REFERENCE CLAUSE NO. TECHNICAL SPECIFICATION NO. / COMMERCIAL REF. NO DESCRIPTION OF THE QUERY RESPONSE FROM NPCIL. Not acceptable

(1)

1 2 3 4 5 6 7 8

1 Kirloskar Oil Engines Limited

1 B 3.4.2 C Contractor shall extend the validity of the Performance Security suitably, if it is required, due to delay in operational acceptance of plant for reasons not attributable to the Purchaser, at its own cost well in time and in any extent before the release of final payment by the Purchaser.

- Tender does not give process of delay in operational acceptance of plant for reasons attributable to purchaser, its time / duration and authority

- In case delay is not attributable to purchaser and contractor how this clause will be operated.

The Bidder has to quote considering Clause No. 3.4.2 C. The Clause is self explanatory and only shall prevail.

2 B 3.4.2 F In the event of change in Purchase Order price, the value of the Performance Security Bond Bank Guarantee shall remain unaltered for up to +/- 15% change in basic Purchase Order price excluding taxes, duties and price adjustment. Beyond this change in Purchase Order price by +/-15%, PBG value shall be revised taking into account the revised Purchase Order value.

We propose any upward or downward change will be amended in accordance to revised price.

The clause shall prevail.

3 B 3.4.6 Indemnity Bond for Free Issue Material (For Fabrication of Items at Contractors works outside

Purchaser's site) The Contractor shall execute an Indemnity Bond in favour of the Purchaser indemnifying the Purchaser and keeping the Purchaser indemnified to the extent of full value of FIM till such time the entire contract is executed and proper account for the FIM is rendered by the former to the latter. For this purpose an Indemnity Bond as per Annexure-E shall be executed by the Contractor.

FIM is not envisaged in this tender. The consumables Viz. diesel, oil, grease, water required for diesel generator erection and commissioning will not be considered as FIM, as they would not be in our custody, please confirm.

Noted, however, Bidder shall note that, only Diesel & Cooling water required for the testing and commissioning of the DG Sets along with its auxiliaries will be arranged by the Purchaser. Lube Oil & Grease required during the erection, testing and commissioning of the DG Sets & its Auxiliaries shall be arranged by the DG Package Contractor only.

4 B 3.4.7 Latent Defect Security:

The Contractor shall submit a Bank Guarantee for 1% (one per cent) of the total value of goods sold, in the respective contract currencies, as security against latent defect. This Bank Guarantee shall be valid for a period of 5 (five) years from the date of successful completion of the defect liability period as per the contract.

Not acceptable

We will provide corporate guarantee

5 B 3.6.2 The corresponding Annexure (List of Approved Subcontractors) to the Contract specifies major items of supply or services and a list of approved Subcontractors against each item, including vendors. The bidder at the time of submission of Part-I (Technical) bid may indicate additional subcontractors for any of the given items, for evaluation by the Purchaser and if found acceptable, inclusion of such subcontractor in approved subcontractors list, before opening of Price Bid. In so far as no Subcontractors are listed against any such item, the Contractor shall prepare and submit to Purchaser a list of Subcontractors for such items for approval and inclusion in such list. List of sub-vendors as issued with the Contract shall be strictly adhered to for procurement of goods/services from designated subcontractor(s). However, under very special and extra-ordinary circumstances, Contractor may request Purchaser for change of subcontractor giving sufficient reasons and submit name and credentials along with contractors recommendation of subcontractor(s) proposed by him to the Purchaser for approval, in sufficient time so as not to impede the progress of work on the Facilities. Approval by the Purchaser for any of the Subcontractors shall not relieve the Contractor from any of its obligations, duties or responsibilities under the Contract.

Vendors for the DG set scope of supply are not traceable on the vendor list in the section -C of the tender. The vendors used in earlier project & are associated with KOEL in BHAVINI, KAPP &RAPP projects (Till execution) will be considered as approved Quotation / Bid will be based on back up quotation of these subvendoors used in earlier NPCIL Project.

Additional vendor requirement is as enclosed and same has to be evaluated by NPCIL.

Vendors list is available in the tender documents. The vendors used in earlier project & are associated with KOEL in BHAVINI, KAPP & RAPP projects (Till execution) can be considered as approved subject to review & further acceptance by Purchaser.

For additional vendor requirement, refer Appendix-I M/s. Kirloskar Oil Engines Limited

(2)

6 B 4.1.5 B b) In the event of such alteration involving a revision in the cost, or in the delivery period the same shall be discussed and mutually agreed pursuant to GCC clause no. 19.2 (Changes Originating from Purchaser).

Cost incurred by the contractor till the change i.e. alteration of specification is received will be paid before finalising alteration specification.

7 B 4.1.6 Urgent

Work

If, by reason of an emergency arising in connection with and during the execution of the Contract, any protective or remedial work is necessary as a matter of urgency to prevent damage to the Facilities, the Contractor shall immediately carry out such work.

The decision of urgent work terminology and duration of urgent work; time interval given for urgent work. Please confirm authority, basis of decision and time for commencement of work.

Tender clauses are self explanatory and shall prevail.

8 B 4.2.1 Time for Completion

4.2.1 Date of completion of the facilities stipulated in the Contract, shall be the essence of the Contract and facilities must be completed by the dates specified therein. Unless otherwise agreed, the Contract shall come into force from the date of issue of priced Purchase Order (Effective Date) and accordingly contractual delivery period shall be reckoned from that date for the purpose of fixing Contractual Delivery Date (CDD) and Contractual Mile Stone Date as the case maybe, and incorporating the same in the contract.

Time for completion will be treated from the date of receipt of advance The clause shall prevail.

9 B 5.1.4 Currency Exchange rate variation for imported raw materials/ components shall not be claimed/ considered separately.

As Contractual execution, delivery period is more than 24 Months, hence ERV clause is required. Where the FOB price to be declared

10 B 5.6.1 Indian Currency portion of the Erection & Commissioning Services The formula for calculation of the monthly price variation of the cost of erection portion of the works is indicated and explained below

Please clarify with detailed example; how to established delay attributable to purchaser; Authority for confirmation

The clause is self explanatory and shall prevail.

11 B 5.9.4 Items & Materials (excluding spares) supplied from indigenous sources a) 10% of Ex-works Price as advance against equivalent bank guarantee, performance security bond and

unconditional order acceptance.

NUCLEAR POWER CORPORATION OF INDIA LIMITED

General Conditions of Contract for Engineering, Procurement and Construction Contracts

GCC/EPC-4/R-3 (28.12.2016) 32 of 99

b) 60% of Ex-works price along with 100% of Taxes & Duties as applicable, on pro-rata basis, upon

dispatch to site against dispatch documents with original shipping release.

c) 20% of Ex-works Price along with 100% of safe delivery charges and Price Adjustment if any, on

receipt of items at site on pro-rata basis against physical verification and certification.

d) 7.5% of Ex-works price on handing over of the facilities to the Purchaser and issue and acceptance of

Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor

Unit.

e) 2.5% of Ex-works will be released on completion of Material Accounting

We propose :

a) 20% of Ex-works Price as advance against equivalent bank guarantee, performance security bond and

unconditional order acceptance.

NUCLEAR POWER CORPORATION OF INDIA LIMITED

General Conditions of Contract for Engineering, Procurement and Construction Contracts GCC/EPC-4/R-3 (28.12.2016) 32 of 99

b) 60% of Ex-works price along with 100% of Taxes & Duties as applicable, on pro-rata basis, upon

dispatch to site against dispatch documents with original shipping release.

c) 10% of Ex-works Price along with 100% of safe delivery charges and Price Adjustment if any, on

receipt of items at site on pro-rata basis against physical verification and certification. d) 7.5% of Ex-works price on handing over of the facilities to the Purchaser and issue and acceptance of

Operational Acceptance certificate as per the format in Annexure-J by the Purchaser for each Reactor

Unit.

e) 2.5% of Ex-works will be released on completion of Material Accounting

For Payment Terms, Bidder shall refer to Clause No. 12 of Special Conditions of Contract (SCC) document enclosed in Section - B, which are self explanatory and shall prevail.

(3)

12 B 5.9.5 Testing/ Analysis Charges

100% of Testing/ Analysis charges along with taxes and duties as applicable shall be paid on pro-rata basis on successful completion of corresponding Testing/Analysis, submission of report thereof and acceptance of the same by the Purchaser.

Contractor will submit the testing and analysis report corresponding to respective analysis and claim the payment on pro-rata basis against invoice. Bank guarantee against this will not acceptable.

For Payment Terms, Bidder shall refer to Clause No. 12 of Special Conditions of Contract (SCC) document enclosed in Section - B, which are self explanatory and shall prevail.

13 B 5.11.1 The Contractors shall submit their invoices for various payments due as per Purchase Order payment terms, along with application for payment in the prescribed proforma to the Paying Authority named in the Contract. Proforma of application for payment is enclosed as Annexure-D to the GCC.

Please provide format of Annexure D to GCC Format will be provided later.

14 B 5.11.2 Each such application for payment shall be accompanied by all required documents as set forth in the Contract and/or intimated to the Contractor in advance. The application for payment by the Contractor if found deficient in any respect, shall not be processed and in such an event, the Purchaser shall intimate to the Contractor in writing within 15 days of receipt of such deficient application indicating the deficiency for rectification of the same by the Contractor. Payment will be released within 30 days from the date of receipt of application for payment complete in all respects and acceptable to the Purchase

All the qualification confirmation and the document required for the claiming the payment will be available to contractor directly including certificate by purchaser or his authorised representative.

Clause shall prevail.

15 B 6.2.1 Delay in Supply Liquidated damages (LD) shall be applicable on the undelivered portion of the DG Sets as per amount identified in billing schedule.

In case, drawing approval, inspection activity delays beyond 3 weeks of scheduled/planned date during the execution, the delivery period shall get extended to that extent automatically for arriving at Liquidated damages if any. The LD shall be applicable/ calculated beyond such extended delivery period.

On Erection and commissioning contract, LD to be applicable on pro-rata basis (No of DG Sets) and only in case all site work is ready and site is clear from all hindrances for erection, commissioning activity by the time individual DG Set reaches at site. This also means availability of necessary electrical load for DG Set trials, Various clearances & consumables (fuel etc.) from purchaser.

The liquidated damages for the delay would be considered as sole and exclusive remedy to the purchaser under this contract.

Purchaser shall issue appropriate extension of delivery schedule (CDD) in case of delay in activity of Purchaser such as approval of drawings, QAPs, inspection, revision of work etc.

16 B 6.5.2 Ownership of the indigenous stores (including spare parts) excluding items of interstate transaction shall be transferred to the Purchaser when the Stores are brought on to the Site. The Purchaser will issue the requisite sales tax declaration form(s) in order to get the benefit of any concession in the rate of sales tax.

Further, in case of all components, equipment and materials identified by the Contractor and the Purchaser to be dispatched directly from the sub-vendor's works are located, the Contractor shall effect sale in transit.

(4)

17 B 6.4.1 Defect Liability Period

a) Items / Equipment / System Defect liability period shall be 18 months from the date of completion of facilities (satisfactory erection and pre-commissioning) or 12 months from the date of Operational Acceptance of Facilities (Commissioning), whichever occurs first, for each reactor unit.

In case of prolonged delay attributable to the purchaser, we accept that tests will have to be performed, however

-a) if the completion of facilities (satisfactory erection and pre-commissioning) does not occur within 8 months from receipt of DG Set (equipment) within the CDD period for the reasons attributable to Purchaser, the defect liability period shall start and would be in effect up to 18 months. However without exceeding the earliest of 12 months from the date of Operational Acceptance of Facilities (Commissioning) on pro-rata basis/ each DG Set/ equipment.

b)After period of 8 months from the date of supply of DG set, the transfer of risk will occur. Acceptance of Facilities (Commissioning)

Tender conditions, along with GCC, shall govern / prevail.

For Defect Liability Period, Bidder shall also refer Section C-2, Sheet 6 of 38, which shall prevail.

18 6.12.1 Definition of Force Majeure Please add following conditions in force majeure -

In the event of delay caused by force majeure conditions, the purchase shall reimburse the increased / new statutory levies, if any for supply and E&C contracts.

19 6.11.1 General Requirements for Insurances

The Contractor shall, “at his own cost”, take out and maintain in effect the following Insurance based on reinstatement value during the performance of the contract and the Purchaser shall be named as coinsured under all insurance policies. All Insurer‟srights of subrogation against co-insured shall be waived. Deductibles / excesses if any, under the insurance policies shall be borne by the Contractor. The identity of the insurers and the type of policies shall be subject to the approval of the Purchaser.

We shall consider the Insurance period up to end of original CDD only in view of statement "performance of the contract".

The provisional extension amendment to the CDD will be issued along with additional charges payable (time to time in advance) for extension of insurance to maintain in effect, this should be irrespective of delay attributable to Purchase or Contractor.

20 Kirloskar Oil Engines Limited 20 GCC Cl. No 5.2 Section - B SCC

5.2 Price Basis 5.2 Price Basis

The Contract prices of all supply items and spares covered under this tender shall be furnished on safe delivery basis to the

Purchaser’s site as under:

5.2.1 Price break-ups of indigenous supply items and spares shall be indicated as follows:

i) FOR Purchaser’s Site price, including but not limited to CIF value of imported raw material / component required for indigenous manufacture.

The prices of indigenous supply items and

Basic price will be applicable for the supply during the contractual period . The price for the items supply or erection commissioning after the contractual delivery period will be separate as per the rate prevailing at that time.

GST as applicable will be extra at actual.

17 B 13.12 13.12 Plantation and Protection of Trees Please clarify the quantity of trees to be planted. For tree plantation NPCIL will provide soiliy land not having hard rocks and debris.

Tender conditions are self explantory and shall prevail

18 B 18.3 Operational Acceptance NPCIL will provide electrical load and the necessary infrastructure (in the purchaser scope)within 15 days of commissioning activities.

Tender conditions shall prevail.

19 ITT 9 Taxes and Duties 9.1.3 taxes and duties as applicable at the time of execution will be applicable extra at actual.

9.1.4 In case of increase in existing taxes; same will be paid along with payment of invoices

Please refer Clause no. 2 of Special Conditions of Contract (SCC).

In case the contractor fails to apply and secure extension of contractual delivery schedule before operational acceptance / handing over of the facilities , acceptance of facility by the purchaser will in no way prejudice the right of the purchaser to levy liquidated damages for delay nor will it entitle contractor for payment of additional statutory levies that comes into force after the expiry of the contractual delivery schedule

(5)

1 Section A 21 Civil Liability for Nuclear Damages (CLND) Act 2010 & Rule 2011 thereof: Under what circumstances NPCILconsider as operator in the CLND clause, will take its (Claim) to the equipment manufacturer even when 100% claim within the contractual conditions settled by contractor.

The liability under CLND mitigation through insurance is acceptable to NPCIL and NPCIL will be as co-insured and subrogation clause waved against the insurer as specified in the insurance clause is acceptable to NPCIL.

2 Section E Template Name :- (F) Detailed Schedule of Quantities & Rates for Special

Testing-All type test prices are asked

Consolidated price for the type test of Generator, DG set - will be provided. Please refer to additional clarification no.3 in the technical queries section for response to this query.

3 Imported Content of EDG set Certificate of Origin to be provided by NPCIL Clause shall prevail.

4 Section E Table e CMM/MEQ/25-24-2-1134 Template Name :- (A) Summary Price Schedule

Please elaborate FE1, FE2 module Clause is self explanatory and shall prevail.

5 Section E Table e Template Name :- (K) Detailed Schedule of Quantities & Rates for Expatriate Field Labour

Please clarify as expatriate engineer / labour would be part of the contract with sub contractor

Clause is self explanatory and shall prevail.

6 Section E Table e CIF value of imported content please clarify the location of filling CIF value of imported content along with exchange rate.

Clause is self explanatory and shall prevail.

7 Section b Table e No Query

8 Section D SUB-SECTION : D-2

Engineering, Procurement & Construction work experience: Please clarify Schedule of Bidder Experience / Schedule of Installation Bidder shall refer Qualifying Requirements given in Section - A along with other tender conditions and requirements and shall accordingly submit the details asked in Section D -2.

8 Section C Level LEVEL - 2 INDICATIVE NETWORK OF DG PACKAGE FOR KKNPP UNIT - 3 & 4 Please confirm

- This schedule will be treated as supersiding to CDD for all delay analysis and LD application.

- This schedule confirms to availability of requisite fronts for taking up erection and commissioning jobs including any preservations requirements.

- This schedule can be referred for additional expenses towards the storage, idle man power towards security and other necessary obligations under tender

Bidder may note that, as the name itself suggests, it is an indicative schedule giving the detailed break up of the various activities to be executed under subject EPC Package including the desired milestone events, taken from overall project schedule .

Bidder shall develop his own level - 2 network based on the above for execution of the contract, and submit the same for Purchaser's review and acceptance, which would then be adopted for execution of the contract.

For CDD & LD related issues, the clauses given in the GCC & SCC are self explanatory and the same shall prevail.

9 Various clause tender ...for the reasons attributable to the Purchaser and/or Force Majeure, ……… . . . .No

increase / new ………. . . . payable during the delay period due to reasons attributable to the Contractor.

Various clause on the tender specifies for the suitable direction or confirmation against the delays attributable to purchaser, however tender does not give any clear position, identity for the delays that may arise for the reasons not attributable to contractor, purchaser or not listed in the force majore. How NPCIL would help or resolve the issues in terms of commercial compensation and contractual delivery date.

10 Section E SUB-SECTION : M Tender Reference No :- CMM/MEQ/25-24-2-1134 Template Name :- (M) Foreign Currency

(6)

36 POWERICA 1 SECTION - A : 8 OF 18 5.3 (a)

Part I Documents requiremen

Please note, once equipments are ready & not Civil fronts, Equipments will be delivered to site at storage space provided by you. Delay on fronts, will automatically entitle the contract extension without levy of Penalty. In case of non availability of Load at the time of comissioing, DG sets will be deemed as handed over. Warranty terms will be 12 months from handing over OR 18 months from date of supply which ever is earlier. Last Preservation treatment will be performed 12 months prior to CDD. Post CDD, Preservation treatment & Warranty terms will be calculated at an extra cost.

Indicative schedule regarding the building readiness and related activities of the EPC -DG Package, matching the required milestone activities of the Project, is already enclosed herewith, which should form the basis for drawing the detailed level - 2, 3 & 4 network schedule for execution of the EPC - DG Package.

In case of readiness of the DG Sets along with its auxiliaries and its delivery to site, the same can be shifted directly to erection location / point in the DG Building. However, in case of non-readiness of the building to accept the DG Sets along with its Auxiliaries, the scope of the Contractor includes safe storage & preservation of the DG Sets along with its auxiliaries at his storage area / premises, at no extra cost. The scope, in such cases, is also inclusive of unloading of the DG Sets at his premises, safe storage, preservation, safe loading again, safe transportation to DG Building, and safe unloading near the DG Building for further erection works, all inclusive in complete respects, at no extra cost.

Issues related to any delay on either side as well as issues related to warranty are already taken care through applicable provisions of GCC & SCC, along with technical specifications, enclosed along with tender document, which are self explanatory and shall prevail.

37 POWERICA 2 Inspection & Testing Procedures are Enclosed for your acceptance / approval. Query is not clear. Requirements of inspection and testing are defined in the tender document, which shall prevail. Based on the same, Contractor shall make his own procedure for inspection and testing and submit the same for Purchaser's review and acceptance.

38 POWERICA 3 11 OF 18 10.1.1

Exemptions for Testing

Can the proposed E/A model exepmted for Type Test certification & Seismic Qualification subject to past performance records acceptable to you.

Query regarding "E/A model" is not clear. However, for Pre-Bid Query regarding exemption from type test certification and seismic qualification, please refer to our requirements in tender documents as well as our pre-bid clarifications regarding a similar query.

39 POWERICA 4 11 OF 18 10.3.1

Erection & comissioing charges

Please advise for pro-rata basis requirement. Query is not clear. However, it is clarified that, the payment terms for the erection and commissioning charges are given in the SCC, which are self explanatory and shall prevail.

40 POWERICA 5 14 OF 18 15.2

Price Preference

as per Clause (a), only declered CIF components will increased by 15% & not the indigeneous components which is sent abroad for assembly & Testing & goes directly to site with assembly. And also IGST portion of that indigenous component should be exempted.

Clause shall prevail. M/s. POWERICA LIMITED

(7)

41 POWERICA 6 17 OF 18 21 CLND

1. Once the Job is handed over to NPCIL , all O&M services accountability & liability of performance is with NPCIL, hence Supplier should be indeminfied from the Recourse. 2.Liability of accident occur due to any mishandling / forceful misuse of equipment OR spikes of other equipments / compounding effect of utility side failure & caused its effects to our Equipments, we shall get indeminfied of the recourse. 3. Our DLP covers manufacturing defects rectification free of Cost. 4. Third Party Liability to be cover by NPCIL. 4. Our Liability under CLND clause begins from date of Erection / comissioing at available Load & not from Operator Licence date. Hope this is the same stated in Clause no. 6.8.7 (c) at pg 44 of 99 at GCC of Sec B. 6. Please confirm CLND Insurance Policy documents to be submitted at the time of comissioing only. 7. For any delays on account of Purchaser, the extenion in CLND policy will be on extra charges applicable at that time.

Issues raised in the Pre-Bid query are well addressed in the Tender Documents (GCC, SCC along with technical specifications & Section - E) which are all self explanatory and shall prevail, as specified.

42 POWERICA 7 SECTION - A : APPENDIX " X"

3 of 7 B.1.(v) Testing

Factory Test will be conducted with resistive load & Testing at Unity Power Factor as per HHI Test procedure. Regret, we cannot offer any electrical Load at our works.

As per the tender document, Electrical Load Testing is required to be carried out and facilities for the same, at whichever suitable & feasible location, need to be arranged by the Contractor.

43 POWERICA 8 SECTION - A : APPENDIX " X"

3 of 7 B.1.(vi) Seismic & ASW

Scope of IEEE & ASW Qualification is 1. Qualification of DG set package with accesories & equipments , By Analysis only . 2. Assembled DG set will be offered for the IEEE test at site only & not at our works . 3. All balance equipments, accesories & auxillaries will be qualified by Analysis only. 4. Qualification of Non safety related components is by Codal compliance.

44 POWERICA 9 SECTION B

GCC

13 of 99, 15 of 99

2.2 & 3.2

Permits, Licences & Approvals

All approvals are in purchaser's scope. Tender specifications in this regard are self explanatory and shall prevail.

GCC

19 of 99 4.1

Scope of Fascilities

Following is in purchaser's Scope : 1.Design, Engineering & execution of All Civil work like all Foundations, DG Room, Trenches, insert plates etc, 2. Storage & Security at site 3. Outgoing cabling/ busducting 4. Earthing for the equipments supplied by DG Vendor 5. Secondary Cooling Water, with pumps, valves, water piping upto Heat Exchanger, MCC panel etc. 6. Bulk Fuel tank, pumps, switches & controls, piping upto day tank. 7. Complete Ventillation system for the DG room 8. Complete lighting system for the DG room. 9. All Statutory approvals . 10. Load , Diesel, aux, supply, water for the Site testing 11. Pro-rata basis payment for the material quoted. 12. Seismic Qualification other than Analysis & Codal method 13. Fire Fighting systems. 14. Support structure for exhaust pipe other than external wall support. 15. Testing methods & procedures other than manufacturer's standard Test procedure. 16. SCADA, HMI & BMS System in toto. 17. Room Acoustic Treatment.

Tender specifications in this regard are self explanatory and shall prevail.

GCC

21 of 99 5.2 Price Basis

(8)

47 POWERICA 12 SECTION B GCC

22 of 99 5.2.5 Civil work

This is not in our scope. Civil works for the construction of DG Building are in Purchaser's Scope, except for areas such as DG Foundation, where grouting is required to be carried out as well as in any other area, where some civil modifications are required to be carried out to cater the manufacturer intended layout/ arrangement.

Further, Bidder shall note that, since the design is based on KKNPP1,2 any minor changes that are needed to suit the Bidder's layout, are within the scope of this Contractor. Also refer clause no. 1.2.5.0 of section C-4 of the tender for Grouting, of DG Set and its auxiliaries, which are also included in the scope of subject Contractor.

GCC

31 of 99 5.9

Payment Terms : from last 10% payment :7.5% upon Handing over

This 7.5% to be released upon Erection & Testing at available Load. Payment terms given in SCC shall prevail.

GCC

32 of 99 5.9.7. d

Erection & comissioing charges ; From Last 20% : 15% against handing over

This please release as 13% upon Erection & 2% against handing over. In case of delays in fronts availability, Payment shall be released to us upon receipt of material.

Payment terms given in SCC shall prevail.

GCC

33 of 99 5.1

Payment schedule

Purchaser shall ensure that payment certification shall be issued within 15 to 20 day & payment should be credited to our account by next 30 to 45 days after submission of invoice. Any delays beyond 60 days shall be paid with Interest @ 24% p.a.

Payment terms given in SCC shall prevail.

GCC

34 of 99 5.13 Interest

same as above. Tender conditions shall prevail

GCC

36 of 99 6.1

Completion Time Gurantee

Its purely depend on mutual Support, Co-opration & job respect. Tender conditions shall prevail

GCC

40 of 99 6.5

Transfer of Ownership

on High Sea Sales to the Purchaser. i.e. deemed delivered to purchaser. Clause is self explanatory and shall prevail.

GCC

42 of 99 6.8

Indeminify agianst Loss/ Damage

Equipment once in NPCIL premises, loss/ theft of stores shall be compensated by Purchaser to Vendor.

Tender condition shall prevail. Contractor shall be responsible for taking care of Equipment till the Completiton of Contract.

GCC

42 of 99 6.8.2

Indeminify agianst Latent Defect

Ok. Any pursposeful / intentional damage, theft of stores shall be compensated by NPCIL free of Cost.

Tender condition shall prevail.

GCC

43 of 99 6.8.6

Indeminify against Fee towards liability under act/laws

This is payable as extra by NPCIL. Tender condition shall prevail.

GCC

43 of 99 6.8.7 Right of Recourse

This will not be applicable in case of maintenance negligence by NPCIL staff after Handing over the plant Or Any purposeful / intentionally created damage by NPCIL Staffer during plant maintainance. This is over & above clause 17 ( c ) of CLND clause. Please refer to the Terms & Conditions of the Supplier's Contingency Policy enclosed.

GCC

44 of 99 6.9.1

Indeminify for Taxes & Duties

Our prices are exclusive of Indian Taxes i.e. GST extra. And any other statutory variation if comes during contract period, the same shall be payableby NPCIL at actuals as applicable.

GCC

51 of 99 8.1

Design Obligation

Engineering, Supply & Execution will be done as per the QAP & FQP enclosed. Any other test requirements or material specification, if not explicitly stated in the tender can be supplied at the discretion of the vendor at an extra cost.

(9)

60 POWERICA 25 SECTION B GCC

51 of 99 8.2

Codes & Standards

We have submitted our product Specification alongwith the offer for your acceptance. Once technical acceptance is done, it is deemed compliance / acceptance of the product to design, engineering, testing, performance requirement of the tender. And, any reqeust on change of specs OR higher side feature from NPCIL can meet out only with additional cost towards the same payable by you & not explicitly clarified / stated in the Tender.

GCC

Please note, Equipments & instruments quoted by us are meeting the explicite specification stated in the Tender. In case, any other higher version models requested, which is above the minimal requirement, it can not be provided. Further, standard instrumentation as per HHI design standard cannot be substituted at all. Please note, Marine qualification standards are not applicable for stationary gensets.

GCC

52 of 99 8.3

Drawings, design & specification for the pacakge

We are submitting the product specification in our Technical proposal. Interpretation of the specification shall be completed at Technical evaluation stage & will deemed accetance once bid qualifies Technically. Design & engineering requirement should be clarified at this stage only, so that vendor can follow the same post PO. Any new requirement may not be possible to comply latter stage.

GCC

54 of 99 9.3.3 Insurance for FIM

Insurance of FIM will be in Purchaser's scope. Noted

GCC

60 of 99 11.2 Possession of site

Delays in handing over the site will automatically qualifies us for Time extension of the project by same duration.

Tender conditions are self explanatory in this regard and shall prevail.

GCC

85 of 99 17

Completion of Fascilities

Purchaser should ensure to provide consumables for Load Tset & handing over after Completion of Erection by us. Any delays beyond 2 / 3 weeks, NPCIL shall certify to released the balance payment.

Bidder's statement in this regard is not acceptable. Since load test of the DG involves synchronisation of the DG Set with grid and issues associated with the same are governed as per tender conditions, which are self explanatory and shall prevail.

GCC

86 of 99 18

Purchaser's Taking Over

Once Erection is completed & comissioing done at available load, this will affect commercial clearance for Payment to release against Taken over of fascilities.

Bidder's statement in this regard is not acceptable.Issues associated with the 'Taking Over' are governed as per tender conditions, which are self explanatory and shall prevail.

GCC

90 of 99 21

Suspension, Foreclosure & Termination

Please note, any such holds by purcahser shall compensate the vendors with equivalent cost & time.

GCC

91 of 99 21.4

Foreclosure of the Contract

Foreclosure at any stage shall have legal right to vendor of cost compensation towards manhours spent, inventory got in stocks & material purchased on this project. Untill Vendor's agree their inability of execution, purchaser cannot turn to new vendor for job execution. Purchaser shall indeminify Vendor of Time & cost invested on such issues of clarifications. If foreclosures initiated by Purchaser SDBG will be returned same time & due compenstaion of the Bank charges refunded to vendor.

69 POWERICA 34 SECTION B.2 SCC

1 of 56 2 Taxes & Duties

In GCC Clause no. 5.2.1 & 5.2.3, GST asked to be excluded. Please confirm. If Price basis is GST inclusive, LD shall be on Basic price without GST.

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3 of 56 9.1.11 GST Payment

GST filed every month for the total monthly billing. GST Portal is yet not effectively displaying real time GST payments. Hence GST amount shoulde be relaesed upon delivery of the material at site. Purchaser anyway can check GST website for verification.

Since the dates for GSTR-1 have been extended by GST Council and not yet notified for the month August 2017 onwards, the Clause 9.1.11 of Invitation to Tender & Tedering Conditions (ITT) shall be read as follows :-

"While claiming the GST the tenderes are required to adhere to the provisions available therein. The contractors are required to ensure that the details of GST charged in the invoice and other details are filled in the GST returns within the due date as notified by the GST Council and also certify the same in Annexure F, only upon which reimbursement of GST would be considered".

9.1.12 GST exemptions

Our billing break up will be basic amount + GST extra as appliacble. Clause shall prevail.

8 of 56 7

Price adjustment

Price increase limit of 25% may please be consider for Price adjustment formula. Tender conditions shall prevail.

9 of 56 12 Payment Terms

BG will not be submitted for 3% payment towards PO placement to Subvendors.7.5% to be released against Completion of Fascilities i.e. upon Erection completeion & Testing at available Load. Or make it 6% upon Erection completeion+ 1.5% on Handing over.

Erection & comissioing charges From 15%, please arrange to release 13% upon completeion of Erection & 2% against handing over fascilities. Payment milestones, shall be honoured against delays of handing over fascilities by Purchaser beyond 30 days of agreed date.

Ocean Freight, Insurance, Transportation, Testing / Analysis, Tools Charges

Please reconfirm weather itemwise charges & GST to be shown separately. Clause is self explanatory and shall prevail.

TDS certificates if not issued by NPCIl timely, then TDS payment with Interest shall be given to the Vendor for delays beyond 90 days from date of TDS deduction.

Since TDS Returns are E-filled, the TDS credit gets reflected immediately after processing in TRACES. Hence this is not acceptable.

Civil work Civil work is not in our scope. Hence this clause is not applicable to us. Civil works for the construction of DG Building are in Purchaser's Scope, except for areas such as DG Foundation, where grouting is required to be carried out as well as in any other area, where some civil modifications are required to be carried out to cater the manufacturer intended layout/ arrangement. However it is clarified that, there's no separate schedule for civil works. Standard payment terms given for Civil works in the SCC are not applicable to any works executed under this package.

23 of 56 17

Right of Recourse

This will not be applicable in case of act of maintenance negligence by NPCIL staff after Handing over the plant OR purposeful / intentionally created damage caused by NPCIL Staffer in plant maintainance. This is over & above clause 17 ( c ) of CLND clause. Do we need to take Contingency Insurance policy if NPCIL has already took whole plant Operator's Licence copy during O&M being conducted by their own staff post handing over. Please refer to the Terms & Conditions of the Supplier's Contingency Policy enclosed.

36 of 56 34 Annexure F

This is no more applicable, since all transaction are now in GST regime. Old Duty & Tax structure is abolish.

Please refer Clause no. 34 of Special Conditions od Contract(SCC).

40 of 56 42 Time overrun

Amount of Compensation reimbursed by the NPCIL to us will be price of the equipements & items as per price break up. Delays in providing the fronts, reserve the vendor claim for time extension & price escalation.

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50 of 56 54

Completion Certificate

All other statutory approvals like CEIG, Pollution Control Board, Operators' Licences, CCOE etc. will be in NPCIL scope.

Scope and Responsibilities of Bidder are well defined in the technical specifications and the same shall prevail.

82 POWERICA 1 Bank Guarantee's format As a part of our Pre-bid queries, enclosed please find comments on your Bank Gaurantee formats of Advance & Security - cum - performance BG from our banker for your acceptance.

Bank Gaurantees viz. Advance and Security-cum-Performance BG has to be submitted strictly as per formats provided in Tender document.

83 POWERICA 1 Section A

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15.5 MSME Price Preference Technical Qualification basis Kindly confirm weather : 1. Supplies & billing references for Technical Qualification including manufacturing, Testing & Erection should be from the same MSME Bidding unit or any subsidary of Non MSME Parent Bidding unit. 2. No of Hours references clicked / completed should be from same MSME unit or any franchiase / subsidiary unit. 3. Supplies to NPP from same MSME Bidding unit OR any of its Subsidary.

Please refer Clause No. 15.5 of Invitation to Tender and Tendering Conditions (ITT) of Section A.

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15.5 MSME Price Preference Financial Qualification basis Kindly confirm weather : 1. Annual Turn over references for Financial Qualification should be from the same MSME Bidding unit or any subsidary of Non MSME Parent Bidding unit. 2. Financial soundness references should be from same MSME unit or any franchiase / subsidiary unit.

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15.5 MSME Qualification Is it correct that MSME years of establishement should be minimum 10 years old, to indicate past 10 years supply & billing references.

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15.5 MSME Qualification Can MSME exemption be relate among Group Companies / Subsidary / bussiness associates.

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15.5 MSME Qualification Can we understand the basis of qualification of 10 crore plant & machinary investment of MSME unit to measure Technical capabilities to execute project of Rs. 500 Crore or above.

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15.5 MSME Qualification a. To execute project of 500Cr or more value, what should be financial Turnover of the bidder. b. with that Turnover, can such company has MSME plant & machinary investment.