Tender no: 1902C00017 Licensor selection for C4 ... › PDF › Amendment-2-1902C00017.pdf · from BEDP acceptance date, whichever is earlier. 20% v) Upon successful completion of

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Tender no: 1902C00017 Licensor selection for C4 Hydrogenation unit for OPaL

Sub: Amendment-2 to tender document

Sl No

Clause No. Existing clause Amended clause

1. Clause B.1.2.1- Annexure- VI-BEC

Clause B.1.2.1-Annexure- VI-BEC The Bidder must meet the following Minimum Qualification criteria: a) The bidder should be the licensor of the reference unit

and

b) The bidder should have supplied the Basic Engineering Design Package,

(henceforth called BEDP) for any process unit in any Petrochemical

Complex/ Refinery in the last 20 years reckoned from the tender issue

date.

The Bidder must meet the following Minimum Qualification criteria: a) The bidder should be the licensor/sub-licensor of the reference unit

and

b) The bidder should have supplied the Basic Engineering Design Package,

(henceforth called BEDP) for any process unit in any Petrochemical

Complex/ Refinery in the last 20 years reckoned from the tender issue

date.

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2. Clause 5.3-Annexure-IV

FEE FOR SUPPLY OF BASIC ENGINEERING DESIGN PACKAGE (BEDP) (Applicable for

SOP, FORM – A2):

Sr. No.

MILESTONE WEIGHTAGE

i)

Upon submission of Heat & Material balance and final

process flow diagram (PFD's), utility

summary & long lead items datasheets and acceptance by Licensee thereof.

Upon submission of all Data Sheets of Critical

equipments’ for long delivery items (to be identified

during kick off meeting) and acceptance by Licensee thereof.

Upon submission of P&IDs and its acceptance by

Licensee (Acceptance shall be accorded when works/ services hav

e been performed by the Licensor as per the scope and

provisions of the Contract and Licensee’s/ PMC’s comments have been incorporated by the

Licensor)

35%

ii)

Upon submission of BEDP and its acceptance by Licensee (Acceptance shall be accorded when works/ services have

been performed by the Licensor as per the scope and provisions of the Contract and Licensee’s/ PMC’s comments

have been incorporated by the Licensor).

15%

iii) Upon acceptance of Operating manual by Licensee/ PMC 10%

iv) Upon successful Commissioning of the unit or 57 months

from BEDP acceptance date, whichever is earlier. 20%

v)

Upon successful completion of Performance guarantee

Test Run (PGTR) of the Plant or 60 months from the acceptance of BEDP, whichever is earlier

20%

FEE FOR SUPPLY OF BASIC ENGINEERING DESIGN PACKAGE (BEDP) (Applicable for SOP,

FORM – A2):

Sr. No.

MILESTONE WEIGHTAGE

i)

Upon submission of Heat & Material balance and final

process flow diagram (PFD's), utility

summary & long lead items datasheets and acceptance by Licensee thereof.

Upon submission of all Data Sheets of Critical

equipments’ for long delivery items (to be identified

during kick off meeting) and acceptance by Licensee thereof.

Upon submission of P&IDs and its acceptance by

Licensee (Acceptance shall be accorded when works/ services have

been performed by the Licensor as per the scope and

provisions of the Contract and Licensee’s/ PMC’s comments have been incorporated by the

Licensor)

35%

ii)

Upon submission of BEDP and its acceptance by Licensee (Acceptance shall be accorded when works/ services have

been performed by the Licensor as per the scope and provisions of the Contract and Licensee’s/ PMC’s comments

have been incorporated by the Licensor).

35%

iii) Upon acceptance of Operating manual by Licensee/ PMC 10%

iv) Upon successful Commissioning of the unit or 57 months

from BEDP acceptance date, whichever is earlier. 10%

v)

Upon successful completion of Performance guarantee

Test Run (PGTR) of the Plant or 60 months from the acceptance of BEDP, whichever is earlier

10%

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3. Clause 5.6-Annexure-IV

SUPPLY OF PROPRIETARY EQUIPMENT (Applicable for SOP, FORM – A3) (This shall be included in separate PO for catalyst supply):

50% upon CIF shipment through Letter of Credit (L/C) against submission

of documentary evidence.

40% up on receiving, inspection at site and acceptance by Licensee

10% upon successful completion of Performance Guarantee Test Run of t

he Plant through NEFT/ Bank Transfer

SUPPLY OF PROPRIETARY EQUIPMENT (Applicable for SOP, FORM – A3) (This shall be included in separate PO for catalyst supply):

For CIF Shipment:

50% upon CIF shipment through Letter of Credit (L/C) against

submission of documentary evidence.

40% up on receiving at site and acceptance by Licensee

10% upon successful completion of Performance Guarantee Test R

un of the Plant through NEFT/ Bank Transfer

On DDP basis: 90% basis up on receiving at site and acceptance by Licensee


un of the Plantthrough NEFT/ Bank Transfer

4. Clause 5.6-

Annexure-

IV

SUPPLY OF CATALYSTS, CHEMICALS, ABSORBENTS, ADSORBENTS,

ADDITIVES (AS APPLICABLE) AND OTHER MATERIALS, IF ANY (This shall be included in separate PO for proprietary

supply):

50% upon CIF shipment through Letter of Credit (L/C).

40% upon receiving and inspection at site

10% upon successful completion of Performance Guarantee Test

Run of the Plant through NEFT/ Bank Transfer

SUPPLY OF CATALYSTS, CHEMICALS, ABSORBENTS, ADSORBENTS,

ADDITIVES (AS APPLICABLE) AND OTHER MATERIALS, IF ANY (This shall be included in separate PO for proprietary supply):

On CIF Basis:

50% upon CIF shipment through Letter of Credit (L/C).

40% upon receiving at site and acceptance by Licensee.



On DDP basis:

90% basis up on receiving at site and acceptance by Licensee



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5. Notes at

the end of

Form A-3,

A-4 & A-5

of Price

forma at

Annexure-

V:

Form A-3-Note (c ): Bidder shall quote item wise lump-sum prices for supply of proprietary items/ equipment on DDP Site

(as per INCOTERMS 2010).

Form A-4-Note (d ): Bidder shall quote unit price for supply of

spares of proprietary items/equipment on DDP Site (INCOTERMS 2010).

Form A-4-Note (f ): Bidder shall quote prices for supply of Catalyst/

Chemical/ Adsorbent/ Absorbent / Additive etc. on DDP Site

(INCOTERMS 2010).

Form A-3-Note (c ): Bidder shall quote item wise lump-sum prices for supply of proprietary items/ equipment on CIF/ DDP

Site (as per INCOTERMS 2010).

Form A-4-Note (d ): Bidder shall quote unit price for supply of spares

of proprietary items/equipment on CIF/ DDP Site (INCOTERMS 2010).

Form A-4-Note (f ): Bidder shall quote prices for supply of Catalyst/ Chemical/ Adsorbent/ Absorbent / Additive etc. on CIF/ DDP Site (INCOTERMS 2010).

Evaluation shall be as per clause C.1 of Annexure-VI.

6. Clause 7.0-

GCC

Compliance with Laws

Contractorshall comply with all Laws, Regulations and requirements of

appropriate Govt., Port, local or other statutory Authorities in India and Labour Laws including but not limited to Workmen Compensation Act during

the performance of the Contract.

Compliance with Laws

Contractor shall comply with all Laws, Regulations and requirements of appropriate Govt., Port, local or other statutory Authorities in India and Labour Laws including but not limited to Workmen Compensation Act during the performance of the Contract, if applicable.

7. Clause 7.1-

GCC

Safety & Labour Laws:

Contractor shall comply with the provision of all laws including Labour Laws, rules, regulations and notifications issued there under from time to time. All

safety and labour laws enforced by statutory agencies and by OPaL shall be applicable in the performance of this Contract and Contractor shall abide by

these laws.

Contractor shall take all measures necessary or proper to protect the

personnel, work and facilities and shall observe all reasonable safety rules and instructions.

The Contractor shall report as soon as possible any evidence which may

indicate or is likely to lead to an abnormal or dangerous situation and shall

Safety & Labour Laws:

Wherever applicable, Contractor shall comply with the provision of all laws

including Labour Laws, rules, regulations and notifications issued there under

from time to time. All applicable safety and labour laws enforced by statutory

agencies and by OPaL shall be applicable in the performance of this Contract

and Contractor shall abide by these laws.

Contractor shall take all measures necessary or proper to protect the

personnel, work and facilities and shall observe all reasonable safety rules and

instructions.

The Contractor shall report as soon as possible any evidence which may

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take all necessary emergency control steps to avoid such abnormal

situations.

indicate or is likely to lead to an abnormal or dangerous situation and shall

take all necessary emergency control steps to avoid such abnormal situations.

8. Clause

17.0-GCC

Consequential damages

17.1 The Contractor shall not be responsible for or liable to the Company

or any of their affiliates for consequential, indirect or special damages or

for loss of profits, loss of revenue, loss or escape of product (hydrocarbons) or facilities downtime, suffered by the Company or any

of its affiliates, and the Company shall protect, defend, indemnify and hold harmless the Contractor and his Sub-Contractors from such claims

even if such liability is based or claimed to be based upon:

i) Any breach by the Contractor or its Subcontractor of his obligations

under the Contract

OR ii) Any negligent act or omission in whole or in part, of the Contractor

or of any of his affiliates or Subcontractor or their personnel or any of

them in connection with the performance of the Works.

17.2 The Company or its other Contractors or their personnel shall in no event be responsible for or liable to the Contractor or his Sub-Contractor

for consequential damages suffered by the Contractor or his Sub-

Contractor including without limitation to business interruption or loss of profits etc. The Contractor shall protect, defend, indemnify the

Company, its employees, appointed representatives, agents and other Contractors etc., from such claims even if such liability is based or

claimed to be used upon:

i) Any breach by the Company of its obligations under the contract,

OR

ii) Any negligent act or omission on the part of the Company or any of

its employees, agents or other Contractors or appointed

representatives in connection with the performance of works.

17.0 Consequential Damages:

Except in case of breach of confidentiality obligations,

17.1 The Contractor shall not be responsible for or liable to the

Company or any of their affiliates for consequential, indirect or

special damages or for loss of profits, loss of revenue, loss or escape of product (hydrocarbons) or facilities downtime,

suffered by the Company or any of its affiliates, and the Company shall protect, defend, indemnify and hold harmless

the Contractor and his Sub-Contractors from such claims even

if such liability is based or claimed to be based upon:

i) Any breach by the Contractor or its Subcontractor of his obligations under the Contract

OR ii) Any negligent act or omission in whole or in part, of the Contractor or

of any of his affiliates or Subcontractor or their personnel or any of them in connection with the performance of the Works.

17.2 The Company or its other Contractors or their personnel shall in no

event be responsible for or liable to the Contractor or his Sub-Contractor

for consequential damages suffered by the Contractor or his Sub-

Contractor including without limitation to business interruption or loss of

profits etc. The Contractor shall protect, defend, indemnify the

Company, its employees, appointed representatives, agents and other

Contractors etc., from such claims even if such liability is based or

claimed to be used upon:

i) Any breach by the Company of its obligations under the contract,

OR

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ii) Any negligent act or omission on the part of the Company or any of its employees, agents or other Contractors or appointed representatives

in connection with the performance of works.

9. Clause

18.1-GCC

Failure and termination

18.1 Company may at any time terminate the Contract by giving 15 days’

notice without assigning any reason. In case of such termination of the Contract, full compensation shall be payable to Contractor for all the

services performed till the time the work is wound up(including any

cancellation and demobilisation costs) and when such termination is or for any breach of the terms of the contract attributable to the

Contractor then no compensation shall be payable to the Contractor (other than in respect of the services satisfactorily performed up to the

date of termination) and Company shall have absolute right to invoke

the performance guarantee and get work completed from alternate source at risk and cost of Contractor.

18.1Company may at any time terminate the Contract by giving 15 days’

notice without assigning any reason. In case of such termination of the

Contract, full compensation shall be payable to Contractor for all the services

performed till the time the work is wound up(including any cancellation and

demobilisation costs) and when such termination is or for any breach of the

terms of the contract attributable to the Contractor then,

i) Contractor shall refund all monies paid by Company to Contractor till the

date of termination and;

ii) no further compensation shall be payable to the Contractor and

iii) Company shall have absolute right to invoke the performance guarantee

10. Clause

18.2

Contractor may deliver to Company such complete drawings and other

similar documents relevant to the work as are in its possession in either case of the termination as mentioned above

Notwithstanding the term of CONTRACT, OPaL may terminate this Contract on

written notice to the Contractor if: a) In the event of breach, default or deficiency by the Contractor

under or with reference to the Service to be provided under the Contract, OPaL reserves the right at its option and discretion to

terminate the Contract with the Contractor.

b) Termination on expiry of the Contract: Subject to the prior

termination of this Contract as provided for in the Contract, this Contract shall be deemed to have been automatically terminated on

the expiry of the Contract period (i.e. 25 years after the Effective Date) unless the COMPANY has exercised its option to extend this

Contract in accordance with the provisions, if any, of this CONTRACT.

c) Termination on account of force majeure: Either party shall

have the right to terminate this CONTRACT on account of Force Majeure, as set forth in Clause 23.0 of GCC.

Notwithstanding the term of CONTRACT, OPaL may terminate this Contract on

written notice to the Contractor if:

a) In the event of breach, default or deficiency by the Contractor under

or with reference to the Service to be provided under the Contract, OPaL reserves the right at its option and discretion to terminate the Contract

with the Contractor.

b) Termination on expiry of the Contract: Subject to the prior termination of this Contract as provided for in the Contract, this Contract

shall be deemed to have been automatically terminated on the expiry of

the Contract period (i.e. 25 years after the Effective Date) unless the COMPANY has exercised its option to extend this Contract in accordance

with the provisions, if any, of this CONTRACT.

c) Termination on account of force majeure: Either party shall have the

right to terminate this CONTRACT on account of Force Majeure, as set forth in Clause 23.0 of GCC.

d) Termination on account of insolvency: In the event the Contractor or

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d) Termination on account of insolvency: In the event the

Contractoror its collaborator at any time during the term of this CONTRACT becomes insolvent or makes a voluntary assignment of its

assets for the benefit of creditors or is adjudged bankrupt, then the

COMPANY shall, by a notice in Writing have the right to terminate this Contract and all the Contractor’s rights and privileges hereunder,

shall stand terminated forthwith.

e) Termination for unsatisfactory performance: If the OPaL

considers that the performance of the Contractor is unsatisfactory or, not up to the expected standard, the OPaL shall notify the

Contractorin writing and specify in detail the cause of such dissatisfaction, advising the Contractor to take corrective measures

and set right the defect within 15 days (or any extended period as approved by the Company) of such notice. In case the Contractorfails

to comply with the notice of OPaL, OPaL shall have the right to

terminate the CONTRACT with immediate effect.

f) No amount shall be due and payable to the Contractor for the service(s)in respect of which the CONTRACT has been terminated until

the entirety of such terminated services for the unexpired term of the

Contract shall have been completed and all payments finally due on any account to OPaL and/or any other Contractor in respect of such

services have been finally settled and OPaL has been discharged from all liabilities in respect thereof if thereafter there remains in the hands

of OPaL any excess or balance after all accounting and adjustments

of all dues to OPaL, OPaL shall forthwith pay the excess/balance to the Contractor and in the event of the security deposit and other

dues of the Contractor in the hands of OPaL being insufficient to meet the dues of OPaL as aforesaid, the Contractor shall forthwith on

demand by OPaL pay OPaL the shortfall failing which such balance shall carry interest @ 12% (twelve) per annum until payment in full.

g) The Contractor is prohibited to offer any service/ benefit of any manner to any employee of OPaL and that the Contractor may suffer

immediate termination of agreement in case of such violation.

its collaborator at any time during the term of this CONTRACT becomes insolvent or makes a voluntary assignment of its assets for the benefit

of creditors or is adjudged bankrupt, then the COMPANY shall, by a notice in Writing have the right to terminate this Contract and all the

Contractor’s rights and privileges hereunder, shall stand terminated

forthwith.

e) Termination for unsatisfactory performance: If the OPaL considers that the performance of the Contractor is unsatisfactory or, not up to the

expected standard, the OPaL shall notify the Contractor in writing and

specify in detail the cause of such dissatisfaction, advising the Contractor to take corrective measures and set right the defect within 15 days (or any

extended period as approved by the Company) of such notice. In case the Contractor fails to comply with the notice of OPaL, OPaL shall have the

right to terminate the CONTRACT with immediate effect.

f) No amount shall be due and payable to the Contractor for the service(s)in

respect of which the CONTRACT has been terminated until the entirety of such terminated services for the unexpired term of the Contract shall have

been completed and all payments finally due on any account to OPaL and/or any other Contractor in respect of such services have been finally

settled and OPaL has been discharged from all liabilities in respect thereof

if thereafter there remains in the hands of OPaL any excess or balance after all accounting and adjustments of all dues to OPaL, OPaL shall

forthwith pay the excess/balance to the Contractor and in the event of the security deposit and other dues of the Contractor in the hands of OPaL

being insufficient to meet the dues of OPaL as aforesaid, the Contractor

shall forthwith on demand by OPaL pay OPaL the shortfall failing which such balance shall carry interest @ 12% (twelve) per annum until payment

in full.

g) The Contractor is prohibited to offer any service/ benefit of any manner to any employee of OPaL and that the Contractor may suffer immediate

termination of agreement in case of such violation.

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11. Clause

18.3-GCC

Consequences of termination: In all cases of termination herein set

forth, the obligation of the Company to pay shall be limited to the period up to the date of termination. Notwithstanding the termination of this Contract,

the parties shall continue to be bound by the provisions of this Contract that

reasonably require some action or forbearance after such termination.

Consequences of termination: Notwithstanding the termination of this

Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such

termination.

12. Clause 19.4.1-GCC- Confidential

handling of

Information

Contractor shall ensure confidential handling by its own personnel of all

matters pertaining to plans, policies, cost and other information relating to the project developed or acquired by means of the Agreement/Agreements

that will be entered into between the Company and other contractor/contractors.

Contractor and OPaL shall ensure confidential handling by its own personnel of

all matters pertaining to plans, policies, cost and other information relating to

the project developed or acquired by means of the Agreement/Agreements

that will be entered into between the Company and other

contractor/contractors OR Contractor and other parties.

13. Clause 22.3.2-GCC

Arbitration can be invoked by giving invocation Notice only after expiry of

the 60 days’ period as per Dispute Notice stipulated in the para below.

Arbitration can be invoked by giving invocation Notice only after expiry of the

60 days’ period as per invocation Notice stipulated in the para below.


For a dispute involving claims above Rs.5 crores and upto Rs.100 crore, the

claimant shall appoint an Arbitrator and communicate the same to the other

Party in the Invocation Notice itself along with copy of disclosure made by

nominated Arbitrator in the form specified in Sixth Schedule of the

Arbitration & Conciliation Act, 1996. For the purpose of section 21, the

Arbitration Proceeding shall commence only upon date of receipt of

Invocation Notice complete in all respect mentioned above.

The other party shall then appoint the second Arbitrator within 15 days from

the date of receipt of written notice. The two Arbitrators appointed by the

Parties shall appoint the third Arbitrator within 30 days, who shall be the Presiding Arbitrator.

The Parties agree that they shall appoint only those persons as arbitrators

For a dispute involving claims above Rs.5 crores and upto Rs.100 crore, the

claimant shall appoint an Arbitrator and communicate the same to the other

Party in the Invocation Notice itself along with copy of disclosure made by

nominated Arbitrator in the form specified in Sixth Schedule of the Arbitration

& Conciliation Act, 1996. For the purpose of section 21 of the Arbitration &

Conciliation Act, 1996, the Arbitration Proceeding shall commence only upon

date of receipt of Invocation Notice complete in all respect mentioned above.

The other party shall then appoint the second Arbitrator within 15 days from

the date of receipt of written notice. The two Arbitrators appointed by the Parties shall appoint the third Arbitrator within 30 days, who shall be the

Presiding Arbitrator.

The Parties agree that they shall appoint only those persons as arbitrators who

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who accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the

conditions of this arbitration clause

accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this

arbitration clause


The seat of arbitration shall be the place from where the LOA/NOA has been

issued. For the sake of convenience, Parties may agree to hold the

proceedings at any other venue. The arbitration shall be conducted in the

English language. Insofar as practicable, the Parties shall continue to

implement the terms of the Contract notwithstanding the initiation of

Arbitration proceedings.

The seat/place of arbitration shall be Singapore. For the sake of

convenience, Parties may agree to hold the proceedings at venue(s) in India. The arbitration shall be conducted in English language. Insofar as

is practicable, the Parties shall continue to implement the terms of

the Agreement notwithstanding initiation of arbitration proceedings. The Arbitration shall be administered by the Singapore International Arbitration

Centre ("SIAC") in accordance with its Practice Note on UNCITRAL cases.

16. Clause

23.3-GCC

Upon the occurrence of such cause and upon its termination, the party

alleging that it has been prevented thereby, shall notify the other party in writing, the beginning of the cause amounting to Force Majeure as also the

ending of the said cause by giving notice to the other party thereof within 72 (seventy two) hours of the ending of the cause respectively. If Services are

suspended by Force Majeure conditions lasting for more than two months,

OPaL shall have the option of terminating the CONTRACT in whole or part at its discretion without any liability for breach on its part resultant upon the

termination. Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which such cause

lasts and neither Party shall be entitled for any compensation for any delay or other losses caused by the Force Majeure conditions.

Upon the occurrence of such cause and upon its termination, the party

alleging that it has been prevented thereby, shall notify the other party in writing, the beginning of the cause amounting to Force Majeure as also the

ending of the said cause by giving notice to the other party thereof within 72 (seventy two) hours of the ending of the cause respectively. If Services are

suspended by Force Majeure conditions lasting for more than two months,

OPaL/ Contractor shall have the option of terminating the CONTRACT in whole or part at its discretion without any liability for breach on its part resultant

upon the termination. Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for

which such cause lasts and neither Party shall be entitled for any compensation for any delay or other losses caused by the Force Majeure

conditions.

17. Clause 2.1-

SCC

In consideration of the payments to be made by Licensee under Clause 5.2, Licensor hereby grants to Licensee, effective from the Effective

Date:

2.1.1 a non-exclusive, non-transferable (except as allowed under

Clause 14 (Assignment)) right to use Information, Catalysts and Improvements to manufacture the Licensed Capacity of

the Products by the Process in the Plant and to use and sell the Products so produced in any country of the world. The

Licensee shall also have the right to use Information,

Catalysts and Improvements to design, construct, operate and maintain the Plant and to acquire any equipment

2.1 In consideration of the payments to be made by Licensee under Clause 5.2, Licensor hereby grants to Licensee, effective from the Effective Date:

2.1.1 a non-exclusive, non-transferable (except as allowed under Clause 14 (Assignment)) right to use Information, Catalysts and Improvements to

manufacture the Licensed Capacity of the Products by the Process in the Plant and to use and sell the Products so produced in any country

of the world. The Licensee shall also have the right to use Information, Catalysts and Improvements to design, construct, operate and maintain

the Plant and to acquire any equipment necessary for use in the

practice of the Process in the Plant, to practice the Process in the Plant at the Licensed capacity using the Proprietary Technology and

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necessary for use in the practice of the Process in the Plant.

2.1.2 Non-exclusive licences under Licensor Patent Rights to use Licensor’s supplied Catalysts in the Plant to manufacture the

Licensed Capacity of the Products using the Process and to

use and sell the Products so produced worldwide.

to make, use and sell the resultant products worldwide.

2.1.2 Non-exclusive licences under Licensor Patent Rights to use Licensor’s supplied Catalysts in the Plant to manufacture the Licensed Capacity of

the Products using the Process and to use and sell the Products so

produced worldwide.

18. Clause 9.1-

SCC

Licensor represents and warrants that it has the right to grant the

licencesbeinggranted by it hereunder,

As of Effective date, Licensor represents and warrants that it has the right to

grant the licencesbeinggranted by it hereunder,

19. Clause

19.2-SCC

All rights and licenses granted to Licensee under this Agreement may be terminated by Licensor after expiry of 30 days’ notice provided to Licensor

for rectifying or remedying, upon occurrence of any of the following events that:

19.2.1 Without Licensor's prior written consent, there is any assignment not in accordance with Clause 14;

19.2.2 Licensee is in breach of its obligations related to Confidentiality

under Clause 4 hereof and GCC Clause 19.0 (including sub-clauses

thereunder);

19.2.3 Licensee terminates this Agreement without assigning any reason under Clause 18.1 of GCC;

19.2.4 Subject to the provisions of Clause 5.9.3, Licensee fails to make

timely payment of any fees due to be paid under Clause 5;

19.2.5 Not Used.

All rights and licenses granted to Licensee under this Agreement may be terminated by Licensor after expiry of 30 days’ notice provided to Licensee for

rectifying or remedying, upon occurrence of any of the following events that:

19.2.1 Without Licensor's prior written consent, there is any assignment not

in accordance with Clause 14;

19.2.2 Licensee is in breach of its obligations related to Confidentiality under Clause 4 hereof and GCC Clause 19.0 (including sub-clauses

thereunder);

19.2.3 Licensee terminates this Agreement without assigning any reason

under Clause 18.1 of GCC;

19.2.4 Subject to the provisions of Clause 5.9.3, Licensee fails to make timely payment of any fees due to be paid under Clause 5;

19.2.5 In the event the Company at any time during the term of this CONTRACT becomes insolvent or makes a voluntary assignment of its

assets for the benefit of creditors or is adjudged bankrupt, then the CONTRACTOR shall, by a notice in Writing have the right to terminate

this Contract.

20. NIT-Point-8

Clause 5.2-

Earnest Money Deposit in the form of DD or Pay order/Bank Guarantee: Rs.42,00,000

(Rupees Forty two lakh only)

The Bidders must enclose bid security of Rs.42,00,000/-(Rupees Forty

Two Lakhs only)with the Un-priced Bid.In case of foreign currency, the EMD can also be submitted for the following amount

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ITB The Bidders must enclose bid security of Rs.42,00,000/-(Rupees Forty

Two Lakhs only)with the Unpriced Bid.

USD:59,540

EUR:52,340

21. NIT-Point-

15

Clause

10.1-ITB

Clause

31.0 of

GCC

The Contractor within 15 days of issue of the NOA/ Service Order/Contract shall be required to submit an unconditional and irrevocable performance bank guarantee from Nationalized/ Scheduled Bank for due performance of the Agreement as per the proforma given at Appendix-13 to ANNEXURE I of Tender Document for a sum equivalent to 11.8% of the sum of License Fee , Fee for supply of BEDP, mandatory service fee plus training fee

The Contractor within 30 days of issue of the NOA/ Service Order/Contract shall be required to submit an unconditional and irrevocable performance bank guarantee from Nationalized/ Scheduled Bank for due performance of the Agreement as per the proforma given at Appendix-13 to ANNEXURE I of Tender Document for a sum equivalent to 11.8% of the sum of License Fee , Fee for supply of BEDP, mandatory service fee plus training fee

22. Clause 4.0-

GCC

Commencement and Completion period of Contract:

The commencement date of contract shall be the date of NOA (Notice of Award)/Service Order (SO).

The completion schedule for the activities shall be as below,

Sl.

No.

Milestone Description Time period

1 Supply of Basic Design Engineering Package

(BEDP)

10 Weeks

2 Completion Period 60 Months

However, if the completion schedule is delayed due to reasons solely

attributable to Company, then Company will compensate the Contractor with an appropriate extension of time. No adjustment of Contract price shall be

allowed for reasons of such delay.

The Contract price shall remain firm till the Work as defined in Scope of

Work is completed.

Commencement and Completion period of Contract:

The commencement date of contract shall be the date of NOA (Notice of Award)/Service Order (SO).

The completion schedule for the activities shall be as below,

Sl.

No.

Milestone Description Time period

1 Supply of Basic Design Engineering Package

(BEDP)

16 Weeks

2 Completion Period 60 Months

However, if the completion schedule is delayed due to reasons solely

attributable to Company, then Company will compensate the Contractor with an appropriate extension of time. No adjustment of Contract price shall be

allowed for reasons of such delay.

The Contract price shall remain firm till the Work as defined in Scope of Work

is completed.

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23. NIT-Point

6&7

Closing date and time for submission of bids (Both Un- priced techno-contractual and priced bid) by bidders to OPaL : 23.04.2019 14:00 Hrs

Date & time for opening of tender:

Pre-qualification bid : 23.04.2019 15:00 Hrs

Closing date and time for submission of bids (Both Un- priced techno-contractual and priced bid) by bidders to OPaL : 14.05.2019 14:00 Hrs

Date & time for opening of tender:

Pre-qualification bid : 14.05.2019 15:00 Hrs

(The above change shall be applicable wherever appearing elsewhere in the

tender document.)

Tender no: 1902C00017 Licensor selection for C4 ... › PDF › Amendment-2-1902C00017.pdf · from BEDP acceptance date, whichever is earlier. 20% v) Upon successful completion of

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