2x660 MW MAITREE SUPER THERMAL POWER … DOCUMENTS . FOR . 2x660 MW MAITREE SUPER THERMAL POWER PROJECT ON TURNKEY BASIS . SECTION ... Kazi Nazrul Islam …

BANGLADESH-INDIA FRIENDSHIP POWER COMPANY (PVT.) LIMITED

(A JOINT VENTURE OF BPDB AND NTPC LTD.)

(BIFPCL, DHAKA)

BIDDING DOCUMENTS FOR

2x660 MW MAITREE SUPER

THERMAL POWER PROJECT ON TURNKEY BASIS

SECTION - VI

BIDDING DOCUMENT NO. : BIFPCL/EPC-MAIN PLANT/2015

(This document is meant for the exclusive purpose of bidding against this Bid Document No. / Specification and shall not be reproduced or otherwise used for

purposes other than that for which it is specifically issued).

TABLE OF FORMS AND PROCEDURES

Sl.No. Description 1. i) Bid Form and Attachments - Envelope-I (Techno-commercial) Bid

ii) Bid Form, Attachments and Price Schedules- Envelope-II (Financial) Bid

2. Bid Security Form - Bank Guarantee 3. Forms of Notification of Award 4. Form of Contract Agreement 5. Security Forms a. Performance Security Forms b. Advance Security Forms 6. Form of Financial Schedules 7. Form of Deviation Schedules 8. Form of List of References for Bidder and Qualified Manufacturers 9. Bank Guarantee Form for Final Acceptance Certificate Payment 10. Forms of Deed of Joint Undertaking for Qualifying Requirement 11. Form of Bank Guarantee to be furnished by executants of DJU other than Contractor 12. Form of Authorization Letter Procedure

1. Payment Procedure

FORMS

1. (i) BID FORM

ENVELOPE - I (TECHNO-COMMERCIAL BID)

BID FORM (TECHNO-COMMERCIAL BID)

Page 2 of 5

BID FORM (ENVELOPE - I: TECHNO-COMMERCIAL BID) IFB No.: Date: ...................... Name of Contract: 2x660 MW MAITREE SUPER THERMAL POWER PROJECT ON

TURNKEY BASIS To Managing Director, BIFPCL Level-17, Borak Unique Height 117, Kazi Nazrul Islam Avenue, Eskaton Garden, Dhaka, Pin 1217, Bangladesh 1.0 Having examined the Bidding Documents bearing no. …………….., including

subsequent amendments ............................. and clarifications............................., if any (Insert Numbers), the receipt of which is hereby acknowledged, we, the undersigned, offer to design, manufacture, test, deliver, install and commission (including carrying out Guarantee Test) the Work under the above-named package in full conformity with the said Bidding Documents.

2.0 Attachments to the Bid form (Techno-Commercial Bid) :

In line with the requirement of the Bidding Documents we enclose herewith the following Attachments to the Bid Form :

(a) Attachment 1: Bid Security. Bid Security in the form of bank guarantee from

.................................................... (Please fill in the details of the bank chosen), endorsed/ confirmed by ………………………………………… (Please fill in the details of the bank in Bangladesh) for a sum of USD .......................................................................................... ................................................................................. (amount in words & figures) valid for a period of 225 days from the date set for opening of bids. As required, the Attachment-1 (i.e. Bid Security) has also been furnished in a separate sealed envelope.

(b) Attachment 2: Power of Attorney. A power of attorney duly authorised by a

Notary Public indicating that the person(s) signing the bid has/have the authority to sign the bid and that the bid (Techno-Commercial Bid and Finnacial Bid) is binding upon us during the full period of its validity in accordance with ITB Clause No.13, has been enclosed.

(c) Attachment 3 : The documentary evidence establishing in terms of Section

ITB 8.1.1.3 (c) that we are qualified to perform the Contract if our bid is accepted. The qualification data has been furnished enclosed as

attachment-3. Moreover, we have also submitted the deed of joint

undertaking as Attachment 3D, and the Deed of Indemnity-cum-Guarantee as Attachment 3F, in accordance with the ITB.


Page 3 of 5

(d) Attachment 4: The documentary evidence establishing in accordance with ITB Clause 2.4, and 8.1.1.3 (d) that the facilities offered by us are eligible facilities and conform to the Bidding Documents, has been furnished as Attachment 4.

(e) Attachment 5: Technical Deatails. All Technical Data, guarantee figures

(including Function Guarantees), details of major suppliers, and other relevant technical data, information, and supporting documentations, in the format enclosed with FTS, Section V, Part B.

(f) Attachment 6: Certificate for Compliance to All Provisions of Bidding Documents/ Certificate of Compliance confirming that no deviation has been taken by us in Envelope-I (Techno-commercial) Bid and Envelope-II (Financial) Bid. Further, this certificate is also enclosed in a separate sealed envelope.

(g) Attachment 7: Submission of Deviations. The unpriced deviations are

attached in accordance with ITB Clause 8.1.1.3 (g).

(h) Attachment 8: Financing Proposal and Supporting Letters from ECAs and Lenders for Bidder’s Financing (To be submitted along with Techno-Commercial Bid : Envelope-I) Financing Proposal and Supporting Letters from ECAs and Lenders for Bidder’s Financing are attached in accordance with ITB Clause 8.1.1.3 (h)

(i) Attachment 9: Contract Schedule. The Contract Schedule of the Bidder

along with master network showing the timing and sequence of all key activities / important milestones necessary for successful completion of the Contract has been submitted.

(j) Attachment 10: List of Spares. The list of spares in line with clause 3.7 of BO of Technical Specification and as per format of Schedule-3 of Envelope-II (Financial) Bid Form without including price is enclosed herewith.

(k) Attachment 11: Additional Information. The other relevant additional information is provided in Attachment 11.

(l) Such other Attachments as required to be submitted with the Techno-Commercial in accordance with the Bidding Documents, are attached as below : [insert]

The various attachments for the Financial Bid, as set forth under ITB Clause 8.3, have been submitted with the Financial Bid in Envelope-II. We are further confirming that the Bidder’s Financing Proposal has been duly attached with the Financial Bid in accordance with the requirements of the Bidding Documents.

We agree and acknowledge that a Financial Bid submitted without the Bidder’s

Financing Proposal (in the manner prescribed in the Bidding Documents), shall

entitle the Employer to reject the Bid of the Bidder (notwithstanding that the Techno-

Commercial Bid of the Bidder may have previously been found responsive), and also


Page 4 of 5

entitle the Employer to enforce the Bid Security.

3.0 Compliance with Bidding Documents: We have read all the provisions of Bidding Documents and confirm that notwithstanding anything stated elsewhere in our bid to the contrary, the provisions of Bidding Documents are acceptable to us and we further confirm that we have not taken any deviation to all the provisions of bidding documents. We agree and acknowledge that the deviation indicated by us in Attachment-7 of the Techno-Commercial Bid and Attachment-7F of the Financial Bid shall not be given any consideration during evaluation of Envelope-I (Techno-Commercial) Bid and Envelope-II (Financial) Bid as our Bid is fully compliant Bid. The deviations shall be considered only if we determined by the Employer to be lowest evaluated bidder.

We have also furnished the Certificate for "Compliance to all Provisions of Bidding Documents", as per the proforma in ATTACHMENT-6 in a separate sealed envelope. We further understand that in the absence of the above certificate as per Attachment-6 in a separate sealed envelope, our bid shall be rejected and shall be returned to us unopened.

3.1 We further declare that additional conditions, variations, deviations, if any, found anywhere in the proposal, save those pertaining to any rebates offered, shall not be given effect to.

4.0 We agree to abide by this Techno-Commercial Bid for a period of 180 days from the

date of opening of Techno-Commercial Bid as stipulated in Bidding Documents, unless extended by us on your request and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period.

5.0 We undertake, if our bid is accepted, to commence the Works immediately upon your

Notification of Award (in accordance with the Notification of Award), and to achieve completion of the Works and conduct Guarantee Tests within the time specified in the Bidding Documents.

5.1 If our bid is accepted, we undertake to provide Advance Payment Bank Guarantee,

Performance Security and securities (as applicable), and other submissions in the form (and amounts, where applicable) and within the times specified in the Bidding Documents.

6.0 We agree to abide by this bid for a period 180 days from the date of opening of

Techno-Commercial bids as stipulated in the Bidding Documents and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period.

7.0 Until a formal Contract is prepared and executed between us, this bid, together with

your written acceptance thereof in the form of your Notification of Award shall constitute a binding contract between us.

8.0 We understand that you are not bound to accept the lowest or any other bid you may

receive. 9.0 We, hereby, declare that only the persons or firms interested in this proposal as

principals are named here and that no other persons or firms other than those


Page 5 of 5

mentioned herein have any interest in this proposal or in the Contract to be entered into, if the award is made on us, that this proposal is made without any connection with any other person, firm or party likewise submitting a proposal, is in all respects for and in good faith, without collusion or fraud. Dated this...........................day of..........................20................... Thanking you, we remain,

Yours faithfully, Date: (Signature)......................................... Place: (Printed Name)..................................

(Designation)....................................

(Common Seal)................................. Business Address:

Country of Incorporation (Province also to be indicated):

Fax No.:

Phone No:

Email: Note: 1. Bidders may note that whenever no prescribed proforma has been enclosed. Bidders may use their own proforma for furnishing the required information with the Bid.

ATTACHMENT - 1 Page 1 of 1

2x660 MW MAITREE SUPERTHERMAL POWER PROJECT ON TURNKEY BASIS

BIDDING DOCUMENT NO.: BIFPCL/EPC-MAIN PLANT/2015

BID SECURITY

BIDDER TO FURNISH BID SECURITY IN LINE WITH ITB CLAUSE 12.0 AND AS PER FORMAT GIVEN

AT FORM 2 OF SECTION VI (FORMS & PROCEDURES)




POWER OF ATTORNEY

BIDDER TO ATTACH THE POWER OF ATTORNEY (POA) IN ACCORDANCE WITH CLAUSE 2.0 (b) OF BID FORM (TECHNO-COMMERCIAL)

ALONGWITH BOARD RESOLUTION / POA OF AUTHORIZED SIGNATORY




(Qualification Data)

Bidder's Name & Address: To, Managing Director,BIFPCL Level-17, Borak Unique 117, KaziNazrul Islam Avenue, Eskaton Garden, Dhaka, Pin 1217,Bangladesh

Dear Sirs, We seek qualification under Clause 8.1.1.3of Section ITB and para no. 1.1, 2, and 3 of Clause No. 7 of IFB, Section-I and our qualification data in support thereof is enclosed in the following Attachments:

1. Attachment 3A : Experience Details of Bidder 2. Attachment 3B: Details of Reference Plants, EPC Experience, and Manufacturing

Experience 3. Attachment 3C: Necessary and detailed evidence including certificate(s) from the end

user, along with his Technical Bid, to satisfy the requirement of the IFB Clause 7. The certificate should mention the name of the power plant, number, capacity and commissioning date of the power plant (make), issue date, name and address (telephone/fax/e-mail) of the end user duly signed in the official pad. Without such certificate(s) or when certificate(s) are un-satisfactory to the Employer, the Bid shall be considered non-responsive.

4. Attachment 3D : Deed(s) of Joint Undertaking (if applicable) in terms of IFB 5. Attachment 3E: Letter of Undertaking/Confirmation in terms of IFB 6. Attachment 3F: Undertaking-cum-Guarantee in terms of IFB 7. Attachment 3G: Financial Qualification of Bidder 8. Attachment 3H:Consortium Agreement inter-se all the Consortium Members (if Bid is

submitted as Consortium) 9. Attachment 3I: Any other information in terms of the IFB

We further understand and agree that any misleading or false information furnished by us may result in summary rejection of our bid : Date: (Signature)....................................................... Place: (Printed Name)................................................

(Designation)................................................... (Common Seal).............................................


Note :

1. The Bidder shall enclose relevant documents like copies of authentic

purchase order, completion certificates, agreements etc. supporting the details/data provided in Attachments 3A, 3B and 3C.

2. Attachment 3D, 3E, 3F, 3G and 3H shall be executed on stamp paper of

appropriate value, and duly signed by the authorised representatives of the relevant parties, and where executed in a territory outside Bangladesh, duly apostilled and/ or consularised as per Applicable Laws.

3. Attachment 3B is to be submitted in the form specified in Form-8 of Section VI of the Bidding Documents.

4. Attachment 3D, 3Eand 3F is to be submitted in the form specified in Section VI of the Bidding Documents.

5. Attachment 3H does not have a specified format, and Bidders may use any format consistent with Applicable Laws and the requirements of the ITB.

6. * Strike out whichever is not applicable.




Bidder's Name &Address : To, Managing Director,BIFPCL Level-17, Borak Unique 117, KaziNazrul Islam Avenue, Eskaton Garden, Dhaka, Pin 1217, Bangladesh

BIDDER TO ATTACH DOCUMENTARY EVIDENCE ESTABLISHING IN ACCORDANCE

WITH CL. NO. 2.0 (d) OF BID FORM THAT THE FACILITIES OFFERED ARE ELIGIBLE FACILITIES AND CONFORM TO THE BIDDING DOCUMENTS.




(Technical Data)

Bidder's Name & Address: To,

Managing Director,BIFPCL Level-17, Borak Unique 117, KaziNazrul Islam Avenue Eskaton Garden, Dhaka, Pin 1217,Bangladesh

All technical data, guarantee figures (including Functional Guarantees), details of suppliers,

and other relevant technical data, information, and supporting documentations, in the format

enclosed with FTS, Section V, Part B of Bidding Document is enclosed herewith. Further,

one set of Complete documents of Section-V initiated and stamped on every page is

enclosed herewith.


2x660 MW MAITREE SUPERTHERMAL POWER PROJECT ON TURNKEY BASIS BIDDING DOCUMENT NO.: BIFPCL/EPC-MAIN PLANT/2015

CERTIFICATE OF COMPLIANCE

Bidder's Name and Address: ...................................................... To Managing Director, BIFPCL Level-17,Borak Unique Height, 117, KaziNazrul Islam Avenue, Eskaton Garden, Dhaka, Pin 1217, Bangladesh Dear Sir, 1. With reference to our Bid No................................... dated..................for the 2x660

MW MAITREE SUPER THERMAL POWER PROJECT ON TURNKEY BASIS pursuant to Bid Document No. ……………………….. dated ……………………….. we hereby confirm that the Provisions of Bidding Documents are acceptable to us and we have not taken any deviation in this regard in our base Techno-Commercial and Financial Bid.

2. We further confirm that any deviation to Bidding Documents are found anywhere in

our Bid, implicit or explicit, the same shall stand unconditionally withdrawn, without any cost implication whatsoever to Employer, failing which the bid security provided by us, shall be liable to be forfeited.

3. We further confirm that we have furnished the Financial Bid (including the Bidder’s

Financing Proposal) in line with the requirement of ITB. We further confirm that if our statement is found to be incorrect, our bid shall be liableto be rejected.

Date : (Signature):.................................................... Place : (Printed Name):..............................................

(Designation): ................................................. (Seal): .............................................................

Note : The above certificate is to be submitted in a separate sealed envelope. In the

absence of this certificate the bid shall be rejected and shall be returned unopended.




SUBMISSION OF DEVIATIONS

BIDDER TO SUBMIT THE DEVIATIONS IN ACCORDANCE WITH CLAUSE 2.0 (g) OF BID FORM (TECHNO-COMMERCIAL)

BY ATTACHING THEM AS PER FORMAT GIVEN AT FORM 7 OF SECTION VI (FORMS & PROCEDURES)

NOTE: THE SUBMISSION OF DEVIATIONS IN THE PRESCRIBED FORMAT HAS TO BE

FURNISHED UNPRICED




Bidder to submit Financing Proposal and Supporting Letters from ECAs and Lenders for Bidder’s Financing in accordance with clause 2.0 (h) of Bid Form (Techno-

Commercial)



CONTRACT SCHEDULE

BIDDER TO ATTACH CONTRACT SCHEDULE IN ACCORDANCE WITH CLAUSE 2.0(i)

OF BID FORM (TECHNO-COMMERCIAL)



DETAILS OF SPARES

BIDDER TO ATTACH DETAILS OF SPARES IN ACCORDANCE WITH CLAUSE 2.0(J) OF BID FORM (TECHNO-COMMERCIAL) AND

AS PER FORMAT GIVEN AT SCHEDULE 3 OF SECTION VI (FORMS & PROCEDURES)

NOTE: THE DETAILS OF SPARES IN THE PRESCRIBED FORMAT HAS TO BE FURNISHED UNPRICED FOR THE

TECHNO-COMMERCIAL BID




ADDITIONAL INFORMATION

BIDDER TO ATTACH ADDITIONAL INFORMATION IN ACCORDANCE WITH CLAUSE 2.0(k) OF BID FORM (TECHNO-COMMERCIAL)

Price Schedules

Schedule-1: Price Breakdown

2x660 MW Maitree STPP Price Break Down EPC Turnkey Price

(Fixed Lump Sum Prices for both Units)

Local Share Foreign Share

Currency Price Currency Price

B1: Steam generator plants BDT USD

B2: Steam turbine generator

plants

BDT USD

B3: Air and flue gas systems BDT USD

B4: Fuel and Ash handling

systems

BDT USD

B5: Cooling systems BDT USD

B6: Water treatment systems BDT USD

B7: Electrical and associated

works

BDT USD

B8: Instrumentation and Control

works

BDT USD

B9: Civil Works BDT USD

B10: 400kV & 230kV Substation BDT USD

B11: Jetty BDT USD

B12: Auxiliaries BDT USD

B0.3.3.1 Insurances BDT USD

B0.3.4: Packing and transportation BDT USD

B0.3.5: #Erection, commissioning

and testing

BDT USD

B0.3.6: Training BDT USD

B0.3.7.1: Spare Parts **(Total Price) BDT USD

B0.3.7.2: Tools and appliances BDT USD

B0.3.7.3: Consumables BDT USD

B0.3.8: Documentation BDT USD

2x660 MW Maitree STPP Price Break Down EPC Turnkey Price

(Fixed Lump Sum Prices for both Units)


Currency Price Currency Price

***Total EPC Turnkey Price

(Fixed Lump Sum Price to Bid Form)

* References to B0-12 are to the corresponding provisions of Part B of Section V of the

Bidding Documents.

** Bidder to indicate Breakup of spares Parts in Schedule-3.

*** The above Total EPC Turnkey Price shall be Base Bid Price without considering any

Deviation i.e. Fully Compliant Bid

# Bidder to Consider at least 15% of Total EPC Turnkey Price for Erection, commissioning and testing

SCHEDULE-2A: *OPTION PRICES

2x660 MW Maitree STPP Price Break Down Option Prices

(Fixed Lump sum Prices for both Units)


Unit Price Unit Price

Option 3.1 Absorber made of concrete

**(Reduction/Addition Price)

BDT USD

Option 3.2: Combined Limestone System for

Both Units

**(Reduction/Addition Price)

BDT USD

* If the above options shall be exercised by Employer the above system shall be replaced

from the respective system already considered in the scope and the EPC Turnkey Price

(Schedule-1) shall be revised by the above indicated prices.

**Bidder to indicate clearly whether the price shall be reduction or addition in EPC Turnkey

Price (Schedule-1) if the above options are exercised and strike off accordingly.

SCHEDULE-2B: *TAKE OUT PRICES

2x660 MW Maitree STPP Price Break Down Take Out Prices

(Fixed Lump sum Prices for both Units)


Unit Price Unit Price

Option 4.1: Take-out of coal yard roof

coverage

(Take-out price)

BDT USD

Option 4.2: Coal blending silos

(Take-out price)

BDT USD

* If the above Take Out options shall be exercised by Employer the above system shall be

deleted from scope and the EPC Turnkey Price (Schedule-1) shall be reduced by the above

indicated prices.

SCHEDULE 3: FORM OF SPARE PARTS DETAILS & PRICES

Section B0.3.7.1: SPARE PARTS DETAILS & PRICES ( FOR BOTH UNITS)

Section (please indicate):

Schedule of prices Spare parts

Item Description Unit Quantity service life

operating

hours

Currency Rate

per unit

Amount

Vendor address, phone,

email

SCHEDULE 4: FORM OF PRICES FOR EXTRA WORKS

PRICES FOR EXTRA WORKS

Item Description Unit Quant. Currency Rate

per

item

Amount

Total

A Hourly workday rates

including all fees

1 Engineer hour 1

2 Senior Engineer hour 1

3 Draftsman hour 1

4 Secretary hour 1



per

item

Amount

Total

5 Labourer (unskilled) hour 1

6 Labourer (semi-skilled) hour 1

7 Mason/Concrete layer hour 1

8 Carpenter hour 1

9 Bar-bender/steel fixer hour 1

10 Steel erector hour 1

11 Welder hour 1

12 Welder's assistant hour 1

13 Painter hour 1

14 Truck driver hour 1

15 Pick-up driver hour 1

16 Crane operator hour 1

17 Excavator operator hour 1

18 Bulldozer/grader operator hour 1

B Material rates

1 Excavation

Necessary measures for

stabilizing the pit walls are

included in the unit rates.

Basis for payment is a slope

of 45° starting from slope foot

(05 m working space outside

foundation edge) irrespective

of lining measures.



per

item

Amount

Total

1.1 Wide spread excavations of

unsuitable materials above

groundwater table including

removal of excavated soil

m3 1

1.2 As item 1.1 but below

groundwater table (including

dewatering)

m3 1

1.3 Excavation of foundation pits

or soil trenches etc. above

groundwater table including

soil removal (for payment

volume) above the plan area

of foundation or pipe plus

max. 0.5 m working space in

foundation in every direction

m3 1

1.4 As item 1.3 (and similar to

item 1.2) but below

groundwater table

m3 1

2 Fill

Rebuilding of pit wall

supporting measures

included. Payment conditions

as item 1 or 1.3 above. All

testing included.

2.1 Filling wide spread areas by

using "select fill" including

delivery of material,

compaction and re-

compaction of excavated

level

m3 1

2.2 As item 2.1 but using ordinary

fill

m3 1



per

item

Amount

Total

2.3 As item 2.1 but

filling/backfilling pits, trenches

etc.

m3 1

2.4 As item 2.3 but using ordinary

fill

m3 1

2.5 Placing and removal of fill

(not compacted) to be used

as surcharge including

settlement gauges

installation, settlement

measurement and reporting

about measured settlements

m3 1

2.6 Filling with "special fill", e.g.

covering areas with a layer

against erosion etc., no

compaction

m3 1

2.7 As item 2.6 but compacted

according to requirements of

"select fill"

m3 1

3 Boreholes



per

item

Amount

Total

Execution of boreholes (min.

inner diameter of casing 10

cm) for soil investigation

purposes including the

extraction of disturbed and

undisturbed samples,

executing SPT's every 1.5 m

testing the soils according to

spec. reporting. Cost for

mobilization and

demobilization of equipment

included. This item is only

paid for if ordered by the

Employer in writing prior to

start of work.

M 1

4 Plate load test

For fill compaction or natural

soil strength testing purposes

(min. plate diameter 50 cm).

The test can be executed up

to twice the corresponding

foundation working load, min.

300 kNm2, including

mobilization, demobilization

and reporting. Only to be

executed on request of the

Employer.



per

item

Amount

Total

5 Concrete

5.1 Lean concrete, 50 mm thick m3 1

5.2 Reinforced concrete under

use of sulphate resisting

cement (grade 25)

m3 1

5.3 Reinforced concrete under

use of OPC (grade 25)

m3 1

6 Reinforcement

6.1 Reinforcement high tensile

steel bars

t 1

6.2 High tensile fabric mesh t 1

7 Formwork

7.1 Formwork, wrought (shaped

or not)

m2 1

8 Steelwork

8.1 Structural steel T 1

8.2 Non-structural steel, small

items

T 1

8.3 Non-shrink grout for anchor

bolts and base plates

T 1

9 Painting



per

item

Amount

Total

9.1 Painting of steel m2 1

9.2 Coating of concrete surfaces

with bituminous emulsion, 2

mm thick

m2 1

9.3 External emulsion painting on

render and concrete surfaces

m2 1

9.4 Internal emulsion painting on

plaster and concrete surfaces

m2 1

9.5 Acid resistance paint m2 1

9.6 Epoxy resin based coating for

cement flooring and industrial

flooring

m2 1

9.7 Oil resistant paint m2 1

10 Miscellaneous

10.1 Placing of UPVC pipes,

diameter 50 mm,

for cables inside concrete

foundations

m 1

10.2 Placing and spreading of

stone chippings to the

thickness required

m2 1

10.3 Chain link mesh wire fencing,

as specified, excluding gates

m 1

10.4 Gate, 6 m wide No. 1

10.5 Galvanized steel manhole

covers, 800 x 800 m, inside

building

No. 1

10.6 Step irons, galvanized No. 1



per

item

Amount

Total

10.7.1 Piles (bored), dia 30 cm m 1



10.8.1 Piles (rammed), size 25/25 m 1

10.8.2 Piles (rammed), size 35/35 m 1

11 Masonry

11.1 Closing of blockouts after

laying of cables and pipes

(quality shall comply with

strength of blockwork)

m3 1

11.2 Brickwork 25 cm thick, max.

heat conductivity 0.85 W/m

Kh.

m3 1

11.3 Brickwork 20 cm thick m3 1

11.4 Brickwork fairfaced outside,

25 cm thick

m3 1

11.5 Brickwork 12 cm thick m3 1

11.6 Chiselling of holes into

masonry or blockwork

m3 1

11.7 Closing of blockouts in walls

after laying of cables and

pipes

m3 1

11.8 Fire resistant filling or foam

sealant in walls and slabs

after laying of cables

("Flammadur" or approximate

equivalent)

kg 1



per

item

Amount

Total

12 Doors and windows

12.1 External double leaf door,

fireproof (thermal resistivity

for 90 minutes)

No. 1

12.2 Steel frame window with

double thermal insulation,

hinges and appurtenances,

window size: up to 2 m2

m2 1

13 Finishing works

13.1 Ceramic wall tiles m2 1

13.2 Rendering 2 cm in two layers m2 1

13.3 Plastering on block-/brickwork

and insulation boards

m2 1

13.4 Plastering on concrete

surfaces

m2 1

13.5 Plastering on all other

surfaces by means of special

rendering base

m2 1

13.6 Roof waterproofing and

insulation (including flushing)

m2 1

13.7 Placing of gravel, 5 cm thick

as protective layer

m2 1

13.8 Cement wash m2 1



per

item

Amount

Total

C Equipment Rates

1 Truck, 5 tons hour 1

2 Pick-up truck hour 1

3 10/7 Concrete mixer hour 1

4 7/5 Concrete mixer hour 1

5 Concrete vibrator hour 1

6 Crane, 5 tons hour 1

7 Welding equipment including

oxygen, carbide and welding

rods for one welder

hour 1

8 Compressed air plant hour 1

9 Site generator hour 1

10 Use of one hose and

jackhammer with compressor

hour 1

11 Bulldozer D8 hour 1

12 Hydraulic excavator hour 1

13 Scraper/grader hour 1

14 Site water plant hour 1

15 Drainage pump hour 1

16 Drainage pump hour 1

1. (ii) BID FORM

(ENVELOPE-II: FINANCIAL BID)

BID FORM (FINANCIAL BID) Page 2 of 5

Signature of authorized signatory.........................

BID FORM (ENVELOPE - II: FINANCIAL BID)

IFB No.: Date: ......................

Name of Contract: 2x660 MW MAITREE SUPER THERMAL POWER PLANT

PACKAGE ON TURNKEY BASIS To Managing Director, BIFPCL, Level-17, Borak Unique Height, 117, Kazi Nazrul Islam Avenue, Eskaton Garden, Dhaka, Pin 1217, Bangladesh Gentlemen and/or Ladies,

1.0 Having examined the Bidding Documents bearing no………., including subsequent

amendments ........................... and clarifications............................., if any (Insert Numbers), the receipt of which is hereby acknowledged, we, the undersigned, offer to design, manufacture, test, deliver, install and commission (including carrying out Guarantee Test) the Facilities under the above-named package in full conformity with the said Bidding Documents for the sum of:

.............................................................................................................................. (Amount in Foreign Currency ( in Figures))

and

...............................................................................................................................

(Amount in Local Currency ( in Figures))

or such other sums as may be determined in accordance with the terms and conditions of the Contract.

2.0 Attachments to the Bid form (Financial Bid) :

In line with the requirement of the Bidding Documents we enclose herewith the following Attachments to the Bid Form:

(a) Attachment 1F: Bidder’s Financing Proposal. The Bidder Financing Proposal, is attached herewith in accordance with ITB Clause 8.3(a) and ITB close 9.

(b) Attachment 2F: ECA Letter of Support. The requisite ECA Letter of Support is attached herewith in accordance with ITB Clause 8.3(b) and ITB close 9;



(c) Attachment 3F: Lenders Letter of Support. The requisite Lenders Letter of Support is attached herewith in accordance with ITB Clause 8.3(C) and ITB close 9;

(d) Attachment 4F: Commercial Bank Facility Letter of Support. The requisite Letter of Intent is attached herewith in accordance with ITB Clause 8.3(d) and ITB close 9;

(e) Attachment 5F: Multilateral Letter of Support. The requisite Multilateral Letter of Intent is attached herewith in accordance with ITB Clause 8.3(e) and ITB close 9;

(f) Attachment 6F: Financing Schedules. The requisite Financing Schedule is attached herewith in accordance with ITB Clause 8.3(f) and ITB close 9.8;

(g) Attachment 7F: Cost of Deviations. The priced deviations to the Financial Bid are attached in accordance with ITB Clause 8.3 (g).

(h) Attachment 8F: Details of Spares. The Bidder has provided the priced details and prices for the proposed spares by using price breakdown “Spare Part Details & Prices” as set forth in the Price Schedule 3 of Section VI. The unpriced details of these spares have been separately submitted as Attachment 10 in the Techno-Commercial Bid.

(i) Such other Attachments as required to be submitted with the Financial Bid in accordance with the Bidding Documents, are attached as below : [insert]

The various attachments for the Techno-Commercial Bid, as set forth under ITB Clause 8.1.1.3, have been submitted with the Techno-Commercial Bid in Envelope-I.

3.0 PRICE SCHEDULE :

In line with the requirements of the Bidding Documents, we enclose herewith the following Price Schedules, duly filled-in as per your proforma:

Schedule No. 1 Price Breakdown for the Works (Fixed Lump sum Price for

both Units) Schedule No. 2A Schedule of Option Prices Schedule No. 2B Schedule of Take Out Prices

Schedule No. 3 Schedule of Spare Parts Prices (Prices of Spare Parts

indicated in Attachment 10 of Techno-Commercial) Bid. Schedule No. 4 Schedule of Prices for Extra Works Schedule No. 5 Not used

3.1 We are aware that the Price Schedules do not generally give a full description of the work to be performed under each item and we shall be deemed to have read the Technical Specifications, Drawings and other sections of the Bidding Documents to ascertain the full scope of work included in each item while filling in the rates and prices. We agree that the entered rates and prices shall be deemed to include the full scope as aforesaid, including overheads and profit.



3.2 We understand that in the price schedule, where there are discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between sub totals and the total price, (even in case of carry forward of prices) the unit or subtotal price shall prevail and the total price shall be corrected accordingly. We further understand that where there is discrepancy between amounts stated in figures and amounts stated in words, the amount stated in words shall prevail. Similarly, in case of any discrepancies between the total bid price and the summation of Schedule prices (price indicated in a Schedule indicating the total of that Schedule), the total bid price shall be corrected to reflect the actual summation of the Schedule prices.

3.3 We declare that prices left blank in the Schedules will be deemed to have

been included in the prices of other items. The total for Schedule No. 1 shall be deemed to be the total price for executing the Works in complete accordance with the Contract, whether or not each individual item has been priced.

4.0 We confirm that except as otherwise specifically provided, our Financial Bid

include all taxes, including service tax, duties, levies and charges, as may be assessed on us, our Sub-Contractor/sub-vendor inside and outside of Bangladesh.

4.1 We understand that notwithstanding Clause 4.0 above, the liability and payment of

taxes in relation to the Works shall be as set forth in the General Conditions of Contract.

5.0 We undertake, if our bid is accepted, to commence the Works immediately upon

your Notification of Award to us and to undertake the Works and including requisite Guarantee Tests to attain the PAC within the time specified in the Bidding Documents.

5.1 If our bid is accepted, we undertake to provide Advance Payment Bank

Guarantee, Performance Securities, and other payment securities in the form and amounts and within the times specified in the Bidding Documents.

6.0 We agree to abide by this Financial Bid for a period 180 days from the

date of opening of Techno-Commercial Bid as stipulated in the Bidding Documents and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period.

7.0 Until a formal Contract is prepared and executed between us, this bid, together

with your written acceptance thereof in the form of your Notification of Award shall constitute a binding contract between us.

8.0 We understand that you are not bound to accept the lowest or any other bid

you may receive. 9.0 We, hereby, declare that only the persons or firms interested in this proposal as

principals are named here and that no other persons or firms other than those mentioned herein have any interest in this proposal or in the Contract to be entered into, if the award is made on us, that this proposal is made without any connection with any other person, firm or party likewise submitting a proposal, is in all respects for and in good faith, without collusion or fraud.

Dated this...................................day of….........................20...................



Thanking you, we remain,

Yours faithfully, Date: (Signature)......................................... Place: (Printed Name)..................................

(Designation)..................................... (Common Seal).................................

Business Address: Country of Incorporation (Province also to be indicated): Fax No: Phone No: Mobile No: Email ID:

Note: 1. Bidder may note that the Attachments 2F, 3F, 4F and 5F are to be

submitted only to the extent that the same are contemplated in terms of Bidder Financing Proposal. Provided that the foregoing shall be without prejudice to the obligation of the Bidder Financing Proposal to comply with the requirements of the Bidding Documents including specifically ITB Clause 9.


ATTACHMENT – 1F Page 1 of 1

2x660 MW MAITREE SUPER THERMAL POWER PROJECT ON TURNKEY BASIS BIDDING DOCUMENT NO.: BIFPCL/EPC-MAIN PLANT/2015

BIDDERS FINANCING PROPOSAL

BIDDER TO ATTACH BIDDER’S FINANCING PROPOSAL IN ACCORDANCE WITH CLAUSE 2.0(a) OF BID FORM (FINANCIAL BID)

AND AS PER FORMAT GIVEN AT SCHEDULE 6 OF SECTION VI (FORMS & PROCEDURES)

NOTE: FINANCING SCHEDULES TO BE PROVIDED SEPARATELY AS PART OF

ATTACHMENT 6




ECA LETTER OF SUPPORT

BIDDER TO ATTACH ECA LETTER OF SUPPORT IN ACCORDANCE WITH CLAUSE 2.0(b) OF BID FORM (FINANCIAL BID)



2x660 MW MAITREE SUPER THERMAL POWER PROJECT ON TURNKEY BASIS


LENDERS LETTER OF SUPPORT

BIDDER TO ATTACH LENDERS LETTER OF SUPPORT IN ACCORDANCE WITH CLAUSE 2.0(c) OF BID FORM (FINANCIAL BID)




COMMERICAL BANK FACILITY LETTER OF SUPPORT

BIDDER TO ATTACH COMMERICAL BANK FACILITY LETTER OF SUPPORT IN ACCORDANCE WITH CLAUSE 2.0(d) OF BID FORM (FINANCIAL BID)




MULTILATERAL LETTER OF SUPPORT

BIDDER TO ATTACH MULTILATERAL LETTER OF SUPPORT IN ACCORDANCE WITH CLAUSE 2.0(e) OF BID FORM (FINANCIAL BID)




FINANCING SCHEDULES

BIDDER TO ATTACH FINANCING SCHEDULES IN ACCORDANCE WITH CLAUSE 2.0(f) OF BID FORM (FINANCIAL BID)

AND AS PER FORMATS GIVEN AT SCHEDULE 6 OF SECTION VI (FORMS & PROCEDURES)




COST OF DEVIATIONS

BIDDER TO ATTACH FINANCING PROPOSAL FOR DEVIATIONS IN ACCORDANCE WITH CLAUSE 2.0(g) OF BID FORM (FINANCIAL BID)

AND AS PER FORMAT GIVEN AT SCHEDULE FORM 7 OF SECTION VI (FORMS & PROCEDURES)

NOTE: THE FINANCING PROPOSAL FOR NON-MATERIAL DEVIATIONS IN THE PRESCRIBED FORMAT HAS TO BE FURNISHED PRICED FOR THE FINANCIAL BID




DETAILS OF SPARES

BIDDER TO ATTACH DETAILS OF SPARES IN ACCORDANCE WITH CLAUSE 2.0(h) OF BID FORM (FINANCIAL BID)

AND AS PER FORMAT GIVEN AT SCHEDULE 3 OF SECTION VI (FORMS & PROCEDURES)

NOTE: THE DETAILS OF SPARES IN THE PRESCRIBED FORMAT HAS TO BE FURNISHED PRICED FOR THE

FINANCIAL BID

2. BID SECURITY FORM

2. Bid Security Format

Bank Guarantee

(To be stamped in accordance with Stamp Act, if any, of the Country of the issuing Bank)

Bank Guarantee No................... Date...........................................

To:

[Employer's Name and Address] Dear Sirs, In accordance with Invitation for Bids under your Bid Document No. ......................................, M/s........................................................................................................................................having its registered/head Office at..................................................................................... (In case of a Consortium please specify the name and registered/ head office of each Consortium Member) (here-in-after (collectively) called the 'Bidder') wish to participate in the said bid for [Name of Contract Package] ….........................................................................................................................................

As an irrevocable bank guarantee against Bid Security for an amount of ............................(*)...........................................valid for......................................................... days from..................................................(**)........................................required to be submitted by the Bidder as a condition precedent for participation in the said bid which amount is liable to be forfeited on the happening of any contingencies mentioned in the Bidding Documents.

We, the ........................................................................................[Name & address of the Bank].....................................................................................................................having our head office at....................................................(#)................................................... (the “Bank”) guarantee and undertake to pay immediately on demand by.....................................[Name of the Employer] (hereinafter called the 'Employer')............................................................................ the amount of ............................................(*)...................................without any reservation, protest, demand and recourse. Any such demand made by the 'Employer' shall be conclusive and binding on us irrespective of any dispute or difference raised by the Bidder.

This Guarantee shall be irrevocable and unconditional, and shall remain valid upto ............................(@)........... If any further extension of this guarantee is required, the same shall be extended to such required period (not exceeding one year) on receiving instructions from M/s ................................. [Bidder's Name]....................... on whose behalf this guarantee is issued. This Guarantee shall be payable on demand without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, tribunal, arbitrator or any other authority.

This Guarantee shall be a continuing bank guarantee and shall not be discharged by the change in constitution of the Bidder (or any member thereof) and the Guarantee shall not be affected or discharged by the liquidation, winding up, bankruptcy, reorganisation, dissolution or insolvency of the Bidder (or any member thereof) or any other circumstances whatsoever.

The Employer may assign this Guarantee to any person and in such case the Employer shall inform the Bank in writing. This Guarantee shall not be assigned or transferred by the Bank, without the consent of the Employer.

In witness where of the Bank, through its authorised officer, has set its hand and stamp on this .....................................................................day of...................................20..........at......... WITNESS :

..................................................... ..................................................... (Signature) (Signature)

..................................................... ..................................................... (Name) (Name)

..................................................... ..................................................... (Address) (Official Address)

..................................................... (Designation with Bank Stamp) Attorney as per Power of Attorney

No.................................. Dated...............................................

NOTE : 1. (*) The amount shall be as specified in the Bidding Document.

(**) This shall be the date of opening of Techno-Commercial Bids.

(#) Complete mailing address of the head office of the Bank to be given.

(@) This date shall be forty five (45) days after the last date for which the bid is valid.

2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank or the Party on whose behalf the bank guarantee is being issued.

3. This format is also applicable for a Consortium. 4. The aforesaid bank guarantee shall be authenticated/ confirmed by a

scheduled bank in Bangladesh

3. FORM OF NOTIFICATION OF AWARD

3. FORM OF 'NOTIFICATION OF AWARD OF CONTRACT'

NOTE : INSTRUCTIONS INDICATED IN ITALICS IN THIS NOTIFICATION OF AWARD ARE TO BE TAKEN CARE OF BY THE ISSUING AUTHORITY.

Ref. No. :

Date :

............(Contractor's Name & Address)...............

.............................................................................

.............................................................................

.............................................................................

Attn : Mr...........................................

Sub : Notification of Award of Contract for ............................. (Package Name) ................................................ as per Bid Document No..................................

Dear Sir,

1.0 This has reference to the following:

(i) Our Invitation for Bids (IFB) No. .............................................dated.................

(ii) Bidding Documents for the subject package issued to you vide our letter no. .................................. dated............................. comprising the following :

.......................(List out all the Sections/Volumes of the Bidding Docu- ments along with tender drawings etc. as issued to the Bidder)..........

Errata/Amendment No........................ to.................... (Name of Section/Volume of the Bidding Documents to which errata/amendment pertains) .................issued to you vide our letter no. ................ dated .............................

(Applicable only if any errata/amendment to the Bidding Documents has been issued subsequently)

(iii) Clarifications furnished to you on the Bidding Documents vide our letter no.................... dated ............................... based on the query raised by you/ one of the prospective bidders. (Use as applicable)

(Applicable only if any clarification to the Bidding Documents has been issued subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER CORRESPONDENCE MADE TO THE BIDDER AFTER ISSUANCE OF BIDDING DOCUMENTS UP TO THE DATE OF BID OPENING)

(iv) Your Proposal for the subject package submitted vide your letter No. ..................... dated...................... and its modification vide letter no. ...................................... dated .......................... (Delete if not applicable).

(v) Our fax message/letter No. .............................................

dated........................... regarding extension of validity of bid and that of the bank guarantee towards Bid Security.

(Applicable only if any extension has been sought subsequently)

(INCLUDE AS FURTHER SUB-PARAGRAPHS ANY OTHER CORRESPONDENCE MADE TO OR BY THE BIDDER AFTER BID OPENING)

(vi) Our fax message/letter No. .................................. dated...................................... inviting you for post bid discussions.

(vii) Post bid discussions and meetings we had with you from .................................... to ....................................... resulting into the following minutes of meeting enclosed herein with this Notification of Award :

(a) Minutes of meeting regarding commercial issues (APPENDIX- . ............) (b) Minutes of meeting on technical issues (APPENDIX - ...................)

(c) Minutes of meeting regarding work schedule (APPENDIX - ................)

(d) Minutes of meeting regarding quality assurance aspects (APPENDIX-

………) 2.0 We confirm having accepted your proposal submitted vide letter no. ........................

dated .......................................... and its modification vide letter no................................ dated (Delete if not applicable) read in conjunction with all the specifications, terms & conditions of the Bidding Documents, Your subsequent letters (Use if relevant) and agreed minutes of meeting referred to in para 1.0 above and award on you the Contract for the work of ............................(Indicate brief Scope of Work)...................................... of......................................... (Name of Package) .....................................for (Name of project)......................................... as per Specification No. :............................................. (hereinafter referred to as the 'First Contract').

3.0 The total Contract Price for the entire scope of work under the Contract shall be

.............(Specify the amount and currency)................ as per the price breakup set forth in Appendix 1, which shall be payable as per the payment schedule attached herewith as Appendix 2, in each case as modified by the agreed detailed payment schedule.

4.0 You shall prepare and finalise the Contract Documents for signing of the formal Contract Agreement and shall enter into the Contract Agreement with us, as per the

proforma enclosed with the Bidding Documents, on non-judicial stamp paper of appropriate value within 28 (twenty eight) days from the date of this Notification of Award.

5.0 This Notification of Award is being issued to you in duplicate. We request you to

return its duplicate copy duly signed and stamped on each page including all the enclosed Appendices, by the authorised signatory of your company as a proof of your acknowledgement and confirmation.

Please take the necessary action to commence the work and confirm action.

Yours faithfully, for and on behalf of

..........(Name of the Employer).................. (Authorised Signatory)

Encl.: As above. Appendix 1

Break-up of Financial Bid

[insert the break-up of the Financial Bid, as provided by the Contractor in terms of the Financial Bid]

Appendix 2

Quarterly Payment Schedule

[insert the quarterly payment schedule as the aggregate of the total columns [insert] and [insert] of the Financing Schedules (as submitted as per the form in Schedule 6A and Schedule 6B of Section VI), provided by the Contractor in terms of the Financial Bid, as revised to adjust the pro rata costs of accepted deviations as per the provisions of the ITB]

4. FORM OF CONTRACT AGREEMENT [Note: To be prepared. Standard draft annexed below]

4. Form of Contract Agreement

THIS CONTRACT AGREEMENT is made the____________day of___________, 20____..

BETWEEN (1) [Name of Employer], a corporation incorporated under the laws of [country of Employer] and having its principal place of business at [address of Employer] (hereinafter called “the Employer”), and (2) [name of Contractor], a corporation incorporated under the laws of [country of Contractor] and having its principal place of business at [address of Contractor] (hereinafter called “the Contractor”)

WHEREAS the Employer desires to engage the Contractor to design, engineering, manufacturing and supply of equipment and material, construction/ installation, testing, commissioning, Reliability Test Run trial operation including performance testing of 2x660 MW Maitree Super Thermal Power Plant on a turnkey basis (the “Works”) and the Contractor have agreed to such engagement upon and subject to the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

Article 1. Contract Documents 1.1 Contract Documents (Reference - GCC Clause 1). The following documents shall

constitute the Contract between the Employer and the Contractor, and each shall be read and construed as an integral part of the Contract:

a) This Contract Agreement and the Appendices hereto; b) Notification of Award (NOA), duly accepted by the Contractor; c) Amendments, Errata and Clarifications issued by the Employer with respect to the

Bidding Documents; d) The Specific Conditions of Contract as set forth in the Bidding Documents; e) The General Conditions of Contract as set forth in the Bidding Documents; f) Technical Specifications; g) Financial Bid of the Contractor; and h) Techno-Commercial Bid of the Contractor.

1.2 Order of Precedence (Reference - GCC Clause 1) In the event of any ambiguity or

conflict between the Contract Documents listed above, the order of precedence shall be the order in which the Contract Documents are listed in Article 1.1 (Contract Documents) above.

1.3 Definitions (Reference GCC - Clause 2) Capitalized words and phrases used (but

not defined) herein shall have the same meanings as are ascribed to them in the General Conditions of Contract.

Article 2. Contract Price and Terms of Payment 2.1 Contract Price (Reference ITB Clause 21.5): The Employer hereby agrees to pay

to the Contractor the Contract Price in consideration of the performance by the Contractor of its obligations hereunder. The Contract Price shall be the aggregate of : [amount of USD in words], [amount in figures], and [amount of BDT in words], [amount in figures], or such other sums as may be determined in accordance with the terms and conditions of the Contract, in accordance with Appendix 1 hereto.

2.2 Terms of Payment: The terms and procedures of payment according to which the

Employer will reimburse the Contractor are given in Appendix 1 (Terms and Procedures of Payment) (comprising of – (i) Part A – Detailed Price Breakdown; (ii) Part B – Schedules provided by the Bidder as part of the Financial Bid; and (iii) Part C – Payment Specifications) hereto.

Article 3. Contract Effective Date 3.1 Contract Effective Date (Reference GCC Clause 2): The Contract shall be deemed

to have come into effect on and from the date of the Notification of Award.

Article 4. Independent Contracting by Employer

4.1 It is expressly understood and agreed by and between the Contractor and the Employer that the Employer is entering into this Agreement solely on its own behalf and not on behalf of any other person or entity. In particular it is expressly understood and agreed that the Government of Bangladesh is not a party to this Agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that the Employer is an Independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable laws of Bangladesh and the general principles of contract law. The Contractor expressly agrees, acknowledges and understands that the Employer is not an agent, representative or delegate of the Government of Bangladesh. It is further understood and agreed that the Government of the People’s Republic of Bangladesh is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Contract. Accordingly, the Contractor expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of Bangladesh arising out of this Contract and covenants not to sue the Government of Bangladesh as to any manner, claim, cause of action or thing whatsoever arising of or under this Agreement.

Article 5. Appendices

5.1 The Appendices listed in the attached list of Appendices shall be deemed to form an integral part of this Contract Agreement. Reference in the Contract to any Appendix shall mean the Appendices attached hereto, and the Contract shall be read and construed accordingly.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be duly executed by their duly authorized representatives the day and year first above written.

Signed by for and on behalf of the Employer

__________________________________________________________ [Signature] __________________________________________________________ [Title] in the presence of _____________________________________________ Signed by for and on behalf of the Contractor _________________________________________________________________ [Signature] __________________________________________________________ [Title]

in the presence of __________________________________________________

CONTRACT AGREEMENT

dated the_______________ day of__________________, 20____________

BETWEEN

______________________________________________________________ [“the Employer”] and ______________________________________________________________ [“the Contractor”] APPENDICES

Appendix 1 Terms and Procedures of Payment Appendix 2 Insurance Requirements Appendix 3 Contract Schedule Appendix 4 Representations and Warranties Appendix 5 Approved Subcontractors

APPENDIX - 1

Terms and Procedures of the Payment The Terms and Procedures of the Payment shall consist of the following parts, in the descending order of priority.

Part –A Detailed Price Breakdown

The Parties agree that the Contractor shall within a period of [60] days from the date of execution of the Contract Agreement or the Notification of Award, provide a detailed breakdown of the Contract Price, in accordance with Part-C.

Part –B

Note: Insert schedules provided by the Bidder as part of the Financial Bid, as clarified/ modified pursuant to the evaluation process.

Part-C Payment Specifications

Note: To be inserted from the Payment Specifications

Part-D Form of Application for Payments

FORM OF APPLICATION FOR PAYMENTS

Project :

Equipment Package : Date :

Name of Contractor : Contract No. :

Contract Value : Contract Name :

Unit Reference : Applicable Serial Number :

To.

..................................................................* (Name of Employer)

Dear Sir

APPLICATION FOR PAYMENT # 1. Pursuant to the above referred Contract Agreement dated................................the

undersigned hereby applies for payment of the sum of .............................. (specify amount and currency in which claim is made).

2. The above amount is on account of: (check whichever applicable)

a) Advance Payment:

b) Sight Payments:

c) Delivery Payments:

d) Installation and Erection Services Payments:

e) Services Payments:

f) Provisional Acceptance Payment:

g) Final Acceptance Payment:

h) Extra work not specified in Contract (Ref. Contract change order No....................................):

i) Others (specify)

3. The payment claimed is as per item(s) No.(s)...................................... of the

payment schedule annexed to the above mentioned Contract.

4. The application consists of this page, a summary of claim statement , and the

following signed supporting documents

1 ...........................................................

2 ..........................................................

3 ..........................................................

Signature of Contractor/ Authorised Signatory

* Application for payment will be made to 'Engineer’ as to be designated for this

purpose at the time of Notification of Award.

# Prepare separate application for claims in different currencies.

APPENDIX - 2 PAGE 1 OF 3

INSURANCE REQUIREMENTS

(1) Insurance to be taken by the Contractor: In accordance with the provisions of GCC Clause 26, the Contractor shall at his expense take out and maintain in effect, or cause to be taken out and maintain in effect, during the performance of the Contract, the insurances set forth below in sums and with the deductibles and other conditions specified. The identity of the insurers and the form of the policies shall be subject to the approval of the Employer, such approval not to be unreasonably withheld.

--------------------------------------------------------------------------------------------------------------------------- Insurance Amount insured Deductable Conditions --------------------------------------------------------------------------------------------------------------------------- A. Marine Cargo (i) 110% of CIF value (i) Employer to be named as

in case of Plant & coinsured Equipment (including (ii) Open policy all spares and Type (iii) All risk institute cargo clause Test Charges) to be 'A'

supplied from abroad/ (iv) War, SRCC, terrorism. 110% of Ex-work Not applicable (v) Institute replacement clause, Value in case of special replacement clause Plant & Equipment (Air duty) and deferred un (including all spares packing clause and Type Test Charges) (vi) Insurers right of subrogation to be supplied from against all parties (excluding within the Employer's carrier) waived. country (vii) Warehouse to warehouse (ii) Applicable taxes and basis. duties (iii) Escalation 5% on (i) & (ii)

B. Contractor (i) 110% CIF value + Minimum (i) Installation risk, RSMTD, all risk 110% of Ex-works as per

value of Plant & insurance (ii) Air freight cover. Equipment policy (iii) Extra charge cover. (ii) Applicable Taxes & (iv) Maintenance cover Duties (v) Contractor's plant &

machinery (iii) Cost of indigenous procurement and (vi) Cross liability. free issue materials (vii) Additional custom duty for (iv) Cost of erection works imported machine (if any) for (v) Civil works price adequate value. (vi) Structural and allied (viii) Employer & Contractor's works price Sub-Contractor to be named (vii) 10% escalation on (i), (ii), as co-insured. (iii), (iv), (v) & (vi) Notwithstanding the foregoing, the aggregate coverage shall not be less than the maximum probable loss of property items covered.

C. Public For any one claim Nil (i) Contractors, sub-contractors

Liability BDT 5,000,000 to be named as co-insured. Insurance


--------------------------------------------------------------------------------------------------------------------------- Insurance Amount insured Deductable Conditions --------------------------------------------------------------------------------------------------------------------------- D. Automobile liability (i) M.V. Policy for motor vehicles, private cars & commercial vehicles ----------------------- As per local M.V. Act. (ii) CPM policy for Anything above heavy construction BDT100 lakhs covered equipment under erection all

risk policy E. Workmen's Compensation __________ As per statute___________ F. Employer's liability _______________As per statute___________ Cumulative to workmen's

compensation to cover liability not covered thereby.

G. Group personal insurance, for contractor's & subcontractor's _______________As per statute___________ employees. ----------------------------------------------------------------------------------------------------------------------------------------------------------- Note : 1. All insurers rights of subrogation against such co-insureds for losses or claims arising

out of the performance of the Contract (or against Bangladesh Power Development Board) shall be waived under such policies.

2. Notwithstanding the insurance requirements mentioned above, it would be the

Contractor's responsibility to take adequate insurance cover as may be pertinent to protect its interest and interest of the Employer. If at any point of time during execution of the Contract, if it is found that the insurance policies are inadequate, the Contractor shall take fresh insurance policies meeting aforesaid requirements. The Employer reserves the right to make suitable recovery from the Contractor, if any.

3. Any loss or damage to the Plant, materials and equipment during handling,

transportation, storage, erection, putting the equipment into satisfactory operation and all activities to be performed till the completion of the Works shall be to the account of the Contractor. The Contractor shall be responsible for preference of all claims and make good the damages or loss by way of repairs and/or replacement of Plant, materials and equipment damaged or lost. Notwithstanding the extent of insurances cover and the amount of claim available from the underwriter, the Contractor shall be liable to make good the full replacement/rectification of all the equipment/materials and to ensure their availability as per project requirement without additional financial liability to the Employer. The insurance should be in freely convertible currency and insurance policy to be taken should be on replacement value basis and/or incorporating insurance clause. The Contractor shall follow local acts and laws as may be prevalent for insurance.


4. Upon grant of extension of time for completion by Employer, the Contractor shall

promptly furnish documentary evidence to Project Manager and the Engineer towards extension of insurance policies for the period of time extension.

APPENDIX - 3

CONTRACT SCHEDULE

(The Detail work schedule (L2 Level) finalized between Employer and Contractor)


Representations and Warranties

1.1 Each Party represents and warrants to the other that:

(a) It has the corporate power to execute, deliver and perform the terms and provisions of this Contract and has taken all necessary corporate action to authorise the execution, delivery and performance by it of this Contract; and

(b) the said Party has duly executed and delivered this Contract, and this Contract constitutes its legal, valid and binding obligation enforceable in accordance with its terms hereof;

1.2 Further, the Contractor, in addition to the representations and warranties set forth in the other provisions of the Contract, also represents and warrants to the Employer that:

(a) No Payment to Influence Bid

(i) No person was or has been retained or employed to solicit this Contract upon any arrangement or understanding for the payment of any commission, fee or other compensation of any kind, except for compensation to bona fide employees of Contractor.

(ii) Neither the Contractor nor any of its affiliates nor any of its or their respective officers, directors, employees or agents (or anyone on their behalf) have made, received, provided or offered and Contractor agrees that neither it nor any such other entity or person shall make, receive, provide or offer, any gift, entertainment, payment, loan or other consideration for the purpose of influencing the procurement of any particular equipment, materials, Plant or Contractor’s Equipment or the acceptance of any particular Subcontractor or otherwise for the purpose of influencing any individual or organisation to any course of conduct in any way relating to or affecting this Contract (or the performance of the Works thereunder).

Without in any way limiting the nature of breaches which could constitute fundamental breaches of this Contract for the purposes of Clause 32 of the General Conditions of Contract, the Contractor hereby expressly agrees that breach of the foregoing representations and warranties or agreements under this paragraph 1.2(a) shall constitute a fundamental breach of the Contract and shall give the Employer the immediate right to terminate this Contract.


(b) Corporate Status

(i) Contractor is, or where the Contractor is a Consortium, the Consortium Members are, a duly organized, and validly existing and incorporated body(s) corporate incorporated or organized in accordance with the Applicable Laws of their country of incorporation;

(ii) The Contractor has power and authority to own its properties and assets and to transact the business in which it is engaged or proposes to be engaged.

(c) No Conflict

Neither the execution, delivery or performance by the Contractor of this Contract, nor compliance by it with the terms and provisions hereof, (i) will contravene any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court or Governmental Authority, (ii) will conflict or be inconsistent with or result in any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under any agreement, contract or instrument to which the Contractor is a party or by which it or any of its property or assets is bound or (iii) will violate any provision of the Contractor’s constituent documents; and

(d) Approvals

No order, consent, approval, license, authorisation or validation of, or filing, recording or registration with (except as have been obtained or made prior to the date hereof), or exemption by, any Governmental Authority, or any subdivision thereof, is required to authorise, or is required in connection with, (i) the execution, delivery and performance of this Contract or (ii) the legality, validity, binding effect or enforceability of this Contract.

(e) No Litigation

The Contractor is not a party to, and there are otherwise no Litigations, pending or threated against the Contractor, which would have a material adverse effect on the execution, delivery or performance by the Contractor of this Contract, or compliance by it with the terms and provisions hereof.

For the purposes of the foregoing, “Litigation” shall mean any action, suit, arbitration, proceeding, summons, subpoena, inquiry or investigation of any nature, civil, criminal, administrative, governmental, regulatory or other investigations,


proceedings, requisition or disputes, by or before any Governmental Authority or any arbitrator(s).

(f) No Immunity

Neither the Contractor nor any of its assets is entitled to immunity from suit, execution, attachment or other legal process in Bangladesh and shall waive any such immunity which it or any of its assets has or may acquire. Its entry into the Contract constitutes, and the exercise of its rights and performance of and compliance with its obligations under the Contract will constitute, private and commercial acts done and performed for private and commercial purposes.

1.3 A reference to the Contractor in this Appendix-4 shall, in case of the Contractor being a Consortium, mean the Consortium and each Consortium Member (in each case as defined in the ITB).

APPENDIX - 5

Approved Subcontractors The Parties agree that the following Subcontractors of the Contractor shall be deemed to have been approved for the purposes of Clause 4 of the General Conditions of Contract. [insert list of subcontractors as provided in accordance with the bid, and approved by the Employer]

5. (i) SECURITY FORM

5. (i) Performance Security Form

(To be stamped in accordance with Stamp Act if any, of the Country of the Issuing Bank)

Bank Guarantee No....... Date..................................

.... To, [Employer's Name & Address]

Dear Sirs,

In consideration of the .......[Employer's Name]........ (hereinafter referred to as the ‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s ......[Contractor's Name]............ with its registered /head office at ............................ (In case of a Consortium please specify the name and registered/ head office of each Consortium Member) (hereinafter collectively referred to as the ‘Contractor’, which expression shall unless repugnant to the context or meaning thereof, include its successors administrators, executors and assigns), a Contract by issue of Employer’s Notification of Award No. ................ dated........... and the same having been unequivocally accepted by the contractor, and the parties having agreed to enter into a “Contract” valued at ................... for ......................... for the works specified in the said Notification of Award (and the bidding documents for the same) and the Contractor having agreed to provide a Performance Security for the faithful performance of the entire Contract equivalent to .......(*).......% ( .......... percent) of the said value of the Contract to the Employer.

We ................[Name & Address of the Bank]..........having its Head Office at...........................(hereinafter referred to as the “Bank”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby issue in favour of the Employer this irrevocable and unconditional performance bank guarantee and undertake to pay the Employer, on demand any and all monies payable by the Contractor to the extent of ..................(*).................... as aforesaid at any time upto .........................(@)...................... [days/month/year] without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, tribunal, arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantee herein contained shall be enforceable (and have a claim period) till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to time to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce (or otherwise waive the enforcement of) any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the Employer. The Bank shall not be released of its obligations under these presents by any exercise by the

Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the Contractor’s liabilities.

This Guarantee shall be a continuing bank guarantee and shall not be discharged by the change in constitution of the Contractor (or any member thereof) and the Guarantee shall not be affected or discharged by the liquidation, winding up, bankruptcy, reorganisation, dissolution or insolvency of the Contractor (or any member thereof) or any other circumstances whatsoever.

This Guarantee shall not be reduced by reason of any partial performance of the Contract. The Bank’s obligations shall not be reduced by any failure by Owner to timely pay or perform any of its obligations under the Contract. This Guarantee shall be in addition to and not in substitution or in derogation of any other security held by the Employer to secure the performance of the obligations of the Contractor under the Contract.

The Employer may assign this Guarantee to any person and in such case the Employer shall inform the Bank in writing. This Guarantee shall not be assigned or transferred by the Bank, without the consent of the Employer.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to .........................(*)......................... and it shall remain in force upto and including .....................(@)...................... and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s .......[Contractor's Name}............ on whose behalf this guarantee has been given.

Capitalised terms, shall where not otherwise defined herein, to the extent not repugnant to the context, have their respective meanings given to such terms in the Contract.

Dated this ............................ day of .................. 20.................. at...........................................

WITNESS : ..................................................... .....................................................

(Signature) (Signature) ..................................................... .....................................................

(Name) (Name) ..................................................... .....................................................

(Address) (Official Address) ..................................................... (Designation with Bank Stamp) Attorney as per Power of Attorney

No..................................

Dated............................................... Notes :1. (*) This sum shall be ten percent (10%) of the Contract Price.

(@) This date will be ninety (90) days beyond the defects liability period as specified in the Contract.

2. The stamp papers of appropriate value shall be purchased in the name of

guarantee issuing Bank or the party on whose behalf the bank guarantee is being issued.

3. The bank guarantee shall be issued by a bank having a minimum rating of A-

(A minus) or equivalent by Moody/S&P and shall be (authenticated/ confirmed) by a scheduled bank in Bangladesh acceptable to the Employer.

5. (ii) BANK GUARANTEE FORM FOR ADVANCE PAYMENT

5. (ii) BANK GUARANTEE FORM FOR ADVANCE PAYMENT (To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank) Bank Guarantee No....... Date..................................


Dear Sir,

In consideration of ...........[Employer's Name].......... (hereinafter referred to as the ‘Employer’, which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s........[Contractor's Name]......... with its registered/head office at ............................... (In case of a Consortium please specify the name and registered/ head office of each Consortium Member) (hereinafter (collectively) referred to as the ‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract, by issue of Employer’s Notification of Award No. ........................... dated ................ and the same having been unequivocally accepted by the Contractor, resulting into a Contract bearing No. ................................ dated............................... valued at ................................................................................................ for ............................[Name of Contract] ...........................(hereinafter called the ‘Contract’) and the Employer having agreed to make an Advance Payment to the Contractor for performance of the above Contract amounting .............................. (in words and figures) as an advance against bank guarantee to be furnished by the Contractor.

We........[Name and address of the Bank]............ having its head office at .................................................... (hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby issue in favour of the Employer this irrevocable and unconditional Advance Payment Bank Guarantee and undertake to pay the Employer, immediately on demand any or, all monies payable by the Contractor to the extent of .....[advance amount]......... as aforesaid at any time upto ..............................(@)....................... without any demur, reservation, contest, recourse or protest and/ or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, tribunal, arbitrator or any other Governmental Authority. The Bank undertakes not to revoke this Advance Payment Bank Guarantee during its currency without previous consent of the Employer and further agrees that the guarantee herein contained shall be enforceable (and shall have a claim period) till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this Advance Payment Bank Guarantee, from time to time to vary the advance or to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty without affecting this Advance Payment Bank Guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce (or otherwise waive the enforcement of) any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other

course or remedy or security available to the Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this Advance Payment Bank Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the Contractor’s liabilities.

This Advance Payment Bank Guarantee shall be a continuing bank guarantee and shall not be discharged by the change in constitution of the Contractor (or any member thereof) and the Advance Payment Bank Guarantee shall not be affected or discharged by the liquidation, winding up, bankruptcy, reorganisation, dissolution or insolvency of the Contractor (or any member thereof) or any other circumstances whatsoever.

This Advance Payment Bank Guarantee shall stand reduced, in the manner contemplated upon the Contract, subject to the provision of a certificate of the relevant extent of reduction, duly executed by the Employer and the Contractor. The Bank’s obligations shall not be reduced by any failure by Employer to timely pay or perform any of its obligations under the Contract. This Advance Payment Bank Guarantee shall be in addition to and not in substitution or in derogation of any other security held by the Employer to secure the performance of the aforesaid amounts.

The Employer may assign this Advance Payment Bank Guarantee to any person and in such case the Employer shall inform the Bank in writing. This Advance Payment Bank Guarantee shall not be assigned or transferred by the Bank, without the consent of the Employer.

Notwithstanding anything contained hereinabove our liability under this Advance Payment Bank Guarantee is limited to .......[advance amount].......... and it shall remain in force upto and including ............................(@).............................. and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s.....[Contractor's Name]..... on whose behalf this Advance Payment Bank Guarantee has been given.


Dated this ............................. day of ...................... 20 .............. at ............... . WITNESS :

..................................................... .....................................................


(Name) (Name) ..................................................... .....................................................

(Address) (Official Address)


No.................................. Dated...............................................

Notes: 1. (@) This date shall be ninety (90) days beyond the date of completion of the entire works.

2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank or the party on whose behalf the Advance Payment Bank Guarantee is being issued.

3. The Advance Payment Bank Guarantee shall be issued by a bank having a minimum rating of A- (A minus) or equivalent by Moody/S&P and shall be (authenticated/ confirmed) by a scheduled bank in Bangladesh acceptable to the Employer.

6. FORMS FOR FINANCING SCHEDULES COMPRISED IN THE BIDDER FINANCING PROPOSAL

6. FINANCING SCHEDULES IN BIDDER’S FINANCING PROPOSAL

Form of Schedule 6A: EPC CONTRACT PAYMENT PROFILE IN US DOLLAR

Use this schedule to input the quarterly payment profile under the Contract that are to be denominated in US Dollar, for the purpose of determining the timing of payment by the Employer of cash payments from equity and the timing of disbursements from each of the Facilities. Please allocate the expected source of payment for each payment period under the Facility headings and equity. In the event the Bidder is indicating additional Facilities, please provide a separate schedule with same data.

EPC Contract Payment Profile and Facilities Drawdown Profile : Amounts in USD (000) Quarterly Periods

Facility 1 (A)

Facility 2 (B)

Facility 3 (C)

Facility 4 (D)

Facility 5 (E)

EQUITY (F)

Total (A+B+C+D+E+F)

Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Total: [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16]

Form of Schedule 6B: EPC CONTRACT PAYMENT PROFILE IN BANGLADESH TAKA

Use this schedule to input the estimated quarterly payment profile under the Contract in Bangladesh Taka, for the purpose of determining the timing of payment by the Employer of cash payments from equity and the timing of disbursements from each of the Facilities. Please allocate the expected source of payment for each payment period under the each Facility and equity. In the event the Bidder is indicating additional Facilities, please provide a separate schedule with same data.

EPC Contract Payment Profile and Facilities Drawdown Profile : Amounts in BDT (000) Quarterly Periods

Facility 1 (A)

Facility 2 (B)

Facility 3 (C)

Facility 4 (D)

Facility 5 (E)

EQUITY (F)

Total (A+B+C+D+E+F)

Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Total: [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16] [Sum Q1-Q16]

Form of Schedule 6C: FACILITIES REPAYMENT PROFILE

For each Facility, provide the percentage of repayment for each semi-annual period commencing six (6) months from COD of the second Unit. In the event the Bidder is indicating additional Facilities, please provide a separate schedule with same data.

Facilities Repayment Profile Repayment %

Repayment Periods FACILITY 1 FACILITY 2 FACILITY 3 FACILITY 4 FACILITY 5 Total P1 P2 P3 P4 P5 P6 P7 P8 P9 P10 P11 P12 P13 P14 P15 P16 P17 P18 P19 P20 P21 P22 P23 P24

Total

Form of Schedule 6D: CLOSING COSTS WORKSHEET

For each Facility indicate costs to be paid at time of first disbursement under Facilities. If any of these costs are to be capitalized into the Facility Amount, then this is to be indicated.

Facility Closing Costs Profile Year1 Amount per Facility

List of Facility Closing Costs Year1 FAC 1 FAC 2 FAC 3 FAC 4 FAC 5 Total Bank Upfront Fees (as a % of Facility Amount)

Q1

N/A 1st Year Agency Fees (USD) Legal costs (USD) Out of pocket expenses (USD) Due Diligence Costs (USD)

Recurring Annual Fees From Y2 to End of Life $ Amount per Facility List of Annual Facility Fees Year 2 Ending Year

[x]* FAC 1 FAC 2 FAC 3 FAC 4 FAC 5

Agency Fees Other Fees

*Populate based on last year of repayment of the loans. If there is a different tenor for Facilities, please indicate.

Form of Schedule 6E: ECA PREMIUM PAYMENTS

For each ECA Facility, the indicative Premium Rate charged by the ECA and the timing of payment of the ECA Premium are to be provided in this Schedule.

ECA Premium Premium Rate (%) Timing of Payment

“Upfront” or “As Drawn” or “As Margin*”

If Payment is “As Drawn”, the assumption is the amount of Premium paid per drawdown will be the

Premium Rate x Drawdown Amount

100% of Premium to be Capitalized “ Yes” or “No”

If amount is capitalized at something other than 100%

please indicate the amount.

Facility 1 Facility 2 Facility 3 Facility 4 Facility 5

*If the ECA is receiving payment of premium as interest margin on a semi-annual basis over the life of the loan, please indicate the margin amount for that ECA Facility as the Interest Margin in Schedule {6F} “Funding Costs”.

Form of Schedule 6F: FUNDING COSTS

• Base Interest Rate: Base interest rate will mean either (a) USD 6-month LIBOR or (b) the applicable Commercial Interest Reference Rate (“CIRR”) at the date of Financial Bid Submission, or another fixed rate to be indicated by the bidder. If the Bidder is indicating a fixed rate other than CIRR a detailed explanation needs to be provided as to how that fixed rate will apply to the financing.

• Interest margin is the credit risk spread to be charged by Lenders over the Base Interest Rate for each of the Facilities. • Commitment Fee is the fee charged by Lenders on the undisbursed amount of each Facility. For the purpose of evaluation of the

Financial Bid, it is assumed that the Commitment Fee for each of the Facilities will commence only at Financial Close.

Facility Cost of Funds and Commitment Fees(% per annum) Facility 1 Facility 2 Facility 3 Facility 4 Facility 5

Base Interest Rate Interest Margin Commitment Fee

FORM OF SCEHDULE 6G: CONFIRMATON OF 100% CAPITALIZATION OF INTEREST COSTS

Please indicate below by indicating “Yes” or “No” where “Yes” means that 100% of interest costs and Commitments Fees will be capitalized through the entire Availability Period. If the capitalization cost is less than 100%, please indicate the percentage.

Facilities Cost of Funds and Commitment Fees – Capitalization Confirmation Facility 1 Facility 2 Facility 3 Facility 4 Facility 5

Base Interest Rate Interest Margin Commitment Fee

7. Form of Deviation Schedule (Attachment-7)

Bidder’s Confirmation The Bidder hereby confirms that Bidder’s Technical Bid is fully compliant with the Section V - Technical Specifications (TS) requirements. However the bidder shall be allowed to declare his Technical Deviation separately:

i. without mentioning the cost of a Declared Technical Deviations in Envelope-I (Techno-Commercial) Bid, enclosed in a separate sub-envelop; ii. and with mentioning the cost of each individual Declared Technical Deviation –if any- in Envelope-II (Financial) Bid; enclose in a separate sub-

envelope.

Note: The Bidder shall indicate the price of each Declared Technical Deviation (fixed lump sum price including all services and supplies), which may in case of acceptance of a Declared Technical Deviation by Employer have an impact on the fixed EPC Turnkey Lump Sum Price (Base EPC Bid) contained in the Financial Bid and which shall apply in case of the acceptance of a Declared Technical Deviation by the Employer.

______________________________________ Bidder’s Signature and Stamp

Clarification-No.

Reference (R = RFP) (B = Bid)

RFP / Bid Item

Clarifications1 (Employer) (B = Bidder)

Discipline2 Status (OK = closed)

Price in USD Note: Prices shall be only filled in for the List of Declared Deviations which is contained in the Financial Bid

General

CG-1 [title]

[Bidder’s name (date)]

[Discipline]

Add additional rows as necessary

1 Any new entry in the clarification list needs to be specified together with the abbreviation of the originator and the corresponding date in brackets. 2 G= General; M = Mechanical; E = Electrical; I = Instrumentation and Control; C = Civil;

Clarification-No.


RFP / Bid Item




Mechanical

CM-1 [title]


M



Clarification-No.


RFP / Bid Item




Electrical

CE-1 [title]


E



Clarification-No.


RFP / Bid Item




Instrumentation & Control (I&C)

CI-1 [title]


I



Clarification-No.


RFP / Bid Item




Civil

CC-1 [title]


C



Clarification-No.


RFP / Bid Item




Section III - Gerneral Contract Conditions

GCC-1 [title]


GCC



Clarification-No.


RFP / Bid Item




Section IV - Special Contract Conditions

SCC-1 [title]


SCC



Clarification-No.


RFP / Bid Item




Section VI - Forms

Forms-1

[title]


Forms



FORM 8. List of References for Bidder and Qualified Manufacturers

Bidder’s Confirmation The Bidder hereby confirms that the submitted information on reference plants of the EPC contractor and the qualified manufacturers is correct and up-to-date. The Bidder confirms that the mentioned reference plants have been supplied by the EPC contractor and not by licensees or other companies. The Bidder hereby confirms that all mentioned reference units fulfil the requirements of the qualification requirements. ______________________________________ Bidder’s Signature and Stamp

EPC Reference Plants

Unit Reference Plant 1

Reference Plant 2

Reference Plant 3

Reference Plant 4

Reference Plant 5

Project Name

Location -

Country -

Plant owner -

Name -

Phone number -

E-mail address -

Plant capacity MWe net

Plant technology Supercritical

Steam conditions

SH temperature °C

SH pressure Bar

RH temperature °C

Year of contract -

Year of commercial operation

-

Annual availability -

Reference Plants of Qualified Steam Generator Manufacturer


Reference Plant 2

Reference Plant 3

Reference Plant 4

Reference Plant 5

Project Name

Location -

Country -

Plant owner -

Name -

Phone number -

E-mail address -



Steam conditions

SH temperature °C

SH pressure Bar

RH temperature °C

Year of contract -


-


Reference Plants of Qualified Steam Turbine Manufacturer


Reference Plant 2

Reference Plant 3

Reference Plant 4

Reference Plant 5

Project Name

Location -

Country -

Plant owner -

Name -

Phone number -

E-mail address -



Steam conditions

SH temperature °C

SH pressure bar

RH temperature °C

Year of contract -


-


Reference Plants of Qualified Generator Manufacturer


Reference Plant 2

Reference Plant 3

Reference Plant 4

Reference Plant 5

Project Name

Location -

Country -

Plant owner -

Name -

Phone number -

E-mail address -


Plant technology supercritical

Steam conditions

SH temperature °C

SH pressure bar

RH temperature °C

Year of contract -


-


9. BANK GUARANTEE FORM

FOR FINAL ACCEPTANCE CERTIFICATE PAYMENT

9. BANK GUARANTEE FORM FOR FINAL ACCEPTANCE CERTIFICATE PAYMENT (To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

Bank Guarantee No....... Date..................................


Dear Sir,

In consideration of ...........[Employer's Name].......... (hereinafter referred to as the ‘Employer’, which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s........[Contractor's Name]......... with its registered/head office at ............................... (In case of a Consortium please specify the name and registered/ head office of each Consortium Member) (hereinafter (collectively) referred to as the ‘Contractor’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract, by issue of Employer’s Notification of Award No. ........................... dated ................ and the same having been unequivocally accepted by the Contractor, resulting into a Contract bearing No. ................................ dated............................... valued at .......................................................................................... for ............................[Name of Contract] ...........................(hereinafter called the ‘Contract’) and the Employer having agreed to make an Advance Payment pending the Final Acceptance Certificate for the (Works/ Unit [insert] [Retain as applicable]) under the Contract amounting to .............................. (in words and figures) as an advance against Bank Guarantee to be furnished by the Contractor.

We........[Name and address of the Bank]............ having its head office at .................................................... (hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby issue in favour of the Employer this irrevocable and unconditional bank guarantee and undertake to pay the Employer, immediately on demand any or, all monies payable by the Contractor to the extent of .....[advance amount]......... as aforesaid at any time upto ..............................(@)....................... without any demur, reservation, contest, recourse or protest and/ or without any reference to the Contractor. Any such demand made by the Employer on the Bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, tribunal, arbitrator or any other Governmental Authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantee herein contained shall be enforceable (and shall have a claim period) till ninety (90) days after expiry of its validity.

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from time to time to vary the advance or to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty without affecting this guarantee, to postpone from time to time the exercise of any powers

vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce (or otherwise waive the enforcement of) any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the Employer. The Bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the Contractor’s liabilities.

This guarantee shall be a continuing bank guarantee and shall not be discharged by the change in constitution of the Contractor (or any member thereof) and the Guarantee shall not be affected or discharged by the liquidation, winding up, bankruptcy, reorganisation, dissolution or insolvency of the Contractor (or any member thereof) or any other circumstances whatsoever.

This guarantee shall not be reduced by reason of any partial performance of the Contract. The Bank’s obligations shall not be reduced by any failure by the Employer to timely pay or perform any of its obligations under the Contract. This guarantee shall be in addition to and not in substitution or in derogation of any other security held by the Employer to secure the performance of the aforesaid amounts.

The Employer may assign this guarantee to any person and in such case the Employer shall inform the Bank in writing. This guarantee shall not be assigned or transferred by the Bank, without the consent of the Employer.

Notwithstanding anything contained hereinabove our liability under this guarantee is limited to .......[advance amount].......... and it shall remain in force upto and including ............................(@).............................. and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s.....[Contractor's Name]..... on whose behalf this guarantee has been given.


Dated this ............................. day of ...................... 20 .............. at ............... . WITNESS :

..................................................... .....................................................


(Name) (Name) ..................................................... .....................................................

(Address) (Official Address)


No.................................. Dated...............................................

Notes: 1. (@) This date shall be 60 (sixty) days beyond the date of Final Acceptance Certificate of the relevant Works (or Unit).

2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing Bank or the party on whose behalf the bank guarantee is being issued.

3. The bank guarantee shall be issued by a bank having a minimum rating of A- (A minus) or equivalent by Moody/S&P and shall be (authenticated/ confirmed) by a scheduled bank in Bangladesh acceptable to the Employer.

10: FORM OF DEED OF JOINT UNDERTAKING

Form 11: AUTHORIZATIONS

11: AUTHORISATIONS

The following consents, permits, licenses, shall be deemed to be the Authorizations for the purposes of the Contract: [insert] – list to be prepared on the basis of discussion with the Employer

PROCEDURES

1. Payment Specifications

1. Payment Specifications

1. Terms of Payment

1.1. Payment Schedule

1.1.1 Bidders may note that the aggregate of the total quarterly amounts in column A,B,C,D,E,F and A,B,C,D,E,F of the quarterly payment profile (debt and equity) contemplated in Schedule 6A and 6B of the Financing Schedules (Section VI)] provided by the Bidder in the Bidder’s Financing Proposal (the “Payment Profile”), shall be deemed to be the “Quarterly Payment Schedule” proposed by the Bidder. Such periodic payments are hereinafter referred as “Periodic Payments”). Bidders are restricted to three-monthly payment under each period.

1.1.2 The evaluation of the Financial Bid will take into consideration the timing of each Periodic Payment through the present value discounting method described in the ITB.

1.1.3 The Bidders are required to indicate the milestones of the Contract Schedule described in Appendix 3 of contract agreement of Section VI (Forms and Procedures) that will fall within each of the Periodic Payments mentioned in Quarterly Payment Schedule. For example, payments for all milestones falling within the third quarter, shall be identified as part of (and cumulatively aggregate to) the Periodic Payment for the third quarter.

1.1.4 Each Periodic Payment shall include one or more Payment Categories mentioned in Clause 1.2 below

1.1.5 Periodic Payments shall be made to the Contractor subject to the conditions mentioned in these Terms of Payment and Payment Procedure in Clause 2 below.

1.1.6 Periodic Payments shall be directly linked to the Payment Profile, and must comply with the requirements imposed by ECA/Lenders under the finance agreements.

1.1.7 The Bidder shall not be entitled to any payment in respect of Work (or any milestone therein) in the Contract Schedule prior to the corresponding period of the relevant Periodic Payment (which in turn are prepared corresponding to the payment profile). Provided that this shall be without prejudice to the rights of the Employer with respect to any delay or deficiency in the Works (or milestones of the Works), including without limitation, the right of entitlement of the Employer to claim the applicable liquidated damages as specified under the Contract. Change of Contract Schedule to a later period shall also require prior approval of the Employer.

1.1.8 Successful Bidder is required to submit the following prior to Financial Close:

a) “Detailed Shipment Plan” with estimated timing of shipment, estimates of packing list for each shipment package and estimated value of each shipment package.

b) HS Codes for all materials and equipment and Plant to be imported into Bangladesh.

1.2. Composition of Periodic Payments

1.2.1. The Contractor shall within [60 days] of Notification of Award, submit a detailed breakdown of each Periodic Payment into the categories mentioned below for each currency. Such break down must comply with (i) the Quarterly Payment Schedule, (ii) Contract Schedule (and milestones thereof) and (iii) restrictions set below for each category of payment in the Period Payment.

1.2.2. Each Periodic Payment can include only the following categories of payments in each Contract Currency:

a) Advance Payment: Advance Payment can be made to the Contractor upto a maximum aggregate of 15% of total Contract Price, subject to receipt of the invoice and an irrevocable Advance Payment Bank Guarantee (in the form specified in Schedule Form 5(ii) of Section VI (Forms and Procedures)) for the equivalent amount made out in favor of the Employer. The Advance payment shall be paid in three tranches, the first tranche will be payable within 15 days of submission of Performance Security, second tranche will be at the end of three months based on progress and milestone achieved, with the third and final tranche will be payable within one month of Financial Close. Maximum amount of Advance Payment for each tranche shall be 5% of the Contract Price, with the aggregate of the three tranches not exceeding 15%.

b) Sight Payments: Upto a maximum 65% of total CIF cost of the supply of equipment, material and Plant shall be payable upon presentation of complete set of Shipping Documents as required for payment in respect thereof. The CIF cost to include FOB price of goods and materials, freight and insurance.

c) Delivery Payments: Upto a maximum 10% of total CIF supply of equipment, materials and Plant shall be payable upon presentation of Receipt Cum Damage report for goods and materials as required for payment.

d) Installation and Erection Services Payments: 75% Total value of installation and erection services (shall be payable upon presentation of Certified Invoice.

e) Services Payments: 75% of Total value of services (including all technical, design, erection, testing, commissioning, plant engineering, civil engineering, staff training, supervision of operation, transportation , clearing and forwarding, port clearance etc.) shall be payable upon presentation of a Certified Invoice.

f) Provisional Acceptance Payment: Minimum 5% (Five Percent)] of the Contract Price shall be paid only after successful Reliability Test Run, Guarantee Tests and after issuance of Taking over/Provisional Acceptance Certificate, against submission of Certified Invoices.

g) Final Acceptance Payment: Minimum 5% (Five Percent) of the Contract Price shall be paid after issuance of Taking over/Provisional Acceptance certificate against submission of bank guarantee(s) for FAC (valid upto 60 days beyond the end of Warranty Period) of equal amount and submission of Certified Invoice.

h) Duty, Taxes and Others: The Taxes shall be paid in accordance with the Contract.

1.2.3. No payments falling outside the categories mentioned above shall be made under the Contract unless explicitly approved by the Employer in writing.

1.2.4. Contractor must comply with all conditions and requirements imposed by Lenders or ECAs in the loan agreements in respect of each drawdown related to the respective Periodic Payments, including, but not limited to, provision of all certificates, condition precedents and terms and conditions.

1.3. Currency of Payment

1.3.1. Payments shall be made only in USD or BDT as mentioned in ITB.

1.3.2. All invoices shall be submitted only in the aforesaid currencies.

1.4. Frequency and Due Dates

1.4.1. Payments shall be made on a monthly basis only with not more than one request towards Periodic Payment (or part thereof) being permissible in a calendar month.

1.4.2. Maximum number of payments over the construction period shall be limited to the maximum number of drawdowns available for such payments under the Facilities.

1.4.3. The payment for a milestone completed and certified on a given calendar month shall only be eligible for payment on the following calendar month, and the Quarterly Payment Schedule (as well as the Periodic Payment).

2. Payment Procedure

2.1. Payment Documents

Claims for payment must be supported by the following documentation as specified hereinafter -

2.1.1. Requests for reimbursement for the cost of equipment materials, freight, transportation and insurance (Sight Payments) shall be supported by the following documents (each copy to be certified by the Contractor or the Contractor's Representative to be a true copy of the document of which it is a copy):

a) Invoice in 3 (three) originals;

b) Packing list in 3 (three) originals;

c) Insurance certificate in 1 (one) originals covering marine freight;

d) Bill of lading/ airway bill in 1 (one) original and 3 (three) copies marked freight prepaid;

e) Warranty certificate in 1 (one) original;

f) Manufacturer’s factory test certificate in 1 (one original);

g) Quality and quantity certificate of the materials & equipment shipped in 1 (one) original;

h) Factory test witnessing certificate where applicable in 1(one) original;

i) Certificate of origin issued by the manufacturer of the materials shipped in 1(one) original;

j) Material Despatch Clearance Certificate issued by the Employer for the goods supplied issued prior to shipment date for the goods.

k) Documents and certificates required to fulfill Bangladesh regulatory requirements and condition precedent to debt Facility drawdown to finance respective Periodic Payment, as required under finance agreements for the Facility.

2.1.2. Requests for reimbursement for the cost of equipment materials, freight, transportation and insurance (Delivery Payments) shall be supported by the following documents (each copy to be certified by the Contractor or the Contractor's representative to be a true copy of the document of which it is a copy):

a) Invoice in 3 (three) originals;

b) Packing list in 3 (three) originals;

c) Insurance certificate in 1 (one) originals covering local transportation and storage;

d) Receipt Cum Damage Report issued certified by the Engineer and the Employer’s Representative

e) Documents and certificates required to fulfill Bangladesh regulatory requirements and condition precedent to debt Facility drawdown to finance respective Periodic Payment, as required under finance agreements for the Facility.

2.1.3. Requests for Installation and Erection Payments and Services Payments (as set out in para 1.2.2 above), shall be supported by the following documents (together the “Certified Invoice”):

a) One copy of the Contractor's invoice.

b) One counterpart of a Work progress certificate signed by the Contractor and jointly countersigned by the Engineer and the Contractor’s Representative. The Contractor shall submit all Work Progress Certificates to both the Engineer and the Employer simultaneously by registered air mail. The Engineer and the Employer will either countersign or reject a Work progress certificate within a maximum period of thirty (30) days from the date of receipt of such Certificate by him. If the Engineer and the Contractor’s Representative or either shall fail either to countersign or to reject a Work progress certificate within the said thirty (30) days period, the Contractor shall notify the Employer by cable of the delay in the approval from the Site; and the Employer will either countersign the Work progress certificate in question or assign his reasons for not doing so within a maximum period of sixty (60) days from the date of receipt of the Contractor's said cable notice to him.

c) Documents and certificates required to fulfill condition precedent to debt Facility drawdown to finance the corresponding Periodic Payment, as required under finance agreements for the Facilities.

2.2. Mode of Payment

2.2.1. Periodic Payments shall be made from Employers own resources or debt Facilities as mentioned in the payment profile in the following manner subject to regulatory approvals and ECA and Lenders consent under finance agreements.

2.2.2. Foreign Currency payments are envisaged to be made directly through remittance for the equity funded portion with the debt portion being paid through direct payment from the Lenders through drawdown of the Facilities. Payment process for such drawdown mechanism shall be confirmed by the ECA, lenders and approval conditions in the finance agreements. The Bidders may submit proposals for alternate payment methods, subject to availability, estimated cost to the Employers for any such variations shall be taken into consideration during evaluation.

2.2.3. Eligible claims for BDT payment shall be made by the Employer by issuing account payee cheque. This will include the total amount to be paid to the Contractor in unconvertible BDT for insurance, local transportation, all services, works, etc.

3. Reporting, Clearing and Shipping Documents

3.1. The Contractor shall provide all official forms and documentary information as shall be needed to satisfy the requirements of Bangladesh customs and the Employer.

3.2. Reporting Documents: The Contractor shall forward to Employer the following documents within 7 days of each shipment :

a. Bill of Lading 1 Copy

b. Shipping Specification 2 Copies

c. Quality Certificate 2 Copies

d. Packing Lists (One copy shall be placed inside the case, 2 Copies

the other in a special packet in case No.1)

e. Insurance Certificate 2 Copies

3.3. Clearing Documents : The Contractor shall forward to the Employer through their bankers not later than seven (7) days from the date of sailing for the purpose of clearing the cargo at the Point of destination the following documents

a. Negotiable copy of Bill of Lading 1 Copy

b. Invoice with itemized prices 3 Copies

c. Shipping Specification 3 Copies

d. Copy of the Charter Party Approved by Employer 1 Copy

3.4. Shipping Documents

3.4.1. Simultaneously with the dispatch of the negotiable documents as listed in above the Contractor shall also send by air mail eleven (11) sets of non-negotiable shipping documents to the Employer. The invoices and shipping specifications shall bear the insurance cover note number. Each set will comprise the following documents:

a. Bill of Lading 1 Copy

b. Invoice 1 Copy

c. Shipping Specification 1 Copy

3.4.2. After shipment of any supplies of equipment, materials and Plant the Contractor shall cable to, or notify by registered air mail, the Employer not later than three (3) days after the sailing date of the vessel the following information:

a. The name of the vessel.

b. The sailing date of vessel.

c. Port of destination.

d. Description of the cargo (grouped).

e. Number of cases and/or weight of cargo.

f. Number of cases weighing above 20 tons and their individual weights.

g. Number of Bills of Lading.

h. Expected date of arrival at the port of destination.

3.4.3. The Contractor shall so arrange that the master of the vessel will inform the Employer by cable of the date and time of arrival of the vessel at the port of destination seventy-two (72) hours in advance.

3.4.4. Supplies of equipment, materials and Plant which are to be inspected as per the agreed inspection & test plan shall not be shipped without prior consent of Employer. However, Employer shall provide such consent on successful completion of inspection without delay.

4. Notwithstanding the foregoing, the payment and disbursement terms will be modified if so required by ECA/Lenders inter-alia or consequent to deviation between the payment profile set forth in the Bidder Financing Proposal and the actual terms approved by the ECA/ Lenders for the relevant Facilities.