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Tender no: 1902C00017 Licensor selection for C4 Hydrogenation unit for OPaL
Sub: Amendment-2 to tender document
Sl No
Clause No. Existing clause Amended clause
1. Clause B.1.2.1- Annexure- VI-BEC
Clause B.1.2.1-Annexure- VI-BEC The Bidder must meet the following Minimum Qualification criteria: a) The bidder should be the licensor of the reference unit
and
b) The bidder should have supplied the Basic Engineering Design Package,
(henceforth called BEDP) for any process unit in any Petrochemical
Complex/ Refinery in the last 20 years reckoned from the tender issue
date.
The Bidder must meet the following Minimum Qualification criteria: a) The bidder should be the licensor/sub-licensor of the reference unit
and
b) The bidder should have supplied the Basic Engineering Design Package,
(henceforth called BEDP) for any process unit in any Petrochemical
Complex/ Refinery in the last 20 years reckoned from the tender issue
date.
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Clause No. Existing clause Amended clause
2. Clause 5.3-Annexure-IV
FEE FOR SUPPLY OF BASIC ENGINEERING DESIGN PACKAGE (BEDP) (Applicable for
SOP, FORM – A2):
Sr. No.
MILESTONE WEIGHTAGE
i)
Upon submission of Heat & Material balance and final
process flow diagram (PFD's), utility
summary & long lead items datasheets and acceptance by Licensee thereof.
Upon submission of all Data Sheets of Critical
equipments’ for long delivery items (to be identified
during kick off meeting) and acceptance by Licensee thereof.
Upon submission of P&IDs and its acceptance by
Licensee (Acceptance shall be accorded when works/ services hav
e been performed by the Licensor as per the scope and
provisions of the Contract and Licensee’s/ PMC’s comments have been incorporated by the
Licensor)
35%
ii)
Upon submission of BEDP and its acceptance by Licensee (Acceptance shall be accorded when works/ services have
been performed by the Licensor as per the scope and provisions of the Contract and Licensee’s/ PMC’s comments
have been incorporated by the Licensor).
15%
iii) Upon acceptance of Operating manual by Licensee/ PMC 10%
iv) Upon successful Commissioning of the unit or 57 months
from BEDP acceptance date, whichever is earlier. 20%
v)
Upon successful completion of Performance guarantee
Test Run (PGTR) of the Plant or 60 months from the acceptance of BEDP, whichever is earlier
20%
FEE FOR SUPPLY OF BASIC ENGINEERING DESIGN PACKAGE (BEDP) (Applicable for SOP,
FORM – A2):
Sr. No.
MILESTONE WEIGHTAGE
i)
Upon submission of Heat & Material balance and final
process flow diagram (PFD's), utility
summary & long lead items datasheets and acceptance by Licensee thereof.
Upon submission of all Data Sheets of Critical
equipments’ for long delivery items (to be identified
during kick off meeting) and acceptance by Licensee thereof.
Upon submission of P&IDs and its acceptance by
Licensee (Acceptance shall be accorded when works/ services have
been performed by the Licensor as per the scope and
provisions of the Contract and Licensee’s/ PMC’s comments have been incorporated by the
Licensor)
35%
ii)
Upon submission of BEDP and its acceptance by Licensee (Acceptance shall be accorded when works/ services have
been performed by the Licensor as per the scope and provisions of the Contract and Licensee’s/ PMC’s comments
have been incorporated by the Licensor).
35%
iii) Upon acceptance of Operating manual by Licensee/ PMC 10%
iv) Upon successful Commissioning of the unit or 57 months
from BEDP acceptance date, whichever is earlier. 10%
v)
Upon successful completion of Performance guarantee
Test Run (PGTR) of the Plant or 60 months from the acceptance of BEDP, whichever is earlier
10%
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Clause No. Existing clause Amended clause
3. Clause 5.6-Annexure-IV
SUPPLY OF PROPRIETARY EQUIPMENT (Applicable for SOP, FORM – A3) (This shall be included in separate PO for catalyst supply):
50% upon CIF shipment through Letter of Credit (L/C) against submission
of documentary evidence.
40% up on receiving, inspection at site and acceptance by Licensee
10% upon successful completion of Performance Guarantee Test Run of t
he Plant through NEFT/ Bank Transfer
SUPPLY OF PROPRIETARY EQUIPMENT (Applicable for SOP, FORM – A3) (This shall be included in separate PO for catalyst supply):
For CIF Shipment:
50% upon CIF shipment through Letter of Credit (L/C) against
submission of documentary evidence.
40% up on receiving at site and acceptance by Licensee
10% upon successful completion of Performance Guarantee Test R
un of the Plant through NEFT/ Bank Transfer
On DDP basis: 90% basis up on receiving at site and acceptance by Licensee
10% upon successful completion of Performance Guarantee Test R
un of the Plantthrough NEFT/ Bank Transfer
4. Clause 5.6-
Annexure-
IV
SUPPLY OF CATALYSTS, CHEMICALS, ABSORBENTS, ADSORBENTS,
ADDITIVES (AS APPLICABLE) AND OTHER MATERIALS, IF ANY (This shall be included in separate PO for proprietary
supply):
50% upon CIF shipment through Letter of Credit (L/C).
40% upon receiving and inspection at site
10% upon successful completion of Performance Guarantee Test
Run of the Plant through NEFT/ Bank Transfer
SUPPLY OF CATALYSTS, CHEMICALS, ABSORBENTS, ADSORBENTS,
ADDITIVES (AS APPLICABLE) AND OTHER MATERIALS, IF ANY (This shall be included in separate PO for proprietary supply):
On CIF Basis:
50% upon CIF shipment through Letter of Credit (L/C).
40% upon receiving at site and acceptance by Licensee.
10% upon successful completion of Performance Guarantee Test R
un of the Plantthrough NEFT/ Bank Transfer
On DDP basis:
90% basis up on receiving at site and acceptance by Licensee
10% upon successful completion of Performance Guarantee Test R
un of the Plantthrough NEFT/ Bank Transfer
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Clause No. Existing clause Amended clause
5. Notes at
the end of
Form A-3,
A-4 & A-5
of Price
forma at
Annexure-
V:
Form A-3-Note (c ): Bidder shall quote item wise lump-sum prices for supply of proprietary items/ equipment on DDP Site
(as per INCOTERMS 2010).
Form A-4-Note (d ): Bidder shall quote unit price for supply of
spares of proprietary items/equipment on DDP Site (INCOTERMS 2010).
Form A-4-Note (f ): Bidder shall quote prices for supply of Catalyst/
Chemical/ Adsorbent/ Absorbent / Additive etc. on DDP Site
(INCOTERMS 2010).
Form A-3-Note (c ): Bidder shall quote item wise lump-sum prices for supply of proprietary items/ equipment on CIF/ DDP
Site (as per INCOTERMS 2010).
Form A-4-Note (d ): Bidder shall quote unit price for supply of spares
of proprietary items/equipment on CIF/ DDP Site (INCOTERMS 2010).
Form A-4-Note (f ): Bidder shall quote prices for supply of Catalyst/ Chemical/ Adsorbent/ Absorbent / Additive etc. on CIF/ DDP Site (INCOTERMS 2010).
Evaluation shall be as per clause C.1 of Annexure-VI.
6. Clause 7.0-
GCC
Compliance with Laws
Contractorshall comply with all Laws, Regulations and requirements of
appropriate Govt., Port, local or other statutory Authorities in India and Labour Laws including but not limited to Workmen Compensation Act during
the performance of the Contract.
Compliance with Laws
Contractor shall comply with all Laws, Regulations and requirements of appropriate Govt., Port, local or other statutory Authorities in India and Labour Laws including but not limited to Workmen Compensation Act during the performance of the Contract, if applicable.
7. Clause 7.1-
GCC
Safety & Labour Laws:
Contractor shall comply with the provision of all laws including Labour Laws, rules, regulations and notifications issued there under from time to time. All
safety and labour laws enforced by statutory agencies and by OPaL shall be applicable in the performance of this Contract and Contractor shall abide by
these laws.
Contractor shall take all measures necessary or proper to protect the
personnel, work and facilities and shall observe all reasonable safety rules and instructions.
The Contractor shall report as soon as possible any evidence which may
indicate or is likely to lead to an abnormal or dangerous situation and shall
Safety & Labour Laws:
Wherever applicable, Contractor shall comply with the provision of all laws
including Labour Laws, rules, regulations and notifications issued there under
from time to time. All applicable safety and labour laws enforced by statutory
agencies and by OPaL shall be applicable in the performance of this Contract
and Contractor shall abide by these laws.
Contractor shall take all measures necessary or proper to protect the
personnel, work and facilities and shall observe all reasonable safety rules and
instructions.
The Contractor shall report as soon as possible any evidence which may
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Clause No. Existing clause Amended clause
take all necessary emergency control steps to avoid such abnormal
situations.
indicate or is likely to lead to an abnormal or dangerous situation and shall
take all necessary emergency control steps to avoid such abnormal situations.
8. Clause
17.0-GCC
Consequential damages
17.1 The Contractor shall not be responsible for or liable to the Company
or any of their affiliates for consequential, indirect or special damages or
for loss of profits, loss of revenue, loss or escape of product (hydrocarbons) or facilities downtime, suffered by the Company or any
of its affiliates, and the Company shall protect, defend, indemnify and hold harmless the Contractor and his Sub-Contractors from such claims
even if such liability is based or claimed to be based upon:
i) Any breach by the Contractor or its Subcontractor of his obligations
under the Contract
OR ii) Any negligent act or omission in whole or in part, of the Contractor
or of any of his affiliates or Subcontractor or their personnel or any of
them in connection with the performance of the Works.
17.2 The Company or its other Contractors or their personnel shall in no event be responsible for or liable to the Contractor or his Sub-Contractor
for consequential damages suffered by the Contractor or his Sub-
Contractor including without limitation to business interruption or loss of profits etc. The Contractor shall protect, defend, indemnify the
Company, its employees, appointed representatives, agents and other Contractors etc., from such claims even if such liability is based or
claimed to be used upon:
i) Any breach by the Company of its obligations under the contract,
OR
ii) Any negligent act or omission on the part of the Company or any of
its employees, agents or other Contractors or appointed
representatives in connection with the performance of works.
17.0 Consequential Damages:
Except in case of breach of confidentiality obligations,
17.1 The Contractor shall not be responsible for or liable to the
Company or any of their affiliates for consequential, indirect or
special damages or for loss of profits, loss of revenue, loss or escape of product (hydrocarbons) or facilities downtime,
suffered by the Company or any of its affiliates, and the Company shall protect, defend, indemnify and hold harmless
the Contractor and his Sub-Contractors from such claims even
if such liability is based or claimed to be based upon:
i) Any breach by the Contractor or its Subcontractor of his obligations under the Contract
OR ii) Any negligent act or omission in whole or in part, of the Contractor or
of any of his affiliates or Subcontractor or their personnel or any of them in connection with the performance of the Works.
17.2 The Company or its other Contractors or their personnel shall in no
event be responsible for or liable to the Contractor or his Sub-Contractor
for consequential damages suffered by the Contractor or his Sub-
Contractor including without limitation to business interruption or loss of
profits etc. The Contractor shall protect, defend, indemnify the
Company, its employees, appointed representatives, agents and other
Contractors etc., from such claims even if such liability is based or
claimed to be used upon:
i) Any breach by the Company of its obligations under the contract,
OR
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Clause No. Existing clause Amended clause
ii) Any negligent act or omission on the part of the Company or any of its employees, agents or other Contractors or appointed representatives
in connection with the performance of works.
9. Clause
18.1-GCC
Failure and termination
18.1 Company may at any time terminate the Contract by giving 15 days’
notice without assigning any reason. In case of such termination of the Contract, full compensation shall be payable to Contractor for all the
services performed till the time the work is wound up(including any
cancellation and demobilisation costs) and when such termination is or for any breach of the terms of the contract attributable to the
Contractor then no compensation shall be payable to the Contractor (other than in respect of the services satisfactorily performed up to the
date of termination) and Company shall have absolute right to invoke
the performance guarantee and get work completed from alternate source at risk and cost of Contractor.
18.1Company may at any time terminate the Contract by giving 15 days’
notice without assigning any reason. In case of such termination of the
Contract, full compensation shall be payable to Contractor for all the services
performed till the time the work is wound up(including any cancellation and
demobilisation costs) and when such termination is or for any breach of the
terms of the contract attributable to the Contractor then,
i) Contractor shall refund all monies paid by Company to Contractor till the
date of termination and;
ii) no further compensation shall be payable to the Contractor and
iii) Company shall have absolute right to invoke the performance guarantee
10. Clause
18.2
Contractor may deliver to Company such complete drawings and other
similar documents relevant to the work as are in its possession in either case of the termination as mentioned above
Notwithstanding the term of CONTRACT, OPaL may terminate this Contract on
written notice to the Contractor if: a) In the event of breach, default or deficiency by the Contractor
under or with reference to the Service to be provided under the Contract, OPaL reserves the right at its option and discretion to
terminate the Contract with the Contractor.
b) Termination on expiry of the Contract: Subject to the prior
termination of this Contract as provided for in the Contract, this Contract shall be deemed to have been automatically terminated on
the expiry of the Contract period (i.e. 25 years after the Effective Date) unless the COMPANY has exercised its option to extend this
Contract in accordance with the provisions, if any, of this CONTRACT.
c) Termination on account of force majeure: Either party shall
have the right to terminate this CONTRACT on account of Force Majeure, as set forth in Clause 23.0 of GCC.
Notwithstanding the term of CONTRACT, OPaL may terminate this Contract on
written notice to the Contractor if:
a) In the event of breach, default or deficiency by the Contractor under
or with reference to the Service to be provided under the Contract, OPaL reserves the right at its option and discretion to terminate the Contract
with the Contractor.
b) Termination on expiry of the Contract: Subject to the prior termination of this Contract as provided for in the Contract, this Contract
shall be deemed to have been automatically terminated on the expiry of
the Contract period (i.e. 25 years after the Effective Date) unless the COMPANY has exercised its option to extend this Contract in accordance
with the provisions, if any, of this CONTRACT.
c) Termination on account of force majeure: Either party shall have the
right to terminate this CONTRACT on account of Force Majeure, as set forth in Clause 23.0 of GCC.
d) Termination on account of insolvency: In the event the Contractor or
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Clause No. Existing clause Amended clause
d) Termination on account of insolvency: In the event the
Contractoror its collaborator at any time during the term of this CONTRACT becomes insolvent or makes a voluntary assignment of its
assets for the benefit of creditors or is adjudged bankrupt, then the
COMPANY shall, by a notice in Writing have the right to terminate this Contract and all the Contractor’s rights and privileges hereunder,
shall stand terminated forthwith.
e) Termination for unsatisfactory performance: If the OPaL
considers that the performance of the Contractor is unsatisfactory or, not up to the expected standard, the OPaL shall notify the
Contractorin writing and specify in detail the cause of such dissatisfaction, advising the Contractor to take corrective measures
and set right the defect within 15 days (or any extended period as approved by the Company) of such notice. In case the Contractorfails
to comply with the notice of OPaL, OPaL shall have the right to
terminate the CONTRACT with immediate effect.
f) No amount shall be due and payable to the Contractor for the service(s)in respect of which the CONTRACT has been terminated until
the entirety of such terminated services for the unexpired term of the
Contract shall have been completed and all payments finally due on any account to OPaL and/or any other Contractor in respect of such
services have been finally settled and OPaL has been discharged from all liabilities in respect thereof if thereafter there remains in the hands
of OPaL any excess or balance after all accounting and adjustments
of all dues to OPaL, OPaL shall forthwith pay the excess/balance to the Contractor and in the event of the security deposit and other
dues of the Contractor in the hands of OPaL being insufficient to meet the dues of OPaL as aforesaid, the Contractor shall forthwith on
demand by OPaL pay OPaL the shortfall failing which such balance shall carry interest @ 12% (twelve) per annum until payment in full.
g) The Contractor is prohibited to offer any service/ benefit of any manner to any employee of OPaL and that the Contractor may suffer
immediate termination of agreement in case of such violation.
its collaborator at any time during the term of this CONTRACT becomes insolvent or makes a voluntary assignment of its assets for the benefit
of creditors or is adjudged bankrupt, then the COMPANY shall, by a notice in Writing have the right to terminate this Contract and all the
Contractor’s rights and privileges hereunder, shall stand terminated
forthwith.
e) Termination for unsatisfactory performance: If the OPaL considers that the performance of the Contractor is unsatisfactory or, not up to the
expected standard, the OPaL shall notify the Contractor in writing and
specify in detail the cause of such dissatisfaction, advising the Contractor to take corrective measures and set right the defect within 15 days (or any
extended period as approved by the Company) of such notice. In case the Contractor fails to comply with the notice of OPaL, OPaL shall have the
right to terminate the CONTRACT with immediate effect.
f) No amount shall be due and payable to the Contractor for the service(s)in
respect of which the CONTRACT has been terminated until the entirety of such terminated services for the unexpired term of the Contract shall have
been completed and all payments finally due on any account to OPaL and/or any other Contractor in respect of such services have been finally
settled and OPaL has been discharged from all liabilities in respect thereof
if thereafter there remains in the hands of OPaL any excess or balance after all accounting and adjustments of all dues to OPaL, OPaL shall
forthwith pay the excess/balance to the Contractor and in the event of the security deposit and other dues of the Contractor in the hands of OPaL
being insufficient to meet the dues of OPaL as aforesaid, the Contractor
shall forthwith on demand by OPaL pay OPaL the shortfall failing which such balance shall carry interest @ 12% (twelve) per annum until payment
in full.
g) The Contractor is prohibited to offer any service/ benefit of any manner to any employee of OPaL and that the Contractor may suffer immediate
termination of agreement in case of such violation.
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Clause No. Existing clause Amended clause
11. Clause
18.3-GCC
Consequences of termination: In all cases of termination herein set
forth, the obligation of the Company to pay shall be limited to the period up to the date of termination. Notwithstanding the termination of this Contract,
the parties shall continue to be bound by the provisions of this Contract that
reasonably require some action or forbearance after such termination.
Consequences of termination: Notwithstanding the termination of this
Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such
termination.
12. Clause 19.4.1-GCC- Confidential
handling of
Information
Contractor shall ensure confidential handling by its own personnel of all
matters pertaining to plans, policies, cost and other information relating to the project developed or acquired by means of the Agreement/Agreements
that will be entered into between the Company and other contractor/contractors.
Contractor and OPaL shall ensure confidential handling by its own personnel of
all matters pertaining to plans, policies, cost and other information relating to
the project developed or acquired by means of the Agreement/Agreements
that will be entered into between the Company and other
contractor/contractors OR Contractor and other parties.
13. Clause 22.3.2-GCC
Arbitration can be invoked by giving invocation Notice only after expiry of
the 60 days’ period as per Dispute Notice stipulated in the para below.
Arbitration can be invoked by giving invocation Notice only after expiry of the
60 days’ period as per invocation Notice stipulated in the para below.
14. Clause 22.3.5-GCC
For a dispute involving claims above Rs.5 crores and upto Rs.100 crore, the
claimant shall appoint an Arbitrator and communicate the same to the other
Party in the Invocation Notice itself along with copy of disclosure made by
nominated Arbitrator in the form specified in Sixth Schedule of the
Arbitration & Conciliation Act, 1996. For the purpose of section 21, the
Arbitration Proceeding shall commence only upon date of receipt of
Invocation Notice complete in all respect mentioned above.
The other party shall then appoint the second Arbitrator within 15 days from
the date of receipt of written notice. The two Arbitrators appointed by the
Parties shall appoint the third Arbitrator within 30 days, who shall be the Presiding Arbitrator.
The Parties agree that they shall appoint only those persons as arbitrators
For a dispute involving claims above Rs.5 crores and upto Rs.100 crore, the
claimant shall appoint an Arbitrator and communicate the same to the other
Party in the Invocation Notice itself along with copy of disclosure made by
nominated Arbitrator in the form specified in Sixth Schedule of the Arbitration
& Conciliation Act, 1996. For the purpose of section 21 of the Arbitration &
Conciliation Act, 1996, the Arbitration Proceeding shall commence only upon
date of receipt of Invocation Notice complete in all respect mentioned above.
The other party shall then appoint the second Arbitrator within 15 days from
the date of receipt of written notice. The two Arbitrators appointed by the Parties shall appoint the third Arbitrator within 30 days, who shall be the
Presiding Arbitrator.
The Parties agree that they shall appoint only those persons as arbitrators who
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Clause No. Existing clause Amended clause
who accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the
conditions of this arbitration clause
accept the conditions of this arbitration clause. No person shall be appointed as arbitrator or presiding arbitrator who does not accept the conditions of this
arbitration clause
15. Clause 22.3.12-GCC
The seat of arbitration shall be the place from where the LOA/NOA has been
issued. For the sake of convenience, Parties may agree to hold the
proceedings at any other venue. The arbitration shall be conducted in the
English language. Insofar as practicable, the Parties shall continue to
implement the terms of the Contract notwithstanding the initiation of
Arbitration proceedings.
The seat/place of arbitration shall be Singapore. For the sake of
convenience, Parties may agree to hold the proceedings at venue(s) in India. The arbitration shall be conducted in English language. Insofar as
is practicable, the Parties shall continue to implement the terms of
the Agreement notwithstanding initiation of arbitration proceedings. The Arbitration shall be administered by the Singapore International Arbitration
Centre ("SIAC") in accordance with its Practice Note on UNCITRAL cases.
16. Clause
23.3-GCC
Upon the occurrence of such cause and upon its termination, the party
alleging that it has been prevented thereby, shall notify the other party in writing, the beginning of the cause amounting to Force Majeure as also the
ending of the said cause by giving notice to the other party thereof within 72 (seventy two) hours of the ending of the cause respectively. If Services are
suspended by Force Majeure conditions lasting for more than two months,
OPaL shall have the option of terminating the CONTRACT in whole or part at its discretion without any liability for breach on its part resultant upon the
termination. Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which such cause
lasts and neither Party shall be entitled for any compensation for any delay or other losses caused by the Force Majeure conditions.
Upon the occurrence of such cause and upon its termination, the party
alleging that it has been prevented thereby, shall notify the other party in writing, the beginning of the cause amounting to Force Majeure as also the
ending of the said cause by giving notice to the other party thereof within 72 (seventy two) hours of the ending of the cause respectively. If Services are
suspended by Force Majeure conditions lasting for more than two months,
OPaL/ Contractor shall have the option of terminating the CONTRACT in whole or part at its discretion without any liability for breach on its part resultant
upon the termination. Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for
which such cause lasts and neither Party shall be entitled for any compensation for any delay or other losses caused by the Force Majeure
conditions.
17. Clause 2.1-
SCC
In consideration of the payments to be made by Licensee under Clause 5.2, Licensor hereby grants to Licensee, effective from the Effective
Date:
2.1.1 a non-exclusive, non-transferable (except as allowed under
Clause 14 (Assignment)) right to use Information, Catalysts and Improvements to manufacture the Licensed Capacity of
the Products by the Process in the Plant and to use and sell the Products so produced in any country of the world. The
Licensee shall also have the right to use Information,
Catalysts and Improvements to design, construct, operate and maintain the Plant and to acquire any equipment
2.1 In consideration of the payments to be made by Licensee under Clause 5.2, Licensor hereby grants to Licensee, effective from the Effective Date:
2.1.1 a non-exclusive, non-transferable (except as allowed under Clause 14 (Assignment)) right to use Information, Catalysts and Improvements to
manufacture the Licensed Capacity of the Products by the Process in the Plant and to use and sell the Products so produced in any country
of the world. The Licensee shall also have the right to use Information, Catalysts and Improvements to design, construct, operate and maintain
the Plant and to acquire any equipment necessary for use in the
practice of the Process in the Plant, to practice the Process in the Plant at the Licensed capacity using the Proprietary Technology and
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Clause No. Existing clause Amended clause
necessary for use in the practice of the Process in the Plant.
2.1.2 Non-exclusive licences under Licensor Patent Rights to use Licensor’s supplied Catalysts in the Plant to manufacture the
Licensed Capacity of the Products using the Process and to
use and sell the Products so produced worldwide.
to make, use and sell the resultant products worldwide.
2.1.2 Non-exclusive licences under Licensor Patent Rights to use Licensor’s supplied Catalysts in the Plant to manufacture the Licensed Capacity of
the Products using the Process and to use and sell the Products so
produced worldwide.
18. Clause 9.1-
SCC
Licensor represents and warrants that it has the right to grant the
licencesbeinggranted by it hereunder,
As of Effective date, Licensor represents and warrants that it has the right to
grant the licencesbeinggranted by it hereunder,
19. Clause
19.2-SCC
All rights and licenses granted to Licensee under this Agreement may be terminated by Licensor after expiry of 30 days’ notice provided to Licensor
for rectifying or remedying, upon occurrence of any of the following events that:
19.2.1 Without Licensor's prior written consent, there is any assignment not in accordance with Clause 14;
19.2.2 Licensee is in breach of its obligations related to Confidentiality
under Clause 4 hereof and GCC Clause 19.0 (including sub-clauses
thereunder);
19.2.3 Licensee terminates this Agreement without assigning any reason under Clause 18.1 of GCC;
19.2.4 Subject to the provisions of Clause 5.9.3, Licensee fails to make
timely payment of any fees due to be paid under Clause 5;
19.2.5 Not Used.
All rights and licenses granted to Licensee under this Agreement may be terminated by Licensor after expiry of 30 days’ notice provided to Licensee for
rectifying or remedying, upon occurrence of any of the following events that:
19.2.1 Without Licensor's prior written consent, there is any assignment not
in accordance with Clause 14;
19.2.2 Licensee is in breach of its obligations related to Confidentiality under Clause 4 hereof and GCC Clause 19.0 (including sub-clauses
thereunder);
19.2.3 Licensee terminates this Agreement without assigning any reason
under Clause 18.1 of GCC;
19.2.4 Subject to the provisions of Clause 5.9.3, Licensee fails to make timely payment of any fees due to be paid under Clause 5;
19.2.5 In the event the Company at any time during the term of this CONTRACT becomes insolvent or makes a voluntary assignment of its
assets for the benefit of creditors or is adjudged bankrupt, then the CONTRACTOR shall, by a notice in Writing have the right to terminate
this Contract.
20. NIT-Point-8
Clause 5.2-
Earnest Money Deposit in the form of DD or Pay order/Bank Guarantee: Rs.42,00,000
(Rupees Forty two lakh only)
The Bidders must enclose bid security of Rs.42,00,000/-(Rupees Forty
Two Lakhs only)with the Un-priced Bid.In case of foreign currency, the EMD can also be submitted for the following amount
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Clause No. Existing clause Amended clause
ITB The Bidders must enclose bid security of Rs.42,00,000/-(Rupees Forty
Two Lakhs only)with the Unpriced Bid.
USD:59,540
EUR:52,340
21. NIT-Point-
15
Clause
10.1-ITB
Clause
31.0 of
GCC
The Contractor within 15 days of issue of the NOA/ Service Order/Contract shall be required to submit an unconditional and irrevocable performance bank guarantee from Nationalized/ Scheduled Bank for due performance of the Agreement as per the proforma given at Appendix-13 to ANNEXURE I of Tender Document for a sum equivalent to 11.8% of the sum of License Fee , Fee for supply of BEDP, mandatory service fee plus training fee
The Contractor within 30 days of issue of the NOA/ Service Order/Contract shall be required to submit an unconditional and irrevocable performance bank guarantee from Nationalized/ Scheduled Bank for due performance of the Agreement as per the proforma given at Appendix-13 to ANNEXURE I of Tender Document for a sum equivalent to 11.8% of the sum of License Fee , Fee for supply of BEDP, mandatory service fee plus training fee
22. Clause 4.0-
GCC
Commencement and Completion period of Contract:
The commencement date of contract shall be the date of NOA (Notice of Award)/Service Order (SO).
The completion schedule for the activities shall be as below,
Sl.
No.
Milestone Description Time period
1 Supply of Basic Design Engineering Package
(BEDP)
10 Weeks
2 Completion Period 60 Months
However, if the completion schedule is delayed due to reasons solely
attributable to Company, then Company will compensate the Contractor with an appropriate extension of time. No adjustment of Contract price shall be
allowed for reasons of such delay.
The Contract price shall remain firm till the Work as defined in Scope of
Work is completed.
Commencement and Completion period of Contract:
The commencement date of contract shall be the date of NOA (Notice of Award)/Service Order (SO).
The completion schedule for the activities shall be as below,
Sl.
No.
Milestone Description Time period
1 Supply of Basic Design Engineering Package
(BEDP)
16 Weeks
2 Completion Period 60 Months
However, if the completion schedule is delayed due to reasons solely
attributable to Company, then Company will compensate the Contractor with an appropriate extension of time. No adjustment of Contract price shall be
allowed for reasons of such delay.
The Contract price shall remain firm till the Work as defined in Scope of Work
is completed.
Page 12 of 12
Sl No
Clause No. Existing clause Amended clause
23. NIT-Point
6&7
Closing date and time for submission of bids (Both Un- priced techno-contractual and priced bid) by bidders to OPaL : 23.04.2019 14:00 Hrs
Date & time for opening of tender:
Pre-qualification bid : 23.04.2019 15:00 Hrs
Closing date and time for submission of bids (Both Un- priced techno-contractual and priced bid) by bidders to OPaL : 14.05.2019 14:00 Hrs
Date & time for opening of tender:
Pre-qualification bid : 14.05.2019 15:00 Hrs
(The above change shall be applicable wherever appearing elsewhere in the
tender document.)