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Specification No. – SPCN/I/2016/OFN/BMCS

RREEQQUUIIRREEMMEENNTT

1. NC/NG PASTE MANUFACTURING PLANT CAPACITY 900 MT/ANNUM

(PLANT– 1)

2. SINGLE BASE PROPELLANT MANUFACTURING PLANT CAPACITY 340

MT/ANNUM (PLANT – 2)

3. TRIPLE BASE PROPELLANT AND FLASH REDUCING DISC MANUFACTURING

PLANT CAPACITY 1500 MT/ANNUM TRIPLE BASE PROPELLANT AND

18,00,000 PER ANNUM FLASH REDUCING DISCS (PLANT – 3)

ALONGWITH ASSOCIATED CIVIL WORKS FOR ALL THE PLANTS.

STRUCTURE OF THE TENDER DOCUMENTS

VOLUME ANNEXURE No. SUBJECT SHEETS VOL I Main Tender

Annexure I (General) Technical Specification for Structural Work 3 Annexure II (General) Technical Specifications for Civil Works 7 Annexure III (General) Technical Specification for Electrical Work 2 Annexure IV (General) Environment Norms 15 Annexure V (General) Soil Investigation Report 2 Annexure VI (General) Site Layout 1 Annexure VII (General) Details of Non-Technology Buildings 6 Annexure VIII (General) Conceptual Drawings of Non-Technology Building 5 Annexure IX (General) Fire Hydrants 1 Annexure X (General) Hose Box 1 Annexure XI (General) Format for Advance Bond Guarantee 2 Annexure XII (General) Format for Warranty Bond Guarantee 2 Annexure XIII (General) Format for Letter of Credit 4 Annexure XIV (General) Format for Performance Bond Guarantee 2 Annexure XV (General) Format for Pre Contract Integrity Pact 7 Annexure XVI (General) Format for Integrity Pact Bank Guarantee (IPBG) 2

VOL II Annexure XV (General) STEC Pamphlet No. 1 6 Annexure XVI (General) STEC Pamphlet No. 3 18 Annexure XVII (General) STEC Pamphlet No. 6 3 Annexure XVIII (General) STEC Pamphlet No. 7 24 Annexure XIX (General) STEC Pamphlet No. 8 9 Annexure XX (General) STEC Pamphlet No. 17 8

VOL III APPENDIX-I Technical Specifications for NC-NG Paste Plant 35 pages APPENDIX-II Technical Specifications for SBP Plant 41 pages APPENDIX-III Technical Specifications for TBP Plant 65 pages

TABLE OF CONTENTS FOR MAIN TENDER

1.0 INTENT 1

2.0 CAPACITY OF THE PLANTS 1

3.0 SCOPE OF SUPPLY 1

3.1 Scope of Supply for Plant and Equipment 2

3.2 Scope of Supply under Plant Utilities 3

3.3 Scope of work under Civil Works 3

3.4 Battery Limits 5

3.5 General 5 3.5.1 All Inclusive Scope 5 3.5.2 Insurance 5

4.0 DESCRIPTION OF REQUIREMENT OF PLANT & EQUIPMENT 6

5.0 DESCRIPTION OF REQUIREMENT OF PLANT UTILITIES 6

5.1 Quantitative Requirement of Utilities 6

5.2 Parameters for Purchaser-Supplied Utilities 7 5.2.1 Steam 7 5.2.2 Water 7 5.2.3 Electricity 7

5.3 Utilities to be supplied by the vendor 7 5.3.1 Steam 7 5.3.2 Water Treatment Unit 7 5.3.3 Electrical Equipment 7 5.3.4 Compressed Air 8 5.3.5 Refrigeration / Chilling Unit 8 5.3.6 Air Conditioning 8 5.3.7 Illumination 8 5.3.8 Pollution Control 8

6.0 DECRIPTION OF REQUIREMENT OF SPARES 8

7.0 FEATURES AND FACILITIES FOR SUPPLIES 9

8.0 DESCRIPTION OF REQUIREMENT OF CIVIL WORKS 11

8.1 Building details 11

8.2 Other Facilities 12

8.3 Brief description of facilities 12 8.3.1 Roads 12 8.3.2 Drainage 12 8.3.3 Electrical pole 12 8.3.4 Water supply 13 8.3.5 Electric Supply 13 8.3.6 Lightning protection 14 8.3.7 Fire Fighting Facilities 14

8.4 Indian Safety Regulations & Technical Specifications: 14 8.4.1 Technical specifications for structural work 14 8.4.2 Technical Specification for civil work 14 8.4.3 Technical Specification for Electrical Work 14 8.4.4 Indian Safety Regulations 15

8.5 Other Technical requirements 15 8.5.1 Site clearance, leveling and area drainage 15 8.5.2 Survey and Soil Investigation 15 8.5.3 Anti Termite Treatment 15 8.5.4 Levels of buildings and plinth protection 16 8.5.5 Illumination Level 16 8.5.6 Roof, chajjas and their waterproofing and ventilation 16 8.5.7 Colour scheme 16 8.5.8 Toilets 17 8.5.9 Standards 17 8.5.10 Air conditioning/Ventilation Arrangements 17 8.5.11 Flooring 17 8.5.12 Fencing 17 8.5.13 Finishes in Technology/Production Building 17 8.5.14 Doors, windows and ventilators 18

8.6 General 18 8.6.1 Vendor’s responsibility for ascertaining site conditions 18 8.6.2 Quality of Construction Material 18 8.6.3 Location for labour camp/contractors workshop/site offices 18 8.6.4 Site for Borrow Pits 18 8.6.5 Construction water & power 19 8.6.6 Contract Labour (Regulation and Abolition act 1970) 19 8.6.7 Minimum wages payable to Labour 19 8.6.8 Other Applicable Central or State Laws 19

8.7 Handing over/ Taking over of civil works 19

9.0 TRAINING, DESIGN AND DOCUMENTATION 20

9.1 Foreign Training 20

9.2 Training at Site 20

9.3 Price of Training 20

9.4 Technical Documentation 20

10.0 QUOTATION 20

10.1 TWO Bid system 20

10.2 Technical Bid 21 10.2.1 Compliance Statement 21 10.2.2 Documents/Details to be included with Technical Bid 22 10.2.3 Opening /submission of Technical Bid 23

10.3 Price Bid 23 10.3.1 Format for Plant and Equipment 23 10.3.2 Format for Civil Works 24 10.3.3 General for Plant & Equipment and Civil works 25

11.0 COMPLETENESS OF THE OFFER 27

12.0 CONDITIONS OF THE TENDER 27

13.0 VALIDITY 27

14.0 PERFORMANCE BOND 27

15.0 EXPORT CLEARANCE CERTIFICATE 28

16.0 EFFECTIVE DATE OF CONTRACT 28

17.0 TIME SCHEDULE 28

17.1 Total Time Limit for Turnkey Contract 28

17.2 Commissioning of Individual Plants 28

17.3 Detailed Schedule 29 17.3.1 Technical Bid Stage 29 17.3.2 Contracting Stage 29

18.0 EXTENSION OF TIME 30

19.0 LIQUIDATED DAMAGES 30

20.0 DELIVERY 30

20.1 Delivery of imported items 30 20.1.1 Pre-delivery Inspection 30

20.1.2 Dispatch 31 20.1.3 Shipping Arrangements 31 20.1.4 Packing 32

20.2 Delivery of Indigenous Items 32

20.3 Ultimate Consignee 33

21.0 AFTER SALES SERVICES 33

21.1 Technical Personnel for Assistance during Warranty Period 33

21.2 Assistance After Warranty Period 33

21.3 Commitment to Provide Spares for 10 Years 33

22.0 GENERAL OPERATIONAL GUIDELINES 33

22.1 Working hours 33

22.2 Care and Custody 33

22.3 Security 34

22.4 Safety Rules 34

22.5 Indemnity 34

22.6 Construction Equipment, Tools & Tackles 34

22.7 Secrecy and patent right 34

23.0 PAYMENT TERMS 35

23.1 Advance payment 35

23.2 Mode of Payment 35

23.3 Final Payment of All Balance Amounts 36

24.0 PERFORMANCE GUARANTEE 37

24.1 Elements of the Performance Guarantee 37

24.2 Commissioning and Guarantee Run 38 24.2.1 Condition for Taking Over 38 24.2.2 Performance Test Run (s) 38

24.3 LIABILITY FOR NON-FULFILMENT OF PERFORMANCE GUARANTEE 39

25.0 WARRANTY 40

26.0 ARBITRATION 41

26.1 Bilateral Discussions 41

26.2 Referral to Arbitral Tribunal 41

26.3 Constitution of Arbitral Tribunal 42

26.4 Conduct of Arbitration Proceedings 42

26.5 Costs of Arbitration 42

26.6 Contractual Obligations Pending Arbitration 43

27.0 ACCESS TO THE BOOKS OF ACCOUNTS 43

28.0 AGENTS/AGENCY COMMISSION 43

29.0 INDEMNITY AGAINST PATENT RIGHTS 43

29.1 Assurance for Non-Infringement of Patent Rights 43

29.2 Written Notice by buyer 44

29.3 Defence by Selller 44

29.4 Vendor’s Liability to replace etc. 44

29.5 Discharge of Seller from Liability 44

30.0 PENALTY FOR USE OF UNDUE INFLUENCE 44 31.0 NON- DISCLOSURE OF CONTRACT DOCUMENTS 45 32.0 PRE CONTRACT INTEGRITY PACT 45 33.0 TERMINATION OF CONTRACT 46 34. TRANSFER AND SUB-LETTING 46 35. LAWS AND INTERPRETATIONS 46

1.0 INTENT

The present intent is for supply and installation of NC/NG Paste manufacturing plant, Single Base Propellant manufacturing plant, Triple Base manufacturing plant, including flash reducing discs. These are some of the ingredients required for producing BMC M91/1 (A1) and BMC M92 (A1) charges of required physical, chemical and performance characteristics. These plants shall be capable of producing NC-NG Paste, Single Base Propellant and Triple Base Propellant including flash reducing discs of required physical, chemical and performance characteristics. The intent has been explained in detail for each of the three plants in Appendix-I to Appendix III in Volume III of this specification.

2.0 CAPACITY OF THE PLANTS

The capacities of the individual plants are specified in the appropriate clauses of Appendix-I to Appendix-III. The quality of the finished product for individual plants will be as per the product specification specified and enclosed as Annexure-I of Appendix I to Appendix-III.

The specifications of raw materials for each plant are enclosed as Annexure II to each of Appendix-I to Appendix-III.

The plant supplier shall ensure that each plant offered is new and is capable of producing the specified product (s) under normal condition at full rated capacity and this should be demonstrated during commissioning / guarantee run for each main plants well as for other utilities separately.

3.0 SCOPE OF SUPPLY

It is a turnkey supply. The scope of turnkey supply is included under the following three categories:

(i) Plant and Equipment (Ref. Paragraph 3.1 and Appendix I to Appendix III in Volume

III for details). (ii) Plant Services (Ref. Paragraph 3.2 for details) In both the above cases, the scope of

supply includes supply of the total Plant, Equipment and services including erection and commissioning for the plants specified, to be planned within the plant buildings from one meter outside the cluster of Technology buildings. (Ref. Accommodation Statements for each plant in Annexure V of Appendix-I to Appendix-III, Volume III)

(iii) Civil works (Ref. Paragraph 3.3 for details below) - The scope of Civil works includes all (a) Civil constructions for all buildings including Technology buildings, Non Technology buildings and Unit level facilities and services requirements within the battery limit (Ref. Paragraph 3.4). The services connections will be terminated upto a point one meter from the cluster of technology buildings.

3.1 SCOPE OF SUPPLY FOR PLANT AND EQUIPMENT a) Design, Engineering, Supply of Plant and Equipment, Erection and Commissioning of

all the machineries along with all associated Civil works required for the production of NC/NG Paste, Single Base Propellant and Triple Base Propellant & Flash reducing Discs. The capacities and product quality of each plant shall be as per our requirements and have to be proved by the plant supplier (Also ref 2.0 above). The process descriptions are provided in the Appendix-I to Appendix-III for each plant. An indicative list of equipments is also enclosed as Annexure IV to these Appendices.

b) All manufacturing tools and die required for production of specified products. (Specific details will be disclosed to the successful bidder on signing of non-disclosure agreement. The prices shall however be firm and fixed. )

c) Arrangement for physical integration of NC-NG paste plant with existing NG plant. d) All arrangements for physical integration of the three plants as required for successful

operation of the plant at full rated capacity.

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e) Provision of inter-process mechanized loading & unloading, transport and packing system.

f) Necessary stand by for vital equipments as per requirement of P&M so that there is no stoppage of production due to failure of one item. The equipment list in the technical bid should highlight the stand by equipment provided for in the offer, plant wise in a tabular format.

g) Testing Equipment (including closed vessel test apparatus) required for in process testing as well as for finished products for all the three plants.

h) Neutralisation and Effluent Treatment Plant (Ref Para 8.1 c). The equipment part of the price of neutralization and ETP will be given separately under the Plant and Machinery head and Civil Works portion shall be quoted separately under Civil Works head.

i) Facility for safe working, including accurate metering of all inputs and outputs vis-à-vis yield, temperature and flow rate measurements and central mechanism and safety devices.

j) Pipe, pipe-fittings, flanges, bends, valves etc. required for inter connecting storage tanks/vessels, piping for the process / plant operation.

k) All supports, hangers, clamps, brackets, anchors, holding down bolts etc. for all Plant & equipment, piping, electrical cables, starters etc. shall be included in the scope of supply. All supports etc. are to be coated with 3 coats of epoxy paint

l) Interlocking system should be provided in the instrument control with fail-safe system and stoppages of inputs as per design. The plant shall be provided with indicating, recording and controlling instrument wherever necessary with audio-visual systems.

m) The metering/weighing facilities required for energy audit shall be a built in feature of plant. The meter etc. provided in the plant should be calibrated and certified by internationally recognized laboratories to meet ISO 9002 standards.

n) Furnish detailed literature and documentation for operation and maintenance of said plants in quadruplicate, as also the Mass and Energy Balance. (also Ref 8.4 below)

o) The supply shall include supply of charts, graphs, marking ink etc required for commissioning trials, till takeover and for a further period of one year for full rated operation of the plant.

p) Spares- The supply shall also include adequate sets of un-erected spares such as bearing, valves, scaling, rings, gauges, gaskets, bushes, indicators, recorder, controller, sensors etc. for continuity in production over a period of 3 years. Adequacy of the spares for the quoted period must be confirmed. A list of spares with cost and quantity shall be indicated separately in the price bid. However, the cost of spares will not be considered for deciding L1.

q) The cost of GOCO and AMC for first two years after successful commissioning of the plant should be quoted separately. However, the cost of spares will not be considered for deciding L1.

r) Training of Purchaser’s Personnel (Ref. 9.0 below)

3.2 SCOPE OF SUPPLY UNDER PLANT UTILITIES a) Supply of all electrical equipment. This should be Flame proof/Dust tight &

Explosion proof as per Indian safety rules for explosives. b) Electrical installation including cabling. This shall be as per Indian Safety rules for

explosives. c) Supply and erection of all earthing connections of Machines and equipment.

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d) Diesel generating set of adequate capacity to be supplied to take care of emergency areas during power failure.

e) Supply of equipment and generation of Compressed air for the three plants. f) Refrigeration facility of requisite capacity where required. The refrigeration system

will be chilled water type. g) Painting of all equipment and associated structural and interconnecting piping

wherever possible, with one coat of epoxy based primer. After erection these will be thoroughly cleaned, wire brushed and given two coats of epoxy based acid resistant paint conforming to relevant IS code of practice and as per colour scheme to be approved by the purchaser.

h) Effluent Treatment Plant– The effluent from each plant will be neutralized in a labyrinth in the same plant area. The channels transporting effluents from various buildings to labyrinths shall be of S.W. glazed pipes. Suitable channels and Labyrinths shall be provided by Engineers in consultation with Project Authorities. The neutralized effluent from all the plants will thereafter be collected in a tank through concrete drain. The effluent thus collected in the tank will be treated. The quality of treated water shall be as per specification at para 5.3.8 and Annexure IV (General).The treated effluent will be pumped and discharge line to be connected to the existing waste water discharge line at suitable location decided by the project authority ( Location of existing discharge line is indicated in the general layout).

3.3 SCOPE OF WORK UNDER CIVIL WORKS a) Design, Engineering, Supply and Construction of Civil Works - All associated

Civil works for technology buildings, non technology buildings, roads, area illumination, process and fire fighting water and other services connections within the Battery Limits of the three plants is included within the scope of the present Tender. he design and construction of the technology buildings will be carried out by the Vendor as per Indian Safety Regulations.

b) Layout - The vendor is free to design his own layout of technology buildings as per his Plant design, which should be cost effective and competitive and will satisfy all the Process parameters and the scope of supply, and the relevant Indian Safety regulations.

c) The layout of the offered Technology Buildings will be integrated by the vendor with the other non-technology buildings within the battery limit without disturbing the location of non-technology buildings (ref. Paragraph.8.0) and will be submitted in hard copy, along with the Technical Bids for approval of Indian Safety Authorities before any decision of acceptance of the offer. Vendors however shall be ready to submit the layout drawings in Auto CAD format when asked for after finalisation of the contract. The layout drawings should clearly indicate the safety distances as well as the explosive content for each building.

d) Development of the Plant site within the Battery limits for each of the three plants, by clearing the area, leveling the ground (site layouts with contour overlay are enclosed as Annexures VII to Appendix I to Appendix III), carrying out soil testing if required [Soil Test report is enclosed at Annexure-V (General)], making arrangements for construction water and construction power at site from the location within the project office and allied works.

e) Based on the site conditions, design, engineering, supply and construction of (i) all buildings (technology and non technology buildings), (ii) roads and drainage (iii) Buildings and area illumination including poles and under ground cables (iv) water connection for fire fighting water, process water and steam connections – up to out

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side the plant technology buildings (but will cover inside the non technology buildings) matching with the plant requirement for erection and commissioning of plant (v) Lightning arrester for the technology buildings as per Indian safety Regulations and (vi) Fencing along the boundary of the battery limit (vii) A common laboratory bldg accommodating all the testing equipments required for all the three plants viz NC-NG paste, SBP and TBP is under the scope of supplier. The price quoted for these services and utilities within the battery limit up to one meter of the technology buildings but including inside of non-technology buildings, shall be quoted under Civil works.

The price quoted for Services facilities for Plant shall be under Plant & Machinery as per the format given.

f) Completion of all construction work keeping the plant supply schedule as per the

provision of the contract. g) The supply shall be complete in all respect including all ancillaries such as piping

supports of all kinds of description, bends, fittings, valves, insulation, electrical equipment, cables, instrument and additional plant lighting as per requirements, painting etc. including 3 charges of lubricants and connected consumables.

h) Painting of all equipment and associated structural and interconnecting piping shall be delivered wherever possible with one coat of epoxy based primer. After erection these will be thoroughly cleaned, wire brushed and given two coats of epoxy based acid resistant paint conforming to relevant IS code of practice and as per colour scheme to be approved by the purchaser. All supports etc. are to be coated with 3 coats of epoxy paint.

3.4 BATTERY LIMITS

Battery limits for the combined plants, as well as each of the individual plants are separately defined as the area where all activities in relation to that plant, as per the above scope will be completed. A conceptual location of buildings with reference to the explosive holdings and safety distances for each of the three plants has been prepared and enclosed as Annexure VI to the Appendix-I to Appendix-III. These have also been prepared based on safety distances of the surrounding activities outside the battery limit. The actual location of the buildings with respect to their explosive limits may change depending on the technology adopted by the vendor. In locating the technology buildings, safety distances between buildings, as prescribed in Indian safety regulations should be followed. In any case, it must also be ensured that the Outer Quantity Safety Distances (OQSD) limit ( i.e. distances outside the battery area) as shown in the conceptual layouts are maintained.

The overall battery limit is marked in the layout of the entire area enclosed as Annexure VI (General).

3.5 GENERAL

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3.5.1 All Inclusive Scope

To summarize, the supply shall be complete in all respects within the overall battery limit including all plant & equipment, Civil Works and ancillaries such as pipes, piping supports of all kinds of description, bends, fittings, valves, insulation, electrical equipment including cables, street light, instrument, lightning arrester, painting and three charges of lubricant and connected consumables. The plants shall have built in safety in areas of critical and hazardous operations and these should be highlighted in the technical bid. Notwithstanding anything contained in this specification, items and works/supplies, which are essentially required for successful completion of the work contemplated herein, but have not been mentioned, should be taken into account so as to facilitate successful commissioning of the entire plant along with all safety features.

3.5.2 Insurance

The plant supplier shall undertake insurance cover at his cost against loss or damage for: a) Plant and Equipment and spares of imported origin – up to FOB b) Plant and Equipment of and spares of Indian origin supplied up to delivery at site. c) During erection and commissioning till handing over the plant. d) If any part of the equipment or part thereof however, is damaged during the process of

erection, pre-commissioning trials, commissioning run till the plant is taken over by the PURCHASER, the same will have to be replaced at site by the Vendor/Contractor free of all costs to the purchaser including the erection and commissioning cost in the event of the plant having been erected, if such damage is attributable to the vendor.

e) Vendor shall be responsible for insurance of his personnel during construction, erection and commissioning of the plant.

4.0 DESCRIPTION OF REQUIREMENT OF PLANT & EQUIPMENT The conceptual process descriptions along with requirements have been described in detail in the specifications for individual plants in Appendix-I to Appendix-III. In case the vendor desires to combine certain activities without affecting the capacity, he can do so. Such changes have to be mentioned specifically in the technical bid.

The following must be ensured:

(i) All the machineries should be new, modern, environment friendly and of latest technology with inbuilt safety system.

(ii) Tools and Fixtures – The plant and equipment shall be tooled up. The supply shall include requirement of all tools and fixtures. The drawings of tools and fixtures are not enclosed with the tender specification, but the same shall only be given to the contractor at the time of signing the contract. The price quoted, however shall be firm and fixed which cannot be changed during finalisation of contract.

(iii) Laboratory Equipment – The supply shall include all laboratory equipments including closed vessel tests both for in process test as well as laboratory test. The vendor shall submit a list of laboratory equipment along with the technical bid. The price quoted shall be firm and fixed. A common laboratory bldg accommodating all the testing equipments required for all the three plants viz NC-NG paste, SBP and TBP & Flash reducing disc are under the scope of supplier .

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(iv) All measuring equipment for determination of water, steam and electrical energy consumption at various operating/control points provided should be duly calibrated and certified.

(v) Calibration - The plant and the equipment shall be calibrated in Metric system with all dials, instruction plates etc, in English.

(vi) The plants shall have built in safety in areas of critical and hazardous operations. (vii) Diesel generating sets of adequate capacity to be supplied to take care of emergency

areas during power failure.

5.0 DESCRIPTION OF REQUIREMENT OF PLANT UTILITIES

5.1 QUANTITATIVE REQUIREMENT OF UTILITIES The vendor shall intimate in his Technical bid, the quantitative requirement of Steam, Water and Electricity for his design of the plant so that same can be terminated at a point before the Battery limits. In doing so, the following parameters shall be kept in view and to be confirmed along with the Technical bid. Any deviations in plant requirements for steam pressure, electricity voltages or process water quality etc should be provided for by including adequate plant utilities in the offer.

5.2 PARAMETERS FOR PURCHASER-SUPPLIED UTILITIES

5.2.1 Steam

Steam used in the plant will be provided by the Purchaser from a central boiler and will be terminated at the plant battery limit at a pressure of 6.0 Kg / Sq.cm.

5.2.2 Water

The supply of Process water and Hydrant water will be terminated at the Battery Limit from factory’s own source. Supply of water for hydrants will be at a pressure of 5.0 Kg/Sq. cm. The salient features of process water are as follows:

Parameters Typical Min Max

PH 7.5 7 8 Turbidity NTU 0.6 0.3 1.2 milligrams/litre

Colour (Platinum Scale) 5 5 5 Total Dissolved Solids 94 75 141 Total Hardness (as Calcium Carbonate) 48 34 60 Chloride (Cl) 22 19 25 Iron (Fe) 0.029 0.004 0.084

5.2.3 Electricity

The electric power supply will be made available from factory’s own source through an 11KV/415 V Substation located close by at 415 + 6 % volt, 50 + 2 Hz, 3-phase. Location of substations is indicated on the project layout drawing.

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5.3 UTILITIES TO BE SUPPLIED BY THE VENDOR

5.3.1 Steam

In case the vendor’s design requires a different steam pressure from the one specified at 5.2.1 above, then the vendor has to include in his offer suitable arrangements to meet the requirement of steam for his plant.

5.3.2 Water Treatment Unit

In case the quality of water required for the vendor’s process is at variance with the quality of water specified at 5.2.2 above, then additional unit/plant, as required, will have to be catered in the offer within the battery limit.

5.3.3 Electrical Equipment

a) All electrical connections within the battery limit will be the responsibility of plant supplier. [Refer Annexure III (General) for technical specifications for Electrical work and also refer to the appropriate STEC pamphlet].

b) If the vendor’s plant and equipment requires close range of voltage, the plant supplier

shall supply suitable voltage regulator/stabilizer. c) If un-interrupted power supply during a particular operation, is necessary, to avoid

any type of hazard/accident etc., the plant supplier shall supply suitable generating set.

5.3.4 Compressed Air

Facilities for compressed air have to be supplied by the vendor as per the process requirement of his plant. The supply shall be complete in all respect within the battery limit including connected civil works. Any requirement of water filter/oil trap or drier shall be part of the offer.

5.3.5 Refrigeration / Chilling Unit

The vendor shall include in his offer the supply of refrigeration and chilling unit for each plant, if required as per the process.

5.3.6 Air Conditioning

Temperature and Humidity control, if required in the building, should be clearly specified and suitable Air conditioning system shall be provided wherever necessary for proper functioning of the machine and the process.

5.3.7 Illumination

The scope includes all illuminations, like building, road and area illumination within the overall Battery limit. a) Any requirement for spot lighting on the equipment shall form part of the supply. If

special lighting is required, the same should be indicated in the offer giving details of illumination level.

b) Roads and Area Illumination shall be of LED type.

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5.3.8 Pollution Control

a) The vendor shall be responsible for acquainting himself of and complying with all applicable environmental laws.

b) The vendor shall design his plant to comply with these statutory requirements. The offer should include all utilities required to ensure compliance with the environmental laws.

c) The Government of Bihar rules and regulations relating to pollution and environmental norms to be followed are enclosed at Annexure IV (General).

6.0 DESCRIPTION OF REQUIREMENT OF SPARES

The purchaser would like to purchase spares sufficient for trouble free running of the plant for the first three years. The cost of these spares will be included for cost comparison between all bidders. (a) A list of such spares, required for replacement due to normal wear and tear and

sufficient for three years on the basis of the indicated working hours every day is to be furnished in the technical bid.

(b) Items considered critical and indispensable from the operation point of view shall also be included in the list of spares.

(c) In addition, the vendor shall list and quote for the complete set of PCB’s used in control and other peripheral equipment along with other essential electronic components.

(d) The supplier will confirm provision of critical spares for at least seven more years after warranty is over.

7.0 FEATURES AND FACILITIES FOR SUPPLIES

(i) The equipment to be supplied should be designed for continuous

heavy-duty operations for high precision work, with a design life of at least 20 years. (ii) The plant should be Environment friendly and its environmental impact should be as

per norms followed internationally. (iii) The electrical equipment and contrivances should be energy efficient. (iv) The electrical equipment should provide direct facility for periodical energy audit. (v) Pneumatic transport systems are desirable and the system should not lead to damage

the quality of the product during transportation and also should not generate static electricity.

(vi) Safety of Operation (a) All modern safety gadgets are to be incorporated for safe operation of the

plant. Automatic Drenching/fire extinguisher devices are to be provided wherever necessary. The technical offer should highlight the safety features in the plant (s).

(b) Controls may be automated to the extent possible and remote controlled as far as possible. Sensor and actuators if any should be intrinsically safe.

(c) It should be possible to change automatic controls into manual control either on the spot or by remotely actuated mechanism from the control room whenever necessary.

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(d) The process operations safety interlock in the plant should be controlled by programmable logic system, and operable from the control room.

(e) There would be record of all the measures of importance in the quality of the products and safety of the plant. This will be integrated with indicators & recorders for counter checking accuracy.

(f) HAZOP (Hazard and Operability) study to be carried out. The bidder will ensure that the said study report to be submitted before erection of the plant.

(vi) Material of construction. (a) All items supplied should be new, acid resistant where necessary and should

be compatible with site condition and tropical climate as mentioned in this specification.

(b) All structural supports/backing flanges/foundation bolts etc. which are exposed to corrosive atmosphere must be made of stainless steel.

(c) The design of various equipment shall be in accordance with current Indian Standards and Statutory regulations or recognized regulation or recognized International specification and code of practice. The material of construction of equipment shall be such that it would ensure reasonable economic life and to guarantee quality as well as safety of operation of plant and control of pollution.

(d) The material of construction of various equipment shall be mentioned along with the specifications for the equipment, process wise for each plant separately.

(vii) Environmental and site conditions

(a) Tropicalisation: The equipment should be suitable for installation at place where the climatic conditions change as follows: Temperature Relative Humidity

Max Min Max Min Summer (May/June) 500 C 33% Winter (Dec/Jan) 2.50 C Monsoon 95%

(b) All the functions of the equipment, its hydraulic system, electrical system

and control system, shall be tropicalised to work continuously, trouble-free and with full efficiency under above conditions.

(c) The equipment design should take care of increase in temperature over ambient due to heat generated by the equipment offered.

(d) Performance tests will cover working in the above environment as detailed separately.

(viii) Statutory Requirements

(a) The equipment to be supplied should conform to laid down

laws, rules, specification in respect of safety/protection of personnel, and environmental pollution control including noise level.

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(b) Indian Explosive Safety Regulations to be followed totally and the locations and design of the buildings have to be approved by Indian Explosive Authority. Regarding type of motors to be installed in the building where explosives are handled, the vendor shall follow the regulations on safety for “Electrical Installation and apparatus for buildings and areas containing military explosives.” The vendor shall take the responsibility to get approval regarding location and design of the buildings from Indian Explosive Safety authority within their time schedule.

(c) Indian Laws, rules, specifications will be applicable where ever they exist. In such cases where Indian laws, rules, specifications do not exist international laws, rules specification or those of the country of the equipment will be applicable. In such cases when a specification of the country of origin is to be adopted, deviation from international specification should be clearly brought out in the offer.

(ix) Manpower - The vendor will indicate the number of technical personnel required for normal running of the plant in all the 3 shifts at full out-turn after the plant is taken over. They should give the details of the requirement of personnel of each trade and grade.

(x) Pollution - All environmental laws, regulations, notifications and norms prescribed

for pollution level of any effluents from the equipment as well as noise/air pollution should be strictly adhered to.

8.0 DESCRIPTION OF REQUIREMENT OF CIVIL WORKS The details of Civil Works, which are covered in this tender specification, are as follows:

8.1 BUILDING DETAILS

The accommodation statements detailing all the buildings requirement, and also the drawing of conceptual plant layout within the battery limits are enclosed as Annexure VI to technical plant specifications in Appendix-I to Appendix-III in Volume-III. The conceptual plant layout showing the location of buildings has been prepared based on safety distances of the surrounding activities outside the battery limit. The Vendor shall suitably plan, design and ensure quality control and execute the construction for buildings including non-technology buildings. The elevation of buildings/sheds should be developed economically so that they should have aesthetic & pleasing frontage. The buildings for civil works are classified into two groups: non-technology buildings and technology buildings.

(a) Non Technology and Storage Buildings within the Battery Limits of the particular plant – Certain parameters of some of the non-technology buildings and storage buildings are enclosed as Annexure VII (General). The conceptual drawings of these buildings are enclosed as Annexure VIII (General).

In addition to the above buildings, non-technology civil work includes, roads, drainage, illumination, fencing and steel gate, area drainage, sewerage and services connections (water supply, steam supply, Power supply etc.) upto the technology buildings as shown in the accommodation statements of each of the plants.

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(b) Technology buildings: Dimensions and design of these technology buildings will depend on the technology of the plant suppliers. The specification and design is not enclosed. This will be prepared by the vendor in accordance with Civil Engineering practices and general safety guidelines applied to Explosive Buildings as per Indian Safety regulations. Line plan drawings and the general layout of these buildings are required to be submitted along with the Technical bids. The wall thickness, roof structure, height, steel structure, floorings, ramp, doors, windows, electrical fittings, drainage etc. should be designed matching with Indian safety regulations. (c) Plant wise Labyrinths and Collection tank for Effluent Treatment

The vendor shall suitably plan and design the labyrinths for all the plants and collection tank keeping in view the process & safety requirements and to be located suitably.

8.2 OTHER FACILITIES

Other facilities to be created within the battery limit and inside the buildings as applicable are as follows:

i) All light poles including their foundations ii) All platforms with access facilities and supports structures. iii) All pipe supports, pipe bridge, trestles, lighting towers structures and their foundation

etc. iv) All roads, pathways, paved areas, hard standings etc. v) All drains around buildings and along road/Pathways and interconnection with main

drainage system. All civil works of labyrinths, neutralisation pit around explosive buildings.

vi) All rain water pipe (RWP) connection, sanitary fittings and fixtures, drinking water, sewerage water pipes, fittings septic tank, underground water tank etc.

vii) All wooden /steel doors, windows, ventilators, glazing louvers, translucent sheet, PVC Corrugated sheet supply & fittings, plastic pipes & fittings etc.

viii) All protections against lightning for Technology Buildings, Storage buildings and Non-Technology buildings as per Indian Safety Regulations (Ref para 8.3.6)

8.3 BRIEF DESCRIPTION OF FACILITIES

8.3.1 Roads

Conceptually, the total road lengths of the plants will be about 11 kilometers. In addition, the two cross roads marked as AA’ and BB’ in the site layout in Annexure VI (General) are in the scope of supply. The position, and the road length may be changed slightly depending on the revised layout of the vendor according to his technology. In case of any deviation, the vendor shall specify the total road length. All buildings will be provided with suitable approach roads from the plant roads. Refer to Annexure II (General) Para 16.0 for specifications for the roads.

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8.3.2 Drainage

Drains will be constructed on both sides of the main road as per specifications at Para 17.0 in Annexure II (General). The Vendor shall specify the length of the drainage network in his offer.

8.3.3 Electrical pole (i) Base of Electrical poles are to be done as per requirement for erection of electric

wiring etc. (ii) Grouting of lightning protection poles are to be done in all plants buildings. (iii) Vendor shall specify the number of electrical poles in his offer.

8.3.4 Water supply

(i) Water supply lines within the battery limit up to each of the buildings and inside the buildings as per requirement shall be included in the scope. The water mains shall however be designed keeping in view the ultimate requirements of the plant. The supply system shall be designed by laying suitable pipelines considering the present requirement and supply shall be taken from a point within 15 meters of the battery limit. Drinking water requirements including that for water coolers for 35 employees shall also be considered in each of the staff office and IEs change room. The pipe connections for the water supply – process water, fire fighting water and drinking water, shall be terminated by the purchaser at the entry of battery limit.

(ii) Fire fighting through hydrant network for all the three plants are included in the

present scope. The vendor shall plan to take supply from a point within 15 meters of the battery limit and distribute the network within the battery limit. For the design of hydrant network refer to Para 8.3.7 below. For fire fighting M.S. Pipes shall be designed to withstand the water pressure of 5 kg. / sq.cm. For other pipelines G.I. pipes upto 150mm & M.S. pipes above 150mm shall be used in the distribution network. Air vents, surge-valves, sluice valves and union joints, overlaps etc. of ISS classification, as required, shall be provided.

8.3.5 Electric Supply

(i) All the buildings lighting, Equipment loads, AC plant, road lighting, security lighting

etc. shall be connected to the proper source at one point from the substation located within each plant area. All electrical connections shall be with underground cables. For each building/shed there shall be separate power circuit for Industrial and lighting load.

(ii) Lighting inside the buildings using concealed wiring, shall be designed suitably. In

explosive processing and storage buildings, the fittings shall be dust/flame proof, as specified in STEC pamphlet. All light fittings must be properly anchored/fixed to walls/ceiling.

(iii) Test certificates for all electrical equipment used for explosive/process buildings

should be obtained from the CMRI, Dhanbad.

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(iv) All electrical works, equipment etc. should conform to IE Rules, relevant IS codes of practice in ISI standards.

(v) All electrical installations shall be inspected jointly with OFB electrical inspectors.

Before energizing any systems, IR tests and other tests as required as per IE Rules with proper records have to be undertaken, as per the specification of OFB and as per IE Rules, in the presence of both the electrical inspectors. A copy of the OFB specification is available with Ordnance Factory Board.

(vi) The layout of cable trench/duct inside process/technological buildings shall be

designed by the vendor. The duct covers must be of RCC. 8.3.6 Lightning protection

The Project area is sensitive to lightning. All the production/process buildings/storage magazines/other buildings shall therefore be provided with lightning protection arrangements including earthing as stipulated in the STEC pamphlets No. 17/ISS. (enclosed in Volume II of these specifications)

8.3.7 Fire Fighting Facilities

(i) An indicative location of hydrants with respect to the process buildings is shown in the conceptual plant layout for each plant in Annexures to Appendix I to Appendix III in Volume III of the specifications. The actual number and location of hydrants provided by the vendor will be in accordance with Indian Safety Rules (See the relevant STEC Pamphlet in Volume II of the specifications). The vendor should indicate the number of hydrants planned by him and also the location should be marked on the plant layout drawings to be submitted along with the technical bid. The drawing of a typical hydrant is enclosed as Annexure IX (General). All the hydrants shall be provided with PCC pathway 2 meter wide from the road. All around the hydrant there shall be PCC pavement of size 1.5 X 1.5 meters.

(ii) The vendor shall design and locate Static Water Tanks in the explosive area, within the

battery limit as per Indian Safety regulations. The location and number of static water tanks shall be indicted in the layout drawing. A brief specification of the static tanks is enclosed in Annexure II (General).

(iii)All explosive buildings and explosive stores are to be provided with fire classification board and building numbers display board.

8.4 INDIAN SAFETY REGULATIONS & TECHNICAL SPECIFICATIONS: 8.4.1 Technical specifications for structural work

Detailed Technical specifications for structural work are enclosed in Annexure I (General).

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8.4.2 Technical Specification for civil work

Detailed Technical Specification for civil works along with description of works and specification of paint scheme is enclosed in Annexure II (General) . Buildings flooring should be conductive.

8.4.3 Technical Specification for Electrical Work

Detailed technical specifications for Electrical work is enclosed as Annexure III (General). 8.4.4 Indian Safety Regulations

The Vendor may note that the buildings are in explosive processing area. Hence the rules/regulations, stipulations, design requirements etc. stipulated in the following pamphlets of Storage and Transportation of Explosives Committee (STEC) must be followed:

Pamphlet No.

Subject Annexure

1 Quantity Distance Regulations for Military Explosives 1993

Ref: Techno-commercial specification Volume II

3 Construction of Buildings and Traverses for Military Explosives 1984

6 Regulations on Fighting Fires in Government Explosive Establishments

7 Regulations on Electrical Installations and Apparatus for Building & Areas containing military explosives 1998

8 Regulations on Air Conditioning & Humidity Control in Explosives Areas 1983

17 Protection of Explosives Buildings against lightening 1998

The vendor’s building design and layout will have to be submitted for approval by Indian Safety agency. The vendor shall make design or layout changes if required to do so by the Indian Safety agency based on any specific established practice / regulations. The vendor’s prices will however be firm and fixed and the vendor will not be allowed to revise his prices.

8.5 OTHER TECHNICAL REQUIREMENTS 8.5.1 Site clearance, leveling and area drainage

Site clearance, Leveling, grading of the area for construction of the buildings as and where required, should be done. Depending on the site condition, areas where these buildings shall be located, suitable concrete drains of adequate size for quick and efficient discharge of storm/surface water is recommended. All buildings shall be provided with drains and catch pits which shall be suitably connected to plant/area drainage network.

8.5.2 Survey and Soil Investigation

An extract of the conclusions of the soil investigation report carried out at O F Nalanda site is enclosed at Annexure VI (General). If required, the vendor can peruse the detailed soil report available at OFB. However, the vendor shall be responsible for his own soil investigation/survey.

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8.5.3 Anti Termite Treatment

Provisions for Anti-termite treatment (ATT) for buildings need special attention. ATT given to the buildings will be as per specification laid down in the latest version of IS 6313 (Part – II). Generally Heptachloro emulsification concentrates as per IS 6439 may be used. Ten years guarantee shall be obtained from the party entrusted with the job of ATT and submitted to the Purchaser.

8.5.4 Levels of buildings and plinth protection

The general plinth level should be minimum 450 mm above average Ground Level. In case of low-lying areas/buildings located in depressions, the plinth level should be suitably raised. In no case the plinth level of the building shall be below the level of the concrete road inside the fenced area of the Unit. The width of plinth protection of minimum 750 mm all around the building shall be provided with M-15, 75mm thick over100mm brick hard core over rammed earth.

8.5.5 Illumination Level

The illumination level on the roads shall be 20 lux. LED lamps shall be provided for energy saving.

8.5.6 Roof, chajjas and their waterproofing and ventilation

(i) Buildings under this scope shall be of R.C.C. Roof. Liberal slopes (1:20) for quick disposal of rainwater should be given. The thickness of roof slab for Explosive handling buildings shall be as per design based on Indian Safety Regulation. The thickness of slab for other buildings shall be as per design. The roof shall be provided with bitumen layer with polythene film and P.C.C. with IRC fabric as per latest specification. 10 years guarantee shall be given by the contractor on completion of the work. As intense heat is experienced during the Summer season heat insulation should be made at the roof to ensure lower internal surface temperatures to minimize the radiant heat load to occupants.

(ii) The temperature of 48 degree Centigrade during summer has been recorded at the Project site. Suitable and adequate ventilation arrangements shall be provided in the office building and industrial buildings/other buildings

(iii) Chajjas of adequate size with side drops and front drops shall be provided to the windows and front door openings to stop rain beat hitting the fittings.

(iv) A damp proof course at the plinth level or other measures as per standard engineering practices should be provided for each building.

(v) Cast Iron rain water pipes shall be provided for all buildings, wherever required. The rain water pipes shall have grating at top and shoe at the bottom. The joints shall be jointed with hamp and cement or mortar. The arrangement should be such that there should be free of rainwater through pipes.

(vi) The height of the canopy at the unit level office building shall suit the parking of minibus.

8.5.7 Colour scheme

Technical specification of paints are given in Annexure II (General).

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8.5.8 Toilets

The location/schematic plan of toilets is shown in buildings plans. The fitting etc. for Toilets is to be planned. The sewage disposal shall be planned accordingly as per I.S Specification. The scope includes transportation of sewerage and disposal thereof, properly through septic tank. In the toilet, the flooring shall be of non-skid ceramic (coloured) tiles over sub-based. Walls shall be glazed tiles (coloured) of approved shade. All pipes inside toilets shall be of galvanized iron. All fittings are of brass-chromium plated. Washing basin and WC shall be Vitreous china – colour to match with the internal walls/ tiles.

8.5.9 Standards

All materials for construction will conform to Indian Standard Specifications, wherever such standards exist. Certificates for safety and stability for human occupation of the buildings and structures shall be given by Engineers as per factory rules.

8.5.10 Air conditioning/Ventilation Arrangements

(i) The requirement of air condition load for technological/production buildings may be as per process requirement. The most economical air conditioning/ventilation arrangements should be made. Total air conditioning load should be calculated by the Engineers.

(ii) The computer rooms, attached to unit office shall be suitably air conditioned by energy efficient (5 star rating) split type air conditioners.

(iii) The Toilets etc. shall have wall mounted exhaust fans to achieve 12 to 15 air changes per hour. Cowl and Bird screen should be provided on exhaust fans.

8.5.11 Flooring

Flooring details of each building including type of flooring & load are mentioned in the Specification. Also Refer to para 8.4 in Annexure II (General).

8.5.12 Fencing

Unit fencing will be done with barbed wire of height not less than 3m above ground level. Four Steel Gates will be made with height 2.0m and width 4.0m Approach roads - about 10.0 meter length and 4.0 meter width from the fencing gates to the existing main road shall be in the scope, for each plant.

8.5.13 Finishes in Technology/Production Building

The interior surface of walls land columns shall be perfectly vertical and even. The interior surface of walls and columns and ceilings and the flooring shall be finished smooth and shall be free from cracks and crevices so that no dust settles on it. Internal corners of walls shall be rounded of to prevent dust accumulation. All internal areas of buildings shall have minimum 150mm high skirting of corresponding floor finishes.

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8.5.14 Doors, windows and ventilators

(i) All process buildings shall have adequate numbers of wooden doors of standard sizes to be shown in drawings. The number of doors, windows and ventilators for each building shall be specified in the technical bid.

(ii) In the offices, change room, toilets etc. the windows of steel frame work with wired/reinforced glass and having suitable steel grills shall be provided. The doors shall be wooden panel or made out of wood substitute material. The doorframe shall be MS pressed steel and hinges shall be of steel.

8.6 GENERAL

8.6.1 Vendor’s responsibility for ascertaining site conditions

The vendors are advised to visit the site by making prior appointments with the General Manager giving sufficient time. A tenderer shall be deemed to have full knowledge of all relevant documents, samples, site conditions etc. whether he has inspected them or not, before submission of his tender. The tenderers shall be deemed to have inspected and examined the site and its surroundings and to have satisfied themselves before submitting their tenders as to climatic conditions, the form, contour and nature of site, nature of work and materials necessary for completion of works and the means of approach to the site, the accommodation they may require and in general shall be deemed to have themselves obtained all necessary information on inspection of site as to risks, contingencies and other circumstances which may influence or affect their rates.

Vendor shall satisfy himself after visiting the site as to the nature of the sub-soil to be encountered and the bearing pressure as well as depth at which the original soil will be encountered for the purpose of foundations.

8.6.2 Quality of Construction Material

The materials of construction should be suitably selected by the Vendor but should conform to IS specification. The Vendor shall submit samples / drawings / test reports of the materials to be used to the project authorities for their approval. The responsibility of quality work will however be the responsibility of the Vendor.

All construction materials including Cement & steel have to be arranged by the Executing agency itself.

8.6.3 Location for labour camp/contractors workshop/site offices

The Contractor will be permitted to build temporary labour camp/workshop/site offices on the Defence land near the construction site after obtaining approval from Project Authorities.

8.6.4 Site for Borrow Pits

The contractor will be permitted to borrow earth from the Defence land from the distance not exceeding 5 km. after taking approval from Project Authorities.

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8.6.5 Construction water & power

The water and electricity will be supplied by project authority from a suitable tapping point against payment at applicable rates, by the plant supplier.

8.6.6 Contract Labour (Regulation and Abolition act 1970)

Any executing agency required to employ more than twenty workmen on the work under this contract, shall be bound by the Contract Labour (Regulation and Abolition) Act 1970 and rules framed there under. No contractor or executing agency can undertake or execute his work without a license issued by licensing officer.

8.6.7 Minimum wages payable to Labour

The Schedule of minimum wages is not enclosed along with the tender. The executing agency is deemed to have full knowledge regarding the minimum wages payable to labourers as legally effective, irrespective of the fact that Gazette notification may not have been published or that he was unaware of the increase in minimum wages. The minimum wages legally effective referred to above are the minimum wages notified in Gazette or governed by any local regulations whichever is higher.

8.6.8 Other Applicable Central or State Laws

Notwithstanding anything mentioned above and in Annexures, the executing agency has to abide by statutory rules of the Government of India and Government of Bihar ( such as Workman’s Compensation Act 1923, Minimum Wages Act. 1948, Payment of Wages Act 1936 etc. and rules framed thereon).

8.7 HANDING OVER/ TAKING OVER OF CIVIL WORKS

The following documents will be submitted with six copies each at the time of handing over/taking over the buildings:

(a) Buildings Stability Certificate (b) Completion drawings of the works. (c) Periodical Services measurement book. (d) Register of buildings showing the completion cost. (e) Circuit diagrams. (f) Water and electric supply/distribution diagrams. (g) Guarantee documents in respect of roof treatment and anti-termite treatment. (h) Road & Drain register. (i) Test report in respect of Air conditioning and other Electrical and Mechanical plants

and equipment covered under the work. (j) Test certificate from CMRI, Dhanbad for flameproof fitting. (k) 12 months defect rectification liability also has to be assured with the certificate for

safety and stability for human occupation of the building and structure shall be given by the executing agency as per Factory Rules. Moreover the life of the buildings and structures should be mentioned.

9.0 TRAINING, DESIGN AND DOCUMENTATION 9.1 FOREIGN TRAINING

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Training of ten Purchaser’s personnel for each of the plants (that is a total of thirty personnel) will be arranged by the Contractor for a period of 1 month at Contractor’s manufacturing unit where similar plant is functioning / working. The training at contractor’s manufacturing unit should be done prior to Erection and Commissioning. Training will include all the operation, inspection & testing of input, intermediate and finished materials and maintenance including periodical and preventive maintenance of all equipment including all its ancillaries and utilities. The cost of air travel to the place of training, boarding and lodging for the trainees will be the responsibility of Purchaser.

9.2 TRAINING AT SITE

Contractor shall also train a batch of purchaser’s personnel during erection and commissioning of each of the three plants at purchaser’s works for operation & maintenance The training will specially highlight the mechanical, electrical, controls and instrumentation sides of main plant as well as ancillaries and utilities. The number of personnel to be trained for each process will be discussed and mutually agreed between the contractor and purchaser.

9.3 PRICE FOR TRAINING

The price of training both at manufacturer’s place and in India shall be separately indicated by the bidder.

9.4 TECHNICAL DOCUMENTATION

The Contractor shall submit technical documents and drawings related to process, plant operation, maintenance, inspection and detail engineering drawings for civil works. All documents and drawings (hard and soft copy) to be supplied in quadruplicate.

10.0 QUOTATION 10.1 TWO BID SYSTEM

The vendor shall submit turnkey quotation in two parts in two separate sealed envelopes in triplicate.

(i) Technical Bid (ii) Price Bid

The same will be written clearly over the envelope.

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The technical bid will be opened first and will be scrutinized. After scrutiny of the technical bids, which is supposed to satisfy all parameters of the tender document, the price bids of the technically acceptable offers only will be opened. Advance intimation of opening of price bids will be given only to the vendors whose offers have been found technically acceptable.

10.2 TECHNICAL BID

The vendor shall carefully go through all the features and requirements as detailed in this tender document and submit his offer. The following paragraphs give the details to be included in the technical bid.

10.2.1 Compliance Statement

The vendors shall submit the compliance statement in the following format along with the technical bid, failing which their offers will be treated as incomplete and liable to be ignored. For proper technical evaluation / appraisal of the tender, it is necessary to furnish clause by clause / paragraph wise compliance of this Tender document bringing out clearly deviations from the specification, if any. Each Para and subpara, except those referring to commercial terms, will be referred to in the compliance statement, so that the offer is complete on all technical matters. Compliance to the following is to be specifically indicated:

(i) Technical Specifications for Structural Work (ii) Technical Specifications for Civil Work (iii)Technical Specification for Electrical Work (iv) Safety Regulations as per STEC pamphlets

All deviations from the Technical Specifications are to be clearly brought out by vendor at the tendering stage itself as these specification will form a part at the Contract and the vendor will be bound to supply the plant as per these specifications, in the event of an order being placed on him. The vendor may write “See Price Bid” against paragraphs in the specifications that refer to Commercial terms. Accordingly, the vendor’s response to these commercial terms, must be discussed in the Price Bid, in the same format as below.

FORMAT FOR COMPLIANCE STATEMENT

Para no. of

Tender Specifications

Compliance to the provisions of the para tender document

(Whether Yes or No)

In case of non-compliance, reasons for deviation and the

specification offered 8.5.6 (i) Yes 8.5.6 (ii) Yes

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Additional information about the plant/equipment not covered under the clauses may be furnished separately.

10.2.2 Documents/Details to be included with Technical Bid

The vendor shall submit the following documents/details, separately for all the three plants along with the Technical bid:

i) Process Flow diagram ii) Process Description for the offered plant and equipment iii) Special features and advantage of the offered plant iv) Layout of the plant and utilities showing general arrangement of the plant equipment. v) List of all major plants, equipment, service requirements, controls and instruments

with their brief specification. This list should be enumerated process wise, as far as possible, so as to facilitate a comparison with the indicative list of equipments. Each of the above should be numbered.

vi) Descriptive flow diagram showing the links between the above numbered plant/equipments etc as well as the instrument layout

vii) Quantitative flow diagram describing consumption of raw material and also for utility items separately.

viii) Specification and requirement of utilities viz. chilled water, steam, compressed air & process water (average & maximum).

ix) Installed electric power load average & maximum demand of power separately for utility item, ancillary items & main plant.

x) Guaranteed consumption of raw material and utilities and services during guarantee run for all the plants, stating the basis for calculation of process efficiency.

xi) Requirement of operating personnel, including skilled and unskilled labourers. xii) List of specific exclusion from scope of supply. xiii) Man-hour requirement for carrying out the erection and commissioning of plants and

equipment. Deployment of persons in different technical grade shall be specified. xiv) Composition and quantities of effluents, waste and air pollutants from different plants xv) Description of scheme for treatment of effluents, waste and air pollutants and their

disposal. Vendor shall submit details of scheme for collection of effluent in a tank , treatment thereof and recirculation for use in the plants. Vendor shall also submit a schematic diagram for the treatment plant and the re circulation system in the Technical bid.

xvi) The vendor shall confirm adequacy of the quoted spares for three years. xvii) Layout of buildings within the battery limit xviii) Line plan drawing of individual Technology and non-technology buildings designed

by the Supplier showing dimensions, wall thickness, roof structure. xix) Details of road width, Illumination details etc. xx) Approximate Quantity of earthwork for leveling the areas required

before construction of the building as per contour. xxi) Man hours required to complete the civil works job shall be indicated. xxii) Estimated quantity for items like construction of roads, drainage, sewage lines for the

buildings specified above within the battery limits. xxiii) Total quantity of cement and steel likely to be consumed for entire civil works as

specified above shall be indicated in the technical bid.

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xxiv) The cycle time of processing at each stage / operation. Bidders should clearly indicate the redundancy in capacity and the availability of standby equipments like pumps at each stage / operation.

xxv) Safety features process wise and plant as a whole.

In case the vendor thinks that he can offer certain features/supplies that are more modern, cost effective, safe or efficient over and above the offer as per specifications, then he can make an optional offer. In that case, the technical bid shall give the technical details of the optional offer in addition to the offer as per specifications. The price bid should clearly bring out the additional price against each element on which the optional offer differs from the offer based on specifications.

10.2.3 Opening /submission of Technical Bid

Technical bid will be opened on……….. ……………………………………………India and scrutinized for completeness as per purchaser’s technical requirement. The short listed firm who will be issued the tender enquiry only can quote as prime bidder.

10.3 PRICE BID The scope of work is a Turnkey job. The Vendor shall ensure that price offered shall meet the specification requirement and be as per the format given below, separately for each of the three plants. The price offered will be firm and fixed with following break-up:

10.3.1 Format for Plant and Equipment

S. No Description Foreign Supply (Foreign Currency) fob

port of dispatch (where applicable) Indian Supply (Indian currency) delivery at site

Plant 1 Plant 2 Plant 3 Plant 1 Plant 2 Plant 3 1 SUPPLIES 1a Main Plant & Equipment 1b Services & Utilities for the

entire Plant with connection within One meter from outside the Plant building.

1c Laboratory Testing Equipment

1d Tools and Fixtures 1e Equipment for ETP - for

neutralization

1f Equipment for ETP - for collection pond

1g Spares (for 3 Years)

2 DESIGN & DOCUMENTATION

3 TECHNICAL SERVICES

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3a Supervision Charges for Installation & Commissioning (Total for each Plant)

3b Labour for Installation & Commissioning

3c Material for Installation & Commissiong

Note 1: Evaluation of the offer will be made as per Bill Selling Rupee Exchange Rate of State

Bank of India as prevalent on the date of opening of Price Bids of the Technically accepted offers.

Note 2: The price for Indian Supply has to be quoted on all-inclusive landed FOR destination

price. In addition, the breakup in terms of basic price plus freight, taxes/duties etc. must be indicated, separately in the price bid. The percentage of duties/taxes and authority must also be indicated.

Note 3: The price for supplies ex-India are to be quoted in Indian Rupees and the bank

account and address at India must be indicated for effecting payment in Indian rupees. Note 4: Price for each of the elements mentioned in above format must be indicated in place

of using the word “included” or “free of cost”. 10.3.2 Format for Civil Works

The price bid for Civil works shall be firm and fixed and will include price for material, labour, supervision and all related activities for completion of construction. The quotation will be in Indian Rupees, only as per the following breakup, separately for each of the three plants. S. No Description Price in Rupees

Plant 1 Plant 2 Plant 3 1 Leveling/grading of site 2 Total cost of construction of all buildings

3 Road Network combined for all three plants (indicate length)

4 Activities Outside Plant Building but within Plant Battery Limits (Indicate Total and give the following breakup)

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4a Drainage System (indicate length)

4b Process water Network (indicate length)

4c Fire fighting water network (indicate length)

4d Electrical Cabling (indicate length)

4e Steam Connection (indicate length)

4f Area Illumination (indicate number of Electrical poles)

4g Hydrants & hose boxes ( indicate number of hydrants and hose boxes)

4h Static Water Tanks (indicate number of static tanks)

4i Sewage Lines and Septic Tanks 4j Neutralisation Pit of individual plants 4k Conveyance of Effluent to collection tank

4l Construction of collection tank 4m Civil Works for erection of ETP

TOTAL CIVIL WORKS COST FOR ALL THREE PLANTS

10.3.3 General for Plant & Equipment and Civil works

a) The prices quoted shall be fixed and firm and shall not be subjected to any escalation. b) Taxes and Duties on Plant Supplies -

Foreign Supply – The rates for foreign supply are to be quoted on FOB port of dispatch basis, as stated earlier. Indian Supply – All inclusive landed FOR Destination price, have been sought. However the vendor must also indicate the breakup of this all inclusive FOR Destination price in terms of basic price, freight, taxes, duties, which the vendor may have to pay according to Indian Laws. Whenever such duties/taxes are attracted the vendor will have to pay the taxes and duties and produce the documentary proof for seeking reimbursement to the extent of the amount specified in the above breakup.

c) Taxes and Duties on Civil Works – All taxes, duties, fees, charges etc is the

responsibility of the vendor. In the above format for Civil Works, all prices for Civil Works should be stated inclusive of all taxes, duties, fees and charges applicable – like Works Contract Tax, Service Tax and any other applicable tax. However, the vendor must also include the breakup of the all inclusive Civil Works prices (element wise) in terms of basic price, works contract tax and any other applicable taxes, duties or charges.

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d) Note on Service Tax: As per Ministry of Finance circular No. 59/8/2003 dated June 20,

2003 it has been clarified that Service Tax is Leviable on erection and commissioning charges only and not on material and goods supplied. The circular further clarifies that it is upto the service provider to show the breakup of commissioning and installation charges. In case the service provider shows consolidated charges Service Tax shall be leviable on such consolidated amounts. While referring to a doubt raised as to whether charges for erection of plant are covered under Service Tax, or only commissioning and installation charges, it has been clarified that the law specifically provides for taxation of commissioning and installation of plant, machinery or equipment. Thus all activities other than commissioning and installation of plant, machinery and equipment will not be chargeable to service tax.

e) The vendor shall also submit the construction stage-wise breakup of the all inclusive

Civil works Prices for each Building (including lifting/overhead maintenance bin), in a separate annexure along with the price bid. A similar stage-wise breakup may be given for each facility other than buildings.

Plant Building Price Breakup No. Name Up to

foundation including excavation

Plinth level beyond foundation

Superstructure beyond plinth level

Roof Electrification Earthing and lightning arrester

Finishing

f) Since the work is of Turnkey nature, the vendor will be responsible for complete

execution of the plants and Civil works as specified in scope of work.

11.0 COMPLETENESS OF THE OFFER

Offer shall be complete in all respect including price. Incomplete offer will be summarily rejected. Completed offer shall be submitted in triplicate. The technical bid and Price bid should be identical except that in the technical bid the price shall be left blank.

Offers with price escalation clause are liable to be rejected.

The purchaser reserves the right to order part quantity of the equipment or decrease/increase the quantity of any/all elements of the equipment.

Completed Compliance statement as per Para 10.2.1 shall be submitted along with the Technical bid.

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The purchaser reserves the right to ignore any offer without assigning any reason.

12.0 CONDITIONS OF THE TENDER None of the conditions specified herein will be overridden by any condition made in the tender document by the vendor unless specifically agreed to by the Purchaser in writing.

The date of opening of price bid of acceptable offer will be intimated later.

13.0 VALIDITY The Bids should be valid for 12 months from the last date of submission of the Bids.

14.0 PERFORMANCE BOND Successful tenderer will be required to furnish a Performance Security within 30 days of contract for due performance of contract. The amount of performance security will be 5% of contract value in Indian Rupee or Foreign currency stipulated in contract. The seller will be required to furnish a performance security by way of a Bank Guarantee from Seller’s Bank through an internationally recognised first class Bank in favour of the General Manager, Ordnance Factory Nalanda, Rajgir to be confirmed by an Indian public sector bank. Performance Bank Guarantee should be valid up to 60 days beyond the warrantee period of the contract. The Performance Bank Guarantee shall be considered open upon receipt by the Buyer’s Bank. In case any claims or any other contract obligations are outstanding, the Seller will extend the Performance Bank Guarantee as asked for by the Buyer till such time as the Seller settles all claims and completes all contract obligations. The Performance Bank Guarantee will be subject to encashment by the Buyer, in case the conditions regarding adherence to delivery schedule, settlement of claims and other provisions of the contract are not fulfilled by the Seller. The format of PBG is enclosed at Annexure XIV (General). Failure to submit performance security may entail cancellation of contract and EMD will be forfeited.

15.0 EXPORT LICENSE The Bidders are to confirm that they have requisite export license from their Government to export the specified goods to India or shall be able to obtain the same within reasonable time (say three months).

16.0 EFFECTIVE DATE OF CONTRACT

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The contract shall come into effect on the date of signatures of both the parties on the contract (Effective Date) and shall remain valid until the completion of the obligations of the parties under the contract. The delivery of the goods and performance of the services shall commence from the effective date of the contract.

17.0 TIME SCHEDULE 17.1 TOTAL TIME LIMIT FOR TURNKEY CONTRACT

The vendor shall complete the whole job i.e. Completion of Civil work, design and supply of plant and machineries, erection of the plant and equipment along with associated services connections and commissioning of the complete system within 20 months from the effective date of contract.

17.2 COMMISSIONING OF INDIVIDUAL PLANTS

For the purpose of proper project planning, the commissioning of the upstream plants may be planned in a manner that it is possible for all the plants to be commissioned within the time of 20 months indicated above.

Summary Activity TIME

(Months) Comments

Finalisation of line plan drawing of layout and individual building drawings within the battery limit & Approval of Civil Detailed Engg. Drawings by Indian safety authorities

1

Design and Fabrication at Supplier’s premises and supply of P&M

13 Parallel

Activities Completion of Civil Works 13 Supply of technical documents, drawings 3 sets in English language in hard copy and one set in electronic media

13

Erection and Dry Run 2 Wait Period for Triple Base Propellant 2 Commissioning/Guarantee Run 2 TOTAL TIME 20 The commissioning of the Paste Plant has to be completed within 16 months of effective date of contract. As the Triple Base Plant will use the product of the Paste Plant, the Triple Base plant shall be commissioned within 18 months from the effective date of the contract. The Single Base Propellant Plant should be commissioned within 18 months of the effective date of the contract.

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17.3 DETAILED SCHEDULE

17.3.1 Technical Bid Stage

The vendor shall submit along with the Technical Bid, a hard copy of the CPM/PERT Chart showing the proposed plan only for summary activities or milestones for each plant combined into one Project. Revised PERT Chart on negotiation indicating various completion dates finalized during negotiation shall also be submitted by the vendor.

17.3.2 Contracting Stage

In case the vendor is selected, he shall provide, on softcopy, a detailed schedule of activities indicating activity durations, milestones and supply and commissioning end dates etc. using the MS Project software. The time schedule has to be framed up by the seller in consultation with the buyer, keeping in view the final completion date of the turnkey job. The vendor is also to submit, a hard copy of the CPM/PERT Chart generated using the above schedule, showing the approved plan only for summary activities or milestones for each plant combined into one Project. Revised PERT chart on negotiation indicating various completion dates finalized during negotiation shall also be submitted by the vendor.

18.0 EXTENSION OF TIME

The timely completion of the project as per the agreed time period is the essence of the contract. Any request of the supplier towards extension of time has to be mutually agreed. The purchaser shall consider the request and if such request is granted, it shall be subject to the purchaser’s right to levy liquidated damages and to his right not to allow any price increase.

19.0 LIQUIDATED DAMAGES (a) In the event of seller’s failure to have the plant / machines or any part/installment thereof delivered by the date/dates specified in the contract, the buyer may at his discretion withhold any payment until the whole of the plant / machines have been supplied and the buyer may also deduct from the seller as agreed, Liquidated Damages and not by way of penalty, the sum of 0.5% of the contract price of the delayed supplies for each week or part of a week for which the delay has occurred, subject to maximum of 5% of the value of delayed supplies.

(b) For delay in completion of any works or services attributable to the supplier, which leads to delay in commissioning and final acceptance of the plant / machines, LD will be imposed @ 0.5% of the full contract price of the plant / machines for each and every week and part of a week of delay in commissioning and final acceptance, subject to maximum of 5% of the full contract price. This LD will be in addition to the LD against delay in delivery of supplies. (c) The sum of LD for (a) and (b) above, i.e. for delays in supplies as well as works & services, will be subject to overall ceiling of 10% of full contract price.

(d) LD will be calculated on the basis of total value of goods, including elements of statutory duties and levies viz VAT/sales tax, excise duty, etc as indicated in the contract.

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(e) LD shall be levied for the period for which the supplier was responsible for the delay in delivery/execution i.e. LD shall be waived if the reasons for delay are not attributable to the supplier. The ceiling of 10% of total contract value laid down above, is independent of the ceiling in respect of liability for non-fulfillment of Performance Guarantee referred at Paragraph 24.3.

20.0 DELIVERY The last consignment of the equipment of each plant must be despatched as per the approved time schedule.

20.1 DELIVERY OF IMPORTED ITEMS 20.1.1 Pre-delivery Inspection

The vendor may require a pre-delivery inspection at the supplier’s premises, the details of which will be worked out at the contracting stage.

20.1.2 Dispatch

The dispatch shall be FOB nearest port of dispatch, which shall be indicated in the price bid. The bill of lading, dispatch particulars and packing list should be supplied in advance immediately after dispatch to the ultimate consignee along with the packing list for each case through negotiating Banks. The purchaser will arrange the clearance of packages at Mumbai port in India. The handling of packages at port site and the transportation of the same to plant site at O.F. Nalanda at Rajgir, Bihar, are to be arranged by the supplier at their expenditure, which will be reimbursed at actual by the purchaser.

20.1.3 Shipping Arrangements

The following Transportation clause will form part of the contract placed on successful Bidder – a. Indian firms: The stores shall be delivered DAP, Ordnance Factory Nalanda, Rajgir-803121, Bihar

b. Foreign firms: The stores shall be delivered FOB nearest port of despatch (INCOTERMS 2010, or latest version). The stores shall be delivered to the Buyer by Indian Ships only. Shipping arrangements shall be made by the Chartering Wing, Ministry of Shipping, New Delhi, India. Notice about the readiness of Cargo for shipment shall be given by the supplier from time to time at least 6 (six) weeks in advance for finalizing the shipping arrangement, through Fax/Telex and courier, to the Chief Controller of Chartering (the head of Chartering Wing). Within 3 (three) weeks of receipt of the advance notice, as above, the said Chief Controller of Chartering / Shipping Coordination Officer will advise the supplier, through Fax/Telex and courier when and on board what vessels, these goods or such part thereof are to be delivered. If the advice for shipping arrangement is not furnished to the Seller within 3 (three) weeks as aforesaid or if the vessel arranged is scheduled to arrive at the specified port of loading later than 15 (fifteen) days of the date of readiness of cargo,

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as aforesaid, the Seller may arrange for such transport on alternative carriers with the prior written consent of the Buyer. Where the Seller is required under the contract to deliver the goods on FOB basis and to arrange on behalf and at the expense of the Buyer for ocean transportation on Indian flag vessels or vessels of conference lines in which India is a member country, the Seller may arrange for such transportation on alternate carriers if the specified Indian flag vessels or conference vessels are not available to transport the goods within the time period(s) specified in the contract, with the prior written consent of the Buyer. Should the goods or any part thereof be not delivered on the nominated vessel (except in case where prior written consent of the Buyer was obtained), the Seller will be liable for all payments and expenses that the Buyer may incur or be put to, by reason of such non-delivery including dead and extra freight, demurrage of vessels and any other charges, whatsoever incurred by the Buyer. The date of issue of the Bill of Lading shall be considered as the date of delivery. No part shipment of goods would be permitted. Trans-shipment of goods would not be permitted. In case it becomes inevitable to do so, the Seller shall not arrange part-shipments and/or transshipment without the express/prior written consent of the Buyer. The contact details of Chief Controller of Chartering are: Ministry of Shipping, Chartering Wing, Transport Bhavan, Parliament Street, New Delhi-110011 (Telegraphic Address: TRANSCHART, NEW DELHI-1, Telex "VAHAN" In 31-61157 OR 31-61158, Phone +91 11 2371 9480, Fax +91 11 2371 8614).

20.1.4 Packing

Packing should be strong, secured and seaworthy to avoid any damage during transportation, loading and unloading and also to avoid damage due to rain, weather and other climatic effects. Packing shall be marked as below .

Indigenous Supplies The following markings on two opposite faces and top side should be stenciled in legible ink on the packing cases containing the consignments at the time of dispatch: i. Contract No & Date: ii. Name of the consignee: iii. Full address of consignee: iv. Total No of packages & Sl No of package: v. Up right arrow. vi. Gross weight: vii. Special marking for case. viii. Brief nomenclature of equipment: ix. Slinging position. Imported Supplies The Seller shall mark each package with indelible paint in the English language as follows:- i. EXPORT ii. Contract No & Date: iii. Consignee: iv. Port / airport of destination: v. Ultimate consignee: vi. SELLER: vii. Total No of packages & Sl No of package:

viii. Gross/net weight: ix. Overall dimensions/volume: x. Up right arrow. xi. Special marking for case. xii. Brief nomenclature of equipment: xiii. Slinging position If necessary, each package shall be marked with warning inscriptions: <Top>, “Do not turn over”, category of cargo, etc.

20.2 DELIVERY OF INDIGENOUS ITEMS For indigenous equipment, dispatch shall be delivery at site at O.F. Nalanda. Dispatch documents, Packing list, Lorry receipts etc. should be supplied in advance for immediately after dispatch to the ultimate consignee.

20.3 ULTIMATE CONSIGNEE

The ultimate consignee will be – “The General Manager, Ordnance Factory Nalanda, P.O – Rajgir, District – Nalanda , BIHAR, INDIA.

21.0 AFTER SALES SERVICES 21.1 TECHNICAL PERSONNEL FOR ASSISTANCE DURING WARRANTY PERIOD

Depending on necessity the supplier shall arrange to send to the factory conversant engineer/chemist / technical personnel during the warranty period (each visit not exceeding one week) for checking or any other help required for operation and maintenance of the plant & equipment. All expenditure for these visits shall be borne fully by the supplier.

21.2 ASSISTANCE AFTER WARRANTY PERIOD

The supplier shall also render help and guidance to the purchaser as and when required, after the expiry of warranty period for at least 10 years on mutually agreed terms and conditions.

21.3 COMMITMENT TO PROVIDE SPARES FOR 10 YEARS

The supplier shall be committed to make available the spares for 10 years period from the completion of the warranty period.

22.0 GENERAL OPERATIONAL GUIDELINES 22.1 WORKING HOURS

The working hours shall be as per paragraph 24.2.2 including Saturdays, Sundays and other holidays except in cases required due to exigencies if any at the total discretion of purchaser.

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22.2 CARE AND CUSTODY

Care and custody of erection materials will be vendor’s liability. Factory can allot an open space on temporary basis near to site on request. Vendor will have to make their own arrangement for lockable shed, if required. Movement of vendor’s men inside the project area and their safety pertaining to the work assigned will be vendor’s responsibility. The contractor may be permitted to carry off surplus/scrap materials left over after successful completion which were brought by them All the temporary construction should be demolished in presence of OF Nalanda staff, after construction work is completed.

22.3 SECURITY

Security passes and tokens will be issued to all personnel on submission of Police verification reports by vendor to O.F.Nalanda. The above Passes/Tokens will be revalidated based on expiry date. Passes/Tokens will be returned to the Security Office immediately after completion of work and certificate to this effect will be obtained from Security Officer, OF Nalanda. The vendor’s men will be liable for search while entry/going out of factory.

22.4 SAFETY RULES

Safety and statutory regulations in force are to be followed at the time of execution of work inside the project area. Local regulations regarding movement of men, material and equipment in and out of the factory and all safety precautionary measures have to be followed by the contractor’s men while working at site. Land for site office, godown and labour camp will be provided. The vendor should clearly mark the site and obtain GM/OFN or his representative’s clearance before starting the construction work.

22.5 INDEMNITY The project authorities will not be responsible for any injury to contractors men or machinery during erection and commissioning. Indemnity against any untoward happening during erection, commissioning and trial run shall be provided by the seller for personnel directly / indirectly employed by him or his sub contractor. The vendor will be totally responsible for adherence to all statutory regulations with respect to employment of labour for working at the factory site.

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22.6 CONSTRUCTION EQUIPMENT, TOOLS & TACKLES

The contractor will bring his own construction equipment, tools & tackles consumables like gases, electrodes etc. to carry out the job at O.F. Nalanda site.

22.7 SECRECY AND PATENT RIGHT

The Vendor shall not disclose to any third party nor commercially exploit any information regarding manufacture, process, design & method of these tender documents and treat such information as SECRET.

The Vendor shall defend any claim which alleged in a suit for proceedings against the PURCHASER that any equipment or any part thereof, or any process of manufacture supplied by the contractor, constitute an infringement of any patent, if noticed promptly in writing and given authority information and assistance for the defence and the Vendor shall pay all damages and costs awarded against the purchaser in such suit or proceedings for patent infringement.

The foregoing stated the entire liability of the Vendor/Contractor for patent infringement.

23.0 PAYMENT TERMS

23.1 Advance Payment: 23.1.1 Normally payment is made after receipt of goods at the site. However, under special

circumstances, interest-free advance payment can be considered for up to 15% contract value.

23.1.2 There will be no advance payment for Training and Supervision of Erection & Commissioning services.

23.1.3 Advance payment shall be made only after submission of Bank Guarantee for 110% of advance amount and will be deducted proportionately from subsequent payment.

23.1.4 Advance payment shall be without interest within the original delivery period. In case the delivery of the plant is delayed due to reasons for which the contractor is responsible, interest will be charged on the outstanding amount of the advance payment during the extended delivery period. The rate of interest will be equal to 12-month LIBOR (London Inter Bank Offered Rate) + 100 basis points for payment in foreign currency and SBI’s Base rate plus 200 basis points for payment in Indian Rupee, reckoned on the date of release of advance payment.

23.1.5 In case of Machinery and Equipment advance, the contractor shall ensure insurance and hypothecation of the same to the purchaser (employer).

23.2 Mode of Payment: 23.2.1 Payment for Indian parts of the plant in Indian Rupees will be deposited directly to the nominated

bank account of the supplier in India.

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23.2.2 Payment for imported parts of the plant in foreign exchange will be made through irrevocable and divisible Letter of Credit to be established on a scheduled PSU bank in India. In case the supplier wants the LC to be confirmed, the charges of confirmation will have to be borne by them.

23.2.3 Purchaser will establish LC only three months prior to the actual date of delivery/ shipment. If

any extension of the Letter of Credit (LC) is required due to the fault of the supplier, the supplier will have to pay for such extension.

23.2.4 In case supplier insists on establishment of LC immediately after conclusion of contract/ placement of order irrespective of delivery/ shipment schedule, LC will be established by the purchaser immediately after conclusion of contract for a period of three months with a provision in LC that cost of further extension or validity of LC will be borne by the beneficiary and the issuing bank will be advised accordingly while amending the LC.

23.2.5 If supplier insists on opening of LC along with the order for full period of contract and does not accept to bear the LC charges beyond three months, the additional cost involved in keeping the LC valid for the period beyond three months will be loaded on the supplier’s quoted price, while evaluating the bids. In case the contract period is extended for reasons for which the supplier is responsible, the cost of maintaining the LC in the extended period will have to borne by the supplier.

23.3 Final Payment of All Balance Amounts : 23.3.1 Payment for 80% value of foreign equipment and spares less advance payment if any will be

made after dispatch on pro rata (Exact Pro –rata milestones will be finalised after Pre- Bid conference) basis on submission of the following documents:

(a) Invoices in 6 copies (original and 5 copies) covering the value of goods delivered.

(b) 6 copies of packing list.

(c) 1 copy of non-negotiable Bill of Lading or airway bill.

(d) Certificate from the contractor confirming that the original shipment documents have been despatched in accordance with the requirement of the contract to the Port Consignee. (e) Certificate of Origin issued by contractor or its Chamber of Commerce.

(f) Certificate from contractor indemnifying against third party rights.

(g) Certificate that the equipment and spares are new, unused and from current production.

23.3.2 Payment for 80% basic price of Indian equipment and spares less advance payment if any plus 100% Taxes, Duties, if any, will be made on pro rata (Exact Pro –rata milestones will be finalised after Pre- Bid conference) basis on receipt of the items at site and against submission of the following documents:

(a) Invoices in 6 copies (original and 5 copies) covering value of goods delivered.

(b) 6 copies of packing list.

(c) Certificate that the equipment and spares are new, unused and from current production.

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(d) Certificate of receipt at factory from the Purchaser or his representative.

(e) Documentary proof of actual payment regarding claim for ED, sales tax or any other taxes paid in India.

(f) Certificate of Contractor indemnifying against third party rights.

23.3.3 Payment for 90% price of Design & Documentation less advance payment if any will be released in two stages – (i) 50% less advance amount if any, on receipt of initial documents like design specifications, Approved For construction drawings, layouts, etc and (ii) 40% on receipt of final documents like As Built drawings of the Plant, Operation Manuals, Maintenance Manuals and electronic copies of all documents – on submission of: (a) Six copies of commercial invoices (original and 5 copies).

(b) Signed certificate from the Contractor stating that all initial / final (as applicable) design and documentation required as per the Contract have been delivered to the Purchaser as on date of the certificate.

(c) Certificate of receipt from the Purchaser or his representative. 23.3.4 Payments for up to 90% of value of civil works less advance payment if any `will be made in

stages, i.e. after execution of identifiable, measurable and verifiable milestones, on submission of commercial invoices, certified by the CONTRACTOR. For construction of buildings, the stages are (i) Site clearance and excavation for foundation 10%, (ii) Plinth level - 20%, (iii) Superstructure up to roof level - 30%, (iv) Roof - 20% and (v) Finished building - 10%. For other erection works at site like mechanical, piping, electrical and instrumentation, payment can be made progressively in monthly/quarterly intervals on submission of invoices with copies of measurement records. Each claim for payment will be released within one month after verification by designated official of the Purchaser.

23.3.5 Payment for 90% amount for Training in contractor’ premises in foreign country will be released after completion of training on submission of: (a) Six copies of commercial invoices (original and five copies)

(b) Certificate signed by the Purchaser for completion of training as per the contract. 23.3.6 Balance 10% or 20% payment for above items along with 100% value of Supervision of Erection

& Commissioning (E&C) charges will be made, after commissioning, performance guarantee run (PGR) and final acceptance of the plant, on receipt of Commercial Invoices with Final Acceptance Certificate and Warranty Bond for 5% of contract value.

24.0 PERFORMANCE GUARANTEE 24.1 ELEMENTS OF THE PERFORMANCE GUARANTEE

The Vendor shall guarantee that the plant & equipment supplied by him shall produce the end products conforming to capacity and quality specifications as per this tender and other information to be disclosed at the contracting stage after signing of non-disclosure

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agreement. The products from the three plants (NC-NG Paste, SBP and TBP & FRD) have to be dynamically proven. The Vendor will ensure that his supplies will satisfy the requirements of the process.

The Vendor shall also guarantee that the consumption of raw materials and utilities under normal operating conditions shall not be more that those specified in the offer.

24.2 COMMISSIONING AND GUARANTEE RUN 24.2.1 Condition for Taking Over

The complete works related to erection and commissioning of the plant will be carried out by the vendor, which is to be carried out in accordance with the requirements of guaranteed performance and operational safety of the plant. Changes or modifications on equipment, piping, electrical or instrumentation which have to be made during or after completed erection and/or installation caused by incorrect erection/installation work shall be carried out by Vendor at his cost. After completion of erection and installation of the plant as a whole, both parties will sign a protocol as a proof of the completion of erection and wet/dry-runs/trial run. The performance of the plant & equipment will be demonstrated by the Vendor in performance test runs before the plant & equipment are accepted and taken over by the PURCHASER.

24.2.2 Performance Test Run (s)

Within one month after the date of completion of dry/wet/trial runs, the performance test runs will be carried out as described below in order to prove the contractual capacity, quality, dynamic proof and consumption rates and flexibility for the plant. The test and evaluation (measuring) periods of performance guarantee runs shall be as follows: Description Plant 1

NC-NG Paste Plant 2 SBP

Plant 3 TBP & FRD

Normal Operating Time

1X8 hour shift per day

2X8 hour shift per day

2X8 hour shift per day

Production during Commissioning/ Guarantee Run of 10 continuous days

41 MT 15.4 MT a) 68.1 MT of TBP, and b) 81818 No. FRD

Dynamic Proof The vendor has to demonstrate that the products from the three plants supplied by him are able to pass dynamic proof.

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Assistance in form of services, such as water and electricity may be provided by Purchaser upto the battery limit. The Vendor shall indicate in advance the requirement of water and power before battery limit for erection purpose. The Vendor shall take responsibility for water, electricity, and compressed air within the battery limit for their use. At the end of guarantee runs the capacity achieved, quality of product produced, time cycle of production and the actual consumption of raw materials and utilities will be recorded and performance on weekly basis shall be worked out.

In the event of the capacity falling short of guaranteed figures or the efficiency of the plant or quality and dynamic characteristics of the end products not conforming to the specification, the Vendor shall immediately carry out at his own cost and expenses modification, rectification or replacement or make additional supplies necessary to achieve the guaranteed performances within a period of one month from the date such variation is noted. After such modifications, the vendor shall be allowed a second performance test run only after he has established the quality parameters of the product as given. Such second test run shall extend over a period of up to one month, to achieve the guaranteed performances. The cost of rectification of defects, trial run including extended stay for foreign and Indian technicians shall be borne by the vendor.

If the guaranteed capacity and quality satisfy the requirements of (i) quality and capacity of the products and (ii) consumption of raw materials vis-à-vis yield & services, then the individual plant shall be accepted. When all performance tests to be demonstrated by the vendor in respect of all plants and end products have been successfully carried out, the PURCHASER shall within one week of the completion of the tests, issue Final Acceptance Certificate. From the date of this certificate, all the three plants and all associated works are considered as finally accepted and taken over.

24.3 LIABILITY FOR NON-FULFILMENT OF PERFORMANCE GUARANTEE

If even after the second performance test run the quality is satisfied but the efficiency calculated falls short of guaranteed figures the vendor shall pay to the PURCHASER as compensation 1% of the total contract price for each 1% short fall in efficiency subject to a maximum of 10% of total contract price.

If however, such variations on any one account exceed 10% or if the quality of end product as specified is not achieved and identified as vendor’s fault, the PURCHASER shall have the right to reject the plant, make alternative arrangement at the risk and cost of the vendor, and encash the performance bond or Warranty bond.

25.0 WARRANTY

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25.1 The supplier shall warrant that the plant/machine (including associated works constructed by the supplier) will be free from defects in design, material or workmanship. Supplier’s obligations under the warranty shall involve repair, rectification and making good at site any defect, imperfection or fault attributable to defective design, material or workmanship. If the plant/machine is found to have a Defect that can be assumed to be present also in some other portion of the plant/machine, the Supplier shall investigate whether such further Defect is present, and shall make good any further Defects found.

25.2 The supplier shall furnish PBG / Warranty Bond for 5% of contract price valid for two months after warranty period, as security for its warranty obligations.

25.3 The following Warranty clause will form part of the contract with the successful bidder:

“ 25.3.1. The contractor/seller hereby warrants that the plant/equipment sold/supplied to the purchaser

under this contract shall be of the best quality and workmanship and new in all respects and shall be strictly in accordance with the specifications and particulars contained/mentioned in the said contract.

25.3.2 The contractor/seller further warrants that the plant/equipment would continue to conform to the specified description and quality and would be free from any non-conformity with the requirements of the contract (hereafter referred to as a ‘defect’) due to faulty design, materials or workmanship, for a period called ‘warranty period’ or ‘defects liability period’ as defined below:

o 12 (twelve) months from the date of commissioning and acceptance of the plant/equipment at the purchaser’s site, in case of turn-key supply contracts, or

o 12 (twelve) months from commissioning and final acceptance of the plant/equipment at the purchaser’s site or 18 (eighteen) months from the date of delivery for indigenous equipment or 21 months from date of delivery for imported equipments, whichever is earlier, in case of other contracts.

25.3.3. If the commissioning/acceptance of the plant/equipment is delayed due to fault of contractor/seller, the warranty period will automatically get correspondingly extended.

25.3.4. Notwithstanding the fact that the purchaser (or his representative) may have inspected and/or

approved the plant/equipment, if any defect is discovered in the plant/equipment during the aforesaid warranty period and the decision of the purchaser in that behalf shall be final and binding on the contractor/seller, the purchaser shall be entitled to call upon the contractor/seller to rectify such defect.

25.3.5. Defects shall be notified by the purchaser to the contractor/seller in writing without undue delay after the defects are noticed, and in any event not later than thirty (30) days after the expiry of the warranty period.

25.3.6. Upon receipt of notice from the purchaser about any defect that occurs during the warranty period, the contractor/seller shall respond immediately and make good the defect within a reasonable period, or such specific period as may be allowed by the purchaser at the request of the contractor/seller, without any charges and costs to the purchaser.

25.3.7. If the plant/equipment is found to have a defect that can be assumed to be present also in some other portion of the plant/equipment, the seller/contractor shall investigate whether such further defect is present, and shall make good any further defects found.

25.3.8. If a defect appears, requiring immediate action due to the risk of resultant damage, and if the contractor/seller cannot make immediately good the defect, the purchaser is entitled to apply all necessary measures to prevent or limit damage.

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25.3.9 This warranty is not applicable if the defect is attributable to normal wear and tear or incorrect operation or negligence or willful damage on the part of the purchaser.

25.3.10 Parts replaced or repaired under the above provisions shall be subject to the same warranty from the contractor/seller, and under the same conditions as apply for the rest of the plant/equipment, for a period of one (1) year after such replacement or repair has been effected. The warranty period for the rest of the plant/equipment shall be extended only by the time during which it was out of operation as a result of defects covered by the above provisions. Nothing contained in this clause shall however extend the warranty period by a period beyond two (2) years after the commissioning and acceptance of the plant/equipment.

25.3.11Defective parts which have been replaced shall be made available to the seller/contractor without cost. However, the seller/contractor shall be responsible for lifting the defective parts and transporting the same at his cost from purchaser’s place within mutually agreed time period.

25.3.12In case of failure on the part of the contractor to fulfill any warranty obligations, the contractor/seller shall pay to the purchaser such compensation, as may arise from the breach of the warranty herein contained.”

25.4 RIGHT TO ENCASH THE WARRANTY BOND

In case the vendor does not fulfill his liabilities under the warranty, the purchaser shall have the right to encash the warranty bond as referred to in para 23.3.2 and to debar the vendor from future contracts of OFB / MoD.

26.0 ARBITRATION 26.1 BILATERAL DISCUSSIONS

All disputes or differences arising out of or in connection with the present Contract, including the ones connected with the validity of the present Contract or any part thereof, shall be settled by bilateral discussions.

26.2 REFERRAL TO ARBITRAL TRIBUNAL

Any dispute, disagreement or any question arising out of or relating to this Contract or relating to the construction or performance (except as to any matters, the decision or determination whereof is provided for by these conditions), which cannot be settled amicably shall within 60 (sixty) days, or such longer period as may be mutually agreed upon from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, will be referred to an Arbitral Tribunal.

26.3 CONSTITUTION OF ARBITRAL TRIBUNAL The Arbitral Tribunal shall consist of three Arbitrators, that are to be selected as mentioned hereinunder.

Within 60 (sixty) days of the receipt of the said notice, one Arbitrator shall be nominated in writing by the Seller, and one Arbitrator shall be nominated in writing by the Buyer. In the event of a vacancy caused in the office of any of the Arbitrators, during the conduct of an arbitration, the party which nominated such Arbitrator, shall be entitled to nominate another

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in his place, and the arbitration proceedings shall continue from the stage they were left by the retiring Arbitrator. In the event of any of the parties failing to nominate its Arbitrator within 60 (sixty) days as above, or if any of the parties does not nominate another Arbitrator within 60 (sixty) days of the office of Arbitrator falling vacant, then the other party shall be entitled, after due notice of at least 30 (thirty) days, to request the President of the International Chamber of Commerce to nominate another Arbitrator as stipulated herein above. The third Arbitrator, who shall not be a citizen or domicile of the country of either of the parties, or of any other country unacceptable to any of the parties, shall be nominated by mutual consent of the parties within 90 (Ninety) days of the receipt of the notice mentioned above, failing which the third Arbitrator may be nominated by the President of the International Chamber of Commerce at the request of either party, but the said nomination would be after consultation with both the parties, and shall preclude any citizen or domicile of any country as mentioned above from being so nominated. The Arbitrator nominated under this Clause shall not be regarded, nor would act as an umpire. If the office of the third Arbitrator falls vacant, his substitute shall be nominated according to the provisions herein above stipulated.

26.4 CONDUCT OF ARBITRATION PROCEEDINGS

The Arbitral Tribunal shall have its seat at New Delhi or such other place in India as may be mutually agreed to by and between the parties. The Arbitration Proceedings shall be conducted in India under the Indian Arbitration & Conciliation Act, 1996, and the award of such Arbitration shall be enforceable in Indian Courts only. The decision of the majority of the Arbitrators shall be final and binding on the parties to this Contract.

26.5 COSTS OF ARBITRATION

Each party shall bear its own cost of preparing and presenting its case and the cost of the arbitrator nominated by it or on his behalf. The cost of arbitration, including the fees and expenses of the third Arbitrator, shall be shared equally by the Seller and the Buyer.

26.6 CONTRACTUAL OBLIGATIONS PENDING ARBITRATION

The parties shall continue to perform their respective obligations under the subsequent Contract during the arbitration proceedings, except in so far as such obligations are the subject matter of the said arbitration proceedings.

27.0 ACCESS TO THE BOOKS OF ACCOUNTS

In case it is found to the satisfaction of the Buyer that the Seller has engaged an Agent or paid commission or influenced any person to obtain in the subsequent Contract as described

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in Clauses relating to Agents/Agency, commission and penalty for use of undue influence, the Seller on a specific request of the Buyer shall provide necessary information/inspection of the relevant financial document/information.

28.0 AGENTS/AGENCY COMMISSION

The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the Stores/Ammunitions referred to in the subsequent Contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the Contract to the Seller; nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees and undertakes that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward fees or consideration to such person, party, firm or institution, whether before or after the signing of the Contract, the Seller will be liable to refund that amount to the Buyer. The Seller also be debarred from entering into any supply contract with the Government of India for minimum period of five years. The Buyer will also have a right to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to the Seller who shall in such event be liable to refund all payments made by the Buyer in terms of the Contract along with interest at the rate of 2% per annum above the LIBOR rate. The Buyer will also have the right to recover any such amount from any other Contract concluded earlier with the Government of India.

29.0 INDEMNITY AGAINST PATENT RIGHTS 29.1 ASSURANCE FOR NON-INFRINGEMENT OF PATENT RIGHTS

The Seller has to assure the Buyer that to the best of the knowledge of the Seller there is no infringement of any patent or industrial or intellectual property right occasioned by supply of any documents, plant or equipment which is the subject matter of the subsequent Contract.

29.2 WRITTEN NOTICE BY BUYER The Buyer shall immediately notify the Seller in writing upon becoming aware of the existence:

a) of any political or actual infringement of a Patent, Trade mark, copyright or any other

proprietary right belonging to the Seller or which the Seller has the right to use; and/or

b) of any claim or allegation against the Buyer and/or Seller on account of an alleged infringement of any patent, registered design, copyright or trade mark of any other person related to the supply and works under the present contract.

29.3 DEFENCE BY SELLLER

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Upon receipt of the written notice referred to in Para 29.2 above, the Seller or its nominee shall conduct the defence and all negotiations for the settlement of any action arising from the alleged infringement and the Seller shall pay all costs arising therefrom.

The Buyer shall give the Seller all assistance necessary to enable it to properly conduct the defence and settlement referred above.

29.4 VENDOR’S LIABILITY TO REPLACE ETC.

Should an interdict be granted against the manufacture and/or use of the Plant, Equipment, documents or product or any part thereof on account of an alleged infringement, or should the Seller become of the opinion that the Plant, Equipment, documents or product are likely to become the subject of allegations of infringement, the Seller shall at its expense: a) Procure for the Buyer the right to continue using the plant, equipment or product; OR b) Replace or modify it so that it no longer constitutes an infringement.

29.5 DISCHARGE OF SELLER FROM LIABILITY The Seller shall not be liable to the Buyer in terms of 29.3 or 29.4 if the Buyer fails to give notice to the Seller of the alleged infringement in terms of the para 29.2 within thirty (30) days after the claim has been made; or if the Buyer fails in any material respect to render the assistance referred to in Para 29.3

The Buyer shall not be liable to the Seller in any way financially or otherwise to any and all claims arising out of any potential or actual infringement or a patent or any decision by any court seeking to interdict the manufacture and/or use of the supplied plant, equipment or documents etc by the Buyer, provided that such infringement or manufacture is not in breach of the provisions of the subsequent Contract.

30.0 PENALTY FOR USE OF UNDUE INFLUENCE:

The Seller undertakes that he has not given, offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present Contract or any other Contract with the Government of India for showing or forbearing to show favour or disfavour to any person in relation to the present Contract or any other Contract with the Government of India. Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting on his behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the Seller or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall entitle the Buyer to cancel the contract and all or any other contracts with the Seller and recover from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards any officer/employee of the Buyer or to any other person in a position to influence any officer/employee of the Buyer for showing any favour in relation to this or any other contract, shall render the Seller to such liability/ penalty as the Buyer may deem proper,

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including but not limited to termination of the contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the Buyer.

31.0 NON-DISCLOSURE OF CONTRACT DOCUMENTS:

Except with the written consent of the Buyer/ Seller, other party shall not disclose the contract or any provision, specification, plan, design, pattern, sample or information thereof to any third party.

32.0 PRE-CONTRACT INTEGRITY PACT:

An “Integrity Pact” would be signed between the Buyer and the Bidder for purchases exceeding Rs100 Crores. This is a binding agreement between the Buyer and Bidders for specific contracts in which the Buyer promises that it will not accept bribes during the procurement process and Bidders promise that they will not offer bribes. Under this Pact, the Bidders for specific services or contracts agree with the Buyer to carry out the procurement in a specified manner. The Pre-Integrity Pact will be as per Format enclosed. The essential elements of the Pact are as follows:

A. A pact (contract) between the Government of India (General Manager, ……….) (the authority or the “principal”) and those companies submitting a tender for this specific activity (the “Bidder”);

B. An undertaking by the Principal that its officials will not demand or accept any bribes, gifts etc., with appropriate disciplinary or criminal sanctions in case of violation;

C. A statement by each Bidder that it has not paid, and will not pay, any bribes;

D. An undertaking by each Bidder to disclose all payments made in connection with the Contract in question to anybody (including agents and other middlemen as well as family members, etc., of officials); the disclosure would be made either at the time of submission of Bids or upon demand of the Principal, especially when a suspicion of a violation by that Bidder emerges;

E. The explicit acceptance by each Bidder that the no-bribery commitment and the disclosure obligation as well as the attendant sanctions remain in force for the winning Bidder until the contract has been fully executed.

F. Undertaking on behalf of a Bidding company will be made “in the name and on behalf of the company’s Chief Executive Officer”.

G. The following set of sanctions shall be enforced for any violation by a Bidder of its commitments or undertakings:

i. Denial or loss of contracts;

ii. Forfeiture of the Bid security and performance bond/warranty bond;

iii. Liability for damages to the principal and the competing Bidders; and

iv. Debarment of the violator by the Principal for an appropriate period of time. Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behavior) and compliance program for the implementation of the code of conduct throughout the company.

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33.0 TERMINATION OF CONTRACT:

The Buyer shall have the right to terminate this Contract in part or in full in any of the following cases :- (a) The Seller has failed to perform a substantial obligation under the Contract after having been served a notice of failure and make good by Purchaser within a reasonable period, or the delivery of the material is delayed for causes not attributable to Force Majeure for more than six months after the scheduled date of delivery.

(b) The Seller is declared bankrupt or becomes insolvent.

(c) The delivery of material is delayed due to causes of Force Majeure by more than six months, provided Force Majeure clause is included in contract.

(d) The Buyer has noticed that the Seller has given or offered to give, directly or indirectly, to any person any bribe, gift, gratuity, commission or other thing of value as an inducement or reward for doing or forbearing to do any action in relation to this Contract, e.g. if the Seller has utilised the services of any Indian/Foreign agent in getting this contract and paid any commission to such agent.

(e) As per decision of the Arbitration Tribunal. 34. TRANSFER AND SUB-LETTING:

The Seller has no right to give, bargain, sell, assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present Contract or any part thereof.

35.0 LAWS AND INTERPRETATIONS The Contract shall be governed and interpreted according to the Laws of India. Headings of clauses and Appendices shall not affect the interpretations of the contract.