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    NEPAL ELECTRICITY AUTHORITY(GOVERNMENTOFNEPALUNDERTAKING)

    TRANSMISSION&SYSTEMOPERATIONSYSTEMOPERATIONDEPARTMENT

    TENDERNO: SOD/068/6902

    TENDERDOCUMENT

    FOR

    DESIGN,SUPPLY,DELIVERY,INSTALLATION,

    TESTINGANDCOMMISSIONING

    OF

    REMOTETERMINALUNIT

    IN

    SIMARASUBSTATION

    November2011

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    Table of Contents

    Section I. Invitation for Bids

    Section II. Instruction to Bidders, Bidding Data

    Section III. Sample Forms of Bid, Qualification Information, Letter of Acceptance and

    Agreement, Declaration for E-bidding

    Section IV. General Conditions of Contract (GCC)

    Section V. Special Conditions of Contract (SCC)

    Section VI. Technical Specifications

    Section VII. Technical Data Sheet

    Section VIII. Bill of Quantities

    Section IX. Sample Forms of Securities

    Section X. Rules of Adjudication

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    Section I. Invitation to Bids

    Date of first publication: 2068/8/2 (November 18, 2011)

    1. Contract Identification No: SOD/068/69-02

    2. Nepal Electricity Authority, System Operation Department invites sealed bids (InternationalCompetitive Bidding) (single envelop) from registered contractors for Design, supply, delivery,installation, testing and commissioning of Remote Terminal Unit in Simara Substation.

    3. Local bidders must produce a notarized copy of the certificates of VAT registration and PANregistration at the time of purchase of the bid documents. Local agents/bidders intending topurchase the bid documents on behalf of their principals must produce the authorization from theirprincipals. The bid document shall be available for sale up to one day before the last date of bidsubmission.

    4. Bidding documents may be purchased from the office stated below by eligible Bidders on thesubmission of a written application and upon payment of a non-refundable fee of Rs.2,000 to bedeposited in Account No. 00100105000095 at Everest Bank, Naya Baneswor, Kathmandu.

    5. The bidding document shall also be available on NEA website http://www.e-nea.org.np and thosebidders who wish for e-bidding may obtain further information pertaining to bid from this web site.

    6. Bids must be submitted to the below office on or before 12 noon on Mangsir 23, 2068 (December9, 2011). Alternatively, bidders may submit their bid electronically through e-procurement sectionin NEA website http://www.e-nea.org.np as specified in the instruction to bidders. Documentsreceived after this deadline shall not be accepted. Bids shall be opened in the presence ofBidders' representatives who choose to attend at 14 hours on the same day and place.

    7. For the purpose of the bidders who choose to submit their bid electronically through e-procurement section of NEA website http://www.e-nea.org.np, the bidders may either purchasethe hard copy of the bidding documents directly from the office or download the necessary partsof the bidding documents from the website, prepare their bid and submit their electronic bids asspecified in the instruction to bidders. In case the bidder chooses to submit the bid electronically,the bidder shall be required to submit an electronic scanned copy (*.pdf format) of the bankdeposit voucher of non refundable fee stated above along with the electronic bid files.

    8. Bids must be valid for a period of 90 days after bid opening and must be accompanied by bid

    security, amounting to a minimum of 2.5 % of the quoted Bid amount (inclusive of VAT), whichshall be valid for 30 days beyond the bid validity period.9. If bidder wishes to submit the Bid Security in the form of cash, the cash should be deposited in

    Deposit Account No. 00100105000095 at Everest Bank, Naya Baneswor, Kathmandu and submitthe receipt of the deposited amount of cash along with the bid.

    10. If the last date of purchasing, submission and opening falls on a government holiday then the nextworking day shall be considered as the last day.

    11. Bidders are advised to visit site and assess the actual site conditions before submitting their bid.12. The Employer reserves the right to accept or reject, wholly or partly any or all the bids without

    assigning any reason, whatsoever.13. Eligible Bidders may obtain further information at the office of

    Nepal Electricity AuthoritySystem Operation Department

    Siuchatar, Kathmandu, NepalPh: 4287575, 4278015Fax: 4287742

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    Section II. Instructions to Bidders

    A. General

    1. Scope of WorksThe Employer invites bids for the contraction of works as detailed in attached specifications, drawingsand the bill of quantities provided herein. The successful Bidder is expected to complete the works asmentioned in the Bidding Data.

    2. Eligible BidderThis Invitation for Bids is open to all registered firms or Joint Venture association (JV) of firms withqualifications as described in the Bidding Data. In the case of a JV:

    i. the maximum number of partners in Joint Venture association shall be as specified in theBiding Data

    ii. all partners shall be jointly and severally liable for the execution of the Contract in accordancewith the Contract terms, and

    iii. the JV shall nominate a Representative who shall be authorized to conduct all business for

    and on behalf of any and all the parties of the JV during the bidding process and, in the eventthe JV is awarded the Contract, during contract execution; and this authorization shall beevidenced by submitting a power of attorney signed by legally authorized signatories of all thepartners.

    iv. If a Bidder selected for contract award is a joint venture association then such JV shallregister with the Inland Revenue Office for the Permanent Account Number(PAN) and ValueAdded Tax (VAT)

    3. Qualification of the Bidder

    3.1 All Bidders shall provide Qualification Information in Section III. To qualify for award of theContract, Bidders shall meet the following minimum qualifying criteria:a. general Work Experience as a sole prime contractor or management contractor or partner of

    joint venture association or sub contractor as specified in Bidding Data.b. average annual volume of construction work completed as a sole prime contractor ormanagement contractor or partner of joint venture association or sub contractor in the last tenyears of at least the amount specified in the Bidding Data

    c. successful specific experience as prime contractor or management contractor or partner ofjoint venture association or sub contractor in the construction of at least the number of works,each with a value as specified in Bidding Data of a nature and complexity equivalent to theWorks in the last ten years (to comply with this requirement, works cited shall be at least 80percent complete);

    d. liquid assets and/or credit facilities, net of other contractual commitments and exclusive of anyadvance payments which may be made under the Contract, of no less than the amountspecified in the Bidding Data.

    e. a Contract Manager with five years experience in works of an equivalent nature and volume,

    including no less than three years as a Contract Manager; and other personnel as specified inthe Bidding Data; andf. proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment, in

    working condition for the contract duration, as listed in the Bidding Data;

    3.2 The figures of each of the partners of a joint ventures shall be added together to determine theBidders compliance with the minimum qualifying criteria of ITB Sub-Clause 3.1 above. However,for a joint venture to qualify, each of its partners must meet the qualifying criteria of 3.2(a); atleast the percentage specified in Bidding Data of minimum criteria Sub Clause 3.1(b) and (d) foran individual Bidder and the partner in charge at least the percentage specified in the BiddingData of minimum criteria of Sub Clause 3.1 (b); 3.1(c) and 3.1 (d) .Failure to comply with this

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    requirement will result in rejection of the joint ventures bid. Subcontractors experience andresources will not be taken into account in determining the Bidders compliance with the qualifyingcriteria, unless otherwise stated in the Bidding Data.

    3.3 The values of Turnover and Specific work experiences pursuant to Sub-Clause 3.1 (b) and (c )shall be brought to the current value using the annual inflation rate (National Urban Consumer

    Price Index; Overall Index) published by Nepal Rastra Bank.

    4. One Bid per BidderEach Bidder shall submit only one bid, either individually or as a partner in a joint venture. A Bidderwho submits or participates in more than one bid shall cause all the proposals with the Biddersparticipation to be disqualified. A firm may participate in more than one bid only as a subcontractor.

    5. Cost of BiddingThe Bidder shall bear all costs associated with the preparation and submission of his bid and theEmployer shall in no case be liable for those costs.

    6. Site VisitThe Bidder at his own cost, responsibility and risk may visit the site of the works and acquire all

    necessary information for preparing the bid and entering into a contract for construction of the works.

    B. Bidding Documents

    7. Content of Bidding DocumentsThe Bidding Documents comprise the documents listed below:Section

    I. Invitation for BidsII. Instructions to Bidders, Bidding DataIII. Sample Forms of Bid, Qualification Information, Letter of Acceptance and Agreement,

    Declaration form for E-biddingIV. General Conditions of Contract (GCC)

    V. Special Conditions of Contract (SCC)VI. Technical SpecificationsVII. Technical Data SheetVIII. Bill of QuantitiesIX. Sample Forms of SecuritiesX. Rules of Adjudication

    8. Clarification of Bidding DocumentsA prospective Bidder may request clarification on the bidding documents in writing and the Employershall respond to such request. Copies of the response shall be forwarded to all the purchasers of thebidding documents.

    C. Preparation of Bids

    9. Language of BidAll documents relating to the bid shall be in English or in Nepali.

    10. Documents Comprising BidThe bid by the Bidder shall comprise the following:

    a. Bid and Qualification/ Eligibility Informationb. Bid Securityc. Priced Bill of Quantities

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    d. Rate Analysis (optional at request of Employer)

    11. Bid PricesThe contract shall be for the whole works described in scope of works based on the priced Bill ofQuantities submitted by the Bidder. The Bidder shall fill in rates and prices for all items of the works inNepali Rupees. Items for which no rate or price is entered shall be deemed covered by the other rates

    and prices in the Bill of Quantities and shall not be paid by the Employer.

    All duties, taxes and other levies payable by the contractor under the contract shall be included in therates, prices and total Bid Price submitted by the Bidder.

    12. Bid ValidityThe bid shall remain valid for the period specified in the Bidding Data.

    13. Bid SecurityThe Bidder shall furnish a Bid Security in Nepali Rupees in the amount specified in the Bidding Data.The Bid Security shall remain valid for a period of 30 days beyond the original validity period for bidand any period of extension subsequently requested by the employer.

    The Bid Security shall be in the form of a bank guarantee from a bank acceptable to the Employer ora cash voucher deposited in the Bank Account of the Employer specified in the Bidding Data.

    Any bid not accompanied by an acceptable Bid Security shall be rejected by the Employer. The bidSecurity of a joint venture must define as Bidder all joint venture partners and list them in thefollowing manner: a joint venture consisting of ________, ________ and __________.

    14. Format and Signing of BidsOne original and one duplicate copy of the bid shall be typed or written in indelible ink and shall besigned by a person or persons duly authorized to sign on behalf of the Bidder. This authorization shallconsist of a written confirmation as specified in the Bidding Data and shall be attached to the bid. Thename and position held by each person signing the authorization must be typed or printed below thesignature. Any entries or amendments including alternations, additions or corrections made shall be

    initialed by the same authorized person.

    D. Submission of Bids

    15. Sealing and Marking of BidsThe Bidder shall submit one original and a duplicate copy of the bid. These bids shall be placed insealed envelopes. Both the sealed envelopes shall be placed in an outer envelope which shall also besealed. The inner envelopes shall duly be marked as Original and Copy. The envelopes shall beaddressed to the Employer at the address provided in the Bidding Data and bear the name andidentification number of the contract.

    16. Pre-Bid Meeting

    A Pre-Bid meeting if provided for in the Bidding Data shall be held at least 10 days before the bidsubmission date at the place, date and time as mentioned in the Bidding Data. Any amendment to bemade in the Bid subsequent to the Pre-bid meeting shall be issued within 5 days of the meeting andthe Addendum shall be circulated to all the purchasers of the Bidding Document, The Addendum thusissued shall be a part of the Bidding document.

    17. Deadline for Submission of BidsBids shall be delivered to the Employer at the address no later than the time and date specified in theBidding Data.

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    18. Late BidsAny bid received by the Employer after the deadline shall not be accepted and shall be returnedunopened to the Bidder.

    19. Modification and Withdrawal of Bids19.1 Bidders may modify or withdraw their Bids after it has been submitted by giving a written

    notice, duly signed by an authorized representative and shall include a copy of theauthorization in accordance with Clause 14 before the deadline prescribed in Clause 17. Thecorresponding modification of the bid must accompany the respective written notice.

    19.2 Each Bidders modification or withdrawal notice shall be prepared, sealed, marked, anddelivered in accordance with Clauses 16 with the outer and inner envelopes additionallymarked MODIFICATION or WITHDRAWAL, as appropriate.

    19.3 No bid may be modified after the deadline for submission of Bids.

    E. Bid Opening and Evaluation

    20. Bid Opening20.1 The Employer shall open the bids in the presence of the Bidders' representatives who choose

    to attend at the time and in the place specified in the Bidding Data.

    20.2 First envelopes marked WITHDRAWAL shall be opened and read out and the envelope withthe corresponding bid shall not be opened. No bid withdrawal shall be permitted unless thecorresponding withdrawal notice contains a valid authorization to request the withdrawal andis read out at bid opening. Next envelopes marked Modification shall be opened and readout with the corresponding bid. No bid modification shall be permitted unless thecorresponding modification notice contains a valid authorization to request the modificationand is read out at bid opening. Only envelopes that are opened and read out at the bidopening shall be considered further.

    20.3 The Bidders' names, the Bid Prices, the total amount of each bid, any discounts, bidmodifications and withdrawals, the presence or absence of Bid Security, difference of rate inwords and figures, quoted price for alternate technical specification if proposed, whether theBid Form has signature of the bidder or authorized representative, corrections/effacement orobliteration in bidding document, any remarks made by the bidder in the Bid Form, details ofrates if requested and such other details as the Employer may consider appropriate shall beannounced by the Employer at the opening.

    20.4 The Employer shall prepare and provide minutes of the bid opening including the informationdisclosed to those present.

    21. Process to be ConfidentialInformation relating to the examination, clarification, evaluation and comparison of bids and

    recommendations for the award of a contract shall not be disclosed to Bidders or any otherpersons not officially concerned with such process until the award to the successful Bidder hasbeen announced.

    22. Clarification of Bids and Contacting the Employer22.1 To assist in the examination, evaluation and comparison of Bids, the Employer may, at

    the Employers discretion, ask any Bidder for clarification of the Bidders bid, includingbreakdowns of unit rates. The request for clarification and the response shall be inwriting or by facsimile, but no change in the price or substance of the bid shall besought, offered, or permitted except as required to confirm the correction of arithmetic

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    errors discovered by the Employer in the evaluation of the Bids in accordance withClause 24.

    22.2 Subject to Sub-Clause 22.1, no Bidder shall contact the Employer on any matterrelating to his bid from the time of the bid opening to the time the contract is awarded. Ifthe Bidder wishes to bring additional information to the notice of the Employer, he

    should do so in writing.

    22.3 Any efforts by the Bidder to influence the Employer in the Employers bid evaluation, bidcomparison or contract award decisions may result in the rejection of the Bidders bid.

    23. Examination of Bids and Determination of Responsiveness23.1 Prior to the detailed evaluation of Bids, the Employer shall determine whether each bid

    (a) meets the eligibility criteria defined in Clause 2; (b) has been properly signed; (c) isaccompanied by the required securities; and (d) is substantially responsive to therequirements of the Bidding documents.

    23.2 A substantially responsive bid is one which conforms to all the terms, conditions, andspecifications of the Bidding documents, without material deviation or reservation. A

    material deviation or reservation is one (a) which affects in any substantial way thescope, quality, or performance of the Works; (b) which limits in any substantial way,inconsistent with the Bidding documents, the Employers rights or the Biddersobligations under the Contract; or (c) whose rectification would affect unfairly thecompetitive position of other Bidders presenting substantially responsive Bids.

    23.3 If a bid is not substantially responsive, it shall be rejected by the Employer, and may notsubsequently be made responsive by correction or withdrawal of the nonconformingdeviation or reservation.

    24. Correction of Errors24.1 Bids determined to be substantially responsive shall be checked by the Employer for

    any arithmetic errors. Errors shall be corrected by the Employer as follows:

    a. where there is a discrepancy between the amounts in figures and in words, theamount in words shall govern; and

    b. where there is a discrepancy between the unit rate and the line item totalresulting from multiplying the unit rate by the quantity, the unit rate as quotedshall govern, unless in the opinion of the Employer there is an obviously grossmisplacement of the decimal point in the unit rate, in which case the line itemtotal as quoted shall govern, and the unit rate shall be corrected.

    24.2 The amount stated in the bid shall be adjusted by the Employer in accordance withthe above procedure for the correction of errors and, with the concurrence of theBidder, shall be considered as binding upon the Bidder. If the Bidder does not acceptthe corrected amount, the bid shall be rejected and the Bid Security may be forfeited.

    25. Evaluation and Comparison of Bids25.1 The Employer shall evaluate and compare only the Bids determined to be

    substantially responsive in accordance with Clause 23.

    25.2 In evaluating the Bids, the Employer shall determine for each bid the evaluated BidPrice by adjusting any corrections for errors pursuant to Clause 24;

    25.3 Further the employer shall evaluate :

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    a. Whether the construction work plan, work performance schedule and mobilizationperiod is consistent with the requirement of the bidding document or not,

    b. Whether the quoted item unit rates in the Bill of quantities are reliable or not,c. Whether or not the quoted price is unbalanced due to unnaturally high rates quoted

    by the bidder for work items to be completed in the initial stages of the contract orfor work items whose quantities are assumed by the bidder to be underestimated.

    25.4 If the bid, which results in the lowest Evaluated Bid price, is unbalanced orfrontloaded in relation to the Employers estimate of the items of Work to beperformed under the contract pursuant to clause 25.3, the Employer shall ask thebidder to give clarification with detailed rate analysis for any or all items of the Bill ofQuantities. If the clarification is found satisfactory then the Employer shall increase atthe expense of the bidder the performance security set forth in clause 29 byadditional 8% of the quoted amount to protect the Employer against financial loss inthe event of default of the successful bidder under the contract and if the clarificationis found unsatisfactory then the Employer may reject such bid.

    25.5 The Employer reserves the right to accept or reject any variation deviation oralternative offer. Variations, deviations, and alternative offers and other factors whichare in excess of the requirements of the Bidding documents or otherwise result in

    unsolicited benefits for the Employer will not be taken into account in bid evaluation

    F. Award of Contract

    26. Selection for Award of Contract26.1 The Employer shall select and award the contract to the Bidder who has offered the

    lowest evaluated Bid Price, provided that such Bidder has been determined to beeligible in accordance with the provisions of clauses 2.and 3. and no application forreview of decision is received from other bidders pursuant Sub-Clause 26.3

    26.2 The Employer shall notify its intention to award the Contract to the selected bidder inaccordance with Sub-Clause 26.1 within 7 days of selection of his bid. The employershall also provide information regarding the name, address and the contract amount

    of the successful bidder to all the bidders who participated in the bid.

    26.3 Any Bidder who is not satisfied with the procurement process or Employers decisionprovided as per Sub - Clause 26.2 and believes that the Employer has committed anerror or breach of duty which has or will result in loss to the bidder then the biddermay give an application for review of the decision to the Employer with reference tothe error or breach of duty committed by the Employer. The review application shouldbe given within 7 days of receipt of information regarding the issue of letter by theEmployer notifying its intention to award the contract to the successful bidder.

    26.4 If the review application is not received by the Employer as per clause 26.3 then thebid of the Bidder selected as per Sub- Clause 26.1 shall be accepted by theEmployer.

    27. Employer's Right to Accept any Bid and to Reject any or all BidsThe Employer reserves the right to accept or reject any bid and to cancel the bidding process andreject all bids, at any time prior to the award of the contract, without assigning any reasonswhatsoever and without thereby incurring any liability to the affected Bidder or Bidders.

    28. Notification of Award and Signing of Agreement28.1 The Bidder, whose bid is accepted in accordance with Sub-Clause 26.4, will be notified of

    the award by the Employer prior to the expiration of the bid validity period. This notification(called the Letter of Acceptance) shall state the sum that the Employer shall pay the

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    Bidder in consideration of the execution, completion, and maintenance of the works asprescribed by the contract.

    28.2 Within 15 days after receipt of the Letter of Acceptance, the successful Bidder shall deliverto the Employer a Performance Security in the amount pursuant to Sub Clause 29 andsign the Contract Agreement.

    28.3 If the successful bidder fails to deliver the Performance Security and sign the Agreementpursuant to Sub-Clause 28.2 and if required an additional amount pursuant to Sub-Clause25.4 then the Employer shall forfeit the Bid Security of the bidder and accept the bid ofimmediately next lowest evaluated substantially responsive bidder.

    28.4 Upon the furnishing by the successful Bidder of the Performance Security and signing of theAgreement, the Employer shall promptly notify the other Bidders that their Bids have beenunsuccessful.

    29. Performance SecurityWithin 15 days after receipt of the Letter of Acceptance, the successful Bidder shall deliver to theEmployer a Performance Security in acceptable format to the Employer as specified in Section IX and

    equal to five percent (5%) of the contract Agreement Amount.

    30. Advance PaymentThe Employer shall make Advance Payment on the Initial Contract Price as stipulated in the Letter ofAcceptance, subject to a maximum amount

    as stated in the Bidding Data.

    31. Additional SecuritiesThe Contractor shall provide additional Performance Security pursuant to Sub - Clause 25.4

    32. AdjudicatorThe Employer proposes the person named in the Bidding Data to be appointed as Adjudicator underthe Contract, at the hourly fee specified in the Bidding Data, plus reimbursable expenses.

    If the Bidder disagrees with this proposal, the Bidder should so state in his Bid. If, in the Letter ofAcceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer willrequest the Appointing Authority designated in the SCC at the request of either party.

    33.Conduct of Bidders33.1 The Bidder shall be responsible to fulfil his obligations as per the requirement of the ContractAgreement, Bidding documents, GoNs Procurement Act and Regulations.

    33.2 The Bidder shall not carry out or cause to carryout the following acts with an intention toinfluence the implementation of the procurement process or the procurement agreement :

    a. give or propose improper inducement directly or indirectly,b. distortion or misrepresentation of factsc. engaging or being involved in corrupt or fraudulent practice

    d. interference in participation of other prospective bidders.e. coercion or threatening directly or indirectly to cause harm to the person or the property of

    any person to be involved in the procurement proceedings,f. collusive practice among bidders before or after submission of bids for distribution of works

    among bidders or fixing artificial/uncompetitive bid price with an intention to deprive theEmployer the benefit of open competitive bid price.

    g. contacting the Employer with an intention to influence the Employer with regards to the bid orinterference of any kind in examination and evaluation of the bids during the period afteropening of bids up to the notification of award of contract

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    34. Blacklisting Bidder34.1 Without prejudice to any other right of the Employer under this Contract, GoN, Public

    Procurement Monitoring Office may blacklist a bidder for his conduct up to three years onthe following grounds and seriousness of the act committed by the bidder:

    a. if it is proved that the bidder committed acts pursuant to the Sub Clause 33.2,

    b. if the bidder fails to sign an agreement pursuant to Sub clause 28.4,c. if it is proved later that the bidder/contractor had committed substantial defect in

    implementation of the contract or had not substantially fulfilled his obligations underthe contract or the completed work is not of the specified quality as per the contract ,

    d. if convicted by a court of law in a criminal offence which disqualifies the bidder fromparticipating in the contract.

    e. if it is proved that the contract agreement signed by the bidder was based on false ormisrepresentation of bidders qualification information,

    f. other acts mentioned in the Bidding Data

    34.2 A firm declared blacklisted and ineligible by the GoN shall be ineligible to bid for a contractduring the period of time determined by the PPMO.

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    G. Bidding Data

    Instruction to Bidders Clause References

    A. General

    ITB 1 The Employer is: Nepal Electricity Authority (NEA)

    The major works to be carried out by the Contractor are:a. Design, supply, delivery, installation, testing and commissioning of Remote Terminal

    Unit (RTU) in Simara Substation.

    b. The works shall be complete with all accessories (power supply, Central ProcessingUnit, digital input / output card, GPS and others) for efficient and trouble-free operationas specified hereunder.

    ITB 2 Following is the addition of new definitions:

    "Bidder" shall mean a legally registered entity submitting the Bid proposal. The entity

    may be a supplier or manufacturer of the tendered Goods or contractor or anycombination of them in the form of a Joint Venture.

    "Joint Venture" shall mean a legally enforceable association constituted by legally

    registered entities with the purpose of committing the obligations required by the Bid.

    "Goods" shall mean equipment, plant, goods, materials, etc. to be supplied and installed

    for the completion of the work as particularly described in the specifications.

    The offered Goods shall be in conformity with the specifications. The Bidder shall fill in

    the technical Data sheet provided in the bidding document. In order to prove that the

    goods offered are conformity with the specifications, the Bidder shall furnish

    documentary evidence in the form of literature (catalogue), drawings, detailed

    descriptions of goods with essential technical and performance characteristics and type

    test reports wherever called for. The type of test certificate, if applicable, shall cover all

    type of tests as per the latest version of relevant standard mentioned in the specification.

    The type test conducted earlier than five (5) years from the last date of submission of

    bids shall not be acceptable.

    The Bidder shall fill in all the bidding forms provided in the Bidding document and shall

    furnish the information required by these forms.

    Bidders Eligibility Requirement:a) Up to date Firm/Company Registration Certificateb) Business Registration Licensec) VAT and PAN Registration Certificates (in case of Foreign bidders, it is not requiredfor bid submission but must do so if the contract is awarded, at the earliest possible afterthe Contract signing but not later than 30 days)d) Tax Clearance Certificate or

    Submissions of Tax Returns up to 2067/68 (2010/11)e) A written declaration made by the Bidder stating that the Bidder is not ineligible to

    participate in the Bid; has no conflict of interest in the proposed bid procurementproceedings and has not been punished for the profession or businesses relatedoffence.

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    f) Joint Venture Authorization/ Agreement (if any)g) Notarized power of attorney authorizing the signatory of the bid to commit the Bid onbehalf of the Bidderh) Other documents as needed

    Maximum number of members in a Joint venture: Three

    ITB 3.1 Delete ITB clause 3.1 and replace it with the following:

    Failure to meet legal status or furnish appropriate certificates with adequate information

    to support the qualification of the Bidder as required under this Clause shall result in

    disqualification of the Bid.

    1. Legal status1.1 For the Bidder which is not a Joint Venture (JV):

    The Bidder shall be a manufacturer or a contractor legally registered for at least five

    (5) years. A notarized copy of legal registration certificate shall be submitted along

    with the Bid.

    1.2 For the JV Bidder:(a) Original of Joint Venture agreement legally binding on all JV partners shall be

    included in the Bid. The joint venture agreement shall bear the seal of theentities and signatures of personnel authorized by the respective entitiesforming the joint venture. All such authorization documents shall also beincluded in the Bid. These authorization documents shall be on originalletterhead of the respective entity with stamp/seal of the entity.

    (b) The number of joint venture partners shall not exceed three (3).(c) The lead partner of the JV shall be a manufacturer or contractor legally

    registered for at least five (5) years.(d) The other partners of JV shall be manufacturers or contractors legally

    registered for at least three (3) years.

    (e) Notarized copies of legal registration certificates for each JV partners shall besubmitted along with the Bid.

    2. Project Experience2.1 For the Bidder which is not joint venture (JV):

    (a) The Bid shall included certificates from the end users validating that the bidderhas successfully completed design, supply, construction, installation andcommissioning of at least one contract of similar size and nature,or number of contract of similar nature whose aggregate size is notless than the size of this bid. The date in the end user certificates shall notbe earlier than last five (5) years from the last date of bid submission.

    (b) The end user's certificates included in the Bid shall be on the end user's original

    letter head with valid address for correspondence and signed by or on behalf ofthe end user.

    2.2 For the JV Bidder:

    (a) The lead partner shall have completed at least one project of size which is atleast 60% of the project experience stated above.

    (b) Each of the other partners of the JV shall have accomplished at least one projectof size at least 20% of project experience stated above.

    (c) The Bid shall include certificates from the end users for the lead partner andeach of the other partners validating that they have successfully completed

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    design, supply, construction, installation and commissioning of projects of thesize stated in 2.2 (a) and (b) above. The date of the end user certificates shallnot be earlier than last five (5) years from the last date of the bid submission.

    (d) The JV partners together shall have successfully completed design, supply,construction, installation and commissioning of projects whose aggregate size isnot less than the size of this Bid.

    3. Financial capacity of the Bidder3.1 Financial statements:

    The Bidder including joint venture partners, if any, shall submit audited

    financial statements (Balance sheet and profit and loss account) for the last

    three (3) fiscal years. Balance sheet and profit and loss account sheet shall be

    signed and sealed by the registered auditor(s).

    3.2 Line of credit:In the event that the working capital of the Bidder (including each of the JV

    partner) is to be supplemented with the line of credit from a bank, the Bidder

    shall submit original letter of the Bank pledging unequivocally that the Bank will

    provide required financial support in case the Bidder is awarded the contract.The amount of line of credit shall be clearly mentioned in the bank letter. The bid

    title and the bid number shall also be mentioned in the bank letter.

    3.3 Average annual turnover:(a) For the Bidder which is not a Joint Venture:

    The Bidder shall have average Annual Turnover (defined as the total

    payments received by the Bidder averaged over last three years period) of at

    least equivalent to Rs.13,339,096.

    (b) For the JV Bidder:The average Annual Turnover of the lead partner shall not be less than 51%

    of the amount stated above in the sub clause 3.3 (a). Average AnnualTurnover of other partners shall not be less than 10% of the amount stated in

    sub-clauses 3.3 (a). Aggregate Annual Turnover (with line of credit facilities)

    of all the JV partners shall not be less than the values specified in sub-

    clauses 3.3 (a).

    3.4 Availability of Financial Resources (Working Capital):(a) For the Bidder which is not a Joint Venture:

    The Bidder shall have Working Capital (defined as total current assets less

    total current liabilities) of at least Rs.1,889,705 in the last Fiscal Year.

    If the Bidder's Working Capital is inadequate, the Bidder shall supplement

    Working Capital with banker's letter confirming the availability of a line ofcredit such that aggregate of the Bidder's Working Capital for the last fiscal

    year and the line of credit shall not be less than the required amount.

    (b) For the JV Bidder:Working Capital of the lead partner shall not be less than 51% of the amount

    stated above in sub-clause 3.4(a). Working Capital of other partners shall not

    be less than 10% of the amount stated in sub-clauses 3.4 (a). Aggregate

    Working Capital (with line credit facilities) of all the JV partners shall not be

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    less than the value of specified in sub clauses 3.4 (a).

    4. Quality of GoodsIn case the Bidder is not the manufacturer of Goods offered, the Bidder shall

    submit manufacturers certificate authorizing the Bidder to supply the

    manufacturers Goods. This certificate shall bear details of the Goods that the

    manufacturer will be supplying under the authorization. The authorization shall

    be on the manufacturers original letterhead with seal/stamp of the manufacturer.

    The manufacturer of Goods to be supplied under this Bid shall hold valid quality

    ISO certificate as required by the specifications and a copy of ISO certificate

    shall be included in the Bid.

    Type test certificate, if applicable, shall be included in the Bid and shall bear a

    date that is not earlier than five years from the last date of Bid submission. The

    type test certificate shall have been issued by a reputed independent laboratory.

    5. Manufacturers Experience

    The Bidder shall submit at least two numbers of end user certificates showingthat the manufacturer has successfully completed the supply of Remote

    Terminal Unit (RTU) at least twice the bid quantity of offered items as a main

    supplier over last five (5) years period ending on the last date of bid submission.

    Out of supplied quantity, a minimum of half the bid quantity for each item offered

    shall have been in operation satisfactorily to the end users for at least one (1)

    year. The end user certificates shall be on the letterhead of the end user with

    valid address for correspondence and signed by or on behalf of the end user.

    6. MiscellaneousThe Bidder or any of the Joint Venture partners shall not be on the blacklist

    circulated by Public Procurement Monitoring Office, Government of Nepal orNepal Electricity Authority.

    7. Litigation historyThe Bidder including all joint venture partners, if any, shall submit all claims,

    arbitration or other litigation, pending or already resolved from the contracts

    executed or currently under execution. The Bidder shall indicate for each case

    the year, name of employer, cause of litigation, matter of dispute, dispute

    amount, and whether the award was for or against the company. A consistent

    history of awards against the Bidder of any partner of a joint venture may result

    in rejection of Bid.

    8. Work Completion ScheduleSubmit proposals regarding completion scheduling which shall be provided to

    complete the works in accordance with the specifications and the time for

    completion. Bids with work schedule showing completion date beyond the

    required time for completion shall be disqualified.

    ITB 3.2 Refer to ITB 3.1 (above)

    ITB 3.3 To be deleted

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    B. Bidding Documents

    ITB 8 Employers address for clarification purposes is:The Director,

    System Operation DepartmentNepal Electricity Authority (GOVERNMENT OF NEPAL Undertaking)Siuchatar, Kathmandu, NepalTel: +977 1 4287575

    Fax : +977 1 4287742

    Requests for clarification should be received by the Employer no later than: 10 daysbefore the bid submission date

    C. Preparation of Bids

    ITB 9 The language of the bid is: English or Nepali

    ITB 12 The bid validity period shall be: 90 days from the date of submission of Bid

    ITB 13 Amount of Bid Security shall be: not less than 2.5 % of Bid amountThe bid security validity shall be: 120 days from the date of submission of BidThe Bank Account of the Employer:

    Account No. 00100105000095Everest Bank, Baneswor, Kathmandu, Nepal

    ITB 14 The written confirmation of authorization to sign on behalf of the Bidder shall indicate:a. The name and description of the documentation required to demonstrate the

    authority of the signatory to sign the Bid such as a Power of Attorney; andb. In the case of Bids submitted by an existing or intended JV an undertaking signed

    by all parties (i) stating that all parties shall be jointly and severally liable, and (ii)nominating a Representative who shall have the authority to conduct all businessfor and on behalf of any and all the parties of the JV during the bidding processand, in the event the JV is awarded the Contract, during contract execution.

    D. Submission of Bids

    ITB 16 A Pre-Bid meeting shall nottake place.

    ITB 17 The Employers address for bid submission purposes is:System Operation DepartmentNepal Electricity AuthoritySiuchatar, Kathmandu, NepalTel: +977 1 4287575

    Fax : +977 1 4283875

    The deadline for bid submission is:Date: Mangsir 23, 2068 (December 9, 2011)Time: 12 hours

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    E. Bid Opening and Evaluation

    ITB 20 The bid opening shall take place at:

    Address:

    System Operation DepartmentNepal Electricity AuthoritySiuchatar, Kathmandu, NepalTel: +977 1 4287575

    Fax : +977 1 4283875

    Date: Mangsir 23, 2068 (December 9, 2011)Time: 14 hours

    ITB 22 Add new item 22.4 as follows:

    In case of e-submission of bid, the Bidder shall be required to submit the original

    Completed Bid consisting of Forms of Bid, Qualification Information, Bill of Quantities,etc. as listed in Special Instruction to Bidders for e-bidding Clause A (ii) for verificationpurpose upon notification to do so from Employer within 3 days

    ITB 23.3 Add the following:

    Bids shall be rejected as being non-responsive under any of the following conditions:

    a. The bidder has not purchased and returned the original document issued by NEA.

    b. The Bid Document is issued in the name of one firm and Bid proposal submitted

    by another firm. The bid has been purchased in the name of single firm and

    submitted in the name of Joint Venture and vice versa. ( In case of Joint Venture

    the Bid must be purchased in the name of the Joint Venture.)

    c. The Bid does not contain wax sealed bid proposal.d. The Bid is not signed and stamped by the bidder or their authorized

    representative.

    e. It is proved that bidders have submitted the bids by making such arrangements

    that limits the participation of other bidders or influences the bid price in any

    manner.

    f. The Bid is received by NEA after the deadline for submission of Bids.

    g. If a bidder participates in more than one bid proposal.

    h. If a joint venture involves more than three partners.

    i. All the information required by the bid document is not mentioned or falsely

    quoted.

    j. The documents and guarantee/bank voucher as required by the bid are notattached with the bid proposal.

    k. The notarized copy of joint venture agreement is not attached, in case the bidder

    is participating in the bid in Joint Venture.

    l. In case of Foreign Bidder operating through Local Agent in Nepal, the amount of

    commission, currency of payment, and method of payment to the bidders agent

    are not revealed.

    m. Any other conditions/information about the local agent is not revealed or falsely

    mentioned.

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    n. The notarized power of attorney to sign the bid on behalf Bidder and the joint

    venture (if any) is not attached.

    o. The percentages of liability among joint venture partners are not clearly

    mentioned.

    p. The bid is conditional.

    q. Any conditions mentioned in tender invitation are not fulfilled.r. Data on qualifications of Bidder/ Manufacturer are not filled and the supporting

    documents required by the forms are not furnished.

    s. Proposed delivery schedule showing completion dates more than NEAs

    requirement.

    t. The Bid fails to satisfy that Bid is fully cognizant of the scope and details of the

    work involved.

    u. The Bid does not contain technical information and documents for major items

    required by the Specifications for materials on which the bidder is offering.

    v. The offered goods are not substantially in compliance with the specification.

    w. If the attached Technical Data Sheet in the specification is not properly completed

    and/or data furnished are not supported by the catalogues and test reports

    (wherever required).

    x. Qualification criteria as per ITB, Bidding data are not met.

    y. The description provided by the bidders pertaining to the qualification is found to

    be false or is substantially incomplete.

    z. The bidder is blacklisted in its contractual obligations in past NEA contracts.

    aa. If the required documents are not submitted authenticated English version.

    However the documents in Nepali language issued from the concerned authority

    of Nepal will also be accepted.

    bb. The bidder does not offer all the items and quantity specified in Price Schedule.

    cc. The Bid Security (Bid Bond) is not enclosed pursuant to ITB Clause 13 or is not

    acceptable in form and / or substance.

    dd. The Bid has price escalation clause.ee. The Bid Security submitted is not specifically mentioned to be applicable to the

    offer of the Bidder.

    ff. The Bid Bond submitted by someone other than the Bidder does not clearly

    mention that the Bond is submitted on behalf of the Bidder in the Bid Bond itself.

    gg. The Bid Bond is not in the name of Joint Venture, in case of Joint Ventures.

    hh. The bid price of lowest substantially responsive bidder is substantially higher than

    the estimated price.

    ii. The Bidder does not submit the original completed Bid document/clarification to

    Special Instruction to Bidders for e- Bidding clause B (iii) for within 3 days.

    F. Award of Contract

    ITB 30 The Advance Payment amount shall be: limited to 10% of the initial contract price

    ITB 32 The Adjudicator proposed by the Employer is: Not applicableThe hourly fee for this proposed Adjudicator shall be: Not applicableBrief biographical data of the proposed Adjudicator is as follows: Not applicable

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    Special Instruction to Bidders for e-Bidding

    A) Bid submission procedures through electronically (e-submission) only:

    i. Interested eligible bidders shall, either purchase the hard copy of the bidding document

    directly from the Employers office as specified in the Invitation for Bid (IFB) or maydownload the necessary parts of the bidding documents from e-procurement section inNEAs web site http://www.e-nea.org.np. In case, the bidders choose to download thebidding documents, prepare the bids on downloaded documents, and submit their bidselectronically. The Bidders shall be required to deposit the non refundable fee for thebidding document (as specified in the bid notice) in the bank account specified in theIFB and electronic scanned copy (*.pdf format) of the bank deposit voucher shall alsobe submitted along with the electronic bid files.

    ii. The Bidder shall fill the following documents and forms (in hard copy of issued biddocuments), signed by the authorized representative with seal of the company.

    a) Bill of Quantity (BOQ) with rate, amount, b) Forms of Bid, Qualification Information

    The Bidder shall then scan the completed original documents, forms in PDF formats withappropriate filename shown if the table below.

    S.No. Document PDF File name Requirement Remarks

    1 Form of Bid Bid form -1 Mandatory

    2 Bid Security (BankGuarantee)

    Bid security-2 Mandatory

    3 Company registration, Company reg-3 Mandatory All firms in case

    of JV4 VAT/PAN registration, VAT reg-4 Mandatory for

    National firmsAll firms in caseof JV

    5 Tax clearancescertificate,

    Tax-5 Mandatory forNational firms

    All firms in caseof JV

    6 Power of Attorney of Bidsignatory

    Power of att-6 Mandatory

    7 Joint venture agreement JV doc-7 Mandatory

    8 Qualification Information Qualifications-8 Mandatory

    9 BOQ with rate, amountand total amount

    BOQ-9 Mandatory

    10 ManufacturersAuthorization

    Authorization -10

    Mandatory

    11 Technical Data Sheet TDS-11 Mandatory

    12 Certification Documents Certifications-12 Mandatory

    13 Declaration Form Declaration-13 Mandatory

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    Note: Mandatory means the mentioned files shall be included in e-submission and non-submission of such file shall be considered as non-responsive bid.

    iii. For e-submission purpose the Bidder shall, at first, register in the e-procurement sectionNEAs web site http://www.e-nea.org.np .

    iv. After preparing all the required bidding documents in PDF, scan the files as specified in(ii).

    v. The Bidder shall upload the PDF bid files and submit the complete bid online through e-procurement section of NEAs website http://www.e-nea.org.np within the specifieddate and time.

    vi. The e-procurement system will accept the e-submission of bid from the date afterpublishing of notice and will automatically disallow the e-submission of bid after thedeadline for submission of bid, as specified above.

    vii. The standard time for e-submission is Nepalese Standard Time as set out in the server ofIT Department of NEA.

    viii. When a bidder submits his bid in hard copy, the e-procurement section does not allowthe bidder to submit his Substitution or Modification or Withdrawal through e-procurement section of NEAs web site.

    ix. Bidders may submit his Substitution or Modification or Withdrawal either in hard copyor through e-submission.

    x. For Substitution of Bid, the Bidder shall follow similar steps as specified in ITB Clause -22 with a Substitution letter in PDF file.

    xi. For Modification or Withdrawal of bid, the Bidder is required to submit PDF scan copyof their Modification or Withdrawal letter and a written Power of Attorney of thesignatory for Modification/ Withdrawal, duly signed by Authorized Representative/s ofthe Firm / all authorized Joint Venture partners.

    xii. When a Bidder submits electronic bid by downloading the bidding documents from theNEAs webpage it is assumed that the Bidder prepares his bid by studying andexamining all the Bidding documents including specifications and conditions of contract.

    xiii. In case the Bidder choose to download the bidding documents and deposit the cost of

    bidding documents (as specified in the bid notice), such deposited amount shall beverified by the office during bid evaluation process. The bid shall be considered as non-responsive and shall not be evaluated if the specified cost for bidding document is notdeposited in the Employers Revenue account.

    xiv. Proposed facility for submission of bid electronically through e-submission is to increasetransparency, non-discrimination, equality of access, and open competition. The Biddersshall be fully responsible to use the e-submission facility in e-procurement section ofNEAs website http://www.e-nea.org.np in specified procedures and in no case theEmployer shall be held liable for Bidders inability to use this facility.

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    B) Requirements and Conditions for e-submission of bid:

    i. The Bidder shall submit his bid electronically in PDF files in the manner as specifiedabove, and additional submission of hard copy of original plus one copy of bid is notmandatory.

    ii. In case, if both the electronic bid and original bid in hard copy are submitted to theEmployer within the bid submission deadline, the Bidder's electronic bid and original bidin hard copy will be accepted for evaluation provided the facts and figures in hard copyconfirm to the PDF files in electronic bid. If there is any discrepancy in fact and figuresbetween the electronic bid and original bid in hard copy, it will be treated as two separatebids from one Bidder and hence, both the electronic bid and original bid in hard copyshall be disqualified.

    iii. However, for electronically submitted bid in PDF files, the Bidder shall be required tosubmit documents/clarifications for verification purpose upon notification to do so fromthe Employer within 3 days.

    iv. The e-submitted bids must be readable through open standards interfaces. Unreadableand or partially submitted bid files (not complying with the ITB Clauses) shall beconsidered incomplete and rejected for further bid evaluation.

    v. In addition to electronically submitted PDF files, the Bidder shall be required to submitdocuments and clarifications as required by the Employer. Non-submission of suchdocuments and or clarifications by the Bidder within specified time may cause forfeitureof Bid Security.

    vi. In case of major discrepancy found between electronically submitted PDF bid files and

    documents/ clarifications provided by the Bidder, the bid shall not be considered forfurther evaluation.

    vii. The Bidder shall attach the Bid Security Guarantee in the format attached in the BidDocument. The Bid Security may be forfeited

    a. if the Bidder does not respond to and/or submit the documents and or clarificationswhen requested by the Employer.

    b. if major discrepancy is found between e-submitted bid information anddocuments/clarifications provided by the Bidder during verification process asrequested by the Employer.

    C) Bid Opening process for e-submitted bid

    i. Electronically submitted bid shall be opened first at the Bid opening time.

    ii. The e-procurement system allows the Employer to download and open the e-submittedbid files from the bidders only after the time for opening the bids.

    iii. The e-submitted bids must be readable through open standards interfaces. Unreadable

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    and or partially submitted bid files (not complying with the ITB Clauses) shall beconsidered incomplete and rejected for further bid evaluation.

    iv. After opening of e-submitted bids files, all files shall be printed and recorded at the timeof bid opening.

    b) In case of "WITDRAWAL" or "MODIFICATION" or "SUBSTITUTION" by theBidder through e-submission, the e-submitted PDF files under "WITDRAWAL" or"MODIFICATION" or "SUBSTITUTION" shall be opened and read out first. Bids forwhich acceptable notice of "WITDRAWAL" or "SUBSTITUTION" has been submittedpursuant to ITB Clause shall not be opened.

    D) Bid Evaluation and Comparison process for e-submitted bid

    i. In case of e-submitted bids, the Employer evaluates the bid based on the information asper electronically submitted bid files. For clarification/ verification purpose, theEmployer may request the Bidder to submit documents/ clarifications.

    ii. In case, the Bidder could not substantiate or provide evidence to prove the informationprovided in e-submitted bid through documents/clarifications, the bid shall not beconsidered for further evaluation and respective ITB Clause for forfeiture of bid securityshall be applicable.

    iii. The e-submitted bids must be readable through open standards interfaces. Unreadableand or partially submitted bid files (not complying with the ITB Clauses) shall beconsidered incomplete and rejected for further bid evaluation.

    E) Qualification Information

    In case of e-Bidding, the Bidder is required to submit the documents to prove minimumqualification requirements only and not the detail documents.

    F) Bid Security Format

    Form of Bid security shall include the provision as This Bank Guarantee shall not bewithdrawn or released merely upon return of the original Guarantee by the Bidder unlessnotified by the Employer for the release of the Guarantee.

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    Section III. Sample Forms of Bid, Qualification Information,Letter of Acceptance and Agreement,

    Declaration for E-bidding

    Bid

    We have examined the documents and offer to execute the Works in conformity with theContract for the sum of . .. (in words)(in figures) or such other sum as may be ascertained under thecontract.

    This bid is submitted in one original and one duplicate copy.

    We accept the appointment of [______________name proposed in Bidding Data]as theAdjudicator

    [or]

    We do not accept the appointment of [name proposed in Bidding Data]as the Adjudicator,and propose instead that [name] be appointed as Adjudicator, whose daily fees andbiographical data are attached.

    This bid shall remain binding until ____________________[date]. This bid and your writtenacceptance of it shall constitute a binding contract between us. We understand that theEmployer is not bound to accept the lowest or any offer received for the Works.

    Signature _____________________________ Date:_________________________________Name : _______________________________Designation: ______________________Authorized to sign on behalf of (organisation name): _______________________________Office Stamp of the Organisation: ____________________________________

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    LIST OF QUALIFICATION FORMS

    1. FORM 1.1 STATEMENT & LEGAL STATUS OF BIDDER

    2. FORM 1.2 EXPERIENCE RECORD OF BIDDER

    3. FORM 1.3 PROJECTS COMPLETED BY BIDDER, J.V. PARTNERS

    4. FORM 1.4 PROPOSED SUBCONTRACTORS AND FIRMS INVOLVED

    5. FORM 1.5 FINANCIAL STATUS OF BIDDER

    6. FORM 1.6 ADDRESS OF BANK

    7. FORM 1.7 LITIGATION HISTORY

    8. FORM 1.8 STATEMENT OF COMPLIANCE

    9. FORM 1.9 CONSTRUCTION SCHEDULE

    10. FORM 2 JOINT VENTURE DATA

    11. FORM 3 EXPERIENCE RECORD OF MANUFACTURER

    12. FORM 4 MANUFACTURER'S AUTHORIZATION CERTIFICATE

    13. FORM 5 ISO 9001 CERTIFICATE

    14. FORM 6 DECLARATION OF FIRM PRICE

    15. FORM 7 DECLARATION OF LOCAL AGENT

    16. FORM 8 DEVIATIONS FROM SPECIFICATION

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    FORM 1.1STATEMENT & LEGAL STATUS OF BIDDER(To be submitted for Bidder and JV Partners)

    1. Name of Bidder: ____________________________________________

    2. Address of Head office:_____________________________________________________

    3. Legal Status: ___________________________________________________________

    4. Place and Date of Business: _________________________________________

    5. Registration Certificate: Date / Place: ______________________________[Attach Copies]

    6. VAT and PAN Registration Certificate: ____________________________[Attach Copies]

    7. Tax Clearance Certificate or Submissions of Tax Returns as specified in Bidding Data

    [attach copies]

    8. Participation with Other Companies as Joint Venture YES/ NO

    9. Branch of Specialization Field of Activities

    1) Main field of activities:_______________________________________

    2) Other field of activities:______________________________________

    i.. Name and Address of Leading company (in case the Bidder is of joint venture)

    ________________________________________

    (Name and Address of Head Office)

    ii. Attach Company Registration Certificate indicating Legal Status of Bidder andPower of Attorney for Bidder and all JV Partners.

    I / We hereby declare that the We [Bidder].. is eligible to participate in the Bid; has noconflict of interest in the proposed bid procurement proceedings and has not been punished forthe profession or businesses related offence.

    Signature of Bidder: _________________________________________

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    FORM 1.2EXPERIENCE RECORD OF BIDDER

    (To be submitted for Bidder and all J.V. Partners)

    1. Number of years organization has been in business as a contractor under present business name:

    __________

    2. Number of years of experience in design, supply, delivery, installation, testing and commissioning ofRemote Terminal Unit (RTU).

    a) As a Principal Contractor : __________________

    b) As a Sub-contractor : _________________

    3. Indicate number of projects undertaken in the last five years:

    a) Home country : (a) ________________

    b) Nepal : (a) ________________

    c) Elsewhere : (a) ________________

    4. Total Annual volume of Construction work performed in last five years

    Year . Amount of Work NRsYear . Amount of Work NRsYear . Amount of Work NRsYear . Amount of Work NRsYear . Amount of Work NRs

    5. Have you ever failed to complete any work awarded to you? Yes/No

    If yes, where and explain why? ________________________________________

    Signature of the Bidder: ____________________________

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    FORM 1.3PROJECTS COMPLETED BY BIDDER, J.V. PARTNERS

    (To be submitted for Bidder and all JV Partners for projects completed in last

    Work performed as prime Contractor or member of a joint venture on works of a similar nature and volume over the las

    Nepalese Rupees along with exchange rate used. Also list details of work under way or committed, including expected

    Name of Project Owner \ Country Description of Works / Agreement date Contract Amount

    _____________________ ________________ ________________________ ___________

    _____________________ ________________ ________________________ ___________

    _____________________ ________________ ________________________ ___________

    _____________________ ________________ ________________________ ___________

    _____________________ ________________ ________________________ ___________

    _____________________ ________________ ________________________ ___________

    ____________________ ________________ ________________________ __________

    _____________________ ________________ ________________________ ___________

    Signature of Bidder : __________________________________

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    FORM 1.4

    PROPOSED SUBCONTRACTORS AND FIRMS INVOLVED.

    Proposed subcontracts and firms involved.

    Sections of the Value of Subcontractor Subcontractor Experience inWorks subcontract name Address

    (including tel. andfax no.)

    similar work

    1.

    2.

    3

    4

    5

    6

    7

    Signature of the Bidder: ____________________________

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    FORM NO. 1.5FINANCIAL STATUS OF BIDDER

    The Bidder and all JV partners shall fill in the blanks for each of the last three fiscal years. The amount sh

    Financial Actual: in Previous Three Years

    information (NRs) 3 2 1

    1. Total Asset

    2. Current Asset

    3. Total Liabilities

    4. Current Liabilities

    5. Profit before taxes

    6. Profit after taxes

    7. Turnover

    8. Working Capital

    Exchange rate adopted

    for the equivalent _______________________________________

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    Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of cresupport documents.

    Credit facility: (list names of institutions and credit facilities (amount))

    Name of Financing institution Amount of Credit Facility (Currency)

    ____________________________________________ _______________

    ____________________________________________ _______________

    ____________________________________________ _______________

    Attach Audit Report certified by Auditor and Original Letters of reference from banks and lime of credit, if necrequirement of bidding document.

    Signature of Bidder : _____________________________

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    FORM 1.6

    ADDRESS OF BANK

    Name, address, telephone and facsimile numbers of banks that may provide references if

    contacted by the Employer.

    Name Address Telephone/faxnumber

    E-mail address

    1.

    2.

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    FORM 1.7Litigation History

    Name of Bidder or Joint Venture:

    Bidders, including each of the partners of joint venture, shall provide information on any history of litigation orthe last five years or currently under execution. A separate sheet should be used for each partner of joint ventu

    Year Other Parties cause of litigation, and matter in dispute

    Signature of Bidder : _____________________________

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    FORM 1.8

    STATEMENT OF COMPLIANCE

    1. This invitation for Bids is open to all registered Bidders with qualifications as described inthe bidding Data.

    2. Provide, a statement that the Bidder (including all members of a joint venture andsubcontractors) is not associated, nor has been associated in the past, directly orindirectly, with the consultant or any other entity that has prepared the design,specifications and other documents for the Project or being proposed as Project Managerfor the Contract. A firm that has been engaged by the Employer to provide consultingservices for the preparation or supervision of the Works, and any of its affiliates, shall notbe eligible to Bid.

    Signature of the Bidder: ____________________________

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    FORM 1.9

    CONSTRUCTION SCHEDULE

    A preliminary construction schedule showing the overall completion period required by the Project.

    The bidder shall prepare and attach a detailed construction schedule showing sequence of variousactivities (e.g. design, manufacture, supply, delivery, construction, installation, testing &commissioning). Completion period shall not exceed that of NEAs requirement.

    Signature of the Bidder : ____________________________

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    FORM 2JOINT VENTURE DATA

    1. Name of Joint Venture_________________________________________________________

    2. Address of Head Office :____________________________________________________________________

    __________________________________________________________________

    3. Name(s) of partner(s) (Details of partners shall be provided on separate sheets).

    (a) _________________________________________

    (b) _________________________________________

    (c)__________________________________________

    4. Joint Venture Agreement

    (a) Date of Agreement : _____________________

    (b) Place : ________________________________

    (c) Proposed distribution of responsibilities between partners: (a)____________%

    (In Percentage) (b)____________%

    (c)____________%

    (d) Name of Leading Partner : ___________________________

    (e) Attach Joint Venture Agreement with the bid.

    Signature of the Bidder : ____________________________

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    FORM 3EXPERIENCE RECORD OF MANUFACTURER

    (To be submitted for Bidder and all J.V. Partners)

    (To be filled up by Bidder/Manufacturer)

    S. No. Description Requirement Manufacturer'sStatus

    1 Experience (To be filled in by manufacturer)

    1.1 Manufacturing experience At least 5 years

    1.2 Users' certificates At least from 2Users for twice thebid quantity

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    FORM 4

    MANUFACTURER'S AUTHORIZATION CERTIFICATE(This certificate shall be on the letterhead of the Manufacturer & Original letter shall be submitted)

    To : Project Manager,(Name of Project)

    WHEREAS (Name of the manufacturer)---------------------------------------------------------------who areestablished and reputable manufacturers of---------------------------------------------------------------------------------------------------------( name and/or description of the goods) having factories at -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (address of factory) do hereby authorize ----------------------------------------------------------------------------------------------------------------- (name and address of Bidder ) to submit a Bid and subsequentlynegotiate and sign the contract with you against Tender No. for ..

    works for the above goods manufactured by us.

    We hereby extend our full guarantee and warranty as per the Conditions of Contract for the goodsoffered for supply by the above firm against this Invitation for Bids.

    (Signature for and on behalf of Manufacturer)

    Remark: The Bidder shall furnish authorization certificates in the above format for all equipment to besupplied. This certificate shall be on the letterhead of the manufacturer.

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    FORM 5ISO 9001 CERTIFICATES

    The bidder shall submit valid ISO 9001 certificates for the equipment as specifiedhereunder:

    1. Remote Terminal Unit (RTU)

    As specified in the Technical Specifications

    Signature of Bidder : _____________________________

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    FORM 6DECLARATION OF FIRM PRICE

    The Bidder hereby declares that the prices quoted in the Price Schedules are firm i.e. price escalation is

    not applicable through the period of Bid validity / contract and any extension thereof as per therequirement of the bidding document.

    Signature of Bidder : ____________________

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    FORM 7DECLARATION OF LOCAL AGENT

    1. Name of Local agent : _______________________________________________

    2. Address & Telephone/Fax Number, email address of the Local agent:

    ___________________________________________________________

    ___________________________________________________________

    ___________________________________________________________

    3. Amount of commission: _________________________________________

    4. Currency of payment: ___________________________________________

    5. Method of payment : ___________________________________________

    6. Other conditions of the Agreement (if any) : _________________________

    Signature of the Bidder : _______

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    FORM 8DEVIATIONS FROM SPECIFICATION

    The Bidder shall state in this Schedule all deviations, including those on technical requirements, taken bythe Bidder in their offer. Continuation sheets shall be used, if necessary.

    CLAUSE NO . ITEM DESCRIPTION

    Signature of Bidder: ______________________________

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    Letter of Intention to Award

    [This letter should be in the letterhead paper of the Employer]

    Date:

    To: [name and address of the Contractor]

    This is to notify you in accordance with the Instruction to Bidders that it is our intention to awardthe contract [name of the Contract and identification number, as given in the Contract Dataand/or SCC]to you as your Bid price of [amount in numbers and words in Nepalese Rupees], ascorrected and modified in accordance with the Instructions to Bidders, is determined to besubstantially responsive and lowest evaluated Bid price.

    Authorized Signature:__________________________________________________

    Name and Title of Signatory:_____________________________________________

    Name of Agency:______________________________________________________

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    Letter of Acceptance

    [Letterhead of the Employer]

    Date: ________________________

    To: [name and address of the contractor]

    This is to notify you that your bid dated [date] for execution of the [name of the Contract andidentification number, as given in the Invitation to Bid] for the Contract Price of [insert theamount in Nepalese Rupees in numbers and words]as corrected and modified in accordancewith the Instructions to Bidders is hereby accepted by our Agency.

    You are hereby instructed to contact our office [Office address]to sign the formal agreement on[date]at [time]. As per the Instructions to Bidders you are also required to submit PerformanceSecurity, as specified in the SCC, consisting of a Bank Guarantee in an approved format or

    cash deposit voucher in favor of the Employer in the Employer's Bank account as specified inthe SCC.

    The Employer shall forfeit the bid security, in case you fail to furnish the Performance Securityand to sign the contract.

    Please convey your unconditional acceptance by signing on the original of this letter and submitthe required Performance Security, at the time of formal agreement.

    Authorised Signature:

    Name:

    Designation:

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    Agreement

    This Agreement, made the [day] day of [month], [year] between [name and address of

    Employer](hereinafter called the Employer) and [name and address of contractor](hereinaftercalled the contractor) of the other part.

    Whereas the Employer is desirous that the contractor execute [name and identification numberof contract] (hereinafter called the Works) and the Employer has accepted the bid for

    ________________ [insert the amount in Nepalese Rupees in numbers and words] by thecontractor for the execution and completion of such Works and the remedying of any defectstherein.

    Now this Agreement witnesseth as follows:

    1. In this Agreement, words and expressions shall have the same meanings as are

    respectively assigned to them in the Conditions of Contract hereinafter referred to, andthey shall be deemed to form and be read and construed as part of this Agreement.2. In consideration of the payments to be made by the Employer to the contractor as

    hereinafter mentioned, the contractor hereby covenants with the Employer to execute andcomplete the Works and remedy any defects therein in conformity in all respects with theprovisions of the Contract.

    3. The Employer hereby covenants to pay the contractor in consideration of the executionand completion of the Works and the remedying of defects wherein, the Contract Price orsuch other sum as may become payable under the provisions of the Contract at the timesand in the manner prescribed by the Contract.

    In Witness whereof the parties thereto have caused this Agreement to be executed the day andyear first before written.

    The Common Seal of ..was hereunto affixed in the presence of:..

    Signed, Sealed, and Delivered by the said...in the presence of:.

    Binding Signature of Employer ..

    Binding Signature of Contractor..

    [Addendum showing the corrections if any made during the bid evaluation should be attachedwith this agreement]

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    NepalElectricityAuthority

    DeclarationForm(forEbidding)

    S.No

    Description

    Issuedto

    (asapplicable)

    1 NotarizedPowerofAttorney fromtheCompanytoSign onCompany'sbehalf(ForSingleBidder)

    2 JointVentureAgreement;Ifany3 NotarizedPowerofAttorneytoSigntheBid onCompany'sbehalf (EachPartnerincaseofJV)4 NotarizedPowerofAttorneytoSigntheBid(OnBehalfofJV)5 RegistrationCertificateoftheBidder(andeachpartnersincaseofJV)6 Bidsecurity7 PriceSchedule8 BidForm9 QualificationForms10

    CompleteCertifiedAudited ReportoftheBidder (andeachpartnerin Year1

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    Year2caseofJV)Year31234

    11 Performance(or user)Certificate/s(Bidder)

    .1234

    12 Manufacturer'sAuthorization/s

    .

    13 PowerofAttorney fromtheCompanytoIssuetheManufacturersAuthorizationonCompany'sbehalf

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    1234

    14 BusinessLicenseofManufacturer/s

    .1234

    15 UserCertificate/s(Manufacturer)

    .1234

    16 ISOCertificate/s

    .17 TypeTestReport/s (ifrequiredasperspecification) 1

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    234.1234

    18 TechnicalDataSheet

    .

    1

    234

    19 OtherCertification(asperrequirements)

    .

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    Section IV. General Conditions of Contract (GCC)1. General Provisions

    1.1 Definitions In the Contract as defined below, the words and expressionsdefined shall have the following meanings assigned to them,except where the context requires otherwise:

    The Contract 1.1.1 Contract means the Agreement signed between the

    Employer and the contractor and the other documentslisted in the Special Conditions of Contract (SCC).

    1.1.2 Specification means the document as listed in theSCC, including Employers requirements in respect ofdesign to be carried out by the contractor, if any, and anyvariation to such document.

    1.1.3 Drawings means the Employers drawings of theworks as listed in the SCC, and any variation to suchdrawings.

    1.1.4 Bill of Quantities means the priced and completed bill

    of quantities forming part of the Tender.

    1.1.5 Bid or Tender means the contractors priced offer tothe Employer for the execution and completion of theWorks and the remedying of any defects therein inaccordance with the provisions of the Contract, asaccepted by the Letter of Acceptance.

    1.1.6 Letter of Acceptance means the formal acceptance bythe Employer of the bid or Tender.

    Persons 1.1.7 Employer means the person named in the Agreementand the legal successors in title to this person, but not(except with the consent of the contractor) any assignee.

    1.1.8 Contractor means the person named in theAgreement and the legal successors in title to thisperson, but not (except with the consent of theEmployer) any assignee.

    1.1.9 Party means either Employer or the contractor.

    Date, Timesand Periods

    1.1.10 "Commencement Date" means the date 14 days afterthe date the Agreement comes into effect or any otherdate agreed between the Parties.

    1.1.11 "Day" means a calendar day.

    1.1.12 "Time for Completion" means the time for completingthe Works as stated in the SCC (or as extended underSub-Clause 7.3), calculated from the CommencementDate.

    Money and 1.1.13 "Cost" means all expenditure properly incurred (or to be

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    remedying of any defects therein.

    1.1.27 Adjudication means the procedure to be adopted bythe contractor and the Employer in solving the dispute ifit is not solved amicably pursuant to Sub-Clause 15.1.

    1.2 Interpretation Words importing persons or parties shall include firms andorganisations. Words importing singular or one gender shallinclude plural or the other gender where the context requires.

    1.3 Priority ofDocuments

    The documents forming the Contract shall to be taken asmutually explanatory of one another. If an ambiguity ordiscrepancy is found in the documents, the Employer shall issueany necessary instructions to the contractor, and the priority ofthe documents shall be in accordance with the order as listed inthe SCC.

    1.4 Law The law of the Contract is stated in the SCC.

    1.5 Communications Where provision is made for the giving or issue of any notice,instruction, or other communication by any person, unlessotherwise specified such communication shall be written in the

    language stated in the SCC as shall not be unreasonablywithheld or delayed.

    If a notice given pursuant to Sub-Clause 1.5 fails to be delivereddue to failure to trace the address of the party then the noticeshall be published as public notice in a National daily newspaperand when the notice is so published then the notice shall beconsidered to be delivered to the concerned party.

    1.6 StatutoryObligations

    The contractor shall comply with the laws of the countries whereactivities are performed. The contractor shall give all notices andpay all fees and other charges in respect of the Works.

    2. The Employer

    2.1 Provision ofSite

    The Employer shall provide the Site and right of access theretoat the times stated in the SCC.

    2.2 Permits andLicenses

    The Employer shall, if requested by the contractor, assist him inapplying for permits, licences or approvals which are required forthe Works.

    2.3 Employer'sInstructions

    The contractor shall comply with all instructions given by theEmployer in respect of the Works including the suspension of allor part of the Works.

    2.4 Approvals No approval or consent or absence of comment by the Employer

    or the Employer's representative shall affect the contractor'sobligations.

    3. Employer'sRepresentatives

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    3.1 AuthorisedPerson

    One of the Employer's personnel shall have authority to act forhim. This authorised person shall be as stated in the SCC, or asotherwise notified by the Employer to the contractor.

    3.2 Employer'sRepresentative

    The Employer may also appoint a firm or individual to carry outcertain duties. The appointee may be named in the SCC, ornotified by the Employer to the contractor from time to time. TheEmployer shall notify the contractor of the delegated duties andauthority of this Employer's representative.

    4. The Contractor4.1 General

    ObligationsThe contractor shall carry out the Works properly and inaccordance with the Contract. The contractor shall provide allsupervision, labour, Materials, Plant and contractor's Equipmentwhich may be required. All Materials and Plant on Site shall bedeemed to be the property of the Employer.

    During continuance of the of the contract, the contractor and hissub-contractors shall abide at all times by all labour laws,including child labour related enactments, and rules made thereunder.

    A child who has not attained the age of fourteen (14) years shallnot be employed in any work as a labourer.

    4.2 Contractor'sRepresentative

    The contractor shall submit to the Employer for consent thename and particulars of the person authorised to receiveinstructions on behalf of the contractor.

    4.3 Subcontracting The contractor shall not subcontract the whole of the Works. Thecontractor shall not subcontract any part of the Works without theconsent of the Employer.

    4.4 PerformanceSecurity

    As stated in the SCC, the Contractor shall deliver to theEmployer no later than the date specified in the Letter of

    Acceptance.

    5. Design by Contractor5.1 Contractor's

    DesignThe contractor shall carry out design to the extent specified, asreferred to in the SCC. The contractor shall promptly submit tothe Employer all designs prepared by him. Within 15 days ofreceipt, the Employer shall notify any comments or, if the designsubmitted is not in accordance with the Contract, shall reject itstating the reasons. The contractor shall not construct anyelement of the permanent work designed by him within 15 daysafter the design has been submitted to the Employer or wherethe design for that element has been rejected. Design that hasbeen rejected shall be promptly amended and resubmitted. Thecontractor shall resubmit all designs commented on taking these

    comments into account as necessary.

    5.2 Responsibility forDesign

    The contractor shall remain responsible for his tendered designand the design under this Clause, both of which shall be fit forthe intended purposes defined in the Contract and he shall alsoremain responsible for any infringement of any patent or

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    copyright in respect of the same. The Employer shall beresponsible for the Specification and Drawings.

    6. Employer's Liabilities

    6.1 EmployersLiabilities

    In this Contract, Employer's Liabilities mean:a. war, hostilities (whether war be declared or not), invasion, act

    of foreign enemies, within the Country,b. rebellion, terrorism, revolution, insurrection, military or

    usurped power, or civil war, within the Country,c. riot, commotion or disorder by persons other than the

    contractor's personnel and other employees, affecting the Siteand/or the Works,

    d. ionising radiations, or contamination by radio-activity from nynuclear fuel, or from any nuclear waste from the combustionof nuclear fuel, radio-active toxic explosive, or otherhazardous properties of any explosive nuclear assembly ornuclear component of such an assembly, except to the extentto which the contractor may be responsible for the use of anyradio-active material,

    e. pressure waves caused by aircraft or other aerial devicestravelling at sonic or supersonic speeds,

    f. use or occupation by the Employer of any part of the works,except as may be specified in the Contract,

    g. design of any part of the Works by the Employer's personnelor by others for whom the Employer is responsible,

    h. any operation of the forces of nature affecting the Site and/orthe Works, which was unforeseeable or against which anexperienced contractor could not reasonably have beenexpected to take precautions,

    i. Force Majeure, j. a suspension under Sub-Clause 2.3 unless it is attributable to

    the contractor's failure,k. any failure of the Employer,l. physical obstructions or physical conditions, other than

    climatic conditions, encountered on the Site during theperformance of the Works, which obstructions or conditionswere not reasonably foreseeable by an experiencedcontractor and which the contractor immediately notified tothe Employer,

    m. any delay or disruption caused by any Variation,n. any change to the law of the Contract after the date of the

    contractor's offer as stated in the Agreement,o. losses arising out of the Employer's right to have the

    permanent work executed on, over, under, in or through anyland, and to occupy this land for the permanent work, and

    p. damage which is an unavoidable result of the contractor'sobligations to execute the Works and to remedy any defects.

    7. Time for Completion

    7.1 Execution ofthe Works

    The contractor shall commence the Works on theCommencement Date and shall proceed expeditiously andwithout delay and shall complete the Works within the Time forCompletion.

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    7.2 Programme The contractor shall submit to the Employer a programme for theWorks within the time stated in the SCC

    7.3 Extension ofTime

    Subject to Sub-Clause 10.3, the contractor shall be entitled to anextension to the Time for Completion if he is or shall be delayedby any of the Employer's Liabilities.

    The contractor shall submit an application to the Employer for

    extension of time, stating the causes for delay, 7 days before theexpiry of the Contract completion date.On receipt of anapplication from the contractor, the Employer shall consider allsupporting details provided by the contractor and shall extend theTime for Completion as appropriate.

    7.4 LiquidatedDamages forDelay

    If the contractor fails to compl