Notice inviting tender for procurement Services, Construction

SPEC.NO. TATA CONSULTING ENGINEERS LIMITED

TCE.6842A-G-300-303

PROCUREMENT SERVICES, CONSTRUCTION

SERVICES, ASSISTANCE IN PRE-COMMISSIONING,

COMMISSIONING, PERFORMANCE TEST &

GUARANTEE TEST RUN SERVICES FOR 200 TPD

ACETIC ACID PLANT WITH CO SEPARATION UNIT

SHEET 1 OF 150

FILE NAME: 6842AG300303R0_Procurement & Construction Services Tender For AA Plant TCE FORM NO.: 329 R5

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INVITATION TO BID

FOR

PROCUREMENT SERVICES, CONSTRUCTION

SERVICES, ASSISTANCE IN PRE-COMMISSIONING,

COMMISSIONING, PERFORMANCE TEST &

GUARANTEE TEST RUN SERVICES FOR 200 TPD

ACETIC ACID PLANT WITH CO SEPARATION UNIT

MUMBAI-400083, INDIA

Assam Petro-Chemicals Ltd. REGD. OFFICE: 4th Floor, ORION Place, Bhangagarh, G. S. Road, Guwahati – 781005,

Assam, India. Phone / FAX: (0361) - 2461470 / 2461471.E-mail: [email protected]


TCE.6842A-G-300-303 MASTER INDEX SHEET 2 OF 150


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CLAUSE NO.

MASTER INDEX SHEET

NO.

PREAMBLE 6

1 INVITATION & INSTRUCTION TO BIDDERS 8

2. DEFINITIONS & ABBREVIATIONS 25

3. EFFECTIVE DATE OF CONTRACT 32

4. SCOPE OF WORK 33

5. OWNER’S OBLIGATIONS 47

6. FEES TO CONSULTANT 51

7. TAXES AND DUTIES 53

8. PAYMENT TERMS AND PROCEDURE 55

9. INSURANCE 58

10. CHANGE IN SCOPE OF WORK 59

11. MECHANICAL COMPLETION 60

12. GUARANTEES FOR TIME SCHEDULE 63

13. GUARNTEE FOR EQUIPMENT AND LIABILITIES 64




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14. ACCEPTANCE OF FACILITIES 65

15. LIMITATION OF FACILITIES 66

16. SUB-CONTRACTING 67

17. PROVISION OF SEC.184 / 188 OF COMPANIES ACT 2013 68

18. PATENTS 69

19. CONFIDENTIALITY OF INFORMATION 70

20. ARBITRATION 71

21. FORCE MAJEURE 73

22. SUSPENSION OF WORK 74

23. TERMINATION OF CONTRACT 75

24. MISCELLANEOUS PROVISIONS 77

25. DURATION OF CONTRACT 78

26. NOTICE AND ADDRESSES 79

27. GOVERNING LAWS AND LANGUAGE & UNITS 80

28. BID EVALUATION NORMS 81




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ANNEX.

NO.

ANNEXURES

SHEET

NO.

1. SCOPE MATRIX 84

2. APPLICABLE CODES AND REGULATIONS 89

3. PROFORMA FOR BID SUMBISSION LETTER 91

4. FORM OF BANK GUARANTEE FOR SECURITY &

PERFORMANCE 92

5. FORMAT FOR PRICE SCHEDULE 95

6. CERTIFICATE AS PER SECTION 184/188 OF COMPANIES ACT

2013 102

7. PROFORMA FOR EXCEPTION/DEVIATIONS 104

8. PROFORMA FOR EXPERIENCE AND TRACK RECORD 106

9. PROFORMA FOR CONCURRENT COMMITEMENT OF BIDDER 107

10. PROFORMA FOR BIODATA OF KEY PERSONNEL 108

11. PROFORMA FOR CONTRACT 109

12. COORDINATION PROCEDURE 112

13. SPECIAL CONDITIONS OF PROCUREMENT & CONTRACTS 116

14. REVIEW AND APPROVAL PROCEDURE 123

15. INTEGRITY PACT 124

16. INFORMATION ABOUT TENDERER 131




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17. FORMAT FOR ENVELOPE CONTAINING BIDS 133

18. FORMAT FOR BIDDER’S QUERIES 136

19. CHECKLIST FOR SUBMISSION OF BID 137

20. PRO FORMA OF LETTER OF AUTHORITY FOR ATTENDING PRE-

BID MEETING 142

21. PRO FORMAOF LETTER OF AUTHORITY FOR ATTENDING

TECHNICAL BID OPENING AND PRICED BID OPENING 143

22. PROFORMA OF BID BOND 144

23. LIST OF PROPRIETARY AND NON-PROPRIETARY ITEMS 146

24. PROJECT COMPLETION SCHEDULE 149

25. PLOT PLAN 150


TCE.6842A-G-300-303 PREAMBLE SHEET 6 OF 150


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PREAMBLE

Assam Petro-Chemicals Limited, a public Sector Undertaking under the State Govt.

of Assam, India was set up in the year 1976 with facilities for production of 30 TPD

of Methanol and 50 TPD Formaldehyde based on Natural Gas (NG). After

establishing itself as a successful Company in the Petrochemical Sector, the

Company expanded the business by setting up a new Methanol plant of capacity

100TPD based on I.C.I. Technology in the year 1986 and a new Formaldehyde

plant of capacity 100 TPD with technology from DERIVADOS, Spain which has then

been revamped to 125 TPD in the year 2012. The Company has ever since been

running with excellent operational and financial performances achieving capacity

utilization from the plant at the level of 95 to 100% on yearly basis and consistently

earning profit. The Company now intends to further expand the business by setting

up a new 500 TPD Methanol Plant & 200 TPD Acetic Acid Plant along with captive

power Unit and then to go for setting up plants for downstream value added

products like D.M.E, V.A.M, Polyvinyl Acetate, Polyvinyl Alcohol etc. to establish

itself as a major Petrochemicals Complex in the region.

The site for the New Plant:

The new 500 TPD Methanol Plant & 200 TPD Acetic Acid Plant will be set up in the

land area adjacent to existing location of APL factory at Namrup.

Approach to site:

The APL factory is situated at Namrup in the district of Dibrugarh, Assam, India.

Namrup is connected with Dibrugarh by state highway and is at a distance of

around 70 KM from Dibrugarh and around 65 KM from Dibrugarh Air Port. The

nearest railway Station is Namrup and is at a distance of 9 KM. The Station has

siding facilities suitable for handling Project equipments. The Railway Track is

Broad Gauge.

Electric Power:

Grid Power is available at APL factory site at Namrup, from Assam Power Generation

Corporation Ltd. Namrup, which is situated at a distance of around 1 KM from the

factory site of APL. 33/11 KV, 3.3 K.V and 415 V power supply is available at APL site.

One Captive Power Unit will be set up common for 500 TPD Methanol and 200 TPD


TCE.6842A-G-300-303 PREAMBLE SHEET 7 OF 150


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Acetic Acid plant.

Water:

Water for the new 500 TPD Methanol & 200 TPD Acetic Acid Plant will be drawn from the

nearby "DILLI" River for which pipe line will be laid along with building up intake and

pumping facilities. Dilli River and laying pipeline up to plot boundary will be under the scope

of an agency other than EPCM CONTRACTOR for Methanol plant and Acetic Acid plant.


TCE.6842A-G-300-303 INSTRUCTION TO BIDDERS SHEET 8 OF 150


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1. INVITATION & INSTRUCTION TO BIDDERS

Assam Petro-Chemicals Ltd. (APL) invites offer from reputed Indian Consultancy firm

for Procurement services, Construction management services, Assistance in Pre-

commissioning, commissioning, Performance Test & Guarantee Test run services for

setting up a 200 TPD Acetic Acid Plant including Carbon Monoxide separation unit,

based on Methanol carbonylation (Methanol+CO) route.

The company will engage a separate PROCESS LICENSOR & ENGINEERING

CONSULTANT for supply of Acetic Acid Technology, do basic and detail design and

engineering, supply of proprietary items on CIF Kolkata Port Basis, erection

supervision, commissioning and guarantee test run for setting up a 200 TPD Acetic

Acid plant based on Methanol Carbonylation route with Carbon Monoxide Separation

unit. CONSULTANT appointed under this Proposal shall work in close coordination

and as per instructions of PROCESS LICENSOR & ENGINEERING CONSULTANT.

Assam Petro-Chemicals Ltd. (APL) had appointed Tata Consulting Engineers Limited

as Project Management Consultant (PMC) for this project.

1.1. BIDDING MILESTONES

Date of issue of the press advertisement 29-07-2015

Last date for receipt of Written Queries 07-08-2015

Pre-Bid Meeting / Site Visit only if the

parties so desire

13-08-2015 at 14:00Hrs. (IST) at APL

Site, Namrup, Dibrugarh, Assam

Last date & time for Receipt of Bids 01-09-2015 at 14:00 Hrs. (IST)

Date, Time & Venue for opening Of

Unpriced Bid

01-09-2015 at 14:30 Hrs (IST) at APL’s

Guwahati office. (at the below address)

Bid validity 180 days from the date of opening of

Unpriced BID.

BID BOND:

Rs. 15 Lakhs (Rupees Fifteen Lakhs

Only) as Bank Guarantee/ crossed

Demand draft.

Tender Fee Rs. 2000 in form of crossed Demand

Draft.

BID BOND validity: 180 days from the date of opening of Un-

priced BIDs.

Completion period Refer Annexure - 24




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BIDs titled “Offer against Enquiry No. TCE.6842A-G-300-303 for

PROCUREMENT & CONSTRUCTION MANAGEMENT (PCM) SERVICES FOR

200 TPD ACETIC ACID PLANT WITH CO SEPARATION UNIT” should be

addressed and sent to Assam Petrochemicals Ltd. at the following address:

The Managing Director

Assam Petrochemicals Limited, 4th Floor,

Orion Place, G.S. Road Bhangagarh,

Guwahati-781005 Assam, India.

1.2. THE BID

The BID must contain the name and place of business of the person (s) submitting

the BID and must be signed and stamped by the BIDDER (S) with his (their) usual

signature (s) on each page (lower right portion) of the BID. Bidders are also

required to submit signed copy of Master Index of the bid document as a token of

receipt of completed tender document. The name (s) and designation(s) of the

person (s) signing the BID should also be typed or printed below their signature (s).

The un-priced and the priced offer shall be placed in separate sealed covers and

both the sealed covers shall be placed in another sealed cover as per format given

in Annexure-17

The Bidder shall submit duly filled, stamped and signed copy of proforma of letter of

authority for attending pre-bid meeting 2 days in advance to scheduled Pre-Bid

Meeting as mentioned in the Tender as per Format given in Annexure – 20.

The Bidder shall submit duly filled, stamped and signed copy of Proforma of letter of

authority for attending technical bid opening and price bid opening on or before

technical bid opening / price bid opening as per format given in Annexure – 21.

On the due date only Unpriced Bid (technical) will be opened and Priced Bid date,

time and venue will be intimated later to techno-economically acceptable bidders only.




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Qualification Criteria for Bidders are as follows:

i) COMMERCIAL & FINANCIAL

(a) The financial net worth of the bidder as per latest audited annual report shall be positive.

(b) The bidder shall have earned a net profit for the last three consecutive years.

(a) Bidders submitting their bids should not be under liquidation court receivership or similar proceedings. The bidder should not have been black listed or kept under holiday list in any Public Sector Undertakings in India.

(b) There shall not be any case or charge under investigation / enquiry / trial against the bidder, nor convicted in a court of Law nor suspended / black listed by any organization on any grounds.

(c) The bidder shall be a registered company in India.

ii) TECHNICAL

(a) Bidders shall have experience in last seven years of having successfully carried out and completed similar work in India calculated from the last day of the month previous to the one in which applications are invited.

Definition of “similar work” shall mean successful completion of Procurement and Construction Management services contract in a Process plant (Refineries / Petrochemicals / Fertilizers), with scope of work including Procurement Services, Tendering and award of items / works contracts, Construction management services, Pre-Commissioning / Commissioning assistance and Project Management. Tentative cost of equipments / items under 200 TPD Acetic Acid Plant is INR 185 Crores (+/- 10%) and for CO separation unit is 45 Crores (+/-10%).

(b) APL / TCE reserve the right to reject any bid, if necessary data, information are not furnished and also in APL / TCE’s opinion, the said bidder cannot execute the job satisfactory without assigning any reason thereof to the bidders.

1.2.1. Un-priced BID

The Un-priced bid shall comprise of the following documents:

i) A covering letter in the BIDDER's letter - head and as per proforma given




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in Annexure-3 duly signed by authorized representative of the BIDDER.

ii) The BID DOCUMENT (along with documents & other enclosures) duly

signed and stamped on each page of BID DOCUMENT, by the authorized

person(s) having POWER OF ATTORNEY / authorization with the seal of

the Company/Organization in favour of the person signing the BID. All

Amendments/revisions to BID DOCUMENT issued by APL subsequently,

if any, must be signed and submitted along with the BID.

iii) Exceptions / Deviations, if any, to the terms and conditions of BID

DOCUMENT as per the enclosed Annexure - 7

iv) Details of similar WORK completed by the BIDDER during the last five

years as per the attached Annexure-8.

v) Details of the Concurrent commitments of the BIDDER as per the

enclosed Annexure-9.

vi) A detailed time schedule for each item of WORK. This schedule shall

match with the overall completion schedules of PROCESS LICENSOR &

ENGINEERING CONSULTANT till the mechanical completion. The details

of the overall completion schedule shall be as per attached Annexure – 24

vii) Existing organization set up of the bidder and Copy of Company profile

presentation.

viii) Proposed Organogram for execution of the work along with the manpower

deployment plan and with curriculum vitae of the key personnel indicated

in the organization as per the format enclosed at Annexure-10.

ix) Copies of Balance sheet/Annual Reports of the BIDDER for the last three

year along with income tax clearance certificate, Service Tax clearance

certificate.

x) Stamped and signed copy of the format for price schedule (without filling

price part) as per enclosed Annexure-5b.

xi) Declaration as per Sec. 184/188 of Companies Act 2013 (without




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mentioning CONTRACT price) as per the enclosed Annexure-6.

xii) Check List showing all enclosures with the BID as per Annexure-19.

xiii) Acceptance of the payment terms and procedures as given under Clause

8.

xiv) Information regarding Tenderer in the Proforma enclosed as Annexure-16.

xv) Copy of the partnership deed in case the Bidder is a Partnership firm and

Memorandum / Articles of Association in case of Companies.

xvi) Tenderer’s quality policy.

xvii) Tenderer’s safety policy.

xviii) Bidder’s Execution Methodology

xix) Bidder’s Procurement Philosophy

xx) Bidder’s Construction Methodology

xxi) BID BOND of requisite value

1.2.2. Priced BID

The price part of the BID shall consist of the following duly signed & stamped by the

authorized person.

i) Format for price schedule Annexure-5a as submitted in un-priced BID

after filling CONTRACT price

ii) Declaration as per Sec. 184/188 of Companies Act 2013 as per the

enclosed Annexure - 6 and after filling CONTRACT price.

iii) Where there is a difference between the price, in words and figures, the

price quoted in words shall be taken as correct and final.

iv) It shall be the duty of the CONSULTANT to duly observe and perform in




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accordance with all laws, rules, regulations, orders and formalities

applicable to Excise Duty, Sales Tax, VAT, Service tax, Customs Duty,

Labour Cess if applicable, Countervailing Duty etc. on the import,

manufacture, sale and/or supply of any material / Service to APL and

performance of the works under the Contract. The CONSULTANT

shall keep APL indemnified from and against any and all claims, demands,

prosecutions, actions, proceedings, penalties, damages, demurrages

and/or other levies whatsoever made or levied by any Court, Tribunal or

the Customs or other Authorities with respect to any alleged breach,

evasion or infraction of such duties, taxes, charges or levies or any breach

or infraction of any applicable laws, rules, regulations, orders or formalities

concerning the same and from the consequence thereof by

CONSULTANT himself or VENDORs / CONTRACTORs.

v) A Counter trade proposals shall not be considered in the evaluation of

Bids or otherwise.

vi) The prices quoted by the bidder shall remain firm and fixed and shall be

valid until completion of the Contract and shall not be subject to

variation/escalation on any account except as otherwise specifically

provided in the Contract documents.

1.2.3. Bid Bond

BID shall be accompanied by a BID BOND of Rs. 15,00,000 ( Indian Rupees

Fifteen lakhs only) which shall be made as a Bank Guarantee/Crossed Demand

Draft payable to “Assam Petrochemicals Limited” at the State Bank of India,

Panbazar Branch, Guwahati 781001, Assam. BIDS not accompanied by such BID

BOND shall not be considered. The BID BOND will not bear any interest and the

deposits of the unsuccessful BIDDERS shall be refunded/ returned soon after an

effective CONTRACT is entered into by OWNER with the successful BIDDER. If

for any reason, whatsoever, a BIDDER withdraws his BID at any time during its

validity period or if the selected BIDDER refuses to enter into an agreement and

/or to furnish a SECURITY DEPOSIT for faithful performance of the agreement

entered into, within the time stipulated, the BIDDER would be deemed to have

abandoned the BID and the deposit by him will be forfeited and the amount under

the BG/Demand draft will be en-cashed by APL.




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1.2.4. Bid Fee

BID shall be accompanied by a non-refundable BID Fee of Rs. 2,000 ( Indian

Rupees Two Thousand only) which shall be made as a Crossed Demand Draft

payable to “Assam Petrochemicals Limited” at the State Bank of India, Panbazar

Branch, Guwahati 781001, Assam. BIDS not accompanied by such BID Fee shall

not be considered.

1.3. CLARIFICATIONS ON ITB

The BIDDER is required to examine the BID DOCUMENT, and fully acquaint

himself as to all conditions and matters which may affect the WORK, time and cost

thereof. In case the BIDDER is in need of any clarifications on the BID

DOCUMENT, he should request, in writing, for the same to TCE (TATA Consulting

Engineers Limited) as per Annexure - 18. BIDDER'S request for interpretation

/clarification shall reach TCE on or before the last date for the receipt of the

queries as given in ITB. Any query/clarification shall be submitted in duplicate to

the address given in Annexure - 18. Only Written queries will be considered and

will be clarified. Verbal clarification and information given by TCE or its employees

or its representatives shall not in any way be binding on TCE.

1.4. VISIT TO FACILITIES

It is desirable that the BIDDERs visit the APL factory site at Namrup, Dibrugarh,

Assam to familiarize themselves with the FACILITIES. BIDDER shall inform the

OWNER in advance for site visit. All cost of traveling up to Dibrugarh, related to visit

to Namrup will have to be borne by the BIDDER including charges for stay at

Namrup.

1.5. EXCEPTIONS / DEVIATIONS

BIDDERS are required to submit their BID based on the terms and conditions and

scope of WORK contained in the BID DOCUMENT. However, any BIDDER who

takes exception/deviation to the BID conditions should indicate the same in the pro

forma for exception /deviation given as Annexure -7 Exceptions/deviations taken

elsewhere shall not be given any cognizance.




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1.6. THE BID PRICE

The lumpsum price to be quoted by the BIDDER for the respective scope of

WORK shall include and cover all costs of all items of WORK including any and all

levies, taxes, duties, insurance, Labour Cess if applicable and all miscellaneous &

related expenses of carrying out the scope of WORK as stipulated in the BID

DOCUMENT within and outside India. The quoted lumpsum price shall include and

cover the costs of all royalties and fees for all articles, and processes, protected by

letters, patent or otherwise incorporated in or used in connection with the WORK.

All cost of traveling, related to visits to Namrup or Guwahati will have to be borne by

the BIDDER.

1.7. LANGUAGE AND UNITS

All information in the BID shall be in English and translation by authenticated

English Translator to English shall be provided for information given in any other

language. For the purpose of interpreting the bid, the English Translation shall

govern. Metric units shall be used.

Official Language for execution of this order till its completion will be English.

1.8. LOCAL CONDITIONS

It will be imperative on BIDDERS to acquaint themselves of all local conditions and

factors which may affect the execution of WORK covered under the BID

DOCUMENT. In their own interest, the BIDDERS are requested to familiarize

themselves with the latest Indian Income Tax Act, Indian Companies Act, Indian

Customs Act and other related Acts and laws and regulations of India with their latest

amendments and any statutory requirements as applicable. OWNER shall not

entertain any request for clarifications from the BIDDERS regarding such local

conditions. It may be understood and agreed that such factors have properly been

investigated and considered while submitting the BID. No claim for financial or any

other adjustment to CONTRACT price and time schedule of completion on account of

lack of clarity of such factors shall be entertained.

1.9. BID SUBMISSION

BID shall be submitted in 4 (Four) copies (One in original) in double sealed




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envelope with name of WORK super-scribed with BID No & closing date written

prominently in the BID as well as on the envelope containing the BID. “TO BE

OPENED BY THE ADDRESSEE ONLY " should be prominently super-scribed on

the envelope. Technical (unpriced) and commercial (priced) bid should be in

separate envelopes duly super-scribed as Technical (unpriced) or Commercial

(priced) BID and both the sealed envelopes should be put into another cover

envelope super-scribing the ITB reference and due date of BID opening as per

Annexure-17. The BIDs shall be addressed and sent to the following address:

The Managing Director,

Assam Petrochemicals Limited

4th Floor , Orion Place,

G.S. Road, Bhangagarh,

Guwahati-781005

Assam. INDIA

The BIDDER has the option of sending the BID by registered post or submitting the

BID in person so as to reach the place of receipt of BIDs on or before the last date &

time fixed for receipt of BIDs. OWNER is not responsible for any loss or delay of

BID in transit. E-Mail / Telex/ Telefax /Telegraphic offers will not be accepted. The

BIDs received after the last date and time fixed for receipt of BIDs, (as set out in ITB)

shall be rejected.

1.10. BID OPENING

Unpriced part of the BIDs will be opened at the time and the date as given in the bid

document at APL’S Guwahati office (address given in clause 1.1) in the presence

of authorized representative (s) of BIDDERS, who wish to attend the BID opening

and submitted / carried letter of authority as per proforma for attending technical bid

opening as per Format in Annexure - 21. In case of any holiday falling on the date

fixed for opening of Unpriced BID, the next working day will be treated as scheduled

prescribed date for the opening of Unpriced BID; the time notified remaining the

same. Only the name of the bidders quoted will be read out. No other details will be

provided to bidders.

1.11. BID VALIDITY

BID shall remain valid for acceptance for the period as mentioned in the invitation

(Para. 1.0). BIDDERS shall not be entitled during the said validity period, without the consent




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(in writing) of OWNER, to revoke or cancel the BID or to vary the same or any term thereof. In

case of BIDDER revoking or canceling the BID or varying any term in regard thereof,

the BIDDER’S BID BOND shall be forfeited.

1.12. COMPLETENESS OF BID

BIDs shall be complete in all respects, consisting of the particulars, prescribed

information and all prescribed conditions.

1.13. ACCEPTANCE OF BID

Bid evaluation shall be done on the basis of norms stated in clause 28. The right to

accept the BID in full or in part will rest with OWNER. However, OWNER is not

bound to accept the lowest BID and reserves the authority to reject any or all the

BIDs received without assigning any reason, whatsoever prior to award of

CONTRACT. OWNER will be the sole judge in the matter of award of

CONTRACT and the decision of OWNER shall be final and binding. Only those BIDs

which are complete in all respects shall be considered for evaluation. BIDs shall be

deemed to be under consideration after opening of unpriced BIDs and until such

time on official intimation of acceptance or rejection of BID is made by OWNER to

BIDDER. Priced BIDs of only those BIDDERS shall be opened who are selected

based on evaluation of their unpriced BIDs. OWNER shall inform the selected

BIDDERS for deputing their representative to attend price BID opening.

1.14. SECURITY DEPOSIT

The successful BIDDER shall furnish to OWNER within fifteen days of issue of

LETTER OF INTENT, the irrevocable SECURITY DEPOSIT in the form of a bank

guarantee as given in Annexure-4 from an Indian Nationalized bank/scheduled

bank in the manner as indicated in clause 8.5.

1.15. CONTRACT SIGNING

The successful BIDDER shall be required to execute a CONTRACT as per

Proforma attached to this BID DOCUMENT as annexure-11 within 30 (thirty)

calendar days of the issue of LETTER OF INTENT (LOI). In the event of failure on

the part of successful BIDDER to sign the CONTRACT within stipulated period, the

security deposit furnished by him will be forfeited and the acceptance of bid shall

be considered as cancelled. Two numbers of CONTRACT documents shall be




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signed in original.

1.16. CANVASSING

Any form of canvassing is prohibited and the BIDDER found involved in canvassing

shall be disqualified.

1.17. BIDDER TO INFORM HIMSELF

1.17.1. BIDDER shall be deemed to have himself obtained all necessary information for the

purpose of preparing the BID and his BID as accepted shall be deemed to have taken

into account all contingencies as may arise due to such information or lack of the

same.

1.17.2. BIDDER shall be deemed to have examined the BID DOCUMEMENT, to have

generally obtained information in all matters whatsoever that might affect the

carrying out of the work and to have satisfied himself to the sufficiency of his BID.

The BIDDER shall be deemed to have visited APL, NAMRUP and carefully

examined/collected all the required technical documentation .He is deemed to have

acquainted himself as to the liability for payment of Government taxes, duties, levies

and other charges etc.

1.17.3. Any omission or failure on the part of the BIDDER in obtaining necessary and

reliable information affecting the CONTRACT shall not relieve him from liabilities

or the entire responsibility for completion of the WORK in strict accordance with

the CONTRACT.

1.17.4. No verbal agreement or inference from conversation with any officer or

employee of the OWNER either before or after the execution of the CONTRACT

agreement shall in any way affect or modify the terms or obligations herein contained.

1.18. QUALITY POLICY

The Bidder shall submit copies of their quality policy, procedures and performance

details, together with certifications obtained by them in this regard.

1.19. SAFETY POLICY

The Bidder shall submit copies of their safety policy, procedures and performance




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details, together with certifications obtained by them in this regard.

1.20. INTEGRITY PACT

The BIDDER shall be required to sign the Integrity Pact as per Annexure – 15.

1.21. APL’S RIGHT TO ACCEPT/REJECT BIDS

1.21.1. APL /TCE reserves the right to accept or reject any bid and to annul the

bidding process and reject all bids at any time prior to award of Contract

without thereby incurring any liability to the affected bidder(s) or any

obligation to inform the affected bidder(s) of the ground of APL's/TCE's action.

1.21.2. APL/TCE shall not be obliged to award the Order / Contract to the lowest

evaluated bidder if APL/TCE apprehends that it will not be in the interest of

APL/TCE to award the Order / Contract at the lowest evaluated price or to the

lowest evaluated bidder.

1.22. DUE DATE FOR SUBMISSION OF BIDS

1.22.1. As indicated in item clause no. 1.9 above, the Original bid with required

copies must be received by the designated authority on or before the bid due

date & time.

1.22.2. OWNER / TCE may, at its discretion, extend the deadline for the submission

of bids by amending the bidding documents and placing the time extension for

submission of bid in its website, in which case all rights and obligations of the

OWNER / TCE and bidders previously subject to the deadline, will thereafter

be subject to the deadline as extended.

1.22.3. Any request for due date extension shall be received to OWNER / TCE 72

hrs in advance to bid due date in writing clearly indicating the reason for

extension. OWNER / TCE will determine to its subjective satisfaction whether

the bidder extension request based on the reason mentioned by the bidder to

be accepted or not and such determination shall not be open to question.

1.23. MODIFICATION & WITHDRAWAL OF BIDS

1.23.1. The bidder may modify or withdraw his submitted bid, provided that written




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notice of withdrawal or modification along with modified bid is received by

OWNER / TCE prior to the deadline prescribed for submission of bids.

1.23.2. The bidder's modification or withdrawal notice shall be prepared, sealed,

marked and dispatched in accordance with the provisions for submission of

bids.

1.23.3. All correspondence related to modification or withdrawal shall be routed to

the following address in an envelope "Modification or Withdrawal for Enquiry

No. TCE.6842A-G-300-303":

The Managing Director,

Assam Petrochemicals Limited

4th Floor , Orion Place,

G.S. Road, Bhangagarh, Guwahati-

781005

Assam. INDIA

1.24. LATE BIDS

1.24.1. Any bid received by OWNER after the deadline for submission of the bids

(including any extension(s) hereof) will be declared "Late" and rejected and

returned unopened to the bidder.

1.25. BID REJECTION CRITERIA

1.25.1. Prior to detailed bid evaluation, APL/TCE will determine the substantial

responsiveness of each bid with respect to the bidding documents. A

substantially responsive bid is one which conforms to the terms, conditions

and specification of the Bidding Documents without material deviation. A

material deviation is one which affects in any substantial way the scope,

quality or performance of the works, or which limits in any substantial way,

inconsistent with the bidding documents, the TCE’s /APL's rights or the

bidder's obligations as envisaged in the bidding documents, and the

rectification of which deviation or reservation would affect unfairly the

competitive position of other bidders presenting substantially responsive bids.

Further examination of only such bids as are determined to be substantially

responsive shall be taken up, unless otherwise determined by APL/TCE.




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1.25.2. The bidders shall adhere to the following provisions of the Bidding Document

without taking any deviations, failing which the Bid shall be considered to be

non-responsive and may be rejected.

(a) Non-responsive bid as mentioned in clause no. 1.25.1 above

(b) Bids with Price variation clause (PVC)

(c) Non-Submission of EMD / Bid Fee

(d) Non-Submission of Integrity Pact on or before the bid due date as instructed in this Enquiry

(e) Submission of prices with erasures or corrections or using white fluids.

(f) Submission of Prices / rates in SOP in un-priced bid.

(g) Bids submitted in loose / stapled papers

(h) Rejection note as mentioned under various clauses of this tender document

1.26. AMENDMENT OF BIDDING DOCUMENTS

1.26.1. At any time prior to the deadline for submission of bids as well as up to

priced bid opening, OWNER / TCE may, for any reason whether at its own

initiative or in response to a clarification or modification requested by any

prospective Bidder(s), modify the Bidding documents.

1.26.2. The modifications/amendment will be uploaded in APL website and this shall

be part of the Bidding document and shall be binding on all bidders. Bidders

shall confirm the inclusion of Addendum / Corrigendum in their bid and shall

follow the instructions issued along with addendum / corrigendum.

1.26.3. Bidders shall examine the Bidding documents thoroughly and inform OWNER

of any apparent conflict, discrepancy or error, so that OWNER may issue

appropriate clarification(s) or amendment(s), if required.

1.27. BIDDING DOCUMENTS AND DEVIATIONS

1.27.1. It is expected that bidders will submit bids strictly based on the terms and

conditions and specifications contained in the bidding documents and will not

stipulate any deviations. However, become unavoidable, deviations should be

separately and specifically stipulated only in the "Deviation Sheet". Deviations

mentioned anywhere else in the offer other than the "Deviation Sheet" shall

not be acceptable and shall not be considered for bid evaluation. OWNER




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reserves the right to reject as non-responsive any bid containing major

deviation(s).

1.28. FORMAT AND SIGNING OF BID

1.28.1. The original and all copies of the bid shall be typed or written in indelible ink

and shall be signed by the bidder or a person or persons duly authorized to

sign on behalf of the bidder. Such authorization shall be indicated by written

power of attorney accompanying the bid. All pages of the bid, except for un-

amended printed literature, shall be initialed by the person signing the bid.

1.28.2. The bid shall contain no interlineations, erasures or overwriting.

1.29. CORRECTIONS AND ERASURES

1.29.1. Bidders are required to fill in the tender documents with due care so as to

avoid any cuttings/corrections/alterations in the entries made in the tender

papers.

1.30. TECHNO-COMMERCIAL EXAMINATION OF BIDS

1.30.1. APL/TCE will examine or cause to be examined the bids to determine

whether they are complete, whether the documents have been properly

signed, and whether the bids are generally in order.

1.30.2. APL/TCE will determine to its subjective satisfaction whether the bidder has

submitted a responsive bid and is qualified to satisfactorily perform the work,

and such determination shall not be open to question.

1.30.3. The determination will also take into account the bidder's financial and

technical capabilities, as well as such other qualifications as APL/TCE deem

necessary and appropriate.

1.30.4. Bidder(s) techno-commercially accepted will only be communicated for price

bid opening.

1.30.5. Bidder(s) who qualify for the award of contract as per criteria of this Tender

will only be communicated for the award of contract & subsequent LOI / WO

will be issued to them.




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1.31. REBATE

1.31.1. No suo-moto reduction in price(s) by bidders is permissible after opening of

the bid. If any Bidder unilaterally reduces the price(s) quoted by him in his bid

after opening of bids, such reduction shall not be considered for comparison

of prices but shall be binding on the Bidder if he happens to be selected for

award of work.

1.32. CONTACTING APL/TCE

1.32.1. A bidder shall not contact APL on any matter relating to his bid from the time

of bid opening to the time, that the Contract is awarded, unless requested to

do in writing. Any effort by a bidder to influence APL in APL's decisions in

respect of bid evaluation or contract award will result in the rejection of that

bidder's bid.

1.32.2. Contact Details of Representative from TCE pertaining to this Enquiry is as

follows:

Mr. Sarjeevan Sainbhi / Mr. Sushil Kadam TATA CONSULTING ENGINEERS LIMITED, 4th Floor, Tower B, 247 Park, L.B.S. Road, Vikhroli (West), Mumbai – 400083 E-mail: [email protected] / [email protected] Phone: 022 6114 8630 / 022 6114 8625

1.33. OTHER FACILITIES

1.33.1. The OWNER will, at his discretion and convenience and for the duration of

the execution of the work, make available, land for construction of

CONTRACTOR’s field office; go-down, workshop and fabrication yard required

for the execution of the contract.

1.33.2. The OWNER shall not permit any land at site to be used for residential

purposes nor shall otherwise provide or arrange any land for temporary

accommodation of the CONSULTANT’s personnel or labour.

1.33.3. The CONSULTANT shall at its own cost and initiative arrange land for

residential accommodation for its staff and workers and the price of services

shall be deemed to include the same.

mailto:[email protected]





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1.34. OTHER REQUIREMENTS

1.34.1. Offer submitted by the bidders shall be duly paginated in sequential manner

from last to the first page on upper right portion.


TCE.6842A-G-300-303 DEFINITIONS & ABBREVIATIONS SHEET 25 OF 150


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2. DEFINITIONS & ABBREVIATIONS

2.1 Following words and expressions given in alphabetical order, shall have the

meanings hereby assigned to them except where the context otherwise require:

2.1.1. ACCEPTANCE CERTIFICATE (PROVISIONAL) shall mean the certificate issued

by OWNER on successful completion of the performance & guarantees vide

Clause 4.11.2 & 4.11.3. ACCEPTANCE CERTIFICATE shall mean the certificate

issued by OWNER on satisfactory fulfillment of guarantees for equipment and

liabilities vide clause 12 and 13.

2.1.2. ACTS & CODES shall mean the applicable Codes & Regulations listed in

Annexure - 2 including the latest amendments, and /or replacements thereof.

Other internationally approved standards and/or Codes/Rules and Regulations

related to the subject matter of the CONTRACT.

2.1.3. ANNEXURE shall mean Annexure attached to this BID DOCUMENT/

CONTRACT and forming integral part of this BID DOCUMENT/CONTRACT.

2.1.4. APPROVED shall mean approved in writing including subsequent written

confirmation of previous verbal approvals.

2.1.5. AS-BUILT shall mean as constructed after incorporating any changes found

necessary during erection/commissioning.

2.1.6. BASIC ENGINEERING shall mean development of basic engineering

information/data/details as required for carrying out the DETAILED

ENGINEERING.

2.1.7. BATTERY LIMITS (B/L) shall mean the boundaries containing the FACILITIES.

2.1.8. BID shall mean the proposal along with supporting documents submitted by the

BIDDER for consideration by OWNER.

2.1.9. BID BOND shall mean a deposit for a value indicated in this BID DOCUMENT

required from the BIDDER at the time of bidding as a surety of earnestness on

the part of the BIDDER in taking up the work.

2.1.10. BID DOCUMENT(s) / ITB shall mean the documents issued by OWNER to

prospective BIDDER, containing various Terms and Conditions, Standards,

Technical requirements, drawings, maps & sketches and formats for the

BIDDERS to prepare their BID. The BID DOCUMENTS shall include inter-alia the

Invitation, Instruction to BIDDERS, drawings, time schedule, Proforma, formats

and any and all addenda/corrigenda issued by OWNER.




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2.1.11. BIDDER shall mean the firm or organization submitting a BID in response to the

Invitation to Bid.

2.1.12. COMMISSIONING shall mean pressing into service the FACILITIES and

establishing continuous production of Acetic Acid.

2.1.13. COMPLETION CERTIFICATE shall mean the certificate to be issued by the

OWNER when the MECHANICAL COMPLETION of the WORK has been

achieved to his satisfaction in accordance with the CONTRACT.

2.1.14. CONSULTANT shall mean the person(s), firm or company or corporation, or

consortia of firms/companies/corporations, whosever BID has been accepted by

OWNER and includes the CONSULTANT'S legal representatives, his successors

and permitted assignees.

2.1.15. CONSTRUCTION shall mean to include all responsibilities and activities for the

construction of the facilities and also include the dismantling of any

EQUIPMENT/PLANT HARDWARE from the FACILITY as required and removing

such material to any place on SITE as required by OWNER. However, new 200

TPD Acetic Acid Plant with the auxiliaries will be set up in plain areas and no

dismantling of existing structures is envisaged.

2.1.16. CONTRACT shall mean the contract between OWNER and the CONSULTANT,

duly signed by the parties to the contract through their authorized

representatives, for the execution of the WORK included in the BID

DOCUMENTS, LETTER OF INTENT (LOI), agreed variations to the BID

DOCUMENTS, if any etc. enclosed in the form of a statement with reference to

various clauses of BID DOCUMENTS or shall include the specifications,

schedules or rates/prices and other relevant documents as required out of the

BID submitted by CONSULTANT and as accepted by OWNER.

2.1.17. CONTRACTOR shall mean any person, partnership firm, company with whom a

CONTRACT is entered into by the CONSULTANT on behalf of OWNER for

CONSTRUCTION/INSTALLATION services for the WORK.

2.1.18. DATE OF ACCEPTANCE shall mean the date on which OWNER issues the

ACCEPTANCE CERTIFICATE to the CONSULTANT.

2.1.19. DAY means a continuous period of 24 hours.

2.1.20. DETAILED ENGINEERING shall mean to include all engineering activities

required to generate engineering documentation good for PROCUREMENT and

CONSTRUCTION activities, which shall include material take-off, specifications,

and drawings, details for civil and structural works, static equipment, machinery,

piping, electrics, instrumentation, insulation and painting etc.




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2.1.21. EFFECTIVE DATE OF CONTRACT shall mean the date on which the contract

shall become effective (as per Clause 3)

2.1.22. ENGINEERING -IN-CHARGE (EIC) shall mean the person(s) nominated from

time to time by OWNER and shall include those who are expressly authorized by

OWNER to act for and on its behalf for operation of this CONTRACT.

2.1.23. EQUIPMENT/PLANT HARDWARE means any equipment, machinery, piping,

electrical, instruments, accessories and materials necessary for safe, effective

and efficient operation of the FACILITIES.

2.1.24. EXPATRIATES/EXPERTS shall mean technical personnel and engineers having

requisite qualifications, experience and expert knowledge of the work assigned

and deputed by CONSULTANT under the CONTRACT.

2.1.25. FACILITIES shall mean the new 200 TPD Acetic Acid Plant including CO

Separation Unit with all its auxiliaries and utilities.

2.1.26. GUARANTEE PERIOD shall mean eighteen (18) months period from the date of

issue of COMPLETION CERTIFICATE or one year period after issue of

ACCEPTANCE CERTIFICATE (PROVISIONAL), whichever is earlier.

2.1.27. APL shall mean Assam Petrochemicals Limited, a company registered under

Companies Act having its registered office at 4th Floor, Orion Place, G.S Road,

Bhangagorh, Guwahati, and PIN-781005. Assam, INDIA

2.1.28. TCE shall mean TATA Consulting Engineers Limited appointed as PMC (Project

Management CONSULTANT)

2.1.29. PROCESS LICENSOR & ENGINEERING CONSULTANT shall mean

CONSULTANT appointed by OWNER for Supply of Process Technology, Basic &

detail engineering, Erection supervision, commissioning and guarantee test run

for setting up a 200 TPD Acetic Acid plant including CO separation unit i.e.

Beijing Zehua Chemical Engineering Company Ltd.

2.1.30. LETTER OF INTENT (LOI) shall mean an official intimation by OWNER through

Telex/Fax/Telegram/Letter to the successful BIDDER that his BID has been

accepted in accordance with the provisions contained therein.

2.1.31. PERDIEM means a continuous period of 8 hours on any DAY.

2.1.32. MANHOUR means a continuous period of one hour on any DAY.

2.1.33. MECHANICAL COMPLETION means the time when all the physical construction

of the plant has been completed, all pre-commissioning operations and tests, in

accordance with a mutually agreed detailed procedure have been satisfactorily

completed and the FACILITY is ready to receive feed.




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2.1.34. MONTH means continuous period of 30 days commencing from and inclusive of

a particular day in a calendar month.

2.1.35. OFFSITE /UTILITY UNITS shall mean all utility systems and facilities required

for the Project

2.1.36. OWNER shall mean APL through its designated representatives.

2.1.37. PARTIES shall mean APL and CONSULTANT.

2.1.38. PERMANENT WORKS shall mean and include all the systems items,

equipment, services, activities and SITE installations for civil foundations, roads,

buildings, super-structures, pipe racks, underground / above ground piping, all

electrical and instrumentation, insulation, painting, fireproofing, etc. or a part

thereof as the case may be, to be provided/done /executed /performed for

creating the facility for production of 200 TPD Acetic Acid.

2.1.39. PROCUREMENT (non-proprietary items) shall mean all responsibilities and

activities for preparation of procurement plan, procurement procedures, VENDOR

List, procurement general & commercial specification, making enquiries, making

price estimates, receiving bids, bid evaluation, making of commercial

recommendation, preparation of draft LOI and draft purchase order / Work Order,

Work Order specification / Contract Document, inspection and expediting,

transportation to site, Construction / Contract Services, pre-commissioning and

commissioning. PROCUREMENT shall also include coordinating with Process

LICENSOR for Technical specification, Technical Bid Evaluation, VENDOR

drawing and document Review, Inspection & Testing, Technical Order

Specifications.

2.1.40. PROCUREMENT (proprietary items) shall mean all responsibilities and activities

beyond items received on CIF Kolkata Port Basis including but not limited to port

clearance, handling and transportation including indigenous transit insurance to

SITE, Construction / Contract Services, pre-commissioning and commissioning.

2.1.41. PROJECT shall mean setting up of the 200 TPD Acetic Acid Plant with all

required auxiliaries and offsite facilities including CO Separation unit.

2.1.42. SITE shall mean the location on which various activities/ faci lities under this

CONTRACT are to be carried out/ provided.

2.1.43. STARTUP shall mean the action by which the feed stock is brought to the

system/ sub-system or the FACILITIES for the purpose of COMMISSIONING.

2.1.44. SUB-CONTRACTOR shall mean any person or firm or company, other than the

CONSULTANT, to whom any one or more of the services are entrusted by the

CONSULTANT within scope of the CONTRACT with prior written consent or




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OWNER.

2.1.45. TECHNICAL DOCUMENTATION shall mean such data, plans, specifications,

flow sheets, drawings and similar technical document, to be supplied by

CONSULTANT under the CONTRACT and shall include technical documentation

as mentioned elsewhere.

2.1.46. VENDOR shall mean any person, company, firm or body engaged by OWNER

OR by CONSULTANT on behalf of OWNER for supply of equipment,

material from India and/or abroad.

2.1.47. WARANTEE PERIOD shall mean the period during which the CONSULTANT

stands responsible for rectifying all defects free of cost that may appear in the

WORK executed by CONSULTANT in pursuance of the CONTRACT and for

providing guarantees and warranties for the PERMANENT WORKS which have

been executed in accordance with the WORK carried out under the CONTRACT.

WARANTEE PERIOD shall remain in force up to Eighteen months (18) months

after issue of COMPLETION CERTIFICATE or up to one year after issue of

ACCEPTANCE CERTIFICATE (PROVISIONAL) whichever is earlier.

2.1.48. WEEK shall mean continuous period of seven days commencing from and

inclusive of a particular day.

2.1.49. WORK shall mean and include all activities as given under the scope of WORK

to be executed, all items and things to be provided / done and services and

activities to be performed by the CONSULTANT in accordance with the

CONTRACT.

2.2 Following Abbreviations given in alphabetical order, shall have the meanings hereby

assigned to them except where the context otherwise require:

2.2.1. “ATC” means Agreed Terms and Conditions

2.2.2. “BIS” means Bureau of Indian Standard

2.2.3. “BEC” means Bid Evaluation Criteria

2.2.4. “BG” means Bank Guarantee

2.2.5. “BQC” means Bidders’ Qualification Criteria.

2.2.6. "CD" means Compact Disc

2.2.7. “CE” means Conformité Européenne ( European Community)

2.2.8. “CDD” means Contractual Delivery / Completion Date

2.2.9. “CPBG” means Composite Performance Bank Guarantee

2.2.10. “CPWD” means Central Public Works Department




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2.2.11. “CST” means Central Sales Tax

2.2.12. “DD” means Demand Draft

2.2.13. “DCP” means Dry Chemical Powder

2.2.14. “DGM” means Deputy General Manager

2.2.15. “DHT” means Diesel Hydro Treating

2.2.16. “ECC” means Excise Control Code

2.2.17. “ELCB” means Earth Leakage Circuit Breaker

2.2.18. "EMD" means Earnest Money Deposit

2.2.19. “EPF” means Employee Provident Fund

2.2.20. “ESIC” means Employees' State Insurance Corporation

2.2.21. “F&S” means Fire & Safety

2.2.22. “FGCU” means Flue Gas Scrubbing Unit

2.2.23. “FOR” means Free on Road

2.2.24. “FOT” means Free On Truck

2.2.25. “GC” means Goods Consignment

2.2.26. "GCC" means General Conditions of Contract

2.2.27. “GPC” means General Purchase Condition

2.2.28. “GTC” means General Terms and Conditions

2.2.29. “HSE” means Health, Safety & Environment

2.2.30. "HPCL" means Hindustan Petroleum Corporation Limited

2.2.31. “IFP” means Invitation for Pre-qualification

2.2.32. “IR” means Industry Relation

2.2.33. “ISO” means International Organization for Standardization

2.2.34. "ITB" means Instructions to Bid

2.2.35. “LD” means Liquidated Damages

2.2.36. "LIB" means Letter Inviting Bid

2.2.37. "LIT" means Letter Inviting Tender

2.2.38. “LOI” means Letter of Intent

2.2.39. “KMPH” means Kilometer per hour

2.2.40. “Kg” means Kilogram

2.2.41. “MVAT” means Maharashtra’s Value Added Tax

2.2.42. “MVL” means Master VENDOR List

2.2.43. “NDT” means Non Destructive Testing

2.2.44. "NIB" means Notice Inviting Bid

2.2.45. "NIT" means Notice Inviting Tender

2.2.46. “NSIC” means National Small Scale industries corporation




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2.2.47. “PAN” means Permanent Account Number

2.2.48. “PESO” means Petroleum and Explosive Safety Organization

2.2.49. “PBG” means Performance Bank Guarantee

2.2.50. “PF” means Provident Fund

2.2.51. “PO” means Purchase Order

2.2.52. “PMC” means Project Management CONSULTANT

2.2.53. “PPE” means Personal Protective Equipment

2.2.54. “PVC” means Price Variation Clause

2.2.55. “QAP” means Quality Assurance Plan

2.2.56. “QMS” means Quality Management System

2.2.57. “RA” means Running Account

2.2.58. “RR” means Railway Receipt

2.2.59. “RT” means Radiographic Testing

2.2.60. “SAP” means Systems, Applications and Products in Data Processing

2.2.61. "SCC" means Special Conditions of Contract

2.2.62. “SOP” means Schedule of Price(s)

2.2.63. “SOR” means Schedule of Rate(s)

2.2.64. “SPC” means Special Purchase Conditions

2.2.65. “SWP” means Safe Working Practices

2.2.66. “TCE” means Tata Consulting Engineers Ltd.

2.2.67. “TDS” means Tax Deduction at Source

2.2.68. “TI” means Transparency International

2.2.69. “TIN” means Tax Information Network

2.2.70. “TR” means True Receipt / Transport Receipt

2.2.71. “VAT” means Value Added Tax

http://www.google.co.in/url?sa=t&rct=j&q=peso&source=web&cd=1&cad=rja&ved=0CC4QFjAA&url=http%3A%2F%2Fpeso.gov.in%2F&ei=rQUKUdzIKsOrrAeg7ID4AQ&usg=AFQjCNFHSkR8pY6814u5IP68ewu302eNFw&bvm=bv.41642243,d.bmk


TCE.6842A-G-300-303 EFFECTIVE DATE OF CONTRACT SHEET 32 OF 152


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3. EFFECTIVE DATE OF CONTRACT

The issue of LOI shall be Effective date of the contract. CONSULTANT shall

commence its work on issue of LOI.


TCE.6842A-G-300-303 SCOPE OF WORK SHEET 33 OF 150


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4. SCOPE OF WORK

4.1. The PROCESS LICENSOR & ENGINEERING CONSULTANT will supply Acetic Acid

technology, do basic and detail design and engineering, supply proprietary items of

process LICENSOR/technology supplier on CIF Kolkata Port basis, erection

supervision, commissioning and Guarantee Test run for setting up a 200 TPD Acetic

Acid Plant based on Methanol Carbonylation route with Carbon Monoxide separation

unit at Namrup, Dist. Dibrugarh, Assam, India.

4.2. The CONSULTANT is required to carry out all responsibilities and activities for

Procurement services, Construction management services and engagement of

erection contractors, Assistance in Pre-commissioning, commissioning, assistance in

Performance Test & Guarantee Test run for setting up a 200 TPD Acetic Acid Plant

including Carbon Monoxide separation unit, based on Methanol carbonylation

(Methanol + CO) route.

4.3. CONSULTANT shall be responsible for verification of technical documents /

specifications received from PROCESS LICENSOR & ENGINEERING CONSULTANT

for completeness in all respect for purpose of procurement and contracts.

4.4. CONSULTANT shall work in close coordination and assist PROCESS LICENSOR &

ENGINEERING CONSULTANT in Construction / Erection, Pre-commissioning and

commissioning. PROCESS LICENSOR & ENGINEERING CONSULTANT will be

appointing one full time coordinator in India specifically for technical procurement

services for non-proprietary equipment. CONSULTANT shall also work in close

coordination with this coordinator for procurement related activities.

4.5. PROJECT IMPLEMENTATION SCHEDULE

4.5.1. Within 30 days from the date of issue of LOI (Letter of Intent), CONSULTANT shall

provide the project Master Schedule to achieve the target date of MECHANICAL

COMPLETION in line with the project Implementation Schedule (refer Annexure - 24 ).

The Master Schedule shall be discussed and approved by OWNER. After the approval

of the Master Schedule, CONSULTANT shall expand the activities of the Master

Schedule into sub-schedules as the progress is made on the PROJECT. For this

CONSULTANT shall obtain from VENDOR and CONTRACTORS their detailed

schedule of activities relating to the tasks to be carried out by them and incorporate in

the Master Schedule. CONSULTANT shall on the basis of the approved Master

Schedule develop a Network Schedule in accordance with its standard procedures




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and available reputed software (Such as Primavera or MS Project) and at a level of

detailing as mutually agreed. It will show scheduled start, scheduled finish, actual start

and actual finish dates and percentage of completion. This Network Schedule shall be

updated every month or as otherwise agreed.

4.5.2. In case there is any revision in the duration of any activity, the same shall be

indicated by CONSULTANT along with updated data for the schedule. CONSULTANT

shall detail out the actions to be effected to achieve the targeted dates and the same

shall be discussed and reviewed with OWNER, periodically, and the schedule shall be

periodically revised and updated to reflect the latest information. The co-ordination

procedure between the OWNER and CONSULTANT will be as per guidelines given in

Annexure -12.

4.5.3. CONSULTANT shall collate project data, generation and monitoring of documents on

regular basis. CONSULTANT shall notify OWNER regarding change envisaged in the

plant as soon as they are identified.

4.5.4. CONSULTANT shall prepare coordination procedure giving following details:

a. Project Organization (Relationship between CONSULTANT / OWNER /

PMC / Process LICENSOR & Engineering CONSULTANT / VENDORs /

CONTRACTORs)

b. Project reference and address

c. Communication between OWNER and others

d. Information to be obtained from OWNER

e. Minutes of Meetings

f. Change Notice procedure for VENDORs and CONTRACTORs

g. Documents to be issued to OWNER and approvals by OWNER

h. Managements of interface issues with other CONSULTANTs

i. Co-ordination with LICENSOR & Other Parties

4.5.5. CONSULTANT shall prepare a computerized programme indicating critical (milestone)

events considering the overall project completion. CONSULTANT shall prepare regular

activity schedule defining the work required to be done during a specific period based

on the overall programme. CONSULTANT shall prepare fortnightly / monthly planning

reports indicating (discipline-wise) planned and actual progress of procurement and

construction in formats to be agreed from time to time. CONSULTANT shall generate

and monitor documents like enquiry status report, document control index, and




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communication / transmittal log and approval status, exception reports, look ahead

schedule, expediting reports, recovery plan, interface input / output etc.

4.6. OWNER'S PARTICIPATION

4.6.1. CONSULTANT shall associate OWNER's representative(s) with WORK as carried out

by CONSULTANT wherever desired by OWNER.

4.7. PROCUREMENT SERVICES

4.7.1. CONSULTANT shall provide PROCUREMENT services for materials and Works

Contracts related to installation of 200 TPD Acetic Acid Plant with CO separation Unit

for all non-proprietary items/ works / equipments and limited procurement services

beyond CIF Kolkata Port basis for proprietary equipments / items.

4.7.2. CONSULTANT shall draw out a schedule for PROCUREMENT of all goods and

services. This shall include relevant enquiry packages, the scheduled dates for

issue of enquiries, preferred delivery periods, bid opening, sending

recommendations and issue of purchase order/works contract.

4.7.3. EQUIPMENT procured shall be according to PROCESS LICENSOR'S technical

specifications, of the best acceptable quality, proven record of performance at

reasonable cost, and with suitable delivery time to meet MECHANICAL

COMPLETION as per schedule.

4.7.4. PROCUREMENT services shall include (without being limited to) the following for

NON PROPRIETARY ITEMS:

a) Preparation of Procurement Plans & Procedures

b) Preparation of a list of qualified VENDOR (S) of selected items for approval by

OWNER.

c) Supply of general & commercial specifications and complete Tender for

approval by OWNER.

d) Preparation of bid documents for tendering

e) Preparation of Price Estimates to an extent of +/- 20%.

f) Inviting and receiving quotation in sealed covers.

g) Response to Any commercial queries by bidders.

i) Bid evaluation on the basis and norms approved by the OWNER. Bid

evaluation shall be including negotiations with prospective CONTRACTORs,

where necessary. Price negotiation will be done by OWNER in participation with




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the CONSULTANT.

h) Preparation and submission of CONSULTANT‘S recommendation in regard to

selection of VENDOR for award of job in the format approved by the OWNER

for Approval.

i) After getting OWNER’S approval on final selection of VENDOR for award of

job, preparation of Letter of Intent (LOI) & purchase orders (PO) / Work Order

(WO) for all items together with spares and special maintenance tools

covering accordingly all terms and conditions such as specifications,

requirements for quality, inspection, and test, warranties and guarantees and

commissioning assistance by VENDOR, delivery schedule, packing,

transportation and insurance, and documentation ensuring accuracy of

purchase order. OWNER shall sign and approve the final selection for award

of job.

j) OWNER shall sign the LOI & PO / WO. CONSULTANT shall issue LOI & PO /

WO to VENDORS / CONTRACTORS on behalf of the OWNER. A sent copy

of all LOI & PO /WO with enclosures shall be sent to OWNER / TCE.

k) CONSULTANT shall be responsible for the accuracy and completeness of LOI

& PO / WO. Any approval by OWNER’S representative shall not relieve

CONSULTANT of such responsibility.

l) Supply of shop fabrication drawings as made available by VENDOR.

m) Supply of characteristic curves for pumps and compressors, etc. as made

available by VENDOR.

n) Supply of certified drawings including civil scope drawing and loading data,

Pertinent bulletin, installation, operation and maintenance manuals and test

Certificates as received from VENDOR.

o) Supply of as built VENDOR’s drawings, Furthermore one reproducible upon

Completion of work shall be provided as far as possible.

p) CONSULTANT shall arrange, on behalf of OWNER, services of VENDOR'S

specialist for installation and commissioning of equipment wherever

considered necessary by OWNER / TCE.

q) CONSULTANT shall arrange for re-procurement of such items of equipment

that are lost, damaged or short supplied.

r) For items required for performance guarantee, CONSULTANT shall establish

an inspection and expediting system and use its services for obtaining

EQUIPMENT which conforms to the required technical and quality

specifications and delivery according to purchase orders. Copies of expediting

and inspection records, duly prepared by expeditor and/or inspector of

CONSULTANT shall be sent directly to OWNER to avoid time delay. Where

required by OWNER, CONSTULTANT shall provide services for arranging




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third party inspection and quality certification.

4.7.5. Test Reports And Certificates

a) Purchase order/works orders shall provide for inspection and delivery instructions.

All test reports, results of radiography or core sample test conducted by

CONSULTANT or VENDORS or third party inspector shall be made available to

OWNER'S representative / PROCESS LICENSOR & ENGINEERING

CONSULTANT.

b) CONSULTANT shall arrange to provide appropriate test certificates, copies of

drawings, radiographic examination reports, and other documents by VENDOR as

required by inspecting authorities for Boiler, Factory, Electrical, Explosives, etc. or

other authorities as may be required in terms of regulations in force in the State of

Assam/India. CONSULTANT shall notify OWNER / PROCESS LICENSOR &

ENGINEERING CONSULTANT sufficiently in advance, the date of inspection of

EQUIPMENT in order that OWNER'S / PROCESS LICENSOR & ENGINEERING

CONSULTANT’S representative may also participate, if desired, in such

inspection and test. For all critical items, the CONSULTANT shall make provision

for third party inspection. Responsibility of selection of third party agency where

required by the OWNER and monitoring of the same lies with the CONSULTANT.

APL shall make payments to 3rd party agency directly. In the event that any

inspection or test is not satisfactory or an inspection or test discloses defective

material (s) or workmanship, CONSULTANT shall cause corrective measure to be

taken.

c) CONSULTANT shall not be relieved of its responsibility and liability under

CONTRACT as a result of OWNER'S / PROCESS LICENSOR & ENGINEERING

CONSULTANT’S failure to attend any inspection or test or OWNER'S failure to

detect defect noticed during any inspection or test or OWNER'S reliance on

CONSTULTANT's acceptance of any inspection or test.

4.7.6. Replacement of equipment

CONSULTANT shall provide technical / additional services for such items of

EQUIPMENT or material, which are lost, damaged, short supplied and

necessitate re-procurement.




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4.7.7. Inspection and Expediting

CONSULTANT shall inspect EQUIPMENT as and when appropriate including

those items covered by selected sub-orders at shops of VENDORS and /or

manufacturers and expedites in order to ensure as far as possible delivery

according to purchase order. At all times OWNER or any third party nominated by

OWNER, shall be entitled to inspect EQUIPMENT at the point of manufacture.

OWNER'S participation in inspection shall not relieve or discharge CONSULTANT in

any manner in his obligations, guarantees and warranties under the CONTRACT.

4.7.8. Government clearances

CONSULTANT shall prepare, according to schedules, necessary data and

specification sheets for such items of EQUIPMENT intended for import in order to

meet required procurement procedure, technical specifications, and the delivery

schedules, and these shall be submitted to OWNER for obtaining Government

clearances & deemed export benefits relating to exemption of customs duty etc.

CONSULTANT shall provide the necessary details of expatriate persons of

VENDORs to APL, to enable APL to furnish documentation required for the VENDOR

to obtain visas and other permits for its expatriate personnel.

4.7.9. Transportation of equipments

a) CONSULTANT shall render services to arrange for proper packing, transportation

from foreign manufacturers’ works to Indian port (whether by ship or aircraft) for

EQUIPMENT. CONSULTANT shall be responsible for port clearance, handling

and transportation including indigenous transit insurance to SITE. Any special

clearance, lifting, handling, loading / unloading and transport arrangements for

over dimensional consignments shall be arranged by CONSULTANT.

CONSULTANT shall arrange transportation of equipment from port/manufacturer’s

works through transport CONTRACTOR. Preparation of the list of qualified

CONTRACTORS for transportation of equipment, preparation of bid documents for

tendering and receiving quotations. Evaluation of tenders received from different

parties for undertaking the transportation of equipment shall be done by

CONSULTANT who will give their recommendation for the decision by OWNER.

OWNER shall be responsible for payments in connection with transportation by

road, rail, ship or aircraft, insurance and freight charges, customs duties, if any,

and any associated charges, CONSULTANT shall use on behalf of OWNER the

services of shipping agents appointed by OWNER and obtain applicable rebates




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available on Government consignments under related freight Conference

Agreement and as far as possible use Indian Flag Vessels.. CONSULTANT shall

arrange for expeditious port and customs clearance for the consignments to avoid

demurrage at port of unloading.

b) CONSULTANT may engage 3rd party agencies for Port clearance, Handling and

transportation to site, Special clearance for transportation of equipment under the

supervision control and responsibility of CONSULTANT. These agencies can be

engaged with approval of the OWNER. Responsibility of selection of 3rd party

agency and monitoring of the same lies with the CONSULTANT, APL shall make

payments to 3rd party agency directly.

c) CONSULTANT shall Endeavour to have the consignments in the Upper part of the

hold to enable early discharge at the Indian port. The above arrangement shall

form part of terms and conditions of relevant purchase order, wherever applicable.

CONSULTANT shall be responsible for the total stores management as per clause

given in section 5.4 (STORING OF EQUIPMENT). CONSULTANT shall be

responsible for inspection of EQUIPMENT on receipt at SITE. All reprocurement

for EQUIPMENT short shipped, lost or damaged during transit shall be the

responsibility of CONSULTANT.

d) Responsibility of transportation of equipments, as mentioned in this clause, is

entirely in CONSULTANT’s scope. This will also be applicable for services towards

re-procurement of short-supplied, lost or damaged items during transit, including

providing technical & expediting services for insurance claims. As mentioned, in

clause given in section 9.2 (INSURANCE), OWNER will take all necessary &

adequate insurance cover for transit risks.

4.8. CONSTRUCTION & CONTRACTING SERVICES

The CONSULTANT will place specialist at site during erection who will supervise

construction/erection activities such that the CONSULTANT ensures that

construction/erection is being done is in conformity with the Contractual Obligation and

design & Engineering by PROCESS LICENSOR & ENGINEERING CONSULTANT.

CONSULTANT has to work in close coordination with PROCESS LICENSOR &

ENGINEERING CONSULTANT for successful construction / erection is being done as

per contractual requirement and as per instructions of PROCESS LICENSOR &

ENGINEERING CONSULTANT.




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The CONSULTANT will give the tentative requirement of number of specialists to be

deputed for erection, supervision and period thereof.

CONSULTANT shall provide supervision services for all CONSTRUCTION

activities. CONSULTANT shall carry out construction service like (but not limited to)

interpretation of drawings, civil works, erection, site fabrication, piping, instrumentation

electrical installation, insulation, painting, testing and pre-commissioning and any

other CONSTRUCTION jobs leading to MECHANICAL COMPLETION.

CONSULTANT shall organize these activities in appropriate sequence and use

proper methods giving due regard to the requirement of safety, quality, sound

engineering practice, compliance with relevant codes and regulations, and for

achieving MECHANICAL COMPLETION within the guaranteed period. The services

performed by CONSULTANT shall include, but not limited to the following:

i) Preparation of the list of qualified CONTRACTORS for various CONSTRUCTION activities for approval by OWNER.

ii) Preparation of bid documents for tendering.

iii) Inviting and receiving sealed quotations.

iv) Bid evaluation on the basis and norms approved by the OWNER. Bid

evaluation shall be including negotiations with prospective CONTRACTORs,

where necessary. Price negotiation will be done in participation of the OWNER.

v) Preparation of LOI & works contracts stipulating all terms, conditions, quality, time schedule, and penalties, for award of contract by OWNER.

vi) Preparation and submission of CONSULTANT‘S recommendation in regard to selection of CONTRACTOR for award of job in the format approved by the OWNER for Approval.

vii) After getting OWNER’S approval on final selection of CONTRACTOR for award of job, preparation of Letter of Intent (LOI) & Work Order (WO) for all items together with spares and special maintenance tools covering accordingly all terms and conditions such as specifications, requirements for quality, inspection, and test, warranties and guarantees, completion schedule, insurance, and documentation ensuring accuracy of Work order. OWNER shall sign and approve the final selection for award of job.

viii) OWNER shall sign the LOI & WO. CONSULTANT shall issue LOI & WO to VENDORS on behalf of the OWNER. A signed copy of all LOI & WO orders with enclosures shall be sent to OWNER.

ix) CONSULTANT shall be responsible for the accuracy and completeness of LOI & purchase orders. Any approval by OWNER’S representative shall not relieve CONSULTANT of such responsibility.

x) Review construction plan of different CONTRACTORs

xi) Review and approve construction schedules

xii) Organize, plan and manage the construction work. CONSULTANT shall visit




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CONTRACTOR / their SUPPLIERS shop to carry out / witness critical inspection & testing activities.

xiii) Coordinate, inspect and expedite the work of CONTRACTOR in order to secure completion of contracts in conformity with plans, specifications and approved schedules and as per Process package.

xiv) Ensure and certify quality and quantity of work performed by CONTRACTORs and maintain necessary records required for verifying quality and quantity of work and CONTRACTOR’s bills according to the conditions of contracts. Analyzing extra claims and quantity variations, if any and forwarding the recommendations to OWNER.

xv) Fix construction programs, schedules, targets, etc. with the construction agencies and periodical review of the same.

xvi) Controlling change orders

xvii) Liaison with OWNER project team

xviii) Liaise with Construction Head Office in order to ensure adequate and timely flow of drawings, data, equipment and material to the field.

xix) Monitor allocation of construction resources

xx) Initiate action for arranging the services of VENDOR’s specialists as required for satisfactory execution of erection and mechanical trial run, in terms of respective contract.

xxi) Prepare construction progress report, construction schedule, action plan and other reports as per standard practice.

xxii) Warehouse management & spare parts management

xxiii) Preparation and liquidation of check list / punch list for mechanical completion and commissioning.

xxiv) Implementation of safety procedures and practices.

xxv) Review the construction work / progress regularly to ensure that the site CONTRACTOR's allocation of number and type of manpower is adequate, and to ensure that construction equipment, cranes, tools, tackles, scaffolding, lighting etc. for the execution of the work are adequate and in safe working condition.

xxvi) Monitor planned and actual delivery of equipment

xxvii) Monitor work at site against schedule, recommending to OWNER about pre-commissioning

xxviii) Monitoring and reviewing construction dossiers

xxix) CONSULTANT to ensure compliance of safety regulations including safety gear such as safety helmets, safety shoes, gloves, earplugs, goggles, safety belts, safety nets etc.

xxx) Review of quality, safety and HSE plans

xxxi) All material handling equipment should be subjected to required load test, initially and then periodically, to ensure safe / stable operation including witnessing and maintaining record of all such tests.

xxxii) Verify the actual work completed by the site CONTRACTORs and recommend




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to OWNER for release of each progress payment according to the contract.

xxxiii) Review the construction quality assurance plans prepared by the site CONTRACTORs to ensure compliance to approved codes / standards / specifications, etc:

xxxiv) Recommend to OWNER for resolution of problems

xxxv) Review, audit and approve welding procedures and welders qualification procedures that are submitted by the CONTRACTORs for their works.

xxxvi) Monitor compliance of various statutory rules, regulations and safety measures and ensure that site CONTRACTORs arrange and coordinate site inspection, testing etc. as required under local statutory rules and regulations prevalent in India.

xxxvii) Ensure that site CONTRACTORs take all necessary precautions to protect construction work and material from damage by climate, outside elements and construction activities.

xxxviii) Alert OWNER and the site CONTRACTOR immediately of any use of materials not in accordance with the drawings and Project specification and take immediate corrective action.

xxxix) Review safety procedures prepared by the site CONTRACTORs for compliance with applicable codes, regulations and OWNER, LICENSOR requirements.

xl) Review site CONTRACTORs schemes for heavy / critical equipment's erection / lifts / rigging before CONTRACTOR effects such critical / heavy lifts.

xli) Review alignment (hot / cold) of all rotary equipment / machinery by site CONTRACTOR and their upkeep / maintenance as per suppliers’ recommendations.

xlii) Advise site CONTRACTORs to take immediate appropriate corrective actions as & when discrepancy arises to fulfill quality and safety obligations.

xliii) Review and certify As-built drawings to be prepared by respective CONTRACTORs and submit the same to APL.

xliv) Monitor construction planning and execution of construction work to verify that safety issues are adequately addressed

xlv) Advice OWNER about any deviations or inconsistencies with proposed corrective actions

xlvi) Review and approve the quality documentation submitted by CONTRACTORs

xlvii) Perform the quality audits

xlviii) CONSULTANT shall assess the availability of tools/tackles/special construction aids required for CONSTRUCTION and available with OWNER and arrange for all other such aids/tools/tackles himself which are not available at SITE with the OWNER, but are necessary for CONSTRUCTION / erection of proprietary / non-proprietary equipment.

xlix) CONSULTANT shall be responsible to record measurement of civil, mechanical and other erection work in measurement sheets periodically. These measurements shall be carried out jointly by CONSULTANT'S and CONTRACTOR'S representatives. The measurements so recorded shall form the basis for verification and payments of running and final bills of




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CONTRACTORS. CONSULTANT shall check and recommend the bills of CONTRACTORS for payment and OWNER shall pay to the CONTRACTORS the certified amounts on certification by ENGINEER-IN- CHARGE for payment.

l) Review, audit & approve welding procedure submitted by CONTRACTORs

li) Co-ordinate & ensure the presence of VENDOR representatives during erection & commissioning of equipments / instruments wherever required.

4.9. MECHANICAL COMPLETION

CONSULTANT shall be responsible for all services leading to MECHANICAL

COMPLETION.

4.10. PRE-COMMISSIONING SERVICE

CONSULTANT shall render and be responsible for supervision and direction of pre-

commissioning activities leading to MECHANICAL COMPLETION. These activities

will include relevant checking, adjustment, testing, calibration, running-in and trial

runs of individual items of EQUIPMENT, and other similar jobs.

CONSULTANT shall provide experienced personnel as required for carrying out the

supervision of pre-commissioning activities with OWNER's personnel

CONSULTANT shall arrange for VENDOR's specialists where required. Suitable

provision for such services shall be made by CONSULTANT in respective WO’s /

PO’s.

CONSULTANT to ensure that all the pre-commissioning / commissioning activities of the Project are carried out by site CONTRACTOR / other agencies in accordance with the instructions of PROCESS LICENSOR & ENGINEERING CONSULTANT and as per established procedure, schedules and program, as detailed below:

- Hot alignment checks and running of rotating equipment.

- Equipment operation checks e.g. vibration, trips, functioning of safety devices

and other required operating tests and adjustments.

- Flushing, blowing and chemical cleaning.

- Installation of temporary screens, strainers, and blinds.

- Adjustments and replacements, if necessary, of mechanical seals, packing and accessories as required.




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- Necessary purge operations, including installation of temporary purge piping or hoses to equipment connections.

- Checking of bores of orifice plates and installing them after flushing operations.

- Instrument calibrations with standard test equipment and all required adjustments and control point settings.

- Functional check on all instruments and controllers.

- Check all instrument loops for proper functioning.

- Checking and recording positions of all valves.

- Checks on pipe hangers, supports; and guides for hot/cold settings and necessary adjustments.

- Refractory dry out for furnaces, stacks and heat recovery sections.

- Ensure that the CONTRACTORs shall rectify all defects and deficiencies found during the course of Commissioning.

- Testing of Equipment / Piping like hydro test, pneumatic test etc.

- Checking the availability of spares for pre-commissioning & commissioning.

4.11. COMMISSIONING & PERFORMANCE TESTS

4.11.1. COMMISSIONING:

CONSULTANT shall be responsible for supervision and direction of commissioning

after pre-commissioning activities have been completed giving due regard to safety of

EQUIPNMENT according to sound international practice. Commissioning shall mean

stabilizing operation of the individual equipment Plant and system along with their

auxiliaries.

CONSULTANT to ensure that all the commissioning activities of the Project are carried

out by site CONTRACTOR / other agencies in accordance with the instructions of

PROCESS LICENSOR & ENGINEERING CONSULTANT.

4.11.2. PERFORMANCE TEST

PROCESS LICENSOR & ENGINEERING CONSULTANT shall be responsible for

conducting a performance test to establish the sustained operation of the plant over a

period of 90 days. CONSULTANT shall provide assistance in Performance test as per




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instructions by PROCESS LICENSOR & ENGINEERING CONSULTANT.

4.11.3. GUARANTEE TEST

PROCESS LICENSOR & ENGINEERING CONSULTANT shall be responsible for

conducting a guarantee test for duration of 72 hrs to demonstrate the ability of the plant

for meeting the performance level. CONSULTANT shall provide assistance in

Guarantee test as per instructions by PROCESS LICENSOR & ENGINEERING

CONSULTANT.

4.12. SAFETY AND PLANT SECURITY

4.12.1. CONSULTANT shall observe and also use his best efforts to ensure that all

parts of WORK carried out at SITE being done in a safe and satisfactory manner

conforming to applicable Safety Rules and Regulations. CONSULTANT shall

provide safety apparel and equipment to their employees. OWNER shall have

the right to object to any unsafe practice followed by CONSULTANT’s

employees or any CONTRACTOR'S /SUB CONTRACTOR's personnel and direct

them to carry out the job in a manner considered safe by OWNER.

4.12.2. CONSULTANT shall observe all safety rules so that no harm is done to

OWNER's employees or property. OWNER shall have a right to object to any unsafe

practices followed by CONSULTANT. If on account of CONSULTANT, OWNERS's

property or personnel are likely to suffer any damage, in such cases any directions

issued by OWNER’S Safety Officer shall be carried out by CONSULTANT.

4.13. PROGRESS MONITORING AND REPORTING

CONSULTANT shall follow the latest monitoring system for monitoring and reporting

progress on the various activities up to MECHANICAL COMPLETION and

subsequent activities of pre-commissioning and commissioning. The Master

Schedules for monitoring and reporting shall include the activities of CONSULTANT,

VENDORS and CONTRACTORS. CONSULTANT shall monitor progress continuously

and prepare and submit to OWNER monthly progress reports giving the starts of the

activities, indicating those delayed and action being taken, or required to be taken, to

bring back those activities on schedule. These reports will also include progress at

VENDOR's workshops and will be supplemented with photographs, wherever

necessary. The schedule shall be updated once a month. CONSULTANT shall also

furnish information to OWNER as may be required by any Government authority or

any other agency such as financing institution etc.




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4.14. STATUTORY APPROVAL

CONSULTANT shall provide all assistances to the OWNER for the OWNER to get

the required statutory approvals from Government /local authorities.

4.15. LAWS AND REGULATIONS

CONSULTANT shall abide, while fulfilling its obligations, by all applicable codes, laws

and regulations from time to time in force in the State of Assam and in India.

4.16. WORK OF CONTRACTOR

CONSULTANT remain responsible for proper execution of such parts of WORK as

are carried out by the CONTRACTOR and any failure on their part shall not relieve

CONSULTANT of his obligations under CONTRACT.

4.17. CHANGE ORDERS

CONSULTANT shall devise a system for incorporating change orders for civil and

erection works arising out of change in specification, nature of work and/or increase in

scope of work etc. Change of work is to be carried out after obtaining necessary

written approval from OWNER subject to conditions given in Annexure 14.


TCE.6842A-G-300-303 OWNER’S OBLIGATIONS SHEET 47 OF 150


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5. OWNER'S OBLIGATIONS

OWNER shall be responsible for fulfilling all obligations as specified

hereunder.

5.1. INFORMATION/DATA

1. OWNER shall make every effort to provide the CONSULTANT with the data on

existing facilities as required for performing his responsibilities stipulated in this bid

documents for the work.

2. Required plot of land is available for proposed 500 TPD Methanol & 200 TPD

Acetic Acid plant with CO separation unit at Namrup adjacent to the existing

petrochemicals complex.

3. APL intends to set up a 500 MTPD (Design capacity) Methanol plant in addition to

its existing 100 MTPD methanol plant. The plant will be based on Natural gas.

Natural gas shall be catalytically reformed to produce synthesis gas, part of which

shall be used as an input to CO separation unit inside 200 TPD acetic acid plant.

4. Electric Power:

Following are conditions of Electric power at the primary terminal of the

disconnecting switch of the main substation of the plant -

Type : A.C., 3 phases, 3 wires

Voltage : 33KV±10%

11 KV ±10%

3.3KV±10%

415KV±10%

Frequency : 50 Hz + 3% to - 6%

Combined Variation : ±10%with frequency

variat ion not

exceeding +3% to -

6%

5. Climatic Conditions

1. Site Elevation : 124m above MSL

2. Atmospheric pressure : 760mmHg

3. Ambient Air Temperature : Maximum 38°C

Minimum 5°C




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Flow Sheet 30 °C

4. Wet bulb Temperature : 28°C

5. Relative Humidity : Maximum 95% at 37°C

Flow Sheet 70% at 20°C

6. Wind Velocity : Maximum 160 Km/hr

7. Rainfall : 50 mm/hr (max.)

8. Seismic factor : 0.1

5.2. REVIEW AND APPROVAL OF WORK

a) Approval of schemes, VENDORS/ SUB-CONTRACTORS list, purchase orders

and work contracts subject to conditions given at annexure-14

b) Participation in inspection, expediting and testing EQUIPMENT at VENDOR's

works and at SITE, wherever considered necessary by OWNER.

5.3. GOVERNMENT CLEARANCE FOR IMPORTS

OWNER shall obtain the necessary clearance from the Government wherever required

in connection with the PROCUREMENT after the CONSULTANT provides all the

relevant documents required for the purpose.

5.4. STORING OF EQUIPMENT

CONSULTANT shall be responsible for maintenance and management of stores and

warehousing of EQUIPMENT at SITE including all activities connected with the

storage and issue of EQUIPMENT, accounting and final reconciliation after inspection

and acceptance of the materials at SITE.

5.5. OPERATING PERSONNEL

OWNER shall provide experienced operating personal according to its organization,

specifications, and standards during the pre-commissioning and COMMISSIONING

activities, who will work under the direction and control of CONSULTANT / PROCESS

LICENSOR & ENGINEERING CONSULTANT. OWNER shall also provide adequate

number of trained personal for chemical control and other connected activities.




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5.6. STATUTORY REGULATIONS

CONSULTANT shall perform his obligations to assist the OWNER in obtaining all

sanctions, clearances, approvals, permits and licenses required as per statutory

regulations. However CONSULTANT shall ensure that such approvals/ licenses are

expedited and the WORK carried out by CONSULTANT is in conformity with statutory

requirements to the extent applicable.

5.7. SITE FACILITIES

OWNER shall provide free of cost, the following SITE facilities:

a) Organization and personnel for coordination.

b) General safety and security services. However arranging all the safety

appliances shall be the responsibility of the CONSULTANT.

c) Office and residential accommodation, and communication facilities according

to OWNER'S norms.

d) Space and warehouse for storage of EQUIPMENT.

e) Power and water for CONSTRUCTION, and other construction equipment in

possession of OWNER will be on chargeable basis subject to availability.

5.8. TAXES AND DUTIES

Payment of taxes and duties shall be made as stated in Clause 7.

5.9. INSURANCE COVERAGE

Insurance coverage shall be taken as stated under Clause 9.

5.10. PAYMENTS TO CONSULTANT

OWNER shall make payments of fees to CONSULTANT under the terms and

conditions specified in Clause 6, 7, and 8. The payments to CONSULTANT shall be

based on invoices submitted by CONSULTANT and certified by PMC/EIC.




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5.11. PAYMENT TO VENDORS & CONTRACTORS/ SUB- CONTRACTORS

OWNER shall make payment to VENDORS & CONTRACTORS/ SUB-

CONTRACTORS based on their invoices for work done, duly certified by the

CONSULTANT & OWNER as per Clause 8.

5.12. APPROVALS BY FINACING INSTITUTIONS

OWNER shall obtain approvals from financing institution, where required, and

CONSULTANT shall provide necessary information, documentation, and assistance

for obtaining such approvals.

Certification of work done will also be carried out by Process Licensor & Engineering

Consultant, and CONSULTANT shall provide necessary information, documentation,

and assistance for obtaining such certification.


TCE.6842A-G-300-303 FEES TO CONSULTANT SHEET 51 OF 150


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6. FEES TO CONSULTANT

6.1. GENERAL

CONSULTANT shall receive the fees as specified hereunder for the faithful

performance of WORK as specified in detail in clause 4 leading to

CONSULTANT's demonstration of the performance guarantees and OWNER's

acceptance of the same. Fees provided in this clause cover entire consideration

payable to CONSULTANT for all obligations of CONSULTANT except as otherwise

provided for in CONTRACT. The fee shall remain firm throughout the duration of the

CONTRACT and shall not be subject to any escalation.

Fees are to be quoted separately as per the proforma given in ANNEXURE 5. The

fee payable shall be deemed to include and cover all costs, expenses & liabilities

of every description & all issues of every kind till issue of completion certificate.


Lump sum fee for procurement services for 200 TPD Acetic Acid Plant and CO Plant.

OWNER shall pay fee on percentage of FOB (foreign)/ Ex- works (Indian)

EQUIPMENT value stated in purchase order. Inspection, expediting, coordinating

charge etc. are included in fee payable for PROCUREMENT services. However,

taxes and duties shall not be considered for this purpose.

6.3. CONSTRUCTION SERVICES

CONSULTANT shall be paid for Construction supervision services on the basis of

PERDIEM rate for the number of experts and the time period to be mutually

agreed, for rendering the above services. However, the fees for Construction

supervision shall have a capping – i.e. fees for construction supervision shall not

exceed the fees indicated as “Total estimated Fees for Construction Supervision

Services”.

6.4. PRE-COMMISSIONING AND COMMISSIONING

CONSULTANT shall be paid for PRE-COMMISSIONING and COMMISSIONING on

the basis of PERDIEM rate for the number of experts and the time period to be

mutually agreed, for rendering the above services. However, the fees for

commissioning shall have a capping – i.e., fees for Pre-Commissioning /

Commissioning shall not exceed the fees indicated as “Total estimated Fees for

Pre-Commissioning / Commissioning”.


TCE.6842A-G-300-303 FEES TO CONSULTANT SHEET 52 OF 150


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6.5. ADJUSTMENT OF FEES FOR CHANGE OF WORK

The fees specified in clauses 8.1.1 to 8.1.3 shall be changed for any change in

scope of WORK mutually agreed between OWNER & CONSULTANT pursuant to

clause 4 for any change in scope of WORK, as defined in clause 5 CONSULTANT

shall prepare a cost estimate as specified in clause 10 which shall also reflect the

effect of the changes of CONSULTANT's obligations under CONTRACT. If

OWNER wishes CONSULTANT to proceed with the change based on the cost

estimate, OWNER will authorize CONSULTANT to do so, and will confirm the

authorization in writing.


TCE.6842A-G-300-303 TAXES AND DUTIES SHEET 53 OF 150


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7. TAXES AND DUTIES

7.1 The lump sum fees, percentage and PERDIEM rates payable by the OWNER to

CONSULTANT vide Clause 6 are inclusive of all taxes, duties, charges or levies

(except service tax & educational cess) which may be assessed, imposed or levied

upon CONSULTANT by the Government of India Central & State Government of any

other country and/or any agencies of these Governments and all such taxes shall be

borne and paid by CONSULTANT (Applicable service tax & related education cess

will be paid in actual by OWNER / APL). Any tax which may be levied/ payable in the

remuneration/ facilities of the EXPATRIATE personnel deputed by CONSULTANT

shall be borne and paid by the EXPATRIATE personnel themselves or

CONSULTANT.

7.2 Indian income tax or any other tax/ amounts which OWNER is required by law to

deduct, shall be done at source and the same shall be paid to the respective

authorities from the account of CONSULTANT and OWNER shall provide

CONSULTANT with evidence of having made such payments.

7.3 CONSULTANT shall furnish all information required by the Government of India/

Indian income tax authorities for assessment/ or deduction at source of taxes in

respect of payments under the CONTRACT.

7.4 CONSULTANT shall indemnify OWNER against liability for any tax, interest or

penalty levied by the Indian tax authorities on OWNER as an agent

of CONSULTANT or of EXPATRIATES deputed by CONSULTANT to India under

this CONTRACT or in respect of works awarded/ implemented by CONTRACTOR

of the CONSULTANT.

7.5 In the event OWNER is required to represent or assist CONSULTANT and/or

EXPERTS deputed to India by CONSULTANT in defending their cases, if any,

before Tribunals, Courts or any other authority specified under the Indian income-

tax Act or any other Act, CONSULTANT shall bear expenses, whatsoever, incurred

by OWNER in connection with the same.

7.6 Taxes/ duties/ imports/ octroi / stamp duty etc. in respect of CONSTRUCTION

contracting works awarded by CONSULTANT shall be borne by

the CONTRACTOR. Works Contract tax etc. as may be deducted and payable

under law shall be deducted at source by OWNER.


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7.7 Introduction of any new taxes and any variation in service tax & educational cess

shall be at OWNER's account.

7.8 Foreign travels shall be undertaken on necessity and relevant to the jobs. Prior

approval from APL and cost if any shall be on owner's account.

7.9 Any increase in service tax shall be on owner account and decrease shall also be

passed on to owner. If due to delay in work of consultant there is increase in

service tax or other taxes and duties. Same shall be on the consultant account.

Decrease in rates shall be passed on to the owner.


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8. PAYMENT TERMS & PROCEDURE

Payments shall be made by OWNER within 30 days from submission of invoices.

8.1. GENERAL

The payment by OWNER to CONSULTANT of the fees specification clause 6 shall

become due under the following heads.

8.1.1. Procurement services

8.1.2. Construction / Contracting Services

8.1.3. Pre-Commissioning / Commissioning Services


The fee specified in clause 6.2 for PROCUREMENT services shall be paid in

installments by the OWNER as follows for each Purchase order as % of value of

items (estimated value / Ex-works/ FOB) as against the invoice to be raised by the

CONSULTANT & certified by EIC / PMC. Payment for procurement services shall be

8.2.1 Preparation of PROCUREMENT specifications (Of the estimated value)

20.00%

8.2.2

On release of purchase order to VENDORS (Payment vide 8.2.1 & 8.2.2 together should not exceed 40% of EX works / F.O.B value.)

20.00%

8.2.3 On inspection & issue of dispatch clearance 30.00%

8.2.4 On receipt of material at Site 10.00%

8.2.5 On submission of COMPETION CERTIFICATE 10.00%

8.2.6

On issue of ACCEPTANCE CERTIFICATE

(PROVISIONAL) For Acetic Acid Plant and CO Plant.

And

On submission of performance Bank Guarantee of equivalent amount for one year from the date of acceptance of the plant.

10.00%

8.3. CONSTRUCTION & CONTRACTING SERVICES

Payment to the CONSULTANT for CONSTRUCTION contracting including SITE

management/supervision as payable under clause 6.3 shall be made in the




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following manner by the OWNER against invoices to be raised by the CONSULTANT

and certified by EIC / PMC. Payment against Progressive Payment of the work shall

be done based on quoted perdiem rates.

8.3.1 On release of Work Order 20%

8.3.2 Against progressive payments of the work 60%

8.3.3 Issue of COMPLETION CERTIFICATE 10%

8.3.4



And

On submission of performance Bank Guarantee of

equivalent amount for one year from the date of

acceptance of the plant.

10%

8.4. PRE-COMMISSIONING AND COMMISSIONING SERVICES

Payment to the CONSULTANT for carrying out Pre-commissioning and

COMMISSIONING activities, assistance in / demonstration of performance

guarantees & guarantee test run shall be made by the OWNER as payable under

clause 6.4 on PERDIEM basis as follows against invoices to be raised by the

CONSULTANT and certified by EIC / PMC.

8.4.1 Against monthly bills for deployment as per mutually

Agreed schedule on actual deployment

90%

8.4.2



And

On submission of performance Bank Guarantee of

equivalent amount for one year from the date of

acceptance of the plant.

10%

8.5. SECURITY DEPOSIT

8.5.1. The CONSULTANT shall within fifteen DAYS from the date of receipt of LETTER

OF INTENT from OWNER furnish an irrevocable Bank Guarantee (confirmed by a

nationalized Bank in India in the case of Bank guarantee from abroad) as




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SECURITY DEPOST in the form attached as Annexure 4, for an amount equivalent

to 20% (Twenty percent) of the estimated total fee payable vide ANNEXURE 5 by

OWNER, (to be calculated on notional basis) for due and faithful performance of

CONTRACT by CONSULTANT. The Bank Guarantee shall be kept valid up to the

end of the WARANTEE PERIOD.

8.5.2. If the value of work as per actual execution exceeds the Contract Value as stated in

the Letter of Acceptance, further recoveries towards Security Deposit shall be

effected at 10 (ten) % of the value of each running account bill till the deficiency in

the Security Deposit is made good. Similarly, if the value as per actual execution is

less than the Contact Value, recovery towards Security Deposit, effected in the

running bills, in excess of 10 (ten) % of the value of work as per actual execution

shall be refunded to the CONTRACTOR along with final bill.

8.5.3. OWNER shall be entitled to recover all costs, charges, damages or expenses

which OWNER may have incurred for which under the CONTRACT

CONSULTANT is liable, by appropriating in part or whole, the SECURITY DEPOSIT

provided by CONSULTANT and withholding amounts due to the CONSULTANT.

Should this sum not be sufficient to cover the full amount recoverable,

CONSULTANT shall pay to OWNER on demand, the remaining amount due.

8.5.4. The amount by which the SECURITY DEPOSIT is reduced by such appropriations

shall be made good by further deduction from the CONTRACTOR’S subsequent

bills until the SECURITY DEPOSIT is restored to its earlier limit.

8.5.5. In case of delay in receipt of the above mentioned SECURITY DEPOSIT, the due

date of payment to CONSULTANT mentioned in clauses 8 may, correspondingly, be

delayed.

8.5.6. The BID BOND submitted by the CONSULTANT shall be returned on receipt of the

above SECURITY DEPOSIT bank guarantee and after EFFECTIVE DATE of the

CONTRACT.


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9. INSURANCE

9.1. OWNER shall at his own costs take all necessary and adequate insurance cover for

transit risks, storage risk CONSTRUCTION / COMMISSIONING risk , and third party

liability including a cross liability clause to cover transport, storage, erection,

installation, START-UP, sustained load test, guarantee tests and operation of

NAMRUP PLANTS and OWNER'S other EQUIPMENT, materials etc. related to this

WORK. CONSULTANT shall provide necessary technical assistance to OWNER

from home office for processing of insurance claims arising, up to issue of

ACCEPTANCE CERTIFICATE BY OWNER. Afterwards, OWNER shall establish and

maintain appropriate fire and allied risk insurance cover.

9.2. CONSULTANT will also be shown as co-insured (excluding any right to recourse

from the Insurance Company) together with OWNER's employees engaged in project

work covering liability for any and all risks, other than workmen compensation and

employers liability insurance, arising out of or in connection with the services to be

provided by CONSULTANT for the project including third party liability.

CONSULTANT shall maintain and obtain full workmen compensation and employer's

liability insurance covering all persons employed by them and insurance against

injuries or death during the course of their employment. CONSULTANT shall suitably

cover these risks under suitable policy. CONSULTANT shall make their own

arrangements for taking adequate insurance for equipment and materials brought to

site by them for CONSTRUCTION needs.


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10. CHANGES IN SCOPE OF WORK

10.1. OWNER may request for changes within the general scope of the CONTRACT by giving notice to CONSULTANT and subsequently confirming it in writing. CONSULTANT shall Endeavour to accommodate such changes within the project cost and time schedule by considering various options for quantity adjustments, deletion or change in nature of related works and other possible technical changes in consultation with OWNER. If the suggested changes cannot be accommodated as above, and result in alteration of cost, time schedule for WORK , performance of PLANT or any of the other obligations of CONSULTANT, CONSULTANT shall within ten(10) days of receipt of such notice from OWNER, advise OWNER of related changes in the terms of the Contract. OWNER may agree upon equitable adjustment in the terms so affected by the change.

10.2. No change in scope of WORK by CONSULTANT shall be recognized unless it has the prior approval of OWNER in writing.

10.3. Requests by OWNER for making good omissions or setting right errors in the WORK carried out by CONSULTANT or consequent to requirement of statutory regulations will not be treated as request for change in scope and such modifications are deemed included within the scope of CONSULTANT's obligations under the contract.

10.4. OWNER and CONSULTANT shall agree upon the basis and terms of the change in WORK in writing.

10.5. The CONSULTANT may request for extension of time for the completion of works agreed upon.

10.5.1. Any improvement/variation interferes in works / quality/quantity in such a manner that affects the progress of WORK and it cannot be accomplished in the period agreed upon.

10.5.2. The delay in completion of WORK is due to causes or procedures of the OWNER beyond control of the CONSULTANT.

10.5.3. For the application of above provisions, the CONSULTANT shall make a request to the OWNER within 30 days from the date of occurrence of the cause in view of which the CONSULANT requests extension stating the full and exact details of any request for extension of time. Such requests may be investigated and granted in full or in part or otherwise by the OWNER.


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11. MECHANICAL COMPLETION

MECHANICAL COMPLETION in respect of the EQUIPMENTS under the scope

of the CONTRACT shall include completion of all required activities of mechanical

erection and pre-commissioning including but not limited to the following activities:

11.1. MECHANICAL ERECTION

11.1.1. EQUIPMENTS are installed in accordance with the drawing specifications and

erection Contracts, including any approved changes therein and in accordance with

all applicable codes laws.

11.1.2. All coded pressure equipment is hydrostatically or pneumatically tested once either

in the supplier’s shop or in the field in accordance with applicable codes or

purchase specification.

11.1.3. Fired heaters and boilers are hydrostatically or pneumatically tested. All non-

operating pre-firing checks are made in accordance with manufacturer's instructions.

Operation of registers and dampers is checked and position of indicators verified.

11.1.4. Compressor, pumps, machinery and all drives are cold aligned .Couplings are

assembled and guards installed.

11.1.5. Instruments are installed inspected and such non operating checks are made as to

assure operability in the manner required for the process application. Instrument

air lines are checked for correct hook-up. Air lines are leak-tested.

11.1.6. Relief valves are installed .Prior to this; they will have been checked by the

supplier in the supplier's shop and rechecked at SITE.

11.1.7. Piping is hydrostatically or pneumatically tested in accordance with the

specifications. Special treatment, such as chemical cleaning is done as required

by the drawing or specifications. Suction screens are installed. Test blinds are

checked for removal of all shipping and erection stoops and for correctness of cold

settings.

11.1.8. The electrical system is installed, integrated with the electrical system of PROJECT

and existing PLANTS and tested in accordance with and to the extent required by the

electrical specifications. All wiring is checked for correct hook-up. Motor rotation is




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checked. All power system protective devices are set.

11.1.9. Insulation and winterizing are completed.

11.1.10. Painting is completed.

11.1.11. All inert packing and bed support materials such as Raschig rings and alumina balls

are installed.

11.1.12. Temporary construction facilities are removed. All dismantled materials are removed

from site.

11.2. PRE-COMMISSIONING:

Following list of typical jobs are required to be completed after MECHANICAL

ERECTION for pre-commissioning.

11.2.1. Flushing, greasing, packing and lubrication of all pumps compressors, other

machinery and their drives.

11.2.2. All machinery and drives are run -in, hot -checked for alignment and doweled.

Necessary adjustments are made as result of running-in, including resetting turbine

over speed trips.

11.2.3. Control valves are installed. Instruments, analyzers, controls, interlocks, alarms and

related items are commissioned, including operating checks, pro vision and installment

of seal fluids as required, checking and adjusting settings, standardizing and

calibration and proof tests.

11.2.4. Electrical relays and trips are commissioned and tested.

11.2.5. Valves are lubricated, packed or replaced, adjusted or otherwise serviced.

11.2.6. Temporary strainers are removed, cleaned and reinstalled.

11.2.7. Slip blinds required in preliminary circulation and star -up lines are installed /removed.

11.2.8. Equipment and lines are flushed, purged, blown and dried as required for cleanliness,

safety and process considerations. All flanges are boxed up with proper gaskets.




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11.2.9. Fires are lit, burners and dampers adjusted, refractories cured or dried, boiler and

waste heat steam system boiled out and lines warned or chilled.

11.2.10. Final adjustments are made to pipe and furnace tube supports and hangers.

11.2.11. All fire protection and safety facilities are commissioned and put into operation and

all safety provisions initiated, including practices, procedures permits and other

precautionary measures needed to ensure the safety of personnel and property.

11.2.12. As soon as Mechanical completion has been achieved, CONSULTANT shall present

Equipment for inspection and on being satisfied about its completion, OWNER shall

issue a certificate to CONSULTANT within 7 days indicating the date of Mechanical

completion.


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12. GUARANTEE FOR TIME SCHEDULE AND LIABILITIES

CONSULTANT to guarantee that WORK will be executed with all diligence and

care and in the most expeditious manner. It is understood that time is the

essence of the CONTRACT and CONSULTANT shall initiate all actions well in

time in order to ensure that each activity falling within the Scope of

CONSULTANT is completed as per agreed time schedule.

In case of any delay in the performance of WORK including supply of documents and

information by CONSULTANT, in whole or in part beyond the scheduled date of

completion/delivery, due to reasons solely attributable to the CONSULTANT other

than force majeure, CONSULTANT shall pay OWNER a sum calculated at half per

cent (0.5%) of the total fee payable for all services vide clause 6. hereof for each

week of such delay subject to a maximum of twenty percent (20%) of the said total

fee.

The Project Completion Schedule in Annexure - 24 along with Detailed Project

schedule submitted by CONSULTANT after award of job shall form the base for

guarantee for time schedule and liabilities.


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13. GUARANTEES FOR EQUIPMENT AND LIABILITIES

With respect to EQUIPMENT items for which PROCUREMENT services are

provided by CONSULTANT, CONSULTANT shall obtain, for the benefit of

OWNER, from the respective VENDORS, appropriate WARRANTEES/

GUARANTEES in favour OWNER as may be agreed to and specified in the

CONTRACT; and CONSULTANT shall use its reasonable efforts, short of

litigation, to enforce such guarantees by VENDORS and shall fully cooperate with

and assist OWNER in the enforcement of such guarantees. CONSULTANT shall

ensure that proper WARRANTEES/GUARANTEES for EQUIPMENT/ systems are

obtained for OWNER.

CONSULTANT shall not enter into any litigation with any VENDOR/CONTRACTOR.

However, in case of litigation with VENDOR / CONTRACTOR, CONSULTANT shall

provide all necessary assistance to OWNER. CONSULTANT shall also remain

responsible for the supervision and inspection of work carried out by the VENDOR /

CONTRACTOR. CONSULTANT shall be responsible for any failure caused due to his

negligence.


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14. ACCEPTANCE OF FACILITIES

As soon as the performance & guarantees vide clause 4.11.2 & 4.11.3 hereof

are successfully completed to the full satisfaction of OWNER, OWNER shall issue

an ACCEPTANCE CERTIFICATE (PROVISIONAL).

However, guarantees given by CONSULTANT vide clauses 12 and 13 hereof

will continue to be in force and OWNER shall issue an ACCEPTANCE

CERTIFICATE only after satisfactory fulfillment of these obligations also by

CONSULTANT.


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15. LIMITATIONS TO LIABILITIES

Without prejudice to provisions vide clause 12 and 13, CONSULTANT'S liability

for payment of liquidated damages hereof shall be limited to an aggregate

maximum of Twenty percent (20%) of the total fee payable amount by OWNER

under the CONTRACT.

CONSULTANT shall do detail examination of the limitations & give remedial

measure for eliminating the deficiency free of cost. CONSULTANT's liability for

modification of FACILITIES vide clause 12, 13 & 14 hereof and for infringement of

any patents are unlimited and are not included in the ceiling mentioned above.

CONSULTANT shall at all times indemnify and hold harmless APL from all

liabilities, costs, damages and expenses arising out of any claims, actions or

suits brought against APL by third parties or any related claims thereof in respect

of any actual or alleged infringement of, patent rights or registered design or

copyright or trade secret or trademark or other intellectual property right or any

similar rights resulting from the use of technology or technical information or any

improvements thereof, provided by CONSULTANT to APL. Upon APL's prompt

notification to CONSULTANT in writing of any such claims, actions or suits, upon

such notice or upon CONSULTANT otherwise coming to know of such claims,

actions or suits, CONSULTANT shall, at its own expense, conduct, defend or

dispose of, including settling of such claims, actions or suits on its own behalf

and on behalf of APL and are obliged to follow all instructions from APL in this

respect.


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16. SUB- CONTRACTING

Sub- contracting work by the CONSULTANT can be resorted to only after specific

written approval of OWNER who shall give approval for sub-letting /off-loading only

after examining the specific work for which sub-letting /off-loading is envisaged by

the CONSULTANT. Wherever possible, CONSULTANT shall explicitly state who and

what items would be given to the SUB-CONSULTANT. Even so, prime responsibility

would be that of the CONSULTANT.


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17. PROVISIONS OF SEC. 184 / 188 OF COMPANIES ACT 2013

The BIDDERS are required to certify as per Annexure 6 whether they are related to

any of the Directors of OWNER (in terms of Sec. 184/188 of the Companies Act 2013)

in any of the ways mentioned in the certificate. It is clarified that any such affirmative

certificate shall not by itself prejudice consideration of the BID.

This certificate duly completed signed and stamped on official letter head of the

BIDDER is required to be submitted with Un-priced BID keeping value of the

CONTRACT as blank. However, another copy of the same certificate in original is to

be enclosed after filling the value of the offered lumpsum price duly completed, signed

and stamped with the priced part of the BID.


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18. PATENTS

CONSULTANT shall, at all times, indemnify and keep OWNER indemnified against any

claims, which may be made with respect to the infringement of any rights protected

by patent and shall make good all damages and losses including loss of profits, if any,

suffered by the OWNER in consequence thereof.

In the event of any claim in respect of alleged breach of patent rights etc. being made

against the OWNER by any third- party, the same shall be notified to the

CONSULTANT who shall at their own expense, take all action necessary for

PROCUREMENT for OWNER the right to continue with the use of the disputed items /

work, and meet costs thereof.


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19. CONFIDENTIALITY OF INFORMATION

19.1. DEFINITION

Confidential information shall mean all information relating directly or indirectly to the

WORK and not available in public domain and which is disclosed to

CONSULTANT in writing by or on behalf of OWNER and to OWNER by or on behalf

of CONSULTANT.

19.2. DISCLOSURE TO THIRD PARTIES

CONSULTANT and OWNER shall not disclose confidential information to any third

party without prior written approval of the other PARTY.

19.3. USE OF CONFIDENTIAL INFORMATION

Either PARTY to this CONTRACT shall use the confidential information only for the

WORK to be performed for implementing this CONTRACT. Either PARTY will limit

disclosure of confidential information within its organization to only those of its

employees who need to make use of it for the aforesaid purposes.

19.4. TERMINATION PERIOD

The obligations contained in paras above shall terminate after Twenty (20) years

from the EFFECTIVE DATE of this CONTRACT.

19.5. All the drawings, technology documents shared by the PROCESS LICENSORS &

ENGINEERING CONSULTANT or that may come to CONSULTANT in course of

performance of duty shall be the property of APL. The CONSULTANT shall not

share the same with any other party even after completion of the job at APL. If the

same is shared it shall pay to APL for damages incurred equivalent to the total fees

paid to PROCESS LICENSOR & ENGINEERING CONSULTANT. Further all the

payments may be forfeited.

19.6. All manner of documentation (both hardcopies and softcopies) prepared by the

CONSULTANT pursuant to the contract for providing EPCM Services for APL’s acetic

acid plant shall be deemed to be APL’s intellectual property, and can be copied or

disclosed to any third party only upon obtaining specific written approval from APL.

Therefore all manner of project documentation prepared by the CONSULTANT shall

carry a disclosure to this effect.


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20. ARBITRATION

20.1. APPLICATION TO GENERAL

20.1.1. Unless otherwise specified, in all cases of dispute which cannot be settled by

mutual negotiation the matter shall be referred for arbitration and the disputes of

differences shall be finally settled and binding on both PARTIES by arbitration to be

held by two arbitrators appointed one by OWNER and one by CONSULTANT

chosen freely and without any limitations, out of any sources, including international

sources.

20.1.2. Arbitration will follow the Arbitration & Conciliation Act 1996 or the rules of the Indian

Council of Arbitration, as may be agreed by the two PARTIES.

20.1.3. Before entering upon the arbitration, the two arbitrators shall appoint an umpire.

20.1.4. In case the two arbitrators of the PARTIES are not able to agree and decide on the

issue(s) on the disputed matter under their arbitration, the final settlement of such

issue(s) of the disputed matter shall be referred to the binding decision of the umpire

nominated as provided under clause 20.2.

20.2. ADDITIONAL CLAUSES TO 20.1

20.2.1. The arbitrator shall give reasoned award. The award aforesaid shall be final and

binding on the PARTIES to the CONTRACT.

20.2.2. The PARTY invoking arbitration shall specify the dispute or disputes to be referred

to be arbitration.

20.2.3. Both PARTIES shall continue to fulfill their respective obligation under

CONTRACT during the arbitration proceedings.

20.2.4. The venue of arbitration shall be Guwahati, Assam.

20.2.5. It is also a term of the CONTRACT that if the CONSULTANT does not make any

demand for arbitration in respect of any claims in writing within 90 days of

receiving the intimation from the OWNER that the bill is ready for payment, the

claim of the CONSULTANT will be deemed to have been waived and absolutely

barred and OWNER shall be discharged and released of all liabilities under the

CONTRACT in respect of these claims. However the CONSULTANT may accept the

payment of bills from the OWNER without affecting their rights to raise the dispute of


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claims.

20.2.6. Subject as aforesaid, the provision of Indian Arbitration & Conciliation act, 1996 and

any statutory modification or re-enactments thereof and unless made their under

and for the time being, in force shall apply to the arbitration proceedings under this

clause.


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21. FORCE MAJEURE

21.1. Neither CONSULTANT/SUB-CONSULTANT, nor OWNER shall be considered to be

in default of the performance of their contracted obligations under the

CONTRACT, so long as such performance is prevented or delayed by force

majeure. Force majeure shall be understood to be any cause beyond the

reasonable control of the PARTY affected such as Acts of god, severe

earthquake, typhoon, cyclone (except monsoon), floods, lightning, landslide, fire,

explosion, plague, epidemic strike, lockout, sabotage, hostilities( whether war be

declared or not) ,civil war, rebellion, revolution, insurrection, military or usurped

power or confiscation, trade embargoes, restraining order control, destruction, or

requisition by order of any Government or any public authority.

21.2. The PARTY claiming the benefit of this clause shall forthwith and within 28(twenty

eight) DAYS give notice to the other PARTY specifying the event constituting force

majeure and explaining to what extent contractual obligations will thereby be

prevented or delayed and the further period for which it is estimated that such

prevention or delay will continue. CONSULTANT and OWNER shall as soon as

possible in consultation determine the length of delay likely to be caused by such

event, and on the basis of available evidence agree in writing on a fair and

reasonable extension of time for the completion of WORK, if possible, and any

other consequences of Force Majeure. The PARTY claiming force majeure shall

notify the other PARTY of the date when the event giving rise to force majeure has

ceased to exist.

21.3. OWNER and CONSULTANT shall be diligent and use their individual and

combined efforts in attempting to prevent, overcome, or avoid the causes of force

majeure. The PARTIES upon receipt of notice of force majeure shall confer

promptly with each other and mutually agree upon a course of action to remove or

alleviate such cases.

21.4. If, in spite of the action taken under clause 21.3, the state of force majeure

Continues for a period of three (3) months, then the PARTIES shall be entitled to

terminate the contract and CONSULTANT shall be entitled to be paid for all works

carried out on or prior to the effective date of force majeure by the OWNER and shall

consult each other to decide as to what action should be taken in the circumstances.


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22. SUSPENSION OF WORK

22.1. OWNER may direct CONSULTANT in writing to suspend all or any part of

WORK for such period of time as may be determined by OWNER to be necessary

or desirable for the convenience of OWNER. On receipt of such notice,

CONSULTANT shall take immediate action to wind up the WORK in such a

manner that it will cause least damage to OWNER

22.2. If such suspension delays the progress of WORK and causes additional expense or

cost to CONSULTANT, the increased costs due to such suspension shall be

compensated by the OWNER as may be mutually agreed upon by the OWNER and

CONSULTANT in writing.

22.3. OWNER shall advice CONSULTANT of the period such suspension is likely to

cover. CONSULTANT shall remobilize his personnel and resume WORK as

expeditiously as possible on receipt of instruction from OWNER to resume the

WORK.


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23. TERMINATION OF CONTRACT

23.1. Prior to OWNER invoking any of its rights under clause 23.2 and / or 23.3, or

Prior to CONSULTANT invoking any of its rights, the PARTIES shall meet and

discuss any outstanding of the other PARTY'S position. All efforts shall be made

by the PARTIES to reach an equitable and amicable solution to such issue or

dispute.

23.2. OWNER may by written notice to CONSULTANT, terminate CONTRACT whenever

OWNER deems such termination to be in its best interests of both parties. Upon

such termination the provisions of clauses 23.4, 23.7 shall be applicable.

23.3. If CONSULTANT shall neglect to execute WORK with due diligence or expedition,

or shall refuse or neglect to comply with any reasonable order given to it in writing

by OWNER in connection with WORK, or shall contravene any of the provisions of

the CONTRACT, OWNER may give notice in writing to CONSULTANT calling

upon it to make good the failure, neglect or contravention complained of, within a

period of 30 (thirty) DAYS. In CONSULTANT'S default of compliance with any

such notice, OWNER may without prejudice to its rights rescind or terminate

CONTRACT.

23.4. Upon notice of termination by OWNER pursuant to clause 23.2 and /or 23.3

OWNER may require CONSULTANT to:

a) Terminate all work

b) Release no further purchase order.

c) Deliver to OWNER (subject to Clause 19) Plans, specifications, and drawings

produced, prepared, or acquired for WORK.

23.5. On termination of Contract by OWNER under clause 23.3 OWNER may carry

out all remaining WORK either by itself or through its agents or may re-contract

to any person or company to execute the same and provide materials, tools, tackles,

or labour for the purpose of completing WORK. OWNER has the right to make

use of the amount withheld towards the cost of such WORK by giving notice in

writing of its intention of doing so to CONSULTANT.

23.6. Payment of compensation for the works performed till the date of termination will be

decided at the time of termination.

23.7. In case of termination under clause 23.2, OWNER shall elect to carry out by itself

or by any other person WORK necessary to complete WORK by using

CONSULTANT's procurement & construction services.


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23.8. If CONSULTANT commences to wind up (not being Members of Voluntary

Winding-up for the purpose of amalgamation or reorganization) or carry on his

business under a Receiver for the benefit of its creditors or any of them, OWNER

shall have liberty to:

26.7.1. Terminate the CONTRACT forthwith by notice in writing to CONSULTANT or

to the Receiver or Liquidator or to any person in whom CONTRACT may have

become vested, or

26.7.2. Give such Receiver, Liquidator or other person, the option of carrying out

CONTRACT subject to his providing a guarantee for the due and faithful

Performance of CONTRACT up to an amount to be agreed.

23.9. Similarly CONSULTANT is also authorized to terminate the contract for breach of

any contract including for delayed payments etc. by giving 30 days prior notice to

OWNER. The OWNER shall pay all dues to the CONSULTANT till the effective

date of termination subject to failure if any.


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24. MISCELLANEOUS PROVISIONS

24.1. CONSULTANT shall be responsible for meeting the requirements of Factories ACT,

Workmen Compensation Act, and other relevant requirements relating to employment

of labour directly employed by him in APL, Namrup during the course of their

employment under CONTRACT.

24.2. OWNER shall have the right to nominate a back-up CONSULTANT to monitor and

advice OWNER with respect to WORK.

24.3. CONSULTANT and OWNER understand that financing institution, if any, may

reserve certain approval rights, including but not limited to, the right to approve the

terms of CONTRACT and any and all plants, reports, specifications, contracts, bid

documents, drawings, other documents, related to CONTRACT. CONSULTANT and

OWNER further understand and agree that financing institution in reserving any or all

of the foregoing approval rights shall be treated as a lender in the course of financing

and not as a PARTY to CONTRACT. CONSULTANT and OWNER understand and

agree that financing institutions, if any , may from time to time exercise the foregoing

approval rights or discuss matters related to these RIGHTS with the PARTIES jointly

or severally, without thereby incurring any responsibility of liability to the PARTIES

jointly or severally. Any approval or failure to approve by financing institution, of

plan, report, specification, contract, bid document, drawing or other documents shall

not relive CONSULTANT of any liability which CONSULTANT might otherwise

have to OWNER. OWNER shall use its best efforts to obtain necessary

approval from financing institution, if any, and CONSULTANT shall assist OWNER

in obtaining such approvals.

24.4. OWNER shall have the right to object to any of CONSULTANT's personnel deputed

in connection with WORK, who are undesirable from point of view of misconduct,

breach of law and regulation, and are found to be negligent / incompetent in WORK.

Upon receipt written notice of OWNER giving reason to remove such personnel,

CONSULTANT shall take immediate steps to replace such personnel at no cost to

OWNER.


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25. DURATION OF CONTRACT

Unless terminated under clause 23 hereof, this CONTRACT shall remain in force for a

period of 20 years from the EFFECTIVE DATE OF CONTRACT or for 10 years from

the date of issue of ACCEPTANCE CERTIFICATE by OWNER vide clause 14

hereof whichever expires later.


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26. NOTICE AND ADDRESS

All notices and instructions given by either PARTY to the other under this

CONTRACT shall be in writing. Such notice or instruction shall be deemed to have

been properly served to OWNER, if delivered in person, or by fax, telex or mail

postage prepaid to:

Such notice instruction shall be deemed to have been properly served

to CONSULTANT if delivered in person or by fax or telex or mail postage prepaid to

(Address to be given by CONSULTANT)

The date of serving of notice or instruction shall be the date on which the said notice

or instruction is received by the PARTY. Any PARTY may change its notice address

at any time by so advising the other PARTY in writing.


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27. GOVERNING LAWS AND LANGUAGE & UNITS

27.1 CONTRACT shall be governed and constructed in accordance with laws in India.

27.2 The Courts at Guwahati, Assam only shall have the jurisdiction for the purpose of

actions and proceedings arising out of the CONTRACT.

27.3 English shall be the language for communication between CONSULTANT and

OWNER or any other PARTIES involved in implementation of CONTRACT. The

official and controlling text of CONTRACT shall be in English language, and all

notices, communications, statements, data including technical data and other written

materials to be given by OWNER to CONSULTANT or vice versa shall be made also

in English language.

27.4 Metric system of measurements shall be used in the CONTRACT unless otherwise

specified.


TCE.6842A-G-300-303

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28. BID EVALUATION NORMS

The evaluation of the bids shall be carried out as per the following criteria.

28.1. QUALITY

28.1.1. Financial Capability of bidder.

28.1.2. CONSULTANT'S relevant experience for the assignment.

28.1.3. CONSULTANT'S existing organizational structure.

28.1.4. CONSULTANT'S proposed Organogram for the assignment covering procurement,

inspection and expediting, construction and erection, Pre-commissioning /

commissioning services

28.1.5. Qualification and experience of key personnel who will be assigned for the job. (As

given in Annexure 10). In case the personnel mentioned in Annexure 10 cannot be

assigned for this job, persons with same length of experience in similar job shall be

assigned.

28.1.6. Implementation plan for the assigned job.

28.1.7. Reputation of the CONSULTANT and as a stable organization.

31.1.10. Completeness of services offered and deviations taken.

28.1.8. Time schedule for procurement, inspection and expediting, construction and erection,

Pre-commissioning / commissioning services

31.1.11. Maximum commercial obligation including penalty, Liquidity damage.

28.2. COST

28.2.1. Total fees for the assignment as defined in ITB including all reimbursable costs.

28.2.2. Payment terms.

28.2.3. Loading to cost on deviations etc.

28.3. Contract will be awarded to Sole Bidder covering overall scope of the tender

document


TCE.6842A-G-300-303

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28.4. CRITERIA FOR BID EVALUATION

For the evaluation of priced bids, total evaluated price shall be calculated as following:

Total evaluated price shall be sum of following four components, namely components

(a) + (b) + (c) + (d) as described below:

a) Total quoted fees in price bid.

Total fees shall be sum of

i) Total estimated fees for procurement services (with Capping).

ii) Total estimated fees for construction services (with Capping).

iii) Total estimated fees for Pre-commissioning / commissioning services (with

Capping).

c) Loading due to difference of payment term of bidder & the same mentioned in ITB.

d) Loading due to difference in Commercial Terms & Conditions (viz. Security

Deposit, Bank Guarantees etc.), if any.

d) Loading due to difference in acceptability of liabilities, if any.


TCE.6842A-G-300-303

ANNEXURES SHEET 83 OF 150


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ANNEXURES


TCE.6842A-G-300-303

SCOPE MATRIX SHEET 84 OF 150


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Annexure-1 (1/5)

A – APPROVAL; AS – ASSISTANCE; I – INFORMATION; F – FOR APPLICATION; P – PARTICIPATION; R – REVIEW; S – IN SCOPE

Sr. No.

Deliverable / activity Description

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1.0 General

1.1 Statutory Approval AS - I S

2.0 Project Management

2.1 Execution Plan & Coordination procedures

S R R A

2.2

Project master schedule, Monitoring & control of VENDOR / CONTRACTOR up to Level 5 Schedules including Supply, construction and commissioning

S R R A

3.0 Document Management

3.1 Establish document management System requirement

S R R A

3.2 Document Distribution Matrix S R R A

3.3 DMS reports - Document Index

S R R A

3.4 Management of Supplier / CONTRACTOR document releases

S R R A

4.0 Procurement (non-proprietary items) & Construction contracts (Proprietary & non-proprietary items)

4.1 Overall Procurement Strategy. S R R A

4.2 Preparation of Project Supplier / CONTRACTOR List

S I R A

4.3 Preparation of ITB, GCC, SCC and commercial specifications (Vol. I) of Tender document

S I R A

4.4 Technical Procurement & works Specifications (Vol. II)

F/ R S R A

4.5 Preparation of ITB, GCC, SCC S I R A


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Sr. No.


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and commercial specifications (Vol. I) of Tender document

4.6 Preparation, collation (vol. I & Vol. II), Issue of Tenders to Pre-Qualified Bidders

S I R A

4.7 Price Estimates of items / works for reasonability

S - R A

4.8 Un-priced / priced bid opening S I I P

4.9 Response to Technical Queries / Clarifications

F/R S R A

4.10 Response to Commercial Queries / Clarifications

S I R A

4.11 Collating Techo-commerical queries / clarification and sending it to Bidders.

S I R A

4.12 Technical Recommendation F/R S R A

4.13 Un-priced Recommendation covering collated technical & commercial Recommendation

S I R A

4.14

Priced Purchase Recommendation / Recommendation for award of Job

S - R A

4.15 Price Negotiation with supplier / CONTRACTORs

AS - I S

4.16 LOI / PO / Work Order / Contract documents

S I R A

4.17 Signing of LOI / PO / Work Order / Contract documents

F I I S

4.18 VENDOR drawings review F / R S I I

4.19 As-built documents F / R S I I

5.0 Procurement (proprietary items)

5.1 Procurement of Material on I S R A

Annexure- 1 (2/5)


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Sr. No.


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CIF Kolkata Port Basis

5.2

All responsibilities and activities beyond items received on CIF Kolkata Port Basis including but not limited to port clearance, handling and transportation to SITE

S I R A

5.0 Inspection Coordination and Expediting (non-proprietary items)

5.1 VENDOR Data Mgmt - Expediting submission of supplier drawings.

S F I I

5.2 Expediting delivery of equipment and material.

S I I I

5.3

Co-ordinate with VENDORs / TPIA / OWNER etc and expedite manufacturing / delivery of material and equipment from VENDOR's works / shop.

S I I I

5.4 Monitor delays and highlight to client, where applicable.

S I I I

5.5 Stage Inspection / Quality Surveillance

S I / P I / P I / P

5.6

Preparation and implementation of Project Overall Quality management plan.

S I R A

5.7 proposed QA/QC plan & procedures to VENDORs

S R I / R A

5.8 Tender for Appointing Third Party Inspection Agency (TPIA) , If any

S I R A

Annexure- 1 (3/5)


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Sr. No.


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5.9 Manage and coordinate with TPIAs for stage inspection & quality surveillance.

S I I I

5.10

Review Test certificates / Test reports to ensure materials and equipment are manufactured in accordance with the requirements of Purchase Orders

S R R A

5.11 Inspection and Expediting (Desk & field)

S R R A

6.0 Construction Management - Home Office & SITE including proprietary and non-proprietary equipment

6.1 Overall Construction Execution Strategy

S R R A .

6.2 Construction Contract management

S AS R A

6.3 Prequalification of sub-CONTRACTORs/Construction Third Party Inspectors

S I R

A

6.4 Site Quality Assurance as per established QA Plan (Site)

S R R A

6.5

Review of Sub-CONTRACTOR's Construction Execution Plan (Site)

S R R A

6.6 Review of construction / erection of Works at site

S R R A

7.0 Warehouse & Material Management including proprietary and non-proprietary equipment

7.1 Material Management S I R A

Annexure- 1 (4/5)


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Philosophy

8.0 Pre- Commissioning & Commissioning including proprietary and non-proprietary equipment

8.1

Prepare start-up, Commissioning schedule and start-up sequence of plants/ units/ systems

AS S R A

8.2

Certify Mechanical completion of plant / system to enable Pre-commissioning / commissioning

AS S R A

8.3 Pre-Commissioning / Commissioning

AS S R A

8.4 Performance Test & Guarantee Test Run

AS S R A

Annexure- 1 (5/5)


TCE.6842A-G-300-303

APPLICABLE CODES & REGULATIONS SHEET 89 OF 150


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Annexure-2 (1/2)

APPLICABLE CODES & REGULATIONS

A list of some important applicable Indian Laws , rules, regulations and codes with the latest

revision if any (with amendments as may be applicable from time to time) which is not

exhaustive , is given below:

1) Indian Factories Act.

2) Static and Mobile Pressure Vessel Rules -1981

3) Indian Explosives Act.

4) The Petroleum Rules-1976

5) Indian Electricity Act.

6) The Indian Electricity Rules

7) Indian Boiler Regulations

8) Regulations laid down by the Explosives Directorate & Electrical Inspectorate.

9) Fire Protection Manual (or Fire Sectional Committee Insurance Association of

India).

10) Insurance Association of India-Regulations for Electrical Equipment of Buildings.

11) NFPA Code of Practice.

12) Civil Aviation Rules for maximum height of flare Stack & Chimney.

13) The Workmen's Compensation Act.

14) Contract Labour (Regulation & Abolition) Act.

15) Indian Standard Specifications:

a) IS: 875 - Code of Practice for Structural Safety of buildings loading Standards

with latest revision if any.

b) IS: 1893 - Criteria for Earth-quake Resistant Design of structures.

16) The Mines Act. 1952

17) A.S.M.E. Codes

18) ALEE Codes

19) A.S.T.M Codes

20) A.N.S.I Codes

21) A.P.I. Codes

22) T.E.M.A. Standards

23) Water (Prevention and Control of Pollution Act(latest revision)

24) Water (Prevention and Control of Pollution Amendment) (Latest revision)

25) Water (Prevention and Control of Pollution Cess Act. (latest revision)

26) Water (Prevention and Control of Pollution Cess Rules (latest revision)

27) Air (Prevention and Control of Pollution) Act (latest revision)


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Annexure-2 (1/2)

28) Tolerance limits for Industrial Effluents discharged into inland surface waters

Indian Standard- 2490

29) Environmental Protection Act

30) Minimum National Standards for Atmospheric Pollution Control

31) Oil Industry Safety Directorate (OISD)

32) The Petroleum act

33) Hazardous Area classification for electrical installations : IS-5572


TCE.6842A-G-300-303

PROFORMA FOR BID SUBMISSION LETTER SHEET 91 OF 150


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Annexure -3

PROFORMA FOR BID SUBMISSION LETTER

To

MANAGING DIRECTOR


Assam Petrochemicals Limited,

4th Floor, Orion Place, G.S. Road Bhangagorh,

Guwahati-781005 Assam, INDIA

Sub: Enquiry No-……………………………………for Procurement and construction

management services for 200 TPD Acetic Acid plant with CO separation unit (Ref: PRESS

ADVERTISEMENT NO…….)

Dear Sirs,

With reference to the above invitation by APL I/we have examined the ITB and related

annexure for the above WORK downloaded from your website. We hereby offer to provide

the services in conformity with the said ITB conditions of Contract and related annexure

as per terms and conditions specified in the BID DOCUMENT.

I/We undertake to carry out the work as per the time schedule in the ITB.

I/We understand that APL is not bound to accept the lowest of the BIDs received and may

reject all or any BID without assigning any reason thereof.

We hereby agree that unless and until a formal agreement is prepared and executed in

accordance with the conditions of CONTRACT, this ITB together with your written letter of

acceptance thereof (i.e. LETTER OF INTENT) in case our bid is accepted shall constitute

a binding CONTRACT between us.

Yours faithfully,

Signature:

Name:

Company’s name:

Address:

Dated:

Name of Directors/partners of the Company

(1) ...................................................... (2) ........................................................(3) ...................


TCE.6842A-G-300-303

FORM OF BANK GUARANTEE FOR SECURITY

AND PERFORMANCE SHEET 92 OF 150


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Annexure -4 (1/3)

FORM OF BANK GUARANTEE FOR SECURITY AND PERFORMANCE

This Guarantee No. -------------------- made this --------------- day of………….Month of _______

2014, Between -------------------------- a Bank incorporated and having its registered office at

---------------------------------------------- ---------------------------- (Hereinafter called BANK), which

expression shall unless repugnant to the context or contrary to the meaning thereof include

its successor and permitted assignees, on the one part and a Public Sector Undertaking

or Government of Assam having its registered office at Orion Place, G.S Road,

Bhangagorah, Guwahati 781005, India (hereinafter called OWNER), which expression

shall unless repugnant to the context or contrary to the meaning thereof include its

successors and permitted assignees, of the other Part.

WHEREAS in pursuance of LETTER OF INTENT (LOI) dated ------------------------------

(hereinafter called LOI) entered into between OWNER and ---------------------------------- , a

Company incorporated in (hereinafter called CONSULTANT) , which expression shall

unless repugnant to the context or contrary to the meaning thereof include its successors

and permitted assignees for rendering of services under procurement, inspection, testing

and expediting, Construction / erection, pre-commissioning and commissioning,

performance test and guarantee test run for setting up 200 TPD Acetic Acid Plant with CO

separation unit, as envisaged in LOI/CONTRACT, CONSULTANT has to submit a

Bank Guarantee for Security and performance for Rs. -------------------------------------

CONSULTANT accordingly agrees to furnish the Bank Guarantee for Security and

Performance as hereinafter contained towards fulfillment of all of its obligations under LOI.


TCE.6842A-G-300-303




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Annexure- 4 (2/3)

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. In pursuance of LOI, BANK hereby unconditionally guarantees as a direct

responsibility to OWNER that Bank is holding the amount of Rs.

(Rupees -------------------------- ) at OWNER's disposal and hereby promises and

shall be bound to pay to OWNER, forthwith at OWNER's written notice, stating that

CONSULTANT has failed to fulfill its obligations under CONTRACT for reasons for

which CONSULTANT is liable and without any protest or demur and without

recourse to CONSULTANT and without asking for any reasons as to whether the

amount is lawfully asked for by OWNER or not, the entire amount or the portion

thereof, as mentioned by OWNER in the notice. The decision of OWNER as to

whether the terms and conditions of this Bank Guarantee have been observed or

not, shall be final and binding on the BANK. In any case, however, BANK's

responsibility under this Bank Guarantee is limited to Rs. ---------------------------------

2. This Bank Guarantee shall be valid for an initial period of 42 (forty two) months

from the date of LOI, to be extended thereafter for a further period of 6 (six) months

each time as may be required but not beyond 12 (twelve) months after the date of

issuance of ACCEPTANCE CERTIFICATE (PROVISIONAL) of 200TPD Acetic Acid

plant with CO separation unit. Upon issuance of ACCEPTANCE CERTIFICATE

(PROVISIONAL) the value of this Bank Guarantee shall be reduced by 50% (fifty

percent) of its original value of Rs. -------------------


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Annexure-4 (3/3)

3. This Bank Guarantee shall be in addition to and shall not affect or be affected

by any other security now or hereafter held by OWNER on account of money hereby

intended to secure, and OWNER, at its discretion and without any consent from

BANK, and without affecting its rights against BANK, may compound with, give time

or other indulgence to, or make any other arrangement with CONSULTANT and

nothing done or omitted to be done by OWNER in pursuance or any authority or

permission contained in this Bank Guarantee shall affect or discharge the liability of

BANK.

4. Unless previously cancelled or extended by OWNER, this Bank Guarantee will

remain in force initially up to 42 (forty two) months from LOI, subject to

provisions of Paragraph 2 above.

Unless demand or claim under this performance Bond is made on BANK in writing

within 6 ( SIX) months post date of expiry of this Performance Bond , all the rights of

OWNER against BANK shall be forfeited and BANK shall be relieved and

discharged from all liabilities hereunder.

5. BANK declares that it has the power to issue this Bank Guarantee for Security and

Performance and the undersigned have full power to do so.

6. This Bank Guarantee for Security and Performance is to be returned to BANK

after its expiry in terms of Paragraph 4 above.


TCE.6842A-G-300-303

FORMAT FOR PRICE SCHEDULE SHEET 95 OF 150


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Annexure-5a (1/7)

(ORIGINAL COPY TO SUBMIT WITH PRICED BID)

FORMAT FOR PRICE SCHEDULE

NAME OF WORK Procurement, construction, assistance in pre-

commissioning, commissioning, performance test

and guarantee test run Services for 200 TPD

Acetic Acid Plant with CO separation unit at

Namrup, Assam

NAME OF BIDDER

SL No. CONSULTANT’S SCOPE OF

WORK

QUOTED PRICE IN

FIGURES (INR)

QUOTED PRICE IN

WORDS (INR)

ACETIC ACID PLANT

Procurement Services

1 % of value of items (ex-work /

FOB Price)

2 Total Estimated Fees with

Capping

Construction / Contract Services

1

PERDIEM rates for

Construction / Contract

services

2

Total Estimated Fees for


services with Capping

(perdiem rate x total

estimated man days)

Total estimated man

days (nos.)=

Total estimated Fees=

Pre-commissioning & commissioning Services

1

PERDIEM rates for PRE

COMMISSIONING &

COMMISSIONING

2


Pre-commissioning &

Commissioning with

Capping (Perdiem rate x

total estimated man days)

Total estimated man

days (nos.)=


A SUB TOTAL – Acetic Acid

Plant


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Annexure-5a (2/7)

CO SEPARATION UNIT


WORK

QUOTED PRICE IN

FIGURES (INR)

QUOTED PRICE IN

WORDS (INR)



FOB Price)


Capping


1

PERDIEM rates for


services

2





estimated man days)

Total estimated man

days (nos.)=



1


COMMISSIONING &

COMMISSIONING

2


Pre-commissioning &

Commissioning with



Total estimated man

days (nos.)=


B SUBTOTAL – CO Separation

Unit

C GRAND TOTAL = Subtotal A

+ Subtotal B


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Annexure-5a (3/7)

I /We confirm that the above quoted lump sum price for the entire SCOPE OF WORK is in

accordance with the PAYMENT clause, Clause 8

I /We have understood the above and I/We accept the same.

PLACE SEAL OF THE COMPANY DATED

DATE: SIGNATURE OF THE BIDDER

NOTE:

Please read enclosed instructions for price schedule.


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Annexure-5b (4/7)

(2nd COPY TO SUBMIT WITH UN-PRICED BID)

FORMAT FOR PRICE SCHEDULE

NAME OF WORK Procurement, construction, assistance in pre-

commissioning, commissioning, performance test

and guarantee test run Services for 200 TPD

Acetic Acid Plant with CO separation unit at

Namrup, Assam

NAME OF BIDDER


WORK

QUOTED PRICE IN

FIGURES (INR)

QUOTED PRICE IN

WORDS (INR)

ACETIC ACID PLANT



FOB Price)


Capping


1

PERDIEM rates for


services

2





estimated man days)

Total estimated man

days (nos.)=



1


COMMISSIONING &

COMMISSIONING

2


Pre-commissioning &

Commissioning with



Total estimated man

days (nos.)=


A SUB TOTAL – Acetic Acid

Plant


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Annexure-5a (2/7)

CO SEPARATION UNIT


WORK

QUOTED PRICE IN

FIGURES (INR)

QUOTED PRICE IN

WORDS (INR)



FOB Price)


Capping


1

PERDIEM rates for


services

2





estimated man days)

Total estimated man

days (nos.)=



1


COMMISSIONING &

COMMISSIONING

2


Pre-commissioning &

Commissioning with



Total estimated man

days (nos.)=


B SUBTOTAL – CO Separation

Unit

C GRAND TOTAL = Subtotal A

+ Subtotal B


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Annexure-5b (6/7)

I /We confirm that the above quoted lump sum price for the entire SCOPE OF WORK is in

accordance with the PAYMENT clause, Clause 8

I /We have understood the above and I/We accept the same.

PLACE SEAL OF THE COMPANY DATED

DATE: SIGNATURE OF THE BIDDER

NOTE:




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Annexure-5c (7/7)

INSTRUCTIONS FOR PRICE SCHEDULE:

1. The ORIGINAL copy of this PROFORMA duly completed, signed and stamped

is required to be submitted with the PRICED BID only and shall NOT contain any

conditions/ deviations whatsoever.

2. 2nd copy of this Proforma as used in the Priced Bid duly completed, signed and

stamped but without mentioning quoted lumpsum /percentage price shall be

submitted in the Unpriced BID (part I of the BID) without filling out the Prices

/amount/rates but indicating “Quoted” against Sl. No.

3. Refer Clause 7 for Taxes and duties details and quotes prices shall be in-line with

the requirements mentioned in the clause.

4. Bidders are advised to read carefully and understand all the requirements of

the WORK and terms & conditions of the BID DOCUMENTS before completing this

Proforma.

5. The CONTRACT PRICE shall remain firm and fixed till the issue of ACCEPTANCE

CERTIFICATE and shall not be subject to escalation and shall be deemed to include

and cover all costs, expenses and liabilities of every description and all risks of every

kind to be taken in executing and completing the WORK.

6. Items sourced / purchased from India shall be priced as per FOT - APL site basis.

7. OWNER/ TCE reserve the right to cancel/ delete/ curtail any item or group of work if

necessary. Such a step shall not be construed as reason for changing the rates.

8. Bidders shall quote prices in Indian Rupees only (INR).


TCE.6842A-G-300-303

CERTIFICATE AS PER SEC. 184 / 188 OF

COMPANIES ACT 2013 SHEET 102 OF 150


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Annexure-6(1/2)

(ORIGINAL COPY TO SUBMIT WITH PRICED BID)

CERTIFICATE AS PER SEC. 184/ 188 OF COMPANIES ACT

This has the reference to our proposed CONTRACT for Rs________ for PCM Services

for 200 TPD Acetic Acid PLANT with CO separation unit of APL to be entered

into with ASSAM PETROCHEMICALS LIMITED (APL)

For the purpose of section 184/ 188 of the Companies Act 2013, we certify that to the

best of my/our knowledge:

1) I am not a relative of any Director of APL.

2) We are not a firm in which a Director of APL or his relative is partner.

3) I am not a partner in a firm which a Director of APL or his relative is partner

4) We are not a private company in which a Director of APL is a member or Director.

5) We are not a company in which Directors of APL hold more than 2% of the paid up

share capital of our company or vice versa.

PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF BIDDER

Note:

1) The second copy of the certificate duly completed, signed and stamped must

be submitted with Un-priced BID indicating “QUOTED” in proposed contract.

2) The original copy of the certificate duly completed, signed and stamped must

be submitted with Priced BID after filling in the value of the proposed CONTRACT.


TCE.6842A-G-300-303

CERTIFICATE AS PER SEC. 184 / 188 OF

COMPANIES ACT 2013 SHEET 103 OF 150


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Annexure-6(2/2)

(2nd COPY TO SUBMIT WITH UN-PRICED BID)

CERTIFICATE AS PER SEC. 184/ 188 OF COMPANIES ACT

This has the reference to our proposed CONTRACT for Rs________ for PCM

Services for 200 TPD Acetic Acid PLANT with CO separation unit of APL to be

entered into with ASSAM PETROCHEMICALS LIMITED (APL)

For the purpose of section 184/188 of the Companies Act 2013, we certify that to the

best of my/our knowledge:

1) I am not a relative of any Director of APL.

2) We are not a firm in which a Director of APL or his relative is partner.

3) I am not a partner in a firm which a Director of APL or his relative is partner

4) We are not a private company in which a Director of APL is a member or Director.

5) We are not a company in which Directors of APL hold more than 2% of the paid up

share capital of our company or vice versa.

PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF BIDDER

Note:

1) The second copy of the certificate duly completed, signed and stamped must

be submitted with Un-priced BID indicating “QUOTED” in proposed contract.

2) The original copy of the certificate duly completed, signed and stamped must be

submitted with Priced BID after filling in the value of the proposed CONTRACT.


TCE.6842A-G-300-303

PROFORMA FOR EXPERIENCE / TRACK

RECORD SHEET 104 OF 150


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Annexure-7 (1/2)

PROFORMA FOR EXCEPTIONS/DEVIATIONS

NAME OF WORK Procurement, construction, assistance in

pre-commissioning, commissioning,

performance test and guarantee test run

Services for 200 TPD Acetic Acid Plant with

CO separation unit at Namrup, Assam

NAME OF BIDDER

The BIDDER may stipulate exceptions/deviations to the Terms & conditions of BID

DOCUMENT (if considered unavoidable ONLY) as per this pro forma.

Sl. No. Page No. Clause No. Subject Title Exception/

Deviations

taken by the

Bidder

Price effect, if

any, for

withdrawal of

the

exception/

deviation

PLACE: SEAL OF THE COMPANY DATE SIGNATURE OF THE BIDDER


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NOTE:

1) BIDDER shall not leave the above proforma blank while signing. In case no

exceptions/deviations are taken the BIDDER shall write under the columns “NO

EXCEPTIONS/DEVIATIONS".

2) In case the BIDDER leaves the above proforma blank and un-signed, it will be

presumed that all the terms & conditions of this BID DOCUMENT are acceptable to

the BIDDER.

3) Exceptions/ Deviations mentioned elsewhere in the BID shall not be considered.

4) Any deviations taken by the Bidder shall be brought out strictly in this format and

shall be enclosed in Un-priced Bid.

5) Bidder’s own terms and conditions, if any, mentioned elsewhere in the bid shall

not be recognized and the same shall be treated as null and void.

6) Deviations, if any, taken to the Technical Terms & Conditions, shall result in either

loading of prices or rejection of the offer.


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PROFORMA FOR EXPERIENCE / TRACK RECORD

NAME OF WORK

Procurement, construction, assistance in





NAME OF BIDDER

DETAILS OF SIMILAR WORKS COMPLETED

Sl No. Full

postal

address

of client

Nature

of work

Value of

Contract

Scope of

complete

Contract

Actual date of

commencement

of work

Completion

scheduled/

Actual

Reasons

of time /

cost

overrun,

if any



TCE.6842A-G-300-303

PROFORMA FOR CONCURRENT COMMITMENT

OF THE BIDDER SHEET 107 OF 150


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Annexure -9

PROFORMA FOR CONCURRENT COMMITMENT OF THE BIDDER

NAME OF WORK:

Procurement, construction, assistance in





NAME OF BIDDER:

DETAILS OF CONCURRENT COMMITMENTS

Name of Client Description of

Work

Value of

Contract

Expected date

of completion

Remarks

PLACE:

SEAL OF THE COMPANY

DATE

SIGNATURE OF THE BIDDER


TCE.6842A-G-300-303

PROFORMA FOR PROJECT ORGANOGRAM SHEET 108 OF 150


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Annexure -10

PROFORMA FOR PROJECT ORGANOGRAM

NAME OF WORK: Procurement, construction, assistance in





NAME OF BIDDER:

(The BIDDER is to indicate on a separate sheet the proposed Organogram for

execution of the WORK. It is understood that this will be augmented from time to time

depending on the requirements for timely completion of WORK. )

Sl No.

Key

Personnel of

the

Organization

Handling the

assignment

Name of the

Officer

Qualification Details of

Experience

relevant to

Work

On roll of the

company

since

Total Strength of the company in Procurement & Construction disciplines.



TCE.6842A-G-300-303

PROFORMA FOR CONTRACT SHEET 109 OF 150


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Annexure-11(1/3)

PROFORMA FOR CONTRACT

(To be executed on non judicial stamp paper of appropriate value)

CONTRACT

This CONTRACT NO____________________ entered into this ................. day of

.................. Month of ……………… Year between Assam Petrochemicals Ltd, a

company registered under companies Act,1956 have its registered office at Orion Place

,G.S.Road, Guwahati (herein referred to as OWNER/APL) which expression shall include

its

successors and assignees) on the one part AND

M/S ................................................................................................................. hereinafter

referred to as "CONSULTANT" which expression shall include its successors and

permitted assignees) on the other part.

WITNESSETH THAT

WHEREAS OWNER /APL desires to have Procurement, construction, assistance in pre-

commissioning, commissioning, performance test and guarantee test run Services for

200 TPD Acetic Acid Plant with CO separation unit at Namrup, Assam from the aforesaid

CONSULTANT on terms & conditions mentioned In this CONTRACT:

AND WHEREAS CONSULTANT who has their own know how with resources for

Performing such jobs has agreed to sign an agreement to render the services as per

requirement of APL on Terms and conditions mentioned in this CONTRACT.

NOW Therefore Parties Agree That:

1) The following annexed hereto shall form an integral part of this CONTRACT:

(i) Letter of Intent (LOI) No________

(ii) Terms & Conditions of CONTRACT STATED IN ITB

(iii) Certificate by the CONTRACTOR as per sec. 184 / 188 of Companies Act. 2013

(iv) Price Schedule.

(v) Time schedule of completion.

(vi) Scope of work for CONSULTANT as per CONTRACT.


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(vii) Curriculum vitae of key personnel.

(viii) A copy of CONTRACT SECURITY DEPOSIT.

2) For the scope of WORK as mentioned in the CONTRACT, APL shall pay to

CONSULTANT fee of Rs________________ (Rupees only).

3) For the purpose of this CONTRACT address of Parties will be as follows and all

correspondence and notices in relation to present agreement sent to PARTIES at the

addresses below shall be deemed to be sufficient for serving notices on the PARTIES.

All Such notices as well as bills, reports, documents etc, shall be addressed to the

PARTIES at such addresses.

APL: Managing Director,

Assam Petrochemicals Ltd.

Regd. Office, 4th Floor,

Orion Place,

Bhangagarh, G.S. Road,

Guwahati-7810f

Attention Shri ....................................

CONSULTANT:

Attention Shri.


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In WITENESS whereof the PARTIES have executed this CONTRACT through their

representatives duly authorized in this behalf:

Signed for and on behalf of Signed for and on behalf of

Assam Petrochemicals Ltd. ___________________________

SIGNATURE SIGNATURE

NAME _____________________ NAME _____________________

DESIGNATION: DESIGNATION:

PLACE: PLACE:

DATE: DATE:

WITNESS:

1.

2.


TCE.6842A-G-300-303

COORDINATION PROCEDURE SHEET 112 OF 150


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Annexure-12 (1/4)

COORDINATION PROCEDURE

1.1. The Coordination procedure outlines the procedures to be followed between

OWNER / PMC, CONSULTANT in carrying out their responsibilities and obligations

under CONTRACT. The Coordination Procedure provides the basis for

development of detailed procedures for correspondence, specifications, reporting of

progress of work and financial coat, meetings, approvals, changes in scope and other

matters for performance of WORK under CONTRACT.

1.2. It is understood that CONTRACTOR(S) shall correspond with CONSULTANT for all

matters retaining to WORK. CONSULTANT shall maintain all contacts with

OWNER/TCE. CONSULTANT shall mark copies of correspondence to OWNER/TCE

as per this procedure. However, OWNER may in exceptional cases correspond

directly with each other or as authorized by CONSULTANT and mark a copy to

CONSULTANT / TCE.

1.3. This procedure may be revised and updated to suit the ongoing needs of the

project as mutually agreed.

2. Project organizations of OWNER, CONSULTANT.

2.1 The organization charts, job descriptions, manpower deployment charts of

OWNERS, CONSULTANT project organizations shall be discussed and finalized

mutually.

3 Changes or additions of addresses/representatives

OWNER, CONSULTANT will notify in writing to the other of any change or

additions to the nominated representatives and /or addresses.

4 Correspondence

Correspondence from CONSULTANT and CONSULTANT'S Representative to

OWNER/TCE shall be addressed to OWNER'S / TCE Representative.

5 Meetings

5.1. In the interest of facilitating the overall coordination and monitoring of the progress of


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Annexure-12(2/4)

The project meetings will be held regularly to discuss the progress of

CONSULTANT's work and/or any other matter affecting the overall project Schedule.

Meetings shall be convened on adequate notice from time to time by mutual

agreement. Details of the type of meetings and the frequency of each type of

meeting are given below:

Type of meeting Frequency of meeting

Pre-project Meetings As required

Kick off meeting One time

Overall coordination Meeting As required

Meetings at OWNER’s / EIC’s/

PMC Office

As required

procurement Weekly

Review Meeting As and when required Expediting meeting by task

force

Fortnightly

Construction review meetings Weekly

Commissioning meetings Daily

The frequency of these meetings may be reviewed mutually between

OWNER and CONSULTANT.

5.2. OWNER may desire its other CONSULTANTs, CONTRACTORs and other

parties to attend joint meetings. The subject of such joint meetings shall be limited to

matters related to work falling within the scope of CONSULTANT and matters

related to the coordination of the overall project. The agenda for the meetings

shall be prepared and circulated sufficiently in advance by OWNER or

CONSULTANT as mutually agreed. The venue of the meetings shall be decided

as mutually convenient.


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Annexure- 12(3/4)

5.3. Subject to agreement, and taking into consideration the venue of the meeting,

the hosting party shall prepare the record notes of such meetings. The notes of

meetings shall indicate list of all points discussed, agreed and action required to be

taken by each party.

6. Progress reporting

6.1. In order to keep OWNER/TCE properly informed about the progress in various

phases of WORK, difficulties being encountered and the method for solving these

problems and for effective coordination and monitoring progress of WORK,

CONSULTANT shall submit the following reports:

a) Overall Progress report Monthly

b) Document Status Report Fortnightly

c) Enquiry Status report Fortnightly

d) Material Status Report Fortnightly

e) Expediting Report Fortnightly

f) Construction Report Fortnightly

The reports will be issued in the format mutually agreed. Monthly Progress

reports shall broadly cover the following items/activities:

A) Executive summary indicating overall status of the PROJECT. In the event of

any delay/possible delay of activity affecting the overall schedule, possible

corrective and proposed actions to be taken by the CONSULTANT will be given.

B) Percentage progress covering overall PROJECT, procurement and construction.

CONTRACTOR- wise progress work for all the CONTRACTORs & supply-cum-

erection-packages.

C) Status of milestone scheduled to be completed having no delay.

D) Status of milestone scheduled to be completed having delays/likely delays

with reasons and actions being taken by the CONSULTANT to make up for the

time loss.

E) Manpower deployed by CONSULTANT for the PROJECT at SITE and information

on manpower deployed by CONTRACTORS at SITE as furnished

by CONTRACTORS.


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7. Engineering

Engineering will be carried out by PROCESS LICENSOR & ENGINEERING

CONSULTANT. CONSULTANT will work in close coordination with PROCESS

LICENSOR & ENGINEERING CONSULTANT for various technical inputs required

for procurement & construction work.

8. Construction schedule

A project construction schedule shall be prepared plant wise/area wise within a

reasonable time but not later than 8 weeks after EFFECTIVE DATE. Area wise

schedule shall highlight the activities like foundation, structural's, equipment erection,

piping, electrical, instrumentation etc. After actual completion of 70% of construction,

system wise schedule shall be made available by CONSULTANT for effective

Control of construction management and smooth pre-commissioning.

9. Amendments to procedure

Any amendments, additions, modifications etc. subsequently agreed and accepted in

writing by OWNER & CONSULTANT shall form part of the Coordination procedure.


TCE.6842A-G-300-303

SPECIAL CONDITIONS OF PROCUREMENT &

CONTRACTS SHEET 116 OF 150


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Annexure -13(1/7)

SPECIAL CONDITIONS OF PROCUREMENT (FOR NON PROPORIETARY ITEMS) &

CONTRACTS

1. GENERAL

1.1 The project is expected to be financed by OWNER's internal resources and Financing

Institutions Credit/Banks etc. The procurement & contract services shall be

performed as per International Competitive Bidding (ICB) wherever applicable and

shall be single stage two bid system for all items / services. For the EQUIPMENT

financed by financing institutions, the procurement services shall be performed in

accordance with the guidelines for procurement laid down by financing institutions.

1.2 All tenders shall comprise of three volumes viz. Volume I – General & Commercial to

be prepared by CONSULTANT, Volume – II – Technical which will be prepared by

PROCESS LICENSOR & ENGINERING CONSULTANT and Volume-III: Schedule of

Prices which will be prepared by the CONSULTANT with item description &

Quantities input from PROCESS LICENSOR & ENGINERING CONSULTANT.

CONSULTANT shall collate the two volumes and float the enquiries to bidders. It is

the responsibility of CONSULTANT to verify the completeness of Technical volume

for the purpose of procurement & contracts.

1.3 ITEMS / EQUIPMENTS shall be procured from India only to the maximum extent

possible. ITEMS / EQUIPMENTS of non-Indian origin shall be purchased CIF,

Kolkata port basis unless specified as per the guidelines of FINANCING

INSTITUTIONS, if any. ITEMS / EQUIPMENTS of non-Indian origin (if any) shall be

identified and justified by CONSULTANT to OWNER on Cost –Quality basis before

proceeding ahead with procurement.

1.4 CONSULTANT shall not enter into any litigation with any VENDOR/CONTRACTOR.

However, in case of any litigation with VENDOR / CONTRACTOR, CONSULTANT

shall provide all necessary Technical assistance to OWNER. CONSULTANT to also

note that he shall remain responsible for the supervision and inspection of work of

VENDOR / carried out by the CONTRACTOR. CONSULTANT shall be responsible

for any failure caused due to his negligence.

1.5 CONSULTANT to note that number of VENDORs / CONTRACTORs to whom

enquiry will be floated & whose offer will be evaluated will be as per approved

procurement / tendering procedure that will be prepared by CONSULTANT

considering various factors and approved by APL.


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Annexure -13(2/7)

2. Documents provided by Process LICENSOR & Engineering CONSULTANT:

i) Technical Procurement & works contract specification

ii) response to bidder’s technical queries

iii) Technical recommendation

iv) Review and approval of VENDOR drawings

v) Inspection & expediting of Critical items

3. PROCUREMENT / CONSTRUCTION SERVICES DOCUMENTS:

CONSULTANT shall provide (not limited to) following documents:

a) VENDOR List & CONTRACTOR List

b) Procurement & Tendering Philosophy & Procedure

c) General & Commercial Tender Specifications

4. Pre-qualification

As soon as practicable after EFFECTIVE DATE, CONSULTANT shall provide the

OWNER with a list of VENDORs along with Proven Track Records (PTR) for

approval. OWNER shall obtain financing institution's approval, if required. Deletion,

additions suggested by financing institutions shall be incorporated by

CONSULTANT. Any change to the agreed VENDOR list can be made only with the

prior approval of OWNER and/or financing institution.

Orders for the procurement of items (if any) with limited sources of availability

whose timely supply is essential to efficient execution of WORK may be placed after

obtaining quotations from restricted list of suppliers approved by the OWNER.

5. Spares for COMMISSIONING and Normal Operation

Spare parts recommendation for commissioning and two years' operation shall be

obtained with bid, making it clear that without the spares quotation, bid shall be

considered non-responsive. All spare should be itemized.

6. Special Instruction

6.1 The condition of purchase order shall include but not limited to :

a) A guarantee clause to cover 12(twelve) MONTHS from commissioning or 36

(thirty six) MONTHS from the date of shipment/dispatch, whichever is earlier.


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Annexure -13(3/7)

b) A statement that a Certificate of Origin will be required which should be a signed

statement of VENDOR or its representative with endorsement from Trade

Association, Chamber of Commerce or similar body

6.2 Bidder shall be instructed to quote in the currency as per the guidelines of financing

institutions, if any. In all other cases, Bidders shall be advised to quote in their home

currency /US Dollars/Indian Rupees. Payment to the VENDOR shall be made in such

currency except where such items as VENDOR erection supervision etc. entail

payment in Indian currency. In such cases, firm amount of such currency shall be

shown separately in the Bidder's offer.

6.3 As far as possible ,enquiry document shall avoid use of trade names and if at all

used, shall be followed by the words 'or equivalent'.

6.4 If National standards are mentioned in the specifications, a statement should

be included to the effect that goods meeting other standards, which ensure an

equal or better performance, will also be acceptable.

6.5 All commercial terms shall be interpreted as per INCOTERM 1990 as amended till

EFFECTIVE DATE.

7. PROCUREMENT & CONTRACTS PARTICULARS

7.1. General & Commercial Bid documents for WORKS Tender shall be prepared by

CONSULTANT and shall be submitted to OWNER for approval.

7.2. Documents provided by Process LICENSOR & Engineering CONSULTANT shall be

as per Para. 2.0 Of this annexure.

7.3. CONSULTANT shall issue the enquiries to prequalified list of VENDORS /

CONTRACTORS as mutually agreed with OWNER. A time of 15 DAYS (for

supplies) / 30 DAYS (for services) generally is given to the BIDDERS for submission

of BIDS. The validity period of bids shall be 120 DAYS from Bid Due Date.


TCE.6842A-G-300-303




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Annexure -13(4/7)

7.4. CONSULTANT shall open all BIDS including price bid in the presence of OWNER’S

representatives. BIDDERS authorized representative (s) may attend Bid Opening.

Each bid shall be initialized by CONSULTANT and OWNER’S representatives.

CONSULTANT shall prepare the price estimates for floated tender and shall duly

seal it in an envelope before opening of the priced bid. The Price Estimate shall also

be initialized by CONSULTANT and OWNER’S representatives at top of the

envelope.

7.5. CONSULTANT shall arrange to obtain commercial clarifications from

CONTRACTORS if required from their BIDS. For this purpose, joint meetings of

CONTRACTOR, CONSULTANT, PROCESS LICENSOR & ENGINEERING

CONSULTANT and OWNER’S representatives shall be held.

7.6. CONSULTANT shall evaluate the BIDS and submit his Un-priced / Priced

recommendations along with complete evaluation documents giving Quotation

Comparison Sheet (QCS) with respect to CONSULTANT’s PRICE Estimates to

OWNER, within 15-21 DAYS from the date of Un-priced / Price BID opening. Award

of Job shall be on lowest bidder Basis. However CONSULTANT / OWNER shall also

consider Quality, Timeline, Performance & other Parameter while bid evaluation.

7.7. OWNER shall communicate approval or non acceptance of recommendation and

forward the same to CONSULTANT within 15 DAYS from the date of receipt of

recommendation. Approval or acceptance given by OWNER shall not relieve

CONSULTANT of its obligations under the CONTRACT.

7.8. CONSULTANT shall ensure that at the time of forwarding the recommendations, the

BIDS of recommended VENDOR / CONTRACTOR and also all other VENDORS /

CONTRACTORS shall have a validity of at least 60 days. Brief on recommended

CONTRACTOR’s past performance and on reasonableness of recommended price

shall be included in the recommendations. CONSULTANT shall ensure that there

are minimum deviations to ITB, especially by the recommended VENDOR /

CONTRACTOR. CONSULTANT recommendations shall specially list the deviations

from the ITB in the case of recommended CONTRACTOR.


TCE.6842A-G-300-303




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Annexure -13(5/7)

7.9. Reasonability of Price shall be considered as under:

(a) Within +/- 20% of CONSULTANT’S Estimate – Reasonable

(b) Within +/- 20% of CONSULTANT’S Estimate – Negotiation to be Recommended.

7.10. Bid evaluation shall be including negotiations with prospective CONTRACTORs,

where necessary.

7.11. CONSULTANT shall ensure that Price Estimate reasonability shall be within limits

covered in Para. 1.9. CONSULTANT to provide detailed justification for its price

estimate the quoted prices of bidders are beyond the limits in Para. 1.9.

7.12. Re-tendering (if any) shall be the responsibility of CONSULTANT in case of failed

negotiation / bidder unable to match Tender terms and conditions / Non-response /

minimum response required in procurement process / prices within the reasonability

prices limit specified in Para. 7.9. The lumpsum procurement fee quoted shall be

inclusive of re-tendering as described above.

7.13. Within 7 days on receipt of approval from OWNER on CONSULTANT’S

Recommendation, CONSULTANT shall prepare & submit the LOI on selected

VENDOR / CONTRACTOR for OWNER’s Approval / Signature

7.14. Within 7 days of ISSUE of LOI to selected VENDOR / CONTRACTOR,

CONSULTANT shall prepare & submit PO / Work Order / CONTRACT document for

issued LOI.

8. Test/Inspection Certificate

All major items of EQUIPMENT / Critical items required for performance guarantee

such as pressure vessels, large machinery etc. shall have an equipment dossier

prepared by VENDOR and checked by CONSULTANT for completeness. This

shall include (wherever applicable):

i. Material test certificates.

ii. Stage inspection certificates.

iii. Heat treatment charts.

iv. Radiographic examination results.

v. Inspection reports on mechanical and performance test runs; including

performance curves, power consumption etc.


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Annexure -13(6/7)

vi. Welding procedure specifications.

vii. Procedural qualification reports.

viii. Rubbing of any insurance company stamps and EQUIPMENT name plates.

ix. Certificates of compliance with code issued by a mandatory inspection

body (e.g. Lloyd's, TUV etc,). Manufacture and inspection of all items coming

under the purview of Indian Boiler Regulation (IBR) shall be as per latest Indian

Boiler Regulation s applicable in the State of Assam, India.

9. SUPPLY CONTRACTS

CONSULTANT will be responsible for SUPPLY CONTRACT. Normally SUPPLY

CONTRACTS for supply of equipments / items shall be issued from

CONSULTANT'S / OWNER’S office. Pre- qualification list along with Proven Track

Records (PTR) of VENDORS (if any) for such contracts shall be prepared by

CONSULTANT and reviewed by OWNER. Approval of VENDORS list (if any) will

be obtained from OWNER.

Bid documents for SUPPLY CONTRACT shall be prepared by CONSULTANT

and shall be submitted to OWNER for approval .The bid document shall include

but not be limited to following:

i) Instruction to Bidders. ii) General purchase conditions iii) Special purchase conditions iv) Bid specifications. v) Schedule of quantities. vi) Payment Schedule.

10. WORKS / SERVICES CONTRACTS

CONSULTANT will be responsible for WORKS/ SERVICES CONTRACTS. Normally

WORKS CONTRACTS for construction and erection for the project will be issued

from CONSULTANT'S / OWNER’S office. However, in specific cases works

contracts may be issued from SITE. CONSULTANT shall post adequate number of

personnel at SITE for carrying out this activity. Pre- qualification list along with

Proven Track Records (PTR) of CONTRACTORS (if any) for such contracts shall

be prepared by CONSULTANT and reviewed by OWNER. Approval of VENDORS

list (if any) will be obtained from OWNER.


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Annexure -13(7/7)

Bid documents for WORKS CONTRACTS shall be prepared by CONSULTANT

and shall be submitted to OWNER for approval .The bid document shall include

but not be limited to following:

i) Instruction to Bidders. ii) General conditions of contract. iii) Special conditions of Contract. iv) Bid specifications. v) Schedule of quantities. vi) Payment Schedule.

11. EXECUTION OF WORK CONTRACTS

11.1 For execution of the works contract, CONSULTANT's representative at SITE shall

correspond directly with CONTRACTOR on all matters. For execution and overall

coordination at SITE, OWNER’s representative shall be nominated by the OWNER.

11.2 Periodic meetings shall be held jointly between OWNER, CONSULTANT and

CONTRACTORS to review the progress of WORK and to resolve problems, if any.

CONSULTANT shall prepare the minutes of such meetings and circulate the

same within 2 days.

11.3 All invoices of CONTRACTOR shall be certified within 7 DAYS by CONSULTANT

and passed on to OWNER for payment.

11.4 OWNER shall make payment to CONTRACTOR within 14 DAYS from receipt of

invoice.


TCE.6842A-G-300-303

REVIEW AND APPROVAL PROCEDURES SHEET 123 OF 150


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REVIEW AND APPROVAL PROCEDURES

OWNER's review for acceptance, comments, or approval (as the case may be)

shall be progressive.

If OWNER requests changes, CONSULTANT shall consider such changes. In the

event such changes are not acceptable, CONSULTANT shall give in writing its

reasons for not accepting such changes and/or indicate implications due to such

changes. It is understood that no change shall become effective until it has been

mutually agreed in writing between OWNER and CONSULTANT.

Approval or acceptance given by OWNER shall not relieve CONSULTANT of

its obligations under CONTRACT.

OWNER shall have the authority to request changes of or additions to designs,

drawings and equipment data sheet as long as these do not conflict with

responsibility of CONSULTANT to fulfill its guarantees under CONTRACT. The

changes or additions carried out by CONSULTANT at OWNER's instance or

approval by OWNER of purchase recommendations and documents shall not

dilute CONSULTANT'S obligations and /or relieve CONSULTANT from fulfilling the

guarantees under CONTRACT.

OWNER's review in essence, shall be regarded only as an acknowledgement of

OWNER's satisfaction with the general arrangement and general design. Changes

of, additions to, or approval of documents shall not make OWNER responsible for the

accuracy and correctness thereof, for failure of EQUIPMENT, for proper mechanical

design, for failure to meet the performance guarantees, for failure to comply with any

code requirements, or in any other respect.


TCE.6842A-G-300-303 INTEGRITY PACT SHEET 124 OF 150


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INTEGRITY PACT

BETWEEN

Assam Petrochemicals Ltd., hereinafter referred to as "The Principal",

AND

……………………………………………………………… hereinafter referred to as "The

Bidder / CONSULTANT".

Preamble

The Principal intends to award, under laid down organizational procedures,

Contract/s for ...................................................................... The Principal values full

compliance with all relevant laws and regulations, and the principles of economic use of

resources, and of fairness and transparency in its relations with its Bidder/s and

CONSULTANT/s.

In order to achieve these goals, the Principal will appoint an external independent

Monitor who will monitor the tender process and the execution of the contract for

compliance with the principles mentioned above.

Section 1 -Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles: -

a) No employee of the Principal, personally or through family members, will in connection

with the tender for, or the execution of a contract, demand, take a promise for or accept, for

him/herself or third person, any material or immaterial benefit which he/she is not legally

entitled to.

b) The Principal will, during the tender process treat all Bidders- with equity and reason. The

Principal will in particular, before and during the tender process, provide to all Bidders the

same information and will not provide to any Bidder confidential / additional information

through which the Bidder could obtain an advantage in relation to the tender process or the

tender execution.

c) The Principal will exclude from the process all known prejudiced persons.

2) If the Principal obtains information on the conduct of any of its employees which is a




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Annexure-15 (2/7)

criminal offence under the IPC / PC Act, or if there be a substantive suspicion in this regard,

the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder / CONSULTANT

(1) The Bidder / CONSULTANT commit itself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in

the tender process and during the contract execution.

a) The Bidder / CONSULTANT will not, directly or through any other person or firm, offer,

promise or give to any of the Principal's employees involved in the tender process or the

execution of the contract or to any third person any material or immaterial benefit which he /

she is not legally entitled to, in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract.

b) The Bidder / CONSULTANT will not enter with other Bidders into any undisclosed

agreement or understanding, whether formal or informal. This applies in particular to

prices, specifications, certifications, subsidiary contracts, submission or non-submission of

bids or any other actions to restrict competitiveness or to introduce cartelization in the

bidding process.

c) The Bidder / CONSULTANT will not commit any offence under the IPC / PC Act; further the

Bidder / Contactor will not use improperly, for purposes of competition or personal gain, or

pass on to others, any information or document provided by the Principal as part of the

business relationship

d) The Bidder / CONSULTANT will, when presenting his bid, disclose any and all payments

he has made, is committed to or intends to make to agents, brokers or any other

intermediaries in connection with the award of the contract.

(2) The Bidder / CONSULTANT will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before award of contract has committed a transgression through a violation of

Section 2 or in any other form such as to put his reliability or credibility as Bidder into




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question, the Principal is entitled to disqualify the Bidder from the tender process or to

terminate the contract, if already signed, for such reason.

(1) If the Bidder / CONSULTANT have committed a transgression through a violation of

Section 2 such as to put his reliability or credibility into question, the Principal is entitled also

to exclude the Bidder / CONSULTANT from future contract award processes. The imposition

and duration of the exclusion will be determined by the severity of the transgression. The

severity will be determined by the circumstances of the case, in particular the

number of transgressions, the position of the transgressors within the company hierarchy of

the Bidder and the amount of the damage. The exclusion will be imposed for a

minimum of 6 months and maximum of 3 years.

(2) The Bidder accepts and undertakes to respect and uphold the Principal's absolute

right to resort to and impose such exclusion

(3) Apart from the above, the Principal may take action for banning of business dealings /

holiday listing of the Bidder as deemed fit by the Principal.

(4) If the Bidder / CONSULTANT can prove that he has restored / recouped the damage

caused by him and has installed a suitable corruption prevention system, the Principal

may revoke the exclusion prematurely.

(5) A transgression is considered to have occurred if in light of available evidence no

reasonable doubt is possible.

Section 4 - Compensation for Damages

1) Without prejudice to any rights that may be available to the Principal under law or the

Contract or its established policies and laid down procedures, the Principal / OWNER shall

have the following rights in case of breach of this Integrity Pact by the Bidder/

CONSULTANTs): Forfeiture of EMD / Security Deposit: If the Principal has disqualified the

Bidder(s) from the Tender process prior to the award of the Contract or terminated the Contract

or has accrued the right to terminate the Contract according to Section 3, the Principal apart

from exercising any legal rights that may have accrued to the Principal, may in its considered

opinion forfeit the




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Earnest Money Deposit / Bid-Security amount of the Bidder / CONSULTANT.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is

entitled to terminate the contract according to Section 3, the Principal shall be entitled to

demand and recover from the CONSULTANT liquidated damages equivalent to 5% of the

contract value or the amount equivalent to Security Deposit / Performance Bank Guarantee,

whichever is higher.

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject

only to condition that if the Bidder / CONSULTANT can prove and establish that the exclusion

of the Bidder from the tender process or the termination of the contract after the contract award

has caused no damage or less damage than the amount of the liquidated damages, the Bidder

/ CONSULTANT shall compensate the Principal only to the extent of the damage in the amount

proved.

Section 5 -Previous Transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any

other Company in any country conforming to or with any other Public Section Enterprise in

India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the

tender process or the contract, if already awarded, can" be terminated for such reason.

(3) If the Bidder / CONSULTANT can prove that he has resorted / recouped the damage

caused by him and has installed a suitable corruption prevention system, the Principal may, at

its own discretion as per laid down organizational procedures, revoke the exclusion

prematurely.

Section 6 - Equal treatment of all Bidders / CONSULTANTs / Sub-CONSULTANTs

(1) The Bidder / CONSULTANT undertake to demand from all sub CONSULTANTs a

commitment in conformity with this Integrity Pact. The Bidder / CONSULTANT shall be

responsible for any violation(s) of the principles laid down in this agreement / Pact by any of its

SUB-CONSULTANTs.




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(2) The Principal will enter into agreements with identical conditions as this one with

all Bidders and CONSULTANTs.

(3) The Principal will disqualify from the tender process all bidders who do not sign

this pact or violate its provisions.

Section 7 - Criminal charges against violating Bidders / CONSULTANTs / Sub-

CONSULTANTs

If the Principal obtains knowledge of conduct of a Bidder, CONSULTANT or Sub-

CONSULTANT or of an employee or a representative or an associate of a Bidder,

CONSULTANT or Sub-CONSULTANT which constitutes corruption, or if the Principal has

substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 - External Independent Monitor / Monitors (number depending on the size

of the contract to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent

Monitor for this Pact. The task of the Monitor is to review independently and objectively,

whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently.

(3) The CONSULTANT accepts that the Monitor has the right to access without

restriction to all Project documentation of the Principal including that provided by the

CONSULTANT. The CONSULTANT will also grant the Monitor, upon his request and

demonstration of a valid interest, unrestricted and unconditional access to his project

documentation. The same is applicable to Sub-CONSULTANTs. The Monitor is under

contractual obligation to treat the information and documents of the Bidder / CONSULTANT

/ Sub-con tractor with confidentiality.




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(4) In case of tenders having an estimated value of Rs.100 Crore, the Principal will provide

to the Monitor sufficient information about all meetings among the parties related to the

Project provided such meetings could have an impact on the contractual relations

between the Principal and the CONSULTANT.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will

so inform the Management of the Principal and request the Management to discontinue

or to take other relevant action. The Monitor can in this regard submit non-binding

recommendations. Beyond this, the Monitor has no right to demand from the parties

that they act in a specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the CEO of the Principal within 2 weeks

from the date of reference or intimation to him by the 'Principal' and, should the occasion

arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the CEO of the Principal substantiated suspicion

of an offence under the IPC / PC Act and the CEO has not, within reasonable time, taken

visible action to proceed against such offence or reported it to the Vigilance Office, the

Monitor may also transmit this information directly to the

Central Vigilance Commissioner, Government of India,

(8) The word 'Monitor' would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both the parties have legally signed it. It expires for the Bidder /

CONSULTANT 12 months after the completion of work under Contract or till the continuation of

guarantee period, whichever is more and for all other bidders, till the contract is awarded.

If any claim is made / lodged during this time, the same shall continue to be valid despite the

lapse of this pact as specified it is discharged / determined by the CEO of the Principal.




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Section 10 - Other Provisions

1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. Guwahati.

2) Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

3) If the CONSULTANT is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

4) Should one or several provision of this agreement turn out to be invalid the remainder of this

agreement remains valid. In this the parties will strive to come to an agreement to their original

intentions.

_________________________________ ______________________________

FOR THE PRINCIPAL FOR THE BIDDER/ CONSULTANT

WITNESS 1:

WITNESS 2:

Place: ___________________________

Date: ____________________________


TCE.6842A-G-300-303

INFORMATION ABOUT TENDERER SHEET 131 OF 150


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INFORMATION ABOUT TENDERER

A. In Case of Individual

(i) Name of business

(ii) Whether his business is registered

(iii) Date of commencement of business

(iv) Whether he pays Income Tax over Rs. 10,000 per year

(v) Whether he is a Director or is related to any Director of OWNER, present or retired

within the past two years

(vi) Whether he has been banned / de-listed by any Government Department / Quasi-

Government / Public Sector Undertaking. If so, give details.

B. In case of Partnership:

(i) Names of partners

(ii) Whether the partnership is registered

(iii) Date of establishment of firm

(iv) If each of the partners of the firm pays income Tax over Rs. 10,000 a year and if

not, which of them pays the same

(v) Whether any partner or member of the firm is a Director or is related to any Director

of OWNER, present or retired within the past two years

(vi) Whether the firm has been banned / de-listed by any Government Department /

(vii) Quasi-Government / Public Sector Undertaking. If so, give details.

C. In case of Limited Company or Company Limited by Guarantees:

(i) Amount of paid-up capital

(ii) Name of Directors

(iii) Date of Registration of Company

(iv) Copies of the balance sheet of the company of the last two years

(v) Whether any Director of the Company is a Director or is related to any Director of


TCE.6842A-G-300-303

INFORMATION ABOUT TENDERER SHEET 132 OF 150


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(vi) OWNER, present or retired within the past two years

(vii) Whether the company has been banned / de-listed by any Government Department

/ Quasi-Government / Public Sector Undertaking. If so, give details.

Signature of Tenderer with seal:

Name and Address of Tenderer:


TCE.6842A-G-300-303 FORMAT FOR ENVELOPE CONTAINING BIDS SHEET 133 OF 150


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FORMAT FOR ENVELOPE CONTAINING BIDS

TO BE OPENED BY THE ADRESSEE ONLY

COVER 1

CONTAINS 1. Sealed envelope no. 1: Containing “Technical Bid” and “Unpriced Commercial Bid”.

2. Sealed envelope no. 2: Containing “Priced bid”. CLIENT: ASSAM PETROCHEMICALS LTD.

PMC: TATA CONSULTING ENGINEERS LIMITED.

PROJECT: 200 TPD ACETIC ACID PLANT AT NAMRUP, ASSAM.

Enquiry No. : -----------------------------------------------------------------------------------------

Item : ----------------------------------------------------------------------------------------------------

Bid due date & time : ---------------------------------------------------------------------------------

From:

To,

MANAGING DIRECTOR ASSAM PETROCHEMICAL LIMITED. 4TH FLOOR, ORION PLACE, BHANGAGARH, G.S. ROAD, GUWAHATI-781005. PHONE: (0361) 2461470 / 24961471. E-MAIL:[email protected]

(To be pasted on the sealed cover containing envelope no. 1 & envelope no. 2)




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(ENVELOPE NO. 1: CONTAINS TECHNICAL & UN-PRICED COMMERCIAL BID)

CLIENT: ASSAM PETROCHEMICALS LTD.



Enquiry No. : -----------------------------------------------------------------------------------------

Item : -----------------------------------------------------------------------------------------------------

Bid due date & time :-------------------------------------------------------------------------------------

From:

(To be pasted on the envelop No.1 containing TECHNICAL & UNPRICED COMMERCIAL

BID)




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(ENVELOPE NO. 2: CONTAINS PRICED BID)

CLIENT: ASSAM PETROCHEMICALS LTD.



Enquiry No. : -----------------------------------------------------------------------------------------

Item : ------------------------------------------------------------------------------------------------------

Bid due date & time : -----------------------------------------------------------------------------------

From:

(To be pasted on the envelop No. 2 containing PRICED BID with duly filled prices)


TCE.6842A-G-300-303 FORMAT FOR BIDDER’S QUERY SHEET 136 OF 150


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ANNEXURE-18 FORMAT FOR BIDDER’S QUERIES

“Clarifications for Enquiry No. TCE.6842A-G-300-303”

Name of Work :

Bidding Document No : TCE.6842A-G-300-303

Name of Bidder :

SL. NO.

BID DOCUMENT SUBJECT BIDDER’S

QUERY

PAGE NO.

CLAUSE NO.

Note: 1. Bidder’s queries with subject line “Clarifications for Enquiry No. TCE.6842A-G-300-303”

may be sent by email to the following E-mail IDs:

[email protected] / [email protected]




TCE.6842A-G-300-303

CHECKLIST FOR SUBMISSION OF BID SHEET 137 OF 150


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PART-1: CHECK LIST FOR SUBMISSION OF “UNPRICED BID”

To be submitted along with “UNPRICED BID”

Bidder is requested to fill this check list and ensure that all details/documents have

been furnished as called for in the Bidding Document (ITB) along with duly filled

in, signed & stamped checklist.

Please tick the box and ensure compliance with “Unpriced Technical Bid”

(1.0) Proforma for Bid Submission Letter as per Annexure-3

Submitted

(2.0) Power of Attorney in Favor of the person who has signed the bid on stamp paper of

appropriate value, if applicable.

Submitted

(3.0) Proforma for experience and track as per Annexure 8

Submitted

(4.0) Proforma for Concurrent Commitments as per Annexure -9

Submitted

(5.0) Proforma for Exception and/or Deviations as Per Annexure- 7

Submitted

(6.0) Bio-data of Key Personnel as Per Annexure- 10

Submitted


TCE.6842A-G-300-303



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(7.0) Declaration By Bidder regarding whether he is a Director or is related to any

Director or OWNER, present or retired within the past three years

Submitted

(8.0) Submission of documents to establish conformity with Bidder’s Qualification Criteria

as per Instruction to bidder (ITB) under head “Bidder’s Pre- Qualification Criteria”

Submitted

(9.0) Partnership Deed in case of partnership firm and Article of Association (AOA) /

Memorandum of Association (MOA) in case of limited company

Submitted

(10.0) Blank copy (without price) of schedule of Price indicating “Quoted” duly signed and

stamped on each page

Submitted

CONFIRM THE FOLLOWING

(1.0) All pages of the bid have been page numbered in sequential manner from last page

to the first page.

YES

(2.0) The bid has been submitted in requisite number of copies as specified in

Instructions to Bidders

YES


TCE.6842A-G-300-303



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(3.0) Bidding Document marked "ORIGINAL" along with Original offer, Compliance Letter

for Addendum/ Amendment, if any, along with Original offer and in copies, has been

submitted duly signed and stamped on each page.

YES

(4.0) Blank copy (without price) indicating “Quoted” of Schedule of Prices duly signed

and stamped on each page has been submitted

YES

(5.0) Submission of Master Index enclosed with the bidding document duly signed and

stamped by the Bidder in token of having received and read all the parts of the Bidding

documents and having accepted and considered the same in preparing and submitting the

Bid.

YES

(6.0) Submission of Tender-er’s Quality Policy

YES

(7.0) Submission of Tender-er’s Safety Policy.

YES

(8.0) Submission of ESIC, PAN Details, Service Tax registration certificate,

Schedule Bar chart, proposed site organization

YES


TCE.6842A-G-300-303



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(9.0) Bid / Offer have been neatly punched & filed / Hard Bounded. Offer submitted in

loose / stapled papers and / or insufficient documents / details / copies as mentioned in

above table will not be accepted and may lead to rejection of bid

YES

SIGNATURE OF BIDDER:

NAME OF BIDDER:

COMPANY SEAL:


TCE.6842A-G-300-303



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PART-2: CHECK LIST FOR SUBMISSION OF “PRICED BID”

To be submitted along with “PRICED BID”

Please tick the box and ensure compliance w ith “Priced Bid”:

(1.0) Price Schedule as Per Annexure- 5a

Submitted

(2.0) Certificate as Per Section 184/188 of Companies Act 2013 as Per Annexure- 6

Submitted

SIGNATURE OF BIDDER:

NAME OF BIDDER:

COMPANY SEAL:


TCE.6842A-G-300-303

PROFORMA OF LETTER OF AUTHORITY FOR

ATTENDING PRE-BID MEETING SHEET 142 OF 150


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PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING PRE-BID MEETING

Ref ............................... Date: TO,


Assam Petrochemicals Limited, 4th Floor, Orion Place,

G.S. Road Bhangagarh, Guwahati-781005 Assam,

India.

Dear Sir,

I / We........................................hereby authorize the following representative(s) to attend the

Pre-bid Meeting against your Tender No. TCE.6842A-G-300-303 - (PCM) SERVICES FOR 200

TPD ACETIC ACID PLANT WITH CO SEPARATION UNIT

1. Name & Designation & Mobile no. .....................................Signature............................ 2. Name & Designation & Mobile no. .....................................Signature............................ I / We confirm that I / we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully, Signature..................................................... Name & Designation.................................... For & on behalf of........................................ NOTE:

I. This Letter of Authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder.

II. You must send this letter 2 days in advance to scheduled Pre-Bid Meeting as mentioned in the Tender. Non submission of this letter in stipulated time period will be considered as not willing to attend the Pre-Bid Meeting.

PRE BID MEETING VENUE:

ASSAM PETROCHEMICAL LIMITED, APL Site, Namrup, Dibrugarh, Assam, India


TCE.6842A-G-300-303

PROFORMA OF LETTER OF AUTHORITY FOR

ATTENDING TECHNICAL BID OPENING AND PRICE BID

OPENING

SHEET 143 OF 150


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PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING TECHNICAL BID OPENING AND

PRICE BID OPENING

Ref ............................... Date: TO,


Assam Petrochemicals Limited, 4th Floor, Orion Place,

G.S. Road Bhangagarh, Guwahati-781005 Assam,

India.

Dear Sir, I/We........................................hereby authorize the following representative(s) to attend the

................................................. (Un-priced / priced bid) opening against your Tender No.

TCE.6842A-G-300-303 - (PCM) SERVICES FOR 200 TPD ACETIC ACID PLANT WITH CO

SEPARATION UNIT

1. Name & Designation......................... Signature............................

I/We confirm that I/we shall be bound by all and whatsoever our representative (s) shall commit. Yours faithfully,

Signature............................................

Name & Designation...........................

For & on behalf of............................... NOTE:

III. This Letter of Authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder.

IV. Only One representative will be allowed for attending price bid opening.


TCE.6842A-G-300-303 PROFORMA OF BID BOND SHEET 144 OF 150


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PROFORMA FOR BID BOND

In consideration of Assam Petrochemicals Limited, having its Registered Office at Orion Place, 4th floor, G.S. Road, Guwahati-5, Assam, India ( hereinafter called ‘ the OWNER’ which expression shall unless repugnant to the subject or context includes its successors and assigns) having agreed to exempt m/s …………………………. (Hereinafter called ‘the said Tenderer(s)’ which expression shall unless repugnant to the subject or context includes his successors and assigns) from the demand under the terms and conditions of tender no. ………. for …………………… hereinafter called ‘the said Tender’ of such earnest money deposit for the due fulfillment by the said Tenderer(s) of the terms and conditions contained in the said tender…………….. for ……………on production of bank guarantee for an amount of Rs.15,00,000/- (Rupees fifteen Lakhs only)

We ……………….. Bank hereinafter referred to as ‘the bank’ do hereby undertake to pay to the OWNER and amount not exceeding Rs.15,00,000/- (Rupees Fifteen Lakhs only) only against any loss or damage caused to or suffered or would be caused to or suffered by the said OWNER by reason of any breach by the said Tenderer(s) of any of the terms and conditions contained in the said tender (the decision of the OWNER as to any such breach having been committed and loss suffered shall be binding on us).

1. We……………… Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur merely on a demand from the OWNER stating that the amount claimed is due by way of loss or damage caused to or would cause to or suffered by the OWNER by reason of any breach by the said Tenderer(s) of any of the terms and conditions contained in the said tender or by reason of the said Tenderer’s failure to keep the tender open. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. 15,00,000 (Rupees Fifteen Lakhs) only.

2. We……………. Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the finalization of the said tender and that it shall continue to be enforceable till the said tender is finally decided and order placed on the successful tenderer(s) and/or till all the dues of the OWNER under/or by virtue of the said tender have been fully paid and its claims satisfied or discharged or till a duly authorized officer, of the OWNER certifies that the terms and conditions of the said tender have been fully and properly carried out by the said Tenderer(s) and accordingly discharges the guarantee.


TCE.6842A-G-300-303 PROFORMA OF BID BOND SHEET 145 OF 150


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3. We __________________Bank undertake not to revoke this guarantee during the currency except with the previous consent of the OWNER in writing. Upon expiration of this Guarantee, this document is to be returned to the Bank for cancellation.

4. NOTWITHSTANDING anything contained hereinabove,

a. Our liability under this guarantee shall be restricted to an amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs only).

b. This guarantee shall be valid upto ___________________________.

c. The Bank shall be released and discharged from all liability under this guarantee unless a written claim or demand is received by the Bank on or before ______________________________.

The Bank hereby declares that it has the power to issue this guarantee and the undersigned has fully power to do so.

Dated……………. day of…………………….. 20……….

Corporate seal for bank


TCE.6842A-G-300-303

LIST OF PROPRIETARY AND NON-PROPRIETARY

ITEMS SHEET 146 OF 150


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I. List of Proprietary / Critical Items to be supplied by PROCESS LICENSOR & ENGINEERING CONSULTANT on CIF Kolkata Port Basis:

Sr. No.

Equipment Tag No. Equipment Name Material Of

Construction

1 T101/T201/T202/

T203/204/T301/T302 Column Internals

Stainless Steel / Zirconium

2 R101 Reactor SA516 Gr. 55 + SB 551

R60700

3 T101 Flash Column SB 333 N10675

4 T201 Lights Ends Column R60702

5 T202 Drying Column R60702

6 E101 LP Steam Generator Zirconium / C.S.

7 E102 Off-gas Condenser Zirconium

8 E201 T101 Condenser Zirconium / C.S.

9 E202 T101 Reboiler Zirconium / C.S.


11 E205 T201 Condenser C276 / C.S.


13 CO SEPARATION Absorbent Aluminosilicate


TCE.6842A-G-300-303




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II. List of Non- Proprietary under the scope of CONSULTANT:


TCE.6842A-G-300-303




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Annexure- 23 (3/3)


TCE.6842A-G-300-303 PROJECT COMPLETION SCHEDULE SHEET 149 OF 150


ISSUE

R0

Annexure- 24


TCE.6842A-G-300-303 PLOT PLAN SHEET 150 OF 150


ISSUE

R0

Annexure- 25

PLOT PLAN