gvk ratle hydro electric project private … · may do so but in a separate boq and no payment...

Date: 07/10/2011GVK RATLE HYDRO ELECTRIC PROJECT PRIVATE LIMITED

810 MW RATLE HYDRO ELECTRIC PROJECT

Sl. No. Clause Reference Relevant Extract from the Document Comments for Clarification Owner's Response

Volume-II,

810 MW RATLE HYDRO ELECTRIC PROJECT2nd SET OF PRE-BID QUERIES OF THE BIDDERS AND GVKRHEPPL'S RESPONSE

1 5.3

Volume-II, Instructions to Bidders (ITB),

Page 4

Since, owner reserves the right to accept or reject any bid on taking deviation, thus specifying any deviation in Appendix-2 does not have any relevance.

In the event the bidder has no other option but to go ahead with proposal submission with deviation, he may do so with suitable reasoning and justification. However the owner will reserve the right to accept or reject the bid with such deviation.

5.6


The Leader and all the Civil Works partner(s) of the Consortium shall be jointly and severally liable and responsiblefor complete execution of the Project….. Clause 5.6 describes the Eligibility and Qualifying requirements of a Consortium, wherein 5.6 Bidders (ITB),

Page 5for complete execution of the Project…..

7


As per clause 5.6 all the partners are joint and severally responsible, then how the Liquidated Damages shall be payable by the Leader Only. Please clarify.2

Clause 5.6 describes the Eligibility and Qualifying requirements of a Consortium, wherein the Leader of the Consortium will be the Civil Works partner and shall be jointly and severally responsible for complete execution of the project.

All other Consortium partners shall be having limited joint and several responsibility and shall not be made responsible for execution of balance works of any abandoning contractor ( if the case may be) but shall be required to complete their respective portion of work and filing the gaps for such period of time on behalf of abandoning contractor for satisfactory completion and commissioning of the Project till other contractor(s) are inducted in place of abandoning contractor(s) by the Leader.7 Bidders (ITB),

Time for Completion, Page

7

Volume-II, Instructions to

inducted in place of abandoning contractor(s) by the Leader.

The clause 5.6 is very clear in this regard.

Liquidated Damages shall therefore be payable by the Leader only as the Leader shall be jointly and severally responsible for complete execution of the project.

3 9

Instructions to Bidders (ITB), Construction

Programme, Page 7

The owner reserves the right to request for changes in the Master Control Network during pre-award discussions withthe responsive Bidder. Mutually agreed Master Control Network shall form part of the Overall Agreement

Since, completion schedule is the prime consideration for responsiveness of the bid as mentioned in Clause 7 of ITB, the bidder will quote the price accordingly. Any changes in the schedule during pre-award stage will call for change in price. Please confirm.

There shall not be any change in the total completion schedule but the right for request shall be with the owner for any change in the intermediate schedules in the Master Control Network without any commercial implications . The provision remains unaltered.

14.1

Volume-II, Instructions to Bidders (ITB), Price Basis, 14.1 Price Basis,

Currencies And Payments, Page

14

4.3SCC - HM Supply,

Volume-IV, Section-III, Page 4

Adjustment Formula

4 There is a contradiction regarding payment of price adjustment for off-shore portion of the contract in clauses referred herein. Please clarify.

The Contract price shall be subject to Price Adjustment as specified in Special conditions of Contract. In case of any discrepancy pertaining to Price Adjustment provisions between ITB/GCC/SCC, Special conditions of Contract shall supersede.

5 1.2 SCC, Volume-IV Please clarify the order of precedence for ITB also. The order of precedence is provided in SCC since the same is related to the Contract. Order of precedence is not required to be provided for ITB.

15.12 (vii)

Volume-II, Instructions to

Bidders (ITB), Bid Guarantee /

Security, Page 21

GVKRHEPPL accepts the request of the respondent. However the provision of extension in validity period of the Bid and the Bid security shall remain unaltered.

Since the date of opening of bid is not mentioned in the bid document, the bid security shall be valid for a period of 90 days from 30th May 2012.6

17

Volume-II, Instructions to Bidders (ITB), Validity of Bid,

Page 21





7 15.3.2

Volume-III, Project profile,

Proposed Roads &

As thereis ……..However till the Contractor mobilises the roads under construction shall be continued and shall be handed over on "as is where is" basis.Table 19.1 (proposed Roads in the Project Area) & 19.2 (Proposed Bridges in the Project Area)

During site visit, our team could not find any access roads & Bridges to different components of the project nor any "roads & Bridges under construction". Please clarify.

Please refer reply against Sl no. 22 & 23 of GVKRHEPPL's response to the first set of queries of the bidders, published at GVK web site on 26.09.2011.Proposed Roads &

Bridges Table 19.1 (proposed Roads in the Project Area) & 19.2 (Proposed Bridges in the Project Area) of the project nor any "roads & Bridges under construction". Please clarify. queries of the bidders, published at GVK web site on 26.09.2011.

8 16.7

Volume-III, Project profile, Construction

Power

When the owner is planning to provide 11KV Power Connection to the contractor. Please confirm. Please provide the requirement of electricity by DG sets (Hrs/day), against non-availability and poor quality of power.

GVKRHEPPL confirms that 11 KV line shall be provided to the contractor at one point before the commencement of the contractor's activity and further distribution of the same shall be the responsibility of the contractor. The contractor has to assess by its own the power requirement from the DG set(s) keeping in mind the site conditions ( quality of power), availability trend of power and the completion schedule of the project. However, it may be desirable to have 100% DG backup.

9 2 Annexure-2 Salient Features Sizes of Auxiliary Structures may please be provided Details already provided in Annexture-2 of Volume-III.

10 Status of Financial Closure and Statutory Clearances regarding implementation of project may please be provided.

Please note these are the owner's responsibilities. For Statutory Clearances & Financial Closure, the activities are in progress.

11 16GCC, Volume IV,

Temporary Works, 0

For receiving the payment for office, residential buildings and other temporary infrastructure facilities, the contractor shall be permitted to include such items in BOQ.

If the bidder wishes to include items for temporary infrastructure facilities in the BOQ, it may do so but in a separate BOQ and no payment shall be released on these items during construction phase. For payment of such temporary and infrastructure works during handing over to the owner, the prices shall be discussed at that point of time and Page 20 during handing over to the owner, the prices shall be discussed at that point of time and at mutually agreed terms & conditions.

12 17.11 GCC, Volume IV, If the contractor does not find the project affected people suitable for employment in the

It is an EPC Contract and bidder has to take a call on such eventuality and thereby the responsibility. Owner shall not be responsible for any event of unrest caused due to improper handling of such situation by the contractor and neither shall bear any extra 12 17.11 GCC, Volume IV,

Labour, Page 26If the contractor does not find the project affected people suitable for employment in the project works, the unrest / insurrection and cost against same shall be to the owner's account. improper handling of such situation by the contractor and neither shall bear any extra

cost towards the same. This is the requirement of J&K State Govt. and the bidder has to follow this requirement without any extra compensation whatsoever on this account.

13 21.1 ( c)GCC, Volume IV,

Suspension of Work, Page 28

The extension of time & cost for the period of suspension on account of abnormal climatic conditions & snow fall shall be paid by the owner. The provision remains unaltered.

14 24.2GCC, Volume IV,

Extension of Time, Page 29 & 30

However, if the works ………….connection with this Article. The cost arising out of such extension of time may please be paid to the contractor.The provision remains unaltered. Please also refer the response at Sl no. 41 of GVKRHEPPL to the first set of queries of the bidders published at GVK web site on 26.09.2011.





15 26.2GCC, Volume IV,

Completion of As and when works ……Contractor shall be entitled to receive such certificate of completion within 21 days of completion…… mutually agreed between the Owner & the Contractor The contractor deemed to have received the Certificate of Completion on the entitlement.

There is no provision of Deemed Completion Certificate. Owner shall provide Completion Certificate in writing to the contractor before taking over any section or part of the works and contractor will be relieved of its responsibilities only after receipt of such Completion 15 26.2 Completion of

Works, 1 completion…… mutually agreed between the Owner & the Contractor The contractor deemed to have received the Certificate of Completion on the entitlement. and contractor will be relieved of its responsibilities only after receipt of such Completion Certificate from the owner. The condition of the bid document prevails.

The site & roads shall be handed over to the contractor on the date of award and in case of any delay the extension of time and cost against same shall be compensated by the owner.

No, the provision of the bid document shall remain unaltered.

16 46.1

GCC, Volume IV, Obligation of

Owner, Page 48 & The site will be handed over to the Contractor along with various roads in the project area on "as is where is" basis without any cost to the contractor ……… by the owner

Further the following shall form the part of owner's obligations:- Approval of Design & Drawing within 28 days of submission

- Inspection & Approval of the HM Works within 28 days from the request by the contractor

- Necessary approvals and instructions within 28 days from the request of contractor

OK

Yes, if inspections is to be conducted in India.

OKOwner, Page 48 &

49without any cost to the contractor ……… by the owner

- Variation in Basic Design Parameters

- Interfacing & Delay wrt E&M Works

- Land Slides in Project Area and Highway

- Adverse geological Occurrences

- Unforeseen conditions

OK

OK, subject to clause 9 of GCC.

Refer to reply against Sr. No. 17

No, the provision of bid document shall remain unaltered.

No, the provision of bid document shall remain unaltered.- Unforeseen conditions- Etc... No, the provision of bid document shall remain unaltered.

No, the provision of bid document shall remain unaltered.Please also refer GVKRHEPPL response against Sl no 62 of first set of queries by the bidders , published at GVK web site on 26.09.2011.

17 51.4GCC, Volume IV, Programme, Page If the re-scheduling is necessiciated due to delay in Electro Mechanical works the

In the event of delay in Electro-mechanical works and necessitating the re-scheduling of civil and HM works contract, the time extension for the period of delay by E&M contractor 17 51.4 Programme, Page

52

If the re-scheduling is necessiciated due to delay in Electro Mechanical works the corresponding Extension of Time and Cost shall be compensated by the owner.

civil and HM works contract, the time extension for the period of delay by E&M contractor shall be allowed to the Civil and HM contractor but there shall not be any extra cost compensation towards the same by the owner.

18 4.3 SCC, Volume IV Price Adjustment The variation in the minimum wages for Labour applicable at J&K may please be considered for price adjustment in lieu of All India Consumer price Index for Wages of Industrial Workers. The provision of the bid document shall remain unaltered.

19 5.1 SCC, Volume IV Down Payment The Down Payments may please be considered as Interest Free. Please refer reply against Sl no. 83 & 84 of GVKRHEPPL's response to the first set of queries of the bidders, published at GVK web site on 26.09.2011.

Sl. No. Clause Reference Description of Clause Clarification Owner's Response

20 Vol.I, Clause 2.2.1, a

Substantially completed civil works of any single Hydel Power plant involving total contract value ofcivil works (excluding materials costs for cement, steel and aggregate) not less than Rs. 1000 crores. Substantial completion shall mean completion of earthworks in all types of soils/rocks (includes excavations and embankments

To ensure participation of more competitive bidders. We request you to consider the experience of excluding similar major civil works associated with hydro electric power project, Please refer reply against Sl no. 1 of GVKRHEPPL's response to the first set of queries

of the bidders, published at GVK web site on 26.09.2011.20 Clause 2.2.1, a completion shall mean completion of earthworks in all types of soils/rocks (includes excavations and embankments considered together) not less than 90% of the total quantum of work in the said project and not less than 50% of the total quantum of concrete works envisaged for the applicant in the said project.

experience of excluding similar major civil works associated with hydro electric power project, irrigation projects and water conventional of the bidders, published at GVK web site on 26.09.2011.

21 Vol-I,Clause 2.2.1, b

Substantially completed 9.0m finished dia at least for a length of 2km in any single project. (Substantialcompletion shall mean completion of underground excavation not less than 90% of the total envisaged length of the tunnel in the said power project and concrete lining works not less than 50% of the total length of tunnel envisaged for the applicant in the said project. Excavation of carvens will be an added qualification to the applicant.)

Kindly consider the ongoing project in which the more than 2km tunnel is done. The Qualification Criteria shall remain unaltered.

22 Vol.-I,Clause 2.2.1, c

Substantially completed Civil works of dam in any single project involving over all height of not less than 80m from thedeepest foundation level and total quantum of concrete not less than 5 lakh cum. (Substantial completion shall meancompletion of all excavation works envisaged in the said project and not less than 50% of the total concrete quantityenvisaged in Dam for the applicant in the said project.)

Kindly consider the ongoing project in any single project involving over all height of not less than 60m for the deepest foundation level and total quantity of concrete not less than one lakh cum.

The Qualification Criteria shall remain unaltered.





23 Vol-I Clause 2.2.1, d

Substantially completion civil works of Power House in any single project with a rated capacity of not less than 300MW. (Substantial completion shall mean completion of all excavation works envisaged in the Power House of the said project and not less than 50% of the total concrete works envisaged in the Power House for the applicant in the said project.)

We request you to consider 100% of excavation worksonly envisaged in the power house. The Qualification Criteria shall remain unaltered.

said project.)

24

Note-2, AppendixITB-1, Volume-IIand last Para, Appendix-ITB-2,Volume-II

This should be signed by all members of Joint Ventures in case of Joint Venture bid.AndTo be jointly signed by all the authorized representatives of each of the Members of the Joint Venture.

Please clarify whether the authorized signatory of each JV member required to sign these forms separately.OrOnly authorised signatory of JV need to sign these forms

The description of the clause is clear. The authorised signatory of each JV member is required to sign the forms. The requirement of the bid document shall prevail.

25 DPR Vol-III, Clause 5.5.9, 5.5.10 Impervious material borrow area

Please provide us the distance of quarry site/source of impervious material to be used in cofferdam construction from the Dam axis. Also specify whether the land for quarry/source for impervious material is acquired or not?

The land for quarry site has been acquired. For the distance of quarry site from the Dam axis, please refer the bid documents and the drawings furnished along with the bid documents.

Please clarify that the project is covered under Mega Power Project Policy and/or Deemed GVKRHEPPL confirms that the project shall be covered under the Mega Power Project 26 Please clarify that the project is covered under Mega Power Project Policy and/or Deemed Export Benefits for exemption of custom/excise benefits.

GVKRHEPPL confirms that the project shall be covered under the Mega Power Project Policy.

27 Kindly specify the limit of heading inflow up to which the risk is allocated to the contractor Please refer reply against Sl no. 62 of GVKRHEPPL's response to the first set of queries of the bidders, published at GVK web site on 26.09.2011.

For construction power, please refer reply against Sl no. 96 of GVKRHEPPL's response to the first set of queries of the bidders, published at GVK web site on 26.09.2011 and reply at Sl no 8 above.

28 Please clarify that the civil contractor will be responsible for construction power/area lighting and dewatering of the third party's work in the same location of work.

reply at Sl no 8 above.

Area lighting , dewatering and any such work which shall be required to be carried out for carrying out the construction activity smoothly shall be considered by the bidder in its scope.

However, if the Owner at any time during the currency of contract desires that Civil contractor shall provide any of these facilities to third party working in the same area, on the demand of third party, the Civil contractor shall have to provide the same. However cost for the same shall be paid to civil contractor by the such third party at terms mutually cost for the same shall be paid to civil contractor by the such third party at terms mutually

The process of alternate bid evaluation seems slightly changed from our understanding during

The observation of the bidder is correct.

To encourage the bidders for their own schemes and designs, the revised process for alternate bids has been adopted by GVKRHEPPL.

Bidders who are willing to submit the alternate bids, they should submit alternate technical bid along with the main technical bid and it should be mentioned in the main technical bid that alternate proposal (bid) is also attached. The alternate price bid should

29Response No.10,46 47 etc. to pre bid queries

The process of alternate bid evaluation seems slightly changed from our understanding during the pre-bid conference.

It was in fact understood from discussions that alternate bids will be opened only for the lowest bidder.

Now it is said that “the same [alternate design] will be considered on technical as well as economic suitability and weitage shall be given on alternate bid and which shall be evaluated before opening of the price bid”.

technical bid that alternate proposal (bid) is also attached. The alternate price bid should be submitted along with main price bid.

At first the main technical bid will be evaluated along with the technical criteria and if found suitable, alternate technical bid also will be evaluated by GVKRHEPPL and total scheme shall be seen. Technical weitage on innovative technologies, optimised designs etc. shall be given. If main technical bid is not found suitable, alternate technical bid will not be evaluated.

The bids which are found technically suitable, the price `bids for those will be opened for

The process is unclear and we respectfully require additional precision from GVK.

How the economic benefit of the alternate bid will be considered on the bid price?

The bids which are found technically suitable, the price `bids for those will be opened for main as well as alternate bids and at that point of time economic benefit shall be assessed for the alternate bid.

The bid which will be economically strong, technically superior and with best completion time shall be given weitage.





The provision of contingency clause is quite clear in the bid documents.

If the bidder is not comfortable with the contingency provision provided in the bid documents, an option has been given to the bidder to submit risk analysis and risk

30GVK Response no.62 to pre bid queries

Room has been given for the Contractor to submit a risk analysis and sharing criteria in replacement to the clause of 10% of contingencies in the technical bid itself.

However it is not clear how the proposed mechanism will be taken into account in the bid evaluation.

We believe that the interpretation of the contingency clause indeed needs to be further clarified by GVK.

documents, an option has been given to the bidder to submit risk analysis and risk sharing criteria in replacement to the contingency provision of the bid document and the same shall be evaluated during technical bid evaluation.

Overall benefit to the project shall be the criteria for evaluation.

However, the Owner reserves the right to accept or reject the risk sharing criteria.


The same need of further evaluation and clarification should also refer to the Owner’s Responsibility over Diversion flood and the possible over-flooding of structures during Monsoon season.

GVKRHEPPL reply against Sl no. 62 of first set of queries , published at GVK web site on 26.09.2011 is quite clear. Please also refer our response against Sl no. 30 above.

32Interfaces

between Civil and EM Lots

The Owner’s Requirement defined in the contract volume V about Power intake seems incomplete to properly address the responsibilities interfacing between the EM equipment and the Civil Lot.

Only design discharge and FRL of the tunnels is mentioned, but no question of the head losses in the water conveyance system, that may considerably affect the turbine efficiency and consequently the performance estimation and penalties in the EM contract.

No Interface of E&M works with Civil works is required at Power Intake. The work of E&M Contractor starts from MIV onwards.

EM Lots consequently the performance estimation and penalties in the EM contract.

We respectfully request that the interface management between the two different lots is specified (pls also refer to Clause 2.4 of SCC PD&E Volume IV).

In E&M Contract the efficiency and performance of E&M equipment shall be taken care of.


VOL. IV SCC – SECTION II CL.3.2

According to this clause, contingencies for civil works will only cover for balance of BOQ items and not for additional works and delays which may arise from lack of a comprehensive full scale Risk Assessment of the project.

Please clarify.

Please refer our reply against Sl no. 30 above.

The payment against contingency shall be made only for unforeseen items and that to after technical approval of the competent authority.

34Response No.34,35,49 etc. to pre bid queries

We confirm that the proposed construction schedule looks unrealistic, in particular we believe for the first phases of the Project.

We believe also that flexibility should be assured in the bid technical evaluation, thus receiving and considering alternative proposals by the Bidder.

Please comment.

Completion period of 54 months for the works is a pre-requisite of GVKRHEPPL for entering into a contract and is sacrosanct. Point is not clear. Please clarify. For alternate proposal please refer reply against Sl no. 29 above.

Please comment.

35 Response No.52 to pre bid queries

We respectfully insist in requesting the preliminary design of this gallery, or a confirmation that it shall not be part of the bid proposal.

Details are already provided in the following drawings:Drg. No. 71.2133.03.006Drg. No. 71.2133.03.008Drg. No. 71.2133.03.009

Response No.54 We respectfully insist in our request that preliminary design drawings for missing underground The basic design and drawings of the main components are included in Volume-III of Tender documents. EPC contractor shall have to prepare designs and drawings and 36 Response No.54

to pre bid queries

We respectfully insist in our request that preliminary design drawings for missing underground elements be provided to all prospecting bidders, or kindly confirm that they will be detailed and qualified after bid submission.

Tender documents. EPC contractor shall have to prepare designs and drawings and submit the same to the Owner for approval. This will include all details necessary for construction.






Same request as above for preliminary design assumptions and geometry of envisaged connection of auxiliary tailrace tunnel into diversion tunnel.

The TRT of Auxiliary unit after its junction with Diversion tunnel, shall be accommodated in Diversion tunnel and with its control at Outlet structure.to pre bid queries connection of auxiliary tailrace tunnel into diversion tunnel. in Diversion tunnel and with its control at Outlet structure.


We shall record that the additional information uploaded in your website only covers a limited area around power house drift.

No in-situ information is apparently provided for all other underground sections of the works. Data related to In-situ tests at Dam and Power House had already been uploaded on our website. No additional In-situ tests are proposed to be carried out by the Owner.38 to pre bid queries No in-situ information is apparently provided for all other underground sections of the works.

Please kindly clarify at your earliest opportunity if additional information will be available shortly to allow for further review of ongoing bid study.

website. No additional In-situ tests are proposed to be carried out by the Owner.

With respect to tender document number GVKRHEPPL/RATLE/EPC/01, and further with respect to clause 2.1.c) of Annexure 1 of the said document, we understand as follows:respect to clause 2.1.c) of Annexure 1 of the said document, we understand as follows:

It is mentioned that the bid can be made by a joint venture of various companies with one of the partner acting as lead partner.With respect to lead partner it is mentioned that lead partner would be one whose company is registered in India.

We understand that in case of a consortium which has a foreign company as the lead partner, it would set up a project office in India for the purpose of executing the contract in India. On careful reading of the clause 2.1 c) of Annexure-1, it may be stated that the

understanding of Bidder is not appropriate and correct and what appears is that lead

39 However, the project office would only be set up in India once the project is awarded to such foreign company or the consortium.

Once the project is awarded and foreign company establishes a project office in India, the foreign company would file for requisite registrations with Reserve Bank of India, Registrar of Companies and Tax Authorities in India.

However, at the time of submitting the bid, none of these registrations would be taken since these registrations would be taken only after the award of the contract.

understanding of Bidder is not appropriate and correct and what appears is that lead partner, if it is a company, must be registered in India and its understanding with regard to registrations with various authorities in India post award of the contract and post setting up of project office in India will not be sufficient compliance with provisions of clause 2.1.c) of Annexure 1.

these registrations would be taken only after the award of the contract.In our understanding, registrations with various authorities in India post award of the contract and post setting up of project office in India would be sufficient compliance with provisions of clause 2.1.c) of Annexure 1.Please kindly confirm.

gvk ratle hydro electric project private … · may do so but in a separate boq and no payment...

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