3.2.2 special conditions of contract

VIETNAM ELECTRlCITY / TEPSCO o MON THERMAL POWER PLANT

Section V. Special Conditions of Contract (SCC)

v-scc

-! -:J:JS-A-

Eγ .......................................................................................... S<J!lH!JB.tI UO!lBJ!UnWWOJ<J)<J.1 IZ"Z.r Eγ ...................................... ‘ .......................•.........•.....•................................... UO!lJ<J10.Jd <J.J!.tI oz.z.r zγ ...................................................................................... UO!뼈까UBS pUB IBSods!Q <J~BM.<JS 6ITI Z17 ................ ‘ ............................................................................. 시ddnS 져γ passa1d따0;) ε81 τ I zγ .......................................................................................... … •••••••••••• ……시ddnS 1밍BM. .C81τL

Oγ ........................................................................................ 뼈dnS1뼈Od uo띠뼈SUO;) 1"81τI

oγ ................................................................. ………UO!씨n.J1SUO;) .JOj .J!Y pUB .J31BM. ‘.J3M.Od 8ITI 6( ........................................................................ ηUBl{nsUO;) pUB NA3: 10J sa::>핑O 찍S Z.LITI

8 ( ................................................ sa~l~H::>Bèl κ.nuodUIal， pUB Ba1γ í3lr!껴10M. s‘lO:PBllUO;) 1" L r Z.1 8S ............................................ ‘ .•......•.••..•.. 앓띠IPB.tI 3l!S pUB B3.Jy ~UpμOM. S‘.JOPB.J1UO;) LITI ÇS ...................................................................................................... 왜없이S pUB 1U3Wd띠S 9ITI çs ................................................................................................................... 1띠od ι.13시)<JQ SITI γ( ...................................................................................................................... Â1μn;)<JS 3l!S tITI

S( ............................................................................ SlS3.1 pUB uO!lJ<JdsuI ‘UO!S!μ<Jdns 허!S nTI (( ....................................................................................... luaUId띠S a10Jas: uO!l::>ads따 (.ZI τ'1 (( ........................................................................................................... 시qUIassy doqS z.n ’n 1 ( ....................................................................................................................... IB1auao I.ZI.Z.1 1 S ............................................................................................... SlS<J.1 pUB uO!l;)<JdsUI doqS ZrZ.I os ................................................................................................. s쩌따S pUB S3pB.JÐ ‘S<JU!'} IITI os .............................................................................................................. 1.Jod<J1I )BJ!lS!lBlS OI.Z.I os ...................................................................................... luaurqsndUIO::>::>y JO a~Blua::>lad Z.6τ I 6Z .................................................................................................. 체npaq::>s 꾸OM. paa펴γ 1"6TI 6Z .................................................................................................... 쩨.10M. 쩌1jO UOnnJ3째 6TI 6Z ..................................................................................................... 셰nqB<JJ!μ3S )BJ!do.J.1 8TI 8Z .......................................................................................................... S.J<Jμ.JBg pUB slq~!'I LTI 8Z ......................................................................................... S찌하N pUB sÂBP!lOH ‘SÂBpunS 9TI 17Z .................•................................................................................ 갱pO때d pUl:l salBQ 성)l ZTn γZ .............................................................................................................. 젝np때::>s 씬OM. I.ÇTI 17Z ................................................................... spop애 pUB S31BQ 심)1 pUB 3)np쩌JS 원OM. STI IZ ................................................................................................................ UI3lSκs 씨HBUÒ 9.γZ"I

IZ .......................................................................................................... '.sí3따M.B1Q p10::>a(l çγZ"I

OZ .......................................................................................................... sí3띠MB1Q lUns:-sy 17'vT 1 OZ .................................................................................................. s~띠MB1QJO ~띠SS3001d S.vT 1 çr ..................................... ‘ •................•....•..•••••.•.•...•.•...••.. BlBQ pUB SlU3따U::>OQ ‘S~띠M잉Q Z.γTI

(r ........................................................................................................................... {B1aU30 1γZ"I

n .. '… ................................... suo!pn.J1suI pUB B1BQ ‘SlU3Wn;)OQ ‘S~U!M.B.JQ s‘.JOpB.JJUO;) PTI ZI .................................................................................................................... S~U!M.B.JQ P!g f.Z.I ZI ............................................................... … ............................ …1no P3!μB;) 3q 01 쩍.10M. ZTI

ZI ................................................... ………… p3fo.Jd 3qlJO UOnd!.JJS3Qj3!.Jg pUB UO!lBJO'1 rTI

ZI ........................................................... Z JO ZJ.lßd SUO!l!PUOJ (ß!33dS Z.l I

εε.…… •• ….“….“….“….…….…….……… •• ….“….“….“… •• ….“….“… •• … •• … •• … •• ….“….“… •• ….“… •• …… •• … •• …… •• …… •• ….“…….“…….“…… •• …… •• …… •• …… •• …… •• … •• …… •• …….“…….“….“…….“…….“…… •• ….“…… •• …… •• …….“… •• …… •• … •• ….“…… •• …… •• … •• … •• … •• … •• … •• ….“….“….“….“….“… •• … •• ….“… •• … •• ….“… •• ….“….“… •• …… •• … •• ….“… •• … •• …’”… •• …… •• … •• …… •• … •• … •• … •• …… •• … •• …… •• …… •• … •• …… •• … •• … •• … •• … •• … •• … •• … •• … •• …… •• …… •• …… •• …… •• …… •• … •• ….“….“…… •• …… •• …… •• … •• … •• … •• S앓3nn띠‘Q pUB XB.1 LνTI

(".… ••• “… •• … •• … •• ….“… •• … •• … •• ….“….“… •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• ….“….“… •• … •• … •• ….“….“….“…‘“….…….“… •• … •• … •• ….“….“… •• ….“….“….“….“….“… •• … •• ….“….“….“… •• …‘”… •• … •• … •• … •• … •• … •• … •• ….“… •• … •• … •• … •• … •• …’”… •• ….“….“….“….“… •• … •• ….“… •• … •• … •• … •• …’”… •• ….“….“… •• ….“….“….“….“… •• ….…….“….“….“….“… •• … •• ….“….“… •• ….“….“… •• … •• … •• UO이〕끼!lB.JBd3.Jd 1꾀JB.J1U0;) 9γTI I

(".…… •• …… •• …… •• …… •• …… •• …… •• …… •• …….“…… •• …… •• …… •• …… •• …… •• …….“…… •• …… •• …….“…… •• …… •• …… •• …….“…….“…… •• …… •• …… •• …….“…….“…….“…….“…….“…….“…….“…….……….……….……….……… •• …….“…….“….“ •• …… •• …… •• … ••• …… •• …… •• …… •• …… •• …… •• …… •• …….“…… •• …… •• …… •• …….“…… •• …….“…….“…….“…….“…….“…….“…….“…….“…….“…….“…….“….“.UO이nπB.Jap미!SUO;) .10 UO미]껴!SS인!W띠0;) jO 1ua하Wl“lι(Bd !;.τTI I z .. … •• ….“…….“…… •• …… •• …….“…… •• …… •• …… •• …… •• …….“…….“…… •• …… •• …… •• …… •• …….“…….“…….“…….“…….“…….“…….“…… •• …….“…….“…….……… •• …… •• …….“…….“…….“…….“….“.S앓an씨찌!IPB.tJ: ι.JB.Jodwa.1 pUB lUιa아}W띠d!nb:t{ sι‘.10이pB없j찌1UO;) jO )BAOwa'H Pγ.τTI I

I z .. …… •• …… •• …… •• …… •• …….“…….“….“.“…… •• …….“…….“…….“…… •• …….“…… •• …… •• …….“…….“…… •• …….……….……….“…….“…….……….“…….……….……… •• …….“…… •• …… •• …… •• …….“…… •• …….“…….“…… •• …… •• …… •• …… •• …… •• …… •• …… •• ….“.“…… •• …… •• …….“…….“…….“…… •• …… •• …….……… •• …… •• …….“…….“…….“…….“…….“…….“…….“…….“…….“…….“…….“…….“…….“…….“…….“…… •• …….“…….“…….“…….“…….“…….“…….“…… •• …….“…….“…… •• …… •• …… •• …… •• …….“…… •• … •• S잉.10띠l꾀JB없j괴1UOκ>;) .Jaq따100여1 uo미}끼!l뼈e히)a'H tTI

.“… •• ι“BfI씨\-:녕jO-S1찌q뼈융mpUBS뼈p따u뼈B'1 z"τT따 .τ I .. S~U띠l!씨̂'\B.JQ PUt‘B UO이!lBJ!JpadS ITI I

r'… •• … •• ….“… •• … •• … •• … •• ….….… •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• ….“… •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• … •• τZ JO 1 l.lud su(‘O!HpUO;) IupadS 1"1 I 경흉a :ON ~sn'B1:J

SLN:ilLNO:J

(;);)S) PU.llUO;) JO suoH!puO;) Iupads .A uOHJaS

.LNV7J NHMOJ 7VJιV)lHH.L NOW 0 O:JSJH.L / Á.LI:JnI.L:JH7.표wγ'N.LHIA

-~~ -:J:JS-A-

z:ç ........................................................... “”“ ...••..... “”“ ....•.......••.. “ .....•....•..... “'lU;}띠와n;)O.ld ff'Z"I Z:ç ......................................................................................................................... suo!l!uy;}C1 ZεTI

IÇ ................................................ pOμad UO!pn.llsuo:) 용upnp UO!P;}lO.ld IBlU;}WUO.l!Au';iI IfTI IÇ ...•..•......••.••.••......•••........•..•.•....•...................................................... u이lB.I;}dO lUawd!nb';iI OfTI oç ............................................................................................................................ dn-UB;}I:) 6Z.Z.I oç ............................................................................... s:;!U!PU!.!:{ IBa!:;!이O;}Bqa.lV pUB sHsso.!:{ 8ZTI oç .................................................................................................................... sIBμ따BW PIO L.ZTI oç ...................................................................................... …… ............. SIBμalBW paaBlds!w 9ZTI 6γ ..................................... ‘ .........•...•..•....•.............•..•..•..... S;}!l.lBd :;!UOWγ SUO!뼈;)!unwwo:) SZTI 617 .................................................................................................... 업때aawuo뼈u!p.lOO:) κTI

8γ .................................................................................................... 용띠띠밍l qOf-<:l밍-Uo n:Z:TI L17 ••.••....•••..••.....•........................................ 때S ltl í3띠띠tlll <:l:>rmU<:l띠tlw prm uo뺏l<:ldO z:’ SZ:TI 917 ............................................................................... S<:lS!wald S,lOl:>tlllUO;) ltl 융띠띠tlll I'SZ:TI 917 ............................................................................................. lauuos.lad NA';iI JO :;!U!UPUl fZ.Z"I

Ç17lU<:lWltl<:llll<:lltlA\. alStlA\. prm l!V p<:lss<:lld띠0;) ‘StlÐ uaí30lpÁH ‘laltl M paz!ltlla띠waG S'Z:Z:T 1 bγ ............................................................................................................ l3MOd 띠끄:>313: Z:'Z:Z:T 1 1717 ........................................................................... 깅<:lUOlS앓3Ul끄찌l객lπτ pUtl ‘낀I!O j껴asa윈!GpU따tl j3nd {"τZ:Z:T 1 1717 .............................................................. slsa.1 aaUBUl.loJ.l3d pUB un'M κlmqBUa'M ‘:;!U!UO!SS!W따0:)

.I0J .I!γ passaldwo:) pUB .IalBM. ‘.I3MOd appa1';iI ‘auolsawπ ‘I!O lasa!C1 pUB lan.!:{ ZZTI

.LNγ7JH3MOcl7γ'WH3H.L NOW 0 O:JSJ'i[J, / Á..LI:JnI.L:J'il7'il .wVN.üLμ

/

ηETNAM ELECTRICITY / TEPSCO o MON THERMAL POWER PLANT

1.1 Special Conditions Part 1 of 2

1.1.1 Specification and Drawings

Anything mentioned in the Specification but not shown on the Drawings in EVN’s Bid Documents, or vice-versa, shall be regarded as having been shown or mentioned in both. In case of differences between the Drawings and the Specification in Bid Documents, the Specification shall govem, except as otherwise directεd by EVN before the st따t of the Works affected by such differences. Should any conflict 따ise between the Specification and the Contractor’s Drawings, the Specification shall govem, except as, and only to the extent, determined or agreed to otherwise by EVN. If there is any discrepancy between Technical Specification and Drawing in EVN’s Bid Documents and the Contractor’s specifications or drawing proposed in Bidding Proposal, EVN’s Bid Documents shall govem unlεss otherwise clarified in Minutes of Meeting during the Contract negoti따ion. If there is any discrepancy between description in the Volume 2 (General Technical Provisions) and in the other volumes of Technical Specifications, the description in the other volumes of Technical Spεcification shall prevail.

1.1.2 Lands and Rights-of-Way

The lands which EVN deems necess따y for the proper and expeditious execution of the Works are shown on the plans and the same will be made available to the Contractor without charge. All other lands, easements and rights-of-way including rights-of-way pertaining to the sources of aggregates and borrowed materials, which the Contractor believes necess없y or desirable to have for the purpose of the W orks, shall be negotiated and/ or acquired by the Contractor and all costs incidental thereto shall be included in the pertinent lump sum Bid Prices.

EVN have executed the compensation for land acquisition and resettlement of the dwellers, the land formation by filling soil and sand up to GL 2.7 m, but up to GL 2.0 m only for the stripe along the Hau River. EVN have also executed thε grubbing and removing underground tree roots, housing foundations and mines for the whole Site area, and the construction of access road to the power station sitε.

Shou1d thεre be any delay in the W orks as a resu1t of furnishing the rights-of-way and other lands that EVN is obligated to make available to the Contractor, the Conditions of GCC Clause 40 Extension ofTime for Completion shall apply.

The Contractor shall be responsible for the maintenance and repair of damages arising as a result of his use of the final access road (approximatεly 320m in length from its intersection with the adjacent public road). The access road to the Site shall be constructed by EVN prior to the Effective Date of the Contract. All the access roads within the Power Station Site shall be constructed by the Contractor as the Permanent and Temporary Works.

V-SCC- 1

~/


The Contractor shall not obstruct any existing road or drainage or disturb existing structures and facilities on land furnished for construction p따pose unless and until given written permission by EVN.

1.1.3 Relation to Other Contractors

Notwithstanding the contents of GCC Sub-Clause 22.4, should EVN award other contracts for additional Works to any other person, firm, or corporation, the Contractor shall in no way interfere with or molest such person, firm or corporation, and suspend such part of the W orks herein specified, or shall c따η on the same in such a m따mer as may be ordered by EVN so as to afford all reasonable Contractor’s Equipment and other Temporaη Facilities for doing such Works. The Contractor shall not be entitled to a claim for damages or to 뻐y privileges or rights of the suspension to facilitate such Works subject to mutual agreement among EVN, EVN’s other contractor and the Contractor, except to 때 extension of the Time for Completion of this Contract, pursuant to GCC Clause 40 (Extension ofTime for Completion).

In this connection, the Contractor shall be notified the contractor engaged in Unit NO.l Contract (Unit No.l Contractor) is executing the works under Unit No.l Contract in adjacent area, and that the Contractor shall take the same precautions as statεd above for the Unit NO.l Contractor.

1.1.4 Removal of Contractor’s Equipinent and Temporary Facilities

Within a reasonable period of the satisfactory completion of the Performance Tests as certified by Provisional Acceptance Certificate, the Contractor shall remove, store or dispose of as may be directed by EVN, from the Site and other areas from which he operated, all buildings, rubbish, scraps, unused materials, storage tanks, tempor따y power transmission lines and all othεr Contractor’s Equipment and Temporary Facilitiεs which EVN dεems unnecessaηT for futurε use by EVN; fill and dress all holes and cavities made for his convenience.

Should the Contractor refuse or fail to perform this Services called for within such a reasonable period ofthe completion ofthe Performance Tests, EVN shall undertake the said Services at the expense of the Contractor.

The ownership of stored items including unused Equipment, Materials and scraps that have been delivered for Permanent W orks shall remain with EVN for its future use.

In case ofEVN requesting the Contractor to transfer some Temporary Facilities to EVN, the Contractor may agree and transfer such Facilities, provided that no additional service or work by, or cost to the Contractor and no additional Governmental procedure including customs clearance, is rεquired.

In case the Contractor removes any of the Contractor’ s Equipment and Temporary Facilities, the Contractor shall submit EVN a prior notice to do so.

V-SCC- 2

VIETNAM ELECTRICITY / TEPSCO o MON THERMAL POWER PLANT

1.1.5 Payment of Commission or Consideration

The Contractor hereby warrants that he or his representative has not offered or paid, directly or indirectly, to 뻐y government officer or EVN official or employee, any consideration or commission for the Contract nor has he or his representative exerted or utilized any corrupt or unlawful influence to secure or solicit this Contract for any consideration or commission for the Contract; and that if any cornmission is being paid to a private person, he shall disclose the name of said person and that any violation of this Warran양 shall constitute a sufficient ground for the rescission or cancellation of this Contract or the reduction from the Contract Price of the consideration or commission paid without prejudice to the filing of criminal action and other applicable laws against the Contractor and/or his representative and EVN official and employee.

1.1.6 Contract Preparation

The Contractor shall, when called upon to do so, execute the Contract. The reproduction and binding of twenty (20) copies of the Contract Documents required by EVN shall be supplied by the Contractor at his cost.

In the event that, following signing by the EVN and the Contractor, the Contract is not approved by the Government of the Socialist Republic of Vietn없n anψor by Japan International Cooperation Agency (J1CA), the Contract shall be invalidated and EVN shall not be held responsible for any liabiliη or cost incurred thereby.

1.1.7 Tax and Duties

The following shall apply to the related Clauses I portions of Volume 1 of the Bidding Documents.

A. Bid Price in the Bid Data Sheet on page 111 BDS-4

In 1TB 11 .4, the bid price will be instructed and regulated as follows:

1. Personal 1ncome Tax (P1T) shall be quoted and included in the bid price. Calculation of PIT will be in accordance with Circular NO.84/2008/TT-BTC dated September 30, 2008 and Circular No.62/2009/TT-BTC dated March 27, 2009 issued by the Ministry ofFinance.

2. Corporate Income Tax (CIT) and Value Added Tax (VAT) Quotation of C1T and VAT shall be compliant with guidance of Circular No. 134/2008/TT-BTC dated December 31 , 2008.

2.1 For Foreign Contractors who do not satisfy one ofthe conditions indicated in Point 1, Section 11 of Part B:

V-SCC- 3

o MON THERMAL POWER PLANT ηETNAM ELECTRICITY I TEPSCO

(i) The Contractor or Subcontractor has a permanεnt establishment in Vietnam or is a resident of Vietnam;

(ii) Duration oftrading in Vietnam on a main contract or subcontract basis is not less than 183 days from the effective date of such contract;

(iii) Vietnamese accounting system is applied by the Contractor.

In such case, the Foreign Contractor shall calculate VAT and CIT in proportion (%) to the revenue as instructed in Circular No. 134/2008/TT-BTC. EVN will pay directly VAT and CIT to Vietnam Tax Authority on behalf ofthe Contractor. In case the foreign Contractor employs Vietnamese subcontractor or forε19n subcontractor who applies the Vietnamese accounting system, all input V A T and CIT will be paid out of the price proposed by the Contractor being extracted from the contract price.

Also, the Contractor needs to pay attention to the following: • If the foreign main Contractor signs a subcontract for a p따t ofwork of

thε project with Vietnamese subcontractor or foreign subcontractor who pays V A T in tax credit method and CIT by Declaration of Revenue and Expense in order to calculate CIT -taxable income, the 없nount of revenue to be imposed on by V AT and CIT (pay directly by EVN to Vietnam Tax Authority on behalf of the Contractor) shall not include the amount of subcontract performed by the Vietnamese or foreign subcontractor.

• If the foreign subcontractor does not apply Vietnamese accounting system, the revenue to calculate CIT and VAT paid to Vietnam Tax Authority by EVN will bε the total amount of revenue in the contract signed between EVN and the Contractor including the amount of subcontract with the foreign subcontractor.

「

L

For the foreign Contractor who applies Vietnamese accounting system as per instruction in Item II, Part B of Circular 134/2008/TT-BTC, the bid price shal1 be quoted in the s없ne manner as Vietnamese bidder.

2.2

Import Tax - For equipment imported for the Project, the import tax is assumed to be

exempted during the bidding process. - The Import Tax shall not be imposed on equipment, machine, means of

transportation imported to Vietnam and re-exported (except cars or minibuses with less than 24 seats and cargo trucks equivalent to less-than-24-seat car or minibus). However, as for cars or minibuses with less than 24 seats and cargo trucks equivalent to less-than-24-seat car or minibus, the Import Tax has to be paid by the Contractor as per Vietnamese regulations and this tax will be included in the bid price.

- The Import Tax imposed on materials, imported construction equipment and equipment/materials that are procured in Vietnam but have an origin from foreign countries will also be included in the bid price in accordance with Vietnamese Law.

V-SCC- 4

3.

、t ! ; ‘


4. Other taxes, fees and charges Other taxes , fees and charges such as natural resource tax, land tax, special consuming tax and environment preservation fee, if required, shall bε proposed and included in the bid price. Bidders are required to study the laws and regulations to know the ratε for each kind of tax.

B. Bid Evaluation Procedure In addition to price adjustments as mentioned in the Bid Evaluation Procedure to determine the bid evaluated price, the bid evaluated price will also cover CIT, butnotVAT.

C. Pricing Schedule The Pricing Schedule is divided into two (2) cases with V A T and CIT separately and respectively: Case 1 for bidders who do not apply the Vietnamese accounting system and Case 2 for bidders who apply the Vietnamεse accounting system. The price quoting instruction related to V A T and CIT shall be the same as contents of Bid Data Sheet.

D. Special Conditions 01 Contract The contract price must conform to requirements in the Bid Data Sheet and the terms ofpayment shall be as follows:

PIT is included in Contract price, the Contractor is required to do his obligation ofPIT payment as Vietnamese laws. V AT and CIT payment will be performed for 2 cases: • If the foreign contractor does not apply the accounting system of Vietnam,

EVN w il1 pay V AT and CIT directly to Vietnam Tax Authority on behalf of the Contractor and these amounts shall be deducted from the contract price. However, the input VAT and CIT imposed on the local subcontractors shall be paid by the Contractor himself from the contraεt price.

• If the foreign Contractor applies the accounting system of Vietnam, the Contractor shall make book-keeping adequately and perform his obligations of all required tax payments. EVN sh려1 pay amounts of tax of each partially performed works when receiving satisfactory payment documents including contract, acceptance document of performed work, statement of performance, etc. and invoices issued by the Ministry of Finance.

Import Tax • EVN will give support to the Contractor in customs procedures for free

import tax on the associated equipment that cannot be manufactured in Vietnam. In case tax is required to bε paid by the border customs, the Contractor has to notify EVN of such information within three (3) days of rεceipt of notice for getting cooperation of solving. If the deadline for tax payment comes while procedure has not yet been settled, the Contractor shall pay the required tax to the tax organization in order to release the goods. This tax will be reimbursed by EVN to the Contractor within 28 days of the Contractor’s submission of the receipt of taxpaying.

V-SCC- 5


• As to machinery, equipment, transportation means which are entitled to be imported to Vietnam without import tax being paid but to be re-exported with free import tax, the Contractor will pay import tax and special consuming tax in accordance with Vietnamese laws for importing such equipment and means. Such tax will, however, be paid back to the Contractor when re-exportation. Rate for tax re-paying and procedures shall be conducted as per Circular No.05/2009/TT-BTC dated January 13, 2009 and Circular 79/2009/TT-BTC dated April 20, 2009 issued by the Ministry ofFinancε.

Other taxes, fees and charges such as natural resource tax, land tax, spεcial consuming tax and environment preservation fee ... (if required): the Contractor is required to do his obligation in accordance with Vietnamese laws ..

E. As set forth in Circular 134/2008/TT-BTC, in case of the Contract specifying the supply of machinery and equipment accompanied by services of installation, training, operation and commissioning, the V A T for importation shall be imposed on the machinery and equipment as required by law and the value added rate of 30 % on taxable turnover shall be imposed on the services.

F‘ Other related clauses that need to be revised The following clauses will be affected due to the above modifications and therefore, shall be revised accordingly: (1) Pages II-ITB-15 , 16, 17 & 18 ITB Sub-Clause 11. 1 shall be amended as per

Attachment No. l. (2) Pages II-ITB-21 & 22 ITB Sub-Clause 11.4 shall be read as the above 닝.

Bid Price in Bid Data Sheet, Item 11 Duty and Tax Clauses“ ‘ (3) Page IV-GCC-32 GCC Sub-Clause 12.8 shall be amendεd as per

Attachment No.3. (4) Page II-ITB-37 ITB Sub-Clause 25.3 shall bε amεnded as pεr Attachment

No.2. (5) Page IV -GCC-37 GCC Sub-Clause 14.2 shall be amended as per Attachment

No3. (6) Page VII-FP-3-Al-4 Item 6 of Appendix 1 in Section VII Forms and

Procedures shall be read as the above ''A. Bid Price in Bid Data Sheet‘ 1tem 11 Duty and tax clauses in Volume ]".

In addition, any other clauses or sub-clauses in the Bid Documents related to the revised duty and tax clauses above but not mentioned here shall be understood by the Bidder in the same manner as this SCC Sub-Clause 11.7.

V-SCC- 6


Attachment No.l .

11.1 General

All prices quoted in F oreign Currency and in Local Currency shall be fixed and firm, and accordingly shall not be subject to any price escalation/adjustment, other than as expressly stated in this Contract. Any risk of price increase/decrease during the implementation of the Contract should be taken into account by the Bidder/Contractor and included in his Bid/Contract Prices.

The Bidder shall complete the appropriate Pricing Schedules included herein Volume 14, stating the unit prices and total Bid prices of the Works, consisting of Equipment, Materials and Services to be executed and supplied under the Contract.

The Bid Price figured in Pricing Schedules completed and submitted as the Bid by the Bidders shall be eval없ted as all the costs required for the whole ofthe Works.

All substantially responsive Bids shall be checked for arithmetical eπors by EVN. Arithmetical errors will be rectified in thε following m없mer:

a) if there is a discrepancy between ηped figure and hand written figure, the latter shall prevail,

b) if there is a discrepancy between words and figures, the amount in words will prevail,

c) if there is a discrepancy between total bid price and total price of each item, the latter shall prevail,

d) if there is a discrepancy between unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected,

e) if the total price of an item is filled in but there is no unit price for such an item, the unit price shall be obtained by dividing the total price into quantity,

f) if there is an unit price but no total price for an item, such total pricε shall be obtained by multiplying the unit price and quantity,

g) if there is a mistakε of confusing the comma and the full stop standing for thousand unit, this mistake may be allowed to be corrected since it is confirmed a reasonable mistake.

Total Bid Price stated in the Bid shall be corrected by EVN in conformiη with the above principles. The corrected total Bid Price shall be noticed to thε Bidder for

V-SCC-7


confirmation, and if the Bidder agrees to the corrected total Bid Price, it shall be bound to the Bidder. If the Biddεr does not accept the correction of the errors, its Bid will be rejected and his Bid Bond will be forfeited. Costs for the W orks of which Price Items are not shown in the Pricing Schedules shall be included in the Price Items in proportion to the relevant amounts, in the following m없mer.

(i) Costs to be included in the Price for Equipment and Materials price (FOB price) of Overseas Manufacture

• The Temporary Works in overseas countries (except those itemized in the Pricing Schedules)

• The Construction Equipment to be imported in and re-exported from Vietnam

• Management Cost in overseas countries • Bonds • Insurance (except marine cargo insurance itemized in the Pricing Schedules) • Financial costs • Currency exchange rate risk • Price escalationladjustment risk • Taxes and duties to be bome by the Contractor in overseas countries, and

PIT and V A T imposed on subcontractors and local procurement in Vietnam. Tests to be done by the Contractor in overseas countries (except EVNlNominee attendance cost and tests in Vietnam itemized in the Pricing Schedules)

• Company overhead of the Bidder/Subcontractors in overseas countries • Any other miscellaneous and risk costs in overseas countries

(ii) Costs to be included in the Price for Ex-Works Price ofLocal Manufacture in the Pricing Schedules

• Company overhead ofthe Subcontractors in Vietnam • Price escalationladjustment risk

(iii) Costs to be included in the Price for the Construction (Site Works) and Other Services in the Pricing Schedules

• The Temporary Works in Vietnam (except those itemized in the Pricing Schedules)

• Management Costs in Vietnam • Inspection for Final Acceptance • Price escalationla ‘justment risks for the Construction and Other Services • Any othεr miscellaneous and risk costs in Vietnam

As stipulated in GCC Clause 14, all taxes, duties and other levies payable to be imposed on the Contract Price under the Contract, or any othεr cause, as of thε date

V-SCC- 8


twenty eight (28) days prior to the Deadline for Submission of the Bids shall be included in the total Bid Price submitted by the Bidder, but separately quoted and categorized in the Summaη of the Pricing Schedules, Volume 14 of the Bidding Documents. Breakdown and calculation of taxes and duties shall be attached to the Bid. The Bidders shall be familiar with the tax law and regulations in Vietnam to incorporate and quote sufficiεntly and correctly all applicable tax categories and rates that are effective as of the date twenty eight (28) days prior to the Deadline for Submission ofthe Bids. The Corporate Income Tax (CIT) and Value Added Tax (VAT) imposed on Foreign Subcontracts who applies the Vietnamese accounting system, Vietnamese Subcontract and Subcontractor’ s procurement in Vietnam shall be reimbursed. The Contractor shall include such CIT and V A T in relevant item of works in the Pricing Schedule.

The Bidders are requested completely to fi11 in all spaces in the Pricing Schedules in Volume 14, using one ofthe following options as applicable:

. Indicate a price in figures

. Indicate a note “This Price is included in Price Item No. "

. Indicate a note “Not applicable".

V-SCC- 9


Attachment No.2

25.3 In EVN ’s evaluation of a Bid, will be taken into consideration, in addition to the Bid Prices indicated in Price Schedule Nos. 14.2 through 14.13, the following costs and factors that will be added or deducted to each Bidder’s Bid Price in the evaluation using pricing information available to EVN, in the manner and to the extent indicated in ITB Sub-Clause 25.5 and in the Technical Specifications:

(a) the Bid Price shall be adjusted due to the rejectionl withdrawal of the Bidder’s proposed deviation items as in Attachment 6 based on the Bidder’s proposed additional price as specified in ITB Item 9.4(g) and Sub-Clause 11.2;

(b) compliance with the W ork schedule called for in the corresponding Appendix 4 (Time Schedule) to the Form of Contract Agreement and evidenced as needed in a key dates of work schedule provided in the Bid;

(c) the projected operating and maintenance costs during the life ofthe Facilities;

(d) the functional guarantees of the facilities offered;

(e) the extra cost of work, services, facilities, etc., required to be provided by EVN or third parties;

(f) Corporate Income Tax (CIT) imposed on the Contract Price

(g) any other relevant factors listed in BDS.

πle estimated effect of the price adjustment provisions of the conditions of Contract, applied over the period of execution of the Contract, shall not be taken into consideration in Bid evaluation.

V-SCC- 10

VlETNAM ELECTRlCITY / TEPSCO o MON THERMAL POWER PLANT

Attachment N 0.3

The contract price must conform to requirements in the Bid Data Sheet and the terms of payment shall be as follows:

PIT is included in Contract price, the Contractor is required to do his obligation ofPIT payment as Vietnamese laws.

- V AT and CIT payment wil1 be performed for 2 cases: • If the foreign contractor does not apply the accounting system of Vietnam,

EVN will pay V AT and CIT directly to Vietnam Tax Authority on behalf of the Contractor and these amounts sha11 be deducted from the contract price. However, the input V AT and CIT imposed on the local subcontractors shall be paid by the Contractor himself from the contract price.

• If the foreign Contractor applies the accounting system of Vietnam, the Contractor shall make book-keeping adequately and perform his obligations of all required tax payments. EVN shall pay amounts of tax of each partially performed works when receiving satisfactory payment documents including contract, acceptance document of performεd work, statement of performance, etc. and invoices issued by the Ministη ofFinance.

- Import Tax • EVN 뼈11 give support to the Contractor in customs procedures for free

import tax on the associated equipment that c없mot be manufactured in Vietnam. In case tax is required to be paid by the border customs, the Contractor has to notify EVN of such information within three (3) days of receipt of notice for ge다ing cooperation of solving. If the deadline for tax payment comes while procedure has not yet been settled, the Contractor shall pay the required tax to the tax organization in order to release the goods. This tax wi11 be reimbursed by EVN to the Contractor within 28 days of the Contractor’s submission of thε receipt of taxpaying.

• Related to machinery, equipment, transportation means imported to Vietnam but to be re-exported with free import tax, the Contractor will pay import tax and special consuming tax in accordance with Vietnamesε laws for importing such equipment and means. Such tax wi11 be paid back to the Contractor when re-exportation. Rate for tax re-paying and procedures sh밍1 be conducted as per Circular No.05/2009/TT-BTC dated Januaη 13, 2009 and Circular 79/2009/TT -BTC dated April 20, 2009 issued by the Ministry of Finance.

• For imported materials, construction machines and materials/equipment procured in Vietnam, the Contractor himself shall declare and pay tax for these materials and equipment.

Other taxes, fees and charges such as natural resource tax, land tax, special consuming tax and environment prεservation fee ... (if required): the Contractor is required to do his obligation in accordance with Vietnamese laws ..

V-SCC- 11

'_“ 、~、?、


1.2 Special Conditions Part 2 of 2

1.2.1 Location and Brief Description of the Project

The Scope of the Facilities and Location of thε Site is indicated in Articles 2 and 3 of Appendix 6 (Scope of Works) to the Contract Agreement.

The Contract Period and Time for Completion for the whole of the Works of Power Station (except the W orks for Warranty Period) are thi따T five (35) months from the Effective Date of the Contract to the completion date of Performance Tεst certified by the Provisional Acceptance Certificate.

Access to the Site will be gained by land through thε existing access road around 4.4km length offRoute 91 and by water via the Hau River.

1.2.2 찌T orks to be Carried Out

The Scope of W orks is indicated in Appendix 6 (Scope of Works) to the Contract Agreement in Section VII.

Unless stated specifically to the contraη by the Contractor with full supporting explanations, the Contractor shall validate the design and layout of the Works as being sufficient to ensure reliability, safeη in operation, freedom from undue stresses and satisfactory performance in all other essentials as a working plant.

The Contractor shall also provide all other related Equipment, Materials and Services not specifically mentioned in the Specification but deemed necessaη to complete the W orks so as to be ready for commercial operation in accordancε with the intent of the Contract. It is understood that all costs pertinent thereto are included in the Pricing Schedules.

1.2.3 Bid Drawings

The drawings contained in Volume 11 - Bid Drawings shall be utilized for Bidding purposes only.

They are not considered as necεssarily dεfining the design of the Equipment to be furnished and therefore shall not be used for manufacturing and construction purposes, but are merely illustrative to show the general layout of the Equipment, except where limiting or mandatory dimensions and elevations are indicated.

V-SCC- 12

VIETNAM ELECTR1CITY / TEPSCO o MON THERMAL POWER PLANT

In the case of the process diagrams included in Volume 11 - Bid Drawings, these represent the basic minimum requirements. As such the Contract must comply with this minimum requirement and must add on those items what other sections of the Specification would rεquire and are necessary to make the system operate properly and safely.

The Works shall be executed in accordance with the detailed design drawings prepared by the Contractor and approved by EVN.

1.2.4 Contractor’s Drawings, Documents, Data and Instructions

1.2.4.1 General

The Contractor shall submit to EVN for approval or reference, drawings, plans, erection procedures, calculations, codes and standards, operation and maintenance manuals and all other documents necessaη for executing the Facilities in accordance with the conditions of the Contract. The sequence of submission shall be such that information is available for review or approval of each drawing or document when it is received.

πle scope of these documents to be submitted shall include, but not be limited to those specified and shall be sufficiently comprehensive to fully establish that all parts and procedures to be used for executing the Facilities comply with the objectives of the Contract. EVN shall have the right to require the Contractor to submit such additional information as may reasonably be required.

The drawing and document lists summarizing all existing and proposed drawings and documents of items intended for submission to EVN shall be updated monthly to show the status of the dra뼈ngs and documents submitted and any additional proposed drawings. These lists shall be providεd to EVN on a CD in accordance with the format and so효ware agreed with EVN.

The Contractor shall provide such information to EVN using pεrsonal computer software as agreed by EVN. Transmission of data can be effected using CD.

To provide the basis for progr없nming the checking of the Contractor’s drawings, the Contractor shall, within twenty eight (28) days of the Effective Date of the Contract, prepare and submit to EVN for approval a schedule of drawings he proposes to submit in accordance with the requirements of SCC Sub-Clause 1.2.4 .2 below, together with the dates on which he proposes to submit such drawings.

Any manufacturing, tεst， construction of the Equipment and any particular structure or portion thereof prior to the approval of drawings pertinent thereto shall be at the Contractor’s risk. The Contractor shall be responsible for any extra cost that may arise in consequence to such risks.

V-SCC- 13


When submitting drawings for approval, including thosε preparεd by a Subcontractor, the Contractor shall certify that he has 며lly examined such drawings and that they comply with the requirements ofthe Contract.

The Contractor shall be responsible for any discrepancies, errors, or omissions in the drawings and other particulars supplied by him whether such drawings and particulars have been approved by EVN or not, provided that such discrepancies, eπors or omissions are not due to inaccurate information or particulars furnished in writing to the Contractor by EVN.

EVN shall have the right to require the Contractor to make any changes to the drawings which may be necess따y， to make the Works conform to the requirements of the Contract.

Revisions shall be designated 0, A, B, C, etc., commencing with the first issue until a dra찌야19 is “ Approved". The subsequent issue of “ Approved" drawings and any revised issues of such drawings shall bear the revisions 1, 2, 3, etc.

All revisions shall be clearly described in the revision column and be indicated on the drawing by means of a triangle bearing the revision number.

All data and information to be submitted shal1 be in the English language and all drawings shall be drawn using the S1 system of measurεments.

All approved drawings, documents and Specifications shall form part of the Contract. Approval of the Contractor’s drawings shall not be construed to mean relieving the Contractor of any of his responsibility for the correctness of his calcu1ations and dra\\따19S nor for the strict compliance with the Contract Documents.

Every drawing sha11 c따ηr a title block with the Contract Number and a space shall be made in the title block for incorporating the Project Drawing Number. The first lines of the title block shall read:

o MON THERMAL POWER PLANT, Unit No. 2 CONSTRUCT10N PROJECT

CONTRACT NO.

Where applicable, drawings shall show a graphic scale key plan and north arrow. Lettering, notes and title block shall be in the English language and the 1SO Dimension. Dates on drawings shall be spelled out e.g. 28 Dec. 2001.

Drawings shall include all data and information regarding design, construction, material, performance, erection, testing, operation and maintenance. Such data and information shall be appropriate and reasonable for erection, operation and maintenance of the equipment and systems. Drawings that do not satisfy such requirements will not be approved by EVN.

V-SCC- 14


All drawings and documents shall be logically prepared and clear and legible. Unclear and illegible drawings and documents shall not be deemed as officially submitted.

1.2.4.2 Drawings , Documents and Data

Pursuant to Appendix 7 (List of Documents for Approval or Review) to the Contract Agreement and GCC Sub-Clause 20.3 .1, the Contractor shall prepare and submit to EVN for approval or reference, drawings and technical dataJdocuments including but not limited to the following:

(a) Codes and Standards

The Contractor shall, within twenty eight (28) days of the Effective Date of the Contract, submit for the approval of EVN a list of the Codes and Standards, or P없ts thereof, which shall govem the design, manufacture, shop tests, shipping, delivering, construction, commissioning, reliabiliη run and Performance Tests of the Equipment.

(b) General Arrangement Plans for Equipment

These plans and layouts should indicate the relative locations of each p따t of the Equipment, including the outline dimensions and sizes of the same.

The Contractor shall, within three (3) months ofthe Effective Date ofthe Contract, submit for approval the above plans and layouts which shall not substantially deviate from those included in the Bid Document.

Within five (5) months of the Effective Date of the Contract, the Contractor shall submit for approval the general 따rangement plans of the Equipment incorporating all the scope ofthe Works.

(c) General and Detailed Drawings and Specifications for Equipmεnt

The Contractor shall start, for EVN approval, submission of General Drawings of the Equipment after one (1) month from the Effective Date ofthe Contract which shall not substantially deviate from those included in the Bid Document, and Detailed Drawings at the latest three (3) months before proceeding with the manufacture of the Equipment.

The Contractor shall submit for approval the designs, design computations, detailed specifications, general assembly drawings, system drawings (flow diagrams), and sufficient sub-assembly drawings, piping and instrumentation diagrams, controllogic and wiring diagrams and details to demonstrate fully that all paπs will conform to the conditions and intent of the Specification and to the requirements of their construction. The drawings shall show all necess따y

v-SCC- 15

VlETNAM ELECTRICITY / TEPSCO o MON THERMAL POWER PLANT

dimensions and tolerances, field joints, and sub-assemblies in which the Equipment will be shipped, terminal boxes and wire sizes for electrical circuits, wiring and schematic diagrams for power and control circuits, and logic and loop diagrams for process control and protection functions.

Formats and symbols for electrical drawings, piping and instrument drawings, modulating control functional and logic diagrams shall be standardized for al1 the Equipment systems under the Contract and shall be subjεctto EVN’s approval.

The Contractor shall, after one (1) month from the Effective Date of the Contract, st따t submission of the above requirements, which shall not substantially deviate from those included in the Bid Document.

(d) General and Detailed Design Drawings for Civil and Architectural Seπlces.

The above drawings shall indicate, besides relevant calculations and instructions, all data necessary for the design of supporting structures such as dimensions, weights, loads and stresses under operating conditions, dimensions and weights for instal1ation, assembly and maintenance.

In addition, these drawings shall indicate al1 necessaη details such as piling, foundations, anchors, tie rods, trenches for cables and pipes, supports and any other data used in the design of Civil Works.

The structures shall not substantially differ from those shown in the drawings enclosed in the Bid Document.

The Contractor shall submit for approval, in accordance with the Agreed Time Bar Diagram and Agreed Critical Path Network, the above drawings at the latest one (1) month prior to the start of relevant construction.

(ε) Working Plan

In accordance with GCC Clause 18, the Contractor shall submit for approval a W ork Program within twenty eight (28) days of the Effective Date of the Contract. The Work Program shal1 include the, working system, tempor따y yard instal1ation, construction method, overall construction schεdule， a list of Contractor’ s Equipment / Temporary Facilities to bε used, etc. which shall be linked to Agreed Work Schedule stated in SCC Sub-Clause 1.2.9. 1. The Contractor shall also submit organization chart within twenty one (21) days of Eff(εctivε Date, showing the proposed organization, identity of key personnel together with curriculum vitae as stated in GCC Sub-Clause 18.1.

(f) Progress Rεport

(i) Monthly Reports

v-SCC- 16


The Contractor shall submit to EVN on the seventh (7th) day of every month a written detailed progress report, in an approved form, indicating the stagε reached and anticipated completion dates for the design, ordering, procurement, manufacture, delivery, erection and testing ofthe components. The report is to be forwarded promptly so that on receipt by EVN the information is not unduly out of date.

(ii) Weekly Summary Report

The Project Manager of the Contractor shall also prepare a weekly summary report covering all the Site activities and submit it to EVN. This report shall include projected Work activities for at least 2 weeks ahead of those being reported upon.

(g) Photographs

From the commencement of manufacturing Services, the Contractor shall provide digital colour photographs of the Equipment and Materials. These photographs shall indicate relevant progress and shall be included in the appropriate monthly report. Each photographic print shall not be less than A5 size and shall bear a printed description, a serial number and the date when taken. Descriptions shall be in English.

Additionally, as required by EVN, the Contractor shall provide a number of digital colour photographs selected from the above for submission with each copy of the monthly progress report.

The Contractor shall also provide, as required by EVN, further colour photographs of the Works to record or illustrate specific events. These shall be of the s없ne size as the above and shall bear similar printed descriptions.

The digital disks of all photographs shall be held by the Contractor. They shall be numbered and handed over to EVN at the Time for Completion of the Contract or as requested by EVN as part ofthe Project Records.

All photographic materials shall be fresh, high quality, intemationally available brands as approved by EVN. Digital disks for normal progress recording shall be compact disk ROM. Print papers for normal progress recording shall be glossy, double weight. For special presentation photographs for major events and at completion of the major portions of the Works, EVN may require that standard size of compact disk ROM and prints be on papers up to 900 x 600 mm. Photographic equipment shall be of high quality, professional standard.

V-SCC- 17


The Contractor shall also take a colour video for major design, manufacturing, construction, commissioning and testing activitiεs including major project events, and shall submit a dra:ft colour video for the approval of EVN and hand over a two-hour colour video to EVN at the Time for Completion. The videotape shall include narration in both English and Vietnamese and shall be utilized to demonstrate techniques of manufacturing, construction to explain aspects of the design of the W orks. Before shooting paπs of the video, the Contractor shall submit his proposals for thε approval of EVN.

(h) Test Procedures and Reports on Test Results

The Contractor shall submit to EVN comprehensive test procedures/programs three (3) months prior to the start ofthe actual tests ofEquipment.

The procedures shall be complete in every detail, including but not limited to descriptive sections on the test activities to be performed, preparatory works required, extent of test and instrumentation to be employed, location of measuring points, calibration method employed for each of the test insπuments， time duration and manpower requirement, methods of calculationlanalysis of test results including formulas used and format for presentation of data/results.

The Contractor shall submit reports or test results upon completion of the tests carried out in accordance with the Specification including those in the manufacturer’s Services.

(i) Correction Curvεs for Performance and Efficiency Tests.

The Bidder shall submit with his Bid all correction c따ves applicable to 피s tested power plant equipment and shall clearly indicate the conditions of guarantee.

G) Dεsign Documents, Operation and Maintenance Manuals

The Contractor shall submit design documents, operation and maintenance manuals in accordance with the conditions stipulated in Clause 2.1.7 in Volume 2.

(k) Number of copies ofDrawings, Documents and Othεr T echnical Data.

Print of drawings, documents and other technical data shall be of quality durable for long term storage without fading.

The number of copies of drawings, documents and other technical data to be submitted shall be as stipulated hereunder:

Type ofDrawing/ Documents

Printsl 다핀탤

V-SCC- 18


(i) Schedule of Drawings 6

(ii) Approval Drawings 6

(iii) Reference Drawings 4

(iv) Final (Approved) Drawings 5

(v) Final (Approved) Technical Data Sheet 5

(vi) As-built Drawings 4

(vii) Working Plans 4

(viii) Approval Calculations, Curves, etc. 6

(ix) Tεst Procedures including Quality Assurance Plan and Procedures Manual 6

(x) General and Detailed Specifications of Equipment and Materials 6

(xi) Reports on Test Results 4

(xii) Draft ManualslInstructions 5

(xiii) ManualslInstructions 12

(xiv) Standards and Codes 2

(xv) Monthly Report 4

(xvi) Weekly Summaη Report 4

v-SCC- 19


(xvii) Photographs (set)

1.2.4.3 Processin !2: ofDrawin !2:s

(a) Six (6) copies of prints with dark lines on a white background shall be furnished of each drawing submitted for approval or reference. One (1) print will be returned to the Contractor within reasonable time (at least six (6) weeks) of receipt by EVN marked "Approved", or "Approved With Corrections Indicated", or "Not Approved". Prints marked "Approved" or "Approved With Corrections Indicated" authorize the Contractor to proceed with construction or fabrication of the Equipment and Materials shown on the drawings, with corrections, if any, indicated thereon.

、~ \

(b) Upon receipt of prints that have been "Approved", thε Contractor shall furnish EVN without delay (따 least within four (4) weeks) five (5) prints of each dra째ng.

If minor revisions are made after a drawing has been approved, the Contractor shall furnish EVN five (5) prints subsequent to each revision. No major revision affecting the design shall be made, after a drawing has been "Approved" without resubmitting the drawing for formal approval.

To facilitate the issue and understanding of drawings by EVN, the Contractor shall develop the intermediate and fmal stage drawings on 없 Auto CAD system or appropriate electronic files approved by EVN with copies available on disc and hard copy. Vietnamese translation may then be added by EVN personnel following close consultation with EVN and the Contractor.

(c) When prints or drawings have been marked "Approved With Corrections Indicated" , or "Not Approved", the Contractor shall make the necess따y

corrections and resubmit six (6) copies for approval. Every revision shall be shown by number, date and subject in a revision block. In addition, each revised drawing shall have its latest revision clearly indicated.

\ 、 -

1.2.4.4 As-Built Drawimrs

The Contractor shall provide and keep up-to-date "As-Built" drawings of all structures constructed, and all Equipment, accessories and miscellaneous metal works erected or installed. These drawings shall show all changes and revisions from the original drawings and specification, including the exact "as-built" locations, sizes and kinds of Equipment and accessories, miscellaneous metal works, embedded piping and electrical systems and other concealed items.

These drawings shall be kept in the Contractor’s field office but shall be made available at all times for review by EVN. At the end of every month, all entries, changes or revisions made in the drawings by the Contractor shall be checked and approved by EVN.

V-SCC- 20

、)

、‘、~


Upon the Time for Completion, the Contractor shall provide EVN the complete sets of the duly checked and approved As-Built Drawings in volume stipulated in SCC Clause 1.2.4.2 above.

1.2.4 .5 Record Drawings

Upon the Time for Completion, the Contractor shall provide EVN the complete sets of the As-Built Drawings with Auto CAD system disk or appropriate electronic files approved by EVN.

1.2.4.6 0ualitv Svstem

(a) Qua1ity System Standard

The Contractor sha11 have a Quality System that complies with the req띠rements of ISO 9001.

Where the Contractor’s Quality System is based upon a comparable National Standard, it shall be the responsibility of the Contractor to demonstratε that the system offered meets the specified requirements.

(b) Qua1iη Assurance Program and Procedure Manual

The Contractor shall develop and implement a Quality Assurance Program to ISO 9001 in relation to the W orks within the Contractor’s scope ofrεsponsibiliη. Such program sha11 be described in the Quality Assurance Plan developed by the Contractor.

The Quality Assurance Plan shall be submitted to EVN for approva1 within twerrη eight (28) days of the Effective Date of the Contract. The Quality Assurance Plan shall encompass the design, procurement and manufacture, construction, erection, testing and commissioning ofthe Equipment and its components.

The Quality Assurance Procedure Manua1 sha11 be submitted to EVN for approval one (1) month after the issuance of the Qua1ity Assurance Plan. This manua1 should describe in detail the implementation of the Quality Assurance Plan for the Contractor’s scope.

(c) Audit and Surveillance

Subsequent to the Effective Date of the Contract and until the Time for Completion of the Works, the Contractor's Quality System may be subject to periodic audit anψor surveillance by EVN.

EVN or its designated representative shall have the right at any time to audit or survey the Contractor’s implementation of the Quality Assurance Plan and Quality

v-SCC- 21

\ 、、)


Assurance Procedure Manual, both at the Site and at the point of origin of Materials, Equipment and Seπices. Such audit and surveillance activities shall be performed in a m없mer that will not duly interfere with the normal and orderly progr없n of the Works. The Project Manager, or other representative of the Contractor as occasion demands, will be invited to attend such activities. The Contractor shall arrange access to the Subcontractor’s works and condition of appropriate facilities for audits, surveillance or verification activities.

The minimum notice required to be given to the Contractor for organization of an audit will be one (1) month and for a surveillance two (2) weeks.

Non-conformances which are identified during an audit or surveillance will be notified by the issue of Corrective Action Requests (CARs)lNon-conformance Reports (NCRs).

(d) InductionlTraining in the Contractor’s Quality System

Prior to the commencement of any W ork under the Contract, the Contractor shall provide appropriate inductionltraining in the operation of its Quality System at Site to EVN. Such inductionltraining shall provide an overview of the Contract Specific Quality Assurance Plan including explanation of the p따pose and use of appropriate forms and check sheets to be used by the Contractor in relation to the W orks under the Contract.

( e) Quality Documentation

Quality documents to be supplied with the Bid shall be:

(i) Company Quality Manual; (ii) Contractor/Subcontractor Quality System Questionnaire; and (iii) A representative Quality Assurance Plan for a similar project.

(f) Quality Assurance Plan

Quality Assurance Plan as stated above item (b) shall be prepared by the Contractor and submitted to EVN within twenty eight (28) days of the Effective Date ofthe Contract.

The Contract Quality Assurancε Plan is a Contract spεcific documεnt covering the scope ofthe Works and shall contain but not be limited to the following:

(i) Description of the scope of the plan.

(ii) Design plan.

(iii) Design, manufacturing, construction, commissioning and test programs.

v-SCC- 22

」;;신‘ \.τl

The Contractor shall maintain a system of records, which provide 0비ective ，，;<썽 evidence th없 the requirements of the Contract have been met. The Contractor.::.:파/ shall ensure that Subcontractor’s records pertinent to the Contract are included in his system.


(iv) Contractor’s organizational structure for the Works.

(v) Outline of each applicable quality element with cross-referencing of relevant documεnted procedures and instructions.

(vi) An index of:

a. existing procedures b. procedure(s) requiring documentation c. Inspection and Test Plans d. drawings

(g) Hold and Witness Points

The Contractor shall nominate on his Time Bar Program any hold and witness points which he considers are required.

A hold point is a position in the design, manufacture, construction and commissioning phases of the Contract beyond which the W orks shall not proceed without mandatory verification and acceptance by EVN.

A witness point is a position in the design, manufacturing, construction and commissioning phases of the Contract where the option of attendance may be exercised by EVN.

Following submission of the progr때1 to EVN, hold and witness points required by EVN shall be marked up on the progr없1 and returnεd to the Contractor who shall incorporate thεse into the program.

、

(h) Non-conformance/Corrective Action

The Contractor shall report EVN of any non-conformances found by the Contractor and/or advised by EVN, and rectifying method proposed by the Contractor or formally agreed to by both the Contractor and EVN.

Formal records shall be maintained by the Contractor of all non-conformances as well as their disposition and/or corrective / preventive action taken.

、” ” / t l

、Quality Records

V-SCC- 23

\


All applicable records shall be available for audit and review by EVN during the duration ofthe Contract and for seven years after take-over by the EVN.

1.2.5 Work Schedule and Key Dates and Periods

1.2.5.1 '̂ T ork Schedule

With reference to Appendix 4 (Time Schedule) to the Contract Agreement and the W ork Schedule (a Critical Path Network and a Time Bar Diagram) submitted with the Bid Proposal as mentioned in SCC Sub-Clause 1.2.9.1 , indicating the Key Dates for the Works mainly as stated in Sub-Clause 2.1.1 .4 in Volume 2 and the contractual Key Dates below. They are fixed through the Contract Negotiation and included in the Contract.

The Time for Completion and Contract Period of the Works reckoned from the Effective Date of the Contract up to the date of satisfactory completion of Performance Tests, certified by Provisional Acceptance Certificate issued by EVN, shall be as stated hereunder and in the Contract Agreement. The Contract Period is thiπy five (35) months.

The Contractor shall report EVN continuously and correctly the situation of W ork progress.

The Contractor shall keep, with all its might, the Agreed W ork Sch려ule set as the Critical Path Network and Time Bar Diagram in Appendix 4 (Time Sched띠e) to the Contract Agreement and shall report monthly the actual W ork progress comparing with the Agreed W ork Schedule at least. In case pr명ress of some p따t of the W orks is delayed or considered to delay, the Contractor shall immediately report EVN the cause and countermeasures to recover and keep the W ork Schedule and make all required countermeasure, subject to agreement and instruction of EVN. In case the Contractor does not keep reporting and carrying out recoveη works in such way sincerely, EVN always keep the right to make contractual countermeasure to the Contractor.

1.2.5.2 Kev Dates and Periods

The following are considered contractual key dates and periods in the execution of the W orks. The Contractor shall submit the Construction Schεdule in accordance with Clause 2. 1.1.4 in Volume 2, taking the following contractual key datεs and periods into considerat디lOn.

(a) Effective Date of Contract

The Effective Date of Contract shall be the date when EVN issues and the Contractor receives the letter of Notice of Award for information of the Vietnamese Government ’s approval and JICA ’s conc따rence on the Contract and instruction of the effectiveness of Contract. Thε Effective Date of Contract shall

v-SCC- 24

o MON THERMAL POWER PLANT VIETNAM ELECTRICITY / TEPSCO

be the date of Commencement of the W orks and the first date of the Contract Period. (Refer GCC Sub-Clause 1.1 (13))

Kick -Off Meeting

As stipulated in GCC Sub-Clause 8.1 , the Kick-OffMeeting shall be held within fifteen (1 5) days of the Effective Date of the Contract.

비

/ j l ‘ 、

Performance Security Submission

As stipulated in GCC Sub-Clause 13.3, the Contractor shall submit EVN the Performance Sec따iη within twenty eight (28) days of Notification of Contract Award.

(c)

Date of Completion of Site Offices for EVN and Consultant: Not applicable. (d)

Dates of Submission ofDetailed Design.

The Services of Detailed Design for Manufacturing of the Equipment and Materials shall be started immediately after the Effective Date of the Contract, and shall be submirted at the latest three (3) months before manufacturing of the relevant Equipment and Materials as set forth in SCC Sub-Clause 1.2.4.2 (c).

비 ” /

1 ·‘ 、

The Detailed Design of civil and architectural works shall be submirted at the latest one (1) month prior to st따t of relevant construction as stipulated in SCC Clause 1.2.4.2 (d).

Date of Completion of Workshop Fabrication and Shop Test.

A l1 Equipment itεms to be fabricated at the workshops shall have been completely fabricated, tested as required and shipped to the Site.

m

f 、-

The Contractor shall inform EVN of the actual time schedule of, and estimated cost plan ofEVN andlor its nominee artendance to, the Shop Inspection and Tests two (2) months before, as set forth in SCC Sub-Clausε 1.2.12.

The reports of shop tests, regardless whether such tests have been witnessed by EVN or not, shall be submirted to EVN for its approval before Shipping.

Date of Shipping

The Shipping Schedules are required for Customs Clearance Procedure Plan and the Contract Price payment upon FOB. The Contractor shall make Disbursement Schedule to meet the shipping schedule as stipulated in GCC Sub-Clause 12 .1 1.

(g)

Period and Date of Completion of Construction of Parts of the Works

V-SCC- 25

ω


:一

Thε W ork Schedules of respective paπs of the construction services for civil, architectural and installation of Equipment are required for estimate progress percentage of the construction and then the Monthly Progress Payment under the Statement of Performance (SOP). The Contractor shall make Disbursement Schedule to meet the construction schedule as stipulated in GCC Sub-Clause 12.1 1.

、u / / , ‘ \ Date ofCompletion ofWater Treatment Plant: Not applicable.

G) Time for Completion

To meet Time for Completion, all the Equipment and auxiliary items included shall have been assembled, installed, connected, caπied out pre-commissioning tests and made ready for starting of commissioning. EVN Training for Operation and Maintenance at the Site shall be st따ted with commissioning. The Contractor shall inform EVN of its readiness of commissioning and training schedule as early as possible, at the latest one (1) month before for EVN preparation for its members' assignment to join to the commissioning and training.

(k) Commissioning

(1) Power Receiving

The Date of Power Receiving is defined as the datε when the power station electrical equipment ofUnit No.2 is first energized for the power station electrical commissioning works. It will be twenty four and a half (24.5) months from the effective date of Contract.

(2) lnitial Firing

lnitial Firing is defined as the date when fuel is first burnt in the boiler.

The Initial Firing for Power Plant Unit No. 2 is advised to st따t at least six and a half (6.5) months before its Time for Completion.

(3) Initial Steam Admission

Initial Steam Admission is defined as the date when steam from the boiler first enters the turbine.

The Initial Steam Admission for Power Plant Unit No.2 is advised to st따t at least four and a half (4.5) months before its Time for Completion.

(4) Date of Synchronization

By this date, the Equipment is synchronized for the first time with the external electrical network.

V-SCC- 26


(5) Completion ofCommissioning

The completion of commissioning is defined as the date when all agreed testing including Tests on plant performancε have been completed to the satisfaction of EVN.

(1) Reliability Run

After the completion of commissioning, thε Reliability Run shall be carried out for thirty (30) days in accordance with Clause 2.1 .12 in Volume 2. Prior to this period, the necessaη plant cornmissioning and tuning tests will be undertaken to confmn the required output of the Equipment.

m Date of Partial Acceptance

EVN reserves the right to take over the p따t of the W orks in case such a part is ready for the use by EVN prior to the issuancε of thε Provisional Acceptance Certificate.

In this case, a Partial Acceptance Certificate will be issued for those W orks partially taken over by EVN, for which the Warranty period shall start from the date of Partial Acceptance. Partial Acceptance also applies to the contents of such Works.

(n) Performance Tests

The date of satisfactory completion of the Performance Tests shall be within the Time for Completion of the Works, the final date of the Contract Period, the date of EVN acceptance of the Works, the date of taking-over to EVN and the date of risk transfer to EVN as set forth in GCC Sub-Clause 8.3.

‘、~(0) Provisional Acceptance Certificate

Provisional Acceptance Certificates will be issued by EVN to certify the date of completion of, and approval of, the Performance Tests for the whole of the Equipment.

The date of certification of completion of the Performance Tests shall be the date of taking over and all risk transfer to EVN for the Works covered by the respective certificates. Therea:fter, EVN shall take full responsibility and risks for the operation and maintenance of the W orks, except for defects that are the responsibility of the Contractor.

P AC issuance shall not be made earlier than the contractual P AC issuance date by crushing (squeezing) the total commissioning period (precommissioning period + commissioning period + Reliability Run + Performance Test).

V-SCC- 27

\‘--


(P) Warranty Period

As stipulated in GCC Sub-Clause 27.2, the Warranty Period ofthe Works shall be twenty four (24) months st따ting from the date of the completion of Performance Tests (certified by Provisional Acceptance Certificate) for the whole ofthe Works.

(q) Inspection for Final Acceptance

Two (2) months before the εnd of the Warranty Period for the Works, the Còn:tractor shall start the Inspection for Final Acceptancε， as set forth in GCC Sub-Clause 27.11 and Volumes 3 to 9.

The Inspection shall be jointly undertaken by EVN and the Contractor in order to ascertain that the Works have technically complied with the conditions of the Contract. EVN shall, in consultation with the Contractor, set the date of such inspection, taking into account such factors as EVN’s system operation program.

(r) Final Acceptance

When the W없ranty Period for the Works has expirεd and upon fulfilment of all justified claims concerning thε remedy/correction of faults, defects, deficiencies and other contractual obligations by the Contractor and provided that there are no issues pending, EVN shall issue a Certificate of Final Acceptance.

1.2.6 Sundays, Holidays and Nights

The construction (Services at the Site) on Saturdays, Sundays and on official holidays, and at nights, shall be governed by peπinent laws and regulations of the Socialist Republic ofVietnam. EVN will secure a permit when necess따yandrεquεsted so by the Contractor for overtime works and work on Saturdays, Sundays, holidays and nights for its own personnel and those of the Contractor.

1.2.7 Lights and Barriers

The Contractor shall put up and maintain at the Site such danger lights and barriers as will effectively prevent any accident in consequence of these Works. If work is done at night, the Contractor shall maintain from sunset to sunrise such adequate flood lighting on or about his Temporary Facilities and on the Works as EVN may deem necess따y for the safety of the construction forces and for the proper observance and inspection of the construction actìvit1es.

V-SCC- 28

\ ~


1.2.8 Tropical Serviceability

Unless otherwise specified, all Goods under this Contract shall be suitable for and where necess따y， specl띠ly treated and procεssed for delivery, storage, and Services under tropical conditions of high temperature, high humidity, heavy rainfall and mildew and fungus-conducivε environment. Tropicalizing materials and procεsses shall be in accordance with the best commercial and industrial practices and shall be subject to the approvalofEVN.

1.2.9 Execution of the 찌'orks

1.2.9.1 A !ITeed Work Schedule

Immediately after the receipt of the Letter of Intent to negotiate the Contract and before the signing of the Contract, EVN and the Contractor shall re-examine the Critical Path Network and Time Bar Diagrarn (collectively called as the Work Schedule) submitted with the Bid and determine by mutual agreement the "Agreed Work Schedule". The "Agreed Work Schedule" shall not be revised or modified without the prior approval of EVN or except where extension of the Contract Period is approved in accordance 띠th

GCC Clause 40 (Extension ofTime for Completion). Based on the “ Agreed W ork Schedule", the Contractor shall submit detailed progr없n of performance of the Contract for EVN’s approval as stipulated in GCC Sub-Clause 18.2.

Pursuant to GCC Sub-Clause 18.3, every month thereafter, during the Contract Period, the Contractor shall fumish EVN with Progress Report together with the "Agreed Work Schedule" to be fumished in Appendix 4 (Time Schedule) to the Contract Agreement comp뼈ng actua1 work performance to date. In any case the "Agreed Work Schedule" or subsequent approved revisions thereof shall be prepared based only on the previous "Agreed Work Schedule". If, in the opinion ofEVN, the Works are not bεing adequately or properly executed in any respect, EVN shall require the Contractor to submit a nεw "Work Schedule" providing for the proper and timely completion ofthe Works covered by this Contract.

As and when required by EVN, the Contractor shall provide short-term look ahead progr없ns to show how the Works are to be brought in line with the “ Agreed Work Schedule". Typically these prograrns should show a one (1) week and four (4) week period and be reviewed weekly.

The Contractor shall ensure that the "Agrεed Work Schedule" is followed. No activity 까‘ \ in the N etwork shall be st없어 때ead of the scheduled one unless the changε in the sequence of opera디ons is benefi따1 to EVN, in which case, the prior approval of EVN 젠 Shan be secured. L/ j :z

2._,‘ ’/*

T많he Cont따1trac때tr떠때때ract빠c따tor야r s빼ha뻐뻐la때빼a떠때11 su뼈l

pro앵g망re않ss data using an appropriate soαft、wλìVa따re approved by EVN. 3 ‘νιö'

V-SCC- 29


Such software shall be set in the six (6) of EVN’ s computer sets in order to serve efficiently for the schedule control with the "Agreed Work Schedule".

1.2.9.2 PercentaQ:e of Accomolishment

The Progress Report as stipulated in GCC Sub-Clause 18.3 shall be accompanied with the Percentage of Accomplishment, which will be the basis for judgment of the progress of the Works, and which shall be computed in percent of the quanturn of Works in progress in each different item ofWorks divided by Net Contract Price. The quanturn of Works wi1l be that assessed as the result of inspection at the end of every month in COP and CIF Price of Equipment and Material as stated in GCC Sub-Clauses 12.3 and 12.4.

as agreed between the Contractor and EVN. The percentage of accomplishrnent subtracted from anticipated percentage on the "Agreed Work Schedulε" is the percentage that the Contractor is behind or ahead in his Work progress, and applied for Statement of Performance for EVN approval for monthly progress payment.

1.2.10 Statistical Report

The Contractor shall, within seven (7) days of the frrst working day of each month, furnish EVN, in a form and by the number of copies to be detεrmined by EVN, the following:

(리 Site Progrεss Report for the previous month and estimatεd progress of the month in line with SCC Sub-Clause 1.2.9.1.

(b) Completion Schedule (Target and Actual) based on the "Agreed Work Schedule" in line with SCC Sub-Clause 1.2.9. 1.

( c) A List of Employees showing the supervisory staff and the numbers of the several classes of labor employed by the Contractor during the month.

(d) A list of the Contractor’ s Equipment utilizεd for the execution of the W orks during the month, and Retums ofLabor as stated in GCC Sub-Clause 22. 1.3 (e).

(e) A list of Equipment and Materials for the Facilities on Site indicating their status, i.e., stocked, used, erected.

(f) Weather conditions on the Site

(g) Accident records.

1.2.11 Lines, Grades and Stakes

EVN will furnish, upon request of the Contractor, alllocations and existing benchmarks at the Site for the conduct ofthe Works. The Contractor shall establish the benchmarks

V-SCC- 30

‘ 、


at peπinent points for control of elevation and grades and se띠ng out lines to locate the Works.

The Contractor shall execute the Works based on the existing benchmarks given. All benchmarks, reference points and other survey marks disturbed or dislocated due to carelessness on the p없t of the Contractor shall be relocated and reset by the Contractor at his expense and subject to the approval ofEVN.

1.2.12 Shop Inspection and Tests

1.2.12.1 General

Further to GCC Clause 23 (Test and Inspection, EVN and/or its norninee (including the Consultant)) shall have the right, whenever they shall deem necess따y， to inspect and examine the fabrication and assembly of Equipment in the Contractor’s workshops and at the Site (refer Clause 2.1.10 (Inspection and Tests) in Volume 2), and witness the tests of Materials and Equipment. Costs incurred by EVN andJor its nominee in carrying out such inspection and witnessing tasks shall be paid for out of thε Provisional Sum (A) in the Contract Price pursuant to GCC Sub-Clause 12.5. The Contractor shall provide all necess따y assistance for these visits, inspections and checks and give all the information requested.

In p따ticular， the Contractor shall provide EVN andJor its nominee with a list of the workshops in which the different p따ts of the Equipment are manufactured and fabricated, and shall fiπnish all information that may be useful for the checking of the manufacturing and fabrication, such as material orders. In cases where p따ts of the Equipment are manufactured in the workshops of a third p따ty， the Contractor shall arrange that EVN andJ or its norninee may freely and without hindrance inspect and examine materials and witness the tests, just as if these were in the Contractor’s workshop. The Contractor shall provide at his own εxpense， for the tests in conformity with the conditions of the Specifications and shall supply the test equipment and personnel necess따y for the performance ofthese tests.

Moreover, the Contractor shall supply at his expense, all tεsting facilities required for all inspections which are required by law to be made by Government Authorities or other recognized Authorities.

If any test which is either:

(a) not so intended or provided for: or (b) not so defined; or (c) though so intended or provided for,

F: _1ι

is ordered by EVN to be carried out by an independent person at any place other than the . _:...까\ place of manufacture or fabrication of the materials tested, without unreasonable delay, _꽉γ EVN reserves the right to c따η out the tεsts with instruments supplied by the Contractor.

V-SCC- 31

‘ 、

、」


If the test shows that the design, workmanship or materials are not in accordance with the conditions of the Contract, the Contractor shall remedy them promptly to execute retests.

Any additional inspection or additional EVN stay over planned inspection period that become necessaη due to the Contractor’ s fault shall be charged to the Contractor. EVN reserves the right to carry out the tests with instruments supplied by the Contractor.

Detailed in the Technical Specification arε the tests to be carried out by the Contractor. Within two (2) months ofthe Effective Date ofthε Contract, the Contractor shall fumish to EVN for approval, a complete list and schedule of the inspection and tests which shall be carried out in the workshops. EVN shall inform the Contractor of its decision to attend any of the tests listed above. Such advice shall not cause interruptions or disturbance to the workshop manufacturing.

The Contractor shall inform EVN of the actual time schedule, estimatεd EVN costs for attendance and performance measures of such tests at least two (2) months before the tests are undertaken. EVN shall approve the performance measures and the EVN costs to be covered by and paid to the Contractor applying the Provisional Sum (A) in the Pricing Schedules.

The tests shall be witnessed by EVN and/or its nominee, and the rεlevant test reports shall be countersigned by both the Contractor and EVN and/or its nominee.

EVN reserves the right to attend any test being conducted by the Contractor, whether or not such tests are included in the above list or are specifically required to be witnessed by it or are mentioned in the Technical Specification. The Contractor shall not be entitled to 뻐y extra compensation by reason thereof, except EVN costs for attendance.

In the event that the Contractor desires to use materials not manufactured specifically for the Works in accordance with the Specification, he shall submit satisfactory evidence to EVN that such material conforms to the specified requirements. Should EVN be satisfied with such evidence, it may, at its discretion, waive any further testing of the materials.

Two (2) certified copies of the reports, including curves and oscillograms, on all required tests, regardless whether such tests have been witnessed by EVN or not, shall be fumished by the Contractor to EVN for its approval before shipping. The reports shall be in such a form as to demonstrate the compliance of the Equipment or any p값t

thereof with the Contract.

If during manufacturing, defects appear which thε Contractor deems possible to repair under his own responsibiliη， he shall in due time inform EVN. EVN may examine the materials before the Contractor performs the proposεd repairs.

v-SCC- 32


The presence or supervision ofEVN andlor its nominee, or waiving ofthe inspection or tests shall in no way relieve the Contractor of his responsibility for fumishing the Equipment in accordance with the requirements of the Contract.

1.2.1 2.2 Shon Assemblv

Shop assembly to the largest extent feasible shall be performed by the Contractor to assure proper fitting of the various p따ts of the Equipment and for checking the correctness of clearances and dimensions. Parts thus assembled shall be match-marked for re-assembly at the Site, prior to being dismantled for shipment. A detailed description of the intended shop assembly shall be supplied.

1.2.1 2.3 1nsnection Before Shinment

No Equipment or Material shall be shipped before all tests and inspections have been carried out according to the Contract Documents andlor certified copies of the tests and inspection reports andJor Contractor’s guarantee have been received and certified by EVN.

The EVN certificate of tests and inspection for any Equipment or Material prior to shipment sha11 in no way relieve the Contractor of any of his responsibilities for mεeting all the requirements of the Contract and shall not prevεnt subsequent rejection if such Equipment and Materia1 is later found to be defective.

1.2.13 Site Supervision, Inspection and Tests

The Contractor shall employ at his own expense competent qua1ified construction, erection, commissioning and testing superintendents as required by the Contract Documents. Erection superintendents for the purpose of this Clause shall include the erection engineer or superintendent and such additional supervising personnel as the Contractor deems necess따y for the construction of the Works, which shall hereinafter be referred to collectively as construction supervisors. The construction supεrvlsors shall be responsible for supervision of the construction, commissioning and reliability run and final adjustrnents of the Equipment until the Performance Tests have been satisfactorily completed.

The construction will be conducted under thε general supervision of EVN. Inspectors appointed by the Contractor shall enforcε a strict compliance with the terms of the Contract and the Specification. The inspectors will keep a record of the work done, and ensure that the location and other marks are kept in proper order. The decision of EVN in writing regarding the quality of thε Material and workmanship, in accordance with the Specifications, shall be final. And the Contractor shall replace or rectify such defective Equipment at the Contractor’s expense.

V-SCC- 33

/、、、\

‘s -_

VIETNAM ELECTRJCITY / TEPSCO o MON THERMAL POWER PLANT

Should the Contractor refuse, neglect or unnecessarily delay compliance with these requirements, the specific facilities may be rectified, furnished and maintained by EVN, and the cost thereof will be deducted from any amount due to the Contractor.

No Work shall be covered up or put out of view without the approval of EVN. The Contractor shall afford full opportunity for EVN to examine and measure any W ork which is about to be covered up or put out of view and to examine foundations before Pεrmanent Works are placed thereon. The Contractor shall give duε notice to EVN whenever such Works or foundation is, or is about to be, ready for examination. Upon receipt of such notice, EVN will attend, without unreasonable delay, for the purpose of examining and/or measuring such Works or foundation, unless it considers such attendance unnecessaη and advises the Contractor accordingly.

Defective work or material may be rejected by EVN at any time before the expiry ofthe W없ranty Period of the Works. When such works has been condemned, it shal1 be removed immediately by the Contractor and replaced or rebuilt in accordance wîth the Specification. The cost of any condemned dεfective W ork or Material will not be paid byEVN.

Fai1ure or neglect, on the p따t of EVN, or any of its agents, to condemn or r밍ect bad or inferior Work or Materials shall not be construed to imply acceptance of the s없ne if such bad or inferior Work or Materials are not discovered at any time prior to the expiry ofthe W강ranty Period.

1.2.14 Site Security

At all times, the Contractor shall employ a sec따ity work force to guard the Site and control the exit and entry of all employees and Goods onto the Site.

In case of 10ss of or damage to the Goods already delivered to the Site, the Contractor shall 、;vithin twenty four (24) hours, report the incident to the nearest Police Station or any law Enforcing Agency for investigation with proper notification to EVN.

Security personnel employed by the Contractor shall be uniformed and registered with EVN. All such persoi:mel shall be approved by EVN prior to employment.

EVN will coordinate Site perimeter security and ovεra11 Site security, but will not be responsible for the security of the Contractor’s construction areas ofthe Works.

Each person employed on the construction Site shall be issued with an identification badge and registerεd with the EVN’s Security Organization. The Contractor shall furnish badges for his and his Subcontractor’s personnel which shall be coordinated with the identification system adopted for the Project and shall be acceptable to EVN. In addition to personnel identification, alllicensed construction vehicles shall be registered with EVN’ s Security Organization and shall be marked with an identification sticker

V-SCC- 34

i


approved by EVN. The licensed vehicles of employees of the Contractor authorized to bring their vehicles on the Site shall be simi1arly registered and marked.

All emp10yees of the Contractor and vehicu1ar traffic shall enter and 1eave the construction Site through the designated construction entrance gate. Unauthorized personne1 will not be permitted on the Site. Goods shall not be permi다ed to 1eavε the Site without the prior authorization ofthe Contractor and ofEVN.

1.2.15 Delivery Point

The point of delivery shall be the Site unless otherwise directed by EVN.

1.2.16 Shipment and Storage

The Contractor shall crate or box all Equipment, Materials and other Goods under the Contract for ocean shipment in such a m없mer as to facilitate handling and protect them from damage in transit. The Contractor sh려1 be responsib1e for and make good any and all damages due to improper preparation, protection, packing and crating prior to shipment. Where necess따y， heavyp따ts or EquipmentlGoods shall be mounted on skids and crated, and any article that might otherwise be 10st shall be boxed or wired in bund1es and p1ain1y marked for identification. All parts exceeding one thousand (1 ,000) kilograms gross wei밟1t shall be prepared for shipment so that slings for hand1ing by crane can be readily attached. Whenever it is unsafe to attach slings to the box or crate, slings shall be attached to the part, and project through the box or cr없 so that attachment to the hoisting equipment can be readi1y made. Partial shipment of the equipment, materials and accessories will be accepted.

The Contractor shal1 be responsib1e for obtaining all necess따y permits relating to importation and release ofhis shipment in the Socialist Republic ofVietn없n.

The Contractor shall provide EVN with a completε shipment schedu1e three (3) months prior to the first shipment and shall update and reissue this schedule monthly thereafter.

The Contractor shall send by airmail four (4) origina1 sets of the following shipping documents on 떠1 the shipments under this Contract immediate.1y after shipment to expedite the re1ease of shipment from customs:

Signed Commercial Invoice Certificate of Quality and Quantity Certificate of Origin Certificate oflnsurancε Bill ofLading Packing List

Separate Shipping Documents for each kind of shipment shall be provided for the Equipment, Materials, Spares and Consumables for Permanent Works, and Construction

V-SCC- 35


Equipment, Temporary Facilities, materials, spares and consumables for Temporary Works.

The Contractor’s packing list shall include the following:

(a) Number ofpackages in shipment

(b) Weight, dimensions and volume (m3) of each package

(c) A complete detailed listing of each item contained within each package, clearly identifying each item and quantity thereof.

(d) A statement identi다ring Goods within each package as:

Equipment for Power Plant (including Materials, Spare Parts, Consumables to be provided to EVN)

Contractor’s Equipment (Construction Equipment including Temporary FaciIities to be re-exported)

Equipment of Replenishment for Power Plant (including Materials, Spare Parts, Consumables to be provided to EVN)

Construction Spare Parts and Consumables (to be consumed for Temporary Works) Dangerous Cargo (Goods listed by IMCO: Intergovemmental Maritime

Consultative Organization)

F or Contractor’s Equipment, the detailed listing shall identify such equipment and tools by serial number, trademark, ηpe， make, year and model, plus any additional information that will aid in the re-export of the equipment. Such packing list shall further be identified with the statement "Contractor’s Equipment for Temporary Import Only".

Each individual package, crate or box to be shipped shall be plainly and indelibly marked or hav응 stainless tags attached for identification. A detailed packing list shall be enclosed in the case liner of each package, crate or box. All packing lists shipped with the package, crate or box shall be enclosed in waterproof envelopes. Each package, crate or box shipped shall have the usual custom따y marks req띠red for air or water transportation, including the following:

Contract Number Consignee Consignor Dimensions Volume (m3

)

Net and Gross Weight (kg) Loading Port Destination Port

V-SCC- 36


In addition, each package, crate or box shall havε the following identifying marks:

1. VIETNAM ELECTRlCITY EQUIPMENT AND MATERlALS o MON OIL/GAS-FlRED THERJ\;ι<\L POWER PLANT UNIT NO. 2 CAN THO CITY, THE SOCIALIST REPUBLIC OF VIETNAM

2. PURCHASE ORDER NO.

3. EQUIPMENT NUMBER

The Contractor shall bear all expenses in connection with the importation and tr없lsport

to the Site of all Equipment, Materials and items needed for the purpose of the Contract, f' including warehouse rental, handling and other charges and Customs charges where

applicable.

k

The Contractor shall observe all regulations governing load limits on roads, bridges, railways, or limits on other means of transport by which material may be conveyed and/or pay for any upgrades or strengthening required.

The size requirements and locations of storage yards at the Site shall be submitted to EVN for approval.

All items shall be adequately protected at all times from any cause that might result in damage or deterioration prior to construction. All Materials shall be stored such that they will be protected against loss, corrosion, weathεr damage and distortion, damage by vermin, and ingress of foreign matter. All electrical p하ts and delicate mechanical p따ts

susceptible to damage from moisture shall be packed in hermetically-sealed plastic envelopes or other approved containers within their packing casεs. All sealed packagεs shal1 include bags of silica gel or vapour phase inhibitors. Wherε necess따y for the proper storage of any item, such item shall be stored in an air-conditioned building.

If there shall be any damaged p값ts， the Contractor shall make necess따y adjustrnents so that there may be no hindrance to the construction.

Al1 Site storage shal1 be on packers so that the stored Equipment and Materials are out of contact with the ground.

Spare parts, special tools and consumables supplied to EVN under this Contract shall be clearly identified and shall be provided with protection suitable for long term storage under tropical conditions.

The Contractor shal1 provide weatherproof storehouses for delicatε instrurnentation 때d

electrical equipment.

V-SCC- 37

VlETNAM ELECTRlCITY / TEPSCO o MON THERMAL POWER PLANT

All shipped packages, crating and boxes (except containers) delivered to the site shall become the propeπy of EVN. Therefore, the Contractor shall transfer them to EVN, provided that no additional service or work and cost to the Contractor are incurred to the Contractor (See SCC Clause 1.2.27).

1.2.17 Contractor’s Working Area and Site Facilities

1.2.17.1 Contractor’s Working Area and Temporarv Facilities

Limited working areas for Site Construction Offices and for storage, fieldshop, warehouses, Construction Equipment, etc. within the periphery of the Site indicatεd in the relevant Bid Drawings will be made available by EVN without charge to the Contractor. The Contractor shall submit within thirty (30) days ofthe Effective Date of the Contract, detailed plans showing the areas he anticipates using for the duration of the Works. The area requirements in squarε meters and the proposed usage shall be indicated on the drawings and shall be subject to the approval of EVN. No other areas within the Site shall be occupied by the Contractor without the writien consent ofEVN.

The Contractor shall keep the working area neat and tidy and when the area is cleared, the Contractor shall ensure that it is landscaped to its original acceptable condition or to a condition approved by EVN at no additional cost to EVN.

The Contractor shall provide his own site construction office within the Site at a location to be determined by EVN. The design, construction and building facilities associated with the construction office sh떠1 conform to 따1 relevant local laws and regulations and its standard and location will be negotiated with the Contractor, prior to the conclusion and signing of the Contract.

The Contractor shall, at his own expense, construct, operate and maintain areas, buildings, warehousεs， shops, and other Temporary Facilities necess따y for the execution of the Works and for the safe storage of Equipment and Materials. If the Contractor considers it necess따y for the preparation of his storage and working areas and the Temporary Facilitiεs at the Site, to construct roadways and footways, to improve the existing ones, to re-level the lands and to carη out any Work needed by him in relation to his storage and working arεas and the Temporary Facilities, he may do so at his own cost, subject to the prior approval ofEVN.

The Contractor shall also be responsible, at his own expense, for the maintenance and operation of such facilities as are necessaη for his office and for the housing, feeding and accommodation of all his employees.

Within reasonable period of completion of the Performance Tεsts， unless otherwise directed by EVN, the Contractor shall demolish and remove all Temporary Facilities and buildings and restore the affected areas to their original condition.

V-SCC- 38


The Contractor shall provide First Aid facilities and arnbulance as detailed in Clause 2. 1.9 in Volurne 2.

Special precautions shall be taken by the Contractor to keep the incidence of diseases to amlmmurn.

The Contractor shall spray with insecticides the insides of all buildings under his control, including dwellings, within one week of their erection and at frequent regular intervals thereafter as directed.

Particular insecticides to be used shall be to the approval of EVN.

All pools 0아fwa따te앙r and 。야ther likely mosquito breeding places within and adjacent to the Works under the control of the Contractor shall be sprayεd in an approved manner by the Contractor. The local health authority is empowered to give a legal warning to the Contractor ifmosquito larvae are detected during routine checks.

If the Contractor should desire or find it necess따Y to provide additional facilities, these facilities shall be subject to approval of EVN and shall meet all relevant codes and regulations.

The Contractor shall submit EVN for approval within thirty (30) days of the Effective Date of the Contract, his detailed plans of the Temporary Facilities that he proposes to construct, including water, power supply and sεwerage facilities. πr ηpe of construction and the plans and the specifications for buildings to be constructed by the Contractor shall be subject to the approval of EVN. All buildings shall be substantial in construction and shall have a reasonably attractive appearance.

The Contractor shall be responsible for all Equipment, Materials and other Goods in ms custody or placed in consσuction by him and shall take all necess하y precautions t。εnsure the protection of all Equipment, Materials and other Goods, and construction W orks from theft, vandalism, fire and all other darnage and loss.

1.2.17.2 Site Offices for EVN and Consultant

The Site Offices for EVN and the Consultant have been constructed under the Unit NO.1 Contract and the Contractor shall takε over the maintenance responsibility from Unit NO.1 contractor upon the completion ofUnit NO.l Contract, or from EVN, ifUnit No. 1 Contract is completed and such offices and canteen have been taken over to EVN.

The Contractor shall be responsible for the maintenance and sec따ity services of the officεs of EVN and the Consultant, including the maintenance of the utilities, furniture and equipment above mentioned after aforesaid taking over through the end of Contract Period.

V-SCC- 39


The Contactor shall pay all charges for electricity and water for the Site Offices of EVN and the Consultant (refer to SCC Clause 1.2.18 for electricity, water) until the end of Contract Period.

Further, the Contractor shall not only provide the services for maintenance of office equipment and furniture and supply of all office consumablεs (including drinking water served by coolers) for the Site Offices of EVN and the Consultant but also pay the domestic and intemational te1ephone charge including mobi1e phone charge for the Site Offices of EVN and the Consultant, until the end of Contract Period.

On expiry of the Contract Period, the above bui1dings, office equipment and furniture shal1 be taken over by EVN from the Contractor after confirming that they are in reasonably good conditions but allowing natura1 wear and tear and shall become the prope따TofEVN.

The Contractor shall provide three (3) new vehicles and additional equipment to EVN as the Permanent Works in accordance with Appendix 6 (Scope ofWorks) to the Form of Contract Agreement and Item 12 of which both are stipulated in Sεction VII F orms and Procedures.

The payment for such vehicles and additiona1 equipment shall be made in accordance with Item 7.6 in Schedu1e 14.10 ofPricing Schedu1e in Volume 14.

1.2.18 Power, Water and Air for Construction

The responsibi1ity of the Contractor and EVN for power, water and compressεd air requirements for the construction and Tempor따y Works shall be stated here below, and that for commissioning, reliabi1ity run, Performance Tests, operation and maintenance ofEquipment is stated in SCC C1ause 1.2.22, respectively.

The spare parts, too1s and consumables (including lubricant oi1, chemic려s) required for construction and Temporary Works, Site offices of EVN and the Consultant, commissioning, reliabi1iη run and performancε tests shall bε 없ranged by the Contractor.

1.2.18.1 Construction Power Suoolv

(1) The Contractor shall be responsib1e for his own power requirements for the Works during the Contract Period, and for defects remedy works during Defect Liability Period of the whole Works. EVN shall not be responsible for the condition of such reqU1rements.

(2) The Contractor shall be responsib1e for powεr reqmremεnts for the Site Offices for EVN and the Consu1tant during the Contract Period.

V-SCC- 40


A three phase, 4 wire, 22 kV/380 Volts power supply of 3,200 kVA capacity has been made available for Unit No.l Contract by EVN and shall be used by the Contractor with separate meter where practicable.

The Contractor shall be responsible for the condition, installation and maintenance of all aspects of the electricity distribution systεm within the Site, beyond the EVN 22 kV/380V substation. This obligation shall include, but not be limited to, the power cables, poles and supports, insulators, guy wires, distribution transformers, distribution panels, metering system and circuit protection.

The Contractor shall be responsible for any and all darnages to the existing electrical facilities, which may result from inadequate protection or miss-operation. The Contractor will be charged for the power consumed at the rate at the time of use in accordance with the circular No. 08/2010ITT-BCT dated February 24, 2010. The current power charges (for reference only, 10% VAT should be imposed additionally) as of March 1, 2010 따e as follows and will be subjected to change.

Normal time Off peak time Peak time

uDDer 1l0kV 898 (VND/kWh) 496

1,758

Notes: 1) Normal time : a/ Monday to Saturday :

- From 4:00 to 9:30 - From 11 :30 to 17:00 - From 20:00 to 22:00

b/ Sunday: - From 4:00 to 22:00

2) Peak time : a/ Monday to Saturday :

- From 9:30 to 11 :30 - From 17:00 to 20:00

22 kV-ll 0 kV 935 518

1,825

b/ Sunday: has no peak time 3) Off peak timε :

6kV-22kV 986 556

1,885

All day : From 22:00 to 04:00 ofthe day a:fter

under 6kV 1,023

589 1,938

Commercial 없rangements for the supply of electricity are to be made between the Contractor and Electricity of Cantho.

Within one (1) month of the Effective Date of the Contract, the Contractor shall noti:fy EVN of the power supply arrangements he intends to make and of his power demand during the Contract Period. A layout and schematic drawing of the electrical system shall be submitted to EVN for approval.

V-SCC- 41


The supply of electricity will normally be available at all hours, but EVN will not bε held responsible for any loss, damage or inconvenience caused by failure of the supply. The Contractor shall be responsiblε for the condition of any back up and/or supplement따y power supply required for the performance of the Works.

The design, safety, utilization and maintenance of thε Contractor's electrical installations shall be subject to the approval of EVN and shall conform to the relevant local Electricity Regulations and Ordinances.

1.2.18 .2 Water Supplv

(1) The Contractor shall, at his own expensε， be responsible for the construction, installation, operation and maintenance of a safe and adequate supply of drinking and domestic water for the Works (including EVN’s and the Consultant’s Offices and the EVN canteen). The water supply system shall be subject to the approval of EVN. Whenever there is a possibility of contamination of the water supply for drinking and domestic purposes, chlorination or some other approved method of sterilization shall be applied.

(2) The drinking water available as water coolers in the market shall be supplied by the Contractor for the Site Offices of EVN and the Consultant as set forth in Sub-SCC Clause 1.2.17.2.

(3) As for demineralized water supply, the Contractor has a choice among:

(a) The mobilization oftemporary facilities required for the supply of such items, by the Contractor at all costs and risks ofthe Contractor,

(b) The purchase of such items at the c따rent tariff specified in SCC Sub-Clause 1.2.22.3.

1.2.18.3 Comoressed Air Supplv

The Contractor shall also provide the required compressed air facilities that may be needed for the W orks at his own expεnse. Diesel engine driven compressors shall not be sited within buildings or in a location that may cause a health hazard to personnel due to exhaust fumes.

1.2.19 Sewage Disposal and Sanitation

The Contractor shall, at his own expense, be responsible for the installation, operation and maintenance of an adequate sewage disposal and sanitation system and shall provide adequate toilet and wash-up facilities for his employees in his c없np and in the areas where Works are being carried out.

v-SCC- 42

\


The Contractor shall execute the Works with due regard to adequate sanitary requirements in conformity with all pertinent laws and undertake all necessary steps to prevent the pollution of water in the river. All toilets or wash-up facilities shall be subject to the prior and continuing approval ofEVN. A layout and schematic drawing of such facilities / systems shal1 be submitted to EVN for approval.

Also the Contractor shall be responsible for the maintenance of sewage and sanitation system for the Site offices for EVN and the Consultant.

1.2.20 Fire Protection

Thε Contractor sh리1 0 bserve all necessaη precautions ag려nst fire and shall provide and maintain at his own expense, adequate portable fire-fighting equipmεnt， and shall comply with all applicable laws ofthe Socialist Republic ofVietnam relating thereto.

In the event of an uncontrollable fire occurring in the area of the Contractor’s operation, the Contractor shall fight the fire at his own expense and to the full extent of his manpower and equipment available.

The Contractor shall indemnify EVN with respect to 없y damage or loss sustained as a result of any fire attributable to any act, omission or negligence on the p따t of the Contractor or his employees, agents or Subcontractors. All such damages or losses shall be the responsibility ofthe Contractor.

1.2.21 Telecommunication Facilities

The Contractor shall arrange for, provide and maintain at his own expense, telecommunication facilities at the Site as may be required for his own purpose including telephone, electronic mail, inter-net access, telegraph and radio. The Contractor shall also provide and maintain adequate communication system 없nong offices of EVN, the Consultant, the Contractor, subcontractor and the appropriate location at construction, installation and workshop area subject to approval ofEVN.

The Contractor shall also take over from Unit NO.l contractor or EVN and maintain at his own cost, telephonε， fax, electronic mail and inter-net services for the EVN’s and the Consultant’s Site Offices . The telephone facilities shall include at least three (3) mobile telephones each for EVN and the Consultant to be taken over from Unit NO.l contractor ?:‘\

All telecommunications ch따ges for the EVN’s and the Consult빼s Site Offic않 shall 깐A훨 be paid by the Contractor 0따 of the Provisional Sum (A) s디pulated in GCC Sub-Clause 샤N 션

12.5 from the taking over of faciliη up to the issue of the Provisional Accept뻐ce 시/찌

Certi파ate of the Facilities, against SOP submitted by the Contractor on voucher 없d 따쫓 official receipt basis.

V-SCC- 43


During the W앙ranty Period, the Contractor shall pay only its own telecommunication charges.

1.2.22 Fuel and Diesel Oil, Limestone, Electric Power, Water and Compressed Air for Commissioning, Reliability Run and Performance Tests

The responsibility of the Contractor and EVN for fuel oil, diεsel oil, limestone, electric power, water, hydrogen gas, compressed air and waste water treatment requirements for Commissioning, Reliability Run, Performance Tests, operation and maintenance of Equipment shall be stated hereinafter. The electric power, water and compressed air for the Construction is stipulated in SCC Clause 1.2.18.

πle spare p없ts， tools and consumables (including lubricant oil, chemicals) required for the Works, Commissioning, Reliability Run and Performance Tests shal1 be supplied by the Contractor.

The consumables required for Site Officεs of EVN and the Consultant up to the issuance ofProvisional Acceptance Certificate shall bε also supplied by the Contractor.

1.2.22.1 Fuel and Diesel OiL N atural Gas and Limestone

EVN shall be responsible, at his expense, for supply of fuel oil, diesel oil and limestone for Commissioning, Reliability Run and Performance Test.

However, in case of fuel oil, diesel oil and limestone required for the commissioning up to commencement of the Reliabiliη Run are consumed over the cεiling quantity declared by the Contractor (ITB Sub Clause 9.4 (e) (ix) (2) a)) , the Contractor shall pay the cost of such exceeded consumption only of them.

1.2.22.2 Electric Power

The Contractor shall be responsiblε for high voltage electric power requirements for the tests and commissioning of the Equipmεnt up to commencement of the Rεliability Run. The Contractor shall pay EVN the cost of εlectric power consumed at the tariff mentioned in SCC Sub-Clause 1.2.18.1. EVN shall be responsible for the power supply for operation and tests of the Equipment from and after the date of start of the Reliability Run.

However, after the power supplied through the starting transformers is replaced by the power supplied through the unit auxiliary transformer of Unit No.2, thε Contractor shall not need to pay for the power supplied through the unit auxiliary transformer of Unit NO.2.

V-SCC- 44


1.2.22.3 Demineralized Water. Hvdro !2:en Gas ‘ Comoressed Air and Waste Water Treatment

The Contractor shall, at his own expense, be responsible for the supply of demineralized water, hydrogen gas and compressed air for the testing and Commissioning. In addition, the Contractor sha11 treat and discharge wastε watεr for the testing and Commissioning in accordance with the requirement ofthe relevant authorities.

With regard to the supply of such items, the Contractor has a choice among:

(1) The mobilization oftemporary facilitiεs required for the supply of such items, by the Contractor at all costs and risks ofthe Contractor,

(2) The purchase of such items at the current tariff

Demineralized water :

Quantity (m3)

10 - 500 T않iff (VND)

275,000 501 - 1,000

1,001 - 2,000 2,001 - 5,000

5,001 -

Hydrogen gas: 284,377 VND / m3

Compressed air : 425 VND / m3

Waste water treatment: 2,200 VND / m3

200,000 150,000 125,000 100,000

In this case the Contractor shall make such a request for EVN wε11 in advance for EVN’s prepar따ion and be responsible for connection of temporary pipes with the existing common facilities within the 0 Mon Power Plant Unit NO.1.

(3) The purchase of such items from other sources available to the Contractor

Such price for supply of demineralized water, hydrogen gas and compressed air and mobilizationldemobilization of tempor따y facilities for production, storage and distribution ofthose materials (bonded items) sha11 be included in items 7.3, 7.4 and 7.5 in Schedule 14 .10 of Pricing Schedule in Volume 14, respectively. And price for treatment and discharge of waste water and mobilizationldemobilization of tempor따y facility (bonded item) shall be included in item 7.6 in Schedule 14.10 of Pricing Schedule in Volume 14.

V-SCC- 45


1.2.23 Training of EVN Personnel

The Contractor shall extend all possible assistance and cooperation to EVN regarding the transfer of technology and developing expertise in the area of engine밟ng， operation and maintenance of the Equipment and Materials. In particular, training to be providεd under the Contract shall be such that EVN staff may participate in commissioning activities, reliability run and Performance Tests of the Equipment and will be able to operate the Equipment competently following Taking Over.

The number of man-days of training as detailed below shall be included in the Bid.

The Contractor shall be responsible for the development of thε Training Modules and definite W ork Schedule in accordance with related conditions of the Contract, which shall be submitted to EVN for approval fifteen (15) days before the training of EVN’s personnel.

The components of the training modules shall include, but not be limited to, training procedures/methodology, module content and instructional materials. The modules shall also include course manuals that shall be provided to each trainee.

Three (3) sets of the materials included in the training modules shall be handed over to EVN upon completion of the training. An evaluation of the adequacy, appropriateness and relevance ofthe training and its subsequent effectiveness shall be jointly undertaken by the Contractor and EVN. Where necess따y， supplementaη training shall be provided to cover any inadequacies of the Contractor’s training.

The Contractor shall employ qualified English speaking instructors, training coordinators and English / Vietnamese interpreters with knowledge of technical terms, as required, during the execution of the training progr없nme， except for on-the-job tr없mng.

1.2.23.1 Training at Contractor’s Premises

The Contractor shall conduct off-sitε training of twerrη (20) EVN engineers on engmeenng, oper따ion and maintenance of the Equipment and Materials at the Contractor’s or Sub-Contractor’s premises, where adequate training facilitiεs are available, during the design and manufacturing stage ofthe Contract Period for three (3) months. The following expenses related to the training incurred by EVN Engineers shall be paid by the Contractor in the Contract Price:

(a) International airfare 20 round trips (economy se없) between Ho Chi Minh Ciη and foreign country where training will bε conducted

(b) Excess baggage and airport charge At Ho Chi Minh Ciη and foreign country airports for 20 round trips

v-SCC- 46

x

VIETNAM ELECTRICITY / TEPSCO

(c) Travelling and communication costs EVN engineers' daily commutation, travel for study and communication in foreign country for 1,800 day-engineers

(d) Per-diem allowance and hotel charge in foreign countη 1,800 day-engineers x Yen 15,000 or equivalentlday engineer

(e) Contractor’ s costs for training including miscellaneous expensεs For 1,800 day-engineers ’ training

Included in the Bid shall be the Contractor’s Costs required for the above Training including instructors' man-month cost, transportation and accommodation costs for study trips, and program, text book, manuals and miscellaneous costs.

EVN shall bear the costs for travel documents, travel insurance and inland trip in Vietnam.

The training shall generally be divided on the following basis, subject to the approval of EVN:

Boiler and Auxiliaries Turbine and Auxiliaries FGD Equipment Electrical including Generator Controls and Instrumentation

Five (5) Four (4) Two (2) Four (4) Five (5)

Engineers Engineers Engineers Engineers Engineers

The costs of such training shall be included in the Pricing Schedules. The said training, and seπices progress for the Statement of Performance shall st따t on the day of departure from Viεtnam and finish on thε day of arrival at Vietnam.

The training program shall be adequate for the trainees to acquire the necess없y expertise and technology in the areas of engineering, operation and maintenance and the capacity to act as trainers for the in-housε technology transfer program ofEVN.

1.2.23 .2 0oeration and Maintenance Training at Site

The Contractor shall provide a comprehensive training program related to design application, plant management, operation and maintenance, including trouble shooting, of the Contractor’s supplied system and Equipment at the Site.

The Contractor shall inform EVN of its readiness of commissioning and training schedule as early as possible, at the latest one (1) month before the commissioning and training so that EVN can assign its members for the commissioning and training.

V-SCC- 47

、

'-


The timing of the training should be such that the participants will be provided with sufficient know-how so that they can participate in the commissioning, reliability run and performance tests.

The trainees joining the commissioning and operation team for the commissioning, reliability run and performance tests for the training purpose shall be under supervision and control of the Contractor’s supervisors and such training shall not be permitted to disturb commissioning and testings.

Training brochures, docurnents and visual aids used by the Contractor for the training shall be transferred to EVN.

The Contractor shall employ qualified English speaking instructors and EnglishIVietnamese interpreters during the conduct of the training program.

The following instructors shall be at the Site continuously during the training:

(a) One (1) for Boiler and Auxiliaries; (b) One (1) for Turbine and Auxiliaries; (c) One (1) for Flue Gas Desulfurization System; (d) One (1) for Electrical Services; (e) Two (2) for Instrurnentation and Control ; and (f) One (1) for Chemist.

The content ofthe training program shall include, but not be limited to,:

(i) Oil/gas-fired thermal pl없t principles in management and practices for operators, technicians and maintenance personnel.

(ii) Equipment operations and systems training for operators inc1uding simulator training as applicable.

(iii) Maintenance training prograrn covering electrical, mechanical and instrumentation and control

(iv) The existing power plant simulator shall be used to assist in critical operator traimng.

Details of all on-site training programs shall be submitted to EVN for approval.

1.2.23.3 0n-the-Job Training

During the testing and commissioning, EVN shall provide operations and maintenance personnel to assist the Contractor in the operation and maintenance of his supply and Works under the direction of the Contractor for the purpose of on-the-job training.

V-SCC- 48

‘ X ‘


EVN shall have the right to send to the Site, its employees later intended to operate and maintain the Equipment supplied under this Contract. The Contractor shall, without additional cost, use his site staff to instruct these employees in the operation and maintenance of the Equipment. All instructions shall be made in the English language.

1.2.24 Coordination Meetings

During the course of the Contract, EVN will convene contract meetings to discuss matters relating to design, pl없ming， manufacturing and site progress.

During the design and manufacturing phases, it is anticipated that meetings will be held at an approximate average frequency of four weeks, greater frequency occurring during the design period. Most of such meetings will take place at the offices of Cantho Thermal Power Company Limitεd and the remainder at the Contractor’s Head Office/Shops.

During the construction phase, regular site progress meetings will be held as required by EVN. In addition, it is anticipated that contract meetings will also be necess따y at an approximate frequency of eveη four (4) weeks, these taking place at the 0 Mon Power Station Site or, infrequently, at the offices of Cantho Thermal Power Company Limited.

Joint meetings among EVN, the Consultant, the Contractor and various Sub-contractors will also be required from time to time to coordinate interfaces.

πle necess따y responsible Project Manager of the Contractor’s Site Office shall attend all such meetings described above.

The numbers of meetings indicated above are given for guidance only and the Contractor shall include for attendance at any meεlings deemed necess따y by EVN for the satisfactory progress of all phases oÍ the Contract.

All expenses to be incurred by the Contractor relative to such meetings shall be at his own account.

All travel and expenses for attendance by EVN and/or the Consultant at the coordination meetings at the Contractor’s Head Office shall be paid for out of the Provisional Sum (A) stipulated in GCC Sub-Clause 12.5.

1.2.25 Communications Among Parties

All orders and communications lmder the Contract shall be made in writing.

The Contractor shall assign to the Site primarily English speaking personnel or in the case of Vietnamese personnel cannot speak English, the necessaη support interpreters shall be employed.

V-SCC- 49

\.~


Any communication made by EVN to the Project Manager of the Contractor at the Site will be considered as having been made to the Contractor himself.

For expeditious action on all communications rεgarding the Contract, as well as on all matters pertaining to the required submission of manufacturer’s dra띠ngs and/or supporting analyses/computations for EVN, the Contractor shall address all communications as indicated in ITB Sub-Clause 6.1.

1.2.26 Misplaced Materials

Any material that is deposited elsewhere than in places designated or approved by EVN will not be paid for, and the Contractor may be required to remove such material and waste or deposit it where directed.

1.2.27 Old Materials

In case EVN requests the Contractor to transfer to EVN, the old materials of value, shipped packages, crating, boxes (except containers), etc. which are found upon the Works, the Contractor will deliver them to the requested location in the Site (Power Station) and hand them over to EVN, under the conditions that no additional service or work, no additional cost nor Governmental procedure such as re-export customs clearance to the Contractor is required. However, in case the Contractor needs to use them for the construction and installation of the Contractor’s W orks, EVN will accept it if such request is reasonable.

1.2.28 Fossils and Archaeological Findings

All objects and structures of value or antiquiη and other remains or paleontological or archaeological findings discovered on the Site of the Works shall be deemed to be the property ofEVN, without exception.

The Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such object, structure or finding and shall immediately, upon discovery and before removal thereof, notify EVN of such discovery and caπY out the orders of EVN as to the treatment and disposal of the same.

Failure to comply with this condition shall be considered and treated as an infraction against public property.

1.2.29 Clean-up

The Contractor shall, at all time during the execution of the Works, keep the Site clean and free from all h잃ards， accumulations of waste materials and rubbish and debris caused by his employees or the W orks. If the Contractor fails to maintain or leave the Site in a clean and tidy condition within a reasonable time of receiving written notice

v-SCC- 50

‘、


from EVN, EVN may remedy this default or cause the samε to be remedied at the Contractor’s expense.

Special attention shall be given to keeping the Equipment structures and surrounding grounds clean. The Contractor shall employ sufficient personnel to thoroughly clean his working areas continuously each working day. Materials and supplies shall be stored in locations such that access ways are not blocked and the area may be cleaned easily.

Within a reasonable period of the complεtion of Performance Tests, the Contractor shall remove from the Site, without expense to EVN, all Temporary Facilities and Works, all surplus materials and rubbish not suitable for on or near site disposal, shall fi11 and dress all holes and cavities made for his convenience, and shall leave the whole area in good order and condition, all as required by EVN. However, EVN/the Consultant Offices and canteen with car parking area shall be taken over to EVN with building facilities, office equipment and 0퍼ce furniture.

The Contractor shall be responsible for treatment and clean-up of the rubbish and debris derived from the construction and Temporary Works at the Site. However, EVN shall be responsible for treatment and clean-up of the rubbish, debris, ash, sludge and gypsurn derived from the commissioning (after initial firing) , reliability run, performance tests and operation.

1.2.30 Equipment Operation

The responsibility for the operation and maintenance of the Equipment shall remain with the Contractor and its engineers until the completion ofPerformance Tests certified by Provisional Acceptance Certificate (Taking Over Certificate).

During the commissioning and testing, EVN operating staff will be on hand and will assist under the direction of the Contractor in day-to-day operations.

It is expected that the number of EVN staff involved in training and assistance in operation will increase from the date of Power Receiving (the starting of Commissioning) .

From the date of completion of Performance Tests certified by the Provisional Acceptance Certificate, the responsibility and risks for the operation and maintenance shall be transferred to and remain with EVN and its engineers.

1.2.31 Environmental Protection during Construction Period

Subject to the Force Majeure and Owner’s Risks, the Contractor shall εnsure that his Si않 management and prevention measures will adequately protect the environment at and surrounding the Site.

v-SCC- 51

\、


In carrying out all works at Site, the Contractor shall take every reasonable precaution to prevent any adverse effect on the local environment. Such effects shall include, but not be limited to, air pollution, water pollution, noise, vibration and soil erosion.

If, in the judgement of EVN, the prevention measures are insufficient, the Contractor shall revise such measures at the Contractor’s expense as directed by EVN.

The Contractor shall be held liable for any damage to crops, cultivated fields or dwellings of persons in the neighbourhood of the Works as a result of dust arising from any act, omission or negligence by the Contractor or his employees, agents or Subcontractors.

1.2.32 Definitions

Item (1) ofGCC Sub-Clause 1.1 is not applicable to this Contract.

1.2.33 Procurement

GCC Sub-Clause 21.2 is not applicable to this Contract.

V-SCC- 52