective engineering and modify the PLANT and make PLANT



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good at its own cost until at least 102.5% of guaranteed WORKS COST is obtained.

b) Should the guaranteed quality of as per Article 5.3 not achieved, the CONTRACTOR shall execute corrective engineering and modify, replace the PLANT at its own cost until the guaranteed quality of product from PLANT is obtained.

c) Should the guaranteed effluent quantity and quality as well as noise level of PLANT, at guaranteed capacity as per Article 5.3 is not achieved, the CONTRACTOR shall execute corrective engineering and modify, repair the PLANT at its own cost until the guaranteed effluent quantity and quality as well as noise level of PLANT is obtained.

5.9.3 Liability against Catalyst guaranteed life CONTRACTOR’s liability against Catalyst Guaranteed life shall be as detailed at PART-II Technical, Section-7.

5.9.4 OWNER'S request for modifications If the guarantee parameters achieved during the GUARANTEE TEST RUN are within the MUTUALLY AGREED DAMAGES leviable limit, then the CONTRACTOR shall, at its discretion either elect to pay the MUTUALLY AGREED DAMAGES or modify the PLANT to achieve the performance guarantees. However, if CONTRACTOR elects to modify the PLANT at the request of the OWNER, then the provisions of Article 5.9.5 shall apply but if the CONTRACTOR elects to pay MUTUALLY AGREED DAMAGES, then the provisions of Article 5.9.5 shall not apply.

5.9.5 Modifications by CONTRACTOR In the event the CONTRACTOR elect to make modifications pursuant to Article 5.9.4, CONTRACTOR may, during the period of 180 DAYs from the start of the first GUARANTEE TEST RUN, make such modifications, alterations, or additions to PLANT as are necessary to enable PLANT to meet the performance guarantees. During the 180 DAYs' period CONTRACTOR shall carry out these modifications, alterations, and additions, and shall repeat the GUARANTEE TEST RUN as may be required so as to prove the performance guarantees. The entire costs associated with such modifications, alterations, and additions including all related services necessary to enable PLANT to meet the performance guarantees shall be borne by CONTRACTOR.

5.9.6 Statement about Corrective Measures In the event that after modifications pursuant to Article 5.9.5 the performance guarantees of PLANT are not met within 30 (thirty) DAYs from the beginning of the first GUARANTEE TEST RUN, OWNER may request CONTRACTOR to give a full and detailed statement in WRITING to OWNER within 10 (ten) DAYs of notice to do so. The statement shall



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contain the detailed description and corrective measures which CONTRACTOR intends to take and the time or times required for the same to be completed and a GUARANTEE TEST RUN to be made CONTRACTOR shall wherever possible carry out or have carried out in accordance with the provisions of CONTRACT such corrective measures for which CONTRACTOR has responsibilities, and repeat the GUARANTEE TEST RUN within the shortest possible time, but not later than 180 DAYs from the beginning of the first GUARANTEE TEST RUN unless otherwise agreed with OWNER.

5.9.7 Corrective measures by CONTRACTOR If the corrective measures specified in Article 5.9.6 involve procurement of new items of EQUIPMENT or modification of existing items of EQUIPMENT which require a longer period for delivery than covered by the 180 DAYs' period, the period allowed for corrective measures shall be most suitably adjusted with the consent of OWNER. However, all WORK relating to design, engineering, and procurement for such long delivery items of EQUIPMENT shall be completed at the earliest possible time but not later than 90 DAYs from the beginning of the first GUARANTEE TEST RUN. OWNER may submit its comments to CONTRACTOR in WRITING regarding such corrective measures, and such comments shall be considered carefully by CONTRACTOR prior to undertaking such corrective measures. CONTRACTOR shall discuss with OWNER any differences of opinion that may be reflected in OWNER'S comments to CONTRACTOR'S statement. The limit of 180 DAYs from the first GUARANTEE TEST RUN is only an outer and maximum limit and CONTRACTOR shall commence WORK immediately to ensure rectification within a minimum time, so as to minimize the loss to OWNER. Nothing herein shall deprive OWNER of its rights to terminate CONTRACT in accordance with the provisions of the CONTRACT in the event of CONTRACTOR'S default as provided herein.

5.10 ACCEPTANCE OF PLANT These shall be as per Article 9

5.11 Design and VENDORS' Guarantees 5.11.1 General

Design and VENDORS' Guarantees are given in this Article under the following headlines. Design Guarantee VENDORS' Guarantees Faulty EQUIPMENT caused by VENDORS Faulty EQUIPMENT caused by CONTRACTOR Enforcement of VENDORS' Guarantees

5.11.2 Design Guarantee



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CONTRACTOR shall prepare and be responsible for the design and engineering documentation for PLANT in accordance with the provisions of CONTRACT. In the event of any errors in CONTRACTOR'S or VENDOR'S design or engineering or SPECIFICATIONS of EQUIPMENT requiring correction for which OWNER gives written notice within 15 (fifteen) DAYs after discovery thereof and prior to the expiration of a 12 MONTHs period commencing from the ACCEPTANCE OF PLANT, CONTRACTOR shall perform or cause to be performed such additional design and re-engineering as may be necessary to correct such error and prepare for OWNER, PURCHASE ORDER for any additional materials or EQUIPMENT required and called for by such additional design and re-engineering for which CONTRACTOR is responsible. The entire cost and expense of such additional design, engineering, EQUIPMENT and erection shall be borne by CONTRACTOR. In case CONTRACTOR has to modify or prepare further documentation, the validity of the guarantees given by CONTRACTOR in connection there with shall be agreed with OWNER. CONTRACTOR shall also provide other services related to WORK that may be required in connection with the aforesaid additional design and re-engineering without additional cost to OWNER.

5.11.3 VENDORS' Guarantees CONTRACTOR shall be responsible to obtain for the benefit of OWNER, for all items of EQUIPMENT procured for PLANT an undertaking to replace or repair any item of EQUIPMENT which shall be demonstrated to be defective under normal operating conditions within 12 (twelve) MONTHS from the date of start-up of PLANT. The PURCHASE ORDER(S) issued by CONTRACTOR shall contain all guarantees available from VENDOR for EQUIPMENT covered by PURCHASE ORDER.

5.11.4 Faulty EQUIPMENT caused by VENDORS The CONTRACTOR shall be liable to OWNER for VENDORS' EQUIPMENT and any redress for incomplete EQUIPMENT supplied by VENDOR and covered by VENDOR'S guarantees.

5.11.5 Faulty EQUIPMENT caused by CONTRACTOR In case a DEFECT in EQUIPMENT is due to an error in SPECIFICATIONS prepared by CONTRACTOR, CONTRACTOR shall undertake engineering, procurement, inspection, supply and installation etc at its own cost In the event that as a result of faulty EQUIPMENT installed in PLANT due to CONTRACTOR'S faulty SPECIFICATIONS, PLANT does not during the one year period after ACCEPTANCE OF PLANT operate within the ranges specified in Article 5.3.0 to be demonstrated by a GUARANTEE TEST RUN conducted by OWNER in accordance with the provisions of the CONTRACT, CONTRACTOR will have responsibility for replacing at its own cost the item or items of EQUIPMENT that caused the prime deficiency in performance of PLANT.

5.11.6 Enforcement of VENDOR'S Guarantees



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5.11.6.1 CONTRACTOR agrees to use its best efforts, to enforce the guarantees

against VENDOR and agrees to fully cooperate with and assist OWNER in the enforcement of such guarantees. All related costs during the guarantee period shall be borne by CONTRACTOR.

5.11.6.2 CONTRACTOR shall use its best efforts to arrange the schedule for delivery of all EQUIPMENT, and more particularly principal rotating machinery, so that the VENDOR'S guarantee period shall not expire, before the end of the 12 (twelve) MONTHS period of operation from the date of start-up of PLANT.

5.12 Patent Infringement and Indemnification CONTRACTOR shall indemnify and hold harmless, the OWNER from all claims, losses, demand, causes of action or suit as detailed herein under:

5.12.1 Patent Infringement 5.12.1.1 CONTRACTOR shall at all times indemnify and keep indemnified OWNER

against all claims or suits and defend, at its own cost, any suit or action brought against OWNER and hold OWNER free and harmless against all costs of such claims or suits which may be made against OWNER in respect of any infringement of any rights protected by patent, copyright, trade marks, and trade secrets to the extent that such claim, suit, or action is a result of the use of CONTRACTOR'S Technical Information for the construction, maintenance, and operation of PLANT and the use of CONTRACTOR'S and/or any other process licenser's processes used in PLANT. OWNER shall pass on all claims made against it to CONTRACTOR for settlement.

The CONTRACTOR shall indemnify the OWNER fully against all third party claims of infringement of patent, trademark or industrial design rights arising from use of the EQUIPMENT and all services or any part thereof in the OWNER'S country.

5.12.1.2 CONTRACTOR declares that to the best of its knowledge and belief the use of CONTRACTOR'S Technical Information for the construction, maintenance, and operation of PLANT and the use of CONTRACTOR and/or any other process licenser's processes used in PLANT will not infringe any valid patent rights of a third party. However, if at any time such infringement arises, CONTRACTOR agrees to keep OWNER fully indemnified and harmless against such claims and costs thereof and make arrangements that will allow OWNER to continue the operation of PLANT.

5.12.1.3 OWNER shall promptly advise CONTRACTOR in WRITING of any claim of infringement or any action for infringement of patents brought against it by a third party and based upon the use of CONTRACTOR'S Technical Information If such use is in accordance with instructions given in WRITING by CONTRACTOR, CONTRACTOR shall undertake the defense, or assist OWNER in the defense, of the claim or suit to final judgment or settlement



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5.12.1.4 CONTRACTOR shall undertake the defense on behalf of OWNER and

shall have sole charge and direction of the defense, and shall bear all costs related thereto. CONTRACTOR shall further hold OWNER harmless from any and all damages or other sums that may become payable by OWNER under a final judgment or settlement. However, OWNER shall render to CONTRACTOR all reasonable assistance that may be required by CONTRACTOR in the defense, and shall have the right to be represented therein by advisory counsel of its own selection and at its own expense.

5.12.1.5 In addition to the measures specified in Article 5.12.1.4, CONTRACTOR may further, at its option, however, in reasonable consultation with OWNER, seek to abate the alleged infringement by modification of PLANT or its operation without adversely affecting the performance and/or secure for OWNER immunity from suit for infringement. In such case, CONTRACTOR shall reimburse OWNER for all costs related to said modifications and to said immunity.

5.12.1.6 In the event that OWNER is legally restrained from operating PLANT on account of any infringement action or suit, CONTRACTOR shall take all possible actions to allow OWNER to operate and use PLANT.

5.12.1.7 Neither CONTRACTOR nor OWNER shall settle or compromise any suit or action without the written consent of the other if settlement or compromise obliges the other to make any payment or part with any property or assume any obligations or surrender any rights or to be subjected to any injunction by reason of such settlement or compromise.

5.12.2 Indemnities 5.12.2.1 CONTRACTOR Indemnification for Liabilities.

CONTRACTOR shall hold harmless and indemnify OWNER against any claim arising in respect of injury to or death of CONTRACTOR’s and any other Third Party’s personnel or loss or damage to any property not owned by OWNER, howsoever caused in connection with the performance of the WORK.

5.12.2.2 CONTRACTOR Indemnification for Taxes. It is specifically understood that CONTRACTOR hereby accepts and assumes exclusive liability for payment of taxes and shall save and hold the OWNER harmless from and against of all Taxes arising from the performance of the Work, and all such Taxes shall be deemed to be included in the CONTRACT PRICE on date of EFFECTIVE DATE OF CONTRACT.

5.12.2.3 Indemnification by SUB-CONTRACTORS. CONTRACTOR shall obtain from each SUB-CONTRACTOR which is an affiliate, and shall use all reasonable efforts to obtain from each SUB-CONTRACTOR, an indemnification materially similar in form and substance to Article 5.12, 5.12.2.1 and 5.12.2.2 which the OWNER shall be named as beneficiary.



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5.12.2.4 Common Law Remedies.

The above provisions of this Article 5.12.2 shall not deprive OWNER of any indemnity, action, right or remedy otherwise available to OWNER at common law or otherwise.

5.12.2.5 Payment of Amounts under this Article. Except to the extent covered by insurance, all amounts payable by CONTRACTOR to OWNER under this Article 5.12.2 shall be deducted from the CONTRACT PRICE or any other amounts owed by OWNER to CONTRACTOR here under. If such amounts payable by OWNER to CONTRACTOR are less than the amounts payable by CONTRACTOR under this Article 5.12.2, CONTRACTOR shall be liable to OWNER for such excess and shall pay such amount to OWNER immediately upon demand.

5.13 Limitation of Liability 5.13.1 Notwithstanding anything contained elsewhere in CONTRACT or implied

to the contrary CONTRACTOR'S entire liability under CONTRACT, but excluding liability under the provisions of Articles 5.13.2 shall be limited to 10% (ten percent) of the CONTRACT PRICE.

5.13.2 Notwithstanding the provisions of sub-Article 5.13.1, CONTRACTOR'S liability shall be unlimited for the following cases: a) Quantity and Quality of products from PLANT is not achieved as

guaranteed as per Article 5.3. b) The WORKS COST is higher than 102.5% of the guaranteed

WORKS COST. c) For providing immunity against Patent infringement pursuant to

Article 5.12.1 d) For providing immunity against indemnification pursuant to

Article 5.12.2 e) The Pollution level and Noise level Guarantees as per Articles 5.3

have not been met. f) SUSTAINED LOAD TEST is not successfully conducted within 90

DAYS from MECHANICAL COMPLETION for reasons attributable to CONTRACTOR.

5.14 VOID 5.15 Notwithstanding anything mentioned elsewhere in the CONTRACT

Neither CONTRACTOR nor OWNER shall be in any event be liable to each others or any PARTY working under them for any loss of profits, loss of interest, loss of production etc or for any other indirect and/or consequential damages arising from their respective performance under and in connection with the CONTRACT, irrespective of whether it is based on contract, tort (including negligence) or otherwise.



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END OF ARTICLE 5



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ARTICLE - 6

PRICES

6.1 CONTRACT PRICE 6.1.1 CONTRACT PRICE includes CONTRACTORs obligations as described

herein and under Article 3 : a) Process License, b) Know-how, Basic Engineering and Detailed Engineering, c) Inspection of EQUIPMENT, d) EQUIPMENT as per the scope of EQUIPMENT under this

CONTRACT e) COMMISSIONING spares f) Spare Parts g) Civil and Structural works for installation of EQUIPMENT, h) Custom Clearance, Port Handling and Onward dispatch to SITE and

Forwarding charges, if applicable, i) Transportation and Freight up to SITE, j) Unloading, Storage at SITE, site assembly, erection, pre-

COMMISSIONING and COMMISSIONING until ACCEPTANCE OF PLANT,

k) Insurance including ALOP and DS, l) All taxes as applicable in India and outside India for execution of

PLANT under CONTRACT including Works Contract tax, if any, m) PROJECT Management and overheads, n) GUARANTEE TEST RUNs and handing over of PLANT to OWNER. o) All other costs, expenses and outgoing of the CONTRACTOR not

otherwise expressly set forth herein necessary, required or incidental to the full, complete and proper performance and discharge of the CONTRACTOR’s obligations under and in accordance with the CONTRACT including completion of the PLANT in all respects and overheads of the CONTRACTOR.

6.1.2 OWNER shall pay to CONTRACTOR a lump-sum fixed CONTRACT

PRICE, as per Price Schedule at Annexure-1.2 for the due and faithful performance of CONTRACTOR’s obligations under the CONTRACT including proving of PERFORMANCE GUARANTEES and ACCEPTANCE OF PLANT. CONTRACT PRICE provided for in this Article covers entire consideration payable to CONTRACTOR for all obligations of CONTRACTOR. The CONTRACT PRICE is fixed and firm and not subject to any escalation during the contract period unless otherwise stated elsewhere in the CONTRACT.



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6.1.3 Price schedule: Price Schedule is as per ANNEXURE-1.2

6.1.4 CONTRACT PRICE : The CONTRACT PRICE is Rs. _________________ and Euro _________________ and USD _________________ inclusive of all taxes, duties in India and outside India. CONTRACTOR will provide required documentation to OWNER to enable it to claim CENVAT credit.

Price Variation in CONTRACT PRICE shall be permitted as hereunder up to placement of LOI:

Nickel Price variations

Price Variation for Nickel shall be as follows: ΔP = W (L2-L1) Where ΔP : Price implication on account of Nickel variation in USD. W : Nickel weight used in reformer tubes and its accessories

where Nickel content is more than 25%(w/w) as calculated by CONTRACTOR in Metric Tons (MT) and submitted along with Bid in Annexure 1.2.

L2 : LME Nickel price (3 months seller rate) per MT as on LOI date

L1 : LME Nickel Rate (3 months seller rate) per MT as considered in Bid preparation. Bidder to indicate considered rate in its Bid in Annexure 1.2.

Copper Price variations Price Variation for Copper Cables shall be as follows: Variation in INR per KM of cables = CuF (Cu-Cuo) Where CuF = Variation factor for Copper as defined by IEEMA Cu = Price of CC Copper rods exclusive of taxes and duties as

on 1st working day of the month subsequent to LOI Cuo = Price of CC Copper rods exclusive of taxes and duties as

considered in Bid preparation. Bidder to indicate considered rate in its Bid in Annexure 1.2.

The variation per KM arrived as above shall be multiplied by the quantity in kilometres to arrive at overall variation. Bidder shall submit required quantity of cable for each type of cable, i.e.



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numbers of core and type of cable, power/control along with Bid in Annexure 1.2.

Aluminium Price variations Price Variation for Aluminium Cables shall be as follows: Variation in INR per KM of cables = AIF (AI-AIo) Where AIF = Variation factor for Aluminium as defined by IEEMA AI = Rate of EC grade Aluminium rods (properzi rods) exclusive

of taxes and duties as on 1st working day of the month subsequent to LOI.

AIo = Rate of EC grade Aluminium rods (properzi rods) exclusive of taxes and duties as considered in Bid preparation. Bidder to indicate considered rate in its Bid. in Annexure 1.2

The variation per KM arrived as above shall be multiplied by the quantity in kilometres to arrive at overall variation. Bidder shall submit required quantity of cable for each type of cable, i.e. numbers of core and type of cable, power/control along with Bid in Annexure 1.2.

6.1.5 The CONTRACT PRICE includes the cost of all CONTRACTOR's and other miscellaneous EQUIPMENT, materials, services and works needed to complete and remedy DEFECTs and deficiencies, if any, in the PLANT in accordance with the CONTRACT.

6.1.6 CONTRACT PRICE includes all travel, accommodation and living costs of personnel of CONTRACTOR, SUB-CONTRACTOR, VENDOR and their agents for traveling to and from PLANT SITE and other places / countries as may be necessary for the proper performance of CONTRACTOR’s responsibilities under CONTRACT and shall also include all costs and expenses incurred in attending such meetings in connection with CONTRACT as OWNER may reasonably require.

6.2 Taxes and Duties 6.2.1 CONTRACTOR shall be entirely responsible for all taxes, stamp duties,

license fees, and other such levies under this CONTRACT. 6.2.2 CONTRACTOR shall be entirely responsible for all taxes, duties, etc. under

the CONTRACT as applicable as on EFFECTIVE DATE OF CONTRACT. However, any statutory variation in Indian -tax laws after EFFECTIVE DATE OF CONTRACT, but within the contractual period will be to OWNER’s account. However any variation in taxes, duties beyond contractual period shall be in the CONTRACTOR’s account provided the delay is solely attributable to CONTRACTOR.

6.2.3 All taxes / levies as may be levied / leviable including income tax in respect of payments to be made to the CONTRACTOR under this CONTRACT shall be borne and paid by CONTRACTORS. The OWNER however, shall provide all assistance to the CONTRACTOR in connection with the same. Any amount which the OWNER may be required by law to deduct at source



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towards income tax shall be deducted by the OWNER out of the amount payable to CONTRACTOR and the balance amount shall be paid by the OWNER to the CONTRACTOR. The OWNER shall however, provide the CONTRACTOR the receipts evidencing the payment.

6.2.4 As regards Indian income tax, surcharge on income tax and any other corporate tax, the OWNER shall not bear any tax liability whatsoever irrespective of the mode of contracting. The CONTRACTOR (whether domestic or foreign) shall be liable and responsible for payment of such tax if attracted under the provision of the law, foreign/non-resident CONTRACTOR are advised to check all provisions of the Indian Income Tax Act and circulars issued by the central board of direct taxes, Government of India.

6.2.5 Personal income tax payable, if any, in respect of salary of the CONTRACTOR'S foreign national personnel shall be payable by the individual deputed by CONTRACTOR.

6.2.6 Void 6.2.7 In case of indigenous supplies, applicable Taxes and Duties etc. shall be

paid by the CONTRACTOR as per Article 6.2 CONTRACTOR shall submit all relevant documents (Excise Invoice / CENVAT Tax Invoice etc.) to OWNER for availing CENVAT / VAT credit. In case of failure of providing such documents, the amount for such taxes / duties shall be recovered from CONTRACTOR. Also, In case of indigenous supplies, Interstate Sales Transactions shall be done on 6(2) basis against form “C”.

6.2.8 The relevant documents for availing CENVAT benefits shall have to be submitted by the CONTRACTOR within the stipulated time to OWNER.

6.2.9 The CONTRACTOR shall be deemed to have prepared the CONTRACT on the basis of its independent judgment and to have made all necessary allowances and provisions to ensure that the PLANT will meet all technical SPECIFICATIONS including specified performance requirements and guarantees and be entirely suitable for the purpose for which it is intended. Accordingly, the CONTRACT Price will, without extra price and/or extension of time, be held to include everything implicitly or otherwise required or necessary for the proper and timely completion of the Works including acceptance of PLANT in accordance with the CONTRACT.

6.2.10 The CONTRACT PRICE includes the cost of all CONTRACTOR's and other miscellaneous equipment, materials, services and works needed to complete and remedy DEFECTs and deficiencies, if any, in the PLANT in accordance with the CONTRACT.

6.2.11 CONTRACT Prices includes for all travel, accommodation and liv ing costs of management and engineering staff in traveling to, from and in Narmadanagar, Bharuch, Gujarat, India and other countries as may be necessary for the proper performance of the CONTRACTORS' responsibilities under the CONTRACT and shall include all costs and expenses incurred in attending such meetings in connection with the CONTRACT as OWNER may reasonably require.



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END OF ARTICLE 6



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ARTICLE - 7

TERMS OF PAYMENT

7.1 Terms of Payment for CONTRACT PRICE 7.1.1 Payments against License, Technical Know-How & Basic engineering

as per Article 6.1.3: - 10% of the technical know-how, design & engineering fee shall

be paid as an adjustable advance to the CONTRACTOR on presentation of following documents. a) CONTRACT copy duly signed by PARTIES b) Commercial invoice c) Bank guarantee equal to 110% the amount of advance as

per performa at ANNEXURE-1.17 - 80% pro-rata on progress based on receipt of Basic engineering

documents through a mutually agreed schedule during Kick-off meeting, within 30 DAYS of submission of invoices.

- 10% on MECHANICAL COMPLETION and receipt of operating manual and proprietary information for PLANT operation within 30 DAYS of submission of invoices.

- 5 % on successful completion of SUSTAINED LOAD TEST within 30 DAYS of submission of invoices and “Security Bond for Performance Guarantee”

- 5 % on final ACCEPTANCE OF PLANT duly commissioned and certified by the OWNER within 90 DAYS of such certification.

7.1.2 Payment against Detail engineering as per Article 6.1.3: - 10% of the Detail engineering fee shall be paid as an adjustable

advance to the CONTRACTOR on presentation of following documents. a) CONTRACT copy duly signed by CONTRACTOR b) Commercial invoice c) Bank guarantee equal to 110% the amount of advance as

per performa at ANNEXURE-1.17 - 80% pro rata on progress based on receipt of detailed

engineering documents through a mutually agreed schedule within 30 DAYS of submission of invoices




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- 5 % on successful completion of SUSTAINED LOAD TEST

within 30 DAYS of submission of invoices and “Security Bond for Performance Guarantee”

- 5 % on final ACCEPTANCE of the PLANT duly commissioned and certified by the OWNER within 90 DAYS of such certification.

7.1.3 Payments against supply of EQUIPMENT and Spares of mechanical, electrical, instrumentation and other equipments as per Article 6.1.3: - 10% of the price for EQUIPMENT shall be paid as an adjustable

advance to the CONTRACTOR on presentation of following documents. a) CONTRACT copy duly signed by PARTIES. b) Commercial invoice c) Bank guarantee equal to 110% the amount of advance as

per performa at ANNEXURE-1.17 - 10% On pro-rata basis, upon placement of PURCHASE

ORDER(S) for major EQUIPMENT within 30 DAYS of submission of invoices. List of major EQUIPMENT shall be mutually agreed during Kick-off meeting.

- 70% together with all duties and taxes on proof of dispatch, pro-rata for each consignment within 30 DAYS of submission of invoices as per CONTRACTOR’s Billing Schedule duly approved by OWNER.


- 5 % on successful completion of SUSTAINED LOAD TEST within 30 DAYS of submission of invoices and “Security Bond for Performance Guarantee”.

- 5 % on final ACCEPTANCE OF PLANT duly commissioned and

certified by the OWNER within 90 DAYS of such certification.

7.1.4 Payments against Civil Works, Erection, Construction and COMMISSIONING: Article 6.1.3:

- 10 % of the price for Erection, Construction and COMMISSIONING shall be paid as an advance to the CONTRACTOR and on presentation of following documents. i) CONTRACT copy duly signed by PARTIES. ii) Commercial invoice



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iii) Bank guarantee equal to 110% the amount of advance as

per performa at ANNEXURE-1.17 iv) CONTRACTOR shall submit, within one month, copy of

unpriced Letter of Intent placed by the CONTRACTOR on Construction SUB-CONTRACTOR.

- 80% against running bills on pro-rata basis for work completed each MONTH duly certified by OWNER within 15 DAYS of such certification.


- 5 % on successful completion of SUSTAINED LOAD TEST within 30 DAYS of submission of invoices

- 5 % on final ACCEPTANCE of the PLANT duly commissioned and certified by the OWNER within 90 DAYS of such certification.

7.2 VOID. 7.3 Payment currencies Payments shall be made in the currency in which the CONTRACT PRICE

has been stated. 7.4 Instructions for Invoicing and Payment Documentation

7.4.1 Invoicing Invoicing shall be in compliance with the stipulation of the CONTRACT and the following instructions: CONTRACTOR is liable for all costs arising from non-compliance with the instructions. As far as possible description of EQUIPMENT in the invoice and dispatch documents shall match the description in the CONTRACT. The invoicing for supplies, ocean freight, inland transportation, insurance, erection and COMMISSIONING etc. shall be raised separately by the CONTRACTOR and shall be duly certified by OWNER. The invoice shall contain the following information : i) CONTRACT no. ii) Item no., quantity and complete description iii) ITEM-WISE net price (unit and total) of the EQUIPMENT when

applicable iv) Net amount payable by deducting possible advance payments

already invoiced if any and the guarantee retention amount if any from the total value of the EQUIPMENT being invoiced



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v) Statement that the EQUIPMENT are meant for Gujarat Narmada

Valley Fertilizers & Chemicals Limited, BAUP PROJECT, PO : Narmadanagar – 392 015, District - Bharuch , Gujarat, India

vi) Marks, number and quantity of packages as well as contents of each package

vii) Statement that the EQUIPMENT are exempted from certain specified duties and taxes in CONTRACTOR's country (in case of foreign order),

viii) Delivery Challan No. / B/L / LR no. The country of origin is stated in the separate certificate of origin. The signed invoices, original and copy shall be made on CONTRACTOR'S letter head and shall be duly signed. Invoices for advance and progress payment(s) shall state the information under (i), (ii) and (iii). Invoices for guarantee retention money shall state the information under (i) to (viii).

7.4.2 Payment Documentation 7.4.3 Advance payment

Advance payment shall be made on furnishing the following which shall be adjusted in all subsequent payments till MECHANICAL COMPLETION; 1) Invoice for amount of advance in original and two (2) copies 2) Signing of the CONTRACT by PARTIES. 3) Original bank guarantee in the prescribed proforma of the amount

equal to the advance payment in one(l) copy valid up to ACCEPTANCE OF PLANT plus claim period of three months issued by any of the first class international bank or Indian nationalized banks or its foreign branches. Advance payment Bank Guarantee furnished by the Contractor towards advance would be reduced quarterly subject to adjustment made from Contractors running bill.

4) Original “Bank Guarantee for Performance of Contract” in the prescribed performa attached at ANNEXURE-1.16A for 10% of the CONTRACT PRICE valid up to the ACCEPTANCE OF PLANT plus claim period of three months in the form of Bank Guarantee issued by any of the first class international bank or Indian nationalized bank or its foreign branch.

7.4.4 Progress Payment 1) Invoice for progress payment amount in original and two (2) copies

duly certified by owner. 2) Progress Certificate from the beneficiary to the effect that progress

achieved is equal to progress invoiced, duly certified by OWNER, certificate in one (1) original plus two (2) copies.



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7.4.5 Billing Schedule

After award of CONTRACT, CONTRACTOR shall submit detailed Billing Schedule for supply and services for OWNER’s approval. Progressive payment shall be made based on the approved Billing Schedule.

7.4.6 Bank Guarantee for Warranty Obligations: CONTRACTOR shall, before receiving 5 % payment against completion of

SUSTAINED LOAD TEST, shall submit “Security Bond for Performance Guarantee” for the value of 5% of CONTRACT PRICE as per Performa attached at ANNEXURE-1.16B issued by any of the first class international bank or Indian nationalized bank or its foreign branch valid until the end of warranty period mentioned under Article 5.1.1.2 for CONTRACTOR's due and faithful performance of all its warranty obligations under the CONTRACT plus claim period of three months. Before receiving last payment CONTRACTOR shall also submit the final documentation in requisite numbers.

If required, the above “Security Bond for Performance Guarantee” shall be further extended until fulfillment of CONTRACTOR's warranty obligations as per Article 5.1.1.5.

The “Security Bond for Performance Guarantee” will be discharged by the OWNER not later than 15 DAYS following the date of completion of the CONTRACTOR's performance obligations, including any warranty obligations, under the CONTRACT.

END OF ARTICLE 7



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ARTICLE – 8

MECHANICAL COMPLETION, COMMISSIONING AND GUARANTEE TEST RUN

8.1 MECHANICAL COMPLETION period

CONTRACTOR shall guarantee that MECHANICAL COMPLETION shall occur within 31 MONTHS from EFFECTIVE DATE OF CONTRACT.

8.2 MECHANICAL COMPLETION.

CONTRACTOR shall be responsible for completing the design, engineering, procurement, inspection and expediting, arranging for transportation of EQUIPMENT, erection and construction of the PLANT and pre-COMMISSIONING for making PLANT ready for acceptance of feedstock at MECHANICAL COMPLETION. MECHANICAL COMPLETION for PLANT is defined as the date at which PLANT after mechanical erection and pre-COMMISSIONING, is ready for acceptance of feed to be introduced to and can continue to receive feed leading to production of Ammonia and Urea excepting for liquidation of punch list items, which shall be mutually discussed and agreed upon between the PARTIES. MECHANICAL COMPLETION shall include completion of all required activities of mechanical erection and pre-COMMISSIONING including but not limited to the following activities:

8.2.1 Mechanical Erection a) PLANT or the portion there of is installed in accordance with the

drawings, SPECIFICATIONS, and CONTRACT, including any approved changes thereto, and in accordance with all applicable codes and laws.

b) All coded pressure EQUIPMENT is hydrostatically or pneumatically tested once either in the CONTRACTOR's shop or in the field in accordance with applicable codes or purchase SPECIFICATIONS.

c) All heat exchangers, fired heaters and waste heat boilers are hydrostatically or pneumatically tested. All pre-COMMISSIONING checks are made in accordance with manufacturer's instructions.

d) Compressor, Pumps, machinery and all drives are cold aligned. Couplings are assembled and guards installed.

e) Instruments and safety interlocks are installed, inspected, and such non-operating checks are made as to assure operability in the manner required for the process application. Instrument air lines are checked for correct hook-up. Air lines are leak-tested. Orifice plates are checked for correct bore diameter, ready for OWNER'S installation after completion of flushing operations.



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f) Relief valves are installed. Prior to this, they will have been checked

by the VENDOR in the VENDOR'S shop and rechecked at SITE. g) Piping is hydrostatically or pneumatically tested in accordance with

the SPECIFICATIONS. Special treatment, such as chemical cleaning, is done as required by the drawings or SPECIFICATIONS. Suction screens are installed. Test blinds are removed. Spring supports, anchors, and guides are checked for removal of all shipping and erection stops and for correctness of cold settings.

h) The electrical system is installed, integrating with the electrical system of PROJECT and tested in accordance with and to the extent required by the electrical SPECIFICATIONS. All wiring is checked for correct hook-up. Motor rotation is checked. All power system protective devices are set.

i) Insulation is complete to the extent necessary to permit the start of COMMISSIONING and start-up.

j) Painting is completed to the extent that the incomplete work does not prevent the start of COMMISSIONING and start up.

k) All inert packing and bed support materials such as raschig rings and alumina balls be installed.

l) Temporary construction facilities are removed to the extent necessary to permit the start of COMMISSIONING and start-up.

8.2.2 Pre-COMMISSIONING The following is a list of typical work performed including but not limited to,

after PLANT is mechanically complete. a) Materials and labour are provided to flush, grease, pack, and

lubricate all pumps, compressors, other machinery, and their drives. b) All machinery and drives are run-in, hot-checked for alignment, and

doweled. Necessary adjustments are made as result of running-in, including resetting turbine over speed trips.

c) Control valves are installed. Instruments, analyzers, controls, interlocks, alarms, and related items are commissioned, including operating checks, provision and installation of seal fluids are required, checking and adjusting settings, standardizing, and calibration and proof tests.

d) Electrical relays and trips are commissioned and tested. e) Valves are lubricated, packed or re-packed, adjusted, or otherwise

serviced. f) Temporary strainers are removed, cleaned, and reinstalled. g) Slip blinds required in preliminary circulation and start-up lines are

installed and removed. h) EQUIPMENT and lines are flushed, purged, blown, and dried as

required for cleanliness, safety, and process considerations. All



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flanges are boxed up with proper gaskets. Target blowing is completed wherever required.

i) Final adjustments are made to pipe, supports and hangers. j) All fire protection and safety facilities are commissioned and put into

operation and all safety provisions initiated, including practices, procedures, permits, and other precautionary measures needed to ensure the safety of personnel and property.

8.2.3 As soon as MECHANICAL COMPLETION has been achieved, CONTRACTOR shall present PLANT for inspection and on being satisfied about its completion, OWNER shall issue a certificate to CONTRACTOR within 7 DAYS indicating the date of MECHANICAL COMPLETION, provided PLANT can continue to receive feed leading to production of Ammonia and Urea.

8.3 Permits and Certificates CONTRACTOR shall procure, at its expenses, all necessary permits, certificates and licenses as may be required in their name by virtue of all applicable laws, regulations, ordinances and other rules in effect at the place where any of the WORK is to be performed, and CONTRACTOR shall further hold OWNER harmless from liability or penalty which might be imposed by reason of any asserted or established violation of such laws, regulations, ordinances or other rules. OWNER will provide the necessary permits for CONTRACTOR'S personnel to undertake any WORK in India in connection with CONTRACT.

8.4 Specifications CONTRACTOR agrees that all EQUIPMENT furnished will be in strict accordance with the SPECIFICATIONS as provided, however, that any apparent omission or error in the SPECIFICATIONS will be met by the CONTRACTOR if such omission is necessary for the functioning of the EQUIPMENT or material to be supplied and that the CONTRACTOR, prior to proceeding with the work under CONTRACT, will call to the attention of OWNER any such omission or error or ambiguity in the SPECIFICATIONS requiring clarification.

8.5 Performance Tests 8.5.1 General

CONTRACTOR shall prove the performance guarantees specified in PART-II: TECHNICAL, SECTION-7.0 during tests of PLANT as specified under the following headlines: - SUSTAINED LOAD TEST - Notice of GUARANTEE TEST RUN - GUARANTEE TEST RUN - Measurements during GUARANTEE TEST RUN



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- Inconsistent Measurements - Deviations from SPECIFICATIONS - GUARANTEE TEST RUN Results

END OF ARTICLE 8



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ARTICLE - 9

ACCEPTANCE OF PLANT

9.1 PLANT shall be considered accepted by OWNER and OWNER shall issue ACCEPTANCE certificate to CONTRACTOR, when:

9.1.1 The performance guarantees given for PLANT, for capacity, product

quality, WORKS COST and Noise & Pollution Level shall be discharged when the performance tests of PLANT have been successfully carried out as stipulated in Article 8.5. / Article 5.3. Alternatively, CONTRACTOR'S liability for such guarantees shall also be discharged on the occurrence of any of the following events. a) MUTUALLY AGREED DAMAGES as specified in Article 5.9.2 have

been paid to OWNER and guarantees for Pollution Level pursuant to Articles 5.3 have been met.

b) OWNER notifies CONTRACTOR in WRITING that OWNER does not require demonstration of performance guarantees by a GUARANTEE TEST RUN

c) OWNER elects not to carry out any modification as may be required to be carried out by CONTRACTOR pursuant to Articles 5.9.2

9.1.2 Within 30 (thirty) DAYs from the discharge of CONTRACTOR from liability

for performance guarantees, OWNER shall send to CONTRACTOR a signed Certificate for ACCEPTANCE OF PLANT. On issue of this Certificate of Acceptance by OWNER, CONTRACTOR shall become entitled to receive payment of all unpaid amounts due to CONTRACTOR subject to CONTRACTOR'S fulfilling the obligations stipulated under the CONTRACT.

9.1.3 In the event of CONTRACTOR'S liability for performance guarantees has

been discharged under paragraphs (a) through (g) of Article 5.13.2, and if OWNER thereafter requests that CONTRACTOR furnishes operating advisers and other expatriate personnel to direct a performance test of PLANT and to comment or report thereon, CONTRACTOR shall furnish to OWNER such supervisory personnel for a maximum period of 12 MONTHS from the date of ACCEPTANCE OF PLANT at rates to be mutually agreed between the PARTIES.

END OF ARTICLE 9



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ARTICLE -10

TERMS AND CONDITIONS OF CONTRACT

Following Terms and conditions which are discussed and agreed by both the PARTIES shall apply to this CONTRACT:

10.1 Governing Language 10.1.1 The CONTRACT shall be in English language. All literature,

correspondence and other documents pertaining to the CONTRACT, which are exchanged by the PARTIES shall be in English language. Printed literature for any of the obligations of the CONTRACTOR shall only be considered, if it is accompanied by English translation. English translation shall govern and be binding to all PARTIES.

10.2 Governing Laws All questions related to or arising out of this CONTRACT including but not

limited to its validity, interpretation, performance and breach shall be governed by Indian laws.

10.3 EFFECTIVE DATE OF CONTRACT

The CONTRACT between CONTRACTOR and OWNER shall become effective upon issue of Letter of Intent to CONTRACTOR by OWNER.

10.4 Completion Period CONTRACTOR shall be responsible for completing the design, engineering, procurement, inspection and expediting, arranging for transportation to SITE, erection and Pre-Commissioning of PLANT for MECHANICAL COMPLETION. CONTRACTOR guarantees that MECHANICAL COMPLETION shall occur within 31(thirty-one) MONTHS from the EFFECTIVE DATE OF CONTRACT.

10.5 Contract Confirmation and Entire Agreement. After signing of CONTRACT, the terms and conditions contained herein take precedence over all previous terms and conditions and correspondence between the PARTIES and the PARTIES waive and consider as void any and all such terms and conditions. No waiver alternation or modification of any provision here to shall be binding on either PARTIES unless approved in WRITING by the PARTIES to the CONTRACT.

10.6 Instructions, Directions and Correspondence. 10.6.1. The PLANT and all deliverable described in the CONTRACT are to be

supplied according to the standards, data sheets, tables, SPECIFICATIONS and drawings enclosed with the CONTRACT and according to all terms and conditions specified in the CONTRACT.



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a) All instructions and orders to CONTRACTOR shall, excepting what is

herein provided be given by OWNER in accordance with the provisions of the CONTRACT.

b) All the WORK shall be carried out under the overall direction of the OWNER and in accordance with the provisions of the CONTRACT.

c) All communications including technical-commercial clarification and/or comments shall be addressed to OWNER and shall always bear reference to the CONTRACT.

d) The CONTRACT number shall be shown on all invoices, communications, packing lists, containers and Bills of Lading/Lorry Receipt, etc.

10.6.2. Correspondence on technical and commercial matters shall be dealt with in separate letters and each correspondence shall deal with only one issue. Each copy of the letter shall be complete with all Annexures.

10.6.3. Correspondence with respect to Expediting and Inspection shall be done directly with INSPECTOR with copy to OWNER.

10.7 Modifications in CONTRACT 10.7.1. All modifications leading to changes in the CONTRACT with respect to

technical and/or commercial aspects, shall be considered valid only when accepted in WRITING by OWNER and CONTRACTOR by issuing amendment to the CONTRACT. Issuance of acceptance or otherwise in such cases shall not be any ground for extension of agreed delivery dates and also shall not affect the performance of CONTRACT in any manner except to the extent mutually agreed to through a modification of CONTRACT in WRITING.

10.7.2. OWNER shall not be bound by any printed conditions, provisions in the CONTRACTORS Bid Forms or acknowledgement of CONTRACT, invoice, packing list and other documents which purport to impose any condition at variance with or supplemental to CONTRACT.

10.8 CHANGE IN SCOPE OF CONTRACT. 10.8.1. OWNER shall have the right to request in WRITING changes in SCOPE

OF CONTRACT within the scope of CONTRACT. When the request for a change by OWNER has been agreed by both the PARTIES and complied with by CONTRACTOR, then CONTRACTOR'S obligations under CONTRACT shall remain unaffected unless otherwise agreed by both the PARTIES in WRITING.

10.8.2. For each request for a change in SCOPE OF CONTRACT, CONTRACTOR shall promptly inform OWNER in WRITING whether this request will fall within the provision of the CONTRACT. If this request does not fall under the provision of the CONTRACT and CONTRACTOR has to incur additional expenses, then CONTRACTOR shall promptly submit a cost estimate, and terms of payment for making the requested change together with the details of any variation required to be made to any of



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CONTRACTOR'S or OWNER'S obligations and/or guarantees, time schedules, etc.

10.8.3. If in CONTRACTOR'S opinion fulfillment of any of its obligations under CONTRACT would be jeopardized by a change requested by OWNER, then CONTRACTOR shall explain in WRITING to OWNER the reasons for not accepting these changes within 30 (thirty) DAYS of receipt of OWNER'S written request.

10.8.4. OWNER and CONTRACTOR shall agree upon the basis and terms of the change in SCOPE OF CONTRACT in WRITING.

10.8.5. It is understood that no change shall become effective and no change will alter the SCOPE OF CONTRACT and /or WORK until all of the matters referred to have been mutually agreed upon in WRITING by OWNER and CONTRACTOR.

10.8.6. It is agreed by both PARTIES that the following changes shall not be considered as change in the meaning of this Article 10.8. a) Changes requested by OWNER and accepted by CONTRACTOR

which do not involve any additional cost or man-hour effort. b) Changes in CONTRACTOR'S scope of EQUIPMENT and/or WORK

required on account of CONTRACTOR not having included any item of scope of EQUIPMENT which in the opinion of OWNER/CONTRACTOR is necessary for the normal safe and continuous operation of PLANT as referred to in Article 3.3.3.

10.9 Change in Codes and Standards

Any change in codes, standards, SPECIFICATIONS or practice in the SPECIFICATIONS including changes in pollution control and environmental norms, etc. whether related or arising out of statutory regulations/requirements or otherwise taking place on or after the EFFECTIVE DATE OF CONTRACT but within the contractual period, which entails additional costs, shall be to the account of OWNER.

10.10 Use of Contract Documents and Information 10.10.1. The CONTRACTOR shall not, without the OWNER'S prior written consent

disclose the CONTRACT or any provision thereof, or any SPECIFICATION, plan, drawing, pattern, sample or information furnished by or on behalf of the OWNER in connection therewith, to any person other than a person employed by the CONTRACTOR in the performance of the CONTRACT. Disclosure to any such employed person shall be made in confidence to the extent necessary for purpose of such performance and shall be bound by similar secrecy obligations.

10.10.2. Similarly, the OWNER shall not, without the CONTRACTOR’s prior written consent disclose the CONTRACT or any provision thereof, or any SPECIFICATIONS, plan, drawing, pattern, sample or information furnished



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by or on behalf of the CONTRACTOR in connection therewith, to any person other than a person employed by the CONTRACTOR in the performance of the CONTRACT. Disclosure to any such employed person shall be made in confidence to the extent necessary for purpose of such performance and shall be bound by similar secrecy obligations.

10.10.3. The CONTRACTOR shall not without the OWNER'S prior written consent make use of any document or information enumerated in Article 10.10.1 except for purpose of performing the CONTRACT.

10.10.4. Similarly, the OWNER shall not without the CONTRACTOR’s prior written consent make use of any document or information which is of proprietary nature and is provided by the CONTRACTOR enumerated in Article 10.10.2 except for purpose of performing the CONTRACT.

10.10.5. Any document, other than the CONTRACT itself, enumerated in Article 10.10.1 shall remain the property of the OWNER and shall be returned (in all copies) to the OWNER on completion of the CONTRACTOR'S performance under the CONTRACT if so required by the OWNER.

10.11 Bank Guarantee for Performance of CONTRACT 10.11.1 The proceeds of Bank Guarantee for Performance of CONTRACT

shall be appropriated by the OWNER as compensation resulting from the CONTRACTOR'S failure to complete its obligations under the CONTRACT without prejudice to any of the other rights or remedies the OWNER may be entitled to as per Terms and Conditions of CONTRACT.

10.11.2 The Bank Guarantee for Performance of CONTRACT shall be denominated in currency indicated in CONTRACT PRICE.

10.11.3 The Bank Guarantee for Performance of CONTRACT in the form of Bank Guarantee shall be valid till the ACCEPTANCE OF PLANT with claim period of three months. If scheduled date of ACCEPTANCE OF PLANT is delayed for any reason, CONTRACTOR shall extend the Bank Guarantee for Performance of CONTRACT without any cost to OWNER.

10.11.4 The Bank Guarantee for Performance of CONTRACT will be discharged by the OWNER not later than 15 DAYS following the date of completion of the CONTRACTOR'S performance obligations under the CONTRACT.

10.11.5 Performance Bond for the Warranty Period: Please refer to Article 7.4.6 and ANNEXURE-1.16B for format of Performance Bond.

10.12 SUB-CONTRACTS 10.12.1 CONTRACTOR may make use of the services of SUB-CONTRACTOR(s)

in accordance with CONTRACT. The obligations and responsibilities of the CONTRACTOR listed in or referred to in Article-3 shall not in any manner limit the general scope of obligations and responsibilities of designing,



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engineering, procurement, construction, COMMISSIONING and proving the performance guarantees of PLANT within the scope of CONTRACT.

10.12.2 Approval of Major SUB-CONTRACTORS. Except as otherwise specified in this CONTRACT, CONTRACTOR shall,

as soon as practicable and before commencement of the WORK, furnish to OWNER, for acceptance a list, including address and name of contact person, of all proposed major SUB-CONTRACTORS together with a copy or description of any warranties which are to be supplied by such major SUB-CONTRACTORS. Any changes to such list of major SUB-CONTRACTORS shall also require the prior approval of OWNER in WRITING. Following prequalification criteria shall be adopted for the vendors which are not in the agreed Vendor list:

i. The BIDDER should specify, while pre-qualifying the

Vendors, that during the past 10 years the Vendor should have supplied at least two similar plant equipments or machinery. The BIDDER should satisfy themselves that sufficient documentary proof is submitted by the Vendors in support of this criterion. However, in case of critical equipment, in addition to above criterion, the Vendor should also be prequalified by Process Licensor.

ii. The Bidder would be ultimately responsible for verifying

the credentials, the quality of the equipment, machinery and timely supply.

iii. Materials / Equipment of Chinese Origin are not

recommended

10.12.3 Relations with SUB-CONTRACTORS All WORK performed or materials supplied by SUB-CONTRACTOR shall

be pursuant to an appropriate SUB-CONTRACT, or similar agreement which shall, as appropriate, contain provisions that:

10.12.3.1. Preserve and protect all the rights of OWNER here under the WORK to be performed or materials supplied under the SUB-CONTRACT;

10.12.3.2. Required that such WORK be performed or materials be fabricated, supplied and installed in strict accordance with the applicable requirements of this CONTRACT.

10.12.3.3. Obligate such SUB-CONTRACTOR to consent to and be bound by those obligations under this CONTRACT which by their terms are intended to also obligate such SUB-CONTRACTORS, including the provisions of this Article.



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10.12.3.4. Insurance cover related to work of SUB-CONTRACTOR is the

responsibility of the CONTRACTOR. 10.12.4 CONTRACTOR Responsible for WORK CONTRACTOR is responsible for the WORK, and that the performance

thereof conforms in all respects to the requirements of this CONTRACT, regardless of any failure of any SUB-CONTRACTOR to perform or any disagreement between any SUB-CONTRACTORS or between any SUB-CONTRACTOR and CONTRACTOR. CONTRACTOR shall furnish such information relative to its SUB-CONTRACTORS (including copies of unpaid SUBCONTRACTS or PURCHASE ORDER) as OWNER may request.

10.12.5 Damages. CONTRACTOR shall agree to hold all SUB-CONTRACTORS, including all persons directly or indirectly employed by them, responsible for any damages due to breach of CONTRACT or any negligent act and to diligently endeavour to effect recoveries in such damages.

10.12.6 Work of SUB-CONTRACTOR(S) and CONTRACTOR CONTRACTOR shall remain responsible for proper execution of such part of WORK as are carried out by SUB-CONTRACTOR(S) and any failure of SUB-CONTRACTOR(S) or CONTRACTOR(S) shall not relieve CONTRACTOR of its obligations under CONTRACT. Furthermore, in the event of any default by SUB-CONTRACTOR(S), CONTRACTOR may either take over SUB-CONTRACTOR's part of WORK on mutually agreed terms or take remedial action as may be necessary in order to achieve completion of PLANT and any other activities leading to ACCEPTANCE OF PLANT by OWNER.

10.13 Termination of CONTRACT 10.13.1. Termination for Default 10.13.1.1. The OWNER may without prejudice to any other remedy for breach of

CONTRACT, terminate the CONTRACT in whole or in part, by written notice of default sent to the CONTRACTOR. a. If the CONTRACTOR fails to supply the EQUIPMENT to meet

the ACCEPTANCE OF PLANT schedule and/or b. If the CONTRACTOR fails to perform any other material

obligation(s) under the CONTRACT Provided that, in either of the above circumstances, does not rectify his failure or initiate suitable steps to mitigate the failure within a period of 30 DAYS (or such longer period as the OWNER may authorize in WRITING) after receipt of the default notice from the OWNER.

10.13.1.2. In the event the OWNER terminates the CONTRACT in whole or in part, pursuant to Article 10.13.1.1 the OWNER may take alternative actions, upon such terms and in such manner as he deems appropriate, for



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EQUIPMENT and services similar to those undelivered and the CONTRACTOR shall be liable to the OWNER for any excess costs for such similar EQUIPMENT provided in the CONTRACT for incomplete portions. However, the CONTRACTOR shall continue performance of the CONTRACT to the extent not terminated.

10.13.2. Termination for Insolvency The OWNER may at any time terminate the CONTRACT giving notice in WRITING to the CONTRACTOR, without compensation to the CONTRACTOR for the incomplete portion of WORK, if the CONTRACTOR becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has occurred or will accrue thereafter to the OWNER.

10.13.3. Termination for Convenience 10.13.3.1. The OWNER shall, by giving 1 (one) MONTH advance notice in WRITING

to the CONTRACTOR, terminate the CONTRACT, in whole or in part, at any time for his convenience. The notice of termination shall specify that termination is for the OWNER'S convenience, the extent to which performance of WORK under the CONTRACT is terminated and the date upon which such termination becomes effective.

10.13.3.2. The EQUIPMENT that are complete and ready for shipment within 30 DAYS after the CONTRACTOR'S receipt of notice of termination shall be purchased by OWNER from the CONTRACTOR at the CONTRACT terms and prices. For remaining EQUIPMENT, the OWNER may opt: a) to have any portion completed and delivered at the CONTRACT terms

and prices and/or b) to cancel the remainder and pay to the CONTRACTOR an agreed

amount for partially completed EQUIPMENT and for materials and parts previously procured by the CONTRACTOR.

c) Plus pay to the CONTRACTOR any other commitment cost that may be necessary due to such termination, provided such a claim is supported by documentary evidence from the CONTRACTOR

10.13.4. Notwithstanding anything elsewhere provided in the CONTRACT documents, all advances made by the OWNER to the CONTRACTOR shall forthwith become repayable to the OWNER in the event of the CONTRACT being terminated for any cause. In such event of termination the advance shall be recoverable with interest @ SBI BR + 5.5% from CONTRACTOR.

10.14 Force Majeure 10.14.1. Neither the CONTRACTOR/ SUBCONTRACTOR nor the OWNER shall

be considered in default in the performance of their contractual obligations under the CONTRACT, as long as such performance is prevented or delayed, for reasons, such as Acts of God, severe earthquake, typhoon or cyclone (except monsoon), floods, lightning, landslide, fire or explosions,



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plague or epidemics, strikes, lockouts (lasting more than 10 consecutive calendar DAYS), sabotage, terrorism, blockade, war, riots, invasion, act of foreign enemies, hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection/or military usurped power or confiscation or trade embargoes or destruction or requisition by order of any Government or any Public Authority and all other acts beyond the reasonable control of the PARTIES. CONTRACTOR or OWNER as the case may be, shall within 14 days notify the other PARTY, about the occurrence of the force majeure event and provide the other PARTY details of the arising and ceasing of the impediment. At the end of the impediment, CONTRACTOR or OWNER, as the case may be shall provide justificatory documentation countersigned by the local Chamber of Commerce.

10.14.2. Should one or both the PARTIES be prevented from fulfilling the contractual obligations by a state of Force Majeure lasting continuously for a period of 6 weeks, the PARTIES shall consult each other regarding the future implementation of the CONTRACT. The mere shortage of labour, materials or utilities shall not constitute force majeure unless caused by circumstances which are themselves Force Majeure.

10.14.3. CONTRACTOR and OWNER shall endeavor to prevent, overcome or remove the causes of Force Majeure.

10.14.4. No ground for exemption can be invoked if CONTRACTOR has failed to give timely notice by registered letter and subsequently supported it by documentary evidence.

10.15 Resolution of Disputes / Arbitration 10.15.1 The OWNER and the CONTRACTOR shall make every effort to resolve

amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the CONTRACT.

10.15.2 If, after thirty DAYS from the commencement of such informal, negotiations, the OWNER and the CONTRACTOR have been unable to resolve amicably a CONTRACT dispute, either PARTY may require that the dispute be referred for resolution to the formal mechanism as specified hereunder.

10.15.3 Legal Construction Subject to the provision of Article 10.15.4 the CONTRACT shall be in all respects, construed and operated as an Indian CONTRACT and in accordance with Indian Laws as in force for the time being and is subject to the jurisdiction of the Bharuch Court.

10.15.4 Arbitration All disputes which cannot be settled by mutual negotiations, the matter shall first be referred to and determined by arbitration in accordance with The Arbitration and Conciliation Act 1996, as amended from time to time.

10.15.4.1 The venue of the Arbitration proceedings shall be in Bharuch, Gujarat, India.



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10.15.4.2 The tribunal shall consist of three arbitrators and shall be constituted as

follows a) The claimant shall nominate an arbitrator and shall give notice in

WRITING calling on the other PARTY to nominate an arbitrator within 30 DAYS of the notice, failing which such arbitrator shall at the request of the claimant be appointed by the Indian Council of Arbitration, New Delhi.

b) The third arbitrator who shall serve as chairman of the tribunal shall be appointed by agreement between the PARTIES or in default of agreement within 30 days of the appointment of the second arbitrator, he shall be appointed by the Indian Council of Arbitration, New Delhi, at the written request of either or both of the PARTIES.

c) Should a vacancy arise because any arbitrator dies, or resigns, refuses to act, or becomes incapable or performing his functions, the vacancy shall be filled by whose nominee he was appointed and if such PARTY fails to fill the vacancy so caused, the same shall be filled by the method by which the arbitrator is to be appointed in default of a PARTY as provided in Article 10.15.4.2 above.

10.15.4.3 The arbitration shall be subject to the rules of arbitration of the Indian Council of Arbitration, New Delhi. Subject to the said rules, the procedure to be followed shall be agreed by the PARTIES so as to complete the Arbitration Proceedings within 12 MONTHS or such extended time as may be reasonably agreed by both the PARTIES or in default of agreement, determined by the tribunal.

10.15.4.4 In the event of default by either PARTY in respect of any procedural order made by the tribunal, the tribunal shall have power to proceed with the arbitration in the absence of that PARTY and to deliver its award.

10.15.4.5 The law governing the substantive issues between the PARTIES shall be the law of India.

10.15.4.6 The arbitration proceeding shall be governed in accordance with the provisions of Indian Arbitration and Conciliation Act 1996, as amended from time to time.

10.15.4.7 As soon as practicable after being constituted, the tribunal shall hold a preliminary meeting with the representatives of the PARTIES for the purposes of establishing the procedure to be followed. In determining the procedure to be followed, the tribunal shall observe the following provisions.. b) The language of the proceedings shall be English c) The PARTIES shall also have the right to present the oral testimony of

witnesses of fact. d) If either PARTY fails within the prescribed time to appear or to present

its case at any stage of the proceeding, the tribunal may of its own motion or at the request of either PARTY, after giving reasonable



V SHEET 77 OF 78

notice to each PARTY, proceed with the arbitration and make an award.

e) All the decisions of the tribunal shall be by a majority vote. All awards, interim or final, shall be in WRITING and signed by each arbitrator and shall state the reasons upon which the award is based. In the event that one arbitrator refuses to sign the award, the two arbitrators forming the majority shall state in the award the circumstances in which the signature of the remaining arbitrator has been withheld.

10.15.4.8 The tribunal shall keep a record of all its proceedings and decisions, and a record of all evidence, whether from experts or witnesses of act, at oral hearings.

10.15.4.9 All awards of the tribunal shall be final and binding on the PARTIES. 10.16 Notices 10.16.1 Any notice given by one PARTY to the other pursuant to this CONTRACT

shall be sent in WRITING or by Fax or e-mail and confirmed in WRITING to the address specified for that purpose in the CONTRACT.

10.16.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later.

10.17 Mechanics Lien CONTRACTOR agrees to indemnify and hold harmless OWNER against all labourer's material, man's and/or mechanic's liens arising from its WORK, and shall keep the premises of OWNER free from all such claims, liens and encumbrances.

10.18 Recovery Of Sums / Dues All cost, damages or expenses which the OWNER may have paid under the CONTRACT, for which CONTRACTOR is liable, may be recovered by the OWNER (he being irrevocably authorized to do so) from any money due to or becoming due to the CONTRACTOR under this CONTRACT or other CONTRACTS and/or may be recovered by action at law or otherwise. If the sums due to the CONTRACTOR be not sufficient to recover the recoverable amount, the CONTRACTOR shall pay to the OWNER, the balance amount.

10.19 Payments etc. not to affect rights of the OWNER No sum paid on account by the OWNER nor any extension of the date for completion granted by the OWNER shall affect or prejudice the rights of the OWNER against the CONTRACTOR or relieve the CONTRACTOR of his obligation for the due fulfillment of the CONTRACT.

10.20 Cut-Off Dates No claims or correspondence on this CONTRACT shall be entertained by the OWNER after 3 MONTHS after issue of Certificate of ACCEPTANCE OF PLANT by the OWNER.



V SHEET 78 OF 78

10.21 Procurement of Additional Spares by OWNER Spares for EQUIPMENT are under the scope of SUPPLY of the

CONTRACTOR. Further, if the OWNER desires to procure additional spares, OWNER shall do so with / without the involvement of the CONTRACTOR.

END OF ARTICLE 10

BROWN FIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

EXHIBITS

PC54/E-1/P-I 0

DOCUMENT NO. REV

SHEET 1 OF 12

PART I: COMMERCIAL

EXHIBITS



EXHIBITS

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DOCUMENT NO. REV

SHEET 2 OF 12

EXHIBIT-1

SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT

GNFC’S EXISTING COMPLEX IN BHARUCH. TECHNOLOGY CRITERIA (AMMONIA)

Bidder shall furnish details with reference to the work, which pre-qualify them in line with Technology Criteria mentioned under Clause 8.0 of “Instructions to Bidders”.

1.0 REFERENCES OF AMMONIA PLANT WITH PROPOSED TECHNOLOGY SL. NO. DESCRIPTION PROJECT – 1, 2 etc.

(Separate sheets for each Project) 1. Project name and description

( Please Specify the name of Process licensor also )

2. Capacity of Single Stream Ammonia plant, operating successfully for the last three years

3. a) Date / month / year of award / commencement of Project

b) Scheduled Date / month / year of commissioning of Project

c) Actual Date / month / year of commissioning of Project

d) LD imposed / Bonus claimed YES/NO ; if yes, brief the reason:

4. Scope of responsibilities for : Indentify the company’s name for each job executed as detailed below

(a) Supply of Process License, Basic Process Design/Engineering

(b) Detailed Engineering

(c) Procurement and Supply

(d) Erection and construction

5. Name of Owner

(a) Name and address of Owner’s contact person (b)Telephone and Fax No.


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6. Documentary proof from the owner in support of

successful operation of plant for last three years. YES/NO

7. Performance data of the qualifying plants/projects for the last 5 years (Attach relevant Plant performance Data sheets duly certified by owner)

YES/NO

Note:

1. Bidder shall furnish the details as above of Projects which they consider suitable for their pre-qualification. OWNER / PDIL reserve the right not to evaluate any other Project details.

2. Bidder to note that this exhibit form shall be filled as per the Proformas as stated, along with wherever applicable, copies of work order , completion certificates and Documentary proof from the owner in support of successful operation of plant for last three years .

3 . Bidder to note that non-submission of relevant supporting documents may lead

to rejection of their PQ bid. It is to be ensured that all relevant supporting documents shall be submitted alongwith the PQ bid in the first instance itself. Pre-qualification may be completed based on the details so furnished without seeking any subsequent additional information.

STAMP & SIGNATURE OF BIDDER : __________________________________ NAME OF BIDDER : __________________________________ DATE : __________________________________


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EXHIBIT-2


GNFC’S EXISTING COMPLEX IN BHARUCH.

TECHNOLOGY CRITERIA (UREA)

Bidder shall furnish details with reference to the work, which pre-qualify them in line with Technology Criteria mentioned under Clause 8.0 of “Instructions to Bidders”.

1.0 REFERENCES OF UREA PLANT WITH PROPOSED TECHNOLOGY SL. NO. DESCRIPTION PROJECT – 1, 2 etc.


( Please Specify the name of Process licensor also )

2. Capacity of Urea plant, operating successfully for the last three years

3. a) Date / month / year of award / commencement of Project

b) Scheduled Date / month / year of commissioning of Project

c) Actual Date / month / year of commissioning of Project

d) LD imposed / Bonus claimed YES/NO ; if yes, brief the reason:

4. Scope of responsibilities for : Indentify the company’s name for each job executed as detailed below

(a) Supply of Process License, Basic Process Design/Engineering

(b) Detailed Engineering

(c) Procurement and Supply

(d) Erection and construction

5. Name of Owner

(a) Name and address of Owner’s contact person (b)Telephone and Fax No.


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6. Documentary proof from the owner in support of

successful operation of plant for last three years. YES/NO

7. Performance data of the qualifying plants/projects for the last 5 years (Attach relevant Plant performance Data sheets duly certified by owner)

YES/NO

Note:

1. Bidder shall furnish the details as above of Projects which they consider suitable for their pre-qualification. OWNER / PDIL reserve the right not to evaluate any other Project details.

2. Bidder to note that this exhibit form shall be filled as per the Proformas as stated, along with wherever applicable copies of work order , completion certificates and Documentary proof from the owner in support of successful operation of plant for last three years .

3 . Bidder to note that non-submission of relevant supporting documents may lead

to rejection of their PQ bid. It is to be ensured that all relevant supporting documents shall be submitted alongwith the PQ bid in the first instance itself. Pre-qualification may be completed based on the details so furnished without seeking any subsequent additional information.



EXHIBITS

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DOCUMENT NO. REV

SHEET 6 OF 12

EXHIBIT-3

SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S EXISTING COMPLEX IN BHARUCH.

EXPERIENCE CRITERIA Bidder shall furnish their LSTK experience details with reference to the work, which pre-qualify them in line with Experience Criteria mentioned under Clause 8.0 of “Instructions to Bidders”

(MARK √ FOR APPLICABILITY IN BOX )

1.0 EXPERIENCE AS LSTK CONTRACTOR

SL. No.

Description Details

1. Name of Project, Location (Executed by Single Bidder/Consortium Member)

2. Description of work 3 Capacity of the Fertilizer Project/

Name of Technology Supplier

4. Name of Owner, Postal Address, Phone / Fax No. / E-mail

5. Name of Consultant / Postal Address, Phone / Fax No. / E-mail.

6. Project Status

Date of Award Scheduled Mechanical

completion date. Actual Mechanical completion

date Actual Project completion

date (handover) Delay in months (if any) Reasons for delay (if any)

7.

Scope of work executed by Bidder’s organisaion

Supply of Process License

Basic Process Design


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Residual process

design

(In case work has been executed on consortium / JV basis, only scope of work of Bidder’s organization be mentioned)

Detailed Engineering

Project Management Procurement services Procurement including

supply Construction Construction

supervision QA/QC Pre-commissioning &

commissioning Supervision of

commissioning

8 Completion Status Specify Date of

- Mechanical completion - Commissioning - Performance

Guarantee runs - Handing over plant to

Owner Whether completion

certificate enclosed YES NO

Date Actual Sch. ………… ………… ………… …………


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8.1 LD imposed/ Bonus claimed YES/NO ; if yes, brief the reason:

9.0 Document Furnished 9.1 Copy of work order / Contract

Agreement enclosed

YES NO

9.2 A certificate from the Owner that the Plant is put into commercial operation / Certificate of successful guarantee test run.

YES NO

9.3 Documentary proof from the owner in support of successful operation of fertilizer plant for at least three years from the date of successful guarantee test .

YES NO

10. Type of Project (In case of Consortium )

Whether this work is for: Grass Root Refinery

Existing Refinery Petrochemical Plant Gas Processing Plant,

on shore / offshore Fertilizer – oil/gas

11. Basis of work Individual

Consortium (Name of Consortium members and their responsibilities to be attached) Joint Venture (Name of Joint members


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and their responsibilities to be attached)

Note :

1. Bidder shall furnish the experience details as above of Projects which they consider suitable for their pre-qualification. OWNER / PDIL reserve the right not to evaluate any other Project details.

2. Bidder to note that this exhibit form shall be filled as per the Proformas as stated, along with wherever applicable, copies of work order and completion certificates.

3. Bidder to note that non-submission of relevant supporting documents may lead to rejection of their PQ bid. It is to be ensured that all relevant supporting documents shall be submitted alongwith the PQ bid in the first instance itself. Pre-qualification may be completed based on the details so furnished without seeking any subsequent additional information.



EXHIBITS

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EXHIBIT-4


GNFC’S EXISTING COMPLEX IN BHARUCH.

FINANCIAL CRITERIA

Bidder shall furnish details with reference to the work, which pre-qualify them in line with Financial Criteria mentioned under Clause 8.0 of “Instructions to Bidders”.

1.0 DETAILS OF PROJECT REFERENCES AS PER CLAUSE 8.0 OF “INSTRUCTIONS TO BIDDERS”

SL. NO. DESCRIPTION PROJECT – 1, 2 etc.


(in field of Oil, Gas, Hydrocarbon or Fertilizer)

2. (a) Awarded contract value (INR / US$) SINGLE BIDDER/ LEAD BIDDER OF CONSORTIUM executed Minimum Contract Value of INR 28 Billion or US$ 500 Million during last 7 years.

Or


Or executed three such contracts each with contract value of minimum US $ 250 million or INR 14 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

(b) Final executed contract value (INR / US$)

(c) Exchange rate considered for contract


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3. Name of Owner

(a) Name and address of Owner’s contact person (b) Telephone and Fax No.

(c ) Mobile No. (d ) Email No.

4. (a) Date / month / year of award / commencement of Project (b) Date / month / year of scheduled commissioning of Project. (c) Date / month / year of actual commissioning of Project.

5. Basis of work As a Single Bidder/ Organization

6. Whether document submitted in support viz. copies of work order and completion certificate identifying the successful commissioning of project.

YES/NO

2.0 ANNUAL TURNOVER

(1) 2011-2012 INR _______ Billion / US $ _______ million (2) 2010-2011 INR _______ Billion / US $ _______ million (3) 2009-2010 INR _______ Billion / US $ _______ million

Whether copies of balance sheet and annual turnover statements for the above three financial years submitted. YES / NO

Note:

1. Bidder shall furnish the experience details as above of Projects which they consider suitable for their pre-qualification. OWNER / PDIL reserve the right not to evaluate any other Project details.

2. Bidder to note that this exhibit form shall be filled as per the Proformas as stated, along with wherever applicable, copies of work order and completion certificates.

3 . Bidder to note that non-submission of relevant supporting documents may lead to

rejection of their PQ bid. It is to be ensured that all relevant supporting documents shall be submitted alongwith the PQ bid in the first instance itself. Pre-qualification may


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DOCUMENT NO. REV

SHEET 12 OF 12

be completed based on the details so furnished without seeking any subsequent additional information.



ANNEXURES

PC54/E-1/P-I 0

DOCUMENT NO. REV

SHEET 1 OF 1

FORM NO: 02-0000-0021F1 REV3 All rights reserved

PART I: COMMERCIAL

ANNEXURES BROWNFIELD AMMONIA-UREA PROJECT

GNFC, BHARUCH


BID FORM

PC54/E-1/P-I/Annx-1.1 0

DOCUMENT NO REV

SHEET 1 OF 1

SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S

EXISTING COMPLEX IN BHARUCH.

With reference to your invitation for NIT NO: PNMM/PC54/E/001 DATED------, we are pleased to submit our bid for the subject job in sealed envelopes as detailed below: ENVELOPE- I : EARNEST MONEY DEPOSIT (EMD) ENVELOPE - II : PRE QUALIFICATION BID, TECHNICAL AND UNPRICED COMMERCIAL BID ENVELOPE – III: PRICED BID We undertake that in the event of acceptance of our Bid within the validity period of 09 months, this bid as modified by mutually acceptable written changes/amendments till date of notification of award, together with your written notification of award shall constitute a binding contract between us until a formal contract is prepared and executed. We understand that you are not bound to accept the lowest or any bid that may be received. Dated this ......................... day of.................2013

For and on behalf of …..........……………………………

Stamp & Signature : ………………………………………

Name : ………………………………………

Designation : ………………………………………

Date : ……………………………………… FORM NO: 02-0000-0021F1 REV3 All rights reserved


SCHEDULE OF PRICES

PC54/E-1/P-I/Annx-1.2 P


All rights reserved

(TO BE SUBMITTED ON BIDDER'S LETTER HEAD)

SUBJECT : BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S EXISTING COMPLEX IN BHARUCH.

Attn.:-

Dear Sirs,

We have examined the NIT Ref. No. dated , the scope of work, terms and conditions of CONTRACT and technical specifications. We are prepared to undertake all the WORK of the "CONTRACTOR" as defined in the NIT for a total fixed and firm price of Foreign Currency (FC) & Indian Currency (INR) as per the break-up given below:

PREAMBLE TO SCHEDULE OF PRICES

1. The entire Package consisting of the totality of Supplies and Services/ Work(s) shall be covered in the Lumpsum Price. 2. Supply of spares and consumables for Commissioning, Mandatory spares are in CONTRACTOR’s scope of supplies and are to be included in the

quoted lumpsum price. Bidder shall also quote for Vendor recommended spare parts but the same shall not be considered for evaluation purpose. 3. The break-up of LSTK Price pertains to of major items without identifying individual tag nos. It will be the responsibility of the contractor to quote all

materials/ equipments required for completion of work as per the CONTRACT, irrespective of whether all items are identified above or not.

4. Clearance at Port, Airport, Demurrage / Warfage, if any, transportation to the site and loading / unloading will be in the CONTRACTOR’s Scope.

5. All taxes, duties, licence fees and other such levies as may be applied to the CONTRACT both in CONTRACTOR’s country and in India, including Custom Duty, Excise duty, Service Tax, VAT, Works Contract Tax Sales Tax on bought out items, octroi, corporate income tax in respect of the performance of the CONTRACT as well as income tax on the personnel deputed by the CONTRACTOR to India in connection with the CONTRACT, are in the account of the CONTRACTOR are to be indicated in the quoted lump sum price.

6. The CONTRACTOR shall be liable and pay all taxes, duties, levies, lawfully assessed against the OWNER or the CONTRACTOR in pursuance of the

CONTRACT. The CONTRACTOR shall be solely responsible for all taxes that may be levied on the CONTRACTOR's turnover & profit or on the earnings of any of his employees or personnel engaged by him and shall hold the OWNER indemnified and harmless against any claims that may be made against the OWNER in this behalf. The OWNER does not undertake any responsibility whatsoever regarding any taxes levied on CONTRACTOR


SCHEDULE OF PRICES



All rights reserved

and/or his personnel by Centre/State/Local Authorities. The Taxes shall be deducted where the said provisions shall be applicable and/or obligatory on the part of the OWNER.

7. All taxes and duties will be reimbursed at actual on submission of documentary evidence / Tax Paid Invoice limited to ceiling mentioned in LSTK Break

up of Prices and in cognizance with Break up of Taxes and duties. Bidder to indicate conversion rate considered for each quoted currency. Variation in Exchange rates will be to OWNER’s account. However, during the execution of Contract, if OWNER is required to pay any quoted Tax/Duty directly to the tax authorities, (including those payable under the reverse charge mechanism) the same shall be paid by OWNER and deducted from the ceiling of respective head of taxes & duties. In case of revision in indicated rates, the same limit will be suitably revised. However any increase in taxes or introduction of new taxes beyond the contract period (where delay is attributable to the Contractor) shall be to the account of the Contractor.

8. Payment of customs duties: Owner shall make reimbursement of customs duty within one month of submission of documentary evidence towards payment of customs duty along with all relevant supporting documents specified in NIT. However such payment will be restricted to only one payment per month subject to monthly cash flow submitted by Bidder.

9. The bidder shall have to provide, by way of a separate sheet, detailed working of taxes included in his quote for the supplies/services. Submission by the Bidder of detailed calculation of taxes (in terms of %, assessable value and amount of respective taxes, cess, duties etc. included in his bid) is mandatory as in the event of any change in the scope, may be mutually or otherwise of the contract, the incidence of differential taxes can be arrived at without any difficulty in a transparent and logical manner within the framework of law. In case of change in the taxes and duties it should be ensured that OWNER should not be put to loss financially.

10. Such calculations shall also set at rest the possibility of any dispute as to the quantum of differential taxes consequent upon the change in the act or

rules, since the incidences of taxes in %, assessable value and absolute value with all the working is available to assess the differential amount. If no details are provided or details provided are insufficient the reasonable estimate made by the Owner with regard to the differential amount will be final and binding on the Contractor.

11. For CONTRACTORS who have to bring equipment and material from outside Bharuch, will have to obtain necessary registrations and take appropriate

steps as required under Gujarat State Laws.

12 (a) If it is not feasible for the Bidder to enter the items or relative values in the relevant Proforma for Price Bid due to limitation of space, the Bidder may retype the Forms wherever required and fill up the rates either by hand or by typing the values and/or items as required. The Bidder further declares that in the event of any discrepancy in the wording between the Proforma for Price Bid enclosed with the Tender and with any subsequent addendum and the wording in the forms prepared by the Bidder, the wording given in the Proforma for Price Bid enclosed with the Tender or with any subsequent addendum as the case may be, shall prevail and the values submitted by the Bidder shall be taken cognizance of and read accordingly.


SCHEDULE OF PRICES



All rights reserved

(b) All the original Price Schedule Forms shall be enclosed duly signed and stamped by the Bidder along with the priced sheets prepared by the Bidder pursuant to (a) above.

13. The Bidder shall further ensure that all the originals written by hand or with signature affixed thereto shall be in Blue ink.

14 The payment break-up within the parameters indicated shall be submitted and finalised in the schedule of Activities in accordance with the payment

terms set out in the Special Conditions of Contract. Bidder must submit Monthly Payment and Progress schedule in a tabular form. As per format attached.

15. The unpriced commercial bid shall contain unpriced copy of price schedule, duly signed and stamped and strictly as per Annexure 1.2. 16. It is mandatory for the bidder to indicate “quoted/not applicable/nil” in the unpriced schedule. Bidder to indicate the percentage of taxes and duties

considered in the un-priced bid. If the bidder fails to quote for any item in the price bid, it will be implied that such item is either included elsewhere in the quoted prices or not applicable/nil as per owner’s decision depending upon the item. Bidder should not club items with differing payment terms.

17. The schedule of prices shall also indicate prices in figures as well as in words. In case of difference, the amount mentioned in words shall be considered. The prices should be strictly quoted as specified in Annexure-1.2 otherwise the bid may be rejected. Wherever unit rate and total rate is indicated, in case of any difference in total, the unit rate will govern.

It is understood that as a condition of this proposal, no agreement, oral or otherwise will exist until a written agreement has been signed by an authorised representative of OWNER and approved by the concerned Government Authorities and Financial Institution(s). Any expenses incurred by the bidder prior to execution of such agreement will be borne exclusively by the bidder without obligation of any kind on the part of OWNER, regardless of the circumstances under which such expenses were incurred.

It is the bidder's intention, if awarded the CONTRACT, to comply fully and in all respect with CONTRACT documents.

For and on behalf of : ………………………………

Stamp & Signature : ………………………………

Name : ………………………………

Designation : ………………………………

Date : ………………………………


SCHEDULE OF PRICES



All rights reserved


SUBJECT : BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S EXISTING COMPLEX IN BHARUCH. Attn.:-

Dear Sirs,


SUMMARY OF LUMPSUM PRICES

SL. NO. DESCRIPTION FOREIGN CURRENCY (F.C.) (SPECIFY) INDIAN RUPEES (INR)

IN FIGS. IN WORDS IN FIGS. IN WORDS SECTION-A 2500 MTPD AMMONIA PLANT

1. PRICE OF MATERIALS AS PER PART-I , SECTION-A

1A TOTAL TAXES AND DUTIES ON SUPPLIES AS PER PART-IA , SECTION-A

2. PRICE OF SERVICES AS PER PART-II , SECTION-A 2A TOTAL TAXES AND DUTIES ON SERVICES AS PER

PART-IIA , SECTION-A

3. TOTAL LUMP SUM PRICE, SECTION-A (1+1A+2+2A)

SECTION-B 3850 MTPD UREA PLANT

1. PRICE OF MATERIALS AS PER PART-I , , SECTION-B

1A TOTAL TAXES AND DUTIES ON SUPPLIES AS PER PART-IA , SECTION-B


SCHEDULE OF PRICES



All rights reserved

2. PRICE OF SERVICES AS PER PART-II , SECTION-B

2A TOTAL TAXES AND DUTIES ON SERVICES AS PER PART-IIA , SECTION-B

3. TOTAL LUMP SUM PRICE , SECTION-B (1+1A+2+2A)

SECTION-C ASSOCIATED FACILITIES

1. PRICE OF MATERIALS AS PER PART-I , SECTION-C

1A TOTAL TAXES AND DUTIES ON SUPPLIES AS PER PART-IA, SECTION-C

2. PRICE OF SERVICES AS PER PART-II , SECTION-C

2A TOTAL TAXES AND DUTIES ON SERVICES AS PER PART-IIA , SECTION-C

3. TOTAL LUMP SUM PRICE , SECTION-C (1+1A+2+2A)

GRAND TOTAL: LUMP SUM PRICE , SUPPLIES AND SERVICES: ( SECTION A+ SECTION B+ SECTION C)

Note:

1. Summary of Lumpsum Prices shall be derived from the sum of prices quoted in PART-I, IA (Supply) and PART-II, IIA (Services) of SECTION A, SECTION B & SECTION C respectively excluding relevant Prices of Bidder’s Recommended Spares of the respective sections .


SCHEDULE OF PRICES



All rights reserved

2. The sum of PART-I ,IA (Supply) and PART-II, IIA (Services), excluding relevant Prices of Bidder’s Recommended Spares, of SECTION A, SECTION B & SECTION C shall tally with the Summary of Lumpsum Prices indicated in above Table. In case, same doesn’t tally, Prices Quoted in Summary of Lumpsum Prices shall prevail.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved


SUBJECT : BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S EXISTING COMPLEX IN BHARUCH. Attn.:-

Dear Sirs,


SECTION-A 2500 MTPD AMMONIA PLANT

PART I –SUPPLY OF MATERIALS

Sl. No. DETAILS OF SUPPLIES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR)

IN FIGS IN WORDS IN FIGS IN WORDS

IMPORTED/INDIGENOUS MATERIALS 1.0 Price of all imported/indigenous materials required for incorporation to set up AMMONIA PLANT complete in all respects

including Commissioning Spares and Mandatory spares made up as follows with applicable taxes and duties indicated separately:

1.1 MECHANICAL ITEMS

1.1.1 Static

1.1.1.1 Reformer Package

1.1.1.2 Reactors

1.1.1.3 Heat Exchangers

1.1.1.4 Air Coolers


SCHEDULE OF PRICES



All rights reserved




IN FIGS IN WORDS IN FIGS IN WORDS 1.1.1.5 Vessels/Tanks

1.1.1.6 Towers/Columns

1.1.1.7 Heaters

1.1.1.8 Stack

1.1.1.9 Others

1.1.1.10 Total of 1.1 .1 (Item-1.1.1 .1 to 1.1.1.9)

1.1.2 Machinery

1.1.2.1 Compressors

1.1.2.2 Blowers/Fans

1.1.2.3 Pumps

1.1.2.4 Others

1.1.2.5 Total of 1.1.2 (Item-1.1.2.1 to 1.1.2.4)

1.1.3 Piping

1.1.4 Insulation & Painting Materials

1.2 ELECTRICAL

1.3 INSTRUMENTATION

1.3.1 DCS & PLC

1.3.2 Analyzers


SCHEDULE OF PRICES



All rights reserved




IN FIGS IN WORDS IN FIGS IN WORDS 1.3.3 Others

1.3.4 Total of 1.3 (Item-1.3.1 to 1.3.3)

1.4 OTHER MISCELLANEOUS EQUIPMENT

1.5 CIVIL CONSTRUCTION MATERIALS 1.5.1 Cement, Reinforcement Steel etc.

1.5.2 Structural Steel

1.5.3 Concrete Block

1.5.4 Total of 1.5 (Item-1.5.1+1.5.2+1.5.3)

1.6

FIRST CHARGE CATALYSTS, CHEMICALS, LUBRICANTS, RESINS AND ADSORBENTS

1.6.1 Catalysts

1.6.2 Chemicals

1.6.3 Lubricants

1.6.4 Adsorbents

1.6.5 Total of 1.6 (Item-1.6.1+1.6.2+1.6.3+1.6.4)

1.7 SPARES

1.7.1 Commissioning Spares

1.7.2 Mandatory Spares (As per Part-II,Section-9.0)


SCHEDULE OF PRICES



All rights reserved




IN FIGS IN WORDS IN FIGS IN WORDS 1.7.3 Total of 1.7 (Item-1.7.1+1.7.2)

1.8 ANY OTHER ITEM , AS IDENTIFIED BY BIDDERS, REQUIRED FOR THE COMPLETION OF WORK

2.0 TOTAL OF SUPPLIES (1.1 TO 1.8)

3.0 Bidder’s Recommended Spares (Not to be considered in Evaluation for arriving LSTK Price)

Note:

1) Price for Imported Item is on CIF Basis along with any other charges required for the purpose of calculation of Customs Duty.

2) Above break-up pertains to major items without identifying individual tag nos. It will be the responsibility of the contractor to quote the price of all materials/equipments required for completion of work as per the contract, irrespective of whether all items are identified above or not.

3) L.S Price of Catalyst & Adsorbent shall match with same cost & quantities as Quoted in PART-VI .

4) Bidder shall quote maximum 3 currencies including INR.



Name : ………………………………



SCHEDULE OF PRICES



All rights reserved

Date : ………………………………


SCHEDULE OF PRICES



All rights reserved


PART- IA : TAXES AND DUTIES CONSIDERED AND QUOTED, FOR PART–I, BY THE BIDDER. SL.NO. DETAILS OF PARTICULARS OF TAXES & DUTIES APPLICABLE

ON SUPPLIES PORTION % AGE

CONSIDERED ASSESSABLE AMOUNT ON WHICH TAX IS

CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED FC EQUIVALENT

OF FC IN INR (Refer Note-1)

IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR

1.0 TOTAL TAXES AND DUTIES ON SUPPLIES (EXCLUDING BIDDER’S RECOMMENDED SPARES)

1.1 Excise Duty + Edu. Cess+ Higher Education Cess N.A N.A

1.2 CST N.A N.A

1.3 VAT N.A N.A

1.4 Basic Custom Duty N.A

1.5 CVD N.A

1.6 Education Cess N.A

1.7 Higher Education Cess N.A

1.8 Customs Education Cess N.A

1.9 Customs Higher Education Cess N.A

1.10 Special Duty N.A

1.11 Others- Please Specify, if any

1.12 TOTAL TAXES AND DUTIES ON SUPPLIES (EXCLUDING BIDDER’S


SCHEDULE OF PRICES



All rights reserved





CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED

FC EQUIVALENT OF FC IN INR (Refer Note-1)

IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR

RECOMMENDED SPARES) (1.1 to 1.11)

2.0 TAXES & DUTIES APPLICABLE ON BIDDER’S RECOMMENDED SPARES

2.1 Excise Duty + Edu. Cess+ Higher Education Cess

2.2 CST

2.3 VAT

2.4 Basic Custom Duty

2.5 CVD

2.6 Education Cess

2.7 Higher Education Cess

2.8 Customs Education Cess

2.9 Customs Higher Education Cess

2.10 Special Duty



SCHEDULE OF PRICES



All rights reserved





CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED


IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR

2.12 TOTAL TAXES AND DUTIES ON BIDDER’S RECOMMENDED SPARES) (2.1 to 2.11)

NOTE: 1 BIDDER TO INDICATE THE CONVERSION RATE CONSIDERED FOR EACH QUOTED CURRENCY. VARIATION IN EXCHANGE RATES

WILL BE TO OWNER’S ACCOUNT. 2 IN CASE THE PERCENTAGE OF ANY TAXES & DUTIES APPLICABLE IS DIFFERENT FOR VARIOUS ITEMS, BIDDER SHALL SPECIFY

THE APPLICABLE PERCENTAGE ON SUCH ITEM ALONG WITH RELEVANT BREAK-UP IN THE ABOVE TABLE.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 1.0 GRANT OF PROCESS LICENCE(S) AND TRANSFER OF TECHNICAL INFORMATION

1.1 Ammonia Plant

1.2 CO2 removal system

1.3 Others,

1.4 Total of 1.0 (Item-1.1+ 1.2+1.3)

2.0 BASIC ENGINEERING

3.0 DETAILED ENGINEERING, SUPERVISION OF DETAILED ENGINEERING, IF ANY

3.1 Home office services

3.2 Others

3.3 Total of 3.0 (Item-3.1+3.2)

4.0 INSTALLATION AND COMMISSIONING SERVICES ETC.

Providing services for Pre-Fabrication, Fabrication, Erection, Construction, Installation, Testing, Pre-Commissioning, Mechanical Completion, Commissioning and conducting Performance Guarantee Test Run (PGTR) required for completing and establishing the plant as a fully functional and operative Unit, including (but not limited to) providing all labors and manpower, resources, transportation, store management, construction equipment, tools, tackles and aids, safety devices, testing devices, facilities, utilities, communication systems, material and other reconciliations, handing over of final drawings / documents / manuals, obtaining and satisfying all statutory licenses, clearances, consents, no objections, approvals and certificates and complying with all statutory formalities etc. And all other services whatsoever required for completing the works in all respects in accordance with the contract documents of the plant as per bidding


SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS

documents and Direction of Engineer-in-charge/ Owner’s representative/ Owner

4.1 Civil Works

4.1.1 Buildings

4.1.2 Equipment Foundation

4.1.3 Structural Works

4.1.4 Total of 4.1 (Item-4.1.1+4.1.2+4.1.3)

4.2 Erection 4.2.1 Mechanical 4.2.2 Electrical

4.2.3 Instrumentation

4.2.4 Insulation and Painting 4.2.5 Misc. Equipment

4.2.6 Items identified by the bidder, Please specify if any

4.2.7 Total of 4.2 (Item-4.2.1 to 4.2.6) 4.3 Insurance (All - Risks Insurance)

4.3.1 Inland Transit Insurance From Port/ Works To Site.

4.3.2 Storage Cum Erection (Comprehensive Site) Insurance

4.3.3 Total of 4.3.0 (Item-4.3.1+4.3.2)

4.4 Project Management & Overheads


SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 4.5 Pre-Commissioning & Commissioning, Guarantee Test and

Handing Over the Plant to Owner

4.6 Procurement & Other Charges

4.7 Inland Transportation within India for Imported and Indigenous items (including clearing, forwarding, loading, packing and handling for trans-shipment)

4.8 Bidder to identify and specify any other item if not covered above but required for the completion of work

5.0 TOTAL OF SERVICES (1.0 TO 4.0)

Note: 1) Above break-up pertains to major services. It will be the responsibility of the contractor to quote the price of all services required for completion of work as

per the contract, irrespective of whether all services are identified above or not. 2) Any services required for Bidder’s Recommended Spares like insurance,inland transportation etc. shall not be included in this Part. If the Bidder’s

Recommended Spares are included in the CONTRACT at the time of finalisation of CONTRACT, the relevant services for same shall be provided free of cost by the LSTK CONTRACTOR.

For and on behalf of: ………………………………


Name : ………………………………



SCHEDULE OF PRICES



All rights reserved

Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-A

2500 MTPD AMMONIA PLANT PART-IIA: THE BREAK UP OF ALL THE TAXES AND DUTIES CONSIDERED AND QUOTED, FOR PART-II, BY THE BIDDER.

DETAILS OF THE ITEM ALONGWITH PARTICULARS OF TAXES & DUTIES APPLICABLE ON EACH ITEM

% AGE CONSIDERED

ASSESSABLE AMOUNT ON WHICH TAX IS CONSIDERED

TOTAL AMOUNT OF

TAX CONSIDERED


IC IC

BIDDER TO INDICATE

INR INR INR

1.0 Withholding Tax

2.0 R&D Cess

3.0 Service Tax + Education Cess+ Higher Education Cess

4.0 Others- Please Specify

5.0 TOTAL TAXES AND DUTIES ON SERVICES (1.0+2.0+3.0+4.0)

NOTE: 1 BIDDER TO INDICATE THE CONVERSION RATE CONSIDERED FOR EACH QUOTED CURRENCY. VARIATION IN EXCHANGE RATES WILL

BE TO OWNER’S ACCOUNT.

2 IN CASE THE PERCENTAGE OF ANY TAXES & DUTIES APPLICABLE IS DIFFERENT FOR VARIOUS ITEMS, BIDDER SHALL SPECIFY THE APPLICABLE PERCENTAGE ON SUCH ITEM ALONG WITH RELEVANT BREAK-UP IN THE ABOVE TABLE.



Name : ………………………………


SCHEDULE OF PRICES



All rights reserved


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-A

2500 MTPD AMMONIA PLANT

PART-III: GUARANTEED WORKS COST AMMONIA - UREA PLANT AND ASSOCIATED OFFSITE & UTILITIES FACILITIES

Sl.No

Item Total Consumption per day

Unit Price (in US $)

Total Cost for each Item (in US $)

1. Natural Gas /RLNG, Gcal 55.56

2. Service Water, M3 0.4

3. Power,KWH 0.14

4. Guaranteed Works Cost

Natural gas price to be taken as US$ 55.56 per Gcal as per Net calorific Value corresponding to a value of US$ 14.0 per MMBTU.

Note:

1. The guaranteed works cost shall include cost of materials and utilities required, building cooling/heating, lighting, ventilations, air conditioning

and consequent costs of such materials which are not in the usual operation of the plant.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-A

2500 MTPD AMMONIA PLANT PART-IV: SUPPLY OF OPTIONAL SERVICES FOR AMMONIA/UREA PLANTS

Sl.No. DESCRIPTION OF ITEM FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR)


1.0 COST FOR POST-COMMISSIONING SERVICES (refer Note-2 below)

1.1 Cost for two Process Engineers

1.2 Cost for two Mechanical Engineers

1.3 Taxes and duties on “2.0”

1.4 Total of 1.0 (Item-1.1+1.2+1.3)

Note_1: Validity of quoted rates against this services shall be till execution of the entire contract

Note 2: One Engineer for Ammonia Plant and one Engineer for Urea Plant. Validity of quoted rates against these services shall be till one year after handing over the Plant.

Note 3: Prices quoted for Supply of Optional Services as per Annexure-1.2, Part-A,Section-IV shall not be considered for Bid Evaluation purpose.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-A

2500 MTPD AMMONIA PLANT PART-V: SCHEDULE OF DAILY / HOURLY RATES

SL.

DESCRIPTION OF CATEGORIES

RATES PER DAY CONSTITUTING OF 8 WORKING HOURS

NOMINAL WORKING HOURS OVERTIME AND HOLIDAY’S

FOREIGN CURRENCY

(specify)

INDIAN CURRENCY FOREIGN CURRENCY

(specify)

INDIAN CURRENCY

1 Project manager

2 Senior process engineer

3 Process engineer

4 Instrument specialist

5 Draftsman

Notes:

1. Bidder shall quote rates for various categories of employees, which should be inclusive of pay roll cost, and allowances, taxes, fringe benefits etc. for categories he proposes to employ for this Project.

2. Payment for part of the day shall be made on pro- rata basis.

3. Rates shall be used for any additional/ extra work only, if requested by Owner, and shall be applicable for Ammonia/Urea/ Associated Offsite & Utilities Facilities.

4. All rates are fixed for the duration of the CONTRACT.


SCHEDULE OF PRICES



All rights reserved

5. Rates to be proposed shall be used for home office work as well as for Site personnel for Technical Services and Assistance.

6. Prices quoted for Schedule of Daily/Hourly rates for change of Work Order as per Annexure-1.2, Part-A, Part -V shall not be considered for Bid Evaluation purpose.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved


PART-VI: BREAK-UP OF ALL CATALYSTS AND ADSORBENTS FOR AMMONIA PLANT

SL. No. DESCRIPTION

BRAND NAME

GUARANTEED LIFE

UNIT QTY

UNIT PRICE TOTAL PRICE

FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) FOREIGN CURRENCY (FC)

(specify) INDIAN CURRENCY (INR)

IN FIGS. IN WORDS IN FIGS. IN WORDS IN FIGS. IN WORDS IN FIGS. IN WORDS

B IDDER TO IDENTIFY AS PER PROPOSED TECHNOLOGY

TOTAL


SCHEDULE OF PRICES



All rights reserved

Note: 1) The Unit rate of above items to be derived based on the Lump sum price indicated at Sl. No. 1.6, in PART-I, against these items.

2) Where Bidder has taken deviation w.r.t. life of the Catalyst, it will be loaded based on the landed cost of catalyst.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-B

3850 MTPD UREA PLANT PART I –SUPPLY OF MATERIALS



IMPORTED/INDIGENOUS MATERIALS 1.0 Price of all imported/indigenous materials required for incorporation to set up UREA PLANT complete in all respects including

Commissioning Spares and Mandatory Spares made up as follows with applicable taxes and duties indicated separately: 1.1 MECHANICAL ITEMS

1.1.1 Static

1.1.1.1 Reactors

1.1.1.2 Heat Exchangers

1.1.1.3 Air Coolers

1.1.1.4 Vessels/Tanks

1.1.1.5 Towers/Columns

1.1.1.6 Heaters

1.1.1.7 Others

1.1.1.8 Total of 1.1 .1 (Item-1.1.1 .1 to 1.1.1.7)

1.1.2 Machinery

1.1.2.1 Compressors

1.1.2.2 Blowers/Fans

1.1.2.3 Pumps

1.1.2.4 Others


SCHEDULE OF PRICES



All rights reserved




IN FIGS IN WORDS IN FIGS IN WORDS 1.1.2.5 Total of 1.1.2 (Item-1.1.2.1 to 1.1.2.4)

1.1.3 Piping

1.1.4 Insulation & Painting Materials

1.2 ELECTRICAL

1.3 INSTRUMENTATION INCLUDING DCS

1.3.1 DCS & PLC

1.3.2 Analyzers

1.3.3 Others

1.3.4 Total of 1.3 (Item-1.3.1 to 1.3.3)

1.4 OTHER MISCELLANEOUS EQUIPMENT

1.5 CIVIL CONSTRUCTION MATERIALS 1.5.1 Cement, Reinforcement Steel etc.

1.5.2 Structural Steel

1.5.3 Concrete Block

1.5.4 Total of 1.5 (Item-1.5.1+1.5.2+1.5.3)

1.6 CHEMICALS, LUBRICANTS AND ADSORBENTS 1.6.1 Chemicals

1.6.2 Lubricants


SCHEDULE OF PRICES



All rights reserved




IN FIGS IN WORDS IN FIGS IN WORDS 1.6.3 Adsorbents

1.6.4 Total of 1.6 (Item-1.6.1+1.6.2+1.6.3)

1.7 SPARES

1.7.1 Commissioning Spares

1.7.2 Mandatory Spares (As per Part-II,Section-9.0)

1.7.3 Total of 1.7 (Item-1.7.1+1.7.2)

1.8 ANY OTHER ITEM , AS IDENTIFIED BY BIDDERS, REQUIRED FOR THE COMPLETION OF WORK

2.0 TOTAL OF SUPPLIES (1.1 TO 1.8) 3.0 Bidder’s Recommended Spares

(Not to be considered in Evaluation for arriving LSTK Price)

Note: 1) Price for Imported Item is on CIF Basis along with any other charges required for the purpose of calculation of Customs Duty.

2) Above break-up pertains to major items without identifying individual tag nos. It will be the responsibility of the contractor to quote the price of all materials/equipments required for completion of work as per the contract, irrespective of whether all items are identified above or not.



Name : ………………………………


SCHEDULE OF PRICES



All rights reserved


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-B

3850 MTPD UREA PLANT PART- IA : TAXES AND DUTIES CONSIDERED AND QUOTED, FOR PART–I, BY THE BIDDER.

SL.NO. DETAILS OF PARTICULARS OF TAXES & DUTIES APPLICABLE ON SUPPLIES PORTION

% AGE CONSIDERED


TOTAL AMOUNT OF

TAX CONSIDERED


IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR

1.0 TOTAL TAXES AND DUTIES ON SUPPLIES (EXCLUDING Bidder’s Recommended Spares)


1.2 CST N.A N.A

1.3 VAT N.A N.A


1.5 CVD N.A







1.12 TOTAL TAXES AND DUTIES ON SUPPLIES (excluding Bidder’s Recommended Spares) (1.1 to 1.11)


SCHEDULE OF PRICES



All rights reserved





CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED


IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR



2.2 CST

2.3 VAT


2.5 CVD

2.6 Education Cess




2.10 Special Duty



SCHEDULE OF PRICES



All rights reserved





CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED


IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR

2.12 TOTAL TAXES AND DUTIES ON Bidder’s Recommended Spares (2.1 to 2.11)

NOTE: 1 BIDDER TO INDICATE THE CONVERSION RATE CONSIDERED FOR EACH QUOTED CURRENCY. VARIATION IN EXCHANGE RATES WILL BE TO OWNER’S ACCOUNT.

2 IN CASE THE PERCENTAGE OF ANY TAXES & DUTIES APPLICABLE IS DIFFERENT FOR VARIOUS ITEMS, BIDDER SHALL SPECIFY




Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-B

3850 MTPD UREA PLANT PART II–SUPPLY OF SERVICES

SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 1.0 GRANT OF PROCESS LICENCE(S) AND TRANSFER OF

TECHNICAL INFORMATION- UREA PLANT

2.0 BASIC ENGINEERING

3.0 DETAILED ENGINEERING, SUPERVISION OF DETAILED ENGINEERING, IF ANY

3.1 Home office services

3.2 Others

3.3 Total of 3.0 (Item-3.1+3.2)


Providing services for Pre-Fabrication, Fabrication, Erection, Construction, Installation, Testing, Pre-Commissioning, Mechanical Completion, Commissioning and conducting Performance Guarantee Test Run (PGTR) required for completing and establishing the plant as a fully functional and operative Unit, including (but not limited to) providing all labors and manpower, resources, transportation, store management, construction equipment, tools, tackles and aids, safety devices, testing devices, facilities, utilities, communication systems, material and other reconciliations, handing over of final drawings / documents / manuals, obtaining and satisfying all statutory licenses, clearances, consents, no objections, approvals and certificates and complying with all statutory formalities etc. And all other services whatsoever required for completing the works in all respects in accordance with the contract documents of the plant as per bidding documents and Direction of Engineer-in-charge/ Owner’s representative/ Owner

4.1.0 Civil Works

4.1.1 Buildings

4.1.2 Equipment Foundation


SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 4.1.3 Structural Works

4.1.4 Total of 4.1.0 (Item-4.1.1+4.1.2+4.1.3)

4.2.0 Erection 4.2.1 Mechanical 4.2.2 Electrical 4.2.3 Instrumentation

4.2.4 Insulation and Painting 4.2.5 Misc. Equipment

4.2.6 Items identified by the bidder, Please specify if any

4.2.7 Total of 4.2.0 (Item-4.2.1 to 4.2.6) 4.3.0 Insurance (All - Risks Insurance)



4.3.3 Total of 4.3.0 (Item-4.3.1+4.3.2)

4.4 Project Management & Overheads

4.5 Pre-Commissioning & Commissioning, Guarantee Test and Handing Over the Plant to Owner




SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 4.8 Bidder to identify and specify any other item if not covered

above but required for the completion of work

5.0 TOTAL OF SERVICES (1.0 TO 4.0 )


per the contract, irrespective of whether all services are identified above or not.

2) Any services required for Bidder’s Recommended Spares like insurance, inland transportation etc. shall not be included in this Part. If the Bidder’s Recommended Spares are included in the CONTRACT at the time of finalisation of CONTRACT, the relevant services for same shall be provided free of cost by the LSTK CONTRACTOR.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-B

3850 MTPD UREA PLANT PART-IIA: THE BREAK UP OF ALL THE TAXES AND DUTIES CONSIDERED AND QUOTED, FOR PART-II, BY THE BIDDER.


% AGE CONSIDERED


TOTAL AMOUNT OF

TAX CONSIDERED


IC IC

BIDDER TO INDICATE

INR INR INR

1.0 Withholding Tax

2.0 R&D Cess






THE APPLICABLE PERCENTAGE ON SUCH ITEM ALONG WITH RELEVANT BREAK-UP IN THE ABOVE TABLE. For and on behalf of : ………………………………


Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-C ASSOCIATED OFFSITE & UTILITIES FACILITIES




IMPORTED/INDIGENOUS MATERIALS 1.0 Price of all imported/indigenous materials required for incorporation to set up Associated Offsite & Utilities Facilities complete

in all respects including Commissioning Spares, Mandatory spares, made up as follows with applicable taxes and duties indicated separately:

1.1 Cooling Towers (Ammonia, Urea and offsite including pumping, side stream filters, Chlorine and Chemical dosing.)

1.2 10,000 MT Ammonia Storage tank.

1.3 DM and condensate polishing unit.

1.4 Instrument Air System.

1.5 Inert Gas system.

1.6 Emergency DG set

1.7 Flare system.

1.8 Fire fighting system

1.9 Effluent treatment system.

1.10 Plants control room and Electrical substation

1.11 Work shop & Lab. Buildings

1.12 OTHERS (Bidders to identify and specify)

2.0 TOTAL OF SUPPLIES(1.1 TO 1.12)

3.0 Bidder’s Recommended Spares (Not to be considered in Evaluation for arriving LSTK Price)


SCHEDULE OF PRICES



All rights reserved

Note: 1) Price for Imported Item is on CIF Basis alongwith any other charges required for the purpose of calculation of Customs Duty. 2) Above break-up pertains to major items without identifying individual tag nos. It will be the responsibility of the contractor to quote the price of all materials/

equipments required for completion of work as per the contract, irrespective of whether all items are identified above or not.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-C

ASSOCIATED OFFSITE & UTILITIES FACILITIES PART- IA : TAXES AND DUTIES CONSIDERED AND QUOTED, FOR PART–I, BY THE BIDDER.

SL.NO. DETAILS OF PARTICULARS OF TAXES & DUTIES APPLICABLE ON SUPPLIES PORTION

% AGE CONSIDERED


TOTAL AMOUNT OF

TAX CONSIDERED


IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR

1.0 TOTAL TAXES AND DUTIES ON SUPPLIES (EXCLUDING BIDDER’S RECOMMENDED SPARES)


1.2 CST N.A N.A

1.3 VAT N.A N.A


1.5 CVD N.A







1.12 TOTAL TAXES AND DUTIES ON SUPPLIES (EXCLUDING BIDDER’S RECOMMENDED SPARES) (1.1 TO 1.11)


SCHEDULE OF PRICES



All rights reserved





CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED


IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR



2.2 CST

2.3 VAT


2.5 CVD

2.6 Education Cess




2.10 Special Duty



SCHEDULE OF PRICES



All rights reserved





CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED


IC IC

BIDDER TO INDICATE

CURRENCY

INR INR INR

2.12 TOTAL TAXES AND DUTIES ON BIDDER’S RECOMMENDED SPARES) (2.1 to 2.11)






Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 1.0 INSTALLATION AND COMMISSIONING SERVICES ETC.

Providing services for Pre-Fabrication, Fabrication, Erection, Construction, Installation, Testing, Pre-Commissioning, Mechanical Completion, Commissioning and conducting Performance Guarantee Test Run (PGTR) required for completing and establishing the Associated Offsite & Utilities Facilities as a fully functional and operative Unit, including (but not limited to) providing all labors and manpower, resources, transportation, store management, construction equipment, tools, tackles and aids, safety devices, testing devices, facilities, utilities, communication systems, material and other reconciliations, handing over of final drawings / documents / manuals, obtaining and satisfying all statutory licenses, clearances, consents, no objections, approvals and certificates and complying with all statutory formalities etc. And all other services whatsoever required for completing the works in all respects in accordance with the contract documents of the plant as per bidding documents and Direction of Engineer-in-charge/ Owner’s representative/ Owner

1.1.0 Civil Works

1.2.0 Erection

1.3.0 Insurance (All - Risks Insurance)



1.4. Project Management & Overheads

1.5 Pre-Commissioning & Commissioning,Guarantee Test and Handing Over the Plant To Owner



SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 1.7 Inland Transportation within India for Imported and Indigenous

items (including clearing, forwarding, loading, packing and handling for trans-shipment)


2.0 TOTAL OF SERVICES (1.1 TO 1.8)


per the contract, irrespective of whether all services are identified above or not. 2) Any services required for Bidder’s Recommended Spares like insurance, inland transportation etc. shall not be included in this Part. If the Bidder’s

Recommended Spares are included in the CONTRACT at the time of finalisation of CONTRACT, the relevant services for same shall be provided free of cost by the LSTK CONTRACTOR.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-C

ASSOCIATED OFFSITE & UTILITIES FACILITIES PART-IIA: THE BREAK UP OF ALL THE TAXES AND DUTIES CONSIDERED AND QUOTED, IN PART-II, BY THE BIDDER.


% AGE CONSIDERED


TOTAL AMOUNT OF

TAX CONSIDERED


IC IC

BIDDER TO INDICATE

INR INR INR

1.0 Withholding Tax

2.0 R&D Cess




NOTE: 1 BIDDER TO INDICATE THE CONVERSION RATE CONSIDERED FOR EACH QUOTED CURRENCY VARIATION IN EXCHANGE RATES WILL BE TO OWNER’S ACCOUNT.




Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-D

OPTIONAL ITEMS PART I –SUPPLY OF MATERIALS



IMPORTED/INDIGENOUS MATERIALS 1.0 Price of all imported/indigenous materials required for incorporation to set up Optional Items complete in all respects including

Commissioning Spares, Mandatory spares, made up as follows with applicable taxes and duties indicated separately: 1.1 Urea Conveying, Bagging and loading Plant.

1.2 15000 MT Urea Silo.

1.3 Ammonia Storage Tank of 10,000 MT Storage

1.4 Approach to zero pollution with total recycle of liquid effluent from PLANT and CO2 recovery from flue gas.

2.0 TOTAL OF SUPPLIES(1.1 TO 1.4)

Note: 1) Price for Imported Item is on CIF Basis alongwith any other charges required for the purpose of calculation of Customs Duty. 2) Above break-up pertains to major items without identifying individual tag nos. It will be the responsibility of the contractor to quote the price of all materials/

equipments required for completion of work as per the contract, irrespective of whether all items are identified above or not.



Name : ………………………………



SCHEDULE OF PRICES



All rights reserved

SECTION-D OPTIONAL ITEMS




CONSIDERED TOTAL

AMOUNT OF TAX

CONSIDERED


IC IC

CURRENCY BIDDER TO INDICATE

INR INR INR

1.0 Excise Duty + Education Cess+ Higher Education Cess N.A N.A

2.0 CST N.A N.A

3.0 VAT N.A N.A


5.0 CVD N.A



8.0 Customs Education. Cess N.A




12.0 TOTAL TAXES AND DUTIES ON SUPPLIES (1.0 to 11.0 )


SCHEDULE OF PRICES



All rights reserved

NOTE: 1 BIDDER TO INDICATE THE CONVERSION RATE CONSIDERED FOR EACH QUOTED CURRENCY. VARIATION IN EXCHANGE RATES

WILL BE TO OWNER’S ACCOUNT. 2 IN CASE THE PERCENTAGE OF ANY TAXES & DUTIES APPLICABLE IS DIFFERENT FOR VARIOUS ITEMS, BIDDER SHALL SPECIFY




Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 1.0 DETAILED ENGINEERING, SUPERVISION OF DETAILED ENGINEERING, IF ANY FOR:

Interconnecting piping of Utilities (Service Water, NG, DM Water, Plant Air, Waste Water, Ammonia warm, Nitrogen (LP), Drinking Water,Steam (HP) etc.)

1.1 Home office services 1.2 Others


Providing services for Pre-Fabrication, Fabrication, Erection, Construction, Installation, Testing, Pre-Commissioning, Mechanical Completion, Commissioning and conducting Performance Guarantee Test Run (PGTR) required for completing and establishing the Optional Items as a fully functional and operative Unit, including (but not limited to) providing all labors and manpower, resources, transportation, store management, construction equipment, tools, tackles and aids, safety devices, testing devices, facilities, utilities, communication systems, material and other reconciliations, handing over of final drawings / documents / manuals, obtaining and satisfying all statutory licenses, clearances, consents, no objections, approvals and certificates and complying with all statutory formalities etc. And all other services whatsoever required for completing the works in all respects in accordance with the contract documents of the plant as per bidding documents and Direction of Engineer-in-charge/ Owner’s representative/ Owner

2.1.0 Civil Works

2.2.0 Erection

2.3.0 Insurance (All - Risks Insurance)



2.4. Project Management & Overheads


SCHEDULE OF PRICES



All rights reserved


PART II–SUPPLY OF SERVICES SL.NO. DETAILS OF SERVICES UNIT FOREIGN CURRENCY (FC) (specify) INDIAN CURRENCY (INR) IN FIGS IN WORDS IN FIGS IN WORDS 2.5 Pre-Commissioning & Commissioning,Guarantee Test and

Handing Over the Ammonia/Urea Plant, as applicable, to Owner




3.0 TOTAL OF SERVICES (1.0 & 2.0 )


per the contract, irrespective of whether all services are identified above or not.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-D

OPTIONAL ITEMS PART-IIA: THE BREAK UP OF ALL THE TAXES AND DUTIES CONSIDERED AND QUOTED, IN PART-II, BY THE BIDDER.


% AGE CONSIDERED


TOTAL AMOUNT OF

TAX CONSIDERED


IC IC

BIDDER TO INDICATE

INR INR INR

1.0 Withholding Tax

2.0 R&D Cess




NOTE: 1 BIDDER TO INDICATE THE CONVERSION RATE CONSIDERED FOR EACH QUOTED CURRENCY VARIATION IN EXCHANGE RATES WILL BE TO OWNER’S ACCOUNT.




Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-E

MONTHLY PAYMENT SCHEDULE

SL. N. PROPOSED PROJECT SCHEDULE

FOREIGN CURRENCY

(-----)

FOREIGN CURR ENCY

(-----)

INDIAN CURRENCY

(INR) REMARKS

% % % AMMONIA PLANT, UREA PLANT & ASSOCIATED OFFSITE & UTILITIES FACILITIES

1. MONTH-1

2. MONTH-2

3. MONTH-3

4. MONTH-4

5. MONTH-5

6. MONTH-6

7. MONTH-7

8. MONTH-8

9. MONTH-9

10. MONTH-10

11. MONTH-11

12. MONTH-12

13. MONTH-13

14. MONTH-14


SCHEDULE OF PRICES



All rights reserved

15. MONTH-15

16. MONTH-16

17. MONTH-17

18. MONTH-18

19. MONTH-19

20. MONTH-20

21. MONTH-21

22. MONTH-22

23. MONTH-23

24. MONTH-24

25. MONTH-25

26. MONTH-26

27. MONTH-27

28. MONTH-28

29. MONTH-29

30. MONTH-30

31. MONTH-31

32. MONTH-32

33. MONTH-33


SCHEDULE OF PRICES



All rights reserved

34. MONTH-34

35. MONTH-35

36. MONTH-36

37. MONTH-37

38. MONTH-38

TOTAL 100% 100% 100%

Note:

1. The above payment schedule shall be prepared assuming that payment will be effected by Owner one month after the relevant invoice issue except the Final Payment which shall be effected in within 90 days from the due date. For avoidance of doubt, it is made clear that for the purpose of submitting monthly cash flow, the anticipated payment in each month shall be shown.

2. The above payment curve is relevant to the LSTK Price set forth in Summary of Lump sum Prices - Annexure 1.2 which shall include taxes and duties including such taxes which are payable by OWNER on reverse charge mechanism.

3 The above payment percentages are to be given currency wise and payee wise. In case the required information is not given payee wise, the actual payment shall be made on first come first served basis subject to overall monthly cap.

4 Owner is intending to pay 10% mobilization advance in two installments of (first installment of upto 6% and balance in the second installment). The second installment would be paid only after 3 months subject to satisfactory utilization of the 1st advance. These advance payments may be reckoned in the above cash flows. The said advance payments would be recoverable @ 10% right from the first bill (payment) itself. This may also be considered.

5 Owner is also intending to pay 10% milestone on placement (i.e. this payment is not in the nature of mobilization advance) of PO as per NIT. These payments may also be considered in the above cash flow.

6 The above advances are payable only against BG as per NIT.


SCHEDULE OF PRICES



All rights reserved

7 The “S- curve” shall represent the break up of the LSTK price & should include all the taxes & duties including the taxes, duties & CESS payable on reverse charge basis. An element of VAT on local purchases need not be indicated separately by the BIDDER in the “S- curve” (although the same is forming part of the LSTK Price), since the credit for same shall be considered by OWNER in the cash flow of 37th month. The value of VAT shall be taken directly from the priced bid format for the purpose of giving credit while evaluating the bids.



Name : ………………………………


Date : ………………………………


SCHEDULE OF PRICES



All rights reserved

SECTION-F DATA REQUIRED FOR CALCULATION OF PRICE VARIATION FOR ALUMINIUM CABLES, COPPER CABLES AND NICKEL

SL. No.

ITEM DESCRIPTION SECTION-A

PART-I

SECTION-B

PART-I

SECTION-C

PART-I

SECTION-D

PART-I

1.0 Aluminium Cables

i Required quantity of cable for each type of cable, i.e. numbers of core and type of cable, power/control

ii Rate of EC grade Aluminium rods (properzi rods) exclusive of taxes and duties as considered in Bid preparation.

2.0 Copper Cables i Required quantity of

cable for each type of cable, i.e. numbers of core and type of cable, power/control along with Bid.


SCHEDULE OF PRICES



All rights reserved

ii Price of CC Copper rods exclusive of taxes and duties as considered in Bid preparation.

3.0 Nickel i Nickel weight used in

reformer tubes and its accessories where Nickel content is more than 25%(w/w) as calculated by CONTRACTOR in Metric Tons (MT) and submitted along with Bid.

ii LME Nickel Rate (3 months seller rate) per MT as considered in Bid preparation.


COMMERCIAL QUESTIONNAIRE

PC54/E-1/P-I/Annx-1.3 0

DOCUMENT NO REV

SHEET 1 of 5

FORM NO: 02-0000-0021 F2 REV2 All rights reserved

SUBJECT : BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S


Note:

1) The Bidder shall submit reply to each query. 2) The Bidder’s reply/ confirmation as furnished in the Commercial Questionnaire (CQ) shall

supersede the stipulation mentioned else where in the bid.

Sl. No. OWNER’S/PDIL’S QUERY BIDDER’s REPLY /

CONFIRMATION

1.

Please confirm that Master Index, Part-I (Commercial), Part-II (Technical) and Amendment, if any, duly signed and stamped on each page has been submitted, as token of having acknowledged the entire bidding document, along with the bid.

2. Please confirm that all pages of the Bid have been numbered in sequential manner.

3. Please confirm that you have studied complete Bidding Document including PQ Criteria (Clause 8.0 of Instructions to Bidders), Technical and Commercial Part and your Bid is in accordance with the requirements of the Bidding Document.

4. Please confirm that Pre Qualification Bid, Techno-Commercial Bid and Price Bid has been submitted in desired number of copies as specified in Instructions to Bidders.

5. Please confirm Bid Submission as per tender i.e. in Single Stage Two Bid System.

6. Please confirm that the Price Part does not include any terms and condition and Unpriced Price Schedule, duly signed and stamped, and indicating “Quoted/Not Applicable/ Nil” against each head submitted in Envelope-II. In case any terms and condition is mentioned in the price part, the same shall be treated as null and void

7. Please confirm your compliance to total scope of work mentioned in the Bidding Document. CONTRACTOR’s scope shall include supply of all materials and services required for completion of Work irrespective of whether such materials and services are mentioned in the Bidding Document or not.



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SHEET 2 of 5



CONFIRMATION

8. Please confirm your acceptance for Time Schedule as mentioned Instructions to Bidders

9. Please confirm your acceptance for Payment Terms as per BIDDING Documents.

10. Please confirm that your bid is valid for 9 months from the due date for submission of bid.

11. Please confirm EMD Validity as Bid Validity plus 06 Months.

12. Please confirm Damages for delay in completion as per clause 5.9 of PART-I: Commercial, Section-2.0

13. Please confirm Damages for increase in works cost as per clause 5.9 of PART-I: Commercial, Section-2.0.

14. Please confirm Damages for not meeting performance guarantees as per clause 5.9 of PART-I: Commercial, Section-2.0

15. Please confirm Overall ceiling on total liability as per clause 5.13 of PART-I: Commercial, Section-2.0.

16. Please confirm Guarantee/Warranties as per PART-I: Commercial, Section-2.0, Article-5.

17. Please confirm that your quoted price includes following :-

i) All type of taxes / levies as per provisions of Bidding Document.

ii) Insurance as per provision of Bidding Document.

18. Please confirm that your Bid is substantially responsive to the requirements of the Bidding Document and you have not stipulated any material deviation and submitted all details as specified in the Bidding Document.

19. Please confirm that while proposing the list of construction equipment’s, you have considered the following equipment’s:

- Cranes of adequate capacity.

- Induction Pipe Bending Machine.

- DG Sets.

- Compressors.

- Spray Painting Machines including surface



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DOCUMENT NO REV

SHEET 3 of 5



CONFIRMATION preparation.

- Test pumps.

- Adequate nos. of Welding Machines.

- All relevant civil construction equipment.

- All Electrical equipment.

- All Instrumentation equipment.

20. Please confirm that you have proposed adequate project / site organisation with qualified supervisory personnel having sufficient experience.

21. Please confirm that all costs resulting from safe execution of Work, such as safety induction, use of protective clothing, safety glasses and helmet, safety precaution taken during monsoon, or any other safety measures to be undertaken by the CONTRACTOR for execution of Work are included in the Lump sum Price.

22. Please confirm that all safety rules & regulations as mentioned in Bidding Document or notified at later date by OWNER during execution shall be adhered by CONTRACTOR within Lump sum Price.

23. Please confirm that the following safety precautions shall be followed by CONTRACTOR as mandatory :

- Use of safety goggles while grinding. - Use of helmet / safety shoes. - Crane movement area to be barricaded. - Cylinders of flammable gases to be stacked

upright - Earthling of equipment to be made proper. - Toe boards to be provided in the Scaffolding

platforms. - Excavations to be properly shored / slopped. - Safety net for construction - Fall Arresters

- Safety Belts & Full Body Safety

24. Please confirm the following :-

“The planning schedule, S-curves, manpower estimates, construction equipment deployment schedule etc. submitted by the bidder with his bid are indicative and



PC54/E-1/P-I/Annx-1.3 0

DOCUMENT NO REV

SHEET 4 of 5



CONFIRMATION shall not be basis for extra compensation in case actual needs are higher.

Detailed planning schedule developed by CONTRACTOR after Contract award may be subject to fluctuations depending upon actual progress of the project and available Work front.

Co-ordination and making available by CONTRACTOR of all staff, manpower, construction equipment, tools, cranes, etc. and materials as required for a timely completion of all Work as per OWNER’s construction and priority schedule and in accordance with the available Work front are to be included in the pricing”.

Notwithstanding the above provision, the bidder shall submit these details in accordance with the volume of work, which may be reviewed and commented by us during pre award stage /post award stage.

25. Please furnish the bio data of key personnel including nominated Project Director, Project Manager, Engineering Manager, Engineering

Co-ordinator, Purchase Manager, QA/QC Manager, Commissioning Manager, Commissioning Engineer etc. These will be reviewed and approved by Engineer-in-Charge.

26. Please confirm that your Lump sum Price includes cost towards third party inspection by Llyods/BV/TUV as per bidding documents..

27. Please note that the scope of this bid package is supply of Process License, Basic Design and Detailed Engineering, Procurement, Supply, Fabrication, Inspection by Third Party Inspection Agency (TPI) as applicable by Llyods/BV/TUV, Expediting, Route Survey for ODCs, Insurance, Transportation of all Equipments / Materials to work site including Loading and Un-loading, Storage, Construction and Erection of all civil, mechanical, electrical and instrumentation works, assembly and Installation, Temporary Site facility required for execution of Project, obtaining all necessary statutory approvals from concerned government authorities, as applicable, Testing, Mechanical Completion, Pre-Commissioning, Commissioning, Sustained Load Test, Performance Guarantee Test Run



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SHEET 5 of 5



CONFIRMATION Including total Project Management and handing over of Ammonia & Urea Plants of Capacity 2500 MTPD & 3850 MTPD respectively along with Associated Offsite & Utilities Facilities at GNFC’s existing complex in Bharuch, duly completed in all respects, on single point responsibility basis.

The scope of work mentioned under various sections shall not be considered as limitative and CONTRACTOR’s scope shall include completion of any activities of work not mentioned in the bid package but required to complete the Work in all respects and making it functional.

28. Please confirm that the CONTRACTOR shall supply all chemicals, lubricants and consumables required for pre-commissioning /Commissioning as per provision of Bidding Document.

29. Please confirm that you have considered this Contract as indivisible works contract and not divisible contract.

30. The safety measures as mentioned in Bid Document shall not be considered as limitative. The CONTRACTOR will be required to develop their stringent safety measures and submit the same to Engineer-in - Charge with the provision of a dedicated safety group closely monitoring the construction activities in all working shifts.

31. Please confirm that your sub-contractor for construction shall be meeting the requirements as specified in Bid Document. Also that the agency for executing Electrical work shall have a valid license for carrying out the work in the state of Gujarat.

For and on behalf of ………………………………………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


EXCEPTION/DEVIATION

PC54/E-1/P-I/Annx-1.4

0

DOCUMENT NO REV

SHEET 1 OF 1

All rights reserved


Bidder shall either stipulate in this form

1. We make no exception/deviation to this bid or

2. This bid is subject to the following exception/deviations and fill in the below

Sl. No

Volume No./ Section No. of bid doc..

Page No.

Clause

No.

Article , Paragraph

No.

Requirement Exception/ Deviation

1

2

3

NOTE : 1. If unavoidable, Bidder may stipulate deviations to the requirements of the Bidding Document only in this format.

2. Bidder shall furnish Technical and Commercial deviations, if any, separately. Also, Technical deviations shall be furnished separately for each discipline i.e. Process, General Civil, Structural, Architectural, Piping, Mechanical Equipment, Pressure Vessels, Rotating Equipment, Electrical, Instrumentation, Construction etc.

3. Any deviations stated elsewhere in the bid shall not be taken into account and may render the bid non-responsive and liable to be rejected.

4. A soft copy of this Annexure, in editable form, shall also be submitted by the Bidder.

For and on behalf of ……………...........…………………


Name : ………………………………………

Designation : ……………………………………… Date


DETAILS OF SIMILAR WORKS EXECUTED

PC54/E-1/P-I/Annx-1.5 0


DETAILS OF SIMILAR WORKS EXECUTED

(Name of the project)

SL. NO.

FULL POSTAL ADDRESS OF CLIENT AND

NAME OF OFFICER IN-

CHARGE WITH PHONE/CELL

NO AND E-MAIL

DESCRIPTION OF THE WORK

VALUE OF CONTRACT

DATE OF COMMENCEMENT

OF WORK

SCHEDULED COMPLETION

PERIOD ACTUAL

COMPLETION DATE

REMARKS

STAMP & SIGNATURE OF BIDDER : __________________________________

NAME OF BIDDER : __________________________________

DATE : __________________________________


CURRENT COMMITMENTS OF THE BIDDER

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DOCUMENT NO REV

SHEET 1 OF 1

DETAILS OF CURRENT COMMITMENTS

(Name of the project)

SL. NO.

FULL POSTAL ADDRESS OF CLIENT AND

NAME OF OFFICER IN-

CHARGE WITH

PHONE/CELL NO AND E-

MAIL

DESCRIPTION OF THE WORK

VALUE OF CONTRACT

DATE OF COMMENCEMENT

OF WORK

SCHEDULED COMPLETION

PERIOD

% COMPLETION AS ON DATE

REMARKS

STAMP & SIGNATURE OF BIDDER : __________________________________

NAME OF BIDDER : __________________________________

DATE : __________________________________


INFORMATION ABOUT BIDDER

PC54/E-1/P-I/Annx-1.7 0



1.0 Bidder/Consortium hereby confirm that they shall strictly adhere to the details provided by

them in response to Prequalification Criteria, Clause 8.0 of Instructions to Bidders (Section-1.0, Part-I).

2.0 SUMMARY OF THE LICENSORS AND BIDDER/CONSORTIUM MEMBERS

1.0 PROCESS LICENSORS 1.1 AMMONIA PLANT 1.2 CO2 REMOVAL 1.3 UREA PLANT 2.0 BIDDER/CONSORTIUM MEMBERS

3.0 Bidder/Consortium further confirm that the Bidder/Consortium shall not change its

constitution on the basis of which the Bidder/Consortium has submitted its Bid and qualified the prescribed criteria for a Consortium’s bid to qualify.

4.0 Bidder/Consortium also understand that In case of violation at any stage of evaluation of bid

and or after the award of contract from the provision of the Prequalification Criteria by the Prequalified Bidder/ Successful Bidder, then without prejudice to OWNER's right and remedies under the law, OWNER shall be entitled to forfeit and encash the Earnest Money Deposit and / or Bank Guarantee for Advance Payment and/or Bank Guarantee for Performance of Contract and / or Security Bond for Performance Guarantee furnished by the Prequalified/ Successful Bidder

For and on behalf of :………………………………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………

BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH EXECUTION PLAN

PC54/E-1/P-I/Annx-1.8 0


All rights reserved


1.0 BIDDER ORGANISATION

1.1 Company Organisation

Bid shall include a description of the organization, its management structure and organization chart of Bidder's company with particular reference to the means whereby the execution of this project will be related to the overall company organization.

The Bidder shall also furnish the name(s) of their partners, associated/ subsidiary companies & their activities, and whether any such associated/ subsidiary company will be involved in the execution of WORK, and if so, their scope thereof.

1.2 Project Organization

Bidder shall give charts of organization, which he intends to use in the execution of the work. Such charts must show lines of authority and communication of senior personals who will be assigned to this work in Bidder's home - office and other offices where WORK shall be performed (if any) and the lines connecting such Project Organization to the Bidder's internal overall organization including partners (if any). The chart shall be supported by a narrative, which shall explain how the proposed organisation will operate and in particular will provide

The name of the location of the office(s) in which the Basic and Detail Engineering Design Packages of the plant shall be carried out.

If any parts of the Basic and Detail Engineering Design Packages are to be carried out in more than one office, then details of the distribution of the jobs between offices and coordination procedure shall also be presented.

A description of the facilities offered to the OWNER’S resident engineers.

2.0 Estimated project and Engineering man-hours

Bidder shall give an estimate of the engineering man-hours and its break-up for all activities

3.0 Methods and procedures

Bidder shall summarise the methods and procedures that BIDDER intends to implement during the performance of the WORK. It shall include the proposed procedures such as Engineering, Procurement, construction strategy, WORK Progress Measurement, Pre-commissioning, Commissioning and Performance Test Run of the PLANT, and Training.

BIDDER shall also furnish proposed procedures for the Project management, communication and method and frequency of reporting the progress of the WORK.

The final form for reports, which will be subject to OWNER's Approval, shall include as a minimum the following :

a) Planning and Scheduling

b) Work Progress

c) Safety and Security


PC54/E-1/P-I/Annx-1.8 0


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NOTES:

a) Sample reporting forms and other key standard forms shall be included.

b) Bidder shall state the extent to which he will be using computerized drafting, etc.

4.0 Job descriptions and personnel resumes

Bidder shall include job descriptions and personnel resumes of his staff nominated to the key positions, including (where applicable) at least the followings, or Bidder's equivalent:

Project director

Process engineering co-ordinator

Construction manager

Process engineer

Project engineering co-ordinator

Senior pre-commissioning engineer

Senior commissioning engineer

Training co-ordinator and instructor.

Construction Engineering Coordinator

Construction Quality Control Engineer

Construction Project Control Engineer

Welding Specialists

Heavy Lift Rigging Specialist

Senior Specialist Engineers

Senior Planning Engineers

Materials Coordinators

Senior Construction Engineers


PC54/E-1/P-I/Annx-1.8 0


All rights reserved

Senior Pre-commissioning Engineers

Warehousing Officer

Material Planning Engineers

Resumes shall give at least the name, age, nationality, education, professional exception/deviation and previous experience of each assigned personnel. Additionally, one alternative shall be offered for each position. Bidder shall ensure that personnel to be deployed meet the minimum criteria specified in Annexure-1.8A

Bidder shall confirm that these key personnel will be made available to WORK on the Project as required by the schedule on full time basis.

Bidder shall furnish Summary of its Deployment Schedule Personnel as per Annexure-1.8 B.

Bidder understands that the said proposal represents the minimum deployment and the Bidder acknowledges that the said deployment may have to be augmented with additional number and/or categories, if required, if directed by Engineer-in-Charge in order to complete the work within the completion schedule and quoted lump sum price.

5.0 Construction equipment and machinery

The BIDDER shall furnish details of construction equipment & machinery, testing equipment, tools/tackles, etc., which will be made available by the Bidder at the Site. Bidder shall furnish Summary of such details as per Annexure-1.8 C, Annexure-1.8 D.

Such list shall, in no way limit the CONTRACTOR's responsibility to arrange & provide any additional construction equipment, tools, tackle, etc., which might be required to execute and complete the WORK as per contractual schedule.

BIDDER shall furnish the procedures and his tools for erection of the Heavy Lift Equipments including tall columns):

6.0 Heavy lifts

BIDDER shall furnish his proposed, site transportation, lifting, along with preliminary rigging schemes and erection procedure for the heavy lifts.

Such plans / schemes shall be furnished along with detailed write -up on heavy cranes proposed to be deployed by CONTRACTOR, duly supported by relevant technical literature.


PC54/E-1/P-I/Annx-1.8 0


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7.0 BIDDER experience & exception/deviation to perform the work

The BIDDER should have experience in the construction of similar Plants. The BIDDER should have successfully executed and completed construction of at least one similar Plant with his own project management and with complete responsibility of construction / erection and pre-commissioning.

The BIDDER shall furnish, as a part of his Tender Documents establishing the BIDDER'S experience and exception/deviation to perform the CONTRACT. Such documentary evidence shall also establish to OWNER's satisfaction that the BIDDER has the necessary financial, technical, project management capabilities and the requisite resources to execute the Work.

Such documentary evidence shall also be furnished for BIDDER'S proposed Subcontractors, if any. The Bidder shall furnish, in a tabular from, a list of jobs of similar type and magnitude executed by them in the past. BIDDER shall also furnish details of their experience in erection of heavy lifts. The Bidder shall furnish documentary evidence, establishing to OWNER satisfaction, that such jobs have been timely and successfully executed by them. The BIDDER shall also furnish the details of their present major commitments.

8.0 QA/QC Program

Bidder shall furnish a summary description of their proposed QA/QC program.

Bidder shall furnish any other technical information / details as per the requirements of NIT.

9.0 Technical assistance

The extent of the Technical Services and Assistance to be rendered by CONTRACTOR for, commissioning and performance test run, etc., is to be proposed

10.0 Training

Bidder shall furnish the following details regarding the Training of OWNER'S personnel:

a) Bidder's organisation set up for Training program.

b) Training facilities available with the Bidder to train the OWNER'S personnel in


PC54/E-1/P-I/Annx-1.8 0


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Theory of process, operation, maintenance and manufacturing of products

Field (on the job) training in process, operation, maintenance and manufacturing of products, to train the personnel on the job.

Test procedure and other matters.

c) The courses and their duration, number of attendees in each course and location where such courses will be held that the Bidder would recommend OWNER to consider.

d) Bidder's experience of training the personnel for units similar to the subject PLANT.

11.0 Estimate of the number of personnel required for the safe and satisfactory operation of the Plant.

For and on behalf of ………………………………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


MINIMUM QUALIFICATION & EXP. OF KEY SUPERVISORY CONSTRUCTION PERSONNEL

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SHEET 1 OF 2

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SL. NO.

CATEGORY QUALIFICATION & EXPERIENCE

1 RESIDENT CONSTRUCTION MANAGER / RESIDENT ENGINEER / SITE-IN-CHARGE

Degree in Engg. With minimum 20 years relevant experience in construction should successfully constructed & commissioned at least one process unit in hydrocarbon / fertilizer sector.

2 LEAD DISCIPLINE ENGINEER Degree in relevant Engg. discipline with minimum 15 years experience in Construction or Diploma in relevant Engg. Discipline with minimum 20 years experience in Construction.

3 LEAD WELDING / NDT ENGINEER

Degree in Mechanical Engg./Metallurgy with minimum 15 years experience in Welding / NDT (Non-Destructive Testing) plus Level-II in RT (Radiographic Testing) or diploma in Mechanical Engg. / Metallurgy with minimum 20 years experience in Welding / NDT plus Level–II in RT.

4 LEAD QA/QC ENGINEER Degree in Engg. With 15 years Construction Experience of which 5 years should be as QA Manager.

5 LEAD PLANNING ENGINEER Degree in Engg. With 15 years experience in Planning & Scheduling.

6 LEAD SAFETY OFFICER Degree / Diploma in Engg. And Diploma in Industrial Safety with min. 10 years relevant experience in Construction Safety.

7 WAREHOUSE-IN-CHARGE / MATERIALS MANAGER

Graduate in Science or Diploma in Engg. / Materials Management with 15 years experience in Warehousing / Stores Management of similar nature.

8 DISCIPLINE SURVEYORS Degree in relevant Engineering Discipline with minimum 3 years experience in Construction or diploma in relevant Engineering Discipline with minimum 6 years experience in Construction.


MINIMUM QUALIFICATION & EXP. OF KEY SUPERVISORY CONSTRUCTION PERSONNEL

PC54/E-1/P-I/Annx-1.8A 0

DOCUMENT NO REV

SHEET 2 OF 2

All rights reserved

9 QUANTITY SURVEYORS Degree in relevant Engineering Discipline with minimum 3 years experience or diploma in relevant Engineering Discipline with minimum 6 years experience in quantity estimation, field measurement, rate analysis etc. in construction field.



Name : ………………………………

Designation : …………………………………

Date : …………………………………


DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL

PC54/E-1/P-I/Annx-1.8B 0


All rights reserved


SL. NO.

DESCRITPION DEPLOYMENT SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1

8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL

1 PROJECT MANAGEMENT

1.1 PROJECT MANAGER

1.2 PLANNING MANAGER

1.3 PLANNING ENGINEERS

2 RESIDUAL DESIGN AND DETAILED ENGINEERING

2.1 PROJECT ENGINEERING MANAGER

2.2 ENGINEERING COORDINATOR

2.3 ENGG. PERSONNEL FOR VARIOUS DISCIPLINE





All rights reserved

SL. NO.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1

8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL

2.3.1 CIVIL STRUCTURAL

(i) ENGINEERS 2.3.2 PRESSURE

VESSELS

2.3.3 MECHANICAL EQPT/ ROTARY EQPT.

2.3.4 PIPING

(i) ENGINEERS

2.3.5 ELECTRICAL

(i) ENGINEERS 2.3.6 INSTRUMENTA-

TION

(i) ENGINEERS 2.3.7 MISCELL-

ANEOUS

3 PROCUREMENT

3.1 PURCHASE 3.1.1 PURCHASE

MANAGER





All rights reserved

SL. NO.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1

8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL

3.1.2 PURCHASE COORDINATOR

3.1.3 PURCHASE OFFICER

3.2 INSPECTION 3.2.1 INSPECTION

MANAGER

3.2.2 INSPECTORS

3.3 EXPEDITING 3.3.1 EXPEDITING

COORDINATOR

3.3.2 EXPEDITORS 3.4 CUSTOM

CLEARANCE, IMPORT LICENCE, TRANSPORTA -TION PERSONNEL

4 SITE CONSTRUCTION

4.1 PROJECT

MANAGER





All rights reserved

SL. NO.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1

8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL

4.2 CONSTRUC-TION MANAGER

4.3 CIVIL STRUCTURAL

4.3.I LEAD ENGINEER

4.3.2 SITE ENGINEER

4.3.3 SUPERVISORS 4.4 MECHANICAL

WORKS

4.4.1 LEAD ENGINEER

4.4.2 SITE ENGINEER

4.4.3 SUPERVISORS

4.5 PIPING WORK 4.5.1

LEAD ENGINEER

4.5.2 SITE ENGINEER

4.5.3 SUPERVISORS 4.6 ELECTRICAL

WORK





All rights reserved

SL. NO.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1

8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL

4.6.1 LEAD ENGINEER

4.6.2 SITE ENGINEER

4.6.3 SUPERVISORS 4.7 INSTRUMENTA-

TION WORK

4.7.1 LEAD ENGINEER

4.7.2 SITE ENGINEER

4.7.3 SUPERVISORS 4.8 QUALITY

ASSURANCE/ QUALITY CONTROL

4.8.1 QC/QA MANAGER

4.8.2 INSPECTOR (CIVIL)

4.8.3 INSPECTOR (PIPING)

4.8.4 INSPECTOR (MECH EQPT)





All rights reserved

SL. NO.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1

8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL

4.9 SAFETY ENGINEER

4.10 SITE ENGINEERING WORKS

4.10.1 ENGINEERS

4.10.2 SUPERVISORS 4.11 COMPUTER

ENGINEER

4.12 ADMINISTRA – TION MANAGER

4.13 MISCELLAN-EOUS

4.14 WAREHOUSE PERSONNEL

4.15 MATERIAL MANAGER

4.16 COMMISSION-ING

i) COMMISSION-ING COORDINATOR





All rights reserved

SL. NO.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1

8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL

ii) COMM ENGINEER (SHIFT- IN-CHARGE)

iii) CONTROL ROOM COORDINATOR

iv) FIELD SUPERVISOR

v) TECHNICIAN



Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMENT

PC54/E-1/P-I/Annx-1.8C 0

DOCUMENT NO REV

SHEET 1 OF 6

All rights reserved



SL. NO.

DESCRIPTION CAPA-CITY

DEPLOYMENT SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

24

25

26

27

28 29 30 31 TOTAL

1 CRANES

1.1 2000 MT 1.2 1000 MT 1.1 500 MT

1.2 300 MT

1.3 150 MT

1.4 75 MT

1.5 50 MT

1.6 20 MT

1.7 15 MT

1.8 10 MT

1.9 5 MT




DOCUMENT NO REV

SHEET 2 OF 6

All rights reserved

SL. NO.


DEPLOYMENT SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

24

25

26

27

28 29 30 31 TOTAL

2 DIESEL GENERATORS

2.1 500 KVA

2.2 300 KVA/250KV

2.3 150 KVA/125KV

3 COMPRESSORS

3.1 600 CFT

3.2 350 CFT

4 WELDING M/CS

4.1 DIESEL WELDING M/C

4.2 DIESEL GENERATOR

4.3 WELDING TRANS FORMERS/RE C-TIFIERS

4.4 TIG WELDING M/CS




DOCUMENT NO REV

SHEET 3 OF 6

All rights reserved

SL. NO.


DEPLOYMENT SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

24

25

26

27

28 29 30 31 TOTAL

5 GRIT BLASTING M/CS

6 SPRAY PAINTING M/CS

7 STRESS RELIEVING M/CS

8 RADIO-GRAPHY M/CS

9 TEST PUMP

10 WATER PUMP

11 TRANSPORTA-TION EQPT

11.1 TRACTOR -TRAILOR

11.2 TRUCKS

11.3 BUS

12 JACKS




DOCUMENT NO REV

SHEET 4 OF 6

All rights reserved

SL. NO.


DEPLOYMENT SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

24

25

26

27

28 29 30 31 TOTAL

12.1 MECHANICAL

12.2 HYDRAULIC

13 CIVIL

13.1 EXCAVATORS

13.2 DUMPERS

13.3 BATCHING PLANT

13.4 CONCRETE PUMP CAR

13.5 TRANSIT MIXER

13.6 MIXER

13.7 VIBRATORS

13.8 COMPACTORS

13.9 THEODOLITES

14.0 OTHERS

14.1 INSULATION TESTING EQUIPMENT




DOCUMENT NO REV

SHEET 5 OF 6

All rights reserved

SL. NO.


DEPLOYMENT SCHEDULE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

24

25

26

27

28 29 30 31 TOTAL

14.2 SECONDARY INJECTION TESTING KIT

14.3 METERS, TOOLS & TACKLES

ETC.

14.4 CALIBRATION EQUIPMENT

14.5 OTHER TOOLS

& TACKLES

14.6 MULTI METERS CALIBERAT- ORS ETC.

14.7 INDUCTION PIPE

BENDING

PLANTS

14.8 METALOGRAPHY

14.9 SPECTRO-

METERS


DETAILS OF EQUIPMENT AND SOFTWARES PROPOSED TO BE USED FOR TENDERED WORK

PC54/E-1/P-I/Annx-1.8D 0

DOCUMENT NO REV

SHEET 1 OF 1


I / We, shall use the following MAJOR equipments owned and softwares used for design and project management by the tenderer/Bidder for the work, if awarded to me /us : Sl. No.

Description Quantity. (Numbers)

Make Capacity Owner Approximate date when it will be deployed at

site

Period of retention at site



Name : ………………………………

Designation : …………………………………

Date : …………………………………


PROJECT DESCRIPTION

PC54/E-1/P-I/Annx-1.9

0

DOCUMENT NO REV

SHEET 1 of 2

All rights reserved


The following information shall be provided on the proposed Process Technology:

1. Improvements, developments and modifications made on the Process Technology in the recent years with special references to yields, raw materials and utilities consumption, safety, energy conservation and environmental control consideration.

2. List of valid patents & patent applications (if any).

3. Energy consumption for Ammonia plant, Urea plant and overall energy for the plant to be provided with basis.

4. The advantages of the proposed process in comparison with other similar existing processes.

5. The outstanding features of the process technology.

Wherever possible, these points are to be quantified. The approaches where BIDDER differs from competing process technologies should be emphasized.

6. The Bidder shall submit documentary evidence along with his Bid that as per stipulations, the Bidder possesses or will acquire the required process and technical information for execution of Ammonia Plant & Urea Plant and has the right to grant (in case of grant of license by a licensor) and transfer to OWNER an exclusive and irrevocable right and License for present and future use of the technical information and Know-How and use of the same under patent rights of a licensor without limitation for design, engineering, procurement, construction, operation, maintenance, revamp and replacement in the subject PLANT to make and use and sell the PRODUCT.

7. In case the Bidder acquires the required License and Know- How information from other Licensor, then the Bidder shall submit to OWNER legalized documentary evidence to the effect that the Licensor is willing to transfer License for use of technology and technical information covered by his patent rights through the Bidder to the OWNER.

For and on behalf of ……………..........…………………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


FORMAT FOR BIDDER'S QUERIES FOR PRE BID DISCUSSION

PC54/E-1/P-I/Annx-1.10 0

DOCUMENT NO REV

SHEET 1 OF 1



SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S

QUERY OWNER'S / PMC

REPLY NO. Vol./

Sec Page No.

Clause No.

Subject

NOTE: The Pre-Bid Queries shall be sent through e-mail to [email protected] ,

[email protected] and [email protected]

For and on behalf of ……………..........…………………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


DESCRIPTION OF THE PERFORMANCE GUARANTEES

PC54/E-1/P-I/Annx-1.11 0

DOCUMENT NO REV

SHEET 1 OF 1



The following data shall be given in the bid:

1. Duration of normal start-up for the PLANT to reach the design capacity.

2. Description of PERFORMANCE GUARANTEES proposed by the BIDDER, including as a minimum, feeds consumption, capacity, yields, quantity of products, quality of products, catalysts and chemical consumption, catalysts life time.

3. Proposed duration of the PERFORMANCE TEST

4. Associated conditions to the PERFORMANCE GUARANTEES

Note: “The BIDDER shall submit all the data pertaining to Guarantees as sought in detail under Section 7.0, Part-II (Technical) of the NIT.”

For and on behalf of ……………………............…………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


BIDDER’S PROPOSED SCHEDULE

PC54/E-1/P-I/Annx-1.12 0

DOCUMENT NO REV

SHEET 1 OF 1 SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S


Bidder shall provide a bar-chart type schedule for the execution of the WORK and shall show the main activities with duration, their sequences, and the milestone events specified.

For and on behalf of : ……………..........…………………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


DECLARATION BY THE BIDDER REGARDING BIDDING DOCUMENT

PC54/E-1/P-I/Annx-1.13 0

DOCUMENT NO REV

SHEET 1 of 1



We _______________________ (Name of the Bidder) hereby represent that we have gone through and understood the Bidding Documents, NIT NO: PNMM/PC54/E/001 DATED------, (including but not limited to) the Commercial & Technical Requirements/ Specifications in Part-I (Commercial) & Part-II (Technical) of the Bidding documents and amendments, if any, and that our Bid has been prepared accordingly in compliance with the requirements stipulated in the said documents.

We are submitting the Table of Contents of Bidding Documents, Part-I (Commercial) & Part-II (Technical) of the Bidding documents and amendments, if any, as part of our Bid duly signed and stamped on each page in token of our acceptance. Further we undertake that in the event of award of work to us, all the parts shall be considered for constitution of Contract Agreement.

For and on behalf of ……………………………...........…


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………

NOTE: This declaration should be signed by the Bidder’s representative who is signing the

Bid.


PROFORMA OF CONSORTIUM AGREEMENT

PC54/E-1/P-I/Annx-1.14 0


THIS CONSORTIUM AGREEMENT made this _____day of 2013 between amongst the following PARTIES: -

1) MIS----------------- incorporated under the Laws of, --------- with its Registered Office at ------------, (hereinafter referred to as "Lead Bidder" which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns); AND

2) M/S -------- incorporated under the Laws of, --------- with its Registered Office at, ---------- (hereinafter referred to as "Consortium Member" which expression shall unless repugnant to the context or meaning thereof, include its successors and permitted assigns); AND

3) M/S ----------incorporated under the Laws of ----------with its Registered Office at, -------- (hereinafter referred to as "Consortium Member(s)" which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns);

a) (Hereinafter wherever reference or context requires "Lead Bidder" and "Consortium Members" are collectively referred to as "PARTIES" for the sake of brevity and easy reference and “PARTY” means any party of the PARTIES.

b) "'* Either insert/delete according to number of PARTIES.) WHEREAS (1) OWNER is proposing to set up 2500 MTPD AMMONIA PLANT, 3850 MTPD UREA

PLANT AND ASSOCIATED OFFSITE AND UTILITIES FACILITIES AT BHARUCH, GUJARAT (hereinafter referred to as "PROJECT") and award the above works to a experienced, qualified and selected contractors on a lump sum turnkey (LSTK) basis with proper technical back-up of reputed Process Licensors and requisite experience and had invited Bid after assessing pre-qualification bids.

(2) Lead Bidder and Other Consortium Members (PARTIES) desire to forge a Strategic business alliance to combine their skills and work under the leadership of Lead Bidder who will, on awarding the contract, assume the responsibility for itself and vicariously for all the consortium members and all the PARTIES will work with one another/each other in the performance of the contract that may be entered into with the OWNER on its incorporation in pursuance of the bid.



PC54/E-1/P-I/Annx-1.14 0


(3) The PARTIES have in response to the said invitation for the pre-qualification & LSTK

bids, have vide letter No. -------- Dated------------ submitted their proposals, for considering them to be qualified for execution of PROJECT on LSTK basis.

(4) Deleted

(5) The PARTIES should enter into an agreement amongst themselves with the binding that they would work unitedly and Lead Bidder shall be responsible for the completion of the PROJECT in all respects and hold single point responsibility.

(6) There is a further condition that the Lead Bidder shall enter into an agreement with the Process Licensors for the supply of Process License, Technology and Know-How and a copy of the same to be attached to this agreement as Annexure-I and shall form part of this agreement.

NOW, THEREFORE, THE PARTIES HERETO AGREE TO WORK Together AND BIND Themselves; AS FOLLOWS:- 1. The terms and conditions contained in these presents constitutes a full statement of the

contractual rights and obligations of Lead Bidder and Other Consortium Members in relation' to the PROJECT and supersedes all prior negotiations, agreements and documents unless specific reference has been made in the text of this Agreement to any such negotiations, agreements and documents.

2. This Agreement defines and fixes the responsibilities governing the relations of the Lead Bidder and Other Consortium Members in preparation of the Bid and Subsequent execution Contract for the PROJECT.

3. This Agreement clearly defines and states that the Lead Bidder shall be responsible for itself and vicariously for all the Other Consortium Members and shall hold single point responsibility. Notwithstanding anything containing hereinbefore, OWNER has got the right to fix the responsibility and accountability on any and/or all of the PARTIES of this Agreement with or without Lead Bidder.

4. The Lead Bidder shall be responsible for

(i) Preparation of BID. (ii) Making the final decision on all strategy for the PROJECT, including the.

Formation for performance of the PROJECT. (iii) A negotiation and communications with the OWNER.

5. All Costs incurred with regard to the Bid shall be borne by the Lead Bidder/ Consortium Members. The Lead Bidder agrees to provide complete assistance for providing sufficient Data/information required for preparation of the Bid in its entirety.



PC54/E-1/P-I/Annx-1.14 0


6. At the time of submission of the bid the PARTIES have jointly agreed to all Schedules,

programs, terms and conditions, and all other matters whatsoever necessary for the submission of bid for each PARTY'S Scope of Work, and the same is annexed herewith as Annexure -I and forms part of this agreement.

7. Upon award of the Contract, PARTIES shall perform their respective scope of work in accordance with the scope indicated in the Annexure-I and forming part of this agreement.

8. It shall be the Lead Bidder's responsibility to the OWNER in' fulfilling all obligation -- as are required under the agreement. However, the consortium members along with the Lead Bidder shall be jointly and severally liable to the OWNER for any breach of the conditions of the Contract entered into between OWNER and PARTIES on award of the Contract.

9. The PARTIES shall, even though Lead Bidder is solely and vicariously liable, fully discharge their obligations and co-operate with one another with respect to the PROJECT during the term of this agreement and act at all times in such a way to further the common interest of the CONSORTIUM. Without limit to the foregoing, PARTIES reaffirm not to bid for the PROJECT separately or in combination with any third party, without the mutual consent of the remaining Consortium members. .

10. Any changes or amendments to this agreement shall be made in consultation With the OWNER and are valid only when these are set out in writing as such amendments and signed by the PARTIES.

11. The PARTIES agree that, if the OWNER selects the Consortium and issues a Letter of Intent (LOI) to undertake the Contract, the PARTIES shall in good faith, use their best efforts to expeditiously agree on the terms and conditions of a definitive agreement based on the principles outlined in this agreement and the terms and condition mutually agreed between the PARTIES prior to award of the PROJECT.

12. Notwithstanding anything contained hereinabove, in the event of, the failure of the consortium to make a definite agreement as stated in Clause 11 or in the event the consortium refuses to take up the Contract (PROJECT), Lead Bidder and members of the Consortium shall jointly and severally compensate the OWNER for all costs and damages incurred by the OWNER from the stage of the inviting of BID till the issue of LOI to the Consortium PARTIES for the amount not exceeding Rs. 10 crores.

13. This agreement shall become valid upon execution by all the PARTIES and shall continue till the PARTIES enter into a New Agreement as required under Clause No. 11 hereinbefore. However, this agreement shall come to end on the occurrences of any of the events stated herein below in this clause, namely;



PC54/E-1/P-I/Annx-1.14 0


a) Cancellation of PROJECT by OWNER or award of PROJECT by OWNER to a

third party; OR

b) The PARTIES .are unable to agree on a mutually acceptable bid proposal to OWNER.

14. This agreement shall in no way restrict any PARTY from engaging in any activities, which are not connected with this PROJECT and are not in direct competition to the activities of the PROJECT.

15. The PARTIES agree to keep confidential all information and data obtained from each other during the course of this agreement for a period of Four years from the effective date of this agreement.

16. No PARTY shall have the right to assign or in any way transfer any of its rights or obligations under this agreement to any other Company, firm or person(s) without prior consent in writing of the other PARTY and OWNER

17. The PARTIES agree that as and when called upon by OWNER, the PARTIES shall execute all further deeds, documents and agreements as may be required by OWNER.

18. This agreement shall in all respects be construed and interpreted in accordance with the

applicable laws of India.

19. Any dispute or difference arising under or out of this agreement which can not be settled amicably between the PARTIES within sixty days, shall be finally decided by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. IN WITNESS THEREOF, the PARTIES have entered into this agreement effective from the date as mentioned herein above. For and on Behalf of For and on Behalf of For and on Behalf of _________________ ___________________ ________________ (Lead Bidder) (Consortium Member) (Consortium Member)

(1) (2) (3)


PROFORMA OF BANK GUARANTEE FOR EMD

PC54/E-1/P-I/Annx-1.15 0



DRAFT OF BANK GUARANTEE FOR BID SECURITY DEPOSIT (EMD) (To be executed on a non-judicial stamp paper of Rs 200/-)

To be issued or confirmed by any of the first class international bank or Indian nationalised Banks or its foreign branches should be posted at the following address:

Gujarat Narmada Valley Fertilizers & Chemicals Ltd., P.O. Narmadanagar – 392 015, Dist.: Bharuch, Gujarat, India.

Phone No: 0091 - 2642 -247108 / 245817 Fax No : 0091 - 2642 – 247108 / 245817

In consideration of Gujarat Narmada Valley Fertilizers & Chemicals Ltd., having its registered office at PO: Narmadanagar – 392 015, Dist.: Bharuch, Gujarat, India (hereinafter called "THE COMPANY" which expression shall unless repugnant to the subject or context includes its successors and assigns) having agreed to exempt M/s.__________________________ (hereinafter called the 'THE SAID TENDERER(s)” which expression shall unless repugnant to the subject or context includes his successors and assigns) from the demand under the terms and conditions of tender no __________________ dated ------------------------- issued for _______________________________(hereinafter called "THE SAID TENDER”) from furnishing of Bank Draft/Cheque/Cash for such Earnest Money Deposit (Bid Security) for the due fulfillment by THE SAID TENDERER of the terms and conditions contained in THE SAID TENDER on production/submission of bank guarantee for Rs._________________ Only (Rupees _____________________only). 1. We ____________________bank having our office at __________________

(hereinafter referred to as 'THE BANK') do hereby undertake to pay to THE COMPANY an amount not exceeding Rs._______________(Rupees _________________ only) against any loss or damage caused to or suffered or would be caused to or suffered by THE COMPANY by reason of any breach by THE SAID TENDERER(s) of any of the terms and conditions contained in THE SAID TENDER. The decision of THE COMPANY as to any such breach having been committed and loss suffered shall be final and binding on us.

2. We __________________,THE BANK do hereby undertake and guarantee to pay you

the amounts due and payable under this Guarantee without any demur, dispute or protest or objection and without recourse, and without reference to THE TENDERER merely on a demand from THE COMPANY stating that the amount claimed is due by way of loss or damage caused to or would cause to or suffered by THE COMPANY by reason of any breach by THE SAID TENDERER(s) of any of the terms or conditions contained in THE SAID TENDER or by reason of THE SAID TENDERER’s failure to keep the


PROFORMA OF BANK GUARANTEE FOR EMD

PC54/E-1/P-I/Annx-1.15 0



tender open. Any such demand made on THE BANK shall be final, conclusive and binding on THE BANK as regards the amount due and payable by THE BANK to THE COMPANY under this guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs _____________________._______________ (Rupees _________________ only).

3. We_______________________ ,THE BANK further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the finalisation of THE SAID TENDER and that it shall continue to be enforceable till THE SAID TENDER is finally decided and order placed on the successful tenderer and/ or till all the dues of THE COMPANY under/or by virtue of THE SAID TENDER have been fully paid and its claims satisfied or discharged or till a duly authorised officer of THE COMPANY certifies that the terms and conditions of THE SAID TENDER have been fully and properly carried out by THE SAID TENDERER(s) and accordingly discharges the Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before the ________________________(to include 6 months claim lodgement period over and above the validity period mentioned in the paragraph for submission of this bank guarantee in the tender) we shall be discharged from all liability under this guarantee thereafter.

4. We__________________ THE BANK, lastly undertake not to revoke this Guarantee during its currency except with the previous written consent of THE COMPANY in writing.

5. THE BANK declares that it has the power to issue the Guarantee and the undersigned has full powers to do so on behalf of THE BANK.

Dated_____________ Day of _______________ 20__

Signature of the issuing Authority with seal FOR ___________________BANK

(indicate the name of bank with stamp)


PROFORMA OF BANK GUARANTEE FOR CONTRACT SECURITY DEPOSIT/

PERFORMANCE GUARANTEE

PC54/E-1/P-IAnnx-1.16A 0

DOCUMENT NO REV

SHEET 1 of 3


(To be executed on a Non-Judicial Stamp Paper of Rs.200/-)

BANK GUARANTEE FOR PERFORMANCE OF CONTRACT

SECURITY BOND IN LIEU OF SECURITY DEPOSIT (For Performance of obligations)

THIS SECURITY BOND made this ____ day of __________ ,20__

BY

____________________________________________ a Banking Company incorporated under the _________________________ and having its Head Office at and a Branch Office at _______________________________ (hereinafter referred to as the "Surety")

IN FAVOUR OF

GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LIMITED, a Public Limited Company incorporated in the State of Gujarat under the Companies Act, 1956 (Act - I of 1956) and having its Registered Office at P.O. Narmadanagar-392 015, Dist. Bharuch, Gujarat (hereinafter referred to as "GNFC/THE COMPANY"). WHEREAS (1) THE COMPANY has placed a Letter of Intent dated _____________ and/or entered into

Contract on the __ day of _________,20___ for Supply of ____________________________ Plant (hereinafter referred to as the "Contract") with M/s. ____ , a Company incorporated in the State of ___________, India _________ under the Companies Act,1956 (Act I of 1956) having its Registered Office at ________________________________________, India (hereinafter referred to as the "Contractor" which expression shall include its successors and permitted assigns where the context so admits) for the works and jobs as described in the said Contract.

(2) Under the provisions of the Contract, the Contractor is required to furnish at its

cost to THE COMPANY, a security bond in the form of a Bank Guarantee, in the amount of Rs._________________ (Say Rupees________________________ only), being the amount equivalent to ___% (____percentage) of Contract Price, namely Rs. ____________ (say Rs. _______________________________________ only) for due and faithful provision, doing, performance, execution, keeping, fulfillment, discharge and carrying out by the Contractor, of all its obligation and liabilities in time and manner as provided in the Contract and to the satisfaction of THE COMPANY, and valid till SIX months after date of satisfactory completion and acceptance of the entire work/Plant under the Contract in all respects and till submission of the workmanship guarantee(s) as provided in the Contract.

(3) The Surety has at the request of the Contractor agreed to issue this Security Bond as the irrevocable letter of Bank Guarantee in terms of the said Contract on behalf of the Contractor, and THE COMPANY has agreed to accept the same.





DOCUMENT NO REV

SHEET 2 of 3


NOW THIS BOND WITNESSETH AND KNOW ALL MEN BY THESE PRESENTS that the Surety is hereby held and firmly bound unto THE COMPANY in the sum of Rs. (Say Rupees ______________________________ only) to be paid to THE COMPANY at its Registered Office on first demand forthwith, without any demur, dispute or objection, for the payment of which sum well and truly to be made, the Surety hereby unconditionally and irrevocably binds itself, its successors, executors, administrators, assigns and transferees, firmly by these presents.

IT IS HEREBY STIPULATED AND AGREED that the Surety shall pay to THE COMPANY as aforesaid at the Registered Office of THE COMPANY, without any demur, dispute or objection, forthwith on receipt of a written request from THE COMPANY notifying any breach, failure or default by or on the part of the Contractor in providing, doing, performing, executing fulfilling keeping or carrying out any, each and every obligations and liabilities as agreed to between the Contractor and THE COMPANY under the Contract or any loss or damage caused to or suffered by THE COMPANY by reason of any breach, failure or default by or on the part of the Contractor in providing, doing, performing, executing fulfilling, keeping or carrying out any, each and every of the obligations and liabilities under and on the terms and conditions of the Contract.. Such notification of any breach, failure or default on the part of the Contractor or as to the loss or damage caused to or suffered by THE COMPANY will be binding and conclusive upon the Surety and will not be called in question for whatsoever reason by the Surety and/or the Contractor.

NOW THE CONDITION OF THIS OBLIGATION IS THAT if the Contractor shall faithfully provide, do, perform, execute, fulfill, keep and carry out each and every of its obligations and liabilities under the Contract in time and manner provided therein and to the satisfaction of THE COMPANY and shall furnish the workmanship guaranties as provided in the Contract, and THE COMPANY shall certify that the claims or dues, if any, under or by virtue of the Contract are all fully paid, satisfied and discharged and/or the obligations, liabilities, terms and conditions under the Contract have been fully and properly provided, done, performed, executed, fulfilled, kept and carried out by the Contractor, and accordingly discharges this guarantee, then this obligation shall be null and void, otherwise the same shall remain in full force and virtue/effect. THE COMPANY shall be at full liberty without reference to the Surety and without affecting the guarantee given hereunder to postpone for any time or from time to time the exercise of any of the powers and rights conferred on THE COMPANY under the Contract, or to enforce or to forbear from enforcing any such powers and rights, and the liability of the Surety hereunder shall not in any way be impaired or discharged by reason of any time being granted to the Contractor by THE COMPANY for the provision, doing, performance, execution, fulfillment, keeping and carrying out by the Contractor of all or any of its obligations and liabilities under the Contract or by reason of any forbearance, act or omission on the part of THE COMPANY, whether with or without the knowledge or consent of the Surety, nor it shall be necessary for THE COMPANY to sue the Contractor before suing the Surety for the recovery of the amount hereunder.

The right of THE COMPANY to recover the amount of this Security Bond from the Surety in the manner aforesaid shall not be affected by reason of the fact that any dispute or disputes have been raised by the Contractor with regard to its obligations, liabilities or otherwise under the Contract.





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The Guarantee herein contained shall not be determined or affected by change in constitution/ownership/or the liquidation or winding up or insolvency of the Contractor, and shall in all respects and for all intents and purposes remain in full force and effect and shall be binding and operative until payment of all moneys due to THE COMPANY hereunder are fully paid of. This is a continuing guarantee and the liability of the Surety hereunder is limited to Rs. _________ (Say Rupees __________________________only). This bond shall remain in full force and effect till and including the_____________. Unless a claim or demand under this bond is filed with the Surety within six months from the date of expiry of this bond, i.e.__________, all rights of THE COMPANY under this bond shall be forfeited, and the Surety shall be relieved and discharged from all liabilities hereunder. It is further specifically agreed and undertaken that the Surety shall not revoke, cancel or terminate this guarantee at any time during its currency without the prior written consent of THE COMPANY. Upon expiration of the term of validity, this bond shall be regarded as ineffective and may be returned to the Surety.

Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to : Rs. ______________ (Say Rupees ________________________only). Our Guarantee shall remain in force until_____________. Unless a claim or demand under the Guarantee is made on us in writing within six months from the date i.e. on or before ____________all the rights of the beneficiary under the Guarantee shall be forfeited and the Surety will be relieved and discharged from all liabilities thereunder. IN WITNESS WHEREOF the Surety hereto acting through its properly constituted representative, thereunto duly authorized, has caused this Security Bond to be signed and executed in its name and on its behalf and delivered on the day, month and year first hereinabove written. SIGNED SEALED AND DELIVERED For and on behalf of by the SURETY WITHINNAMED

SURETY




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(To be executed on a Non-Judicial Stamp Paper of Rs.200/-)

SECURITY BOND FOR PERFORMANCE GUARANTEE

(Guarantee for Performance, Workmanship, Defects and Deficiencies)

THIS SECURITY BOND made this _____ day of __________,20__

BY _____________________________________________ a Banking Company incorporated under the ___________________________________________ and having its Head Office at ____________________________________ and a Branch Office at ___________________________________________ (hereinafter referred to as the "Surety")

IN FAVOUR OF GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LIMITED, a Public Company incorporated in the State of Gujarat under the Companies Act, 1956 (Act - I of 1956) and having its Registered Office at P.O. Narmadanagar-392 015, Dist. Bharuch, Gujarat (hereinafter referred to as "GNFC").




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WHEREAS

(1) GNFC has entered into Contract on the ____ day of ________,20__ (hereinafter

referred to as the "Contract") with MESSRS. ____________________________________________ a _________ Company incorporated in the State of _____________ under the Companies Act,1956 (Act of I of 1956) having its Registered Office at _____________________________________________ (hereinafter referred to as the "Contractor" which expression shall include its successors and permitted assigns where the context so admits) for the jobs and services as described in the Contract for faith full execution and performance of the ____________________ Plant.

(2) Under the provisions of the Contract, the Contractor is required to furnish at its cost to

GNFC, a Security Bond in the form of a Bank Guarantee, in the amount of Rs.__________ (Say Rupees __________________________________________only), being the amount equivalent to _____% (________per cent) of the total amount of the Contract namely, Rs._________ (Say Rupees _______________________________ only) to cover the Contractor's obligations and liabilities as to the performance, workmanship, defects and deficiencies of and in the works/jobs/services etc. to be provided as described under the Contract, valid till the end of six months after the date of satisfactory completion and acceptance of the entire Plant in all respects.

(3) The Surety has at the request of the Contractor agreed to issue this Security Bond as the

irrevocable letter of Bank Guarantee in terms of the Clause _____ of the Contract on behalf of the Contractor, and GNFC has agreed to accept the same.

NOW THIS BOND WITNESSETH AND KNOW ALL MEN BY THESE PRESENTS that the Surety is hereby held and firmly bound unto GNFC for the sum of Rs._______ (Say Rupees ______________________________ only) to be paid to GNFC forthwith at its Registered Office on first demand without any demur, dispute or objection, for the payment of which sum well and truly to be made, the Surety hereby unconditionally and irrevocably binds itself, its successors, executors, administrators, assigns and transferees, firmly by these presents. IT IS HEREBY STIPULATED AND AGREED that the Surety shall pay to GNFC as aforesaid at the Registered Office of GNFC, without any demur, dispute or objection, forthwith on receipt of a written request from GNFC notifying any breach, failure or default by or on the part of the Contractor and/or its Agents/Servants/Representatives etc. in providing, doing, performing, executing, fulfilling, keeping or carrying out any, each and every obligations and liabilities as agreed to between the Contractor and GNFC under the Contract in regard to performance, workmanship, defects and deficiencies of and in the works/jobs/services to be provided to the extent as guaranteed under Article -____ of the Contract. Such notification of any breach, failure or default on the part of the Contractor will be binding and conclusive upon the Surety and will not be called in question for whatsoever reason by the Surety and/or the Contractor. NOW THE CONDITION OF THIS OBLIGATION IS THAT if the Contractor shall faithfully provide, do, perform, execute, fulfil, keep and carry out each and every of its obligations and liabilities under the Contract in regard to performance, workmanship, defects and deficiencies of and in the works/jobs/services to be provided in time and manner as above to the extent as




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guaranteed under Articles- ___ of the Contract and to the satisfaction of GNFC then this obligation shall be null and void; otherwise the same shall remain in full force and effect. GNFC shall be at full liberty without reference to the Surety and without affecting the guarantee given hereunder to postpone for any time or from time to time the exercise of any of the powers and rights conferred on GNFC under the Contract, or to enforce or to forbear from enforcing any such powers and rights, and the liability of the surety hereunder shall not in any way be impaired or discharged by reason of any time being granted to the Contractor by GNFC for the provision, doing, performance, execution, fulfilment, keeping and carrying out by the Contractor of all or any of its obligations and liabilities under the Contract in regard to performance, Workmanship, defects and deficiencies of and in the works/jobs/services to be provided under the Contract or by reason of any forbearance, act or omission on the part of GNFC, whether with or without the knowledge or consent of the Surety, nor it shall be necessary for GNFC to sue the Contractor before suing the Surety for the recovery of the amount hereunder. The right of GNFC to recover the amount of this Security Bond from the Surety in the manner aforesaid shall not be affected by reason of the fact that any dispute or disputes have been raised by the Contractor with regard to its obligations, liabilities or otherwise under the Contract. The Guarantee herein contained shall not be determined or affected by change in the constitution/ownership/or the liquidation or winding up or insolvency of the Contractor, and shall in all respects and for all intents and purposes remain in full force and effect and shall be binding and operative until payment of all moneys due to GNFC hereunder, are fully paid. This is a continuing guarantee and the liability of the Surety hereunder is limited to Rs.________ (Say Rupees ________________________________ only). This Bond shall remain in full force and effect till and including the _________,20__. Unless a claim or demand under this bond is filed with the Surety within six months from the date of expiry of this bond, all rights of GNFC under this bond shall be forfeited, and the Surety shall be relieved and discharged from all liabilities hereunder. It is further specifically agreed and undertaken that the Surety shall not revoke, cancel or terminate this guarantee at any time during its currency without the prior written consent of GNFC. Upon expiration of the term of validity, this bond shall be regarded as ineffective and may be returned to the Surety. IN WITNESS WHEREOF the Surety hereto acting through its properly constituted representative, thereunto duly authorised, has caused this Security Bond to be signed and executed in its name and on its behalf and delivered on the day, month and year first hereinabove written. Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to Rs._____________ (Say Rupees _____________________________only). Our Guarantee shall remain in force until unless a claim under the Guarantee is made on us within six months from the date i.e. on or before ________________ all the rights of the beneficiary under the Guarantee shall be forfeited and the Surety will be relieved and discharged from all liabilities hereunder.




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SIGNED SEALED AND DELIVERED For and on behalf of by the SURETY WITHINNAMED _____________ SURETY


BANK GUARANTEE FOR ADVANCE/PROGRESS PAYMENT

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(To be executed on a Non-Judicial Stamp Paper(s) of Rs. 200/-)

BANK GUARANTEE FOR ADVANCE PAYMENT (For Advance Payment)

THIS SECURITY BOND made this ______ day of _________20__.

BY ____________________________________________ a Banking Company, incorporated under _________________________________and having its Registered Office at ____________________________________________ and a Branch Office at ___________________________________________ (hereinafter referred to as the "Surety")

IN FAVOUR OF GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LIMITED, a Public Limited Company incorporated in the State of Gujarat under the Companies Act,1956 (Act I of 1956) and having its Registered Office at P.O. Narmadanagar-392 015, Dist. Bharuch, Gujarat State (hereinafter referred to as “GNFC/the Company").

WHEREAS

(1) The Company has placed a letter of intent dated ________and/or entered into Contract on the ____ day of ________,20___ for supply and establishment of _____________ plant (hereinafter referred to as the "Contract") with M/S______________________ a Company incorporated in the State of __________________India under the Companies Act,1956 (Act of I of 1956) having its Registered Office at____________________________ India (hereinafter referred to as the "Contractor" which expression shall include its successors and permitted assigns where the context so admits) for the works and jobs described in the Contract.

.(2) Under the terms of the Contract, the Contractor is required to furnish to the Company a

Security Bond in the form of a Bank Guarantee, in the form and manner acceptable to the Company for the amount of Rs._________ (Say Rupees _________________________________ only) being the amount equivalent to .........% (........ Percentage) of Contract price, namely Rs............. (Say Rupees ................................ Only), towards security of such amount payable by the Company to the Contractor as an advance payment under the Contract, valid till the Acceptance of the Plant By the Company in all respect as described in the Contract with a claim period of six months from the date of Acceptance of Plant.

(3) The Surety has at the request of the Contractor agreed to issue this Advance Payment Security Bond as an irrevocable letter of Bank Guarantee in terms of the Contract on behalf of the Contractor and the Company has agreed to accept the same.



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NOW THIS BOND WITNESSETH AND KNOW ALL MEN BY THESE PRESENTS THAT the Surety is hereby held and firmly bound unto the Company in the sum of Rs.*_________ (Say Rupees *_____________________________ only) to be paid to the Company at its Registered Office on first demand forthwith, without any demur, dispute objection, for the payment of which sum as aforesaid well and truly to be made, the Surety hereby unconditionally and irrevocable binds itself, its successors, executors, administrators, assigns and transferees, firmly by these presents.

IT IS HEREBY STIPULATED AND AGREED that the Surety shall pay to the Company as aforesaid at the Registered Office of the Company, without any demur, dispute or objection forthwith on receipt of a written request from the Company notifying any breach, failure or default by or on the part of the Contractor in providing, doing, performing, executing, fulfilling, keeping or carrying out any each and every obligations and liabilities as agreed to between the Contractor and the Company under the Contract in respect of which such advance payment has been made. Such notification of any breach, failure or default on the part of the Contractor by the Company will be binding and conclusive upon the Surety and will not be called in question for whatsoever reason by the Surety and/or the Contractor.

NOW THE CONDITION OF THIS OBLIGATION IS THAT if the Contractor shall faithfully provide, do, perform, execute, fulfil, keep and carry out each and every of its obligations and liabilities, under the Contract in respect of which such advance payment has been made, in time and manner provided therein and to the satisfaction of the Company, and the Company shall certify that the obligations, liabilities, terms and conditions under the Contract in respect of which such advance payment has been made by the Company to Contractor have been fully and properly provided, done, performed, executed, fulfilled, kept and carried out by the Contractor and/or that the Contractor has repaid to the Company the full amount of such advance payment and accordingly discharges this guarantee, then this obligations shall be null and void, otherwise the same shall remain in full force and effect. The Company shall be at full liberty without reference to the Surety and without affecting the guarantee given hereunder to postpone for any time or from time to time the exercise of any of the powers and rights conferred on the Company under the Contract or to enforce or forbear from enforcing any such power and rights and the liability of the Surety hereunder shall not in any way be impaired or discharged by reason of any time being granted to the Contractor by the Company for the provision, doing, performance, execution, fulfilment, keeping and carrying out by the Contractor of all or any of its obligations and liabilities under the Contract or by reason of any forbearance, act or omission on the part of the Company, whether with or without the knowledge or consent of the Surety, nor it shall be necessary for the Company to sue the Contractor before suing the Surety for the recovery of the amount hereunder. The rights of the Company to recover the amount of this Security Bond as aforesaid from the Surety in the manner aforesaid shall not be affected by reason of the fact that any dispute or disputes have been raised by the Contractor with regard to its obligations, liabilities or otherwise under the Contract. The Guarantee herein contained shall not be determined or affected by the liquidation or winding up or insolvency of the Contractor and shall in all respects and for all intents and



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purposes remain in full force and effect and shall be binding and operative until payment of all moneys due to the Company hereunder. This is a continuing guarantee and the liability of the Surety hereunder is limited to : Rs.________ (Say Rupees _______________________________ only) as aforesaid. This bond shall remain in full force and effect till ___________ and including the, 20_. Unless a claim or demand under this bond is filed with the Surety within six months from the date of expiry of this bond, i.e. by date __________ all rights of the Company under this bond shall be forfeited, and the Surety shall be relieved and discharged from all liabilities hereunder. It is further specifically agreed and undertaken that the Surety shall not revoke, cancel or terminate this guarantee at any time during its currency without the prior written consent of the Company. Upon expiration of the term of validity, this bond shall be regarded as ineffective and may be returned to the Surety. Notwithstanding anything contained hereinabove, our liability under this guarantee is restricted to : Rs._________ (Say Rupees ________________________________________only) Our Guarantee shall remain in force till _____. Unless a claim under the Guarantee is made on us in writing within six months from the date i.e. on or before________ all the rights of the beneficiary under the Guarantee shall be forfeited and the Surety will be relieved and discharged from all liabilities thereunder. IN WITNESS WHEREOF the Surety hereto acting through its properly constituted representative, thereunto duly authorised, has caused this Security Bond to be signed and executed in its name and on its behalf and delivered on the day, month and year first hereinabove written. SIGNED SEALED & DELIVERED For and on behalf of by the SURETY WITHINNAMED SURETY


VOID

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NOT APPLICABLE


FORMAT OF LETTER OF WAIVER OF CONDITIONS / DEVIATIONS

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(ON COMPANY’S LETTERHEAD) SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S


(NIT NO : PNMM/PC54/E/001 DATED------)

We * hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all technical, commercial and other condition whatsoever of the Bidding Documents and all Addenda / Corrigenda / Clarifications issued by OWNER. We further hereby waive, withdraw and abandon any and all deviations, variations, objections or reservations whatsoever hereto set out, given or indicated in our offer, clarifications, correspondence, communications, or otherwise with a view that the final price bid submitted may be treated to conform to, in all respects, with the terms and conditions of the said tender documents including all Addenda / Corrigenda/Clarifications.

For and on behalf of* …………………………...........……

Stamp & Signature** : ………………………………………

Name : ………………………………………

Designation : ………………………………………

Date : ……………………………………… * Here fill in the name of bidder.

** The Letter of Waiver must be signed by the person (s) authorised to sign.


LIST OF APPROVED BANKS

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First class international bank or Indian nationalized banks or its foreign branches.


CONTENTS OF BID AND CHECK LIST

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Bidder is requested to fill this check list and ensure that all details /documents have been furnished in two Parts, under relevant section, as called for in the Bidding Document duly filled in, signed & stamped. Please tick the box and ensure compliance:

PART-I.

Pre-Qualification Bid: (Refer Clause 8.0) i) Letter of submission and synopsis of the proposal

Submitted

ii) Organization Profile Submitted

iii) Article of Association of the Company or Board Resolution Submitted

iv) MOU/ letter of undertaking by the Process Licenser(s) Submitted

v) MOU between the Detailed Engineering Consultant (in case the Bidder themselves are not the detailed designer) and Bidder Submitted

vi) Exhibit-1 for Technology Criteria (Ammonia) Submitted

vii) Exhibit-2 for Technology Criteria (Urea) Submitted

viii) Exhibit-3 for Experience Criteria Submitted

ix) Exhibit-4 for Financial criteria Submitted

x) Solvency Certificate Submitted



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PART-II.

Technical-Unpriced Commercial Bid (A) UNDER SECTION –I (A. 1) Letter of submission and Synopsis of the Proposal

Submitted

(A.2) Photocopy of EMD/Earnest Money Deposit (EMD) as submitted in Envelop-I Submitted.

(A.3) Bid Form as per Annexure-1.1 Submitted

(A.4) Commercial Questionnaire as per Annexure-1.3

(A.5) Details of similar works executed, as per Annexure-1.5.

(A.6) Details of concurrent commitments as per Annexure1.6

(A.7) Information of Bidder as per Annexure-1.7, 1.7A Submitted

(A.8) Power of Attorney in favour of the person who has signed the bid. Submitted.

(B) UNDER SECTION – II

(B.1) Detailed execution philosophy of work as per Annexure-1.8,

1.8A,1.8B,1.8C,1.8D Submitted.

(B.2) Description of Process technology as per Annexure-1.9 Submitted

(B.3) Description of the Performance Guarantees as per Annexure-1.11 Submitted.

(B.4) Bidder’s Proposed Schedule as per Annexure-1.12 Submitted.

(B.5) Declaration by the Bidder Regarding Bidding Document as per Annexure-1.13 Submitted.

(C.) UNDER SECTION –III (C.1) Proforma of Certificate Of Non-Involvement of Indian Agent as per

Annexure-1.18 Submitted.

(C.2) Format of Letter of Waiver of Conditions/Deviations as per Annexure-1.19



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Submitted. (D) UNDER SECTION –IV (D.1) Solvency Certificate from Bidders’ bankers. Date of issue of this

certificate should not be less than 1 year from due date of opening of Techno-commercial part. Submitted

(D.2) Blank copy of Schedule of Lumpsum Prices indicating “Quoted/Not Applicable/NIL” against each head and duly stamped & signed on each page, strictly as per as per Annexure-1.2, failing which bid may be rejected. Submitted

(E) UNDER SECTION – V (E.1) Technical Details/ documents specified under “Technical Information

Required along with Bid”. Submitted

(F) UNDER SECTION – VI (F.1) EXCEPTIONS/DEVIATIONS

The OWNER wishes to receive fully compliant bids. Exception/Deviations may only be made in relation to requirements of OWNER, which the BIDDER feels unable to comply with under any circumstances or at any price. If the BIDDER wishes to make any exception/deviations, this must be done by listing the full details of each exception/deviation in Annexure-1.4. Unless an entry appears in the list of exception/deviations in Annexure-1.4, OWNER will assume and consider that BIDDER has no exceptions or deviations to the Tender Documents

Schedule of Deviations (if any) to the commercial and Technical bid documents, shall be submitted separately, as per Annexure-1.4. Also, Technical deviations must be given separately for each discipline. Submitted

(G) UNDER SECTION – VII (G.1) Vendor List prepared by Bidder for items not covered in OWNER’s

Vendor List. Submitted

(H) UNDER SECTION – VIII (H. 1) Bidder shall furnish tentative manpower requirement with break up for

operation of plant during commissioning, trial runs and guarantee tests.



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Bidder shall also furnish a tentative break up of manpower requirement for the normal operation of the plant as per best operation practice. Bidder shall submit Estimated required Quantity of Construction Power and Water. Submitted

(I) UNDER SECTION – IX (I.1) Any other information required in the Bidding Documents or considered

relevant by the Bidder, Submitted

(J) UNDER SECTION – X (J.1) Contents of Bid And Check List as per Annexure-1.21

(K) UNDER SECTION – XI

(K.1) One set of Tender Documents Part-I (Commercial) & Part-II (Technical) alongwith subsequent addendums if any, duly signed and stamped on each page in original as a token of its acceptance. Submitted

(L) UNDER SECTION – XII (L.1) Financing Model Including Suppliers credit (Optional)

For and on behalf of : ……… ………………………………


Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………


ACKNOWLEDGEMENT CUM CONSENT LETTER

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All rights reserved

Ref. No. Date : M/s Gujarat Narmada Valley Fertilizers & Chemicals Limited, P.O. Narmadanagar-392 015, Dist. Bharuch, Gujarat

Kind Attention:

Mr. P G Dave, Project Manager Fax No. : 02642 – 228063 Tel. No. : 02642 – 663256 E-mail : [email protected]

Copy to: M/S.Projects & Development India Limited PDIL Bhawan, A-14, Sector-1, Noida-201 301 India Kind Attention. : Mr. R R Kumar, Deputy General Manager (Materials), Fax No.: 0120-2529839 SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFC’S


(NIT NO : PNMM/PC54/E/001)

Dear Sir,

We hereby acknowledge, as placed at GNFC’s website, the complete set of Bidding Document, Part-I and Part-II, for subject works for our use in preparing the Bid.

We undertake that the contents of the above Tender Document are to be used only for the purpose for which they are intended.

A) We intend to bid as requested for the subject works and furnish the following details with respect to our quoting office

i. Postal Address



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ii. Telephone Number

iii. Telefax Number

iv. Contact Person

v. Designation of Contact Person

vi. Mobile no.

vii. E-mail Address

B) Contact Person, preferably at Delhi and/or Mumbai for Indian Bidders & anywhere in India for Foreign Bidders, if any :

i. Postal Address

ii. Telephone Number

iii. Telefax Number

iv. Contact Person

v. Designation of Contact Person



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vi. Mobile no.

vii. E-mail Address -------------------------------------------

Company’s Name :

Name of the authorized signatory :

Signature :

Designation :

Date :

Note : Bidder is requested to furnish the details mentioned at (A) and (B) immediately after

receipt of Bidding Document.


FORMAT FOR CONSTRUCTION SUB-CONTRACTORS APPROVAL

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All rights reserved


(APPROVAL OF CONSTRUCTION SUB-CONTRACTOR) 1) NAME OF MAIN

CONTRACTOR : ____________________________

2) NAME OF WORK, LOCATION

: ____________________________

3) NAME OF PROPOSED SUB-CONTRACTOR

:

4) SCOPE OF WORK PROPOSED TO BE SUB-CONTRACTED (BRIEF)

:

5) ESTIMATED VALUE OF THE PROPOSED WORK TO BE SUB-CONTRACTED (INR)

:

6) QUALIFYING CRITERIA FOR SUB-CONTRACTOR

i) Similar Work experience in Hydrocarbon/Fertilizer Industry : 1 Contract of 60% of estimated value of proposed work to be sub-contracted.

ii) Annual Turnover : Not less than 125% of estimated value of proposed work to be sub-contracted

7) EXPERIENCE AND FINANACIAL DETAILS OF PROPOSED SUB-CONTRACTOR :

i) Contract Value of similar work executed (as evidenced by work Order & Completion Certificate) During the last 7 years.

ii) Maximum Annual Turnover during last 3 (three) years ( as evidenced by Balance

Sheets)

iii) Concurrent Commitments (including the works proposed to be sub-contracted)

8) CRITERIA FOR QUALIFICATION OF SUB-CONTRACTOR


FORMAT FOR CONSTRUCTION SUB-CONTRACTORS APPROVAL

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All rights reserved

i) Sl.No. 7(i) > 6 (i) YES / NO ii) Sl.No. 7(ii) > 6 (ii) YES / NO iii) Sl.No. 7(iii) > 2 x Sl.no.7(ii) YES / NO 9) Based on above information, we M/s.__________________ (Name of Main

Contractor) propose M/s._________________________________ for mentioned works. We understand that notwithstanding above approval, we shall remain fully responsible for the performance of the said sub-contractor and any failure of the sub-contractor shall not absolve/relieve us of our responsibility to complete the work as per the terms and conditions of the Contract.

NOTE :

Bidders to fill all the details in the above proforma. Further, Bidder shall also fill-in the details at Sl.No.5 above based on the estimated value of the proposed work to be sub-contracted.

10) QUALIFICATION STATUS ( TO BE STAMPED BY OWNER) :



Name : ………………………………………

Designation : ………………………………………

Date : ………………………………………