REPUBLIC OF SEYCHELLES

Transcription

1 Elect.Proj./289 REPUBLIC OF SEYCHELLES PUBLIC UTILITIES CORPORATION (Electricity ty Division) Generation Capacity Expansion PRASLIN Bidding Documents for 1 x 2.5 MW Diesel Generator Set (Praslin Power Plant) Financing Loan from: The OPEC Fund for International national Development (OFID) Employer Public Utilities Corporation Electricity Division Electricity House P. O. Box 174 Roche Caiman Republic of Seychelles Project Ref. Date: April 2010 Contract No. Generation / ElecE lectricity / 02 1

2 Elect.Proj./289 PRESS NOTICE PUBLIC UTILITIES CORPORATION ELECTRICITY DIVISION Generation Capacity Expansion PRASLIN Bid for 1 x 2.5 MW Diesel Generator Set Contract No. Generation / Electricity / 02 The Government of Seychelles has received financial assistance from the OPEC Fund for International Development (OFID) towards the cost of the Project. It is intended to apply the proceeds of this loan to eligible payments under the contract for which this Invitation to Bid is issued. The Electricity Division of the Public Utilities Corporation invites sealed bids from eligible bidders for the supply of the following goods/services on a turnkey basis. 1 x 2.5 MW Diesel Generator Set 1 x Complete Auxiliaries System for the DG-Set 1 x Control, Monitoring and Operator Station 1 x Generator and Engine Control Panels 1 x Local Control Panels for Auxiliary System and others 1 x Oily water treatment + Incinerator unit Piping, Fittings, Supports, etc. Engine Hall Ventilation System Spare Parts Tools and Tackles Cables: Low voltage cables, control cables, data cables, lugs, terminations, accessories, etc. Delivery on Site Installation, Commissioning, Commercial Operation, etc. Bidding will be conducted through International Competitive Bidding procedures acceptable to THE OPEC FUND FOR INTERNATIONAL DEVELOPMENT (OFID) Interest and eligible bidders may obtain further information from the Electricity Division of the Public Utilities Corporation. Telephone No , Fax No and inspect the bidding document at the address given below from 8:00 a.m. 12:00 noon and 1:00 p.m. to 4:00 p.m, Monday through Friday commencing Monday3 rd May A complete set of bidding documents in English can be purchased by interested bidders on the submission of a written application to the address given below and upon payment of a non refundable fee of SR The document will be sent by airmail or for overseas suppliers and surface mail for local suppliers. For further information, please contact:- Managing Director (Electricity Division) Public Utilities Corporation Electricity House, Roche Caiman P O Box 174 Republic of Seychelles 2

3 Elect.Proj./289 Contents Section I. Invitation for Bids Notes on the Invitation for Bids Section II.. Instruction to Bidders Notes on the Instructions to Bidders Section III. General Conditions of Contract Notes on the General Conditions of Contract Section IV. Special Conditions of Contract Notes on the Special Conditions of Contract Section V. Technical Specifications Technical Specifications Section VI. Drawings Section VII. Annexes: es: Sample Forms 1. Contract Agreement Form 2. Bid Form / Letter of Tender 3. Bid Security Form 3. Performance Security Form 4. Bid Data Sheet/Appendix to Tender 3

4 Elect.Proj./289 SECTION 1: INVITATION FOR BIDS 4

5 Elect.Proj./289 PUBLIC UTILITIES CORPORATION ON ELECTRICITY DIVISION GENERATION CAPACITY EXPANSION -PRASLIN BID FOR 1 x 2.5 MW DIESEL GENERATOR SET (CONTRACT No.: Generation / Electricity / 02) The Electricity Division of the Public Utilities Corporation invites sealed bids from eligible bidders for the supply of the following goods on a turnkey basis. 1 x 2.5 MW Diesel Generator Set 1 x Complete Auxiliaries System for the DG-Set 1 x Control, Monitoring and Operator Station 1 x Generator and Engine Control Panels 1 x Local Control Panels for Auxiliary System and others 1 x Oily water treatment + Incinerator unit Piping, Fittings, Supports, etc. Engine Hall Ventilation System Spare Parts Tools and Tackles Cables: Low voltage cables, control cables, data cables, lugs, terminations, accessories, etc. Delivery on Site Installation, Commissioning, Commercial Operation, etc. Bidding will be conducted through International Competitive Bidding procedures. Interested and eligible bidders may obtain further information from the Electricity Division of the Public Utilities Corporation. Telephone No , Fax No A complete set of Project Information is provided in various sections of this document. All bids must be delivered 60 days from the date of issue at the address given below. The date for bid submission is 7 th July Late bids will be rejected. Bids will be opened in the presence of bidders representatives who chose to attend at the venue mentioned below. For further information, please contact:- A.K.Singh Managing Director Public Utilities Corporation Electricity House Republic of Seychelles Telephone: Fax:

6 Elect.Proj./ PROJECT AUTHORITIES (a) Contracting Authorities Managing Director Electricity Division Public Utilities Corporation Electricity House,Roche Caiman P O Box 174 Republic of Seychelles Tel: (00 248) Fax: (00 248) (b) Supervising Authority Managing Director Electricity Division Public Utilities Corporation Electricity House,Roche Caiman P O Box 174 Republic of Seychelles Tel: (00 248) Fax: (00 248) CONTRACT IDENTIFICATION (a) (b) (c) (d) (e) Subject: Generation Capacity Expansion- Praslin Type of Contract: Plant and design Build for Electrical and Mechanical Plant, Designed by Contractor Bidding Procedure: Open Invitation to Prospective Bidders Guidelines: OFID Procurement Guidelines and FIDIC Guidelines for Conditions of Contract Eligibility: Diesel Generator Set Manufactures (OEM) / Suppliers 3. TYPE OF MATERIALS AND LOCATION 1 x 2.5 MW Diesel Generator Set 1 x Complete auxiliaries system for the DG-Set 1 x Control, Monitoring and Operator Station 1x Generator and Engine Control Panels 1 x Local Control Panels for auxiliary system and others 1 x Oily water treatment + Incinerator unit 6

7 Elect.Proj./289 Piping, fittings, supports, etc. Engine hall ventilation system Spare parts Tools and Tackles Cables: Low voltage cables, control cables, data cables, lugs, terminations, accessories etc. Delivery on site Installation, Commissioning, Commercial operation etc. (a) (b) The place of delivery is Baie St Anne Power Station, Praslin, Seychelles The bidders are expected to make complete offer in respect of this Bidding Document. Incomplete offers will be treated as non responsive. 4. TIME LIMIT FOR DELIVERY The time limit for delivery to be specified however should not exceed eighteen (18) months from the date of acceptance of the bid. 5. LANGUAGE AND RECEIPT OF BIDS (a) (b) Language: The language of the Bids shall be in English Receipt of Bids (i) (ii) The final date and time for the receipt of the Bid is 7 th July 2010 at 14:00hrs The Bid must be submitted in duplicate and addressed to; National Tender Board Second Floor, Orion Mall Victoria Republic of Seychelles (iii) Faxed Bids will not be accepted. 6. OPENING OF BIDS (a) (b) Attendance: The bidders or their authorised representatives may attend the opening of the Bids and sign an attendance sheet evidencing their presence. Opening: Bids will be opened on 7 th July 2010 at 14:00 Hrs at the address provided below: National Tender Board Second Floor, Orion Mall Victoria Republic of Seychelles 7

8 Elect.Proj./ GUARANTEES (a) Bid Security All Bids shall be accompanied by a bid security of SR 200,000 or equivalent valid for 120 days in a freely convertible currency from a reputed bank. (b) Performance Security The successful bidder will be required to provide a performance security amounting to 5% of the contract value within thirty (30) days of acceptance of the Bid from a reputed international bank or with a bank operating in Seychelles. 8. EVALUATION CRITERIA In evaluating the Bids consideration will be given to the conformance to specification and responsiveness of the offer in addition to the price quoted by the bidders. More details are provided in other sections of the Bidding Documents. 9. VALIDITY OF OFFER The offers should be valid for acceptance within ninety (90) days from the date of opening of the Bids. 10. PUBLICATION OF NOTICE Notices with respect to this Tender will be published in the Local Press and on the website: 8

9 Elect.Proj./289 SECTION II: INSTRUCTION TO BIDDERS 9

10 Elect.Proj./289 A. Introduction 1. Source of Funds 2. Eligible Bidders 3. Eligible Goods and Services 4. Cost of Bidding B. The Bidding Documents 5. Content of Bidding Documents 6. Clarification of Bidding Documents 7. Amendment of Bidding Documents C. Preparation of Bids 8. Language of Bid 9. Documents Comprising the Bid 10. Bid Form 11. Bid Prices 12. Bid Currencies 13. Documents Establishing Bidder s Eligibility and Qualification 14. Documents Establishing Bidder s Eligibility and Conformity to Bidding Documents 15. Bid Security 16. Period of Validity of Bids 17. Format and Signing of Bid D. Submission of Bids 18. Sealing and Marking of Bids 19. Deadline for Submission of Bids 20. Late Bids 21. Modification and Withdrawal of Bids E. Opening and Evaluation of Bids 22. Opening of Bids by the Employer 23. Clarification of Bids 24. Preliminary Examination 25. Conversion to Single Currency 26. Evaluation and Comparison of Bids 27. Domestic Preference 28. Contacting the Purchaser F. Award of Contract 29. Post-qualification 30. Award Criteria 31. Employer s Right to Vary Quantities at the Time of Award 32. Employer s Right to Accept any Bid and to Reject any or all Bids 33. Notification of Award 34. Signing of Contract 35. Performance Security 36. Corrupt or Fraudulent Practices 10

11 Elect.Proj./289 Instructions to Bidders A. Introduction 1. Source of Funds 1.1 The Recipient (hereinafter called Employer ) has received financial assistance (hereinafter called loan ) from the OPEC Fund for International Development (OFID) towards the cost of the Project. The Employer intends to apply the proceeds of this loan to eligible payments under the contract for which this Invitation to Bid is issued. 1.2 Payment by OFID will be made only at the request of the Employer and upon approval by OFID, in accordance with the terms and conditions of the Loan Agreement, and will be subject in all respects, to the terms and conditions of that agreement. Except as OFID may specifically otherwise agree, no party other than the Employer shall derive any rights from the loan agreement or have any claim to proceeds of the financial assistance. 2. Eligible Bidders 2.1 This Invitation to Bid is open to all contractors/consultants and manufactures acceptable by the Funding Agency. 2.2 Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under this Invitation for Bids. 2.3 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices. 3. Eligible Goods and Services 3.1 All Goods and related services to be supplied under the contact shall have their own origin in eligible source countries, defined in the OFID Guidelines for Procurement, of goods and contracting for the execution of the works and all expenditures made under the contract will be limited to such goods and services. 3.2 For purposes of this clause, origin means the place where the goods are mined, grown, or produced, or the place from which the related services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially-recognized product results that is substantially different in basic characteristics or in purpose or utility from its components. 3.3 The origin of goods and services is distinct from the nationality of the Bidder. 4. Cost of Bidding 4.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser named in the Bid Data Sheet, hereinafter referred to as the Purchaser, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 11

12 Elect.Proj./289 B. The Bidding Documents 5. Content of Bidding Documents 5.1 The goods required, bidding procedures, and contract terms are prescribed in the bidding documents. In addition to the Invitation for Bids, the bidding documents include: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Instructions to Bidders (ITB) Bid Data Sheet General Conditions of Contract (GCC) Special Conditions of Contract (SCC) Schedule of Requirements Technical Specifications Bid Form and Price Schedules Bid Security Form Contract Form Performance Security Form Bank Guarantee for Advance Payment Form Manufacturer s Authorization Form 5.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or to submit a bid not substantially responsive to the bidding documents in every respect will be at the Bidder s risk and may result in the rejection of its bid. 6. Clarification of Bidding Documents 6.1 A prospective Bidder requiring any clarification of the bidding documents may notify the Purchaser or alternatively the Purchaser s Engineers in writing or by fax or at the Purchaser s address indicated in ITB Clause The Purchaser will respond in writing to any request for clarification of the bidding documents, which it receives no later than fourteen (14) days prior to the deadline for the submission of bids prescribed in the Bid Data Sheet. Written copies of the Purchaser s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders that have received the bidding documents. 7. Amendment of Bidding Documents 7.1 At any time prior to the deadline for submission of bids, the Purchaser, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may modify the bidding documents by amendment. 7.2 All prospective bidders that have received the bidding documents will be notified of the amendment in writing or by fax or , and will be binding on them. 7.3 In order to allow prospective bidders reasonable time in which to take the amendment into account in preparing their bids, the Purchaser, at its discretion, may extend the deadline for the submission of bids. C. Preparation of Bids 8. Language age of Bid 8.1 The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Purchaser shall be written in the language specified in the Bid Data Sheet. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are 12

13 Elect.Proj./289 accompanied by an accurate translation of the relevant passages in the language specified in the Bid Data Sheet, in which case, for purposes of interpretation of the Bid, the translation shall govern. 9. Documents Comprising the Bid 9.1 The bid prepared by the Bidder shall comprise the following components: (a) Bid Form and a Price Schedule completed in accordance with ITB Clauses 10, 11 and 12; (b) Documentary evidence established in accordance with ITB Clause 13 that the Bidder is eligible to bid and is qualified to perform the contract if its bid is accepted; (c) Documentary evidence established in accordance with ITB Clause 14 that the goods and ancillary services to be supplied by the Bidder are eligible goods and services and conform to the bidding documents; and (d) Bid security furnished in accordance with ITB Clause Bid Form 10.1 The Bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the bidding documents, indicating the goods to be supplied, a brief description of the goods, and their country of origin, quantity, and prices For the purpose of granting a margin of domestic preference, bids will be classified in one of three groups, as follows: (a) Group A: Bids offering goods manufactured in the Purchaser s country, for which (i) (ii) (b) Group B: Labor, raw materials, and components from within the Purchaser s country account for more than thirty (30) percent of the EXW price; and The production facility in which they will be manufactured or assembled has been engaged in manufacturing or assembling such goods at least since the date of bid submission. All other bids offering goods from within the country of the Purchaser (c) Group C: Bids offering goods of foreign origin to be imported by the Purchaser directly or through the Supplier s local Agent 10.3 To facilitate this classification by the Purchaser, the Bidder shall complete whichever version of the Price Schedule furnished in the bidding documents is appropriate provided, however, that the completion of an incorrect version of the Price Schedule by the Bidder will not result in rejection of its bid, but merely in the Purchaser s reclassification of the bid into its appropriate bid group. 11. Bid Prices 11.1 The Bidder shall indicate on the appropriate Price Schedule the unit prices (where applicable) and total bid price of the goods it proposes to supply under the contract Prices indicated on the Price Schedule shall be entered separately in the following manner: (A) For goods offered from within the Purchaser s country: 13

14 Elect.Proj./289 (B) (i) (ii) (iii) (iv) The price of the goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable: o On the components and raw material used in the manufacture or assembly of goods quoted ex works or ex factory; or o On the previously imported goods of foreign origin quoted ex warehouse, ex showroom, or off-the shelf. Any Purchaser country sales and other taxes which will be payable on the goods if the contract is awarded. The price for inland transportation, insurance, and other local costs incidental to delivery of the goods to their final destination, if specified in the Bid Data Sheet. The price of other (incidental) services, if any, listed in the Bid Data Sheet. For goods offered from abroad: (i) (ii) (iii) (iv) (v) The price of the goods shall be quoted CIF named port of destination, or CIP named place of destination, in the Purchaser s country, as specified in the Bid Data Sheet. In quoting the price, the Bidder shall be free to use transportation through carriers registered in any eligible countries. Similarly, the Bidder may obtain insurance services from any eligible source country. The price of the goods quoted FOB port of shipment (or FCA, as the case may be, if specified in the Bid Data Sheet. The price of goods quoted CFR port of destination (or CPT as the case may be), if specified in the Bid Data Sheet. the price for inland transportation, insurance, and other local costs incidental to delivery of the goods from the port of entry to their final destination, if specified in the Bid Data Sheet. The price of (incidental) services, if any, listed in the Bid Data Sheet The terms EXW, CIF, CIP, etc., shall be governed by the rules prescribed in the current edition of Inco terms published by the International Chamber of Commerce, Paris The Bidder s separation of price components in accordance with ITB Clause 11.2 above will be solely for the purpose of facilitating the comparison of bids by the Purchaser and will not in any way limit the Purchaser s right to contract on any of the terms offered Prices quoted by the Bidder shall be fixed during the Bidder s performance of the contract and not subject to variation on any account, unless otherwise specified in the Bid Data Sheet. If, however, in accordance with the Bid Data Sheet, prices quoted by the Bidder shall be subject to adjustment during the performance of the contract, a bid submitted with a fixed price quotation will not be rejected, but the price adjustment would be treated as zero. 14

15 Elect.Proj./ Bid Currencies 12.1 Prices shall be quoted in USD or in the following currencies: (a) (b) For goods and services that the Bidder will supply from within the Purchaser s country, the prices shall be quoted in the currency of the Purchaser s country, unless otherwise specified in the Bid Data Sheet. For goods and services that the Bidder will supply from outside the Purchaser s country, the prices shall be quoted in any freely convertible currency acceptable to the Funding agency 13. Documents Establishing Bidder s Eligibility and Qualification ion 13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, documents establishing the Bidder s eligibility to bid and its qualifications to perform the contract if its bid is accepted The documentary evidence of the Bidder s eligibility to bid shall establish to the Purchaser s satisfaction that the Bidder, at the time of submission of its bid, is eligible as defined under ITB Clause The documentary evidence of the Bidder s qualifications to perform the contract if its bid is accepted shall establish to the Purchaser s satisfaction: (a) (b) (c) (d) that, in the case of a Bidder offering to supply goods under the contract which the Bidder did not manufacture or otherwise produce, the Bidder has been duly authorized by the goods Manufacturer or producer to supply the goods in the Purchaser s country; that the Bidder has the financial, technical, and production capability necessary to perform the contract; that, in the case of a Bidder not doing business within the Purchaser s country, the Bidder is or will be (if awarded the contract) represented by an Agent in that country equipped, and able to carry out the Supplier s maintenance, repair, and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications; and that the Bidder meets the qualification criteria listed in the Bid Data Sheet. 14. Documents Establishing Goods Eligibility and Conformity to Bidding Documents 14.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, documents establishing the eligibility and conformity to the bidding documents of all goods and services which the Bidder proposes to supply under the contract The documentary evidence of the eligibility of the goods and services shall consist of a statement in the Price Schedule of the country of origin of the goods and services offered which shall be confirmed by a certificate of origin issued at the time of shipment The documentary evidence of conformity of the goods and services to the bidding documents may be in the form of literature, drawings, and data, and shall consist of: (a) (b) a detailed description of the essential technical and performance characteristics of the goods; a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the goods for a period to be specified in the Bid Data Sheet, following commencement of the use of the goods by the Purchaser; and 15

16 Elect.Proj./289 (c) an item-by-item commentary on the Purchaser s Technical Specifications demonstrating substantial responsiveness of the goods and services to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications For purposes of the commentary to be furnished pursuant to ITB Clause 14.3(c) above, the Bidder shall note that standards for workmanship, material, and equipment, as well as references to brand names or catalogue numbers designated by the Purchaser in its Technical Specifications, are intended to be descriptive only and not restrictive. The Bidder may substitute alternative standards, brand names, and/or catalogue numbers in its bid, provided that it demonstrates to the Purchaser s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications. 15. Bid Security 15.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a bid security in the amount specified in the Bid Data Sheet The bid security is required to protect the Purchaser against the risk of Bidder s conduct which would warrant the security s forfeiture, pursuant to ITB Clause The bid security shall be denominated in the currency of the bid or in another freely convertible currency, and shall be in one of the following forms: (a) (b) a bank draft, or guarantee from a bank or insurance company or an irrevocable letter of credit issued by a reputable bank in the form provided in the bidding documents or another form acceptable to the Purchaser and valid for thirty (30) days beyond the validity of the bid; or a certified cheque Any bid not secured in accordance with ITB Clauses 15.1 and 15.3 will be rejected by the Purchaser as non-responsive, pursuant to ITB Clause Unsuccessful bidders bid security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiration of the period of bid validity prescribed by the Purchaser pursuant to ITB Clause The successful Bidder s bid security will be discharged upon the Bidder signing the contract, pursuant to ITB Clause 34, and furnishing the performance security, pursuant to ITB Clause The bid security may be forfeited: (a) (b) If a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Form; or In the case of a successful Bidder, if the Bidder fails: (i) To sign the contract in accordance with ITB Clause 34; or (ii) To furnish performance security in accordance with ITB Clause Period of Validity of Bids 16.1 Bids shall remain valid for the period specified in the Bid Data Sheet after the date of bid opening prescribed by the Purchaser, pursuant to ITB Clause 19. A bid valid for a shorter period shall be rejected by the Purchaser as non-responsive In exceptional circumstances, the Purchaser may solicit the Bidder s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by ). The bid security provided under ITB Clause 15 16

17 Elect.Proj./289 shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request will not be required nor permitted to modify its bid, except as provided in ITB Clause In the case of fixed price contracts, if the award is delayed by a period exceeding sixty (60) days beyond the expiry of the initial bid validity, the contract price will be adjusted by a factor specified in the request for extension. 17. Format and Signing of Bid 17.1 The Bidder shall prepare an original and the number of copies of the bid indicated in the Bid Data Sheet, clearly marking each ORIGINAL BID and COPY OF BID, as appropriate. In the event of any discrepancy between them, the original shall govern The original and the copy or copies of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract. All pages of the bid, except for unamended printed literature, shall be initialled by the person or persons signing the bid Any inter lineation, erasures, or overwriting shall be valid only if they are initialed by the person or persons signing the bid The Bidder shall furnish information as described in the Form of Bid on commissions or gratuities, if any, paid or to be paid to agents relating to this Bid, and to Contract execution if the Bidder is awarded the Contract. D. Submission ion of Bids 18. Sealing and Marking of Bids 18.1 The Bidder shall seal the original and each copy of the bid in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope The inner and outer envelopes shall: (a) (b) be addressed to the Purchaser at the address given in the Bid Data Sheet; and bear the Project name indicated in the Bid Data Sheet, the Invitation for Bids (IFB) title and number indicated in the Bid Data Sheet, and a statement: DO NOT OPEN BEFORE, to be completed with the time and the date specified in the Bid Data Sheet, pursuant to ITB Clause The inner envelopes shall also indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by ITB Clause 18.2, the Purchaser will assume no responsibility for the bid s misplacement or premature opening. 19. Deadline for Submission of Bids 19.1 Bids must be received by the Purchaser at the address specified under ITB Clause 18.2 no later than the time and date specified in the Bid Data Sheet The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the bidding documents in accordance with ITB Clause 7, in which case all rights and obligations of the Purchaser and bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 17

18 Elect.Proj./ Late Bids 20.1 Any bid received by the Purchaser after the deadline for submission of bids prescribed by the Purchaser pursuant to ITB Clause 19 will be rejected and returned unopened to the Bidder. 21. Modification and Withdrawal of Bids 21.1 The Bidder may modify or withdraw its bid after the bid s submission, provided that written notice of the modification, including substitution or withdrawal of the bids, is received by the Purchaser prior to the deadline prescribed for submission of bids The Bidder s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of ITB Clause 18. A withdrawal notice may also be sent by cable, but followed by a signed confirmation copy, postmarked no later than the deadline for submission of bids No bid may be modified after the deadline for submission of bids No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Form. Withdrawal of a bid during this interval may result in the Bidder s forfeiture of its bid security, pursuant to the ITB Clause E. Opening and Evaluation of Bids 22. Opening of Bids by the Purchaser 22.1 The Purchaser will open all bids in the presence of bidders representatives who choose to attend, at the time, on the date, and at the place specified in the Bid Data Sheet. The bidders representatives who are present shall sign a register evidencing their attendance The bidders names, bid modifications or withdrawals, bid prices, discounts, and the presence or absence of requisite bid security and such other details as the Purchaser, at its discretion, may consider appropriate, will be announced at the opening. No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the Bidder pursuant to ITB Clause Bids (and modifications sent pursuant to ITB Clause 21.2) that are not opened and read out at bid opening shall not be considered further for evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to the bidders The Purchaser will prepare minutes of the bid opening. 23. Clarification of Bids 23.1 During evaluation of the bids, the Purchaser may, at its discretion, ask the Bidder for a clarification of its bid. The request for clarification and the response shall be in writing, and no change in the prices or substance of the bid shall be sought, offered, or permitted. 24. Preliminary Examination 24.1 The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit 18

19 Elect.Proj./289 price and quantity, the unit price shall prevail, and the total price shall be corrected. If the Supplier does not accept the correction of the errors, its bid will be rejected, and its bid security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail The Purchaser may waive any minor informality, nonconformity, or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder Prior to the detailed evaluation, pursuant to ITB Clause 26, the Purchaser will determine the substantial responsiveness of each bid to the bidding documents. For purposes of these Clauses, a substantially responsive bid is one which conforms to all the terms and conditions of the bidding documents without material deviations. Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security (ITB Clause 15), Applicable Law (GCC Clause 30), and Taxes any Duties (GCC Clause 32), will be deemed to be a material deviation. The Purchaser s determination of a bid s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence If a bid is not substantially responsive, it will be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the nonconformity 25. Conversion to Single Currency 25.1 To facilitate evaluation and comparison, the Purchaser will convert all bid prices expressed in the amounts in various currencies in which the bid prices are payable to either: (a) (b) the currency of the Purchaser s country at the selling exchange rate established for similar transactions by the Central Bank or a commercial bank in the Purchaser s country; or a currency widely used in international trade, such as U.S. dollars, at the selling rate of exchange published in the international press for the amount payable in foreign currency; and at the selling exchange rate established for similar transactions by the Central Bank in the Purchaser s country for the amount payable in the currency of the Purchaser s country The currency selected for converting bid prices to a common base for the purpose of evaluation, along with the source and exchange rate, are specified in the Bid Data Sheet. 26. Evaluation and Comparison of Bids 26.1 The Purchaser will evaluate and compare the bids which have been determined to be substantially responsive, pursuant to ITB Clause The Purchaser s evaluation of a bid will exclude and not take into account: (a) (b) in the case of goods manufactured in the Purchaser s country or goods of foreign origin already located in the Purchaser s country, sales and other similar taxes, which will be payable on the goods if a contract is awarded to the Bidder; in the case of goods of foreign origin offered from abroad, customs duties and other similar import taxes which will be payable on the goods if the contract is awarded to the Bidder; and 19

20 Elect.Proj./289 (c) any allowance for price adjustment during the period of execution of the contract, if provided in the bid The comparison shall be between the EXW price of the goods offered from within the Purchaser s country, such price to include all costs, as well as duties and taxes paid or payable on components and raw material incorporated or to be incorporated in the goods, and the CIF named port of destination (CIP named place of destination) price of the goods offered from outside the Purchaser s country The Purchaser s evaluation of a bid will take into account, in addition to the bid price quoted in accordance with ITB Clause 11.2, one or more of the following factors as specified in the Bid Data Sheet, and quantified in ITB Clause 26.5: (a) (b) (c) (d) (e) (f) (g) Cost of inland transportation, insurance, and other costs within the Purchaser s country incidental to delivery of the goods to their final destination. Delivery schedule offered in the bid; Deviations in payment schedule from that specified in the Special Conditions of Contract; The cost of components, mandatory spare parts, and service; The availability in the Purchaser s country of spare parts and after-sales services for the equipment offered in the bid; The projected operating and maintenance costs during the life of the equipment The performance and productivity of the equipment offered h) other specific criteria indicated in the Bid Data Sheet and/or in the Technical Specifications For factors retained in the Bid Data Sheet pursuant to ITB 26.4, one or more of the following quantification methods will be applied, as detailed in the Bid Data Sheet: a) Inland transportation from port of entry, insurance, and incidentals. (b) Inland transportation, insurance, and other incidental costs for delivery of the goods from port of entry to Project Site named in the Bid Data Sheet will be computed for each bid by the Purchaser on the basis of published tariffs by the road transport agencies, insurance companies, and/or other appropriate sources. To facilitate such computation, bidder shall furnish in its bid the estimated dimensions and shipping weight and the approximate EXW/CIF or CIP value of each package. The above cost will be added by the Purchaser to CIF/CIP price. Delivery schedule. (i) The Purchaser requires that the goods under the Invitation for Bids shall be delivered (shipped) at the time specified in the Schedule of Requirements. The estimated time of arrival of the goods at the Project Site will be calculated for each bid after allowing for reasonable international and inland transportation time. Treating the bid resulting in such time of arrival as the base, a delivery adjustment will be calculated for other bids by applying a percentage, specified in the Bid Data Sheet, of the EXW/CIF/CIP price for each week of delay beyond the base, and this will be added to the bid price for evaluation. No credit shall be given to early delivery. Or 20

21 Elect.Proj./289 (c) (d) (e) (f) (ii) (iii) The goods covered under this invitation are required to be delivered (shipped) within an acceptable range of weeks specified in the Schedule of Requirement. No credit will be given to earlier deliveries, and bids offering delivery beyond this range will be treated as non-responsive. Within this acceptable range, an adjustment per week, as specified in the Bid Data Sheet, will be added for evaluation to the bid price of bids offering deliveries later than the earliest delivery period specified in the Schedule of Requirements. Or The goods covered under this invitation are required to be delivered (shipped) in partial shipments, as specified in the Schedule of Requirements. Bids offering deliveries earlier or later than the specified deliveries will be adjusted in the evaluation by adding to the bid price a factor equal to a percentage, specified in the Bid Data Sheet, of EXW/CIF/CIP price per week of variation from the specified delivery schedule. Deviation in payment schedule. (i) (ii) Bidders shall state their bid price for the payment schedule outlined in the SCC. Bids will be evaluated on the basis of this base price. Bidders are, however, permitted to state an alternative payment schedule and indicate the reduction in bid price they wish to offer for such alternative payment schedule. The Purchaser may consider the alternative payment schedule offered by the selected Bidder. Or The SCC stipulates the payment schedule offered by the Purchaser. If a bid deviates from the schedule and if such deviation is considered acceptable to the Purchaser, the bid will be evaluated by calculating interest earned for any earlier payments involved in the terms outlined in the bid as compared with those stipulated in this invitation, at the rate per annum specified in the Bid Data Sheet. Cost of spare parts. (i) (ii) (iii) The list of items and quantities of major assemblies, components, and selected spare parts, likely to be required during the initial period of operation specified in the Bid Data Sheet, is annexed to the Technical Specifications. The total cost of these items, at the unit prices quoted in each bid, will be added to the bid price. Or The Purchaser will draw up a list of high-usage and high-value items of components and spare parts, along with estimated quantities of usage in the initial period of operation specified in the Bid Data Sheet. The total cost of these items and quantities will be computed from spare parts unit prices submitted by the Bidder and added to the bid price. Or The Purchaser will estimate the cost of spare part usage in the initial period of operation specified in the Bid Data Sheet, based on information furnished by each Bidder, as well as on past experience of the Purchaser or other purchasers in similar situations. Such costs shall be added to the bid price for evaluation. Spare parts and after sales service facilities in the Purchaser s country. The cost to the Purchaser of establishing the minimum service facilities and parts inventories, as outlined in the Bid Data Sheet or elsewhere in the bidding documents, if quoted separately, shall be added to the bid price. Operating and maintenance costs. 21

22 Elect.Proj./289 (g) (h) Since the operating and maintenance costs of the goods under procurement form a major part of the life cycle cost of the equipment, these costs will be evaluated in accordance with the criteria specified in the Bid Data Sheet or in the Technical Specifications. Performance and productivity of the equipment. (i) (ii) Bidders shall state the guaranteed performance or efficiency in response to the Technical Specification. For each drop in the performance or efficiency below the norm of 100, an adjustment for an amount specified in the Bid Data Sheet will be added to the bid price, representing the capitalized cost of additional operating costs over the life of the plant, using the methodology specified in the Bid Data Sheet or in the Technical Specifications. Or Goods offered shall have a minimum productivity specified under the relevant provision in the Technical Specifications to be considered responsive. Evaluation shall be based on the cost per unit of the actual productivity of goods offered in the bid, and adjustment will be added to the bid price using the methodology specified in the Bid Data Sheet or in the Technical Specifications. Specific additional criteria indicated in the Bid Data Sheet and/or in the Technical Specifications. The relevant evaluation method shall be detailed in the Bid Data Sheet and/or in the Technical Specifications. Alternative 26.5 Merit Point Systems: The following merit point system for weighing evaluation factors can be applied if none of the evaluation methods listed in 26.5 above has been retained in the Bid Data Sheet. The number of points allocated to each factor shall be specified in the Bid Data Sheet. [In the Bid Data Sheet, choose from the range of] Evaluated price of the goods 60 to 90 Cost of common list spare parts 0 to 20 Technical features, and maintenance and operating costs 0 to 20 Availability of service and spare parts 0 to 20 Standardization 0 to 20 Total 100 The bid scoring the highest number of points will be deemed to be the lowest evaluated bid. 27. Domestic Preference 27.1 If the Bid Data Sheet so specifies, the Purchaser will grant a margin of preference to goods manufactured in the Purchaser s country for the purpose of bid comparison, in accordance with the procedures outlined in subsequent paragraphs, provided the Bidder shall have established to the satisfaction of the Purchaser that its bid complies with the criteria specified in ITB Clause 10.2(a): 27.2 The Purchaser will first review the bids to confirm the appropriateness of, and to modify as necessary, the bid group classification to which bidders assigned their bids in preparing their Bid Forms and Price Schedules, pursuant to ITB Clauses 10 and

23 Elect.Proj./ All evaluated bids in each group will then be compared among themselves to determine the lowest evaluated bid of each group. The lowest evaluated bid of each group will next be compared with the lowest evaluated bids of the other groups. If this comparison results in a bid from Group A or Group B being the lowest, it will be selected for contract award If, as a result of the preceding comparison, the lowest evaluated bid is from Group C, all Group C bids will then be further compared with the lowest evaluated bid from Group A, after adding to the evaluated bid price of the imported goods offered in each Group C bid, for the purpose of this further comparison only: (a) (b) the amount of customs duties and other import taxes that a nonexempt importer would have to pay for the importation of goods offered in each Group C bid; or fifteen (15) percent of the CIF (CIP named place of destination, as the case may be) bid price of such goods, if the customs duties and taxes exceed fifteen (15) percent of the CIF (CIP place of destination) price of such goods. If the Group A bid in the further comparison is the lowest, it will be selected for award. If not, the lowest evaluated bid from Group C, as determined from the comparison under ITB Clause 27.3 above, will be selected for award. 28. Contacting the Purchaser 28.1 Subject to ITB Clause 23, no Bidder shall contact the Purchaser on any matter relating to its bid, from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Purchaser, it should do so in writing Any effort by a Bidder to influence the Purchaser in its decisions on bid evaluation, bid comparison, or contract award may result in the rejection of the Bidder s bid. F. Award of Contract 29. Post-Qualificat Qualification ion 29.1 In the absence of pre-qualification, the Purchaser will determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated responsive bid is qualified to perform the Contract satisfactorily, in accordance with the criteria listed in ITB Clause The determination will take into account the Bidder s financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the Bidder s qualifications submitted by the Bidder, pursuant to ITB Clause 13.3, as well as such other information as the Purchaser deems necessary and appropriate An affirmative determination will be a prerequisite for award of the Contract to the Bidder. A negative determination will result in rejection of the Bidder s bid, in which event the Purchaser will proceed to the next lowest evaluated bid to make a similar determination of that Bidder s capabilities to perform satisfactorily. 30. Award Criteria Subject to ITB Clause 32, the Purchaser will award the contract to the successful Bidder whose bid has been determined to be substantially responsive and has 23

24 Elect.Proj./289 been determined to be the lowest evaluated bid, provided further that the Bidder is determined to be qualified to perform the contract satisfactorily. 31. Purchaser s Rights to Vary Quantities at Time of Award 31.1 The Purchaser reserves the right at the time of contract award to increase or decrease, by the percentage indicated in the Bid Data Sheet, the quantity of goods and services originally specified in the Schedule of Requirements without any change in unit prices or other terms and conditions. 32. Purchaser s Right to accept any Bid and to reject any or All Bids 32.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to the affected Bidder or Bidders of the grounds for the Purchaser s action. 33. Notification of Award 33.1 Prior to the expiration of the period of bid validity, the Purchaser will notify the successful Bidder in writing by registered letter or by fax or by , to be confirmed in writing by registered letter, that its bid has been accepted The notification of award will constitute the formation of the Contract Upon the successful Bidder s furnishing of the performance security pursuant to ITB Clause 35, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Clause Signing of Contract 34.1 At the same time as the Purchaser notifies the successful Bidder that its bid has been accepted, the Purchaser will send The Bidder the Contract Form provided in the bidding Documents, incorporating all agreements between the parties Within thirty (30) days of receipt of the Contract Form, the successful Bidder shall sign and date the contract and return it to the Purchaser. 35. Performance Security 35.1 Within thirty (30) days of receipt of notification of award from the Purchaser, the successful Bidder shall furnish the performance security in accordance with the Conditions of Contract, in the Performance Security Form provided in the bidding documents, or in another form acceptable to the Purchaser Failure of the successful Bidder to comply with the requirement of ITB Clause 34 or ITB Clause 35.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the Purchaser may make the award to the next lowest evaluated Bidder or call for new bids. 36. Corrupt or Fraudulent Practices 36.1 The Purchaser requires that Bidders/Suppliers observe the highest standard of ethics during the procurement and execution of such a contract. In pursuance of this policy, the Purchaser: (a) Defines, for the purpose of this provision, the terms set forth below as follows: i) corrupt practices means the offering, giving, receiving or soliciting of anything of value to influence the action of an official in the procurement process or in contract execution; and 24

25 Elect.Proj./289 (b) (ii) fraudulent practices means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Purchaser and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Purchaser of the benefits of free and open competition; will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or Fraudulent practices in competing for the contract in Question; 36.2 Furthermore, Bidders shall be aware of the provision stated in sub-clause 5.4 and sub-clause 24.1 of the General Conditions of Contract. 25

26 Elect.Proj./289 SECTION III: GENERAL CONDITIONS OF CONTRACT REFER TO Conditions of Contract for Plant and Design-Built for Electrical and Mechanical Plant, and for Building and Engineering neering Works, Designed by the Contractor (FIDIC FIDIC,, First Edition 1999) ISBN

27 TABLE OF CONTENTS 1 GENERAL PROVISIONS 1.1 Notices to Contractor Notices to Employer and Engineer 1.4 Law and Language 1.5 Priority of Contract Documents 3. THE ENGINEER 3.1 Duties of the Engineer 4. THE CONTRACTOR 4.2 Performance Security 4.3 Contractor s Representatives and Workmen 4.4 Sub-contractors 4.8 Safety Precautions 4.13 Right of Way and Facilities 4.16 Transport of Goods 4.17 Contractor s Equipment 4.19 Electricity, Water and Gas 4.20 Employer s Equipment 5. DESIGN 5.2 Contract Documents Day To Day Communication Contractors Drawings Approved Contractor s Drawings Inspection of Contractor s Drawings Manufacturing Drawings Presentation 5.5 Training of Employer s Personnel 5.7 Operations and Maintenance Manuals 5.8 Errors by Employer or Engineer 6. STAFF AND LABOUR 6.1 Engagement of Labour, Relations between the various Contractors, Organization and policing of Construction Site, Coordination, Personnel lodging of the Contractor 6.4 Labour Laws 6.5 Working Hours 6.7 Health and Safety 6.9 Contractor s Personnel 7. PLANT, MATERIALS AND WORKMANSHIP 7.3 Inspection 7.4 Testing 7.7 Ownership of Plant and Materials

28 8. SUSPENSION SPENSION OF WORKS, DELIVERY OR ERECTION 8.4 Extension of Time of Completion 8.7 Delays Damages 8.10 Payment for Plant and Materials in the Event of Suspension 8.11 Prolonged Suspension 8.12 Resumption of Work 9. TESTS ON COMPLETION 9.1 Contractors Obligations, Facilities for Tests on Completion 9.3 Retesting 9.4 Failure to pass Tests on Completion, Penalties,Test Certificate 10. TAKING OVER 10.1 Taking-over of the Works and Sections, End of Erection, Adjustment Period Commercial Operation, Acceptance and Other Provisions, Use before Taking Over 10.3 Interference with Tests on Completion 10.5 Safeguard Clauses 11. DEFECTS LIABILITY 11.1 Completion of Outstanding Work and Remedying Defects 11.2 Cost of Remedying Defects 11.3 Extension of Defects Notification Period 11.5 Removal of Defective Works 13. VARIATIONS AND ADJUSTMENTS 13.3 Variation Procedures 14. CONTRACT PRICE AND PAYMENT 14.1 Terms of Payment 14.3 Application for Interim Payment Certificates 14.4 Schedule of Payments 14.6 Issue of Interim Payment Certificates Statement at Completion, Issue of Final Certificate of Payment, Assessment 17. RISK AND RESPONSIBILITY 17.1 Indemnities 17.2 Contractor s Care of the Works 17.4 Consequences of Employer s Risk 18. INSURANCE 18.1 General Requirements of Insurance Policies 18.3 Insurance against Injury to Persons and Damage to Property SUPPLEMENTARY PROVISIONS TO THE CONDITIONS OF CONTRACT Definition of Prices Contract Registration Pledging Secret Information Meetings Quarterly Reports

29 1. GENERAL PROVISIONS 1.1 Definitions Sub-clause 1.1 of the Conditions of Contract is completed as follows: a) Employer (Employer) The Employer is the Public Utilities Corporation represented by the Chairman of the Board of Directors. The Employer is also referred in certain documents as purchaser. b) Contractor The Contractor is also referred to in certain documents of the Contract as the Contractant (Contractor). c) Engineer The Engineer is Public Utilities Corporation (PUC) and will be represented by a Specialist from PUC. d) Engineer s Representative The Engineer s Representative. e) Works The Works can be designated in the technical documents of the Contract by the terms equipment, installation and facilities. f) Supply The Supply is also designated in the technical documents of the Contract by the terms equipment. g) In Writing The explanation in writing means any handwritten, typewritten, printed or electronic document which is signed. h) Letter of acceptance The letter of acceptance is designated in the documents of the Contract other that the Conditions of Contract by the term letter of intention to order. i) Semi-commercial operation or Commercial operation This means the period during which the Works are operated under the responsibility of the Contractor within the conditions set forth in clause 10.1 of the present Special Conditions. j) Refusal The motion of rejecting the work or.. as indicated in paragraph b) of sub-clause 28.7 of the Conditions of Contract is translated in the technical documents of the Contract by that of refusal. 1.3 Communications Sub-clause 1.3 of the Conditions of Contract is completed as follows: Notices to Contractor All notices to the Contractor shall be addressed to their local address. Notices to Employer and Engineer All notices to the Employer and the Engineer shall be addressed to: Managing Director Electricity Division Public Utilities Corporation Electricity House, Roche Caiman P O Box 174 Republic of Seychelles

30 1.4 Law and Language Sub-clause 1.4 of the Conditions of Contract is modified as follows: The Laws of the Republic of Seychelles shall apply to the Contract and under which the Contract is to be constructed. The Language for communications and arbitration shall be English. 1.5 Priority of Contract Documents Sub-clause 1.5 of the Conditions of Contract is modified as follows: The Contract documents shall be (listed in order of priority): Contract Agreement Letter of Acceptance Letter of the Bid / Tender Special Conditions of Contract General Conditions of Contract (FIDIC, 1999) ISBN Employer s Requirements Technical Specifications The Schedule The Contractor s Proposal Any other Documents forming part of the Contract In the event of nonconformity between these documents or discrepancies of interpretation between clauses, each document shall prevail over the following document as follows: 3. THE ENGINEER In conformity with the indications of clause 1.5 of the Conditions of Contract, the General Conditions of the Contract shall prevail over all the other contract documents, it being understood that Particular Conditions of Contract shall prevail over the General Conditions of Contract). 3.1 Duties of the Engineer Sub-clause 3.1 of the Condition of Contract is completed as follows: The functions of the Engineer are defined in agreement between the Employer and Engineer. For the information of the Contractor the functions of the Engineer will be as follows: To actively represent the interest of the Employer in all matters relating to Contract To ensure compliancy of the Works to the Conditions and Specifications of the Contract by the Contractor To liaise between the Employer and the Contractor To issue instruction to or consult with the Contractor in accordance with the Conditions and Special Conditions of the Contract

31 To authorize payment of certificates submitted by the Contractor in the course of the Contract 4. THE CONTRACTOR 4.2 Performance Security To carry out any other relevant duties as desired by the Employer within the framework of the Contract The Engineer s functions will be specified to the Contractor by the Employer at the beginning of the Contract Sub-clause 4.2 of the Conditions of Contract is completed as follows: The Contractor shall provide for the Employer, within thirty (30) days following the letter of intention to order, a bank guarantee covering the proper execution of his obligations within the framework of the Contract. This bond shall be five percent of the total price of the Contract expressed in the money(s) of the Contract (at pro-rata) and shall cover both the portion in foreign currency and the local currency portion if any. The Contract shall be lawfully nullified and without legal intervention in the event that the Contractor does not present the bond within the above-mentioned period. The guarantee shall be valid until the end of the Defects Liability period defined in clause 11 of the Conditions of Contract as long as the Contractor demonstrates that all the obligations of his Contract have been fulfilled. 4.3 Contractor s Representatives and Workmen Sub-clause 4.3 of the Conditions of Contract is completed as follows: The Contractor s representative (s) shall, when required by the Engineer, come either to the office of the Engineer or to the jobsite at their own expense. Apart from supervising obligations of the Contractor he shall also specify in such programming the human and material resources to be mobilized by the employer to satisfy the contractual time limits. 4.4 Sub-contractors Sub-clause 4.4 of the Conditions of Contract is completed as follows: 4.8 Safety Precautions The Contractor shall indicate the sub-contractors chosen for the execution of the Contract The Contractor shall submit three (3) copies of the sub-contracts to the Engineer. Sub-clause 4.8 of the Conditions of Contract is completed as follows: The Employer shall place at the disposal of the Contractor a bare and levelled site, at the Baie St Anne Praslin Power Plant, in which the Contractor shall place his jobsite or installation. The location of this site and its situation with respect to the engine hall are indicated in the drawing of the Technical Specification. The Contractor shall specify in the Annex to the Bid the surface area he requires

32 4.13 Right of Way and Facilities Sub-clause 4.13 of the Conditions of Contract is completed as follows: The Employer and/or its employees shall be provided right of way at all times during the civil works, erection, commissioning and trials of works Transport of Goods Sub-clause 4.16 of the Conditions of Contract is completed by: Prior to any shipment, the Contractor shall inform the Engineer so that the latter can proceed with the checking of the supplies if he considers it necessary and indicate to the Contractor whether shipment is possible based upon the progress in the other trades. The Contractor shall assume full responsibility for the transport of the supplies between the manufacturing plants and the jobsite. The Contractor shall be required to stay informed of the general transport conditions up to the site in order to be able to split his deliveries as well as the weight and size of his packages. The Contractor shall phase the shipments such that there is no interruption in the erection operations If such risks arise, the Contractor shall submit to the Engineer two (2) months before the first shipment to the site: a packing list indicating the nature, volume and weight of packages, drawing attention to those requiring special handling and storage arrangements. the probable phasing of the shipments, determined with the Engineer so that the delivery takes place in the most favourable order to ensure proper functioning of the erection. This phasing shall be kept up-to-date by the Contractor and shall take into account the periods generally allowed for transit and for customs clearance operations. The packages shall bear the marking in conformity with the instructions of the Engineer. The Contractor shall send to the forwarding agent in due time the documents related to the shipment of equipment (detailed consignment notes, customs invoices, insurance certificates, etc) so that there are no delays in transport and so that all arrangements may be made in advance for reception upon the arrival of this equipment on the site. The Contractor shall simultaneously send two (2) copies of these documents to the Employer and to the Engineer Contractor s Equipment Loss or Damage to Contractor s Equipment It is up to the Contractor to provide for the policing, on the site, of the area in which his equipment is stored, his jobsite installations and his erection site. The Contractor shall not be entitled to any indemnity as result of the theft of tools equipment or materials suffered by him during the day or at night

33 4.19 Electricity, Water and Gas Sub-clause 4.19 of the Conditions of Contract is completed as follows: The Contractor will have enjoyment of the electricity and water available on the site for carrying out of the work and he shall at his expense supply all the apparatus likely to be able to make use of the aforesaid energy sources The Engineer shall indicate to the Contractor the supply locations. The Contractor shall take over maintenance and reparation of the equipments supplied by him. The employer shall allow the use of telephone facilities from existing extension. However, all international calls shall be to the Contractors account Employer s Equipment Sub-clause 4.20 of the Conditions of Contract is replaced by: A. The overhead travelling crane of the existing site shall be made available for use inside the engine hall during erection and adjustment period. B. The Contractor shall assume full responsibility for the equipment when made available to him. 5. DESIGN 5.2 Contract Documents Sub-clause 5.2 of the General Condition is completed as follows: The language of the Contract will be the English language which is the ruling language. Day To Day Communication All correspondence between the Contractor, Engineer and Employer shall be in English. Drawings, diagrams, manuals, programs, schedules, test certificates, and so on, including all annotations on these documents shall be drawn up entirely in English. Contractors Drawings The Contractor shall submit the following to the Engineer and, when specified, to the Employer, in accordance with logical sequence complying with the times mentioned in the Annex to the Bid: a. the general layout drawings of the works, as well as the equipment packing and handling drawings b. schematic diagrams and design calculations c. civil engineering guide and connection drawings d. detail construction drawings and diagrams of the work and of equipment e. erection drawings, diagrams and instructions f. the drawings, diagrams and instructions necessary for defining, performing and following the start-up and acceptance testing of the works on the site and reports containing the measurements and results of such testing g. the drawings, instructions and maintenance and operating manuals for the equipment

34 The documents indicated in a, b, and c shall enable the Engineer: to have good knowledge of the design, characteristics, operation and maintenance of the works and equipment and of the limits between works to check their execution to study all the allied works not provided by the Contractor, such as: Accesses, foundations, miscellaneous installations and connections, storage and erection areas The drawings indicated in c. shall specify in particular: the normal and exceptional loads and weight to be considered during installation and erection as well as during operation. the details concerning the foundation based, anchoring hooks, troughs for cables and piping, openings, gangways, supports, etc. information for pouring the concrete in the preliminary and subsequent phases parts of installation or equipments not belonging to this lot. The drawings indicated in d) shall include at least those covered by the list included in the specification. The submittal of the documents indicated in e) and g) shall be done in two stages. Before the on-site erection, the Contractor shall supply drawings and instructions with information for following the erection and adjustments and for preparing the instruction of the operating personnel. The Contractor shall then supply a set of final manuals and drawings so that all these documents constitute those which the Contractor is to supply by virtue of sub-clause 5.7 of the Conditions of Contract. In addition to above the Contractor shall supply to the Employer one set of transparencies or soft copies of final as-built drawings of the Works. The list of the drawings shall be drawn up by the Engineer in consultation with the Contractor. All documents shall be submitted to the Engineer, in five (5) copies, as concerns both examination documents as well as approved documents. The time for approving or rejecting the drawings by the Engineer will be thirty (30) days. Nevertheless, drawing approval could be reduced to one (1) week from receipt of drawings at the Engineers office for some drawings which could be of the critical path either for the Contractor or the Employer. The Engineer is in charge of transmitting to the Employer the copies of the drawings intended for him. Approved Contractor s Drawings Approved drawings shall not be signed or identified in another manner by the Engineer. Inspection of Contractor s Drawings The right of the Engineer to examine and to consult the drawings of the Contractor in his factory is extended to his erection site

35 Manufacturing Drawings The Contractor shall supply one complete set of erection drawings for the major components of the works or for Section of works, as agreed between the Engineer and Contractor. Presentation All drawings shall be completed and indelible, with all dimensions, drawn up in a logical manner and shall allow rapid and precise identification of their concerns. The Engineer may require the Contractor to standardize the presentation of the drawings and diagrams, and in particular the piping diagrams, the electrical diagrams and those of the automatic control systems. It is up to the Engineer to define to the Contractor the arrangements to be made at the beginning of the Contract. Each document shall contain a block in conformity with the model provided by the Engineer at the beginning of the Contract to the Contractor and indicating in particular: the name of the Engineer the name of the Project the name of the Contractor (or of his sub-contractor if any) the designation of the works the precise and complete designation of the drawings an identification number the precise indication of the scale(s) used the date and type of modifications if any; any modified drawing shall obligatorily bear a revision index. Copies shall be folded to standard A4 (210 x 297mm) dimensions, with the title on the visible side of the folded drawing. Electrical diagrams shall be represented on folios to A4 format (210 x 297mm) assembled in book or folded form. Each folio shall correspond to a function or a sub-function depending on the size. Each shipping document shall be accompanied with a shipment list, bearing the exact and complete number and title of each of the documents sent. Every three (3) months the Contractor shall send to the Engineer a list of the drawings and documents supplied with their revision numbers, if any, and their date of transmittal. 5.5 Training of Employer s Personnel Sub-clause 5.5 of the General Condition is completed as follows: The Contractor shall take all the appropriate measures for familiarizing the employer s personnel with the equipment supplied and installed under his supervision. For this purpose, he shall in particular provide for the training of these personnel and shall furnish them with all the instructions necessary under the conditions set forth below

36 The Contractor agrees to instruct and train the personnel in English in his workshops and in those of his sub-contractors as well as on the site. The Contractor shall provide at least 60 days before commencement of Training, a programme to the Employer, giving details of the training structure and contents therein for his approval. In the workshops, the personnel shall follow the phases in the manufacture of equipment, the production inspections and the acceptance testing. They shall also receive from the Contractor all useful training enabling them to be integrated on the site within the erection team of the Contractor and to supervise other personnel of the Employer not having received workshop training. The Contractor shall provide separately to the Employer a copy of all materials, i.e. notes, charts, information sheets, etc, supplied to the Employers personnel on training. On site the Contractor shall organize any conferences, equipment examinations, handling and training sessions, if necessary in order to better instruct the Employer s personnel with regards to the operation of the Works and its maintenance. Unless exceptionally specified in writing, the Employer s personnel receiving training shall not be assigned by the Contractor to any mission engaging the responsibility of the Employer. The Employer s personnel shall comply strictly with the work-hour schedule and in general, with all the working conditions applied by the Contractor. Employer personnel shall be trained at the Contractor s works. The Employer shall bear only the costs connected with the training of his personnel, i.e. transport from the Employer s domicile to the Contractors works and back, lodging expenses etc. The Employer s personnel to be trained and the nature of the training desired and its duration shall be as follows: No. of employees Five (5) Duration Two (2) weeks Nature of training 5.7 Operations and Maintenance Manuals Operations and maintenance of the equipment supplied as per the contract. Sub-clause 5.7 of the Conditions of Contract is completed as follows: Before the acceptance of the Works as dealt with in clause 10.1, the Contractor shall have submitted to the Employer through the Engineer: Five (5) copies and an unfolded transparency or soft copies of all as built drawings and diagrams requested by the Employer and, as indicated in sub-clause 5.7 of the Conditions of Contract, of all maintenance, operating and spare parts manuals of the works. 5.8 Errors by Employer or Engineer Clause 5.8 of the Conditions of Contract is completed as follows: The Engineer shall however communicate to the Contractor for approval of the information and the documents concerning the insertion within the works and supplies of his Contract and within the work of the other Contracts

37 These documents and information shall be provided in accordance with a programme defined jointly at of the beginning of the Contract between the Engineer and the Contractor. The Contractor shall make known his observations or approval within thirty (30) days following the receipt of the documents. If no reply is forthcoming within the required time, the aforesaid documents and information shall be regarded as accepted by the Contractor and the Engineer shall be able to undertake the execution of the work according to the information available to him at the time. Any expenses resulting from modifications that the Contractor may request in any part of the works after the period of 30 days mentioned above for the insertion of his works within those of the other Contractors shall be borne by the Contractor. The payment by the Employer for the modifications in the works made necessary as a result of incorrect drawings and documents furnished to the Contractor shall be applicable only if the above procedure has not been complied with by the Engineer. 6. STAFF AND LABOUR 6.1 Engagement of Labour Sub-clause 6.1 of the Conditions of Contract is modified by: The Contractor shall be responsible for hiring local or other personnel and he shall provide for the payment of this labour. Relations between the various Contractors When several contractors use installations or equipment of any kind belonging to one of them or made available to one of them by the Engineer, it is up to them to work out the conditions under which such equipment is to be used and sharing of the corresponding expenses. Organization and policing of Construction Site The Contractor shall be responsible for the organization and orderliness of his work. He shall keep his construction site clean at his own expense. He shall comply with all the instructions of the Engineer concerning the regulations to be applied for this purpose. The Engineer may, if he sees it useful in the interest of the public, require the Contractor to request and to apply, after having obtained them, any authorization to depart from the laws and regulations concerning working hours and weekly leaves. In the event of a strike or a strike threat, the Contractor shall apply, if necessary, to the authorities and shall work with these authorities in order to maintain order on the construction site and the protection of the workers willing to continue working. Coordination In general, the provisions relative to the safety, hygiene, organization and policing of the construction site shall be defined by the Contractor of the Electrical and Mechanical works on the basis of the provisions laid down by the Contractor of the Civil Engineering works and the Engineer. The Contractor shall, throughout the duration of the Contract, get in touch, at the appropriate times, with the other contractors of the project as soon as they are

38 designated to him by the Engineer so that all measures capable of ensuring the coordination of the work, the orderliness of the construction site and the safety of workers be taken on mutual agreement. All information or documents useful to this purpose shall be exchanged. Personnel lodging of the Contractor The Contractor is responsible for lodging of all its personnel. 6.4 Labour Laws Sub-clause 6.4 of the Conditions of Contract is modified and completed as follows: The Contractor shall apply to his personnel of any origin or any qualification, whatever the work regulations and the social legislation in force in the country of the Employer. The Contractor is fully responsible for the care, claims, indemnities and family allowances due to workmen suffering accidents on the jobsites, as well as for aiding and compensating the spouses and families of employees. If, even on his own initiative, in urgent cases, the Employer has incurred expenses such as medical service expenses, expenses for transporting and hospitalizing a victim of an accident, he shall be reimbursed by the Contractor. When an accident occurs, the Contractor shall send a copy of the declaration to the Engineer without delay. 6.5 Working Hours Sub-clause 6.5 of the Conditions of Contract is modified and completed as follows: Normal working hours on the site shall be set by the Contractor in order to ensure completion of the work within contractual deadlines. The Contractor shall keep the Engineer informed of the working hours adopted. The Contractor shall familiarize himself with the schedule of public and other holidays and shall make provisions for same in his programme. During test periods, the Engineer can require the Contractor to work at night, and the Contractor cannot refuse and is not entitled to any additional payment. 6.7 Health and Safety Sub-clause 6.7 of the Conditions of Contract is modified and completed as follows: Throughout his presence on the jobsite, the Contractor shall be responsible, at his cost, for the following: All special safety measures necessary because of the nature of his work and the materials he uses and the danger they may represent, particularly as concerns to fire hazards, and dangers of electrical origin or radioactivity hazards if any (weld inspection). All common safety measures (concerning hygiene, public health, accident prevention, industrial medicine, frustration) which may be necessary owing to the simultaneous presence, near working area of other contractors when the Contractor is to begin his work or set up his equipment

39 The Contractor shall also notably: provide the instruction necessary to his personnel for preventing fires and risks of electrical origin. Set the instructions to be followed by personnel concerning accident prevention, as provided for by regulatory texts: a. in case of fire (notably, the use of masks against smoke, if necessary) b. in the event of electrical hazards (application of resuscitation methods, for example) c. make his personnel available to the fire service common to all the contractors of the site or other common services when such services are organized on the construction site All temporary buildings, outside of the jobsite installation such as offices, workshops, stores, must also be constructed with fireproof (preferably metallic) materials and their design must be such as to prevent fire hazards. The Contractor shall draw up under his sole responsibility, a safety plan showing the practical safety measures which, in application of the proceeding provisions, he feels are necessary for his jobsite. This plan shall be submitted to the Engineer no later than three (3) months before the beginning of the erection work of the Contractor on the site. This plan shall indicate the methods provided for the application of regulatory measures as well as additional measures corresponding to the particular hazards of his jobsite in order to effectively ensure: a) the safety of his own personnel, personnel of the Employer, of the Engineer and of third parties b) the hygiene, industrial medicine, first aid and care to the sick and to accident victims, in particular as concerns electrical hazards c) the safety of the installations and, in particular, fire protection and fire fighting. Within the framework of this plan, the Contractor shall provide all the facilities necessary on the site in order to ensure emergency evacuation; these facilities may be common with those provided by the civil engineering contractor if the two parties have previously agreed upon a joint organization. The Contractor shall subsequently make any necessary modifications, notably as a result of changes in the site, and shall inform the Engineer thereof. This plan and its successive modifications shall take account special requirements relative to the site, requirements due to the existence of installations in service during the work of the Contractor and requirements which may result from the provisions of the Contract. 6.9 Contractor s Personnel Sub-clause 6.9 of the Conditions of Contract is modified and completed as follows: The labour necessary for the execution of the Works shall be recruited by the Contractor under his responsibility and in accordance with the provisions of regulations in force in the country of the Employer

40 The Contractor agrees not to entice personnel of other contractors working for the Employer. The Employer reserves the right to place free of charge at the disposal of the Contractor a certain number of his own personnel in order to ensure their effective use on the jobsite of the Contractor but also in order to complete their training. The Contractor is required to give them employment priority. The personnel of the Employer shall comply strictly with the time schedules and, in general, with all working conditions applied by the Contractor. The Contractor shall provide transport on the jobsite for the personnel of the Employer placed at his disposal. The personnel shall be covered by the civil liability insurance of the Contractor. The Contractor moreover remains responsible for any fraud or faulty workmanship committed by the workers placed under his responsibility. He can thus be called upon to request from the Employer, through the Engineer, the authorization not to take on or to lay off any worker made available to him if the worker has not performed satisfactorily. The number of workers of each trade shall always be proportional to the amount of work to be done, taking into account the deadlines involved. Should the Contractor be found liable owing to: an underestimation of the work facilities delays to be made up, The Contractor shall be required to hire, at his own cost, at the request of the Engineer, the additional workers necessary for meeting the deadlines and for making up the delay. The Engineer may require the replacement of workers of the Contractor who are unproductive or whose conduct is such as to disturb the proper performance of the work. 7. PLANT, MATERIALS AND WORKMANSHIP 7.3 Inspection Sub-clause 7.3 of the Conditions of Contract is completed as follows: The Engineer shall be able to exercise or have exercised by any persons of his choice the supervision of work progress and the inspection of materials and equipment in the factories of the Contractor as well as in those of his sub-contractors. The Employer may also, if he sees it necessary, delegate representatives to these factories. The periods normally necessary for inspection operations may in no case be used as an excuse by the Contractor for any delays in delivery, unless certain inspection operations have been obeyed by the Engineer. The Contractor shall keep the Engineer informed of the progress of manufacturing of the works as required as sub-clause 4.1 so that the Engineer may arrange for supervision of the same if so desired by the Employer or the Engineer

41 7.4 Testing Sub-clause 7.4 of the Conditions of Contract is modified and completed as follows: The Contractor shall submit to the Engineer two (2) months after the coming into force the contract, in five (5) copies, a chronological schedule of the tests called for by the Contract with an indication of the place at which the test is to be carried out. This schedule shall be updated by the Contractor whenever required and shall be made available again. The Contractor shall confirm the dates of the planned test to the Engineer fifteen (15) days in advance. It is the Contractor who draws up the test certificate. It is signed by the Engineer or by his representative when the latter attends the tests. In all cases, whether the Engineer is present or not, the Contractor shall send four (4) copies of each certificate to the Engineer as soon as possible. The Contractor shall also provide the originals of test certificates relative to gas pressure vessels, cables, handling equipment, etc. 7.7 Ownership of PlantP and Materials Sub-clause 7.7 of the Conditions of Contract is completed as follows: The plant assigned to the Contract shall, prior to delivery, receive the markings necessary as future property of the Employer, and the Contractor shall not have use thereof without the approval of the Employer or, failing this, after having previously submitted to the Engineer any claims for prejudice suffered. Transfer of ownership of the works to the Employer shall take place on the date of acceptance when all contractual payments have been effected. 8. SUSPENSION OF WORKS, DELIVERY OR ERECTION 8.4 Extension of Time of Completion Clause 8.4 of the Conditions of Contract is completed as follows: The following are excluded from the events capable of leading to an extension of time for completion: social environment of a restricted nature, i.e. those limited to the company of the Contractor or the companies of his Sub-Contractors. all production reject concerning the works and equipment except for rejects of major components made specifically for the contract. Delays by Sub-Contractors The Contractor shall provide the Engineer sufficient information and show cause to claim for extension of time due to delay by the Sub-Contractor. 8.7 Delays Damages Sub-clause 8.7 in the General Condition is modified as follows: The Employer shall be entitled to a price reduction even in the case where he has not undergone losses. Amount to be discussed during the contract negotiation

42 8.10 Payment for Plant and Materials in the Event of Suspension Sub-clause 8.10 of the Conditions of Contract is modified as follows: Payment shall be due if the interruption of the work exceeds 3 months (instead of 28 days indicated in the Conditions of Contract) Prolonged Suspension Sub-clause 8.11 of the Conditions of Contract is modified as follows: If suspension under clause 8.8 has continued for more than 120 days, and the suspension is not due to the Contractor s default, the Contractor may by notice to the Engineer request permission to proceed within 28 days Resumption of work Sub-clause 8.12 of the Conditions of Contract is completed as follows: If the authorization to resume work which has been suspended is not granted to the Contractor, the provisions of clause 10.4 of the present Special Conditions shall be applicable. 9. TESTS ON COMPLETION 9.1 Contractors Obligations Sub-clause 9.1 of the Conditions of Contract is completed as follows: This sub-clause applies to the checking of the works as well as to the tests and inspections required within the period extending from the final erection until the acceptance of these works according to sub-clause 10.1 of the Conditions of Contract and of Special Conditions. Facilities for Tests on Completion The Contractor shall supply, free of charge, manpower, materials and apparatuses liable to be necessary and normally utilized during the tests. The Contractor shall also set up and connect the test apparatus and installations. The Contractor shall take under his charge the specialized personnel necessary for the test. He may, if he desires, assign the operation of the installation to his own personnel, provided proper liaison is established with the Employer. Provisions of clause 10.3 also apply to the work that the Contractor may be required to carry out during the guarantee period to meet his contractual obligations. 9.3 Retesting Sub-clause 9.3 of the Conditions of Contract is completed as follows: In the case where the results of the tests give rise to disputes, a new series of tests shall be entrusted to an accredited official organization appointed specially for this purpose. The expenses relative to such tests shall be borne by the party found to be liable on the basis of the test results. 9.4 Failure to pass Tests on Completion Sub-clause 9.4 of the Conditions of Contract is completed as follows:

43 Penalties a) Fuel Consumption The Contractor shall be subjected to a technical penalty, calculated on the basis of 2% (two percent) of the global contract price, for each half (1/2) mega joule per kilowatthour (MJ/kWh) by which the guaranteed value is exceeded, tolerances included. b) Lubricating Oil Consumption The Contractor shall be subjected to a technical penalty, calculated on the basis of 2% (five percent) of the global contact price for each half (1/2) gram per kilowatt-hour (g/kwh) by which the guaranteed value is exceeded, tolerances included. c) Efficiency of the Alternator The Contractor shall be subjected to a technical penalty, calculated on the basis of half percent (0.5 %) of the global Contact price for each percent of additional losses over and above the 10% tolerance. This penalty shall be applied up to 125% of the mean weighted value guaranteed losses; above this figure the rejection clauses will be applicable. If for the works or a portion thereof, the tests repeated (according to paragraph 9.3 of the Conditions of Contract) or not repeated are not satisfactory, the Engineer will have the right to reject the works or the concerned portion thereof. Test Certificate The Test Certificate shall be drawn up by the Contractor and witnessed by the Engineer, his representative, or the Employer as soon as the works or section thereof has passed the tests. 10. TAKING OVER 10.1 Taking-over of the Works and Sections Sub-clause 10.1 of the Condition of Contract is completed as follows: The Engineer shall issue the Certificate dealt with in clause 10.1 of the Conditions of Contract only when the additional operations and conditions set forth below have also been completed: a) End of Erection As soon as the erection works have been completed and the equipment is ready to operate, the Contractor shall inform the Engineer in writing as indicated in sub-clause 9.1 of the Conditions of Contract and of the Special Conditions. An inspection of the actual completion of the erection shall first be carried out jointly, as well as the first inspection concerning the general execution quality, notably and more particularly that of the adjustment and safety devices. The end of erection report shall be drawn up by the Contractor and signed by the Engineer, or the Engineer and the Employer. This report shall set the date of the end of erection

44 b) Adjustment Period P The Contractor then proceeds with the adjustment of the works in accordance with a programme to be submitted for approval to the Engineer and taking into account the requirements and possibilities resulting from all the works in progress and operating requirements. This schedule shall define in particular the policing and safety measures that the Contractor deems necessary and sufficient. During this adjustment period, the Contractor can, with the approval of the Engineer and, if necessary, of the other Contractors concerned, stop the installations or operate them at different speeds in order to carry out the required adjustments and ensure proper operation. c) Commercial Operation At the end of the semi-commercial operations, the generating set shall be put into commercial operation for two (2) weeks of continuous operating output. Adjusting or modifying definitive settings is simply tolerated provided that the Contractor informed the Engineer of the motive and requests his approval before making these adjustments in compliance with the provisions below. Whenever the Contractor s personnel have to intervene, by their own initiative or at the Engineer s motivated request or that of his Representative to perform supplementary work on the installations, or modifications or adjustments other than those defined in the manuals for normal operation, these shall remain at the charge of the Contractor. d) Acceptance Upon the expiry of the period indicted in the Specification, the Contractor shall be entitled to request that the acceptance of the works be declared. This request shall be made in writing to the Engineer. If the Engineer feels that, on the date of this request, the works have actually operated in a satisfactory manner under the conditions set forth in (c) above, that the Contractor has properly provided the training of the personnel in conformity with sub-clause 5.5 of the Special Conditions and if the documents indicated in sub-clause 5.7 of the Special Conditions have been submitted by the Contractor, the Engineer shall draw up the acceptance certificate. This certificate shall be signed by the Contractor, the Employer and the Engineer. If the Engineer has objections to make, he shall formulate them within the period of 28 days following the request of the Contractor. After this period, acceptance shall be lawfully acknowledged. e) Other Provisions During the adjustment, and commercial operation periods set forth in b) and c) above; the operation of the works shall be carried out by the personnel of the Employer under the authority and responsibility of the Contractor who shall be required to maintain qualified personnel on the spot. All adjustments, repairs or modifications required shall be carried out by him and at his expense. Operating personnel shall be made available free of charge by the Employer to the Contractor

45 As soon as the works have been accepted, the Employer shall carry out the operation and maintenance of the works and the Contractor may then, and only then, withdraw his personnel provided however that, until the end of the guarantee period, their immediate return will be possible upon the simple and justified request of the Employer. Should the return of the personnel not be found to be justified by the obligations of the Contract, the corresponding expenses shall be borne by the Employer. The Contractor shall maintain until acceptance, the ultimate modifications, adjustments or settings that he will judge to be still required, due allowance however, being made for operation requirements. Before acceptance, the Contractor shall be required to point out to the Engineer any defects known to him regarding his own equipment. The Contractor shall be required to remedy them. During the operating period set forth in c) the Contractor shall instruct the personnel of the Employer in charge of the normal operation of the works, with instructions relative to proper operation and maintenance. Use before taking over The provisions laid down in sub-clause 10.1 c) shall not constitute use of the works by the Employer Interference with Tests on CompletionC Sub-clause 10.3 of the Conditions of Contract is replaced by: a. If, owing to an act or an omission on the part of the Employer, the Contractor is prevented from carrying out part of the tests at the end of the work but the inspections already carried out permit the Employer to operate the Works industrially, and provided it has not been proven in the meantime that the Works depart substantially from the stipulations of the Contract, it shall be considered that the Employer has taken over the Works and the Engineer shall accordingly draw up the acceptance certificate indicated in 10.1 above. b. If, under the same conditions and with the same reserves as in a) above, the totality of the tests could not be carried out or if those carried out do not enable the Employer to operate the works industrially, the provisions of sub-clause 10.5 of the present Special Conditions shall apply. c. However, the Contractor shall carry out the said tests during the guarantee period, when the Engineer shall so request in writing giving him prior notice of 14 days. All the additional expenses incurred by the Contractor during the tests carried out during the guarantee period in accordance with the present paragraph shall be added to the Contract price. Nevertheless, the Contractor shall not invoice any additional expenses if the tests are carried out within the 3 months following the date of acceptance for case a) above, either the contract date of acceptance or the date at which the Contractor would declare to be ready if this date is later for case b) (this date shall be calculated by adding three (3)

46 months to date of erection end related in sub-clause 10.1 a) of the present Special Conditions Safeguard Clauses Sub-clause 10.5 is added. If, for any reason not attributable to the Contractor, and as a result: a) of a delay in supplies in accordance with sub-clause 8.7 b) suspension of work in accordance with clause 8 c) interference capable of hindering the tests at the end of the works in accordance with sub-clause 10.3 b) d) the acceptance of the works cannot be declared six (6) months after the contractual acceptance date or after the date on which the Contractor declares himself to be ready for this acceptance if the latter is later, it shall be considered that the Employer has taken over the works and the Engineer shall draw up the acceptance certificate accordingly. The payment instalment indicated in clause 14.4 of the present Special Conditions shall be invoiced on the date of the above-mentioned acceptance certificate. The guarantee period indicated in sub-clause 11.1 shall be calculated as of the date of the aforesaid certificate. 11. DEFECTS LIABILITY 11.1 Completion of Outstanding Work and Remedying Defects Sub-clause 11.1 of the Conditions of Contract is completed as follows: In general, the guarantee period applicable to the works shall be twelve (12) months beginning on the date of taking-over or maximum eighteen (18) months from the date when the equipment is ready for dispatch at the Contractor s plant if the acceptance is delayed for reasons beyond its control. The guarantee period applicable to the diesel engine shall be twenty four (24) months or thirty (30) months if the afore mentioned conditions apply. However, certain parts of the works or certain supplies may form the subject of a guarantee period longer than twelve months. The specifications specify the elements of the works or of the supplies concerned. Upon the expiry of the guarantee periods, the Engineer shall draw up an end of guarantee certificates which shall be signed by the Contractor, the Engineer and the Employer. The guarantee bond dealt with in clause 14.4 of the present Special Conditions shall be released upon presentation of these certificate by the Contractor to the bank and proportionally to amounts entered therein

47 11.2 Cost of Remedying Defects Sub-clause 11.2 the Conditions of Contract is completed as follows: The guarantee period for the works or parts of the works replaced or reconditioned shall be one year beginning on the date of the completion of the repair (or duration indicated in the specification in the case of a special supply defined in the specification) Extension of Defects Notification Period Sub-clause 11.3 of the Conditions of Contract is completed as follows: If the Works of the Contractor cannot be used for a reason not attributable to the Contractor, the guarantee period will terminate at latest eighteen months after the date of acceptance of the works except for the diesel engine Removal of Defective Works Sub-clause 11.5 of the Conditions of Contract is completed as follows: The Contractor shall provide sufficient and conclusive evidence to the Engineer on why any part of the works is to be repaired and not replaced. 13. VARIATIONS AND ADJUSTMENTS 13.3 Variation Procedures Sub-clause 13.3 of the Conditions of Contract is completed as follows: A Variation Order may be issued to the Contractor by the Engineer as per clause 13.1 for any part of the works for which information has not been supplied as per clause 5.2. In this case clause 13.3 c) shall not be applicable. 14. CONTRACT PRICE AND PAYMENT 14.1 Terms of PaymentP Clause 14.1 of the Conditions of Contract is replaced by: Payments shall be made as follows: SUBJECT TO NEGOTIATIONS AND FINANCIAL AGREEMENT 14.3 Application for Interim Payment Certificates Sub-clause 14.3 of the Conditions of Contract is completed as follows: The certificates of payment drawn up by the Contractor shall be sent by him to the Engineer for verification and transmission to the Employer in accordance with the conditions defined in clause 14.1 of the present Special Conditions. These certificates, after verification by the Engineer and signature by the Employer, shall constitute the payment instruments Schedule of Payments Paragraph one of sub-clause 14.4 of the Conditions of Contract is replaced as follows: Provisions made in sub-clause 14.1 of the Special Conditions shall apply for the Engineer to make observation regarding payment certificates

48 14.6 Issue of Interim Payment Certificates Sub-clause 14.6 of the Conditions of Contract is replaced by: Application for Interim Payment shall be drawn up by the Contractor in accordance with the progress of studies, manufacture, and shipment made by the Engineer within the shortest possible time. The indications to be placed on the Certificates of payment are specified in sub-clause 14.1 of the Special Conditions Statement at Completion Sub-clause is added to the Conditions of Contract: The final certificate of payment shall be drawn up by the Contractor after acceptance of the work or part of the work, as soon as the final price revision indices have been published. It shall be presented no later than six (6) months after the acceptance date of the works concerned. Issue of Final Certificate of Payment The Engineer shall verify the Final Certificate of payment after receiving the application in accordance with sub-clause and shall present to the Employer for payment not later than 28 days after receipt of the Final Certificate for payment. Assessment In the contract price are not included any provisions as indicated in sub-clause 13.3 of the Conditions of Contract. The amounts of the additional work requested by the Engineer by virtue of clause 13 shall constitute an increase in the contract price and shall be settled by the provisions of clause RISK AND RESPONSIBILITY 17.1 Indemnities Sub-clause 17.1 of the Conditions of Contract is completed as follows: The Contractor shall take at his responsibility and at his expense all the safety measures required on his jobsite as concerns the type of work that he is carrying out as well as due to the presence on the project of other jobsites. The Contractor shall notably: give his personnel all information concerning accident prevention. set up instructions to be followed by his personnel concerning accident prevention make his personnel available to the common safety service when such a service is created on the project. In addition, when performing his contract, the Contractor shall respect the safety principles and notably: construct his temporary and definitive works in non-flammable material

49 specially arrange his equipment so as to avoid the risk of fire take special precautions when he is obliged to work with a high fire risk. For work to be done near or within work enclosure belonging to the Employer and requiring switching-off of current, the Contractor will be in charge and responsible for carrying out all the procedures needed in order to achieve these cut-offs which shall result in written orders and instructions. The Employer engages himself to aid as much as possible the Contractor in his procedures Contractor s s Care of the Works The sub-clause 17.2 of the Conditions of Contract is completed as follows: Not considered as part of the excluded risks, are those resulting from the use, for work requirements, of radioactive matter (weld inspection) Consequences of Employer s Risk Sub-clause 17.4 of the Conditions of Contract is modified as follows: Loss or damage of the works or parts thereof shall be made good by the Contractor at the Employer s expense, if required by the Engineer within the shortest possible time. The Contractor shall advise the Engineer of the time it will take to make good the Loss and damage. 18. INSURANCE 18.1 General Requirements for Insurances Sub-clause 18.1 of the Conditions of Contract is completed as follows: The Contractor shall provide the Employer copies of Insurance Policies or Certificate Insurance against Injury to Persons and Damage to Property Notwithstanding any conflicting clauses which may exist elsewhere in the contractual documents and without the following limiting his obligations and responsibilities the subclause 18.3 of the Conditions of Contract is completed as follows: a. The Contractor shall subscribe and maintain in effect a comprehensive insurance policy. subscribed through insurance companies known to be solvent and applied to the benefit of the Employer as well as to the benefit of all the companies or persons participating in the installation of the two diesel generator sets and continuing without interruption from the beginning of the work until the acceptance of the generating set of the power plant and covering all the property (civil engineering, buildings, equipment and miscellaneous installations) forming part of the contracts entered into between the Employer and the operators, engineering offices, consulting engineers, contractors, suppliers, builders (including their sub-contractors), etc. b. This insurance shall include the broadest guarantees and shall consequently cover all the material damages involving the property of the contracts mentioned. The works notwithstanding any conflicting clauses which may exist elsewhere in the contractual documents, and without the following limiting his obligation, including those

50 due to a defect in design, drawings, workmanship or materials (without exclusion of the defective part) as well as material damages due to natural occurrences (storms, hurricanes, earthquakes, settlement or sliding of land and other cataclysms). The following risks are not to be covered: Damage due to the intentional action of an insured party or to deliberate non compliance with standards of practice, this exclusion being limited to the equipment of the insured party responsible for the intentional action or deliberate non compliance. Damage to the property of the various participating parties, not intended to become the property of the Employer (jobsite housing, scaffolding, lifting equipment, erection equipment, etc). Non-material prejudices. c. As for the acceptance of the generating set of the power plant, the guarantees of the comprehensive insurance shall continue to the benefit of the Employer for a period corresponding to the respective guarantees as referred to in sub-clause 11.1 and shall cover damage: d. Attributable to the intervention of an insured party on the site in execution of his contractual obligations (inspection, maintenance, adjustments, etc..). e. Or occurring prior to the acceptance of the generating set. f. Amount of guarantee and deductible portion: SUBJECT TO NEGOTIATION The Contractor shall submit to the Employer for approval the texts of the policy he intends to underwrite. He shall then prove that he has taken out and is maintaining the insurance and shall communicate the terms and conditions of guarantee to the Employer, without this communication relieving him in any manner of his obligations by virtue of the present text. It is specified that the guarantee goes into effect after unloading on the site. For the risks not covered by the comprehensive insurance, the Contractor shall himself take out all necessary insurance, particularly for risks of transport and unloading and the risks in connection with safety and related in sub-clause 6.4. The Contractor shall explain what his intentions are for covering these risks. The Contractor and his sub-contractors shall submit to the Engineer, in due time, two copies of all corresponding insurance policies. Third Party Liability The guarantee of this insurance shall cover a minimum amount of: 500,000 (eight hundred thousand) Seychelles Rupees per claim

51 SUPPLEMENTARY PROVISIONS TO THE CONDITIONS OF CONTRACT The following clauses are added. 1. Definition of Prices The prices shall be of a lump-sum nature and the Contractor may under no condition, except for departures provided for in the Conditions of Contract and Special Conditions, change these prices which are considered to allow for all his expenses and profits. The total lump-sum price will include the supervision on site erection. 2. Contract registration 3. Pledging The Contract shall be registered in Victoria, Republic of Seychelles In the event of the pledging of the Contract, a special copy bearing the mention sole copy and intended to form a title is generally issued to the Contractor. 4. Secret Information The Contractor agrees to treat all the details of the present contract as private and confidential, except to the extent that the communication of all or part of the contract is necessary for the purposes of its execution. He also agrees to refrain form publishing or divulging the contents or any details of the contract in any professional or technical publication without having first obtained the written authorization of the Employer or of the Engineer. Any disputes arising in respect of the need to publish or divulge such details of the contract shall be submitted for approval to the Employer, whose decision is final. 5. Meetings During the construction work, periodic or exceptional meetings shall be organized by the Engineer either on the site, in Victoria or in any other place recognized as necessary for the proper executive of the work. The Contractor shall have himself represented by the works manager or any other person equally qualified and duly delegated. As a rule, meetings are intended essentially to provide an analysis of the different problems concerning execution to the construction and to allow the required decisions to be made. An analysis of these problems shall be undertaken before these meetings. 6. Quarterly Reports The Contractor shall draw up quarterly reports setting forth the essential events occurring during the quarter and shall send them in five copies to the Engineer within 15 days following the end of the considered quarter. To these reports shall be attached the provisional programme and the timetable specified in clause 4.1 of the present Special Condition, updated according to the progress in the execution of the works and supplies. These reports shall also be accompanied by some photos showing the situation of the main works and supplies

52 SECTION V. TECHNICAL SPECIFICATIONS

53 CONTENTS 1.0 Generalities 1.1 Object and Scope Port Facilities 2.0 General Characteristics of the Existing Installations 2.1 Nominal System Voltages Three Phase, Three Wire System Three-Phase, Four Wire System Single- Phase, Two wire System 2.2 Frequency 3.0 Brief Description of the Power Plant 3.1 Engine Hall 4.0 Local Conditions 4.1 Location and Access 4.2 Climatic Conditions General Climatic Conditions Climatic Conditions: Design Purposes 4.3 Water Supply 4.4 Fuel Used 4.5 Lubricating Oil 5.0 Generator Main Data and Design Conditions 5.1 Generator Set 5.2 Plant Ratings 5.3 Design Conditions 6.0 Description of the Supplies 6.1 Generalities 6.2 Standards and Codes 6.3 Equipment to be supplied Diesel Engine Fluid System Fuel System Lubricating Oil System Starting/Control Air System Cooling Water System Secondary Cooling System Charge Air System Exhaust Gas System Oily Water System 6.4 Diesel Engine Control and Monitoring System Speed Regulation System Control and Protection System Instrumentation Other Items fitted to the Engine 6.5 Alternator Alternator Details Alternator Main Components Stator Rotor

54 Bearings Alternator Cooling System Excitation 6.6 Alternator Control, Instrumentation and Automation Instruments 6.7 Fire Protection 6.8 Alternator Details to be provided 6.9 Details of Existing Generators 7.0 Generator Set Monitoring and Supervision 7.1 Control and Automation System 7.2 Generator Set Control Panel 7.3 Auxiliaries Control Panel 7.4 Low Voltage Auxiliaries Switchboard 7.5 Operator Monitoring Station 7.6 Generator Set Instrumentation 7.7 DC Battery System 7.8 Medium Voltage Equipment 7.9 Neutral Contactor/Earthing Panel 8.0 Design Requirements 8.1 Generalities 8.2 Civil Engineering Design 8.3 Documents to be provided at the Design Stage 8.4 General Drawings 8.5 Lay-out Drawings 8.6 Installation and Construction Drawings 8.7 Fluid Flow Charts 8.8 Operating Instructions for Assemblies and Sub-assemblies 8.9 Explanatory and Substantiating Design Notes 8.10 Lists 8.11 Service Manuals 8.12 Test Certificates 9.0 Commissioning of the Installation 9.1 End of Erection Final Adjustment End of Erection Operation of the Equipment Final Adjustment and Commissioning Programme 9.2 Warranty Warranty Runs Fuel- and Lubricating Oil Warranty Run 9.3 Commercial Operation 9.4 Acceptance Tests Transfer of Ownership Acceptance Tests Transfer of Ownership Acceptance 10.0 Guarantee-Penalties- Rejection 10.1 General Guarantees 10.2 Measurements and Design Tolerances 10.3 Acceptance Guarantees 10.4 Special Guarantees Guarantees specific to each Generator Set 10.5 Technical Penalties

55 10.6 Noise 11.0 Tools and Spare Parts 11.1 Tools 11.2 Spare Parts 11.3 Packaging of Spare Parts for Transport and Storage 11.4 Guarantee of Spare and Replacement Parts 12.0 Civil Engineering 12.1 Generator Set Foundation 12.2 Reinforced Concrete Structures 12.3 Metal Frameworks 12.4 Building Ventilation 12.5 Miscellaneous Works 12.6 Paintwork 12.7 Galvanizing 12.8 Tropicalization 12.9 Heating 13.0 Scope of Supply 13.1 Items/Services to be supplied by the Contractor 13.2 Items/Services to be supplied by the Employer

56 1.0 Generalities 1.1 Object and Scope In order to meet the increasing demand for electricity on the islands of Praslin and La Digue, the Public Utilities Corporation, Electricity Division has decided to further strengthen the existing generating resources of the Baie St Anne power plant at Praslin by the installation of one additional diesel generator set. These Technical Specifications relate to the design, civil engineering, in-factory construction, shipment, erection, commissioning, testing and commercial operations of the equipment as detailed by the Employer. The purpose of the Technical Specifications is to; Port Facilities - describe the equipment in conformance with the requirements of the Conditions of Contract - specify the scope of the design, supplies and works to be performed - indicate the required specifications and special technical guarantees to which the equipment will be required to conform - indicate the applicable codes of practice and standards - specify the inspections or test programs both in-factory and on-site Commercial port facilities are situated on Mahe and the lifting capacity is limited to 40 tons. Contractor should discuss the transportation of the diesel generator set with the Shipping Companies as most of the shipment to Seychelles is through containers. Shipment to Praslin from Mahe (40km) could only be handled by landing crafts / barges and heavy lifting equipment; vehicles have to be transported from Mahe. Landing crafts are available on the island. Not to scale