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BANGLADESH POWER DEVELOPMENT BOARDTENDER DOCUMENTFORGOPALGANJ 100 MW±15% POWER PLANT(HFO FIRED ENGINE GENERATING SETS) PROJECTVOLUME 1 OF 3INSTRUCTION TO TENDERERSGENERAL CONDITIONS &SPECIAL CONDITIONSSEPTEMBER-20091


Bangladesh Power Development BoardConstruction of 830 MW Peaking Power Plant (HFO fired EngineGenerating Sets & Dual-fuel GT) ProjectsINVITATION FOR INTERNATIONAL TENDERS1. Ministry / Division Ministry of Power, Energy & Mineral Resources / Power Division.2. Procuring Entity Bangladesh Power Development Board.Name3. Invitation <strong>for</strong> Tenders <strong>for</strong> Engineering, Design, Manufacturing, Inspection, Supply,Installation, Erection, Testing & Commissioning of HFO fired EngineGeneration Power Plant Projects on turnkey basis at Gopalganj (100MW), Hathazari (100 MW), Dohazari (100 MW), Bera (70 MW), Katakhali,Rajshahi (50 MW), Shantahar (50 MW), Baghabari (50 MW), Faridpur (50MW), Daudkandi (Titas) 50 MW and Duel Fuel (Gas or Diesel) GasTurbine at Ghorasal (200 MW).4. Procurement Method Open Tendering method. The Tenderers shall submit the Technical andFinancial proposal in one envelope in accordance with the requirementsof the Tender <strong>document</strong>s.5. Source of Fund Government of Bangladesh (GOB) financed.6. Invitation <strong>for</strong> Tenders Memo no. 713-<strong>BPDB</strong> (Sectt)/Dev-137/99 date 13 Sept. 2009Ref. & Date7. Start of selling 14.09.2009Tender <strong>document</strong>8. Tender Name Construction of 830 MW Peaking Power Plant (HFO fired EngineGenerating Sets & Dual-fuel GT) Projects9. Time <strong>for</strong> Completionof Commissioningfrom the effectivedate of contract.10. Eligibility ofTenderers11. Price of TenderDocument12. Amount of TenderSecurity13. Validity of Tenderand Tender Security450 days.Tenders will only be considered from internationally reputed firms orconsortium who are actually engaged and experienced in the lines ofwork described herein. The <strong>tender</strong>er himself and/or lead partner of JVCAhaving minimum 51% stake shall have experience in complete design,manufacturing, supply, erection, installation, testing and commissioningof Power Stations/Plants as mentioned in Clause 5 of Instructions toTenderers.Tk. 10,000.00 (Tk. Ten thousand) only payable in the <strong>for</strong>m of Pay order /Demand draft in favour of the Director, Purchase, <strong>BPDB</strong>, Dhaka <strong>for</strong> eachset of <strong>tender</strong> <strong>document</strong>.US$ 1,000,000 <strong>for</strong> 200 MW, US$ 300,000 <strong>for</strong> 100 MW, US$ 240,000 <strong>for</strong>70 MW and US$ 150,000 <strong>for</strong> 50 MW project, in the <strong>for</strong>m of an irrevocableand unconditional bank guarantee issued by any scheduled Bank ofBangladesh or by a Foreign Bank duly endorsed by a scheduled Bank inBangladesh payable in favour of the Secretary, <strong>BPDB</strong>.180 (One hundred eighty) days and 208 (Two hundred and eight) daysrespectively from the date of opening of <strong>tender</strong>.2


14. Name and address ofthe Office <strong>for</strong> sellingthe <strong>tender</strong> <strong>document</strong>15. Name and address ofthe Office <strong>for</strong>receiving and openingof <strong>tender</strong>16. Last Date and Time<strong>for</strong> selling the Tender<strong>document</strong>17. Last Date and Time<strong>for</strong> submission ofTenders18. Date and Time <strong>for</strong>opening of Tenders19. Date and Time ofPre-Tender Meeting20. Place of Pre-TenderMeetingDirector of Purchase,Bangladesh Power Development Board,WAPDA Building (9 th floor), Motijheel C/A, Dhaka-1000.SecretaryBangladesh Power Development BoardWAPDA Building (1st floor), Motijheel Commercial area, Dhaka-1000.Date: 28 -10 - 2009Time: 17:00 hours (BST)Date: 29 - 10 - 2009Time: 11:00 hours (BST)The <strong>tender</strong>s shall be opened at 11:30 hours BST, 29-10–2009. Tenderersand thier authorized representative are allowed to attend.Date: 06 - 10 - 2009 Time: 11:00 hours (BST)Only those, who have already purchased <strong>tender</strong> <strong>document</strong> will be allowedto participate in the pre-<strong>tender</strong> meeting.Board Room of <strong>BPDB</strong>WAPDA Building (1st floor), Motijheel C/A, Dhaka 1000.21. Special Instructions Tender Documents will be posted in the <strong>BPDB</strong> website :http://www.bpdb.govt.bdTenders submitted by Fax, Telex, Swift, Cable, E-mail & by post/couriershall not be accepted.The Procuring Entity reserves the right to accept any or reject any/ all<strong>tender</strong>s prior to acceptance without assigning any reason.22. Brief Description ofWorks & Services23. Name of officialInviting the Tender24. Designation andaddress inviting theTenderComplete engineering, design, manufacturing, inspection, testing, supply,delivery to the site, site preparation, shifting of existing establishments orinfrastructure (if required), related civil and building works, installation,erection, testing & commissioning of HFO fired Engine Generating SetsPower Plant Project [capacity of each identical unit is not less than 5 MW]and dual-fuel gas turbine Power Plant Project [2to 4 identical units],having net output as mentioned in each <strong>tender</strong> <strong>document</strong> at Siteconditions of 35°C, 1.013 bar, 98% R.H., including necessary auxiliariesand ancillaries on Turnkey basis as stated in the scope of work of theTender <strong>document</strong>. The Tenderer shall also provide 2 (two) yearswarranty period <strong>for</strong> the entire work as well as Long Term Service under aLong Term Service Agreement (LTSA) <strong>for</strong> the next 4 years.Md. Azizul IslamSecretaryBangladesh Power Development BoardWAPDA Building (1st floor)Motijheel Commercial area, Dhaka-1000.Tel: 9554209, 9567350 Fax: 880-2-9564765-signed-(Md. Azizul Islam)Secretary,Bangladesh Power Development Board3


WAPDA Building (1 st Floor)Motijheel C/Area, Dhaka-1000, BangladeshFax : 880-2-9564765Memo no. 713-<strong>BPDB</strong> (Sectt)/Dev-137/99 Date 13 Sept. 2009Copy <strong>for</strong> in<strong>for</strong>mation & necessary action to:1. Secretary, Power Division, Ministry of Power, Energ and Mineral Resources, Dhaka.2. DG, IMED, Planning commission, CPTU, Dhaka. He is requested to take necessary action <strong>for</strong>posting the said notice in the CPTU website.3. Member, Generation/ P&D/Finance, <strong>BPDB</strong>, Dhaka.4. Chief Engineer, Generation/ P&D/PSC, <strong>BPDB</strong>, Dhaka.5. Controller (Finance & Accounts), <strong>BPDB</strong>, Dhaka.6. P.S to Hon'ble Advisor to Prime Minister <strong>for</strong> Power, Energy and Mineral Resources, Dhaka.7. PS to Hon'ble State Minister, Ministry of Power, Energy and Mineral Resources, Dhaka.8. Project Director, Specialized Power Generation Projects Management Unit./ ......................Power Plant (HFO fired Engine Generating Sets) Project, <strong>BPDB</strong>9. C.S.O to Chairman, <strong>BPDB</strong>, Dhaka.10. Director, Design & Inspection-1/ Design & Inspection-11/System Planning/Program/ Finance/Contract & C.A, <strong>BPDB</strong>, Dhaka.11. Director, Purchase, <strong>BPDB</strong>, Dhaka. Tender <strong>document</strong> will be available be<strong>for</strong>e 13.09.2009 <strong>for</strong>selling.12. Director, Public Relation, <strong>BPDB</strong> Dhaka. He is requested to take necessary steps to publish the<strong>tender</strong> notice in national daily newspapers.13. Senior System Analyst, <strong>BPDB</strong> Dhaka. He is requested to post the said notice in <strong>BPDB</strong> website.14. Office copy.-signed-Sr. Section Officer (Dev)<strong>BPDB</strong>, Dhaka.4


Bangladesh Power Development BoardConstruction of Gopalganj 100 MW±15% Power Plant (HFOfired Engine Generating Sets) ProjectContentsChapter Section Title PageIINSTRUCTIONS TO TENDERERSREJECTION OF TENDERS .................................................1.0 Invitation ------------------------------------------------------------2.0 Submission of Proposal -------------------------------------------3.0 Tender Validity -----------------------------------------------------4.0 Acceptance of Proposal -------------------------------------------5.0 Requirements <strong>for</strong> Tenderers -------------------------------------6.0 Request <strong>for</strong> In<strong>for</strong>mation-------------------------------------------7.0 Interpretation of Specification and Addenda ------------------8.0 Site Visit -------------------------------------------------------------9.0 Departures from Specifications ----------------------------------10.0 In<strong>for</strong>mation to be supplied with the Proposals ---------------11.0 Time Schedule -----------------------------------------------------12.0 Technical Proposal -------------------------------------------------13.0 Tender Currencies --------------------------------------------------14.0 Financial Proposal -------------------------------------------------15.0 Deviation in Payment Schedule ---------------------------------16.0 Conditions of Contract --------------------------------------------17.0 Source of Finance --------------------------------------------------18.0 Currency of Payments --------------------------------------------19.0 Language, Units and Dimensions -------------------------------20.0 Voluntary Clarification/Amendment after Closing of Tender-21.0 Bangladesh Regulations ------------------------------------------22.0 Quality Assurance -------------------------------------------------23.0 Use of Bangladesh Materials -------------------------------------24.0 Spare Parts ---------------------------------------------------------25.0 Evaluation ----------------------------------------------------------26.0 Exchange Rate -----------------------------------------------------27.0 Tender Security ----------------------------------------------------8.0 Per<strong>for</strong>mance Security ---------------------------------------------29.0 Notification of Award ----------------------------------------------30.0 Contract Agreement -----------------------------------------------31.0 Corrupt, Fraudulent, Collusive or Coercive Practices ---------32.0 Tenderer: Contacting the Purchaser ----------------------------33.0 Tenderer: Right to Complain -------------------------------------Appendix-IForm of Tender Security ---------------------------------------------------Appendix-25


Form of Tender -------------------------------------------------------------Appendix-3Bill of Materials / Quantities and Price Schedule -----------------------Appendix-4Time Schedule ---------------------------------------------------------------Appendix-5Form of Per<strong>for</strong>mance Security --------------------------------------------Appendix-6Form of Agreement ---------------------------------------------------------Appendix-7Complain ---------------------------------------------------------------------IIGeneral Conditions (GC)1.0 Contract Documents -----------------------------------------------2.0 Definitions ----------------------------------------------------------3.0 Assignment ---------------------------------------------------------4.0 Sub-letting ----------------------------------------------------------5.0 Oral Statements not Binding -------------------------------------6.0 Standard Specifications -------------------------------------------7.0 Extent of Contract -------------------------------------------------8.0 Scope, Nature and Intent of Special Conditions,Technical Provisions and Plans -----------------------------------9.0 Inspection of Site---------------------------------------------------10.0 Approval of Engineering Data and Drawings ------------------11.0 Legal Addresses ----------------------------------------------------12.0 Office at Site of Work ---------------------------------------------12.01 Contractors Office at Site of Work ------------------------------13.0 Methods of Operation ---------------------------------------------14.0 Authority of The Engineer-----------------------------------------15.0 Work to The Satisfaction of Board / Engineer ----------------16.0 Engineering Inspection -------------------------------------------17.0 No Waiver of Rights -----------------------------------------------18.0 Contractor's Superintendence -----------------------------------19.0 Contractor's Employees -------------------------------------------20.0 Setting out ----------------------------------------------------------21.0 Fencing, Lighting and Guarding ----------------------------------22.0 Care of Work -------------------------------------------------------23.0 Force Majeure ------------------------------------------------------24.0 Damage to Persons and Property -------------------------------25.0 Accident or Injury to Workmen ----------------------------------26.0 Contractor's Obligation to Insure -------------------------------27.0 Patent Rights -------------------------------------------------------28.0 Arbitration -----------------------------------------------------------29.0 Provision <strong>for</strong> Emergencies ----------------------------------------30.0 Inspection, Testing, Progress andExpediting During Manufacture ---------------------------------31.0 Access to Site ------------------------------------------------------32.0 Right of Board to Terminate Contract --------------------------6


32.01 Termination <strong>for</strong> Convenience ------------------------------------33.0 Rejection ------------------------------------------------------------34.0 Suspension of The Work ------------------------------------------35.0 Commencement of The Work -----------------------------------36.0 Possession of Site --------------------------------------------------37.0 Time <strong>for</strong> Completion ----------------------------------------------38.0 Rate of Progress ---------------------------------------------------39.0 Urgent Repairs -----------------------------------------------------40.0 Contractor to Check Plans and Schedules ---------------------41.0 Laws and Regulations ---------------------------------------------42.0 Character of Workmen --------------------------------------------43.0 Working Hours -----------------------------------------------------44.0 Unfavourable Construction Conditions -------------------------45.0 Liquidated Damages ----------------------------------------------45.A Penalty during Warranty Period---------------------------------46.0 Hindrances and Delays -------------------------------------------47.0 Extension of Time - ------------------------------------------------48.0 Materials and Equipment ------------------------------------------49.0 Clean up of Site ----------------------------------------------------50.0 Warranty ------------------------------------------------------------51.0 Claims <strong>for</strong> Labour and Materials ---------------------------------52.0 Maintaining Commercial Operation -----------------------------53.0 Cutting into Existing Work ---------------------------------------54.0 Major Economic Dislocation: Deleted ---------------------------55.0 Payments of duties, taxes, vat, fees & other Taxes ---------55.01 - -----------------------------------------------------------------------55.02 Import duty, vat, taxes, levies and other taxes<strong>for</strong> permanent materials of the project ------------------------55.03 Contractor's Responsibility to get Acquainted withBangladesh Laws, Import Policy, etc ----------------------------56.0 Contractor's Breakdown Estimate -------------------------------57.0 Defense of Suits ---------------------------------------------------58.0 Governmental Authorization -------------------------------------59.0 Losses from Natural Causes -------------------------------------60.0 Insurance -----------------------------------------------------------60.01 Marine Insurance --------------------------------------------------60.02 Erection Insurance ------------------------------------------------60.03 Transport Liability Insurance ------------------------------------60.04 Workmen's Compensation Insurance ---------------------------60.05 Replacement and Repair under Insurance --------------------61.0 Terms & Procedure of Payments --------------------------------61.01 Local currency portion- --------------------------------------------61.02 Foreign Currency portion -----------------------------------------61.03 Terms of Payment -------------------------------------------------62.0 Documentation <strong>for</strong> payment - ------------------------------------63.0 Reporting, Clearing and Shipping Documents ----------------63.01 Reporting Documents ---------------------------------------------63.02 Clearing Documents -----------------------------------------------63.03 Shipping Documents ----------------------------------------------64.0 Books and Records ------------------------------------------------65.0 Packaging -----------------------------------------------------------7


66.0 Completion ----------------------------------------------------------67.0 Provisional Acceptance Certificate (PAC) ----------------------68.0 Release of Liability -------------------------------------------------69.0 Successful Per<strong>for</strong>mance ------------------------------------------70.0 Training -------------------------------------------------------------71.0 Modifications -------------------------------------------------------72.0 Final Acceptance Certificate --------------------------------------IIISpecial Conditions (SC)1.0 Contractor's Drawings --------------------------------------------1.1 Shop Drawings -----------------------------------------------------1.2 Working Drawings -------------------------------------------------1.3 Foundation Design -------------------------------------------------2.0 Photographs --------------------------------------------------------3.0 Co-operation with Board ------------------------------------------4.0 Construction Plant and Temporary Facilities ------------------4.1 Temporary Structures ---------------------------------------------4.2 Construction Electric Power --------------------------------------4.3 Temporary Lighting -----------------------------------------------4.4 Water ----------------------------------------------------------------4.5 Sanitary Facilities --------------------------------------------------5.0 Schedule of Imported Tools,Testing Equipment and Personnel ------------------------------6.0 Customs Clearance ------------------------------------------------7.0 Receiving, Transporting, Handling and Storage --------------7.1 Plat<strong>for</strong>ms ------------------------------------------------------------7·2 Indoor Storage -----------------------------------------------------7.3 Shoring --------------------------------------------------------------7.4 Weatherproof Coverings ------------------------------------------8.0 Equipment Per<strong>for</strong>mance ------------------------------------------9.0 Identification of Contractor's Employees,Vehicles and Buildings -------------------------------------------10. Expatriate Personnel ----------------------------------------------11.0 Safety ----------------------------------------------------------------12.0 Protection of Operating Plant ------------------------------------13.0 Co-ordination of Work --------------------------------------------14.0 Language -----------------------------------------------------------15.0 Quality Assurance -------------------------------------------------16.0 Contract Planning and Control -----------------------------------17.0 Release of In<strong>for</strong>mation -------------------------------------------18.0 Safety and Accident Prevention ---------------------------------19.0 Fire Protection ------------------------------------------------------20.0 Lines and Grades --------------------------------------------------21.0 Security --------------------------------------------------------------22.0 Housing & Transport ----------------------------------------------23.0 Protection of Work -------------------------------------------------24.0 Proprietary Name --------------------------------------------------25.0 Start-up and Initial Operation -----------------------------------26.0 Acceptance Testing ------------------------------------------------27.0 Supervision During Guarantee Period --------------------------8


27.1 Service Engineers After Warranty Period ----------------------28.0 Disposal of Replaced Equipment and Materials ---------------29.0 Operating and Maintenance Instructions ----------------------30.0 Guarantee on Per<strong>for</strong>mance --------------------------------------30.1 Net Output ----------------------------------------------------------30.2 Heat Rate -----------------------------------------------------------30.3 Trans<strong>for</strong>mer Loss --------------------------------------------------9


Chapter IInstructions to Tenderers10


Rejection of TendersThe Tender shall be rejected and shall not be considered <strong>for</strong> evaluation if theTenderers do not submit / fulfil any one of the followings among other terms asstipulated in this <strong>tender</strong> <strong>document</strong>:a) CERTIFICATE FROM THE END USER ON TENDERER’S EXPERIENCE AND OTHERSAS STATED UNDER CLAUSE 5.0 (REQUIREMENT OF TENDERERS) OFINSTRUCTION TO TENDERERS.b) CERTIFICATE FROM THE END USER FOR OFFERED ENGINE GENERATING SET ASEVIDENCE OF PROVEN-NESS AS STATED UNDER CLAUSE 3.3.1 OF TECHNICALREQUIREMENT, VOL 2 OF 3 OF TENDER DOCUMENT.c) TENDER VALIDITY AS STATED UNDER CLAUSE 3.0 OF INSTRUCTION TOTENDERES.d) TENDER SECURITY & VALIDITY [180+28=208 DAYS] OF TENDER SECURITY ASSTATED UNDER CLAUSE 27.0 OF INSTRUCTION TO TENDERERS OF TENDERDOCUMENT.e) TENDER PROPOSING THE POWER PLANT HAVING NET OUTPUT NOT LESS THAN85 MW AT SITE CONDITION OF 350 C, 1.013 BAR & 98% RH (RELATIVEHUMIDITY) AS STATED UNDER CLAUSE 25.0 OF INSTRUCTION TO TENDERERSOF TENDER DOCUMENT.f) ALL DATA TO BE FURNISHED WITH TECHNICAL PROPOSAL AS STATED INGUARANTEE SCHEDULE-A, VOL 3 OF 3 OF TENDER DOCUMENT.g) DEVIATION FROM PAYMENET SCHEDULE AS STATED IN G.C. CLAUSE 61.0, VOL 1OF 3 OF TENDER DOCUMENT.h) IN CASE OF JOINT VENTURE, CONSORTIUM OR ASSOCIATION, JOINT VENTUREAGREEMENT AS STATED UNDER CLAUSE 5.0 (REQUIREMENT OF TENDERERS) OFINSTRUCTION TO TENDERERS. IS TO BE SUBMITTED.i) COMPLETION PERIOD AS STATED UNDER CLAUSE 25.0 OF INSTRUCTION TOTENDERES.j) AUTHORIZATION LETTER FROM THE MANUFACTURER OF MAIN EQUIPMENTS VIZENGINE GENERATING SET, STEP-UP TRANSFORMER AND HV CIRCUIT BREAKERAS STATED UNDER CLAUSE 12.0, XXI) OF INSTRUCTION TO TENDERERS OFTENDER DOCUMENT.k) CAPACITY OF INDIVIDUAL UNIT AS STATED UNDER CLAUSE 1.0, OFINSTRUCTION TO TENDERERS OF TENDER DOCUMENT.l) COMPLIENCE OF ENVIRONMENTAL STANDARD (EFFLUENT & EMISSIONSTANDARD, NOISE LEVEL ETC.)11


1.0 INVITATIONIn accordance with the Invitation <strong>for</strong> Tender, Bangladesh Power DevelopmentBoard will receive the sealed Proposals submitted as specified in Tender Documents<strong>for</strong> the design, manufacture, inspection, testing, delivery to the Site, installation,testing & commissioning, per<strong>for</strong>mance test and related civil and building worksincluding necessary auxiliaries and ancillaries on Turnkey basis of 100 MW±15%Power Plant Project (HFO fired Engine Generating Sets) [capacity of each unit(identical) not less than 5 MW] in Gopalganj, having net output of 100 MW±15%at Site conditions of 35°C, 1.013 bar, 98% R.H. and two (2) years warranty periodalong with LTSA <strong>for</strong> next four(4) years under Government Of Bangladesh Financing.Be<strong>for</strong>e submission of proposal, Tenderers are requested to consider and examinethe transportation of heavy equipment from the sea port to the project site.2.0 SUBMISSION OF PROPOSALThis Tender is invited in Open Tendering Method. The Tenderers shall have tosubmit the Technical proposal and Financial proposal in one envelops in accordancewith the requirements of the Tender <strong>document</strong> including addenda (If any).The Technical & Financial Proposals shall be submitted by the Tenderer in thesealed envelope marked <strong>for</strong> ".Gopalganj 100 MW±15% Power Plant (HFO firedEngine Generating Sets) Project". The original and six copies of the TechnicalProposal and the original and six copies of Financial Proposal shall be submittedwithin the date and time as mentioned in the <strong>tender</strong> notice in the followingmanner:Specimen <strong>for</strong>m of the Proposals [Form of Tender] are furnished in Appendix- 2.The original and six copies of the Proposals shall be addressed and submitted to:Secretary,Bangladesh Power Development Board.WAPDA Building (1 st floor)Motijheel Commercial Area,DhaKa-1000, BangladeshThe Proposals shall be submitted preferably by hand on or be<strong>for</strong>e the closing dateand time. The Proposals shall be submitted in sealed envelopes bearing the aboveaddresses and clearly labeled to show the name of the Tenderer.The original and all copies of the Tender shall be typed or written in indelible inkand shall be sealed & signed by the Tenderer or a person or persons dulyauthorised to bind the Tenderer to the Contract. The letter of authorisation shall beindicated by the written Power-of–Attorney accompanying the Tender. The personor persons signing the Tender shall initial all pages of the Tender. The Tender shallcontain no inter-lineations, erasures or overwriting except as necessary to correcterrors made by the Tenderer, in which case such corrections shall be initialled bythe person or persons signing the Tender.The Tender Document comprise the following parts:12


a) Volume 1 Chapter 1: Instruction to TenderersChapter 2: General ConditionsChapter 3: Special Conditionsb) Volume 2 Technical Requirementsc) Volume 3 Technical Particulars [Schedules & Data Sheets]The Tenderer shall also submit one set of Tender Documents sealed & signed bythe authorised person.The Tenderer shall bear all costs associated with the preparation and submission ofits Tender and site visit. Board will in no case be responsible or liable <strong>for</strong> thosecosts.3.0 TENDER VALIDITYEach Proposal shall be irrevocable and cannot be altered, withdrawn, orresubmitted <strong>for</strong> a period of 180 calendar days after the date set <strong>for</strong> submission ofProposals.In exceptional circumstances, prior to the expiration of the Tender validity period,<strong>BPDB</strong> may solicit the Tenderers’ consent to an extension of the period of validity oftheir Tenders. The request and the responses shall be made in writing. The TenderSecurity provided under ITT Clause 27.0 shall also be suitably extended promptly.If a Tenderer does not respond or refuses the request it shall not <strong>for</strong>feit its TenderSecurity, but its Tender shall no longer be considered in the evaluationproceedings. A Tenderer agreeing to the request will not be required or permittedto modify its Tender.4.0 ACCEPTANCE OF PROPOSALThe Board reserves the right to waive minor irregularities and in<strong>for</strong>malities in anyProposals submitted, reject any or all Proposals without assigning any reason andaward the Contract to one which, in his judgement, is the best.5.0 REQUIRMENTS FOR TENDERERSTenders will only be considered from internationally/local reputed firms orconsortia, who are actually engaged and experienced in the lines of work describedherein, and who are capable of undertaking the design, manufacture, inspection,testing, delivery to the Site, installations, commissioning, per<strong>for</strong>mance test, relatedcivil and building work and overall management of the project on turnkey basis.Evidence of actually engaged and experienced in the line of work described hereinshall be furnished with the Tender.A Tenderer who is not a manufacturer shall provide a “Letter of Authorization” fromthe manufacturer concerned, certifying that he has been authorized to offer theequipment in <strong>tender</strong> on behalf of the manufacturer. If the manufacturer of anyoffered equipment/ machinery is not the designer of the same, then Tenderer musthave to submit collaboration/ licensee agreement.13


In case of International firm or consortia, the Tenderer shall have the experienceoutside the <strong>tender</strong>er's country of supply, erection, installation, testing andcommissioning of Power Stations/Plants (Liquid fuel fired Engine Generating Sets)on Turnkey basis (any number of units) having capacities not less than 50 MWduring last 10 (ten) years or Power Stations/Plants (Liquid fuel fired EngineGenerating Sets) on Turnkey basis having capacities not less than 100 MWproject, (any number of units)] in his own country. In support of his experience,the Tenderer shall submit with his Tender <strong>for</strong> all work per<strong>for</strong>med by him, detailedevidence that the Tenderer himself and/or his associate have carried out thedesign, manufacture, supply, construction, erection, testing, commissioning and putinto commercial operation of Power Plants (Liquid fuel fired fired) having capacityas stated above. It is to be noted that Subcontractors' experience and resourceswill not be taken into account in determining the Tenderer's complience with thequalifying criteria. Such <strong>power</strong> plants with capacity as stated above shall be incontinuous commercial operation <strong>for</strong> minimum two (2) years.The Tenderer shall submit at least one certificate outside Tenderer'scountry from the end users on two years satisfactory per<strong>for</strong>mance of theplant with liquid fuel fired Engine Generating Sets and capacity not lessthan 50 MW overseas or 100 MW plant within his own country whichwas designed, supplied, constructed, tested & commissioned by theTenderer to establish the Tenderer's minimum required experience toTender. This certificate shall mention the name of <strong>power</strong> plant, number ofunits, capacity and commissioning date of the <strong>power</strong> plant (make, model)supplied by the Tenderer, issue date, name and address(telephone/fax/e-mail) of the end user duly signed in the official pad.Certificates furnished by the Tenderer in the Tender proposal shall havethe in<strong>for</strong>mation as stated above without such certificate, the Tender shallbe considered technically non-responsive. These certificates must benotarized or have authentication from the Chamber of Commerce of theTenderer's country or the Embassy/High commission of the end user’scountry situated in Dhaka. In absence of that in Dhaka, authenticationfrom bidder’s Embassy/High Commission.In case of local firm or consortia, the Tenderer shall have the experience of supply,erection, installation, testing and commissioning of Power Stations/Plants (Liquidfuel fired fired Engine Generating Sets) on Turnkey basis (any number of units)having capacities of not less than 25 MW during last 10 (ten) years. In support ofhis experience, the Tenderer shall submit with his Tender <strong>for</strong> all work per<strong>for</strong>med byhim, detailed evidence that the Tenderer himself and/or his associate have carriedout the design, manufacture, supply, construction, erection, testing, commissioningand put into commercial operation of Power Stations/Plants (Liquid fuel fired firedEngine Generating Sets) having capacity of of not less than 25 MW. It is to benoted that Subcontractors' experience and resources will not be taken into accountin determining the Tenderer's complience with the qualifying criteria. Such <strong>power</strong>plants shall be in continuous commercial operation <strong>for</strong> minimum two (2) years.The Tenderer shall submit at least one certificate from the end users ontwo years satisfactory per<strong>for</strong>mance of the plant (with liquid fuel firedEngine Generating Sets and capacity not less than 25 MW which wasdesigned, supplied, constructed, tested & commissioned by the Tenderer14


to establish the Tenderer's minimum required experience to Tender. Thiscertificate shall mention the name of <strong>power</strong> plant, number of units,capacity and commissioning date of the <strong>power</strong> plant (make, model)supplied by the Tenderer, issue date, name and address(telephone/fax/e-mail) of the end user duly signed in the official pad.Certificates furnished by the Tenderer in the Tender proposal shall havethe in<strong>for</strong>mation as stated above without such certificate, the Tender shallbe considered technically non-responsive. These certificates must benotarized or have authentication from the Chamber of Commerce.In case of joint venture, consortium or association, the lead partner shall havenecessary experience applicable <strong>for</strong> overseas and local <strong>tender</strong>er respectably asstated and all the partners shall be jointly and severally liable <strong>for</strong> execution of theContract.The Tenderer must demonstrate average annual turnover of at least US$ 40 millionequivalent as total certified payments received <strong>for</strong> contracts or work in progress orcompleted works within the last five years. In case of JVCA, total average annualturnover of JVCA partners should be at least US$ 40 million within the last fiveyears. In case of local <strong>tender</strong>er the amount will be US$ 20 million.If the Tenderer is a JVCA, it must submit a copy of the JVCA Agreement. Therespective <strong>document</strong> shall be signed by all legally authorized signatories of all theparties to the JVCA.Tenders submitted by a JVCA shall comply with the following requirements:(a) the Tender shall be signed so as to be legally binding on all partners;(b) all partners shall be jointly and severally liable <strong>for</strong> the execution of theContract in accordance with the Contract terms;(c) one of the partners will be nominated as being Lead partner (having notless than 51% stake in the JVCA), authorized to incur liabilities, and receiveinstructions <strong>for</strong> and on behalf of any and all partners of the joint venture;and(d) the execution of the entire Contract, including payment, shall be doneexclusively with the Lead partner;(e) the composition or the constitution of the joint venture, consortium, orassociation shall not be altered without the prior consent of the BOARD.(f) the Tender security of a JVCA shall be in the name of JVCA that submit theTender.6.0 REQUEST FOR INFORMATIONIf any party contemplating the submission of the Proposal <strong>for</strong> the Work be in doubtas to the true meaning of any part of the Drawings, Technical Requirements or anyother part of the Tender Documents shall be made by letter, Fax or Internet and tobe received not later than 15 (fifteen) days be<strong>for</strong>e Tender closing and addressed asfollows:Secretary,15


Bangladesh Power Development Board.WAPDA Building, (1 st floor)Motijheel Commercial Area,Dhaka-1000,Bangladesh.Fax # 880-2-9564765E-mail: chbpdb@bol-online.com7.0 INTERPRETATION OF SPECIFICATION AND ADDENDAThe Engineer, on behalf of the Board, will explain the true meaning of the TenderDocuments. If requested by the prospective <strong>tender</strong>ers , and deemedaccommodative to the <strong>tender</strong>ing process, a pre-bid meeting may be arranged notlater than 15 (fifteen) days prior to the Tender closing date. But any interpretationof, or change in, the Tender Documents prior to the closing date set <strong>for</strong>th hereinwill be made only by an addendum issued by the Secretary to each prospectiveTenderer and which shall become part of the Tender Documents. No otherinterpretation or explanation shall be valid. The Tenderer submitting the requestshall be responsible <strong>for</strong> its prompt delivery. The Engineer will not be responsible<strong>for</strong> any other explanation or interpretation of the Tender Documents.8.0 SITE VISITEach Tenderer be<strong>for</strong>e submitting <strong>tender</strong> shall carefully examine the TenderDocuments and shall visit the Site to acquaint himself with, and determine theexisting conditions and limitations. The Tenderer shall thoroughly in<strong>for</strong>m himself ofall conditions and factors which would affect the prosecution and completion of theWork, including, but not be limited to, condition of the land, soil condition, waterquality, the availability and cost of labour, applicable laws and regulations andfacilities <strong>for</strong> transportation, handling and storage of materials and equipment andlimitation of working days due to monsoon.It must be understood and agreed that such factors have been properlyinvestigated and considered in the preparation of the Proposal submitted. Noclaims <strong>for</strong> financial and time adjustment to the Contract awarded <strong>for</strong> the Workunder these Specifications and Documents will be permitted by the Board/Engineerwhich are based on the lack of such prior in<strong>for</strong>mation or its affect on the cost of thework and its completion time.9.0 DEPARTURES FROM SPECIFICATIONSTenderers shall base their Proposals on the Tender requirement. However, if theyso desire, they may also submit alternate Proposals on equipment which departsfrom these requirement and which would, in the opinion of the Tenderer, be ofbenefit to the Board. The Tenderer shall state in detail the departures which hedeems advisable, and how they will be of benefit to the Board. Alternate Proposalsshall be accompanied by drawings showing the suggested layout andarrangements. Alternative proposal shall be a separate complete proposal withcomplete set of drawings, catalogues, manual, etc. without any reference to themain Proposal. Alternate proposal of only technically responsive lowest evaluatedTenderer shall be considered.16


10.0 INFORMATION TO BE SUPPLIED WITH THE PROPOSALSTenderers shall supply sufficient details to permit complete evaluation of all aspectsof the Proposals. Tenderers are requested not to put any clause of their own i.e.anything outside this Tender Document.The drawing showing the location and the layout recommended by the Tenderershall also be submitted along with the Proposal. Proposals shall be in English andexecuted on the Tender Forms, annexed hereto, <strong>for</strong> that purpose. All the TenderForms shall be completely and legibly filled in and all in<strong>for</strong>mation asked <strong>for</strong> in theTender Documents shall be furnished.11.0 TIME SCHEDULEThe Construction Schedule in the Tender Documents <strong>for</strong> per<strong>for</strong>ming the specifiedwork will be a basic consideration of the Contract. The construction scheduleshows the period in calendar days <strong>for</strong> completion of the Power Plant as desired bythe Board and the estimated equipment delivery and erection time that will berequired to meet this period <strong>for</strong> completion.The Tenderer shall furnish with his Proposal, Time Schedule showing the respectivetimes <strong>for</strong> manufacture, shipment from shop to the Site, erection, preliminarytesting, trial operation and per<strong>for</strong>mance testing <strong>for</strong> complete Power Plant includedin his Proposal.12.0 TECHNICAL PROPOSALTenderer must give complete in<strong>for</strong>mation and per<strong>for</strong>mance data on the equipmentoffered, including the followings:i) Manufacturer's in<strong>for</strong>mation of all equipment including construction details,materials and special features.ii)iii)iv)Drawings in plan and elevation of the complete <strong>power</strong> station, fuel tanks,switchyard, <strong>power</strong> cable route and supporting equipment showingarrangement of equipment, overall dimensions and details of construction.Design criteria <strong>for</strong> structures and foundations.Schematic diagrams of the following systems (among others) showingdesign flows, pressures, temperatures, line sizes, valves, strainers, controlsand equipment.- Fuel supply system including unloading, storage, cleaning andheating.- Air intake and Exhaust system- Steam Generating System17


- Cooling system.- Water treatment & supply and Fire fighting system.- Lube oil system.- Effluent Treatment Systemv) Electrical schematic diagrams of the following.- Generator protection system.- Fuel control systems.- Generator excitation system.- All HV, MV and LV System- All instruments and controls of the plant.vi)vii)viii)ix)Electrical single line diagram showing all equipment, ratings, current andpotential trans<strong>for</strong>mer ratios, metering and relaying.Project schedule in bar chart <strong>for</strong>m as well as Critical Path Method.Description of training program including curriculum and training aids.List of recommended spare parts including description, quantity, unit cost,total cost <strong>for</strong> each item, and total cost <strong>for</strong> all items.x) A list and description of similar projects which the Tenderer has successfullycompleted.xi)xii)xiii)xiv)xv)xvi)xvii)xviii)Description of expatriate camp facilities (if any).Capacities, numbers and mobilisation schedule of construction equipment.Man<strong>power</strong> mobilization schedule.List of sources, quantities and unit costs of construction materials.Local material delivery schedule.Description of Site Laboratory facilities during construction (if any).Description of proposed method of transportation and unloading ofequipment at the Site.De-rating curves of <strong>power</strong> output and fuel consumption VS ambienttemperature, ambient pressure, humidity etc.18


xix)xx)xxi)A list of plant equipment, material etc. which the contractor intend to reexportor sale in Bangladesh after the completion of the contract.A list of special tools and equipment <strong>for</strong> maintenance and overhauling of themachine/equipment to be handed over to Board.Authorization Certificates from the manufacturers of main equipment andtype test report (where applicable) viz Engine Generating Set, Step upTrans<strong>for</strong>mers, HV Circuit Breakers etc. that they will supply theirmachine/equipment to <strong>BPDB</strong> through the <strong>tender</strong>er <strong>for</strong> this project, in theevent the <strong>tender</strong>er concerned is not the manufacturer of the same.13.0 TENDER CURRENCIESThe prices shall be quoted in the following currencies :a) The prices <strong>for</strong> the Goods and Services which the Tenderer will supply fromoutside Bangladesh shall be quoted in U.S. Dollars or Euro, which isconvertible to Bangladesh Taka.b) The prices <strong>for</strong> the Goods and Services which the Tenderer will supply fromwithin Bangladesh shall be quoted in Bangladesh Taka.14.0 FINANCIAL PROPOSALThe Tenderer shall fill in the Price Schedule and shall quote a firm turnkeycontract price including LTSA <strong>for</strong> the Power Plant as described in the TechnicalRequirements including all required spare parts and consumables during Warrantyperiod. No additional cost will be considered <strong>for</strong> any items/works of the Tender<strong>document</strong>s which the Tenderer/Contractor has overlooked but the essential <strong>for</strong> thefull completion of the project in every respects. Prices quoted shall be firm <strong>for</strong> aperiod of 180 Calendar days from the closing date <strong>for</strong> receipt of Proposals and bevalid <strong>for</strong> the entire period of the Contract execution. The total prices shall bequoted both in figures and words.No escalation or addition of price whatsoever in the firm proposal pricetill the successful completion of the Power Plant is allowed.Price Proposals determined to be substantially responsive will be checked byTEC/Board <strong>for</strong> any arithmetic errors. Arithmetic errors will be rectified on thefollowing basis. If there is a discrepancy between the unit rate and the total costthat is obtained by multiplying the unit rate and quantity, the unit rate shall prevailand the total cost will be corrected. If there is a discrepancy between the totalTender amount and the sum of total costs, the sum of the total costs shall prevailand the total Tender amount will be corrected. If there is a discrepancy betweenword and figure, the amount quoted in word will prevail. If the Tenderer doesnot accept correction of arithmetic errors, his <strong>tender</strong> shall be rejected.The Tenderer shall quote a price against each item in the Price Schedule(Annexure-3). Unit prices furnished by the Tenderers in the Price Schedule will beused in determining the value of Variation Orders, if any.19


The prices quoted shall be deemed to include all direct, Indirect and ancillarycharges and costs, including <strong>for</strong> example, Export Credit Insurance Premiums. TheBoard will be under no obligation to the Contractor <strong>for</strong> and will not be liable to payto the Contractor any additional sums other than as expressly provided <strong>for</strong> underthe Contract.The prices submitted by the Tenderer in the Price Schedule shall include all theworks to be per<strong>for</strong>med under the Contract and without limitation shall include thecost of accommodation, transporting all his construction equipment, men, materialsand supplies to, from and at the Site.TENDERER'S QUOTED PRICE MUST INCLUDE ALL THE ITEMS AND QUANTITIESAS STIPULATED IN TENDER DOCUMENT INCLUDING SPARES & SERVICES FOR LONGTERM SERVICE AGRREMENT (LTSA) AS PER SCHEDULE-F, VOL. 3 OF 3 OF TENDERDOCUMENT; OTHERWISE TENDER SHALL BE REJECTED.Proposal of pricing to be made by the Tenderers shall be made in <strong>for</strong>eigncurrency with respect to the equipment, machinery, materials andservices to be acquired from all eligible countries other than Bangladeshand in Bangladesh Taka with respect to the equipment and services to beacquired/hired from sources in Bangladesh.The Tenderers shall furnish the break-up of the price in the following manner <strong>for</strong>effecting progress payments.i) CIF prices on job-site basis <strong>for</strong> the equipment and materials furnished <strong>for</strong>the Works shall consist of design, manufacture, factory testing, exportpacking, transportation from manufacturer's shop to the port of loading,ocean freight, heavy lift charges incurred by the vessel, fees, charges etc,inland transportation Including unloading at the port of destination andmovement to the project storage area, warehouse to warehouse insurance,checking and verifying all shipments received against shipping <strong>document</strong>s,issuing, receiving and damage reports. Customs duty and other chargeslevied by Bangladesh Customs and Port Authorities <strong>for</strong> the permanentmaterials/ goods of the Project will be paid by the Board.ii)iii)iv)Prices <strong>for</strong> installation and commissioning of the equipment and materials atthe Site. Such prices shall include handling from site storage to point finalinstallation, construction, erection and installation including insurance, localpurchased materials, inspection, initial start-up, trial operation, training ofthe Board's personnel in operation, per<strong>for</strong>mance test and responsibility <strong>for</strong>operation and maintenance of equipment/ machinery until acceptance bythe Board. The cost of local purchase and transportation of any Bangladeshmanufactured equipment/ machinery and materials shall also be includedunder this category.Prices of essential spare parts & consumables shall be quoted in accordancewith ITT Clause 24.0.Prices <strong>for</strong> the training of the Board's personnel at the manufacturer's factoryshall include cost required <strong>for</strong> the Contractor at manufacturer's factory plusthe required expenditure <strong>for</strong> the Board's personnel during the training.20


v) The Tenderer may submit cost saving proposal (optional) with thefinanancial offer, but this will not be considered in the evaluation, as theevaluation will be done on the basis of <strong>tender</strong> requirement. However, if theTenderer's offer found to be lowest at the evaluation, then this cost savingproposal may be considered during negotiation.15.0 DEVIATION IN PAYMENT SCHEDULETenderer shall state their Tender price <strong>for</strong> the payment schedule outlined in theGeneral Conditions of Contract. Tenders will be evaluated on the basis of this baseprice. Tenderers are, however, permitted to state additionally an alternativepayment schedule and indicate the reduction in Tender price they wish to offer <strong>for</strong>such alternative payment schedule. The employer may or may not consider thealternative payment schedule offered by the selected Tenderer.16.0 CONDITIONS OF CONTRACTTenderers are advised that the Contractor will be required to function withinGeneral Conditions and Special Conditions as stipulated in the Tender Documentwhich will <strong>for</strong>m part of the Contract Documents.17.0 SOURCE OF FINANCEThe Government of the People's Republic of Bangladesh is expected to allocate orto receive <strong>for</strong>eign financing <strong>for</strong> the necessary fund in <strong>for</strong>eign exchange and inBangladeshi Taka towards the cost of the project and it is intended that theproceeds of the fund will be applied <strong>for</strong> eligible payments under the contract.18.0 CURRENCY OF PAYMENTSCurrency of payments to be made to the Contractor shall be in US dollar/Euro andin Bangladesh Taka which have been described in the General Conditions of theContract Document.19.0 LANGUAGE, UNITS AND DIMENSIONSThe Proposal and data shall be in English, and all dimensions in SI unit and/ormetric unit system.20.0 VOLUNTARY CLARIFICATION / AMENDMENT AFTER CLOSING OF TENDERThe Tenderer must note that voluntary clarification or amendment or correction ofany sort, after closing of Tender, shall not be entertained by the Board. Any suchcommunication, if received by the Board / Engineer, will be completely ignored.21.0 BANGLADESH REGULATIONSThe Tender Documents contain references to certain Government of Bangladeshdecrees. Tenderer must acquaint themselves on Bangladesh laws & regulations andshall observe & comply on the same.21


These are provided <strong>for</strong> the convenience of the Tenderer and there is no expressedor implied warranty of their validity.The Tenderers will be deemed to have a satisfactory understanding of theBangladesh Laws, Rules & Regulations on goods and materials as applying to allshipments under this Contract.22.0 QUALITY ASSURANCEThe Proposal shall include copies of the Tenderer's "Quality Certification Manual'and a comprehensive statement of the "Scope of Quality Verification" exercised inexecuting existing contracts.Sufficient in<strong>for</strong>mation shall be provided in the Proposal to give assurance that therequirements of quality as described in the Special Conditions are fully understood.23.0 USE OF BANGLADESH MATERIALSThe Tenderers are required to use, wherever possible, equipment, tools, materialsand products manufactured in Bangladesh when available, provided that such itemsshall con<strong>for</strong>m to the applicable specifications.24.0 SPARE PARTSSpares during Warrantee periodThe Contractor shall submit a list of Essential spare parts with OEM Part No. andconsumables to be necessary <strong>for</strong> maintenance of the unit(s) and other plantequipment inclusive of emergency use that takes place in the course of operation(according to the Manufacture's recommendation and guideline) during theWarranty period (24 months). During the warranty period of 24 months, theContractor shall supply all necessary equipment, spare parts,materials/consumables etc. at his own cost and whether it is listed or not in theirlist.Spares during Long Term Service agreement (LTSA)The Tenderer shall, in addition to essential spare parts and consumables <strong>for</strong>warrantee period also submit a list of spare parts with OEM pat no. <strong>for</strong> LTSA period(next 4 years after warrantee period) which reflects the OEM's guidelines andTenderer's experience in the operation and maintenance of the type of equipmentproposed. For LTSA period also the Contractor shall supply all necessaryequipment, spare parts, materials/consumables etc. at his own cost and whether itis listed or not in their list.25.0 EVALUATIONThe Technical & Financial Proposals submitted by the Tenderers shall be openedfirst in presence of the Tenderers, if any. The technical qualifications and overallcapability of the Tenderer <strong>for</strong> carrying out the Works as specified as well as the22


Specifications of the equipment/materials offered and fulfilment of key dates shallbe the essence <strong>for</strong> selection of qualified <strong>tender</strong>ers.Total time from Contract Effective Dateto Completion of ICO of the unit- Shall not exceed 450 daysGuarantee data have to be furnished with technical proposal as stated in guaranteeschedule-A, vol. 3 of 3 of <strong>tender</strong> <strong>document</strong>. The Tender shall be rejected if theTenderers do not comply this requirement.Data given by the Tenderer which significantly affect the result of evaluation shallbe included in the Contract as requirements to be guaranteed and will be subject toverification at the cost of the Tenderer and to the satisfaction of the BOARD.Proposal which offers less than 85 MW capacity (Net output at site condition) ofPower Plant as specified in Technical Requirements will not be accepted. ExcessNet output more than 115 MW at site conditions shall not be considered <strong>for</strong>evaluation of per KW cost stated hereunder.The evaluation will take into account both Tender Price and annual operating &maintenance cost. Initial cost of the proposals shall be determined by bringing thescope of works of all the proposals to a common basis (loading of omitted itemsprice from the highest quoted price of other Tenderer). The BOARD reserves theright to judge the reasonableness of the cost components quoted by the Tendererswith regard to maintenance cost per year and overhaul cost as enumerated below:Financial Analysis:(i) The evaluation of the proposal would be done by Financial analysis method taking intoaccount the following.a) First/ Initial cost.b) Annual operating and maintenance cost of the plantc) Fuel costd) Step-up trans<strong>for</strong>mer losses (no load and load loss)e) Commissioning timeFor the purpose of evaluation all costs shall be based on current prices asof the date of the Tender closing.(ii) Monetization <strong>for</strong> early or late commissioning: Not applicable(iii) Basis of Financial analysis:For the purpose of Financial analysis, the following data would be considered:a. Plant life - 15 yearsb. Plant will operate on HFOc. plant will operate at 30% Plant factor23


d. Cost of HFO = Tk 26.00 per Litere. Heat rate to be used <strong>for</strong> weighted average of 50%, 75% and 100 % loadunder Site ConditionSo H = H 100% x 0.8 + H 75% x 0.1 + H 50% x 0.1 KJ per Kwhf. Operation and Maintenance cost, O p = Tk 0.50 per kWh + Lub oil consumptioncost per kWhg. Discount rate on capital investment - 15%(iv)Example of Financial Analysis:(1) Po = Total Net generated output at low voltage side of step-up trans<strong>for</strong>mer atSite Condition in kWEP 0 = Annual generated energy at low voltage side of step-up trans<strong>for</strong>mer in Kwh= P 0 x 24 x 365 x 0.3 KwhH = Average weighted heat rate of generating unit(100%, 75% and 50% load at Site Condition) in KJ / kWH= H 100% x 0.8+ H 75% x 0.1 + H 50% x 0.1 KJ per KwhHc = Annual heat consumption= H x EP 0 in KJFuel Calorific Value (LHV) of HFO fc = 40,450 kJ/litAnnual fuel consumption =H c / f c , Liter = F aF AC = Annual fuel cost = Tk 26.00 × F aCa = Annual operating and maintenance cost = O p x EP 0(2) A= First cost including the cost of essential spares as described in the TenderDocuments, converted into Taka by applying the Exchange Rate as specified.(3) d = Discount rate= 15% per annum(4) D= Estimated weighted days <strong>for</strong> completion of the <strong>power</strong> plant= 450 days(5) C T = Capitalised cost of trans<strong>for</strong>mer loss= [(1+r) n –1] × t × e (P 0 +0.35 P FL )r (1+r) nwhere, C T = Capitalised cost of trans<strong>for</strong>mer loss in Bangladesh Takar = Discount rate, 15%n = Years of service life,15 yearst = Operating hours in a year, 8760 hourse = Cost of energy, Taka 2.38 per KwhP 0 = No load loss in KWP FL = Full load loss at ONAF condition in KWL.F. (Load Factor) = 0.3524


(vi) Am = First cost in Taka= A + C TThe evaluated total cost of the <strong>power</strong> plant, Te is calculated as shown in Table:1 below.Finally the evaluated cost of the <strong>power</strong> plant in Taka/kW will be found out bydividing Te by the net plant capacity, Po in kW at Site conditions. This is T. The<strong>tender</strong>er whose T value is the lowest will be adjudged the lowest <strong>tender</strong>er.Table.1 :YearInTakaFirst CostIn TakaEnergyGeneratedIn TakaFuelCostIn TakaO&M Costper yearIn TakaDiscounted Totalcost per YearIn Taka1. AmEP 0 Fac Ca (Am+Fac+Ca)/(1+d)2. EP 0 Fac Ca (Fac+Ca)/(1+d) 23. EP 0 Fac Ca (Fac+Ca)/(1+d) 34. EP 0 Fac Ca (Fac+Ca)/(1+d) 45. EP 0 Fac Ca (Fac+Ca)/(1+d) 56. EP 0 Fac Ca (Fac+Ca)/(1+d) 67. EP 0 Fac Ca (Fac+Ca)/(1+d) 78. EP 0 Fac Ca (Fac+Ca)/(1+d) 89. EP 0 Fac Ca (Fac+Ca)/(1+d) 910. EP 0 Fac Ca (Fac+Ca)/(1+d) 1011. EP 0 Fac Ca (Fac+Ca)/(1+d) 1112. EP 0 Fac Ca (Fac+Ca)/(1+d) 1213. EP 0 Fac Ca (Fac+Ca)/(1+d) 1314. EP 0 Fac Ca (Fac+Ca)/(1+d) 1415.EP 0 Fac Ca (Fac+Ca)/(1+d) 15Total : Te =26.0 EXCHANGE RATEFor comparison of Proposals, the Board shall convert all the currencies exceptingBangladesh currency quoted by the Tenderers into Bangladesh Taka. Such25


conversions shall be made on the basis of the selling rates <strong>for</strong> the relevantcurrencies quoted by the Sonali Bank on the date of Tender closing and applicableto similar transactions.27.0 TENDER SECURITYThe Technical & Financial Proposals shall be accompanied by a Tender Security inthe sum not less than US Dollar 300,000 (USD three hundred thousand) in the <strong>for</strong>mof an unconditional and irrevocable Bank Guarantee (on non-judicial stamp) by ascheduled bank in Bangladesh or a <strong>for</strong>eign bank authenticated by a Scheduled Bankin Bangladesh payable in favour of Secretary, Bangladesh Power DevelopmentBoard, WAPDA Building, Motijheel Commercial Area, Dhaka-1000, Bangladesh. SuchBank Guarantee shall remain valid <strong>for</strong> a period of twenty-eight [28] days beyondthe original validity period of Tender or beyond any period of extensionsubsequently requested under ITT Clause 3.0 days from the date of opening of theTender. If a Tenderer withdraws its Tender during the period of Tender validityspecified by the Tenderer on the Tender Form, the Tender Security shall be<strong>for</strong>feited. The scheduled bank shall guarantee that after conclusion of successfulcontract negotiation between the Board and the selected Tenderer and uponBoard's issuing notice of award of contract to the successful Tenderer giving himfifteen (15) day's notice to enter into contract with the Board within the abovenotice period. Otherwise the Security and the Bank Guarantee shall be liable to be<strong>for</strong>feited to the Board. Failure to enclose the Tender Security with the Proposalshall automatically disqualify the Proposal concerned. A Proposal with a TenderSecurity in an amount less than US $ 300,000 (USD three hundred thousand) willnot be considered and will be rejected. The Tender Securities of all theunsuccessful Tenderers will be returned without interest after the successfulTenderer has signed the contract and furnish the Per<strong>for</strong>mance Security. Specimen<strong>for</strong>m of the Tender Security is furnished in Appendix -1.28.O PERFORMANCE SECURITYThe Contract shall be accompanied by a Per<strong>for</strong>mance Security in the <strong>for</strong>m of anirrevocable & unconditional Bank Guarantee issued by a Scheduled Bank inBangladesh on behalf of the Contractor's banker. The Per<strong>for</strong>mance Security shallbe in a penal sum not less than ten percent (10%) of the accepted Tender,conditioned <strong>for</strong> the complete and faithful per<strong>for</strong>mance of the Contract according toits tenor and effect and the satisfaction of obligations <strong>for</strong> the materials used andlabour employed in the same, and shall insure the payment of any obligations,damages, liquidated damages or expenses <strong>for</strong> which the Contractor may becomeliable to the Board. The Contractor's Per<strong>for</strong>mance Security under thesespecifications shall remain in full <strong>for</strong>ce and effect until the Contractor has fullyper<strong>for</strong>med the Contract including the maintenance and warranty periods set <strong>for</strong>th inthe scope of works of the Technical Requirements. Unless a different period oftime is allowed in the Notice of Tender, the Contract shall be signed by thesuccessful <strong>tender</strong>er within twenty eight (28) days after receipt of notice of award.The specimen of Per<strong>for</strong>mance Security is furnished at Annexure-5.At the time of executing the Contract, the Tender Security shall be returned withoutinterest to the Contractor after he has furnished to the satisfaction of the Board thePer<strong>for</strong>mance Security in accordance with the terms and conditions stipulated herein26


the contract conditions. The Per<strong>for</strong>mance Security shall remain valid untilcompletion of warranty period.The proceeds of the Per<strong>for</strong>mance Security shall be payable to the Employerunconditionally upon first written demand as compensation <strong>for</strong> any loss resultingfrom the Contractor’s failure to complete its obligations under the Contract.The Employer shall notify the Contractor of any claim made against the Bankissuing the Per<strong>for</strong>mance Security.The Employer may claim against the security if any of the following events occurs<strong>for</strong> fourteen (14) days or more.(a) The Contractor is in breach of the Contract and the Employer has notified himthat he is; and[(b) The Contractor has not paid an amount due to the Employer.In the event the Contractor is liable to pay compensation under the Contractamounting to the full value of the Per<strong>for</strong>mance Security or more, the Employer may<strong>for</strong>feit the full amount of the Per<strong>for</strong>mance Security.If there is no reason to call the Per<strong>for</strong>mance Security, the Per<strong>for</strong>mance Securityshall be discharged by the Employer and returned to the Contractor not later thantwenty-eight (28) days following the date of completion of warranty period.29.0 NOTIFICATION OF AWARDFollowing the evaluation of the Proposals, the Board will issue a Notificaiton ofAward to enter into discussion with the successful Tenderer <strong>for</strong> the execution ofthe Works. Upon issuance of such Notificaiton of Award by the Board, thesuccessful Tenderer shall submit ten(10) copies of draft Contract and be deemedto be ready to start immediately the discussion with the Board so as to enter intothe Contract.The successful Tenderer have to, to submit acceptance ofNotification of Award in writing within seven (7) day's of issuence of Notificationof Award.30.0 CONTRACT AGREEMENTThe successful Tenderer shall, when called upon to do so, enter into and execute aContract Agreement in the <strong>for</strong>m furnished in Annexure-6, with such modificationsas may be necessary. The signing of the Contract by the Board and the successfulTenderer shall be made in Dhaka, Bangladesh.Five (5) originals of the Contract Agreement complete in all respects shall beprepared by the successful Tenderer on successful completion of discussion. Thesewill be handed over to the Poject Director <strong>for</strong> final scrutiny together withPer<strong>for</strong>mance Security and Power of Attorney. Upon clearance by the ProjectDirector, the successful Tenderer shall submit the Contract Documents to the Board<strong>for</strong> signing in Dhaka.After signing of the Contract, two (2) original Contract Documents will be<strong>for</strong>warded to the Contractor. The Contractor shall thereafter, but not later than 2127


days, prepare Fifteen (15) con<strong>for</strong>med copies of the final Contract Document andshall deliver to the Board through the Engineer.31.0 Corrupt, Fraudulent, Collusive or Coercive Practices:(1) The Government requires that Purchasers, as well as Tenderers and Suppliersshall observe the highest standard of ethics during the implementation ofprocurement proceedings and the execution of contracts under public funds.(2) In pursuance of this requirement, the Purchaser shall:(a) exclude the Tenderer from participation in the procurement proceedingsconcerned or reject a proposal <strong>for</strong> award; and(b) declare a Tenderer ineligible, either indefinitely or <strong>for</strong> a stated period oftime, from participation in procurement proceedings under public funds;if it, at any time, determines that the Tenderer has engaged in corrupt, fraudulent,collusive or coercive practices in competing <strong>for</strong>, or in executing, a contract underpublic funds.(3) Should any corrupt, fraudulent, collusive or coercive practice of any kind cometo the knowledge of the Purchaser, it shall, in the first place, allow the Tenderer toprovide an explanation and shall, take actions only when a satisfactory explanationis not received. Such exclusion and the reasons thereof, shall be recorded in therecord of the procurement proceedings and promptly communicated to theTenderer concerned. Any communications between the Tenderer and the Purchaserrelated to matters of alleged fraud or corruption shall be in writing.(4) The Government defines, <strong>for</strong> the purposes of this provision, the terms set <strong>for</strong>thbelow as follows:(a) “corrupt practice” means offering, giving, or promising to give, directly orindirectly, to any officer or employee of a Procuring Entity or othergovernmental/private authority or individual, a gratuity in any <strong>for</strong>m, anemployment, or any other thing or service of value, as an inducement withrespect to an act or decision of, or method followed by, a Procuring Entityin connection with the procurement proceeding;(b) “fraudulent practice” means a misrepresentation or omission of facts inorder to influence a procurement proceeding or the execution of a contractto the detriment of the Purchaser;(c) “collusive practice” means a scheme or arrangement among two or moreTenderers, with or without the knowledge of the Purchaser (prior to orafter Tender submission), designed to establish Tender prices at artificial,non-competitive levels and to deprive the Purchaser of the benefits of free,open and genuine competition; and(2) “coercive practice” means harming or threatening to harm, directly or indirectly,persons or their property to influence the procurement proceedings, or affect theexecution of a contract.32.0 Tenderer: Contacting the Purchaser:(1) Following the opening of the Tenders and until the Contract is signed noTenderer shall make any unsolicited communication to the Purchaser or try in anyway to influence the Purchaser’s examination and evaluation of the Tenders.28


(2) Any ef<strong>for</strong>t by a Tenderer to influence the Purchaser in its decisions on theexamination, evaluation, comparison, and post-qualification of the Tenders orContract award may result in the rejection of its Tender.(3) Notwithstanding above Sub Clause (1), from the time of Tender opening to thetime of Contract award, if any Tenderer wishes to contact the Purchaser on anymatter related to the <strong>tender</strong>ing process, it should do so in writing.33.0 Tenderer: Right to Complain:Any Tenderer has the right to complain [Annexure-7] if it has suffered or maysuffer loss or damage due to a breach of a duty imposed on the Purchaser by thePublic Procurement ACT 2006 (PPA) and Public Procurement Regulations 2008(PPR).29


APPENDIX-1FORM OF TENDER SECURITY(SPECIMEN)To :The SecretaryBangladesh Power Development BoardWAPDA BuildingMotijheel Commercial AreaDhaka-1000Subject : Tender SecurityWe the undersigned--------------------------------------------------------------------------whoseregistered office is established and located at--------------------------------------------------------financially guaranteed unconditionally & irrevocably Messrs --------------------------------------------------- Tender <strong>for</strong> the Turnkey Project (name of the project), to the amount of U.S.$ -------(U.S. Dollar only) <strong>for</strong> the due per<strong>for</strong>mance of the Tenderer's obligations as specified inthe said Tender Documents. We undertake to pay you the said amount at your firstdemand without warning or any restriction or other condition. The validity of this TenderSecurity shall remain valid upto -----------------------------2010 .If any further extension of this Tender Security is required, the same shall be extended tosuch required period on receiving instruction from the Board.All demand not presented to the Bank within the above mentioned validity period of thisSecurity shall be rejected.For and on behalf of :------------------------------------------(Bank)(Official Seal)30


APPENDIX-2FORM OF TENDER(SPECIMEN)SHORT DESCRIPTION OF WORKS:............................... Power Plant(Note : - Tenderers are required to fill up all the blankspaces in this Tender Form and Appendices).ToBangladesh Power Development BoardGENTLEMEN,Having examined the Conditions of Contract, Specifications, Drawings, Bill of Quantitiesand Addenda Nos. --- dated --- <strong>for</strong> above named works, and having been satisfied as toall conditions under which the above named works must be per<strong>for</strong>med, we theundersigned offer to design, manufacture, furnish, deliver to the Site, store at the Site,construct civil works, erect, start up, trial operation and put into initial commercialoperation, carry out Per<strong>for</strong>mance Tests, be responsible <strong>for</strong> two year's supervision ofmaintenance and operation, of the whole of the said works in con<strong>for</strong>mity with the saidConditions of Contract, Specifications, Bill of Quantities and Drawings etc., <strong>for</strong> the totalTender Price of Bangladesh Taka-------------------------------(TK---------------------------------)and Foreign Currency------------------------------------------------(convertible currency )2. Should this Tender be accepted by you, we propose to send a representative orrepresentatives having our Power of Attorney to Dhaka, Bangladesh within 10 daysfollowing receipt of your written acceptance of this Tender <strong>for</strong> the purpose of executinga Contract Agreement in the <strong>for</strong>m set out in the Contract Documents with suchalterations or additions thereto as you may require to adopt <strong>for</strong> such agreement to thecircumstances of this Tender.3. We undertake if our Tender is accepted to commence the Works within (30) days ofreceipt of the Board/Engineer orders to commence and complete all the Workspecified in the Contract Documents so that the unit is ready <strong>for</strong> initial commercialoperation from the date of the Board/Engineer's order to commence. schedule ofmanufacture, delivery, erection, commissioning and making ready <strong>for</strong> commercialoperation to achieve the a<strong>for</strong>esaid Initial commercial operation dates are given in theAppendix-4.31


4. If our Tender is accepted we will submit a Guarantee from a Scheduled Bank ofBangladesh <strong>for</strong> a sum of 10% (ten percent) of the contract price amount <strong>for</strong> the dueper<strong>for</strong>mance of the Contract under the terms of a Security to be approved by you.5. We agree that this Tender shall remain valid <strong>for</strong> a period of (180) days, following thedate fixed <strong>for</strong> receiving the same and it shall remain binding on us and may beaccepted by you at any time be<strong>for</strong>e the expiration of that period.6. Unless and until a <strong>for</strong>mal agreement is prepared and executed, this Tender, togetherwith your written acceptance thereof, shall constitute a binding Contract between us.7. We understand that you are not bound to accept the lowest or any <strong>tender</strong> you mayreceive and that you will not defray any expense incurred by us in <strong>tender</strong>ing.8. As security <strong>for</strong> the due per<strong>for</strong>mance <strong>for</strong> the undertakings and obligations of thisTender, we submit herewith the Tender Security in the amount of.............. drawn inyour favour or made payable to you and valid <strong>for</strong> (180+28) days from the dateestablished <strong>for</strong> opening of Tenders.9. We understand that all the Appendices attached hereto and those furnished with theTechnical proposal including data and in<strong>for</strong>mation submitted herewith <strong>for</strong>m part of thisTender.----------------------------------------------TENDERERdated---------------day of ---------------200932


Appendix-3Bill of Materials/Quantities&Price Schedule33


The Tenderer shall fill-up the following table of prices and shall include the same in the financial proposalSchedule-1Supply of Equipment:(Quantity of the lot as stated bellow will be dictated by the offered no. of units by the <strong>tender</strong>er and shall have to be adequate <strong>for</strong> the Gen.Sets offered. But it is to be taken into consideration that individual generating unit capacity will not be less than 5 MW.)Sl. No Item Name QtyA POWER GENERATIONForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate TotalA1 GENERATING SETA1.1A1.2A1.3A1.4ENGINEGENERATORBASE FRAME includingCommon base frame engine partCommon base frame generator partFastening equipment (set)ELASTIC MOUNTINGSteel springs (set)1 (one) lot.1 (one) lot1 (one) lot1 (one) lot34


Sl. No Item Name QtyA1.5COUPLINGFlexible couplingA1.6 CONNECTIONSFlexible connections between engine and externalpiping- Flexible hoses and gaskets (set)- Cooling water bellows (set)- Exhaust gas bellows- Charge air bellows compensatorA1.7 PLATFORMSEngine maintenance plat<strong>for</strong>m prefabricated1 (one) lot1 (one) lot1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate TotalA2 MECHANICAL AUXILIARY SYSTEMSA2.0 AUXILIARY MODULESEngine auxiliary module with integrated compactbooster including- Fuel oil filter- Fuel booster pump- Return fuel pump- Fuel oil cooler- Return fuel tank- Lubricating oil automatic filter- Lubricating oil cooler1 (one) lot35


Sl. No Item Name Qty- Pre lubricating oil pump- Pre heating unit- Thermostatic valve lubricating oil back-up cooler- Thermostatic valve high temperature water system- Thermostatic valve low temperature water system- Pressure increasing pump- Steam heater- Piping and insulation- Valves and gauges- Module control panelExhaust gas module- Low temperature expansion tank- Charge air silencer- Exhaust gas branch pipe- Piping and insulation- Oil mist separatorPipe rackA2.1 FUEL SYSTEMA2.1.1 LIGHT FUEL OIL SYSTEM includingLight fuel oil unloading pump unitLight fuel oil tankLight fuel oil tank equipmentLight fuel oil transfer pump unitLight fuel oil day tank (1x0.5 million liter)Light fuel oil day tank equipmentPiping and valves light fuel oil system inside engine1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate Total36


Sl. No Item Name QtyA2.1.2hallPiping and valves light fuel oil system outsideengine hallHEAVY FUEL OIL SYSTEM includingHeavy fuel oil unloading pump unitHeavy fuel oil storage tank (2x 5.0 million liter)Heavy fuel oil storage tank equipmentHeavy fuel oil transfer pump unitHeavy fuel oil storage tank suction heaterHeavy fuel oil buffer tankHeavy fuel oil buffer tank insulationHeavy fuel oil buffer tank equipmentHeavy fuel oil separator unit- Separator- Delivery pump- Strainer- Steam heater- Sludge tank- Sludge pump- Steel frame- Control panel- Interconnection pipes, flanges, seals and valvesHeavy fuel oil day tank (1x1.0 million liter)Heavy fuel oil day tank insulationHeavy fuel oil day tank equipmentHeavy / light fuel oil feeder unit- Heavy fuel oil feeder pump1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate Total37


Sl. No Item Name Qty- Light fuel oil feeder pump- Automatic filter- Manual by-pass filter- Viscosity control systemPiping and valves heavy fuel oil system insideengine hallHeavy fuel oil trace heating material inside enginehallHeavy fuel oil pipe insulation inside engine hallPiping and valves heavy fuel oil system outsideengine hallHeavy fuel oil trace heating material outside enginehallHeavy fuel oil pipe insulation outside engine hallA2.2 LUBRICATING OIL SYSTEM includingLubricating oil separator unitLubricating oil unloading pump unit: fresh oilLubricating oil storage tank: fresh oilEquipment <strong>for</strong> lubricating oil storage tank: fresh oilLubricating oil service tankLubricating oil service tank equipmentLubricating oil transfer pump unit (mobile)Lubricating oil transfer pump unit (stationary)Lubricating oil storage tank: used oilLubricating oil unloading pump unit: used oilEquipment <strong>for</strong> lubricating oil storage tank: used oilPiping and valves lubricating oil system inside1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate Total38


Sl. No Item Name Qtyengine hallLubricating oil system pipe insulation inside enginehallPiping and valves lubricating oil system outsideengine hallLubricating oil system pipe insulation outside enginehallA2.3 COMPRESSED AIR SYSTEM includingStarting air bottleStarting air compressor unit - doubleStarting air compressor unit - singleInstrument air compressor unitInstrument air bottlePiping and valves compressed air system (set)A2.4 COOLING SYSTEM includingCooling radiatorCooling radiator legs (set)Cooling radiator ladder and railingsMaintenance water tank unit (fresh water)Piping and valves maintenance water system (set)Piping and valves cooling system inside engine hallPiping and valves cooling system outside engine hallA2.5 CHARGE AIR SYSTEM includingCharge air filterDucting charge air system (set)A2.6 EXHAUST SYSTEM includingExhaust gas silencer1 (one) lot1 (one) lot1 (one) lot1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate Total39


Sl. No Item Name QtyBellows <strong>for</strong> exhaust gas silencerDucting exhaust gas system (set)Bellows <strong>for</strong> exhaust gas ductingInsulation exhaust gas ducting (set)Exhaust gas stack pipeA2.7 STATION SUPPORT SYSTEMA2.7.1 OILY WATER SYSTEM including1 (one) lotOily water transfer pump unitsOily water buffer tankOily water feed pump unitOily water treatment unitSludge tankSludge loading pump unitPiping and valves oily water treatment system (set)Sludge disposalA2.7.2 WATER TREATMENT SYSTEM including1 (one) lotWater treatment unitTreated water storage tankWater booster unitPiping and valves treated water system (set)A2.7.3 FIRE FIGHTING SYSTEM associated with the Engine 1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate TotalA2.8 HEAT RECOVERY SYSTEMA2.8.1 STEAM GENERATION SYSTEM 1 (one) lotSTEAM GENERATION SYSTEM FOR FUEL HEATINGincluding40


Sl. No Item Name QtyExhaust gas boiler- Inlet and outlet hoods with inspection doors- Modulating exhaust gas by-pass damper withactuator- Manual steam soot blowing equipment- Shut-off valves- Blow-down drain- Safety valve- Relief valve- Pressure switchesLevel switches- Level control device- Insulation and cladding- Counter flanges, bots, nuts and gaskets- Mounting supports- Boiler service plat<strong>for</strong>mBellows <strong>for</strong> exhaust gas boilerHeat recovery container- Feed water tank- Feed water pump- Chemical dosing unit- Blow-down tank- Local control panel- Light fuel oil fired boiler <strong>for</strong> steam generation- Oil detectorSteam headerBoiler washing water tankForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate Total41


Sl. No Item Name QtyBoiler washing water pumpPiping, valves and insulation <strong>for</strong> steam generationsystem <strong>for</strong> fuel heating (set)A2.9 Other miscellaneous System/equipment/materials<strong>for</strong> mechanical auxiliary system1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate TotalA3 EMERGENCY DIESEL GENERATOR (EDG)A3.1 EMERGENCY DIESEL GENERATING SET (not lessthan 250 kW) complete in all respect including allauxiliaries and ancillary systems.1 (one) lotA4 132 KV Switchgear, Equipment AndTrans<strong>for</strong>mersA4.1 132 KV Switchgear EquipmentA4.1.1 132 kV circuit breaker [3 phase trip, Dead Tank 1 (one) lottype]A4.1.2 132 KV Current Trans<strong>for</strong>mers 1 (one) lotA4.1.3 132 KV Voltage Trans<strong>for</strong>mers 1 (one) lotA4.1.4 132 KV Lightning Arresters. 1 (one) lotA4.1.5 132 KV Isolators 1 (one) lotA4.1.6 Steel structures <strong>for</strong> supporting the switchgear, 1 (one) lotequipment, posts and beams and gantry structures.A4.1.7 132 KV XLPE (Single-Core) cable with Two endTermination and one spare core (3+1) withnecessary hardware from unit trans<strong>for</strong>mers to gridhooking point1 (one) lot42


Sl. No Item Name QtyA4.1.8 Suspension/post insulator string sets, tension 1 (one) lotinsulator string sets and station post supportinginsulator set with necessary hardwareA4.1.9 Shield wire connectors and necessary hardware 1 (one) lotA4.1.10 All other equipment and materials <strong>for</strong> modification 1 (one) lotof existing facilities, re-arrangement, reconstruction,and reconnection with 132 kV switch gear as perrequirement (<strong>for</strong> interconnection with grid)A4.2 Step-Up Trans<strong>for</strong>mers And AssociatedEquipmentA4.2.1 Bank of 3 single phase step-up trans<strong>for</strong>mers and 1 (one) lotone spare trans<strong>for</strong>mer (3+1) and associatedequipmentA4.3 Unit Auxiliary Trans<strong>for</strong>mer, StationTrans<strong>for</strong>mers and Associated EquipmentA4.3.1 Unit auxiliary trans<strong>for</strong>mer and associated equipment 1 (one) lotA4.3.2 Station trans<strong>for</strong>mer and associated equipment 1 (one) lotA5 Control And Protection System including-unit control panels,-central control panel & desks,-protection panels,-11kv switchgear control desk,-synchronizing panel,-auxiliary <strong>power</strong> supply panel,-132 kV control and protection panel- any other required control & protection panel and1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate Total43


Sl. No Item Name Qtydesk etc.Foreign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate TotalA6 Other Mechanical System (if not mentioned 1 (one) lotabove)A6.1 CONSUMSBLESA6.1.1 Initial fillings of lubricating oil 1 (one) lotA6.1.2 Initial chemicals <strong>for</strong> water treatment 1 (one) lotA7 Other Electrical System (if not mentionedabove) including- 6.6 kV switchgear,- 415 V <strong>power</strong> center,- 41 5 V common <strong>power</strong> Centre- 415 unit motor control centre <strong>for</strong> each enginegen. set.- 11 kV XLPE <strong>power</strong> cables (copper)- 6.6 kV XLPE <strong>power</strong> cables( copper). (if required)- Low Voltage <strong>power</strong> cables (copper).- Control and instrument cables (copper).- Race way materials- Grounding system.- Lighting and small <strong>power</strong> supply- Communication system including PLC, PABX,Paging System- DC <strong>power</strong> supply system including 2(two) banks of125 V Battery (NiCd, Alkaline) and 2(two) sets ofbattery chargers (Thyristor type) and otherassociated facilities.1 (one) lot44


Sl. No Item Name Qty- UPS <strong>for</strong> unit control system in addition to Control& Communication system.A8 MAINTENENCE FACILITY 1 (one) lotA8.1 OVER-HEAD CRANES 1 (one) lotA8.2 LIFTING EQUIPMENTA8.2.1 Fork lift (5 ton) 2 no.A8.2.2Mobile crane (25 ton capacity)1 no.A8.2.3 Truck/ lorry (5 ton) 2 no.A8.2.4 Half track (1ton) 2 no.A9 OFF BASE FIRE FIGHTING FACILITYA9.1 Foam Based Fire-fighting facilities 1 (one) lotA9.2 Hydrant system including water main, hydrant 1 (one) lotstands, hoses, motor driven and engine driven firefighting pumps, jockey pump etc.A9.3 Portable fire fighting equipment. 1 (one) lotA9.4 Other fire fighting related equipmentA10 SPARE PARTS AND CONSUMABLES FOR 2 YEARSWARRANTEE PERIODA10.1 CONSUMABLES FOR WARRANTEE PERIOD1 (one) lotOPERATIONA10.2 SPARE PARTS FOR WARRENTEE PERIOD1 (one) lotOPERATIONA11 SPECIAL MAINTENANCE TOOLS includingEngine maintenance tools (set) 1 (one) lotEngine hand tools (set) 1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate Total45


Sl. No Item Name QtyTools <strong>for</strong> turbocharger (set) 1 (one) lotHFO separator tools (set)1 (one) lotLubricating oil separator tools (set)1 (one) lotOther tools. 1 (one) lotA12 OFFICE EQUIPMENT 1 (one) lotA13 ELECTRICAL WORKSHOP TOOLS [Current injection 1 (one) lottest set, Megger, Multimeter, Welding set etc.]A14 MACHINE SHOP EQUIPMENT & TOOLS including 1 (one) lotLathe, Pillar drill, Universal miller, Grinding machine,Hopper, Small universal machine tools, Machinehacksaw, Welding sets, etc.A15OTHERS, if necessary (Tenderer shall specifythose items)1 (one) lotForeign CurrencyBangladesh TakaFOB Price Freight Insurance Insurance <strong>for</strong>Transportationup to SiteCustom Clearanceand InlandTransportationRate Total Rate Total Rate Total Rate Total Rate TotalSub-total : Sch. 146


Schedule-2Erection & CommissioningSl.No.Description2A Generating sets complete with all auxiliary equipment 1 lotQtyErection & Commissioning Insurance <strong>for</strong>Erection &CommissioningForeigncurrencyBangladeshTakaBangladeshTakaRate Total Rate Total Rate Total2B Step-Up Trans<strong>for</strong>mer and 132 KV switchgear,equipment, Grid Inter-connection etc.1 lot2C2D2EControl equipment and other electrical equipment andmaterials.Maintenance facilities, fire fighting facilities and othermechanical facilities.OTHERS, if necessary (Tenderer shall specify thoseitems)Sub-total : Sch.21 lot1 lot47


Schedule-3Civil & Building Works:Sl No Description Qty3 CIVIL WORKS AND STRUCTURES3A POWER PLANT BUILDINGS3A.1 ENGINE HALL includingSuperstructures, engine hallEarthworks and substructures, engine hallEarthworks and substructures, generating setInlet ventilation, generator sideInlet ventilation, auxiliary sideOutlet ventilation, roof monitorPlumbing and sanitary installations, engine hallElectrification, engine hallFire detection, engine hallHydrant valve pairsStandpipe hose cabinetPortable fire extinguisher (dry powder type)Mobile foam unitOverhead crane, engine hall3A.2 UTILITY BLOCK includingSuperstructures,Utility block Earthworks and substructures,Utility block Ventilation,1 lot1 lotCivil & Building WorksInsurance <strong>for</strong>Civil & BuildingworksForeign currency Bangladesh Taka Bangladesh TakaRate Total Rate Total Rate Total48


Sl No Description QtyUtility block Air-conditioning,Utility block Plumbing and sanitary installations,Utility block Electrification,Utility block Fire detection,Utility block Fire fighting, hose reel, Portable fireextinguisher (dry powder type), Portable fireextinguisher (CO2 type)Overhead cranes,Utility block Pillar jib crane, pipe support.3A.3 FUEL TREATMENT BUILDING includingSuperstructures,Fuel treatment building Earthworks and substructures,Fuel treatment building Ventilation,Fuel treatment building Plumbing and sanitaryinstallations,Fuel treatment building Electrification,Fuel treatment building Fire detection,Fuel treatment building Portable fire extinguisher (drypowder type) Portable fire extinguisher (dry powdertype)Overhead crane,Fuel treatment building Earthworks and substructures,pipe support3A.4 FIRE FIGHTING STRUCTURESEarthworks and substructures1 lot1 lotCivil & Building WorksInsurance <strong>for</strong>Civil & BuildingworksForeign currency Bangladesh Taka Bangladesh TakaRate Total Rate Total Rate Total49


Sl No Description Qty3B ANCILLIARY SERVICE BUILDINGS3B.1 GUARD HOUSE1 lotComplete guard house3B.2 ADMINISTRATION BUILDING1 lotComplete administration building3C OIL STORAGE AND CONTAINMENT AREAS 1 lot3C.1 DAY TANK CONTAINMENT AREA includingEarthworks and substructures, light fuel oil day tankEarthworks and substructures, heavy fuel oil buffertankEarthworks and substructures, heavy fuel oil day tankEarthworks and substructures, oily water buffer tankEarthworks and substructures, sludge tankEarthworks and substructures, lubricating oil storagetank: fresh oilEarthworks and substructures, lubricating oil storagetank: used oilEarthworks and substructures, lubricating oil servicetank3C.2 FUEL STORAGE CONTAINMENT AREA includingEarthworks and substructures, light fuel oil storagetankEarthworks and substructures, heavy fuel oil storagetank1 lot1 lotCivil & Building WorksInsurance <strong>for</strong>Civil & BuildingworksForeign currency Bangladesh Taka Bangladesh TakaRate Total Rate Total Rate Total50


Sl No Description QtyEarthworks and substructures, dike bottomEarthworks and substructures, dike wallEarthworks and substructures, pipe support3C.3 FUEL UNLOADING STATION includingSuperstructures, fuel unloading stationEarthworks and substructures, fuel unloading stationPlumbing and sanitary installations, fuel unloadingstationElectrification, fuel unloading stationPortable fire extinguisher (dry powder type)Earthworks and substructures, pipe support3C.4 LUBRICATING OIL HANDLING FACILITIES includingEarthworks and substructures, lubricating oilunloading station3D AUXILIARY STRUCTURES3D.1 COOLING SYSTEM STRUCTURES includingEarthworks and substructures, cooling radiatorEarthworks and substructures, pipe support3D.2 CHARGE AIR / EXHAUST GAS DUCTING AND BOILERSUPPORT STRUCTURES includingSteel structures <strong>for</strong> charge air duct support (set)Steel structures <strong>for</strong> auxiliary equipment support (set)Steel structures outside the building (set)Superstructures, exhaust gas stackEarthworks and substructures, exhaust gas stack1 lot1 lot1 lot1 lotCivil & Building WorksInsurance <strong>for</strong>Civil & BuildingworksForeign currency Bangladesh Taka Bangladesh TakaRate Total Rate Total Rate Total51


Sl No Description QtyEarthworks and substructures, heat recoverycontainerSuperstructures, boiler supportEarthworks and substructures, boiler support3D.3 OIL/WATER COLLECTING AND SEPARATIONSTRUCTURES includingOily water collecting pitSuperstructures, oily water transfer pump shelterSuperstructures, oily water treatment unitEarthworks and substructures, oily water treatmentunitPlumbing and sanitary installations, oily watertreatment unit3D.4 WATER TREATMENT SYSTEM STRUCTURES includingEarthworks and substructures, treated water storagetank3E POWER TRANSMISSION AREAS3E.1 POWER TRANSFORMER AREASEarthworks and substructures, <strong>power</strong> trans<strong>for</strong>merFence, around <strong>power</strong> trans<strong>for</strong>mer3E.2 SWITCHYARD AREASEarthworks and substructures, switchyardSwitchyard surface coveringFence, around switchyard1 lot1 lot1 lot1 lotCivil & Building WorksInsurance <strong>for</strong>Civil & BuildingworksForeign currency Bangladesh Taka Bangladesh TakaRate Total Rate Total Rate Total52


Sl No Description Qty3F3GSITE WORKSEarthworks, soil stabilization (piles, soil rein<strong>for</strong>cement,etc.) (if required)Existing elements on plot (demolition, protection,cleaning, top soil removal, etc.) (if required)Earth excavation on plot (if required)Rock excavation on plot (if required)Filling on plot (if required)Remedial work <strong>for</strong> the ground and / or groundwatercontamination (if required)Pipelines on plot, cable trench to switchyardPavements, roads and parkingPower plant surface covering (gravel)LawnsFence, around <strong>power</strong> plantPavements, kerbs and rain water drainageRoad to plantFuel pipe to plantWater pipe to plantSewage pipe to plantTelephone line to plantOTHERS, if necessary (Tenderer shall specify thoseitems)Sub-total : 31 lot1 lotCivil & Building WorksInsurance <strong>for</strong>Civil & BuildingworksForeign currency Bangladesh Taka Bangladesh TakaRate Total Rate Total Rate Total53


Schedule-4Services :Sl. DescriptionNo.Qty4A DESIGN AND ENGINEERING 1 lot4B WORKSHOP TESTS INCLUDING TEST WITNESSING 1 lotTRAINING4C1 Training at manufacturers factory 1 lot4C2 Traveling charges, 15 persons 1 lot4C3 Living allowance, 15 Man-Month 1 lot4C4 Training at the site 1 lot4D DOCUMENTS (DRWINGS, OPERATION MANUALS etc.) 1 lot4E4FService <strong>for</strong> Execution of Schedule maintanance (inspection,overhauling etc.) during 2 years warranty periodOperation and maintenance services after satisfactoryper<strong>for</strong>mances test. (warrantee engineers <strong>for</strong> 2 yearswarranty period).Sub-total : 41 lot1 lotServicesForeign currency Bangladesh TakaRate Total Rate Total54


Schedule-5Long Term Service Agreement (LTSA) <strong>for</strong> 4 years after warrantee period:[Will be considered inEvaluation](Tenderer shall submit item-wise price list with his <strong>tender</strong> according to the recommendation of the OEM and experience of LTSA provider)Sl. DescriptionForeign currency Bangladesh TakaNo.Rate Total Rate Total1(one) Lot5A.2 Service <strong>for</strong> the 1st year of LTSA (with break-up cost <strong>for</strong> required service 1(one) Lotpersonnel including no. of visits, per-diem cost and expected man-days)5B.1 Spare parts <strong>for</strong> the 2nd year of LTSA 1(one) Lot5B.2 Service <strong>for</strong> the 2nd year of LTSA (with break-up cost <strong>for</strong> required service 1(one) Lotpersonnel including no. of visits, per-diem cost and expected man-days)5C.1 Spare parts <strong>for</strong> the 3rd year of LTSA 1(one) Lot5C.2 Service <strong>for</strong> the 3rd year of LTSA (with break-up cost <strong>for</strong> required service 1(one) Lotpersonnel including no. of visits, per-diem cost and expected man-days)5C.1 Spare parts <strong>for</strong> the 3rd year of LTSA 1(one) Lot5C.2 Service <strong>for</strong> the 3rd year of LTSA (with break-up cost <strong>for</strong> required service 1(one) Lotpersonnel including no. of visits, per-diem cost and expected man-days)5C.1 Spare parts <strong>for</strong> the 4th year of LTSA 1(one) Lot5C.2 Service <strong>for</strong> the 4th year of LTSA (with break-up cost <strong>for</strong> required servicepersonnel including no. of visits, per-diem cost and expected man-days)Sub-total : 51(one) Lot55


Summary of Prices:Sch.No.DescriptionFOBForeign currencyInsurance Service/& Freight Erection,Commissioning, Civil &Building worksTransportationupto siteInsuranceErectioncommissioning,civil &building worksBangladesh TakaCustomsClearance &InlandtransportationErection,Commissioning,civil and buildingworksSch. 1 Supply ofEquipmentSch. 2 Erection &CommissioningSch. 3 Civil and BuildingworksSch. 4 ServicesTotalSch. 5 LTSA56


APPENDIX-4TIME SCHEDULEManufacture, Delivery, Erection and CommissioningTime In Days From Contract Effective DateGeneratingunitDate of FOBDeliveryDelivery toThe SiteErectionCompletionCompletion ofInitialcommercialoperationin Days in days in Days in Days57


APPENDIX-5FORM OF PERFORMANCE SECURITY(SPECIMEN)To :----------------------------------------------------------------------------------------------------------------------------------------------------------------------------Subject : Per<strong>for</strong>mance Security.1. With reference to the Contract No. ---------------------dated--------------------------------------- betweenBangladesh Power Development 'Board hereinafter called the "Board' and ----------------------hereinafter called the 'Contractor" <strong>for</strong> the Turnkey Project of ---------------------------- Power Plant , --------------------------, we, the undersigned hereby irrevocablyguarantee the Contractor to the Board up to the sum of 10% (Ten percent) of theContract Amount i.e. -------------------------(convertible currency) Plus Taka-----------------(Tk.-----------------------) <strong>for</strong> the due execution and proper per<strong>for</strong>mance of theContract.2. Now, there<strong>for</strong>e, if the Contractor shall duly and faithfully observe its per<strong>for</strong>mance inall particulars and abide by each and every convenience condition and part of saidContract and the conditions, specifications, drawings and other contract <strong>document</strong>sattached with the Contract, or by reference made a part thereof according to theintent and meaning of each case, then this obligation will be null and void, otherwiseit shall remain in full <strong>for</strong>ce and effect.3. That we now hereby clearly and specifically undertake to pay the said amount at yourfirst demand without warning or any restriction or without making any reference toany party in case of default of per<strong>for</strong>mance of the Contractor.4. That we, on behalf of the Bank, hereby agree that no extension of time, changeadditions or any other modifications of the terms of the Contract or the Work to beper<strong>for</strong>med thereunder or of the Specifications or other Contract Documents shall inany way affect our obligations under this guarantee.5. That this guarantee shall be binding on us and on our successors or permitted assignsand shall be irrevocable and unconditional.58


Our liability under this guarantee is restricted to -----------------(convertible currency)Plus Taka-----------------(Tk.-------------) and shall not extend. beyond -----------(date).This guarantee shall remain valid upto warranty period of the Plant(Gopalganj 100 MW±15% Power Plant (HFO fired Engine Generating Sets)),..................., on execution of the turnkey job and successfully passing theAcceptance Test of the Plant.Yours faithfullyFor and on behalf of-------------------------------(Bank)(Official Seal)59


Appendix-6Form of Agreement(SPECIMEN)BANGLADESH POWER DEVELOPMENT BOARD-------------------------------------------- POWER PLANT--------------------THIS AGREEMENT, made and entered into as ofthis ----------------------------------------------------------------------------------------dayof -------------------------------------------------------------------------------A.D. 2010BETWEENTHE BANGLADESH POWER DEVELOPMENT BOARD(hereinafter called -the "BOARD")Party of the First Part :AND(hereinafter called the "CONTRACTOR")Party of the Second Part :WHEREAS the Board has requested proposals <strong>for</strong> the complete project Management,design, manufacturing, construction, commissioning and supervision of initial operation of ------------------------- Power Plant within ----------------------------- and <strong>for</strong> the in planttraining of Board's operating personnel <strong>for</strong> this Power Plant, andWHEREA'S, the Contractor has submitted a Tender <strong>for</strong> this work completed as specified,and WHEREAS the Board has accepted the Tender submitted by the Contractor, andWHEREAS, the parties now desire to evidence their agreement <strong>for</strong> the per<strong>for</strong>mance of theWork, <strong>for</strong> the compensation and upon the terms and conditions herein set <strong>for</strong>th.Now there<strong>for</strong>e this agreement witness, and the parties hereto agree as follows :1. The Contractor, <strong>for</strong> and in consideration of the payment to be made to the Contractor ashereinafter provided, agrees to furnish all labour, equipment and materials necessary orrequired <strong>for</strong> the Work described in and in strict con<strong>for</strong>mity with the Terms and Conditionsof this Agreement and the following <strong>document</strong>s which are attached hereto and by this60


eference made a part thereof. This Agreement and all of the following <strong>document</strong>s arehereinafter referred to as the "Contract"Tender SecurityPer<strong>for</strong>mance SecurityInstructions to TenderersCompleted Tender Form, with appendices and data supplied by theContractorGeneral ConditionsSpecial ConditionsTechnical RequirementsSpecifications, including drawingsAddenda Dated ---------------------------------------Amendments Dated ---------------------------------------Proposal of ContractorFor all purposes of the Contract, the following addresses shall be usedBoard: The SecretaryBangladesh Power Development BoardWAPDA Building, (1 st floor)Motijheel Commercial Area,Dhaka-1000, BangladeshContractor ------------------------------------------------------------------------------------------------------------------IN WITNESS WHEREOF, the parties hereto have executed this Agreement and thisContract under their respective Corporate Seals as of the day and year first above written.by:----------------------------CORPORATE SEAL(Name)61


-------------------------------(Title)Signed and Sealed inthe Presence of :----------------------------------------------------(Name)-------------------------- ----------------------------------------------------(Name)(Title)(CONTRACTOR)SEALBY:-----------------------------------------CORPORATE(Name)-------------------------------------------------(Title)Signed and Sealed inthe Presence of :BY :------------------------------------------------(Name)-------------------------------- ------------------------------------------------(Name)(Title)62


Appendix-7COMPLAINTS AND APPEALSIn Case of Complain and Appeals PPA-2006 & PPR-2008(Clause 56-60) of Government of Bangladesh will befollowed.63


Chapter IIGeneral Conditions64


1.0 CONTRACT DOCUMENTSCHAPTER II : GENERAL CONDITIONIt is understood and agreed that the Form of Agreement and the Tender Security,Per<strong>for</strong>mance Security, Instructions to Tenderers, Completed Tender Form withAppendices/Annexure/Exhibit (and Data supplied by the Contractor), GeneralConditions, Special Conditions, Technical Requirements, Drawings, Addenda, andAmendments, all as issued by the Board and the Engineer, and the Drawings,Specifications and Engineering Data which may be furnished by the Contractor inthe <strong>for</strong>m agreed upon by the Board included in this Contract and the Works will bedone in accordingly.The <strong>document</strong>s <strong>for</strong>ming the Contract are to be taken as mutually explanatory ofone another. If there is an ambiguity or discrepancy in the Documents, the Boardshall issue any necessary clarification or instruction to the Contractor, and thepriority of the <strong>document</strong>s shall be as follows:2.0 DEFINITIONSa. The Contract Agreementb. Per<strong>for</strong>mance Guaranteec. Power of Attorneyd. Final Price Schedule.e. The Letter of Acceptancef. Notification of Awardg. Govt. approval and vetting of Concern Ministry/ Boardh. Minutes of Contract Negotiation.i. Volume 1:Instructions to TenderersGeneral ConditionsSpecial ConditionsVolume 2: Technical RequirementVolume 3: Technical Particulars [Schedules, Drawing & Data Sheets]j. Addendak. All Correspondences between <strong>BPDB</strong> and the Contractor.l. Contractor's ProposalsWords, phrases, or other expressions used in these Contract Documents shall havethe meanings hereby assigned to them except where the context otherwiserequires :i) "Contract" or "Contract Document" shall include the items enumerated aboveunder Section 1.0, CONTRACT DOCUMENT.ii)"Board/<strong>BPDB</strong>" shall mean the Bangladesh Power DevelopmentBoard, WAPDA Building, Dhaka-1000, Bangladesh, named and designatedin the Form of Agreement as "Party of the First Part", acting through its dulyauthorised representative.65


iii)iv)"Engineer or Consultant" shall mean such person or persons or consultingfirm <strong>for</strong> the time being or from time to time duly appointed by the Boardand whose authority shall be notified in writing to the Contractor by theBoard and who is acting on behalf of the Board as Engineer <strong>for</strong> the purposeof the Contract and includes such other person (if any) to whom theEngineer's authority may have been lawfully delegated pursuant to theContract."Contractor" shall mean the corporation, company, partnership, firm orindividual, named and designated in the Form of Agreement as the "Party ofthe Second Part", who has entered into this Contract <strong>for</strong> the per<strong>for</strong>mance ofthe Work covered thereby, or its, his, or their duly authorised agent or otherlegal representative.v) "Subcontractor" shall mean a corporation, partnership, or individual havinga direct contract with the Contractor <strong>for</strong> per<strong>for</strong>ming work covered by theseContract Documents, but not including the Contractor's regular suppliers ofmaterials and components.vi)vii)viii)ix)"Project Director" shall mean the person, designated by the Board, to bestationed at the Site and to represent the Board in all matters. Notice tohim shall be notice to the Board."Project" shall mean all the Works to be done under the Contract <strong>for</strong>Gopalganj 100 MW±15% Power Plant (HFO fired Engine Generating Sets)Project at -------------------."Plant" shall mean and include machinery, apparatus, structures, materials,articles, and things of all kinds to be provided under the Contract which will<strong>for</strong>m part of the Permanent Works.“Work”, "Works" or “Permanent Works" shall mean the equipment, supplies,materials, labour and services to be furnished under the Contract and thecarrying out of all obligations imposed by the Contract Document.x) "Temporary works" shall mean all temporary works of every kind required inor about the execution, maintenance or completion of the Works but not<strong>for</strong>ming part of the Permanent Works.xi)"Date of Contract/Date of Order" or words equivalent thereto, shall meanthe date written in the first paragraph of the Contract.xii) " Effective Date of Contract [EDOC] " shall mean the date after the 30days of Contract signing or date of establishing of Letter of Credit,whichever is later.xiii)"Contractor's Representative" shall mean the erection or operatingSuperintendent designated by the Contractor to be stationed at the Site andto represent the Contractor in all matters. Notice to him shall be notice tothe Contractor.66


xiv)xv)xvi)xvii)xviii)xix)xx)xxi)xxii)xxiii)xxiv)xxv)xxvi)"Engineer's Representative" shall mean the Resident Engineer appointed bythe Engineer to be stationed at the Site and to represent the Engineer in allmatters."Contract Price" shall mean the sum or all sums named in the ContractAgreement."Site" means the <strong>power</strong> house grounds and buildings and the surroundingareas where the Work is to be carried on."Day" or "Days", unless herein otherwise expressly defined, shall mean acalendar day or days of twenty-four hours each."Specifications" shall mean and include the General Conditions, SpecialConditions, Technical Requirements and Tender Forms which are part of theContract Documents; and all standard specifications of any technical society,organisation, or association to which reference is made.'Drawings" shall mean and include all (a) drawings furnished by the Board aspart of this Contract, (b) all supplementary drawings furnished by the Boardas and when required to clear, and to define in greater detail, the intent ofthe Contract Plans and Specifications, and (c) drawings submitted by theContractor to the Board, when and as approved by the Engineer.'Tests on completion" shall mean such tests to be made by the Contractorbe<strong>for</strong>e the Works are taken over by the Board as are provided <strong>for</strong> in theContract and such other tests as may be agreed between the Board/Engineerand the Contractor."Taking Over" shall signify that fabrication, construction, tests. inspectionsand adjustment has been satisfactorily completed."Warranty Period" shall mean the period of 2(two) years following Takingover during which the Contractor guarantees the Plant and equipmentagainst defects in design, materials, construction and workmanship.“Final Acceptance Certificate" shall mean the official notification by the Boardto the Contractor, issued at the end of the warranty period which indicatesthat the Contractor has completed his obligation under the Contract."Payment Certificate" shall mean a certificate issued by the concerned ProjectDirector or a person designated by the Board that the monies claimed on theContractor's invoice are correct and that the claim <strong>for</strong> payment is justifiedunder the terms of the Contract."Completion Certificate" shall mean a certificate issued by the Board, andsigned by the Board and confirmed by the Engineer confirming the Takingoverof the Plant."Award", "Acceptance' or "Letter of Intent' shall mean the official noticeissued by the Board notifying the successful Tenderer that his <strong>tender</strong> has67


een accepted and that the Board desires to enter into a mutually acceptablecontract.xxvii) Whenever in these Contract Documents the words "as ordered", “ It asdirected", "as required", "as permitted" "as allowed" or words or phrases oflike import are used,, it shall be understood that the order, direction,requirement, permission, or allowance of the Board or the Engineer isintended only to the extent of judging compliance with the terms of theContract; none of these terms shall imply that the Board or the Engineer hasany authority over or responsibility <strong>for</strong> supervision of the Contractor's <strong>for</strong>cesor construction operation, such supervision including sole responsibilitythere<strong>for</strong>e being strictly reserved <strong>for</strong> the Contractor.xxviii) Similarly the words "approved", “reasonable", "suitable", "acceptable",'properly", "satisfactory", or words of like effect and import, unless otherwiseparticularly specified herein shall mean approved, reasonable, suitable,acceptable, proper, or satisfactory in the judgment of the Board or theEngineer, to the extent provided in subsection xxvii) above.xxix)xxx)xxxi)Whenever any statement is made in the Contract Documents containing theexpression "it is understood and agreed", or an expression of like import,such expression means the mutual understanding and agreement of theparties executing the Contract Documents of which these General Conditionsare apart."FUND" shall mean the <strong>for</strong>eign currency and local currency to be provided bythe Government of the People's Republic of Bangladesh.“Commissioning” shall mean completion of necessary tests of the Power Plantby the Contractor to ensure the reliable commercial operation of the same asper Contract .xxxii) “Project Acceptance Committee” shall mean the representatives of the Boardwho are responsible <strong>for</strong> witnessing in collaboration with the representativesof the Engineer, the inspection and test of the Work prior to issue of the“Completion Certificate”. The Project Acceptance Committee will beconstitute by the Board.xxxiii) “Initial Commercial Operation” (ICO) shall relate to the operation of theplant. “ICO” shall mean the successful continuous operation <strong>for</strong> seven (7)days (168 hours) of the plant including its auxiliaries on automatic andsupervisory controls.xxxiv) “ Taking Over Certificate by the Board” [or PAC] shall mean the Taking Overof the plant completed in all respects after successful completion of ICO andcarrying out of the per<strong>for</strong>mance test.xxxv) “ Contract Amount” shall mean the same as “ Contract Price”xxxvi) “ Contractor’s Equipment” shall mean the equipment machinery, tool, spares,consumable and goods of kinds (as distinct from “Plant” or “PermanentWork”) to be used only <strong>for</strong> the construction works at the contractor’sexpense and remain the property of the Contractor. The Contractor’sEquipment will not <strong>for</strong>m a part of the “ Permanent Works”.xxxvii) “ Turnkey Work” shall mean design, engineering, manufacturing, inspection,testing, supply, delivery to the site, construction, erection, testing and68


commissioning including all other works to complete the project on a TurnkeyWork basis.xxxviii) TEC mean Tender Evaluation Committee.3.0 ASSIGNMENTThe Contractor shall not assign the Contract or any part thereof or any benefit orinterest therein or thereunder without the prior written consent of the Board.4.0 SUB-LETTINGThe Contractor shall not sub-let the whole of the Works. Except where otherwiseprovided by the Contract, the Contractor shall not sub-let any part of the Workswithout the prior written consent of the Board and such consent if given shall notrelieve the Contractor from any liability or obligation under the Contract and heshall be responsible <strong>for</strong> the acts, defaults and neglects of any Subcontractor, hisagents, servants or workmen as fully as if they were the acts, defaults or neglectsof the Contractor, his agents, servants or workmen.Should any Subcontractor fail to per<strong>for</strong>m in a satisfactory manner the worksundertaken by him, the Contractor upon notice from the Board/the Engineer shallimmediately terminate his Subcontract. Nothing contained in this Contract shallcreate any contractual relationship between any Subcontractor and the Board.That means that the Board shall not deal with the affairs of Subcontractors. For allWorks, the Contractor shall be held responsible to the Board.5.0 ORAL STATEMENTS NOT BINDINGIt is understood and agreed that the written terms and provisions of this Contractshall supersede all oral statements, and oral Statements shall not be effective or beconstrued as being a part of or altering this Contract in any way.6.0 STANDARD SPECIFICATIONSReference to standard specifications of any technical society, organisation, orassociation, or to codes of local or national authorities, shall mean the lateststandard, code, specification, or tentative specification adopted and published at theDate of Contract unless specifically stated otherwise.7.0 EXTENT OF CONTRACT:The Contract comprises the design of 100±15% MW Power Plant (HFO fired EngineGenerating Sets) and their execution, design, manufacture, factory testing,transportation and delivery to the Site, erection, testing and commissioning andwarranty of the Work, and the provision of all labour, materials, temporary worksand Contractor's equipment, required in and <strong>for</strong> such design, manufacture, testing,transportation and delivery to the Site, erection, completion, testing andcommissioning, trial run and warranty of the Work, providing training to the Board'spersonnel at the Site so far as the necessity <strong>for</strong> providing the same as is specifiedin the Contract.69


8.0 SCOPE, NATURE AND INTENT OF SPECIAL CONDITION, TECHNICAL PROVISIONSAND PLANSThe Special Conditions, Technical Requirements, and other parts of the ContractDocuments are intended to supplement, but not necessarily duplicate each other.Any work exhibited in the one and not in the others shall be executed as if it hadbeen set <strong>for</strong>th in all, in order that the Work be completed according to thecomplete design as determined by the Engineer.Should anything be omitted from the Special Conditions, Technical Requirementand other Contract Documents which is necessary <strong>for</strong> a clear understanding of theWork, or should it appear that various instruction are in conflict, then theContractor shall secure written instructions from the Engineer be<strong>for</strong>e proceedingwith the Work affected by such omissions or discrepancies. It is understood andagreed that the Work shall be per<strong>for</strong>med and completed according to the truespirit, meaning, and intent of the Contract Documents.9.0 INSPECTION OF SITEThe Contractor shall be deemed to have inspected and examined the Site and itssurroundings and to have satisfied himself, so far as is practicable, be<strong>for</strong>esubmitting his Proposal, as to the <strong>for</strong>m and nature of the Site, the quantities andnature of the Work necessary <strong>for</strong> the completion of the Works and means of accessto the Site, the accommodation he may require and in general shall himself obtainall necessary in<strong>for</strong>mation as to risks, contingencies and all other circumstanceswhich may influence or affect his Proposal.The Contractor shall be deemed to have fully investigated without any commitmenton the Engineer, and made appropriate arrangements <strong>for</strong> the establishment ofproper accommodation, near the Site, of his work<strong>for</strong>ce consistent with all Local andGovernmental Regulations in <strong>for</strong>ce.10.0 APPROVAL OF ENGINEERING DATA AND DRAWINGSi) The Contractor shall submit to the Board/the Engineer <strong>for</strong> approval, withinthe time specified in the Specifications, such drawings, <strong>document</strong>s and datasheets as may be called <strong>for</strong> there in or as the Engineer may reasonablyrequire. Within a reasonable period after receiving such drawings,<strong>document</strong>s and data sheets, the Engineer shall signify his approval orcomment. Copies of all drawings which shall be required to be approved bythe Engineer shall be provided by the Contractor. The Contractor shallsupply additional copies of approved drawings in accordance with the detailset out in the Specifications.iii)Approval of drawings shall in no way relieve the Contractor of any of hisduties or responsibilities <strong>for</strong> engineering, design, workmanship, materialsand all other liabilities under the Contract.The contractor shall, within the time specified in the Specifications, providedrawings showing the manner in which the equipment and materials is to beaffixed together with all in<strong>for</strong>mation relating, unless otherwise agreed, onlyto the Works, required <strong>for</strong> preparing suitable foundations, <strong>for</strong> providing70


suitable access <strong>for</strong> equipment and materials and any necessary equipmentwhich are to be erected and <strong>for</strong> making all necessary connections to theequipment and materials (whether such connections are to be made by theContractor under the Contract or not).iv)Any expenses resulting from an error or omission in or from delay indelivery of the drawings and in<strong>for</strong>mation mentioned in this Clause shall beborne by the Contractor.v) The Contractor shall be responsible <strong>for</strong> any discrepancies, errors, oromissions in the drawings and other particulars supplied by him. Wheneverthe work is carried out on the basis of such discrepancies, errors, oromissions, any revision of the work shall be made at the expense of theContractor.vi)At least one copy of the final approved drawings shall be kept by theContractor at the Site and the same shall at all reasonable times beavailable <strong>for</strong> inspection and use by the Board/Engineer and by any otherperson authorised by the Board/Engineer.11.0 LEGAL ADDRESSESBoth the business address of the Contractor given in the Contract, and theContractor's office in the vicinity of the Work, are hereby designated as the placesto which all notices, letters, and other communications to the Contractor may bemailed or delivered. The business address of the Board appearing in SectionDefinitions, hereof is hereby designated as the place to which all notices, letters,and other communication to the Board may be mailed or delivered. The delivery byone party to the other party at an address so designated, or the depositing in anymail box regularly maintained by the post office, of any notice, letter, or othercommunication addressed to such address postage prepaid, registered or certifiedmail, with return receipt requested, in Bangladesh shall be deemed sufficientservice thereof, and the date of said service shall be the date of such delivery ormailing. Either Party may change the said address or addresses at any time by aninstrument in writing delivered to the Engineer and to the other party. Nothingherein contained shall be deemed to preclude or render inoperative the service ofany notice, letter, or communication upon either party personally.12.0 OFFICE AT SITE OF WORKSThe Contractor shall maintain at Site an office <strong>for</strong> themselves and a separate office<strong>for</strong> use of the Consultant and Project Office with proper equipment, furniture,appliances and appurtenance.12.01 CONTRACTOR’S OFFICE AT SITE OF WORKDuring the per<strong>for</strong>mance of this Contracts the Contractor shall maintain a suitableoffice at or near the Site of the Work which shall be the headquarters of theContractor's Representative authorised to receive drawings, instructions, or othercommunications or articles from the Board or the Engineer's Representative; andany such communications given to the representative or deposited in a prescribed71


location or manner at the Contractor’s office at the Site of the Work in his absenceshall be deemed to have been given to the Contractor.13.0 METHOD OF OPERATIONThe Contractor shall in<strong>for</strong>m the Engineer in advance concerning his plans <strong>for</strong>carrying on each phase of the work. If at any time the Contractor's plant orequipment or any of his methods of executing the Work appear to the Engineer tobe unsafe, inefficient, or inadequate to insure the required quality or rate ofprogress of the Work, the Engineer may order the Contractor to increase orimprove his facilities, or methods and the Contractor shall promptly comply withsuch orders; but neither compliance with such orders nor failure of the Engineer toissue such orders shall relieve the Contractor from his obligation to secure thedegree of safety, the quality of the Work, and the rate of progress required by thisContract. The Contractor alone shall be responsible <strong>for</strong> the safety, adequacy, andefficiency of his plant, equipment, and methods.Any method of work suggested by the Engineer, but not specified, will be used atthe risk and responsibility of the Contractor, and the Engineer and the Board willassume no responsibility there<strong>for</strong>e.Approval by the Engineer of any method of work proposed by the Contractor shallnot relieve the Contractor of any responsibility there<strong>for</strong>e, and such approval shallnot be considered as an assumption of any risk or liability by the Board or theEngineer, or any officer, agent, or employees thereof. The Contractor shall have noclaim on account of the failure or inefficiency of any method so approved. Suchapproval shall mean only that the Board or the Engineer has no objection to theadoption or use by the Contractor of such method at the Contractor's own risk andresponsibility.14.0 AUTHORITY OF THE ENGINEERTo prevent delays and disputes, and to discourage litigation, it is agreed by theparties to this Contract that the Engineer shall resolve, by written opinion, allquestions in relation to the Work per<strong>for</strong>med under this Contract.In case of any decision or instruction involving financial implications, the Engineershall obtain written confirmation from the Board Through Project Director andadvise the Contractor accordingly. The Engineer shall issue instructions inconsulation with the Project Director.If, in the opinion of the Contractor or the Board, a written decision made by theEngineer is not in accordance with the meaning and intent of the Contract, eitherparty may file with the engineer and the other party to the Contract, within thirty(30) days after receipt written decision, a written objection to the decision. Failureto file an objection within the allotted time will be considered as acceptance of theEngineer's decision and the decision shall become final and conclusive. If suchwritten objection is timely filed, the objecting party may at any time thereafter andprior to final payment under the Contract, request that the matter be referred toarbitration pursuant to the provisions hereinafter set <strong>for</strong>th in Clause "Arbitration".72


The Engineer's decision and the filing of the written objection thereto shall beConditions precedent to the right to request arbitration or to start action in court.It is the intent of this agreement that there shall be no delay in the execution of theWork, and the decision of the Engineer as rendered shall be promptly observed.The Contractor shall proceed with the Work in accordance with the Engineer'swritten decision, provided, however, that the Contractor shall not be requested torecognise or accept any change order or decision requiring extra or additionalWork, unless the amount of additional compensation there<strong>for</strong>e is agreed upon bythe Board in accordance with the provisions of Clause 71.0, "Modifications. If, inany case, the Contractor is required to proceed over his objection, the Contractorshall be authorised, in an appropriate case, to notify the Board.15.0 WORK TO THE SATISFACTION OF BOARD / ENGINEERThe Contractor shall execute and complete the Work in strict accordance with theContract to the satisfaction of the Board/the Engineer and shall comply with andadhere strictly to the Engineer's instructions and directions on any matter, whethermentioned in the Contract or not, concerning the Work. The Contractor shall takeinstructions and directions only from the Engineer. Such instruction by the Engineershall always be in writing and approved by the Board.16.0 FACTORY WITNESS TEST (ENGINEERING INSPECTION)It is agreed by the Contractor that the Board shall be and is hereby authorised toappoint or employ (either directly or through the Engineer) such inspectors as theBoard may deem proper to inspect the materials furnished under the Workper<strong>for</strong>med under this Contract, <strong>for</strong> compliance with the Contract Documents. TheContractor shall furnish all reasonable aid and assistance required by the Engineer,or inspectors, <strong>for</strong> the proper inspection and examination of the Work and all partsthereof.The Contractor shall obey the directions of the Engineer or inspector when theyare consistent with the obligations of this Contract. Should the Contractor object toany order given by any inspector, the Contractor may make written appeal to theEngineer <strong>for</strong> his decision.Inspectors and other properly authorised representatives of the Board or theEngineer shall be free at all times to per<strong>for</strong>m their duties, and any intimidation orattempted intimidation of any one of them by the Contractor or by any of hisemployees shall have sufficient reason, if the Board so decides, to terminate theContract.Such inspection shall not relieve the Contractor from any obligation to per<strong>for</strong>m theWork in accordance with the Contract Documents. Work not so constructed shallbe removed and made good by the Contractor at his own expense.The Engineer and Board’s authorised representative shall have the right to inspectand/or to test the Goods at Site and at manufacturer’s premises to confirm theircon<strong>for</strong>mity to the Contract. The cost of per<strong>for</strong>ming any tests shall be borne by theContractor. The payment <strong>for</strong> inspection and tests at the manufacturer’s premisesand training on tests including travelling expenses, daily pocket expenses andlodging at actual <strong>for</strong> six round trips (two Engineers/ round trip) and a73


maximum of seven working days spend with the addition of two days preparation<strong>for</strong> each participating engineer. The cost of subsequent inspection(s) due torejection/additional re-testing of Goods at the first inspection shall also be borne bythe Contractor.17.0 NO WAIVER OF RIGHTSNeither the inspection by the Board or the Engineer or any of their officials,employees, or agents, nor any order by the Board or the Engineer <strong>for</strong> payment ofmoney, or any payment <strong>for</strong>, or acceptance of, the whole or any part of the Work bythe Board or the Engineer, nor any extension of time, nor any possession taken bythe Board or its employees, shall operate as a waiver of any provision of thisContract, or of any <strong>power</strong> herein reserved to the Board, or any right to claim ofdamages herein provided, nor shall any waiver of any breach in this Contract beheld to be a waiver of any other or subsequent breach.18.0 CONTRACTOR'S SUPERINTENDENCEThe Contractor shall give or provide all necessary superintendence during theexecution of the Work and as long thereafter as the Board may consider necessary<strong>for</strong> the proper fulfilling of the Contractor's obligations under the Contract. Acompetent and authorised agent or representative approved of in writing by theEngineer, which approval may at any time be withdrawn, shall be constantly on theWork and shall give his whole time to the superintendence of the same. Suchauthorised agent or representative shall receive on behalf of the Contractordirections and instructions from the Engineer.If such approval shall be withdrawn by the Engineer, the Contractor shall, as soonas is practicable having regard to the requirement of replacing him as hereinaftermentioned, after receiving written notice of such withdrawal, remove the agentfrom the Site and shall not thereafter employ him again on the Site in any capacityand shall replace him by another agent approved by the Engineer.19.0 CONTRACTOR'S EMPLOYEESThe Contractor shall provide and employ in connection with the execution of theWorks:(a)(b)only such technical assistants as are skilled and experienced in theirrespective trades and such sub-agents, <strong>for</strong>emen and leading hands as arecompetent to give proper supervision to the Work they are required tosupervise andsuch skilled, semi-skilled and unskilled labour as is necessary <strong>for</strong> the properand timely execution and maintenance of the Works.The Engineer will be after notifying and discussion with the Contractor to object toand require the Contractor to remove <strong>for</strong>thwith from the Work any personemployed by the Contractor in or about the execution or maintenance of the Workwho in the opinion of the Board/the engineer misconduct himself or is incompetentor negligent in the proper per<strong>for</strong>mance of his duties or whose employment isotherwise considered by the Board/the Engineer to be undesirable and such person74


shall not be again employed upon the Work without the written permission of theBoard through the Engineer. Any person so removed from the Work shall bereplaced immediately by a competent substitute approved by the Board.20.0 SETTING OUTThe Contractor shall be responsible <strong>for</strong> the true and proper setting out of the Workin relation to original points, lines and levels of reference given by the Engineer inwriting and <strong>for</strong> the correctness, subject as above mentioned, of the position, levels,dimensions and alignment of all parts of the Work and <strong>for</strong> the provision of allnecessary instruments, appliances and labour in connection therewith.If at any time during the progress of the Work any error shall arise in the position,levels, dimensions or alignment of any part of the Work, the Contractor, on beingrequired to do so by the Engineer, shall at his own expense rectify such error to thesatisfaction of the Engineer. The checking of any setting out or of any line or levelwill be verified by the Engineer but shall not in any way relieve the Contractor of hisresponsibility <strong>for</strong> the correctness thereof and the Contractor shall carefully protectand preserve all bench marks, sight rails, pegs and other things used in setting outthe Work. The Contractor shall from time to time recheck the setting out of theWork and notify the Engineer accordingly.21.0 FENCING, LIGHTING AND GUARDINGThe Contractor Shall be responsible <strong>for</strong> the proper fencing, lighting, guarding andwatching of all the Work on the Site until Taking-over and <strong>for</strong> the proper provisionduring a like period of temporary roadways, foot-ways, guards, and fences as far asthe same may be deemed necessary by reason of the Work <strong>for</strong> the accommodationand protection of the Board and occupiers of adjacent property, the public andothers.22.0 CARE OF WORKFrom the Commencement to the completion of the Work the Contractor shall takefull responsibility <strong>for</strong> the care thereof and of all Temporary Work and Contractor'sEquipment and in case any damage, loss or injury shall happen to the Works or toany part thereof or to any Temporary Work or Contractor's Equipment from anycause whatsoever shall at his own cost, repair and make good the same so that atcompletion, the Work shall be in good order and condition and in con<strong>for</strong>mity inevery respect with the requirements of the Contract and the Engineer's instructions.The Contractor shall also be liable <strong>for</strong> any damage to the Work occasioned by himin the course of any operations carried out by him <strong>for</strong> the purpose of the complyingwith his obligations under this Contract.23.0 FORCE MAJEUREThe term "Force Majeure" means any cause beyond the control of the Board or theContractor which the Board or the Contractor could not <strong>for</strong>esee and or reasonablyprovide against at the time the Contract was made and which prevents the Boardor the Contractor from wholly or partly per<strong>for</strong>ming any duties under the Contract.Force Majeure includes, but is not limited to, any of the following :75


- War, revolution, insurrection or hostilities (whether declared or not);- Riot, civil commotion, or civil uprising- Earthquake, flood, tempest, hurricane, lightning or other natural disasters;- Any fire of major proportions;- Epidemic;- Port Congestion.If any event occurs constituting Force Majeure the Board or the Contractor shallgive written notice to the other party of the Contract as the case may be, as soonas possible after the occurrence but within fifteen (15) days of the event, includinga statement describing the Force Majeure event and its effect upon theper<strong>for</strong>mance of this Contract. The parties shall within ten (10) days after suchnotice, consult each other regarding action to be taken. In the event of a ForceMajeures the Contractor unless otherwise directed by the Board in writing, shallcontinue to undertake and per<strong>for</strong>m the duties set <strong>for</strong>th in this Contract so far ascircumstances admit. In the event of a Force Majeure resulting in a suspension ofthe Work, this Contract may be extended subject to the mutual agreement of theparties to the Contract by a period equal to that <strong>for</strong> which the Board or theContractor was prevented from per<strong>for</strong>ming.If the Board's or the Contractor's inability to per<strong>for</strong>m by reason of Force Majeurelasts more than ninety (90) days after notice has been given to the either party asthe case may be, the Board or the Contractor may :i) request <strong>for</strong> an extension of time schedule.ii) or request <strong>for</strong> termination of the Contract in the event of which the parties shallnegotiate an equitable adjustment.Failure to arrive at a mutually acceptable equitable adjustment shall be a disputeunder Clause Arbitration.24.0 DAMAGE TO PERSONS AND PROPERTYThe Contractor shall (except in so far as the Contract provides otherwise) indemnifyand keep indemnified the Board/Engineer against all losses and claims <strong>for</strong> injuriesor damage to any person or any property whatsoever, including surface or otherdamage to land or crops being on the Site suffered by tenants or occupiers, whichmay arise out of or in consequence of the execution of the Work and against allclaims, demands, proceedings, damages, costs, charges and expenses whatsoeverin respect of or in relation thereto, provided always that nothing herein containedshall be deemed to render the Contractor liable <strong>for</strong> or in respect of or to indemnifythe Board/Engineer against any compensation or damages <strong>for</strong> or with respect to :(a)The permanent use or occupation of land by the Work or any part thereof.76


(b)(c)(d)The right of the Board to execute the Work or any part thereof on, over,under, in or through any land.Interference whether temporary or permanent with any right of lights, air,way or water or other easement or quasi-easement which is theunavoidable result of the construction of the Work in accordance with theContract.Injuries or damage to persons resulting from negligence committed duringthe currency of the Contract by the Board, his agents servants or otherContractors employed by the Board, (not being employed by the Contractor)or <strong>for</strong> or in respect of any claims, demands, proceedings damages, chargesand expenses in respect thereof or in relation thereto.Provided further that <strong>for</strong> the purpose of this Clause the expression “the Site" shallbe deemed to be limited to the area defined in the specifications or shown on thedrawings in which land and crops will be disturbed or damaged as an inevitableconsequence of the carrying out of the Work.25.0 ACCIDENT OR INJURY TO WORKMENThe Board will not be liable <strong>for</strong> or in respect of any damages or compensationpayable by law in respect or in consequence of any accident or injury to anyworkman or other person in the employment of the Contractor or anySubcontractor save and except an accident or injury resulting from any act ordefault of the Board, his agents or servants and the Contractor shall indemnify andkeep indemnified the Board against all such damages and compensation, save andexcept as a<strong>for</strong>esaid, and against all claims, demands., proceeding, costs. chargesand expenses whatsoever in respect thereof or in relation thereto.The Contractor, shall insure against such liability with an insurer approved by theBoard, which approval will not be unreasonably withheld, or as required by Law andshall continue such insurance during the whole of the time that any persons areemployed by him on the Work and shall provide the Board and the Engineer 'with acopy of such policy of insurance and the receipt <strong>for</strong> payment of the currentpremium.Provided always that in respect of any persons employed by Subcontractor theContractor's obligation to insure as a<strong>for</strong>esaid under this sub-clause shall be satisfiedif the Subcontractor shall have insured against the liability in respect of suchpersons in such manner that the Board is indemnified under the policy but theContractor shall require such Subcontractor to provide to the Board and theEngineer with a copy of such policy of insurance and the receipt <strong>for</strong> payment of thecurrent premium or evidence that it has complied with the law in this respect.All accidents shall be reported by the Contractor directly to the appropriate CivilAuthority as per Regulations remaining in <strong>for</strong>ce.26.0 CONTRACTOR’S OBLIGATION TO INSUREThe Contractor shall provide to the Board and the Engineer copies of Policy orpolicies of insurance, undertaken by the Contractor <strong>for</strong> detailed security andapproval. The Board may accept or reject any company policy or section thereof,77


which in the Board's opinion do not meet the intent of Clause “INSURANCE”. Thecontractor shall provide draft copies of his proposed contracts of insurance to theBoard immediately after such insurance come into effect.The Board reserves the right to effect the insurance referred to in this Clause at hisown cost and under his own arrangement, in which case this Clause shall not beapplicable. The Tenderer shall there<strong>for</strong>e, quote separately the cost of Insurancesreferred to in the appropriate spaces provided <strong>for</strong> in the Schedule of Prices.In case the Insurances are arranged by the Board, the Contract Price shall beadjusted accordingly.All insurance Policies shall provide that the insurance shall not without approval ofthe Board, be cancelled reduces, restricted, or changed in any way without at leastfifteen(15) days' written notice being given to the Board and sent by registeredmail to the head office of the Board. In the event of any such cancellation,reduction, restriction or change in any insurance, the Contractor shall immediatelyreplace such insurance.If the Contractor shall fail to effect and keep in <strong>for</strong>ce the insurance or any otherinsurance which he may be required to effect under the term of the Contract or ifhe should fail to provide evidence of this insurance being kept in effect then and insuch case the Board will effect and keep in <strong>for</strong>ce any such insurance and pay suchpremiums as may be necessary <strong>for</strong> that purpose and from time to time deduct theamount so paid by the Board from any monies due or that may become due to theContractor or recover the same as a debt due from the Contractor. It is expresslyprovided that any action on the part of the Board in this respect will in no waychange or reduce the Contractor's responsibilities and liabilities under this Contract.27.0 PATENT RIGHTSThe contractor shall fully indemnify the Board against all actions, claims, demands,costs, charges and expenses arising from or incurred by reason of any infringementof letters patent, design, trademark or copyright protected in the country of supplyor manufacture or in the country in which the Plant or Work is to be erected by theuse of any Plant supplied or equipment or appliances or material used by the Workotherwise than <strong>for</strong> the purpose indicated by or reasonably to be inferred from theSpecifications.In the event of any claim being made or action brought against the Board arisingout of the matters referred to in this Clause, the Contractor shall be promptlynotified thereof and may at his own expense conduct all negotiations <strong>for</strong> thesettlement of the same, and any litigation that may arise therefrom.The <strong>board</strong> will not, unless and until the Contractor shall have failed to take over theconduct of the negotiations or litigation, make any admission, which might beprejudicial thereto. The conduct by the Contractor of such negotiations or litigationshall be conditional upon the Contractor having first given to the Board suchreasonable security as shall from time to time be required by the Board to coverthe amount ascertained or agreed or estimated as the case may be, of anycompensation, damages, expenses, and costs <strong>for</strong> which the Board may becomeliable in respect of such infringement as a<strong>for</strong>esaid. The Board will, at the request78


of the Contractor, af<strong>for</strong>d all available assistance <strong>for</strong> the purpose of contesting anysuch claim or action, and shall be repaid any expenses in so doing.The Board on his part warrants that any design or instructions furnished or givenby him will not be such as to cause the Contractor to infringe any letters patent,registered design, trademark, or copyright in the per<strong>for</strong>mance of the Contract.28.0 ARBITRATIONBe<strong>for</strong>e bringing any action in court pertaining to a decision of the Engineer, theobjector (hereinafter referred to as party A) to the decision shall first offer toarbitrate the question with the other party to the Contract (hereinafter referred toas party B) by notifying him in writing and setting <strong>for</strong>th in such notice the questionto be arbitrated.Party B can elect to arbitrate or not. If party B agrees to arbitrate he shall soadvise does not wish to arbitrate or failure of party B to notify party A within thethirty(30) days period will give party A the right to start action in court.If party B agrees to arbitrate, the same shall be referred to arbitration and finaldetermination of a single arbitrator nominated by agreement between theContractor and the Board or, failing agreement, by and arbitrator appointed by thecourt of arbitration of the International Chamber of Commerce, 38, Cours Albert ler,Paris, France, or other International Agency mutually agreed upon by the Boardand the Contractor.The arbitrator if he shall desire it or if one of the parties to the dispute recommendsit shall have the assistance of a legal adviser. To any proceedings under thisClause the provisions of the Bangladesh Arbitration act of 2001 and itssubsequent amended time to time shall apply. The Work under this Contractshall, if reasonably possible, continue during the arbitration proceedings, and nopayment due to the Contractor shall be withheld on account of such proceedings.Reference to arbitration shall be a condition precedent to any other action of law.The venue of arbitration shall be at Dhaka.In any arbitration or litigation, the parties shall be at liberty to rely on reasons inaddition to those stated in any protests or objections.29.0 PROVISION FOR EMERGENCIESWhenever, in the opinion of the Engineer, the Contractor has not taken sufficientprecaution <strong>for</strong> the safety of the public or the protection of the Work under thisContract, or of adjacent structures or property which may be injured by processesof the Work on account of such neglect, and whenever, in the opinion of theEngineer, an emergency shall arise and immediate action shall be considerednecessary in order to protect public or private personal or property interests, thenthe Board, with or without notice to the Contractor, may provide Suitable protectionto the said interests by causing such work to be done and material to be furnishedand placed as the Board may consider necessary and adequate. The cost andexpense of such work and material so furnished shall be borne by the Contractor,and if the same shall not be paid on presentation of the bills there<strong>for</strong>e, such costsshall be deducted from any amounts due or to become due to the Contractor. The79


per<strong>for</strong>mance of such emergency work shall in no way relieve the Contractor ofresponsibility <strong>for</strong> damage which may occur during or after such precaution hasbeen duly taken.30.0 INSPECTION, TESTING, PROGRESS AND EXPEDITING DURING MANUFACTUREThe Engineer shall be entitled at all reasonable times during manufacture toinspect, examine, and test on the Contractor's premises the materials andworkmanship of all Plant to be supplied under the Contract, and if part of the saidplant is being manufactured on other premises the Contractor shall obtain <strong>for</strong> theEngineer permission to inspect, examine and test as if the said Plant were beingmanufactured on the Contractor's premises. Such inspection, examination ortesting, if made, shall not release the Contractor from any obligation under theContract.The Contractor shall co-operate with and provide full opportunity to the Engineer toregularly monitor the progress of manufacture in the Works of the Contractor andSubcontractor to the detailed extent necessary to establish that satisfactoryprogress relative to the Contract Schedule is being achieved.All pertinent in<strong>for</strong>mation such as shop loading, detailed manufacturing programmesto enable the Engineer to determine the adequacy of the advance planning <strong>for</strong>material procurement, machine and man<strong>power</strong> resources to meet the ContractSchedule shall be made freely available to the Engineer when visiting themanufacturing facilities.These requirements shall be incorporated in orders placed with major subsuppliers.The Contractor shall give the Engineer reasonable notice in writing of the date onand the place at which any plant will be ready <strong>for</strong> testing as provided in theContract and unless the Engineer shall attend at the place so named twentyeight(28) days in advance of the date which the Contractor has stated in his noticethe Contractor may proceed with the tests, which shall be deemed to have beenmade in the Engineer's presence, and shall <strong>for</strong>thwith <strong>for</strong>ward to the Engineer dulycertified copies of the test readings. The Engineer will give the Contractor notice inwriting of his intention to attend the tests.Where the Contract provides <strong>for</strong> tests on the premises of the Contractor or of anysubcontractor, the Contractor shall provide such assistance, labour, materials,electricity, fuel, stores, apparatus and instruments as may be required and as maybe reasonably demanded to carry out such tests efficiently.31.0 ACCESS TO SITEThe Board/Engineer and any person authorised by them will at all times haveaccess to the Works and to the Site and to all workshops and places where Work isbeing prepared or whence materials, manufactured articles or machineries arebeing obtained <strong>for</strong> the Work and the Contractor shall af<strong>for</strong>d every facility <strong>for</strong> andevery assistance in obtaining the right to such access.80


32.0 RIGHT OF BOARD TO TERMINATE CONTRACTIf the Work to be done under this Contract shall be abandoned by the Contractor,or if his Contract shall be assigned by him otherwise than as herein provided, or ifthe Contractor would be adjudged bankrupt, or if a general assignment of hisassets be made <strong>for</strong> the benefit of his creditors, or if a receiver should be appointed<strong>for</strong> the Contractor or any of his property, or if at any time the Engineer shall certifyin writing to the Board that the per<strong>for</strong>mance of the Work under this Contract isbeing unnecessarily delayed, or that the Contractor is violating any of theconditions or covenants of this Contract or the Specifications there<strong>for</strong>e, or that he isexecuting the same in bad faith or otherwise not in accordance with the terms ofsaid Contract, or if the Work be not substantially completed within the time named<strong>for</strong> its completion or within the time to which such completion date may beextended, then the Board may serve written notice upon the Contractor and hissurety, of said Board's intention to terminate this Contract and, unless within thirty(30) days after the serving of such notice upon the Contractor, a satisfactoryarrangement is made <strong>for</strong> the continuance thereof, this Contract shall cease andterminate. In the event of such termination, the Board shall immediately servenotice thereof upon the surety and the Contractor, and the surety shall have theright to take over and complete the Work through employment of Contractorapproved by the Board, such approval not to be unreasonably withheld, provided,however, that if the surety does not commence per<strong>for</strong>mance thereof within sixty(60) days from the date of said notice of termination the Board may take over theWork and prosecute same to completion, by Contract or otherwise, <strong>for</strong> the accountand at the expense of the Contractor, and the Contractor and his surety shall beliable to the Board <strong>for</strong> any and all excess cost sustained by the Board by reason ofsuch prosecution and completion, and in such event the Board may take possessionof, and utilise in completing the Work, all such materials, equipment, tools, andplant as may be on the Site of the Work and necessary there<strong>for</strong>e.32.01 TERMINATION FOR CONVENIENCEThe Board reserves the right to terminate the Contract, in whole or in part, <strong>for</strong> itsconvenience. If the Contract is so terminated, an equitable downward adjustmentwill be made in the Contract Price resulting in a revised price that compensates theContractor fairly under all the circumstances <strong>for</strong> the Work per<strong>for</strong>med under theContract, but shall not include any compensation <strong>for</strong> unearned profit. The revisedprice shall be based on Contractor's cost and disbursements reasonably incurredand attributable to the Contract Work, as certified by Contractor and reviewed <strong>for</strong>substantiation by the Engineer, plus a reasonable profit thereon.If the Board shall fail to comply with per<strong>for</strong>mance or deadline requirementsimposed on him by the provisions of the Contract, time being of the essence, theContractor may, by written notice to the Board, advise the Board that it deems theBoard's failure to evidence an election on the part of the Board to terminate theContract <strong>for</strong> its convenience under this Clause and the Contract, on the giving ofsuch notice by Contractor shall be deemed terminated.33.0 REJECTIONIf at any time be<strong>for</strong>e the Work is taken over by the Engineer, the Engineer81


(a) decides that any work done or Plant supplied or materials used bythe Contractor or any Subcontractor is or are defective or not in accordancewith the Contract or that the Work or any portion thereof are defective ordo not fulfill the requirements of the Contract.(b) as soon as reasonably practicable gives to the Contractor notice inwriting of the said decision, specifying particulars of the defects alleged andof where the same as alleged to exist or to have occurred, and(c) so far as may be necessary places the Work at the Contractor'sdisposal, then the Contractor shall with all speed and at his own expensemake good the defects so specified. In case the Contractor shall fail to dothe Engineer may provided he does so without undue delay, take, at thecost of the Contractor, such steps as may in all circumstances be reasonablypracticable to make good such defects.The Contractor shall be entitled to remove and retain all Work that the Engineermay have replaced at the Contractor's cost.Nothing contained in this Clause will affect any claim by the Board under Clause45.0 (Liquidated Damages).34.0 SUSPENSION OF THE WORKThe Board reserves the right to suspend and reinstate execution of the whole orany part of the Work without invalidating the provisions of the Contract. Orders <strong>for</strong>suspension or reinstatement of the Work will be issued by the Board to theContractor in writing. The time <strong>for</strong> completion of the Work will be extended <strong>for</strong> aperiod equal to the duration of the suspension. Changes in Contractor's ContractPrice or delivery schedules which occur during a period of suspension ordered bythe Board shall not affect the Contract except as agreed by the Board and theContractor. The phrase "changes in delivery schedule" as used in the precedingsentence shall mean extension of the scheduled time of delivery in excess of thenumber of days of the suspension period. If the Contractor proposes to changeTime Schedule of the Contract, he shall present his proposal to the Board Inwriting. During the sixty (60) days period from and after the receipt by the Boardof such written proposal, the Board shall be permitted to reinstate the Workwithout change. If the Work is not reinstated during this sixty (60) days period,the Board and the Contractor shall agree upon reasonable and proper changes orthe Board may terminate the Works.Any necessary and demonstrable costs incurred by the Contractor as a result ofsuspension of the Work will be paid by the Board, unless otherwise specified,provided such costs are substantiated to the satisfaction of the Board.35.0 COMMENCEMENT OF THE WORKThe Contractor shall commence the work immediately after effectiveness of theContract and shall proceed with the Work with due expedition and without delay inaccordance with the provisions of the Contract Schedule except as may beexpressly authorised or ordered by the Engineer or be wholly beyond the82


Contractor's control to be intimated by the Contractor to the Board in time and bemutually agreed upon. The time is the essence in the execution of this Contract.36.0 POSSESSION OF SITEThe Board through the Engineer will, upon the date of the written order tocommence the field work, give to the Contractor possession of so much of the Siteas may be required to enable the Contractor to commence and proceed with theConstruction of the Work in accordance with the Contract Schedule.Access to and possession of the Site shall not be exclusive to the Contractor butonly such as shall enable him to execute the Work. The Contractor shall af<strong>for</strong>d tothe Board, to the Engineer and to other Contractors engaged upon the Site everyreasonable facility <strong>for</strong> the execution of Work concurrently with his own.37.0 TIME FOR COMPLETIONThe Work shall be completed in accordance with the Schedule specified in theContract. The Contractor will be required to furnish, <strong>for</strong> approval by the Engineer,a construction schedule setting <strong>for</strong>th in detail the procedure he proposes to follow,and give the date on which he expects to start and to complete separate portionsof the Work. The construction schedule shall be of the Critical Path Method (CPM)type in the <strong>for</strong>m of a network diagram and an activity listing. The network diagramshall show in detail and in orderly sequence all activities, their descriptions,duration and dependencies necessary to the completion of the Work. The activitylisting shall show the following in<strong>for</strong>mation <strong>for</strong> each activity on the networkdiagram:i) Identification of code numbers and descriptions.ii)iii)iv)Duration.Earliest start and finish dates.Latest start and finish dates.v) Total float time.Other scheduling methods may be utilised subject to the approval of the Engineer.If at any time in the opinion of the Engineer, proper progress is not beingmaintained, the Engineer will notify the Contractor in writing to take proper steps toexpedite progress so as to complete the work by the schedule time.The Contractor shall furnish the Engineer regular monthly and quarterly progressreports showing status and schedules of the supply of major or critical items andprogress of the Work. The Engineer shall also be kept in<strong>for</strong>med of any impendingor actual delays that may affect the progress of the Work.38.0 RATE OF PROGRESSThe whole of the materials, plant and labour to be provided by the Contractor andthe mode, manner and speed of execution of the Work shall be of a kind and83


conducted in a manner to the satisfaction of the Engineer. Should the rate ofprogress of the Work or any part thereof be at any time in the opinion of theEngineer too slow to ensure the completion of the Work by the prescribed time <strong>for</strong>completion, the Engineer will so notify the Contractor in writing and the Contractorshall thereupon take such steps, as the Contractor may think necessary and theEngineer may think necessary and the Engineer may approve, to expedite progressso as to complete the Works by the prescribed time or extended time <strong>for</strong>completion. The Contractor shall not be entitled to any additional payment <strong>for</strong>taking such steps.39.0 URGENT REPAIRSIf by reason of any accident or failure or other event occurring to in or inconnection with the Work or any part thereof either during the execution of theWork or during the warranty period any remedial or other work or repair shall inthe opinion of the Engineer be urgently necessary <strong>for</strong> security and the Contractor isunable or unwilling at once to do such work or repair the Board may by his own orother workmen do such work, or repair so done by the Board is work which theContractor was liable to do at his own expense under the Contract all costs andcharges properly incurred by the Board in so doing shall on demand be paid by theContractor to the Board or may be deducted by the Board from any monies due orwhich may become due to the Contractor. Provided always that the Engineer will assoon after the occurrence of any such emergency as may be reasonably practicablenotify the Contractor thereof in writing.40.0 CONTRACTOR TO CHECK PLANS AND SCHEDULESDuring the course of the Work, the Contractor shall check all dimensions elevations,and quantities shown on the plans and schedules related to the Work given to himby the Engineer, and shall notify the Engineer of any discrepancy found betweenthe plans and the conditions on the ground, or any error or omission in plans or inthe layout as given by staked points, or instruction, which he may discover. TheContractor will not take advantage of any minor error or omission in the plans orthe Contract Documents. Full instructions will be furnished by the Engineer shouldsuch error or omission be discovered, and the Contractor shall carry out suchinstructions as if originally specified.No work shown on the plans, the dimensions of which are not indicated, shall beexecuted until necessary dimensions have been obtained from the Engineer.41.0 LAWS AND REGULATIONSThe Contractor shall observe and comply with all applicable ordinances, laws andregulations in the Country or Countries where the Contractor may reside or per<strong>for</strong>mwork, directly or indirectly under this Contract. The Contractor shall protect andindemnify the Board and the Board's officers and agents against any claim orliability arising from or based on violation of ordinances, regulations, or laws of theCountry where the Contractor may reside or per<strong>for</strong>m any of the Work.The Contractor shall observe, comply with and respect Bangladesh laws, rules andregulations and shall not interfere with Bangladesh Political or religious affairseither directly or indirectly.84


The Contractor shall comply with such other rules and regulations as the Board andthe Engineer may establish from time to time with respect to the construction workand personnel employed by the Contractors provided such rules and regulationsshall not modify any of the Contract Documents.The Contractor shall, in all dealings with labour in his employ, have due regard toall recognised festival days of rest and religious or other customs.The Contractor shall not give or barter or otherwise dispose of, to any person orpersons, any arms or ammunition of any kind, or permit the same as a<strong>for</strong>esaid.In the event of any outbreak of illness of an epidemic nature the Contractor shallcomply with and carry out such regulations, orders and requirements as may bemade by the Government of the People's Republic of Bangladesh or the localmedical or sanitary authorities, <strong>for</strong> the purpose of dealing with and overcoming thesame.42.0 CHARACTER OF WORKMENThe Contractor shall employ only workmen who are competent to per<strong>for</strong>m theWork assigned to them and, in the case of skilled labour, <strong>for</strong>emen, leadsmen, andsupervisors, those who are actually trained and experienced in their respectivetrades and who do satisfactory work.Notwithstanding any security clearances which may be required or given by theGovernment of the People's Republic of Bangladesh, if any, the Contractor shall besolely responsible <strong>for</strong> determining the suitability <strong>for</strong> employment of all personnelper<strong>for</strong>ming services provided pursuant to the Contract.In all cases local labour shall be used to the greatest extent practical. The numberof key personnel imported shall be limited to that necessary to accomplish the Workon schedule and in a satisfactory manner, taking into consideration all factorsaffecting work of this nature in Bangladesh.The imported personnel of the Contractor shall respect all Bangladesh laws, rules,and regulations and shall not interfere with Bangladesh political or religious affairseither directly or indirectly and shall comply with such other rules and regulationsas the Contractor, the Board/Engineer may establish from time to time with respectto the imported personnel employed by the Contractor. The imported personnel ofthe Contractor shall work and live in harmony with their co-workers (both importedand Bangladesh) employed on the Work and at all times conduct themselves in anorderly manner. The imported personnel shall not engage, directly or indirectly, inany other employment, service or business whatever, nor shall they take part inlocal politics.The local employees of the Contractor shall abide by all Bangladesh laws, rules, andregulations. The Contractor shall con<strong>for</strong>m to all Bangladesh laws and regulationspertaining to the employment of Bangladesh nationals <strong>for</strong> the specific Work coveredby these Specifications.85


The Contractor shall at all times take reasonable precautions to prevent anyunlawful, riotous or disorderly conduct by, or amongst his employees, and <strong>for</strong> thepreservation of peace and protection of persons and property in the neighbourhoodof the Work against the same.Whenever the Engineer's Representative shall notify the Contractor in writing thatany man on the Work is, in his opinion, incompetent, unfaithful, or disorderly, orwho uses threatening or abusive language to any person representing the Boardwhen on the Work, such man shall be immediately discharged from the Work andshall not be re-employed thereon except with the consent of the Engineer. TheContractor shall replace such employees so discharged as is practical if replacementis required.All imported personnel of the Contractor under this Contract shall remainemployees of the Contractor and shall receive their salaries and allowances directly<strong>for</strong>m the Contractor. The Contractor agrees not to discriminate against anyemployee or applicant <strong>for</strong> employment by reason of race, colour or national originin carrying out this Contract.The Contractor shall be responsible <strong>for</strong> observance of his Subcontractors of the<strong>for</strong>egoing provisions.43.0 WORKING HOURSNo work shall be done on legal Bangladesh holidays or at times other than theregularly established working hours without the written approval of the Engineer.However, work necessary in case of emergencies or <strong>for</strong> the proper case, receipt,unloading, transporting, maintenance, and protection of equipment or finished workmay be done without prior approval.This requirement shall not preclude the Contractor's use of scheduled overtimework and such work may be established by the Contractor, as a regular procedure,with the written permission of the Engineer; such permission, however, may berevoked at any time by the, Engineer if the Contractor fails to maintain adequateequipment and supervision <strong>for</strong> proper prosecution and control of the Work and alloperations per<strong>for</strong>med thereunder.44.0 UNFAVOURABLE CONSTRUCTION CONDITIONSDuring unfavourable weather, the Contractor shall confine his operations toportions of the Work which will not be affected adversely thereby. No portion ofthe Work shall be constructed under conditions which would affect adversely thequality or efficiency thereof, unless special means or precautions are taken by theContractor to per<strong>for</strong>m that portion of the Work in a proper and satisfactory manner.45.0 LIQUIDATED DAMAGES AND REWARDIt is understood and agreed that time is the essence of the Contract. Should theContractor fail to complete the specified supply and portions of the Work within theperiods of time stipulated in the Contract, after due allowance <strong>for</strong> any extension oftime which may be granted under the provisions set <strong>for</strong>th hereinafter, theContractor shall pay to the Board Liquidated Damages <strong>for</strong> 'each" day of default.The amount of the Liquidated Damages shall be assessed at the rate of 0.10percent of total contract price <strong>for</strong> each calendar day of default in completion of86


initial commercial operation (ICO) as guaranteed in Schedule-A [Guarantee], Vol. 3of 3 applicable <strong>for</strong> the plant. Further, should the plant or the equipment furnishedby the Contractor fails to meet the specified Per<strong>for</strong>mance Guarantee stipulated inrespective Technical Requirements and Technical Particulars then the Contractorshall pay to the Board the Liquidated Damages computed in accordance with theprovisions of the Clause 30.0 of Chapter III, Special Conditions.To determine the LIQUIDATED DAMAGES <strong>for</strong> the delayed completion of ICO, thetotal contract price of the plant shall be considered.For early completion of the contract, Tenderer shall be rewarded at the rate of0.025% of contract price <strong>for</strong> each calendar day, which will not exceed 2.5% of theContract Price.In the matter of assessment of Liquidated Damages on account of failure toachieve guaranteed <strong>power</strong> output/heat rate and failure to complete the specifiedsupply and/or work within the period of time stipulated in Contract, considerationshall be made <strong>for</strong> the plant and Liquidated Damages assessed as per terms of theContract.The Board shall have the right to deduct any unpaid Liquidated Damages from anymonies in its hands or otherwise due, or to become due, to the Contractor, or tosue <strong>for</strong> and recover compensation <strong>for</strong> such Liquidated Damages includingencashment of the Per<strong>for</strong>mance Security.The payment by the Contractor of the Liquidated Damages is in lieu of all otherliabilities to the Board <strong>for</strong> damages arising from delays and the ceiling of LiquidatedDamages expressed constitute the ceiling of the Contractor's liability <strong>for</strong> delay incompletion of the Work, and beyond this ceiling the Contract can be terminatedunder the provision of this Contract.46.0 HINDRANCES AND DELAYSIn executing the Contract, the Contractor expressly covenants and agrees that . inundertaking to complete the Work within the time therein fixed, he has taken intoconsideration and made allowances <strong>for</strong> all hindrances and delays incident to suchWork, whether growing out of delays in securing materials or workmen orotherwise. No charge shall be made by the Contractor <strong>for</strong> hindrances or delaysfrom any cause during the progress of the Work, or any portion thereof, embracedin this Contract.47.0 EXTENSION OF TIMEShould the Contractor be delayed in the final completion of the Work by any causeor causes outside of and beyond the control of the Contractor, such as but notlimited to acts of the public enemy, war, blockades. insurrections, riots, epidemics,civil disturbances, strikes, fire, and other causes not within the control of theContractor, including acts of the Board, which makes the per<strong>for</strong>mance of theContract unfeasible and which by the exercise of due diligence the Contractor inper<strong>for</strong>mance of the Contract is unable to overcome, then an extension of timesufficient to compensate <strong>for</strong> the delay, as recommended by the Engineer, shall begranted by the Board and the Contractor shall not be charged with LiquidatedDamages <strong>for</strong> such delay; provided, however, that the Contractor shall give theBoard and the Engineer notice in writing of the cause of delay in each case within87


ten (10) days after determination of the cause has been made, and shalldemonstrate that he has used all reasonable means to minimize the delay. If suchnotice is not given within ten (10) days in writing, then no claim shall be made <strong>for</strong>an extension of time <strong>for</strong> the period of delay.If any such delays last <strong>for</strong> more than ninety (90) days or if the cumulative effect ofthe prior delays plus the then current delay is the total delay of more than ninety(90) days, the parties shall at any time thereafter on the basis on which theContractor shall immediately consult with each other <strong>for</strong> the purpose of agreeingupon the basis on which the Contractor shall resume work at the end of the delay.If they do not agree upon a solution of the problems involved, including adjustmentof the price, if justified, within sixty (60) days from the ninetieth (90 th ) day of suchdelay, then either party may, by written notice, cancel that portion of the Workwhich is delayed and in such event the Board shall pay to the Contractorreasonable and proper cancellation charges as mutually agreed.Extension of time will not be granted <strong>for</strong> delays caused by inadequate work <strong>for</strong>ce,or the failure of the Contractor to place orders <strong>for</strong> equipment or materials sufficienttime in advance to ensure delivery when needed, unless such causes are beyondthe Contractor's control in which case the <strong>for</strong>egoing paragraphs shall apply.Extension of time may be granted <strong>for</strong> unfavourable weather only in those caseswhere the weather is unseasonal and sufficiently severe or unusually extended toprevent the Contractor from working. In each such case, the Contractor'sauthorised representative shall notify the Engineer's representative immediately <strong>for</strong>agreement and confirmation, whereupon the Engineer shall confirm with approvalof the Board, the authorisation in writing to the Contractor within seven (7) days ofsuch notification.48.0 MATERIALS AND EQUIPMENTUnless specifically provided otherwise in each case, all materials and equipmentfurnished <strong>for</strong> permanent installation in the Work shall con<strong>for</strong>m to applicablestandard specifications and shall be new, unused, and undamaged when installedor otherwise incorporated in the Work. No such material or equipment shall beused by the Contractor <strong>for</strong> any purpose other than that intended or specified,unless such use is specifically authorised by the Engineer in each case.After signing of the Contract, Contractor shall not change the manufacturer,specification of any equipment/ materials without prior approval of the BOARD. Ifany such change is detected be<strong>for</strong>e issuance of Final Acceptance Certificate,Contractor have to replace the Equipment/ materials by those as mentioned in thecontract at his own cost. If Contractor failed to oblige, BOARD has the right todeduct full cost of such equipment/ materials <strong>for</strong>m the amount payable againstContractor's bill/ invoice/ per<strong>for</strong>mance guaranty.When equipment or material furnished by the Contractor cannot be installed asspecified or as shown on the plans, the Contractor shall, without extra cost to theBoard, make all modifications required to properly install the equipment or materialsuch modifications shall be subject to approval of the Engineer.Excess and un-used goods imported <strong>for</strong> permanent installation <strong>for</strong> which customsduties, sales tax etc. have been paid by the Board shall be the property of theBoard. At the completion of the Project, the Contractor shall prepare a properinventory of the excess and un-used goods and hand over the same to the Board.88


49.0 CLEAN UP OF SITEThe Contractor shall clean the working areas periodically of all trash and wastematerials and shall maintain the Site in a neat and orderly condition throughout theconstruction period. The Engineer shall have the right to determine what is wastematerial or rubbish and the manner and place of disposal. On or be<strong>for</strong>e thecompletion of the Work the Contractor shall, without charge there<strong>for</strong>e, carefullyclean out all pits, pipes, chambers or conduits, and shall tear down and remove alltemporary structures built by him, and shall remove all rubbish of every kind fromthe tracts or grounds which he has occupied and shall leave them in first classcondition.In the event that the Contractor fail to comply with the cleanliness requirement orto per<strong>for</strong>m the clean up work assigned to him by the Board the Board will reservethe right to hire another contractor to per<strong>for</strong>m the necessary cleaning work and theContractor shall reimburse the Board f or the cost of all such clean up work.50.0 WARRANTYThe Contractor warrants that each item of materials, equipment and the workfurnished under this Contract will be as specified and will be free from all defects indesign, workmanship, materials & equipment etc. The warranties contained inthese Contract Documents are the warranties made by Contractor with respect tothe design, material, equipment and the work. If within the warranty period set<strong>for</strong>th below, any part of the material, equipment, any defects in design or the Workfails to meet the warranty, the BOARD will notify the Contractor and theContractor shall promptly correct any defects, including non-con<strong>for</strong>mance with thespecifications, by adjustment, repair or replacement of any and all defective partsor materials.Unless otherwise specified, the warranty period hereunder shall begin on the dateof Taking-over by the BOARD or date of Completion Certificate issuance (whicheveroccurs first) and shall end after twenty-four (24) months. During the warrantyperiod, if any equipment/material is damaged and replaced by the Contractor, freshwarranty period <strong>for</strong> twenty four (24) months shall be counted <strong>for</strong> the replacedequipment/material.During the warranty period of 24 months, duration of unscheduled outages due toContractor’s fault shall be worked out, which shall be added to 24 months warrantyperiod i.e. warranty period shall be extended accordingly by such unscheduledoutages.During the warranty period of 24 months, the Contractor shall supply all necessaryequipment/ equipment parts, materials/consumables at his own cost.The Contractor shall pay all costs <strong>for</strong> correction of defects, including shop and fieldlabour and supervision transportation parts, supplies and special tools.The Contractor will be given an opportunity to confirm the existence of the defectbut he shall not delay the correction while making such determination. This sectionstates the limit of the Contractor's liability <strong>for</strong> defects <strong>for</strong> which it is responsible.When it is necessary to dismantle Piping, ducts, machinery, equipment or otherwork furnished or per<strong>for</strong>med by the Contractor in order to obtain access to theWork, the cost of all such dismantling and re-assembly will be paid by theContractor.89


The Contractor shall extend the provisions of this warrant to cover all repaired andreplacement parts furnished under the warranty provision <strong>for</strong> a period of twentyfour (24) months from the date of installation thereof.If within twenty (20) days after the BOARD gives the Contractor notice of a defect,the Contractor neglects to make or undertake with due diligence to make thenecessary corrections, the BOARD is hereby authorised to make the corrections byhimself or order the Work to be done by a third party, and the cost of thecorrections shall be paid by the Contractor.The BOARD will be permitted to make repairs or replacements of equipmentwithout affecting the warranty or without prior notice to the Contractor so long asthe repairs or replacements involve the correct installation of spare parts. TheBOARD shall also be permitted to adjust or test equipment as outlined in instructionmanuals provided by the Contractor or as directed by the Contractor'sRepresentative. During major repairs or replacement or CI works, respectivemanufacturer’s representative shall be present.In the event of an emergency where in the judgement of the BOARD the delayresulting from giving <strong>for</strong>mal notice would cause serious loss or damage which couldbe prevented by immediate action, defects may be corrected by the BOARD or athird party chosen by the BOARD without giving prior notice to the Contractor andthe cost of the corrections shall be paid by the Contractor. In the event such actionis taken by the BOARD, the Contractor will be notified promptly and shall assistwherever possible in making the necessary corrections.The Contractor shall provide One (1) Competent Engineer who will supervise theoperation of the plant and be in overall charge of the Plant, one (1) Engineer <strong>for</strong>Electrical Maintenance and Control Sytems & one (1) Engineer MechanicalMaintenance during 24 months warranty period <strong>for</strong> smooth maintenance andoperation of the Plant. Bio-data (CV) of above Engineers have to be submitted bythe Tenderer <strong>for</strong> approval from <strong>BPDB</strong> be<strong>for</strong>e Initial Commercial Operation (ICO).During warranty period the above mentioned Engineers jointly with <strong>BPDB</strong>'SEngineers/Staff shall have to per<strong>for</strong>m the operation & maintenance of the plantwhich will ensure the operation and maintenance of the plant after the warrantyperiod by <strong>BPDB</strong> personnel exclusively. For this purpose, quarterly progress report of<strong>BPDB</strong> Personnel shall have to be submitted to the authority by the abovementioned Engineers showing the progress of <strong>BPDB</strong> Personnel <strong>for</strong> safe & reliableoperation and maintenance of the plant independently.50.01 Penalty During Warranty Period :During warranty period, tripping/ unscheduled shutdown of the plant due tocontractor’s/ machine’s (installed by contractor) fault shall be allowed <strong>for</strong> maximum02 times/month. After each tripping/unscheduled shutdown, Plant outage time ofmaximum 06 hours will be allowed. If Nos. of tripping/unscheduled shutdown ismore than 02 times/ month, amount of penalty will be 0.005% of contract price <strong>for</strong>every additional tripping/ unscheduled shutdown. In addition, if outage of the unitafter each tripping/ unscheduled shutdown continues <strong>for</strong> more than 06 hours(tripping/ shutdown time to synchronising time) additional penalty will be 0.005%of contract price <strong>for</strong> every additional outage hours. At the end of every month, unitoperation/ shutdown report will be prepared by the Project Director/ Manager ofthe Power station and penalty will be imposed on the contractor on monthly basis.This penalty will be in addition to the Liquidated Damages [as per Clause GC 45.0]90


on account of failure to achieve guaranteed net <strong>power</strong> output, heat rate,trans<strong>for</strong>mer loss and failure to complete the specified supply and/ or work withinthe period of time stipulated in the Contract.In the case of individual trips/ unscheduled shutdown of the units of the plant, thepenalty shall be proportional to the reduction of <strong>power</strong> from the offered net output.Load restriction (partial load operation due to contractor's or machine fault) willalso be considered as unscheduled shutdown and these period will be calculatedand penalised proportional to the reduction of energy (MWhr) from the offered netenergy (MWhr) <strong>for</strong> these period.51.0 CLAIMS FOR LABOUR AND MATERIALSThe Contractor shall indemnify and save harmless the Board from all claims <strong>for</strong>labour and materials furnished under this Contract.52.0 MAINTAINING COMMERCIAL OPERATIONThe Contractor shall prosecute the Work in such a manner that the minimumdisturbance to maintaining commercial operation of the existing <strong>power</strong> system andappurtenances will result. Any outage of <strong>power</strong> shall be requested in writing to theBoard at least five (5) days in advance and shall be scheduled during weekends,nights, or other periods of low demand. Any operations that may endanger theintegrity of the <strong>power</strong> system shall first be cleared with the Board.53.0 CUTTING INTO EXISTING WORKCutting into existing work that will affect commercial operation or integrity of the<strong>power</strong> system shall be conducted in accordance with Clause 52.0, "MAINTAININGCOMMERCIAL OPERATION". Cutting into transmission / Auxiliary system andcommunication system, or other work not involving the above shall be per<strong>for</strong>med insuch a manner that the per<strong>for</strong>mance of the existing system will not be adverselyaffected, except <strong>for</strong> temporary personnel inconvenience. After putting inthe new work, the existing work shall be returned to satisfactory and safe condition,equivalent or better, than it was found.54.0 MAJOR ECONOMIC DISLOCATION : Deleted55.0 PAYMENT OF DUTIES, TAXES, VAT, FEES AND OTHER TAXES:55.01 a) For Contractor’s equipment, materials and servicesThe Contractor shall be entirely responsible <strong>for</strong> all Bangladesh Custom and Importduties, VAT, taxes and all other levies imposed under applicable law of Bangladesh<strong>for</strong> Importation of Contractor’s Construction equipment, tools and materialsrequired <strong>for</strong> implementation of the contract in Bangladesh which shall be importedon the condition to be exported after completion of the work, if the same are notexempted from such taxes, VAT & levies. The Board shall assist to the contractor toobtain exemption from NBR [National Board of Revenue] or CCIE [Chief Controller91


of Import & Export] <strong>for</strong> import of the contractor’s equipment and materials on thebasis of re-export.b) Bangladesh Income tax and VATThe Contractor shall be entirely liable to pay all Income Tax, VAT and all othertaxes of similar nature arising out of this contract <strong>for</strong> both Foreign & Local currencyportion of the Contract Price at the prevailing rule of the Government which shallbe deducted at source during payment of bills <strong>for</strong> onward deposition of the sameinto Government Treasury.c) Foreign country Taxes and PermitsThe Contractor shall pay all sales, income and other taxes and duties, tariffs andimports that can be lawfully assessed against the contractor by the Government orany lawful authority of any country other than the people's Republic of Bangladeshwhich has jurisdiction over the contractor in connection with this contract and shallpay <strong>for</strong> all licenses permits and inspection required <strong>for</strong> the work including the costor securing all export licenses and permits <strong>for</strong> materials, equipment, supplies andpersonnel exported from that country to Bangladesh.55.02 CUSTOMS AND IMPORT DUTIES, LEVIES AND ALL OTHER CHARGES FORPERMANENT MATERIAL OF THE PROJECT.The Contractor shall obtain all import permits or licenses required <strong>for</strong> any part ofthe work within the terms stated in the program or if not so stated, in reasonabletime having regard to the time <strong>for</strong> delivery of the work and the time <strong>for</strong> completion.The Board shall pay all Bangladesh customs and import duties and all other leviesarising from the importation of all permanent material and equipment under thecontract, The Board shall provide its extreme ef<strong>for</strong>t to pay such levies in a timelymanner to avoid any extra cost thereon. The contractor shall submit to the owner 5(five) copies of non-negotiable shipping <strong>document</strong> ahead of shipment <strong>for</strong> arrangingpayment of such taxes and clearing the materials in time.The Board shall not bear any expenditure on account of import of cement, if any,by the Contractor.Normally, equipment and materials that will be incorporated in the permanentworks shall be transported by vessel. If the Contractor decides to air freight anyitems, the excess customs duty to be levied by customs authorities and excessfreight on account of air freight shall be borne by the Contractor.55.03 CONTRACTOR'S RESPONSIBILITY TO GET ACQUAINTED WITH BANGLADESHLAWS, IMPORT POLICY, ETC.The Contractor shall get himself acquainted with the relevant Bangladesh Laws aswell as the Import Policy of the Government of People's Republic of Bangladeshremaining in <strong>for</strong>ce regarding import of banned items, if any, during the execution ofthe Contract. In case of import of any banned items and/or contraband item, theconsequential effect shall rest with the Contractor. Similarly the Contractor shall beresponsible <strong>for</strong> any non-con<strong>for</strong>mance of Bangladesh Laws either by his own92


employees or any of the employees of his Subcontractors during execution of theContract.56.0 CONTRACTOR'S BREAK DOWN ESTIMATEThe Contractor shall prepare and submit to the Engineer <strong>for</strong> approval a breakdownestimate <strong>for</strong> and covering each lump sum price of installation work stated in theContract. The breakdown estimate, showing the value of each kind of work, shallbe submitted to and approved by the Engineer be<strong>for</strong>e any partial payment estimateis prepared. Such items as Security premium, temporary facilities, and plant maybe listed separately in the breakdown estimate, provided that their costs can besubstantiated.The sum of the items listed in any breakdown estimate shall equal the ContractLump Sum Price or Prices listed as separate items. Overhead and profit shall not belisted as separate items.An unbalanced breakdown estimate, providing <strong>for</strong> overpayment of the Contractoron items of the Work which would be per<strong>for</strong>med first under the lump sum item orthe Contract, will not be accepted and shall be revised and resubmitted untilacceptable to the Engineer.57.0 DEFENSE OF SUITSIn case any action at law or suit in equity is brought against the Board or theEngineer or any officer or agent of either of them, <strong>for</strong> or on account of the failure,omission, or neglect of the Contractor to do and per<strong>for</strong>m any of the covenants,acts, matters, or things by this Contract undertaken to be done or per<strong>for</strong>med, or <strong>for</strong>the injury or damage caused by the negligence or alleged negligence of theContractor or his Subcontractors or his or their agents, or in connection with anyclaim or claims based on the lawful demands of Subcontractors, workmen, material,men, or supplies of machinery and parts thereof, equipment, <strong>power</strong> tools andsupplies incurred in the fulfillment of this Contract, the Contractor shall indemnifyand save harmless the Board and the Engineer and their officers and agents, of andfrom all losses, damages, costs, expenses, judgments, or decrees whatever arisingout of such action or suit that may be brought as a<strong>for</strong>esaid. The Contractor shall bepermitted to participate on the defense of any suit.58.0 GOVERNMENTAL AUTHORISATIONThe Board will assist the Contractor <strong>for</strong> obtaining any required authorisation andexport licenses <strong>for</strong> exporting tolls, equipment, test equipment, unused materials,and the like, all of which are and remain the property of the Contractor, fromBangladesh at the conclusion of the work. The Board shall have the first option topurchase <strong>for</strong> fair value any of the Contractor's plant, equipment, tools, materials,and supplies which are imported <strong>for</strong> use in the per<strong>for</strong>mance thereof andsubsequently offered <strong>for</strong> sale in Bangladesh, but the Contractor is relieved of anyresponsibility to recognise the option and may sell to anyone at the best priceobtainable in the event that Board does not exercise the option within thirty (30)days of Board's receipt from the Contractor of written notice of the intent to sell,provided, however, that the Contractor will observe usual Government Regulationwith regard to sale of such imported goods in Bangladesh.93


59.0 LOSSES FROM NATURAL CAUSESAll loss or damage arising out of the nature of the Work, or from the action of theelements, or overflows, or from ground water, or from any unusual obstruction ordifficulty, or any other natural or existing circumstances <strong>for</strong>eseeable, which may beencountered in the prosecution of the Work, shall be sustained and borne by theContractor at his own cost and expense.60.0 INSURANCEThe Contractor shall arrange the following insurance except "Workmen'scompensation Insurance <strong>for</strong> the Contractor's expatriate personnel" from M/SBangladesh Sadharan Bima Corporation and Policies to be taken in <strong>for</strong>eign currencyand local currency wherever necessary and the payment of premium shall be madeby the Contractor.60.01 MARINE INSURANCEInsurance of equipment/Spare parts/materials/ Vehicles and other goods coveringall risks including war, strike, riots, civil commotion from the port of shipment to theport of discharge transit after discharge to the Site, and from the port of shipmentto the port of discharge anywhere in Bangladesh.The Contractor shall promptly furnish one set of shipping <strong>document</strong>s, a copy of Billof lading, invoice, packing list etc, of each consignment direct to the DeputyDirector, Insurance. Finance Directorate, <strong>BPDB</strong>, Dhaka well in time of the shipmentof goods indicating the contract number and name of the insurer. If they fail tocomply with this instruction they will be held responsible to compensate the lossesif any arising out of the non -compliance of this conditions.60.02 ERECTION INSURANCE"Builder's risk Insurance" and "Erection Insurance' and or "Structural Insurance"including third party liabilities wherever considered necessary by the Contractor andapproved by the Board.60.03 TRANSPORT LIABILITY INSURANCEComprehensive water crafts if necessary automobile insurance on motor vehicles tobe used by the Contractor during the working period in Bangladesh.60.04 WORKMEN'S COMPENSATION INSURANCEThe Contractor shall procure and maintain Workman's Compensation Insurance <strong>for</strong>all expatriate personnel employed by the Contractor <strong>for</strong> services in Bangladesh andshall provide <strong>for</strong> such employees other insurance benefits such as it customarilyprovides <strong>for</strong> overseas assignments Of its other employees.60.05 REPLACEMENT AND REPAIR UNDER INSURANCEThe Contractor shall follow customary insurance claim procedures in seeking toeffect recovery under the applicable insurance coverage, of the costs of repair or94


eplacement of any materials lost or damaged in shipment or handling, replacementshipments <strong>for</strong> materials being replaced or materials that has been returned to thecountry of origin <strong>for</strong> repair shall be shipped at no charge to the Board. However,any costs <strong>for</strong> custom duties, taxes, import licenses under an insurances claim willbe borne by the Contractor. The contractor shall in no way withheld the projectworks/ supplies / services <strong>for</strong> finalisation of the insurance claimed, if any.61.0 TERMS AND PRECEDURES OF PAYMENT61.01 Local Currency [Bangladesh Taka]Eligible claims <strong>for</strong> Local Currency [Bangladesh Taka] payment shall be made by theBOARD through a bank of Bangladesh from the Project Budget allocated by theGovernment of the People's Republic of Bangladesh.61.02 Foreign currencyForeign Currency payment shall be made through Letter of Credit (L/C). Thecharges <strong>for</strong> establishment of letter of credit within the territory of Bangladesh shallbe borne by the BOARD and outside Bangladesh shall be borne by the Contractor.An irrevocable letter of credit shall be opened by the Employer within 45 (<strong>for</strong>ty-five)days after the date of Contract signing.61.03 Terms of paymentThe BOARD shall make payment to the Contractor in both <strong>for</strong>eign currency andBangladesh Taka respectively in the following manner:1. Foreign currency componenta) CIF cost of supply of materials and equipment.b) Services viz, charges <strong>for</strong> the design, erection, testing, commissioning, plantengineering, civil engineering, staff training, operation and maintenance<strong>for</strong> twenty four (24) months warranty period and first inspection (s) of theunit.2. Local Currency [Bangladesh Taka] componentThis will include the total amount to be paid to the Contractor inunconvertible Bangladesh Taka <strong>for</strong> insurance, local transportation, allservices, works, etc.3. Payment of <strong>for</strong>eign currencyThe payment of the <strong>for</strong>eign currency cost and Contract Price will be madeas under:The <strong>for</strong>eign exchange component of the Contract Price will be paid out ofan irrevocable and unconditional Letter of Credit to be established in favourof the Contractor.All Bank charges <strong>for</strong> opening, amendment, prolongation and payment out ofthe L/C within the territory of Bangladesh shall be paid by the BOARD andoutside the territory of Bangladesh shall be paid by the Contractor. But incase the amendment of the L/C is required due to the cause of theContractor, the amendment charge shall be paid by the Contractor.95


a. 60% of the CIF cost of the Supply of Goods shall be paid out of theirrevocable Letter of Credit upon presentation of invoice along with completeshipping <strong>document</strong>s as per clause GC 62. Payment advice shall be issued tothe Bank by the Project Director and other concerned office of the BOARDupon receipt of the negotiable shipping <strong>document</strong>s.b. 20% of the CIF cost of the supply of Goods shall be paid on issuance ofreceiving cum damage report against submission of invoices duly certified bythe Engineer and approved by the Project Director. Payment advice shall beissued by the concern office of the Employer.c 10% of CIF cost of the supply of Goods shall be paid Only aftersuccessful, per<strong>for</strong>mance and reliability runs of one hundred sixty eight(168) hours of the <strong>power</strong> plant and after issue of Taking over/ ProvisionalAcceptance certificate as specified against submission of invoices dulycertified by the Engineer and approved by the Project Director. AdvicePayment shall be issued by the concern office of the Employer.d. 10% of CIF cost <strong>for</strong> the supply of Goods shall be payable after completion of2(two) years warranty period and removal of all defects, pointed out by theBOARD against submission of invoices duly certified by the Engineer andapproved by the Project Director. Payment advice shall be issued by theconcern office of the Employer.e. Amount Payable in <strong>for</strong>eign currency <strong>for</strong> the installation / services definedunder sub clause 1(b) herein will be paid against monthly invoice aftercertified by the Engineer countersigned by the Project Director out ofthe established Letter of Credit in the following manner:(i) 90% against monthly invoice, (ii) 5% after issuance of ProvisionalAcceptance/Taking over certificate & (iii) 5% after warranty period andissuance final acceptance certificate. Payment advice shall be issued by theconcern office of the Employer.4. Payment of Local Currency [Bangladesh Taka]:a. 90% of the total Local Currency [Bangladesh Taka component] of theContract Price shall be paid against monthly invoices <strong>for</strong> the actualprogress <strong>for</strong> the respective month accompanied by the statement of theWorks duly certified by the Engineer and approved by the ProjectDirector within <strong>for</strong>ty five (45) days of the date of approval of the invoice bythe Project Director. Insurance Policy in respect to Insurance <strong>for</strong>transportation from port to site and premium payment certificate shall haveto be submitted be<strong>for</strong>e payment of insurance claim bills.[b. 5% of the total Local Currency [Bangladesh Taka Component] of theContract Price shall be paid after issuance of Provisional Acceptance/Takingover certificate and the rest 5% after completion of warranty period andremoval of all the defects pointed out by the BOARD.5. Any individual claim <strong>for</strong> payment submitted by the Contractor is to be <strong>for</strong> aminimum sum of 0.5% of the Contract Price.6. No extra payments in respect of overtime, additional materials or specialconditions of hardship shall be claimed by the Contractor unless suchpayments have been previously authorised in writing by the BOARD.7. If at any time any payment would fall to be due <strong>for</strong> a work or portion of awork and if there shall be any defect in portion of such works in respect ofwhich such payment is proposed, BOARD may retain the whole or any96


portion of such payment. Any sum retained by the BOARD pursuant to theprovision of this sub Clause shall be paid to the Contractor after the saiddefect is removed.62.0 DOCUMENTATION FOR PAYMENTClaims <strong>for</strong> payment must be supported by the following <strong>document</strong>ation as specifiedhereinafter, Requests <strong>for</strong> reimbursement <strong>for</strong> the cost of equipment materials, freight,transportation and insurance shall be supported by the following <strong>document</strong>s (each copyto be certified by the Contractor or the Contractor's representative to be a true copy ofthe <strong>document</strong> of which it is a copy) :60% of the CIF cost of supply of materials and equipment shall be paid uponpresentation of i) invoice in 3(three) originals, ii) packing list in 3(three) originals,iii) insurance certificate in 1(one) originals, iv) Bill of lading/ Airway Bill in 1(one)original and 3(three) copies marked Freight prepaid, v) Warranty certificate in1(one) original, vi) manufacturer’s factory test certificate in 1(one original, vii)quality and quantity certificate of the materials & equipment shipped in 1(one)original, viii) factory test witnessing certificate in 1(one) original and ix) certificateof origin of equipment & Material as per Contract Agreement issued by themanufacturer of the materials shipped in 1(one) original.Requests <strong>for</strong> mobilisation fund and progress payments shall be supported by thefollowing <strong>document</strong>s:i. One copy or Photocopy of the Contractor's invoice which shall identify theContract and which shall show the total <strong>for</strong>eign currency value of theContract, the total <strong>for</strong>eign currency amounts previously received and/orclaimed as mobilisation fund or progress payments ; the <strong>for</strong>eigncurrency amount being invoiced <strong>for</strong> payment; separate total values as ofthe date of this invoice of equipment and materials delivered (includingshipping and related costs) and services per<strong>for</strong>med; and separate totalvalues since the date of the previous notice.ii.iii.iv.One counterpart of a Work Progress Certificate signed by the Contractorand Jointly countersigned by the Engineer, Consultant and the ProjectDirector.The Contractor shall submit all Work Progress Certificates to both theEngineer and the BOARD simultaneously by registered airmail. TheEngineer, Consultant and the Project Director will either countersign orreject a Work Progress Certificate within a maximum period of thirty(30) days from the date of receipt of such Certificate by him. If theEngineer, Consultant and the Project Director or either shall fail either tocountersign or to reject a Work progress Certificate within the said thirty(30) days period, the Contractor shall notify the BOARD by cable of thedelay in the approval from the Site; and the BOARD will eithercountersign the Work Progress Certificate in question or assign hisreasons <strong>for</strong> not doing so within a maximum period of sixty (60) daysfrom the date of receipt of the Contractor's said cable notice to him.The Contractor shall furnish to the BOARD, Project Director and theEngineer or either whenever called upon to do so any additionalin<strong>for</strong>mation or <strong>document</strong>s that may be required in connection withverification of progress claims and or any other payments made.97


63.0 REPORTING, CLEARING AND SHIPPING DOCUMENTSThe contractor shall be taken prior written permission from the ProjectDirector/Board/Engineer be<strong>for</strong>e shipment of any equipment & materials <strong>for</strong> theproject.The Contractor shall provide all official <strong>for</strong>ms and <strong>document</strong>al in<strong>for</strong>mationas shall be needed to satisfy the requirements of Bangladesh Customs and theBoard.63.01 REPORTING DOCUMENTSThe Contractor shall <strong>for</strong>ward to the Project Director, Gopalganj 100 MW±15%Power Plant (HFO fired Engine Generating Sets) Project, Bangladesh PowerDevelopment Board, ........................., Bangladesh, the following <strong>document</strong>s :a. Bill of Lading 1 Copyb. Shipping Specification 2 Copiesc. Quality Certificate 2 Copiesd. Packing Lists (One copy shall be placed inside the case, 2 Copiesthe other in a special packet in case No.1)e. Insurance Certificate 2 Copies63.02 CLEARING DOCUMENTSThe Contractor shall <strong>for</strong>ward to the Board through their bankers not later thanseven (7) days from the date of sailing <strong>for</strong> the purpose of clearing the cargo at thePoint of destination the following <strong>document</strong>sa. Negotiable copy of Bill of Lading 1 Copyb. Invoice with itemised prices 3 Copiesc. Shipping Specification 3 Copiesd. Copy of the Charter Party 1 Copy(If chartering has been permitted by prior arrangement with the Board)63.03 SHIPPING DOCUMENTSSimultaneously with the dispatch of the negotiable <strong>document</strong>s as listed in clause63.02 above the Contractor shall also send by Air Mail eleven (11) sets of nonnegotiableshipping <strong>document</strong>s <strong>for</strong> each shipment according to the followingdistribution list. Each set will comprise the following <strong>document</strong>s :1. Bill of Lading 1 Copy2. Invoice 1 Copy3. Shipping Specification 1 CopyThe invoices and shipping specifications shall bear the Insurance cover notenumber.1. Project Director.Gopalganj 100 MW±15% Power Plant(HFO fired Engine Generating Sets) ProjectBangladesh Power Development Board,................., Bangladesh2 Copies98


2. Engineer 1 Copy3. Director, Dte. of Purchase 1 CopyBangladesh Power Development BoardWAPDA Building (9 th Floor),Motijheel Commercial Area,Dhaka-1000, Bangladesh4. Director, Dte. of Clearance & Movement 1 CopyBangladesh Power Development BoardHossain Chamber105, Agrabad CA, Chittagong,Bangladesh.5. Deputy Director of Clearance & Movement 1 CopyBangladesh Power Development BoardChittagong, Bangladesh.(In case of shipment to Chittagong)6. Deputy Director of Insurance 1 CopyBangladesh Power Development BoardBiddut Bhavan,Dhaka-1000, Bangladesh.After shipment equipment an materials the Contractor shall cable to, or notify byregistered air mail, the Board at the addresses under 1 and 3 above not later thanthree (3) days after the sailing date of the vessel the following in<strong>for</strong>mation :1. The name of the vessel.2. The sailing date of vessel.3. Port of destination.4. Description of the cargo (grouped).5. Number of cases and/or weight of cargo.6. Number of cases weighing above 20 tons and their individual weights.7. Number of Bills of Lading.8. Expected date of arrival at the port of destination.The Contractor shall so arrange that the master of the vessel will in<strong>for</strong>m ProjectDirector, Gopalganj 100 MW±15% Power Plant (HFO fired Engine Generating Sets)Project --------------- Bangladesh by cable of the date and time of arrival of thevessel at the port of destination seventy-two (72) hours in advance. No goods shallbe shipped without prior consent of Project Director.99


64.0 BOOKS AND RECORDSThe Contractor shall maintain books and records covering all transactions underthis Contract. These books and records shall be available <strong>for</strong> inspection and auditby the Board <strong>for</strong> a period of three (3) years after termination as provided under theContract.65.0 PACKAGINGAll equipment and materials shall be suitably coated wrapped, or covered andboxed or crated <strong>for</strong> export shipment and to prevent damage during handling andstorage at the Site. Card<strong>board</strong> containers shall be enclosed in a solid woodencontainer.Equipment and process materials shall be packed and semi-kocked down, to theextent possible, to facilitate handling and storage and to protect bearings and othermachine surfaces from oxidation. Each container, box, crate or bundle shall berein<strong>for</strong>ced with steel strapping in such a manner that breaking of one strap will notcause complete failure of the packaging. The packing shall be of best standard towithstand rough handling and to provide suitable protection from tropical weatherwhile in transit and while awaiting erection at the Site.Equipment and materials in wooden cases or crates shall be properly cushioned towithstand the abuse of handling, transportation and storage. Packing shall includepreservatives suitable to tropical conditions. All machine surfaces and bearingsshall be coated with oxidation preventative compounds. All parts subject todamage when in contact with water shall be coated with a suitable grease andwrapped in heavy asphalt or tar impregnated paper.Crates and packing material used <strong>for</strong> shipping will become the property of theBoard, but the Contractor will be allowed to use the same <strong>for</strong> the Work as needed,but the remaining material shall be turned over to the Board upon completion ofthe Project.Packaging or shipping units shall be designed within the limitations of the unloadingfacilities of the receiving ports and the ship which will be used. Ships with specialheavy capacity unloading rigging may be required <strong>for</strong> large units of equipment. Itshall be the Contractor's responsibility to investigate these limitations and toprovide suitable packaging and shipping to permit unloading at the Port.Each package or shipping unit shall be clearly marked or stencilled on at least twosides as follows :BANGLADESH POWER DEVELOPMENT BOARDGOPALGANJ100 MW±15 % POWER PLANT(HFO FIRED ENGINE GENERATING SETS) PROJECTBANGLADESH____________________________________________________(Name of Contractor)In addition, each package or shipping unit shall have the symbol painted in red onat least two sides of the package, covering one fourth of he area of the side.100


Each part of the equipment which is to be shipped as a separate piece or smallerparts packed within the same case shall be legibly marked to show the unit ofwhich it is a part and matchmarked to show its relative position in the unit, tofacilitate assembly in the field. Unit marks and matchmarks shall be made withsteel stamps and with paint.Each case shall contain a packing list showing the detailed contents of the package.When any technical <strong>document</strong>s are Supplied together with the shipment ofmaterials no single package shall contain more than one set of such <strong>document</strong>s.Shipping papers shall clearly indicate in which packages the technical <strong>document</strong>sare contained.The case number shall be written in the <strong>for</strong>m of a fraction, the numerator of whichis the serial number of the case and the denominator the total number of case inwhich a complete unit of equipment is packed.Wherever necessary besides usual inscriptions the cases shall bear specialindication such as "Top", "Do not turn over", "Care', "Keep dry", etc., as well asindication of the centre of gravity (with red vertical lines) and places <strong>for</strong> attachingslings (with chain marks).Cases which cannot be marked as above shall have metal tags with the necessarymarkings on them. The metal tags shall be securely attached to the packages withstrong steel binding wire.Each piece, skid, case or package shipped separately shall be labelled or taggedproperly.66.0 COMPLETIONAll works under the scope of this Contract shall be completed on or be<strong>for</strong>e theexpiration of Four hundred fifty (450) calendar days counted from the Contracteffective date.67.0 PROVISIONAL ACCEPTANCE CERTIFICATE (PAC)The work shall not be considered as complete until a PAC has been issued <strong>for</strong>the work, signed and dated by the Acceptance Committee constituted by theBOARD and the Engineer and delivered to the Contractor with a copy to theBOARD. The PAC will be issued (by the Board) only after a final inspection andper<strong>for</strong>mance test of the <strong>power</strong> plant has been carried out by a team ofrepresentatives of the Contractor, the Engineer and the members of theacceptance committee of the BOARD, and the work has been judged completeand in compliance with the Contract Documents. The test shall be per<strong>for</strong>med asspecified in the applicable Technical Requirements. Necessary testing equipmentwill be supplied by the Contractor. The final inspection and the per<strong>for</strong>mance testof the unit and the subsequent issuance of the PAC shall not be construed as arelease to the Contractor from any contractual liability or responsibility, suchrelease being subject only to the provisions of the release of liability clause,Clause GC-68. The BOARD may take over completed portions of the work, priorto completion of the Contract, by written notice to the Contractor.101


The Provisional Acceptance Certificate shall not be unreasonably withheld norshall the BOARD delay the issuing of the PAC on account of minor omissions ordefects, which do not affect the commercial operation without any serious risk tothe plant, provided always that the Contractor undertakes to make good suchomission and defects within a reasonable time. From the date of final inspectionand test of completed works, at least three(3) weeks time should be taken <strong>for</strong>observation to the outcome of the work, after which Provisional AcceptanceCertificate should be issued <strong>for</strong> the work, signed and dated by the BOARD andthe Engineer and delivered to the Contractor, provided that no omissions ordefects are found which may affect the commercial operation of the plant.It is noted that after successful per<strong>for</strong>mance test of the plant AcceptanceCommittee certify the date of ICO of the plant. Formal PAC shall be issued fromthe effective ICO date of the plant as per contractual obligation.68.0 RELEASE OF LIABILITYThe acceptance by the Contractor of the last payment shall operate as, and shallbe, a release to the Board and every officer, agent and employee thereof, from allclaims and liability hereunder <strong>for</strong> anything done or furnished <strong>for</strong>, or relating to theWork or <strong>for</strong> any act or neglect of the Board or Of any person relating to or affectingthe work.The last Payment by the Board to the Contractor shall constitute final acceptance ofall work per<strong>for</strong>med under this Contract and shall be release of the Contractor andhis surety, from all contractual. Liabilities and responsibilities to the Board exceptthose liabilities and responsibilities assumed under the Clause 50.0 "WARRANTY' ofthese General Conditions, or arising out of hidden defects.In the event a suit were to be instituted in Bangladesh against the Board and theContractor as Joint defendants, neither shall be released from his respectiveliabilities under this Contract.69.0 SUCCESSFUL PERFORMANCEThis Contract shall be deemed successfully per<strong>for</strong>med, that is completelyper<strong>for</strong>med, at the expiration of the specified warranty period, not-withstanding theprovision whereby the Board may extend the warranty period, at its option, <strong>for</strong>consideration to be paid to the Contractor as determined by negotiation.70.0 TRAINING(1) Foreign TrainingThe total person-months <strong>for</strong> training will be limited to 15(fifteen) Person-Months onEngine Generating unit (HFO fired) at manufacturer's factory in the followingmanner:(a) Operation & Maintenance Training:15 Engineers from <strong>BPDB</strong> <strong>for</strong> 15 person months .All living expenses, transport expenses of the trainees to and from Bangladesh tothe country of Manufacturer's factory and during the period of training includingincidental expenses or medical expenses or Medical Insurance from time to timewill be covered by the Contractor. The Contractor must indicate in technical offer102


the practical arrangements he is offering <strong>for</strong> ensuring the training, as well as themethodology used.The Contractor will provide all maintenance and operation manual, drawingsrelating to all the equipment to each trainee on the first day of his arrival at theContractor's Works.(2) Job Site TrainingThe <strong>BPDB</strong> shall make available, free of cost, to the Contractor the suitable numberof staff member <strong>for</strong> the purpose of on-the-job training at site during installation,testing, commissioning and initial operation of the plant <strong>for</strong> one (1) month. Duringwarranty period, it shall be the responsibility of the Contractor to train themadequately and properly in a planned manner so that these member of the Board'sstaff could take over the responsibility of operation and maintenance of the plantand equipment independenly at the time of handing over of such plant andequipment as well as be<strong>for</strong>e issuing of FAC.(3) Operation & Maintenance During Warranty PeriodThe Contractor shall provide One (1) Competent Engineer who will supervise theoperation of the plant and be in overall charge of the Plant, one (1) Engineer <strong>for</strong>Electrical Maintenance & one (1) Engineer Mechanical Maintenance during 24months warranty period <strong>for</strong> smooth maintenance and operation of the Plant.During warranty period the above mentioned Engineers jointly with <strong>BPDB</strong>'SEngineers/Staff shall have to per<strong>for</strong>m the operation & maintenance of the plantwhich will ensure the operation and maintenance of the plant after the warrantyperiod by <strong>BPDB</strong> personnel exclusively. For this purpose, quarterly progress report of<strong>BPDB</strong> Personnel shall have to be submitted to the authority by the abovementioned Engineers showing the progress of <strong>BPDB</strong> Personnel <strong>for</strong> safe & reliableoperation and maintenance of the plant independently.71.0 MODIFICATIONSThe contractor shall not alter any of the Work, except as directed in writing by theBoard through he Engineer, but the Engineer will assist the Board subject to theprovisions hereinafter contained from time to time during the execution of theContract by notice in writing to direct the Contractor to alter, amends, omit, add to,or otherwise vary any of the works, and the Contractor shall carry out suchvariation, and be bound by the same conditions, so far as applicable, as though thesaid variations were stated in the Specifications. In any case in which theContractor has received any such direction from the Board through the Engineerwhich either then or later will, in the opinion of the Contractor, involve an increaseor decrease in the Contract Price, the Contractor shall as soon as reasonablypossible, advise the Engineer in writing to that effect.The difference in cost to the Board, if any, occasioned by any such variations, shallbe added to or deducted from the Contract Price as the case may require. Theamount of such difference shall be ascertained and determined in accordance withthe rates specified in Schedule of Prices, so far as the same may be applicable, andwhere are not contained in the said Schedule or are not applicable, such amountshall be agreed between Board and the Contractor.103


Should the Board/Engineer make any such variations in any part of the Work suchreasonable notice in writing will be given to the Contractor as we will enable him tomake his arrangements accordingly, and in case where plant is alreadymanufactured or in course of manufacture, or any matter done or drawings orpatterns made that require to be altered, a reasonable sum in respect thereof willbe allowed by the Board. If in the opinion of the Contractor any such variation islikely to prevent or prejudice the Contractor from or in fulfilling any of hisobligations under the Contract, he shall notify the Board through the Engineerthereof in writing, and the Engineer will decide <strong>for</strong>thwith in accordance with theBoard's instruction whether or not the same shall carried out. If the Board confirmshis instructions in writing, the said obligations shall be modified to such an extentas may be justified. Until the Board so confirms their instructions these shall bedeemed not to have been given.72.0 FINAL ACCEPTANCE CERTIFICATE (FAC)The work shall not be considered as completed until a Final Acceptance Certificate(FAC) shall have been jointly signed by the Engineer and the BOARD and deliveredto the Contractor stating that all work has been finally completed to theirsatisfaction. The Final Acceptance Certificate (FAC) will be given by the BOARDlatest twenty eight (28) days after the expiration of the guarantee period or ifdifferent guarantee periods shall become applicable to different parts of the work,after the expiration of the latest of such periods and as soon as any and all work tobe made good is completed to the satisfaction of the Engineer and the BOARD.104


Chapter IIISpecial Conditions105


1.0 CONTRACTOR'S DRAWINGS1.1 SHOP DRAWINGSEngineering data (both soft and hard copy) covering the manufacture of allequipment and fabricated materials specified hereunder shall be submitted to theBoard/Engineer <strong>for</strong> approval. These data shall include drawings and descriptivematerial in sufficient detail to show the type, size, arrangement, operation ofcomponent, materials, devices, the external connections, anchorage's, supportsrequired and any dimensions necessary <strong>for</strong> installation and co-ordination withrelated equipment. No work shall be per<strong>for</strong>med until the drawings and data havebeen approved.1.2 WORKING DRAWINGSThe Contract drawings (both soft and hard copy) shall show the arrangement,layout, existing equipment, method of control and the design of the, completion of<strong>power</strong> plant addition as specified herein.(1) The title of the drawing, the signature of the Contractor's responsibleengineer, the date prepared shall appear in the bottom right hand corner of thedrawing. The size of drawings shall be as follows:AOAlA2A3A4841 mm x 1,188 mm594 mm x 840 mm420 mm x 594 mm297 mm x 420 mm210 mm x 297 mm(2) The Contractor shall submit <strong>for</strong> approval checked arrangement and detaileddrawings of all parts, schematic and wiring diagrams and description ofequipment to demonstrate that the equipment to be furnished will con<strong>for</strong>m tothe requirements and intent of the Specifications.The arrangement drawings shall show overall dimensions, clearance heights<strong>for</strong> the equipment, weight, description and location of all accessories.Schematic diagrams shall indicate the operation and function of all electricalequipment, accompanied, where necessary, with explanatory notes.(3) The Contractor shall submit installation drawings <strong>for</strong> approval includingembedded Piping, piping details, support <strong>for</strong> pipings, conduits and fittings,cable laying, cable rack fixing and other detailed drawings <strong>for</strong> installationwork.(4) The following types of drawings shall be submitted <strong>for</strong> approval immediatelyon completion of design:106


a. The drawings showing the arrangement of necessary devicesspecified in the Technical Requirementsb. Sequence and internal connection diagramc. Drawings of installation equipment and measuring instruments to besupplied by the Contractor(5) The Contractor shall, in addition to the <strong>document</strong>s specified in the Contract,furnish without delay the <strong>document</strong>s, drawing and other in<strong>for</strong>mation, whichthough not specified in the Contract, may be required by the Board or theEngineer from time to time during the period of execution of the Contract.(6) Unless otherwise specially provided, any and all expense required to submitthe <strong>document</strong>s, drawing and other in<strong>for</strong>mation in compliance with theContract shall be borne by the Contractor.(7) Prior to fabrication of the equipment, the Contractor shall submit approvaldrawings to the Engineer <strong>for</strong> approval. Should the Engineer directmodifications to be made in order to satisfy the requirements of theSpecifications, the Contractor shall submit modified approval drawings.Alterations in the Contract Price shall not be made by reason of themodifications in the approval drawings. In the event the Contractorproceeds with fabrication without approval of drawings, he shall make thenecessary changes at his own expense. Approval of drawings shall in noway relieve the Contractor of his obligation to satisfy the requirements ofthe Specifications or the responsibility of making corrections in his drawings.All approved drawings shall have a column provided <strong>for</strong> inscription ofmodifications in the contents. Drawings shall clearly indicate modified partsby arrows or other means.(8) After approval, the drawings shall be kept up to date reflecting any changesmade, and upon completion. "As built" drawings (both soft and hard copy)shall be delivered to the Board. The Board's approval shall be obtained <strong>for</strong>all Contractor's drawings including any changes made.1.3 FOUNDATION DESIGNThe Contractor shall be responsible <strong>for</strong> the proper design of the equipmentfoundations to withstand the dynamic load and static load of load of engine andgenerators etc. Location and arrangement of steel rein<strong>for</strong>cement, concretekeyways and detailed drawings showing additional concrete required shall beprepared by the Contractor.2.0 PHOTOGRAPHS DeletedThe Contractor shall furnish to the Board three (3) copies of each photograph takento show shop assembly of equipment and the monthly stages of equipmentinstallation. Each photograph shall show upon its face, the date, the Contractor'sname, and description of the view taken. Photographs shall be taken of eachassembly or sub-assembly to indicate the progress of the Work. Additional107


photographs shall be taken when and where required as directed by the Boardand/or the Engineer. Shop photograph shall be not smaller than 120 mm by 150mm in size.3.0 CO-OPERATION WITH BOARDThe continuity of commercial <strong>power</strong> service by the Board is of prime importance.Complete co-operation between the Contractor and the operating departments ofthe Board must be maintained. All works which may affect the operation of theexisting system shall be scheduled to suit the Board's convenience, taking intoconsideration the <strong>power</strong> system facilities and requirements at all time duringconstruction.In the event that it is necessary to either interrupt the <strong>power</strong> supply limit theamount of <strong>power</strong> available or to impose abnormal operating conditions on the<strong>power</strong> system, such procedure must be approved by the Board and a completeunderstanding and agreement must be reached by all parties concerned well inadvance. The time scheduled <strong>for</strong> such understanding shall be definite as to date,time of day and length of time required.The Contractor shall not be entitled to any additional payment <strong>for</strong> any costs arisingfrom the necessity to per<strong>for</strong>m the Work which, by its effect on the Board's existingoperating systems, requires that it be per<strong>for</strong>med at times other than regularworking hours.4.0 CONSTRUCTION PLANT AND TEMPORARY FACILITIESUnless otherwise specified, the Contractor shall furnish at his own expense allconstruction equipment, temporary structures and enclosure, utilities and othertemporary facilities and all tools, materials and supplies which are required <strong>for</strong>prosecution of the Work but which will not be incorporated in the permanent Work.All such temporary structures and facilities furnished by the Contractor shall remainthe property of the Contractor and shall be maintained throughout the ConstructionWork.When the Work is completed all such temporary structures and facilities shall beremoved from the Site and the area shall be restored to its original condition.All equipment and facilities shall be safe and in first class condition and shall be ofthe proper type and size to adequately per<strong>for</strong>m the Work. Such equipment andfacilities shall be regularly and systematically maintained throughout the Work toensure proper and efficient operation. Equipment and facilities which areinadequate or improperly maintained shall promptly be modified, repaired, orremoved from the Site and replaced.4.1 TEMPORARY STRUCTURESTemporary structures if required, <strong>for</strong> Offices, quarters, storage and other use <strong>for</strong>the Contractor or his Subcontractors shall be constructed by the Contractor only inlocations assigned by the Project Director. The construction of such structures shallbe subject to the Board's approval.108


The Contractor shall erect temporary walls, fences to isolate the construction areato keep dust and dirt from the remainder of the Plant and prevent unauthorisedaccess to operating sections and to keep plant personnel and visitors away fromthe construction area if any.Temporary structures shall be property of Board after completion of project, if notremoved by the Contractor in due time, without any obligation to <strong>BPDB</strong>.4.2 CONSTRUCTION ELECTRIC POWERContractor shall bear all cost of Electricity consumption <strong>for</strong> construction use at Siteaccording to prevailing tariff rate including government duty.The energy will be available at a single supply point on the Site and it will be230/400 V, 50 Hz (including domestic <strong>power</strong> required by personnel at the Site) or11 KV. All equipment/ arrangements shall be of the Contractor at his cost.The Contractor shall connect to the supply terminals or load bus designated andshall provide all wiring, trans<strong>for</strong>ming and protecting devices, switches, starters, andother electrical systems and equipment required to adopt and distribute <strong>power</strong> <strong>for</strong>his use.4.3 TEMPORARY LIGHTINGThe Contractor shall provide his own temporary lighting facilities at the Site.4.4 WATERThe Contractor shall provide his own arrangement of construction water andprocess water.The Contractor shall provide purified water <strong>for</strong> drinking and sanitary use of hispersonnel. The Contractor shall be solely responsible <strong>for</strong> the quality of the waterhe furnishes. Likewise the Contractor shall be responsible <strong>for</strong> furnishing a sanitarysystem <strong>for</strong> dispensing drinking water.4.5 SANITARY FACILITIESThe Contractor shall furnish and maintain sanitary facilities <strong>for</strong> the use of allpersonnel engaged in the Work under this Contract. These facilities shall besubject to the approval of the Board.The Contractor's workmen shall not be permitted to use sanitary facilities in theexisting plant.5.0 SCHEDULE OF IMPORTED TOOLS, TESTING EQUIPMENT AND PERSONNELIf requested by the Board the Contractor shall submit a complete itemised scheduleof the construction and maintenance tools, and testing equipment that he intendsto send to the construction Site in Bangladesh. The schedule shall includequantities, capacities, type and model designations, and other descriptivein<strong>for</strong>mation <strong>for</strong> the Board to evaluate the capability of the Contractor's fieldconstruction <strong>for</strong>ces.109


In addition, the Contractor shall submit to the Board a schedule of all personnelwhich he intends to import into Bangladesh <strong>for</strong> the Work covered by this Contract.This Schedule shall include any non-Bangladesh personnel presently employed inBangladesh who will be assigned to the Work. The schedule shall include the nameand present address of each person, his intended assignment and responsibility inconnection with the Work and a concise resume of his experience in the type ofwork to which he will be assigned.6.0 CUSTOMS CLEARANCEThe Contractor shall be responsible <strong>for</strong> Bangladesh customs clearance of allmaterials, supplies, equipment, tools and other articles shipped into Bangladesh bythe Contractor <strong>for</strong> the accomplishment of this Work, including the food and thepersonal effect of the Contractor's personnel. This customs clearance will take placeat the Bangladesh port (Chittagong/Mongla), or at the International Airport atDhaka. The Board will, however, pay import and export duties (custom duties, saletax, etc.), excise duty, import permit fees and all other taxes leviable in Bangladeshon only the equipment and materials that will be incorporated in the PermanentWorks (as distinct from the Contractor's equipment, tools, spares, consumables,etc.). The Board will help the Contractor to obtain necessary import permits andlicenses required <strong>for</strong> customs clearance.All payment <strong>for</strong> clearance charge, storage charge, etc. (excluding charge, fees, etc.claimed by Clearing Agents, if any) which are imposed by the relevant agencies ofthe Government of Bangladesh, relating to the clearance of equipment andmaterials that will be incorporated in the Permanent Works shall be made by theBoard subject to the Condition that if the Contractor makes delay in submittingnecessary shipping <strong>document</strong>s to the Board, the demurrage charges by the PortAuthority will be borne by the Contractor ( chapter II, clause 55.0 )Tools and equipment <strong>for</strong> use during construction but which are to remain theproperty of the Contractor and which are to be exported by the Contractor fromBangladesh at the completion of the Work shall be carefully <strong>document</strong>ed andspecially listed to facilitate both import and export. The Contractor shall determineprior to shipment the customs regulations applicable to this special case as well asnormal import rules and regulations applicable.The Contractor shall also be responsible <strong>for</strong> inland transport by barge/ truck/trainto the Site.7.0 RECEIVING, TRANSPORTING, HANDLING AND STORAGEThe Contractor shall receive, transport, handle, store and install all materials andequipment furnished under these specifications, or otherwise involved in theper<strong>for</strong>mance of this Contract. It shall be the responsibility of the Contractor todetermine the availability and capacity of transportation and unloading facilities andto make whatever arrangements are required to secure to the necessary facilities.The Board will not be responsible <strong>for</strong> furnishing any equipment or providing anyservices.110


The Contractor shall be responsible <strong>for</strong> the prompt unloading of all equipment ormaterials. The Contractor shall pay any demurrage incurred due to delay inunloading and <strong>for</strong> any other reasons except the case that the Board has notarranged timely discharge of the payment of custom duties.Storage space will be allocated on the Plant Site by the Board be<strong>for</strong>e unloading anymaterials or equipment, the Contractor shall prepare and submit to the ProjectDirector a drawing showing the proposed utilisation of the storage space allocatedto him. The storage space shall be utilised in accordance with the drawing asapproved by the Board. This drawing shall be kept current and shall show thelocation and description of each stored item <strong>for</strong> which Contractor is responsible.Revised copies of these drawings shall be submitted to the Project Director as theyare made. The Contractor shall examine the Site and the means of transportationfrom the storage space.The Contractor shall handle materials and equipment carefully to prevent damageor loss. The use of bare rope slings <strong>for</strong> handling will not be permitted unlessspecifically approved by the Engineer. Special handling devices shall be used whennecessary to avoid damage.7.1 PLATFORMSOpen plat<strong>for</strong>ms shall be constructed by the Contractor at least 50 cm above gradeand shall have adequate flooring and base structure to support the stored materialsand equipment.7.2 INDOOR STORAGEIndoor storage shall be constructed by the Contractor by suitable means <strong>for</strong>keeping materials and equipment from contact with the ground.7.3 SHORINGShoring shall be provided by the Contractor to safely support materials andequipment not less than 30 cm above the ground.7.4 WEATHERPROOF COVERINGSWeatherproof coverings <strong>for</strong> outdoor storage shall be provided by the Contractorand shall utilise a waterproof flame resistant type of sheeting. The sheeting shallbe carefully placed and tied down to prevent moisture from entering the laps andto prevent wind damage to the coverings.8.0 EQUIPMENT PERFORMANCEThe Contractor shall be responsible <strong>for</strong> the correct design and operation of eachindividual item of equipment in his supply. In addition, he shall be responsible <strong>for</strong>the correct per<strong>for</strong>mance and operation of his equipment when functioning withequipment supplied by other contractors. The Contractor shall carry out suchdesign work and tests on systems within his supply as may be necessary <strong>for</strong>establishing and demonstrating their combined per<strong>for</strong>mance and good working tothe satisfaction of the Engineer.111


9.0 IDENTIFICATION OF CONTRACTOR'S EMPLOYEES ,VEHICLES AND BUILDINGSThe Contractor shall provide each of 'his employees and his Subcontractor'semployees with a suitable numbered badge bearing the name or initials of theContractor. Each employee shall wear his badge upon his person while at work onthe Site in such a manner that it will be plainly visible as a means of identification.All vehicles and large equipment furnished and used by the Contractor or hisSubcontractors on the Work shall be clearly marked with the Contractor's orSubcontractor's business name. The Contractor's offices, stores, depots and otherfacilities shall also be clearly identified.10.0 EXPATRIATE PERSONNELThe Contractor shall submit to the Board through the Engineer data on allpersonnel he intends to bring into Bangladesh <strong>for</strong> the per<strong>for</strong>mance of the Work.This data shall include the name and present address of each person, his intendedassignment and responsibility in connection with the Work and a concise resume ofhis experience in the type of work to which he will be assigned. This data shall besubmitted to the Engineer at least thirty (30) days prior to their expected arrival inBangladesh.Any expense associated with illness of the Contractor's personnel, includingreplacement thereof, shall be to the Contractor's account.Costs of passports, visas, travel <strong>document</strong>s, inoculations and other incidentalexpenses incurred by the Contractor's non-Bangladesh employees and theirdependants occasioned by travel to and from Bangladesh shall be borne by theContractor.The Board will not furnish living quarters <strong>for</strong> the Contractor's personnel andfamilies.The Contractor and the expatriate personnel of the Contractor shall respect allBangladesh laws, rules and regulations and shall not interfere with Bangladeshpolitical or religious affairs either directly or indirectly and shall comply with suchother rules and regulations.11.0 SAFETYThe Contractor shall comply with all ordinances and regulations including, but notlimited to, National, State, Municipal laws and Department of Labour,Transmigration and Co-operation Regulations that are in <strong>for</strong>ce in the locality of theWorks and shall comply with any instructions that may be from time to time issuedby the Board/Engineer.12.0 PROTECTION OF OPERATING PLANTThe Contractor's attention is drawn to the fact that during the course of theconstruction period, existing Gopalgonj 132 KV Grid Sub-Station and relatedtransmission/auxiliary system are under operation.The Contractor shall not interrupt or interfere with these services.112


The Contractor shall ensure that none of his personnel enter any section of theBoard's plant, which is in operation, without permission of the Board.No work shall be carried out on existing equipment by the Contractor unless apermit has been issued to the Contractor by the Board/ Engineer.The Contractor shall obtain from the Board an authorised person's signature be<strong>for</strong>ethe Work is commenced and shall return the permit to the Board on completion ofthe Work. The Contractor shall state on the permit that the Work has beencompleted and obtain an authorised person's signature <strong>for</strong> acceptance.In respect of work related to existing plant or substations or transmission/auxiliarysystem which are required to be carried out during a shutdown period, theContractor shall in<strong>for</strong>m at least three(3) months be<strong>for</strong>e. All such works shall becompleted within the decided period.Any shutdown periods of operational plant will be scheduled by the Board/Engineerin such a manner as to cause minimum interference with the operations and maybe scheduled outside normal hours.13.0 COORDINATION OF WORKThe Contractor shall be required to attend design discussion meetings at theBoard's offices in Dhaka or Project Director's office in Gopalgonj to attend progress,liaison and co-ordination meetings at intervals as required by the Board and/or theEngineer <strong>for</strong> design progress and other contractors at the Site. Such co-ordinationmeetings at the Site shall be held at least once in every month.14.0 LANGUAGEThe ruling language of the Contract shall be English and all correspondence,technical schedules, drawings and other <strong>document</strong>s of whatever nature required bythe Engineer or the Board under the provisions of the Contract shall be provided inthe English language.15.0 QUALITY ASSURANCEThe Contractor shall operate and demonstrate a Quality Assurance Programme toensure that the Contract is completed in accordance with the Contract Scheduleand to the standards specified. Work procedures shall be fully <strong>document</strong>ed andshall be available to satisfy the Board/ the Engineer of the Contract execution incivil, architectural, mechanical and electrical engineering:(a)(b)(c)DesignProcurement, manufacture and packagingConstruction, commissioning and final testingThe Contractor shall within thirty(30) days after signing the Contract present to theBoard <strong>for</strong> approval two(2) copies of comprehensive procedures as to the113


organisation and type of <strong>document</strong>ation adopted to exercise a meaningful qualityassurance programme. These shall include:(d)(e)The submission of inspection and test plans <strong>for</strong> factory manufactured plant.The submission of a plan <strong>for</strong> obtaining the Engineers approval of importantstages of the Site construction work, e.g. material receipt and storage,construction, erection, testing and setting to the Work.16.0 CONTRACT PLANNING AND CONTROLThe Contractor shall have an experienced and qualified Contract Manager availableand assigned full time during the execution of the Contract. The Contract Managershall act <strong>for</strong> and represent the Contractor in all Contract matters.Thirty(30) days be<strong>for</strong>e starting the Work at the Site, the Contractor shall submit thedetail site management organisation <strong>for</strong> approval by the Board/Engineer. Suchproposals shall show clearly the Contractor's key personnel, classificationand qualification with the detailed in<strong>for</strong>mation and curriculum vitae <strong>for</strong> above keypersonnel.The Site Manager and senior key personnel who will be responsible <strong>for</strong> workingclosely with the Project Director's/Engineer's staff to achieve efficient execution ofthe Contract shall be competent to conduct meetings and communications in theEnglish language.The management organisation shall include a planning and programming servicecovering the Work, and shall operate the latest techniques in communication andanalysis. The Contractor shall nominate a planning engineer to co-ordinate allplanning activities. The Contractor Shall accept active participation by the Engineerin the programming and progressing of all phases of the Contract and shall providefull facilities and access to all sources of detailed programming and progressingin<strong>for</strong>mation, including Subcontractors, <strong>for</strong> monitoring purposes.17.0 RELEASE OF INFORMATIONThe Contractor shall not communicate or use in advertising, publicity, or salesrelease, photographs or other reproductions of the Work under this Contract, ordescriptions of the size, dimensions, quantity, quality, or other in<strong>for</strong>mationconcerning the Work unless prior written permission has been obtained from theBoard/Engineer.18.0 SAFETY AND ACCIDENT PREVENTIONIt shall be the Contractor's responsibility to maintain throughout the constructionperiod, a safety and accident prevention program satisfactory to the Board andwhich meets the requirements of applicable governmental codes and of all otherauthority having jurisdiction over this Work.114


19.0 FIRE PROTECTIONOnly construction procedures which minimise fire hazard to the extent practicableshall be used. Combustible debris and waste materials shall be collected andburned or removed from the Site each day, good housekeeping shall be practisedby the Contractor throughout the construction period. Unless specified herein or aparticular application, untreated canvas, paper, plastic and other flammable flexiblematerials shall not be used on the Site <strong>for</strong> any purpose. If such materials are onequipment or materials which arrive at the Site they shall be removed and replacedwith an approved covering be<strong>for</strong>e storing or moving into the construction area.Likewise corrugated paper and fiber<strong>board</strong> cartons shall not be permitted in theconstruction area <strong>for</strong> the storage or handling of materials and if such cartons doarrive in the construction area they shall be immediately unpacked and removedfrom the Site.Approved flexible materials shall be waterproof and flame resistant.The Contractor shall provide adequate fire protection equipment in each warehouseoffice and other temporary structure and in each work area which he is occupying.Access to fire hydrants and other sources of fire water shall be identified and keptopen at all times. Suitable fire extinguishers shall be provided in enclosed area andin areas which are not accessible to fire water or which may be exposed to fire thatcannot be safely extinguished with water. Each fire extinguisher shall be of a typesuitable <strong>for</strong> extinguishing fires which might occur in the area in which it is located.In areas where more than one type of fire might occur the type of fire extinguisherrequired in each case shall be provided. Each extinguisher shall be placed in aconvenient, clearly identified location which will most likely be accessible in theevent of fire. Formwork, scaffolding, planking and similar materials which arecombustible but which are essential to execution of the Work shall be treated <strong>for</strong>fire resistance or otherwise protected against combustion resulting from weldingsparks cutting flames and similar fire sources.The above recommendations shall not be construed to establish minimum fireprotection requirements. The Contractor alone shall be responsible <strong>for</strong> providingadequate fire protection.20.0 LINES AND GRADESAll work done under this Contract shall be done to the lines, grades, and elevationsshown on the plans. The Contractor shall furnish competent men and suitableequipment as required <strong>for</strong> the proper laying out of the Work, <strong>for</strong> makingmeasurements and <strong>for</strong> establishing temporary or permanent marks in connectionwith the Work.The Engineer may, at his sole discretion, check the ref erence marks, lines, gradesand measurements so established. The Contractor shall furnish competent menfrom his <strong>for</strong>ce and such tools, stakes and other materials as the Engineer mayrequire in making the check. The Contractor shall keep the Engineer in<strong>for</strong>med areasonable time in advance, of the times and places at which he wishes to do workso that any checking deemed necessary may be made with the minimum ofinconvenience to the Engineer and of delay to the Contractor.115


Any work done without being properly located and established by base lines, offsetstakes bench marks or other basic reference points may be ordered removed andreplaced at the Contractor's cost and expense. The Contractor shall carefullypreserve all monuments, bench marks and reference points.In case of his destruction thereof, the Contractor will be charged with the expensesof replacement and shall be responsible <strong>for</strong> any mistake or loss of time that may becaused. Permanent monuments or bench marks which must be removed ordisturbed shall be protected until they can be properly referenced <strong>for</strong> relocation.The Contractor shall furnish materials and assistance <strong>for</strong> the proper replacement ofsuch monuments or bench marks.21.0 SECURITYThe Contractor shall be solely responsible <strong>for</strong> the security of all equipment andmaterials incorporated or to be incorporated in the Work by him and all equipment,materials, tools, supplies, structures, facilities and others properly used in theprosecution of the Work but not incorporated therein while in his care and custody.The Contractor shall con<strong>for</strong>m also to any specific security requirements of theBoard but such compliance shall not relieve the Contractor from the totalresponsibility <strong>for</strong> security.22.0 HOUSING & TRANSPORTThe Contractor shall arrange by themselves suitable family housing units togetherwith furnishing and utilities in the close proximity of the Site <strong>for</strong> accommodation ofall imported personnel. If the services of any imported personnel of the Contractoror its Subcontractors are required <strong>for</strong> a period of more than six (6) months theContractor may authorise the employees' wife and children accompany him or tosubsequently join him. In any such case the Contractor shall make availablesuitable family accommodations at the proximity of the Site.If the Contractor decides in consultation with the Board that the health or safety ofany imported personnel is or might be Jeopardised by political or health hazards inBangladesh, the Contractor may, after <strong>for</strong>ty eight (48) hours notice, order itsemployees and the employees of its Subcontractors and suppliers to return to theirheadquarters or other safe location, in which case the Work will be deemed to besuspended <strong>for</strong> the duration as may be jointly decided, Provisions of Clause 34.0 ofGC "SUSPENSION OF THE WORK" of Chapter II will apply in case of suspension ofwork.The Contractor shall provide to the extent agreed transport vehicles <strong>for</strong> use duringconstruction period by the expatriate as well as local personnel.23.0 PROTECTION OF WORKThe Contractor shall be solely responsible <strong>for</strong> the protection of his Work until itsFinal Acceptance by the Board. The date of commercial production, or the date ofissuance of the Completion Certificate which ever is earlier shall, except as portionsmay earlier be placed in service, be deemed the date of Final Acceptance.The Contractor shall have no claim against the Board because of any damage orloss to the Contractor's Work, except damage or loss resulting directly from the116


actions of the Board or the employees thereof, and shall be responsible <strong>for</strong> thecomplete restoration of damaged work to its original conditions complying with thespecifications and drawings.24.0 PROPRIETARY NAMESWhenever a material or article is specified or described on the plants by using thename of a proprietary product or by using the name of a particular manufacturer orvendor, the specific item mentioned shall be understood as establishing the type,function and quantity desired. Unless otherwise specified, other manufacturersproducts which in the opinion of the Board, are equivalent of those specified will beaccepted. Such items shall be submitted <strong>for</strong> approval by the procedure set <strong>for</strong>th inthe General Conditions.25.0 STARTUP AND INITIAL OPERATIONThe Contractor shall render all services and do all Work required to place each itemof equipment installed by him, including all auxiliaries, piping, and wiring, and theplant in operating condition to the satisfaction of the Engineer and the Board.Individual systems and items of equipment shall be completed in a sequence thatwill permit systematic start-up and trial operation of each such component be<strong>for</strong>e itis incorporated in the plant start-up and initial operation.After erection, all equipment having moving parts, or subjected to pressures orvoltages, shall be given trial operation. Rotating equipment shall be checked <strong>for</strong>proper direction of rotation, shaft alignment and balance. Equipment subject topressures shall be carefully examined <strong>for</strong> leakage. A representative of the Boardshall be present at start-up of all the equipment and all procedures shall have hisapproval, in addition to that of the Engineer.The Board will furnish operating personnel during start-up and initial operation.The Contractor shall provide all other workmen required, in the opinion of theEngineer, to make adjustments and correct deficiencies during the initial equipmentand plant start-up testing and initial operation will be in progress continuously overextended periods of time. The workmen required of the Contractor shall be on theSite at all times during these periods. All costs <strong>for</strong> the Contractor's personnel inconnection with the start-up and initial operation of equipment and plant areincluded as a part of the lump sum price under the Contract.The Contractor shall provide all temporary instrumentation and gauging devices,including connections, required during start-up and trial operation of equipmentand systems which he has installed.All rotating machinery shafts shall be in as nearly perfect alignment as practicable.Rotating machinery shall be free from excessive vibration, overheating bearings,and other conditions, which would tend to shorten the life of the machinery.Bearings, shafts, and other moving parts shall be checked <strong>for</strong> proper alignment,cleaned and lubricated be<strong>for</strong>e the equipment is initially started. Full compliancewith each equipment manufacturer's specifications and instructions shall beobserved.117


26.0 ACCEPTANCE TESTINGThe issuance of the Completion Certificate [PAC] as specified in Chapter II"GENERAL CONDITIONS", Clause 67 "PAC", shall be contingent upon the successfuland favourable completion of all inspections and testing required to verify theper<strong>for</strong>mance, installation, and acceptability of the Work. The Contractor'sRepresentative and key technical, supervisory and skilled personnel, with necessarytools and equipment, shall remain at the Site until the Completions Certificate isissued, and shall make all adjustments and modifications required to comply withthe per<strong>for</strong>mance and acceptance requirements. Acceptance Tests shall beconducted at the Site by the Contractor to prove the per<strong>for</strong>mance of each plantaccording to the guarantees as specified in the Tender Form under the attendanceof the Board/Engineer.The Contractor shall furnish the characteristics data of the plants according to theper<strong>for</strong>mance given in the Tender Form, to be supplemented by the Contractor asnecessary.Be<strong>for</strong>e commencement of Acceptance Tests, the Contractor shall ensure that eachgenerating unit shall have operated successfully without any interruption <strong>for</strong> seven(7) days (168 hrs.)27.0 SUPERVISION DURING WARRANTY PERIODThe Contractor shall provide three competent engineers during warranty period <strong>for</strong>smooth maintenance and operation.The engineers shall stay in Gopalganj town or at Site from the date of beginning ofthe warranty period until the date of completion of the warranty period. Expenses<strong>for</strong> the above shall be borne by the Contractor.27.1 SERVICE ENGINEERS AFTER WARRANTY PERIOD (TO BE PART OF 'LTSA')The Board may need the services of qualified Service Engineers, after expiry ofwarranty period, <strong>for</strong> carrying out the following work.i) undertaking major repair of all main equipment in the projectii)iii)overhauling of the plant.trouble shooting job of complex natureAccordingly a separate LTSA <strong>document</strong> with terms and condition is attached alongwith this <strong>document</strong>.The Contractor will be obliged to submit offer to provide the services along with therequired spares <strong>for</strong> a period of four (4) years after the expiry of the warranty period. Theoffer shall include all the repair & maintenance service required <strong>for</strong> the smooth operationof the plant <strong>for</strong> the stipulated period.28.0 DISPOSAL OF REPLACED EQUIPMENT AND MATERIALEquipment and materials replaced by the Contractor will be inspected by theEngineer or the Board. If found in usable, or repairable condition, the Contractorshall place them in storage at the point designated. All other equipment andmaterial will be classed as debris, and disposed off.118


29.0 OPEPATING AND MAINTENANCE INSTRUCTIONSTwelve (12) copies of complete operating and maintenance instructions in English,(including inventories of spare parts and tools and parts lists with orderinginstructions), bound in book <strong>for</strong>m, shall be furnished by the Contractor <strong>for</strong> eachpiece of equipment. Operating instructions explaining preventive maintenanceprocedures, methods of checking the system <strong>for</strong> normal safe operation, andprocedure <strong>for</strong> safely starting and stopping the system shall be prepared in typed<strong>for</strong>m, complete with wiring, flow, and control diagram.Soon after start up of the plant, qualified personnel shall be provided by theContractor to instruct selected representatives of the Board in the operation andmaintenance of the equipment. At least three(3) weeks notice to carry out suchinstructions shall be given to the Engineer and the Board by the Contractor,together with an agenda and procedure, <strong>for</strong> approval of the Engineer.30.0 GUARANTEE ON PERFORMANCEThe Contractor must guarantee the per<strong>for</strong>mance of each plant and equipment asspecified in GUARANTEE SCHEDULE-A, Vol. 3 of 3.30.1 Net outputIf the plant fails to achieve such net <strong>power</strong> output at site conditions asguaranteed by the Contractor in GUARANTEE SCHEDULE-A, he shall pay to the BOARD aliquidated damage in US Dollar:30.2 Heat rateAn amount at the rate of one(1) percent of the Contract Price <strong>for</strong> each one(1)percent or a part thereof decrease in net output.If the net heat rate <strong>for</strong> the plant exceeds the guaranteed value [GUARANTEESCHEDULE-A] by the Contractor by more than One (1) percent, he shall pay to the BOARDa liquidated damage an amount at the rate of one(1) percent of the Contract Price <strong>for</strong> eachone(1) percent or a part thereof increase in the heat rate above the tolerance of one(1)percent on the guaranteed value. The increase in heat rate is to be calculated by thefollowing <strong>for</strong>mula: -Hg : Guaranteed heat rateHg(100) : Guaranteed heat rate at 100% base ratingHg(75) : Guaranteed heat rate at 75% base ratingHg(50) : Guaranteed heat rate at 50% base ratingHg(W) : Calculated weighted average guaranteed heat rate,Hg(W) = Hg 100% x 0.8 + Hg 75% x 0.1 + Hg 50% x 0.1Ha(100) : Actual measured heat rate at 100% base loadHa(75) : Actual measured heat rate at 75% base loadHa(50) : Actual measured heat rate at 50% base loadHa(W) : Calculated weighted average actual heat rate,119


Ha(W) = Ha 100% x 0.8 + Ha 75% x 0.1 + Ha 50% x 0.1The increased heat rate is calculated as follows:h (%) = Ha(W) - 1.01 x Hg(W) X 100Hg(W)30.3 Trans<strong>for</strong>mer lossIf the losses in respect to each step-up trans<strong>for</strong>mers calculated by the result ofthe shop tests exceed the guaranteed value with the tolerance, the Contractor shall pay tothe BOARD a liquidated damage an amount conducted by the following <strong>for</strong>mula inBangladesh Taka.X = a(Na - 1.01 x Ng) + b(La - 1.01 x Lg)Where: x : Liquidated damage in Bangladesh Takaa : TK. 57,000 /kWNa : No load loss to be tested at shopNg : No load loss to be guaranteedb : TK. 25,650 /kWLa : Load loss to be tested at shopLg : Load loss to be guaranteedIn the application of the calculation <strong>for</strong>mula above, if the results become a minus (-) theBOARD shall not be liable to Pay the Contractor such value.-----------------------------------------------------------------------------------------------120

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