AMMONIA UREA PLANT BASED ON COAL GASIFICATION TALCHER FERTILISERS LIMITED ODISHA (INDIA) Amendment - VII. NIT NO.: PNMM/PC 009/E-4002 dated

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1 7 PDIL, AMMONIA UREA PLANT BASED ON COAL GASIFICATION TALCHER FERTILISERS LIMITED ODISHA (INDIA) Date Amendment - VII To NIT NO.: PNMM/PC 009/E-4002 dated This is for information of all Bidders who have already purchased and those who are willing to purchase the subject NIT document, that Amendment VII (Commercial) dated is being issued and shall be read in conjunction to the NIT and subsequent Amendments issued till date. Note: Scope of work and other terms & conditions of NIT shall prevail as per original NIT alongwith subsequent amendments. F & on behalf of T Icher Fe rs Ltd. (TFL) (P. R. Sahu) Addl. G. M (M.M) Ph.: EPABX: /43/47/51 Extn prsahu@pdilin.com

2 Amendment VII (Commercial) Dated to NIT PNMM/PC-009/E-4002 For Ammonia Urea Frtilizer Plant Based on Coal Gasification at Talcher. Odisha (lndia) Sl. PART I, COMMERCIAL 1 I/ of Zero Deviation and Rejection Criteria 1.0 INSTRUCTIONS TO BIDDERS 20. Zero Deviation and Rejection Criteria 20.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to rejection of bid. TFL will accept bids based on terms & conditions of "Bidding Documents" only. Bidder may note TFL will determine the substantial responsiveness of each bid to the Bidding Documents pursuant to provision contained below. For purpose of this, a substantially responsive bid is one which conforms to all terms and conditions of the Bidding Documents without deviations or reservations. TFL's determination of a bid's responsiveness is based on the content of the bid itself without recourse to extrinsic evidence. TFL reserves the right to raise technical and/or commercial query(s), if required, may be raised on the bidder(s). The response(s) to the same shall be in writing, and no change in the price(s) or substance of the bids shall be sought, offered or permitted. The substance of the bid includes but not limited to prices, completion, scope, technical specifications, etc. Bidders are requested to not to 20. Deviation and Rejection Criteria 20.1 DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to rejection of bid. TFL will accept bids based on terms & conditions of "Bidding Documents" only. Bidder may note TFL will determine the substantial responsiveness of each bid to the Bidding Documents pursuant to provision contained below. For purpose of this, a substantially responsive bid is one which conforms to all terms and conditions of the Bidding Documents without deviations or reservations. TFL's determination of a bid's responsiveness is based on the content of the bid itself without recourse to extrinsic evidence. TFL reserves the right to raise technical and/or commercial query(s), if required, may be raised on the bidder(s). The response(s) to the same shall be in writing, and no change in the price(s) or substance of the bids shall be sought, offered or permitted. The substance of the bid includes but not limited to prices, completion, scope, technical specifications, etc. Bidders are requested to not to take Page1of8

3 take any deviation/exception to the terms and conditions any deviation/exception to the terms and conditions laid laid down in this " Bidding Documents", and submit all down in this " Bidding Documents", and submit all requisite documents as mentioned in this "Bidding requisite documents as mentioned in this "Bidding Documents", failing which their offer will be liable for Documents", failing which their offer will be liable for rejection. If a bidder does not reply to the queries in the rejection. If a bidder does not reply to the queries in the permitted time frame then its bid shall be evaluated based permitted time frame then its bid shall be evaluated based on the documents available in the bid. on the documents available in the bid REJECTION CRITERIA: Notwithstanding the above, 20.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following clauses of Tender document shall deviation to the following clauses of Tender document lead to summarily rejection of Bid: may lead to rejection of Bid: a. Firm Price a. Firm Price b. Earnest Money Deposit b. Earnest Money Deposit c. Specifications & Scope of Work c. Specifications & Scope of Work d. Schedule of Rates/ Price Schedule / Price Basis d. Schedule of Rates/ Price Schedule / Price Basis e. Time/Completion schedule e. Time/Completion schedule f. Validity of Bid f. Validity of Bid g. Payment Terms g. Payment Terms h. Mutually Agreed Damages h. Mutually Agreed Damages i. Overall Ceiling on Total Liability i. Overall Ceiling on Total Liability j. Security cum Performance Guarantee j. Security cum Performance Guarantee k. Guarantee / Defect Liability Period k. Guarantee / Defect Liability Period l. Patent Infringement and Indemnification l. Patent Infringement and Indemnification m. Arbitration / Settlement of Dispute m. Arbitration / Settlement of Dispute n. Governing Laws, Language and Measures n. Governing Laws, Language and Measures o. Force Majeure o. Force Majeure Page2of8

4 p. Integrity Pact, p. Integrity Pact, q. Any other condition specifically mentioned in the tender q. Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause document elsewhere that non-compliance of the clause lead to rejection of bid lead to rejection of bid Note: Further, it is once again reminded not to mention any Note: Further, it is once again reminded not to mention any condition in the Bid which is contradictory to the terms and condition in the Bid which is contradictory to the terms and conditions of Tender document. conditions of Tender document Examination of bids and determination of responsiveness 20.3 Examination of bids and determination of responsiveness The owner s determination of a bid s responsiveness is The owner s determination of a bid s responsiveness is based on the content of the bid only. Prior to the detailed based on the content of the bid only. Prior to the detailed evaluation of Bids, the Owner will determine whether each evaluation of Bids, the Owner will determine whether Bid:- each Bid:- (a) Meets the "Pre-Qualification Criteria" of the Bidding (a) Meets the "Pre-Qualification Criteria" of the Bidding Documents; Documents; (b) Has been properly signed; (b) Has been properly signed; (c) Is accompanied by the required 'Earnest Money; (c) Is accompanied by the required 'Earnest Money; (d) Is substantially responsive to the requirements of the (d) Is substantially responsive to the requirements of the Bidding Documents; and Bidding Documents; and (e) Provides any clarification and/or substantiation that the (e) Provides any clarification and/or substantiation that Owner may require to determine responsiveness the Owner may require to determine pursuant to Clause of this ITB. responsiveness pursuant to Clause of this ITB A substantially responsive Bid is one which conforms to all A substantially responsive Bid is one which conforms to the terms, conditions and specifications of the Bidding all the terms, conditions and specifications of the Page3of8

5 Documents without material deviations or reservations or Bidding Documents without material deviations or omissions for this purpose Owner defines the foregoing reservations or omissions for this purpose Owner terms below:- defines the foregoing terms below:- a) Deviation is departure from the requirement specified a) Deviation is departure from the requirement in the tender documents. specified in the tender documents. b) Reservation is the setting of limiting conditions or b) Reservation is the setting of limiting conditions or withholding from complete acceptance of the withholding from complete acceptance of the requirement in the tender documents. requirement in the tender documents. c) Omission is the failure to submit part or all of the c) Omission is the failure to submit part or all of the information or documentation required in the tender information or documentation required in the tender document. document A material deviation, reservation or omission is one that, A material deviation, reservation or omission is one that, a) If accepted would, a) If accepted would, i) Affect in any substantial way the scope, quality, or i) Affect in any substantial way the scope, quality, or performance of the job as specified in tender performance of the job as specified in tender documents. documents. ii) Limit, in any substantial way, inconsistent with the ii) Limit, in any substantial way, inconsistent with the Tender Document, the Owner s rights or the Tender Document, the Owner s rights or the tenderer s obligations under the proposed tenderer s obligations under the proposed Contract. Contract. b) If rectified, would unfairly affect the competitive position b) If rectified, would unfairly affect the competitive of other bidders presenting substantially responsive position of other bidders presenting substantially bids. responsive bids The Owner shall examine all aspects of the bid to confirm The Owner shall examine all aspects of the bid to confirm that all requirements have been met without any material that all requirements have been met without any deviation, reservation or omission. material deviation, reservation or omission. Page4of8

6 If a Bid is not substantially responsive, it may be rejected 20.4 Bidders shall confirm compliance to bidding documents by the Owner. and may not subsequently be made as per Annexure 1.19 (rev1). responsive by correction or withdrawal of the material deviation, reservation or omission Should it, however, become unavoidable, deviations should be separately and specifically stipulated only in the prescribed Annexure-1.4. OWNER reserves the right to reject as non-responsive any bid containing major deviation(s) Bidder is requested to furnish the complete and correct information required for evaluation of his Bid. If the information with regard to resources and concurrent commitments or any other information / document forming basis of evaluation is found incomplete/incorrect, the same may be considered as adequate ground for rejection of Bid Deputation Of 25.0 Deputation Of Representative For Technical & 25.0 Deputation Of Representative For Technical & Representative For Commercial Discussions Commercial Discussions Technical & Commercial Discussions After opening of the Bids, to assist in the examination, evaluation 25.1 After opening of the Bids, to assist in the examination, and comparison of Bids, OWNER may, at its discretion, ask the evaluation and comparison of Bids, OWNER may, at its Bidder for clarification on its Bid. The request for such clarification discretion, ask the Bidder for clarification on its Bid. The and the response shall be in writing either through fax or . request for such clarification and the response shall be in writing either through fax or . Page5of8

7 Further OWNER may ask BIDDER to visit OWNER's/PDIL s office for technical, commercial or financial clarifications. Further OWNER may ask BIDDER to visit OWNER's/PDIL s office for technical, commercial or BIDDER is expected to undertake such visits and participate in financial clarifications. such meetings as and when called by the OWNER. All costs related to such visits shall be borne by BIDDER. BIDDER is expected to undertake such visits and participate in such meetings as and when called by the OWNER. All costs related to such visits shall be borne by BIDDER While evaluating the techno-commercial bids, if in the opinion of Owner and/or Consultant certain additions / deletions / modifications in the tender conditions become inevitable, then the Owner/Consultant shall discuss with all the participating bidders and finalize a common addition/deletion/modifications list. The bidders shall also be asked to submit the Letter of Waiver as per Annexure 1.19 of bid document taking cognizance of the common addition / deletion / modification list. The Owner reserves the right to open the price bids of the techno-commercially acceptable bidders without seeking any changes in price on account of the said accepted changes However, if in the opinion of the Owner, any add-on/take-off prices is required to be sought, such bidder(s) whose Page6of8

8 technical and un-priced commercial proposals are acceptable and complete and who have submitted the Letter of Waiver as per Annexure 1.19 of bid document, shall be asked to submit supplementary price bid [the supplementary price bid shall be in the format asked by owner /consultant ] in a sealed envelope before a stipulated cut-off date indicating the add-on/take-off price, if any, only with respect to accepted /or rejected deviations. There shall be an overall cap of (+) 3.5% of their original overall quoted price on the add-on price but there will be no cap on the take-off price. The bidders not complying with the above cap percentage shall be rejected After opening of the Price Bid, including Schedule of Price (Supplementary), if any, no change in the quoted price shall be permitted The LSTK/Total Contract Price for the purpose of Financial Comparison of Bids as provided under clause no of ITB shall be the arithmetic sum of (1) LSTK/Total Contract Price quoted in the original SCHEDULE OF PRICES (as per format Annexure 1.2 of bid document including all revisions thereof) and (2) Supplementary Price submitted by the bidders (if any) as per clause 25.3 above. Page7of8

9 Attachments 1 EXCEPTION/DEVIATION, Annexure 1.4 Replaced by EXCEPTION/DEVIATION, Annexure 1.4 (Rev-1) attached 2 LETTER OF WAIVER OF CONDITIONS / DEVIATIONS Annexure 1.19 Replaced by LETTER OF WAIVER OF CONDITIONS / DEVIATIONS, Annexure 1.19 (Rev-1) attached Page8of8

10 AMMONIA UREA PLANT BASED ON COAL GASIFICATION TALCHER FERTILIZERS LIMITED, ODISHA (INDIA) FORMAT OF LETTER OF WAIVER OF CONDITIONS / DEVIATIONS PC009/E-4002/P- I/ Annx-1.19 DOC. NO. SHEET 1 OF 1 1 REV. (ON COMPANY S LETTERHEAD) SUBJECT:SUPPLY OF PROCESS LICENSE, BASIC DESIGN, DETAILED ENGINEERING, PROCUREMENT, SUPPLY, MANUFACTURE, FABRICATION, INSPECTION BY THIRD PARTY INSPECTION AGENCY (TPI) AS APPLICABLE, TRANSPORTATION OF ALL EQUIPMENT & MATERIAL TO SITE INCLUDING LOADING, UNLOADING, STORAGE, MAINTENANCE, CONSTRUCTION AND ERECTION OF ALL CIVIL, MECHANICAL, ELECTRICAL AND INSTRUMENTATION WORKS, INSTALLATION, OBTAINING ALL NECESSARY STATUTORY APPROVALS FROM CONCERNED GOVERNMENT AUTHORITIES AS APPLICABLE, TESTING, MECHANICAL COMPLETION, PRE- COMMISSIONING, COMMISSIONING, SUSTAINED LOAD TEST RUN, PERFORMANCE GUARANTEE TEST RUNS, SIX MONTHS SUPERVISORY OPERATION AND MAINTENANCE ASSISTANCE AFTER GTR, TOTAL PROJECT MANAGEMENT AND HANDING OVER OF NEW SINGLE STREAM AMMONIA SYNTHESIS UNIT WITH AMMONIA SYNTHESIS GAS AS FEEDSTOCK FOR 2200 MTPD AMMONIA PRODUCTION AND SINGLE STREAM 3850 MTPD PRILLED UREA PLANT AND ITS ASSOCIATED FACILITIES ON LSTK AND SINGLE POINT RESPONSIBILITY BASIS, AT TALCHER, ANGUL DISTRICT, ODISHA, FOR TALCHER FERTILIZERS LIMITED. (NIT NO : PNMM/PC009/E-4002 DATED ) We * hereby agree to fully comply with, abide by and accept without variation, deviation or reservation all technical, commercial and other condition whatsoever of the Bidding Documents and all Addenda / Corrigenda / Clarifications issued by OWNER. We further hereby waive, withdraw and abandon any and all deviations, variations, objections or reservations whatsoever hereto set out, given or indicated in our offer, clarifications, correspondence, communications, or otherwise with a view that the price bid submitted may be treated to conform to, in all respects, with the terms and conditions of the said tender documents including all Addenda / Corrigenda/Clarifications. For and on behalf of*... Stamp & Signature** : Name : Designation : Date : * Here fill in the name of bidder. ** The Letter of Waiver must be signed by the person (s) authorised to sign. All rights reserved

11 AMMONIA UREA PLANT BASED ON COAL GASIFICATION PC009/E-4002/P-I/ Annx TALCHER FERTILIZERS LIMITED, ODISHA (INDIA)) EXCEPTION/DEVIATION DOC. NO. SHEET 1 OF 1 REV. SUBJECT : SUPPLY OF PROCESS LICENSE, BASIC DESIGN, DETAILED ENGINEERING, PROCUREMENT, SUPPLY, MANUFACTURE, FABRICATION, INSPECTION BY THIRD PARTY INSPECTION AGENCY (TPI) AS APPLICABLE, TRANSPORTATION OF ALL EQUIPMENT & MATERIAL TO SITE INCLUDING LOADING, UNLOADING, STORAGE, MAINTENANCE, CONSTRUCTION AND ERECTION OF ALL CIVIL, MECHANICAL, ELECTRICAL AND INSTRUMENTATION WORKS, INSTALLATION, OBTAINING ALL NECESSARY STATUTORY APPROVALS FROM CONCERNED GOVERNMENT AUTHORITIES AS APPLICABLE, TESTING, MECHANICAL COMPLETION, PRE- COMMISSIONING, COMMISSIONING, SUSTAINED LOAD TEST RUN, PERFORMANCE GUARANTEE TEST RUNS, SIX MONTHS SUPERVISORY OPERATION AND MAINTENANCE ASSISTANCE AFTER GTR, TOTAL PROJECT MANAGEMENT AND HANDING OVER OF NEW SINGLE STREAM AMMONIA SYNTHESIS UNIT WITH AMMONIA SYNTHESIS GAS AS FEEDSTOCK FOR 2200 MTPD AMMONIA PRODUCTION AND SINGLE STREAM 3850 MTPD PRILLED UREA PLANT AND ITS ASSOCIATED FACILITIES ON LSTK AND SINGLE POINT RESPONSIBILITY BASIS, AT TALCHER, ANGUL DISTRICT, ODISHA, FOR TALCHER FERTILIZERS LIMITED. Bidder shall either stipulate in this form 1. We make no exception/deviation to this bid or 2. This bid is subject to the following exception/deviations and fill in the below Sl. No Section of bid doc.. Page Clause Article, Paragraph Requirement Exception/ Deviation NOTE : 1. If unavoidable, Bidder may stipulate deviations to the requirements of the Bidding Document only in this format. 2. Bidder shall furnish Technical and Commercial deviations, if any, separately. Also, Technical deviations shall be furnished separately for each discipline i.e. Process, General Civil, Structural, Architectural, Piping, Mechanical Equipment, Pressure Vessels, Rotating Equipment, Electrical, Instrumentation, Construction etc. 3. Any deviations stated elsewhere in the bid shall not be taken into account and may render the bid non-responsive and liable to be rejected. 4. A soft copy of this Annexure-1.4, in editable form, shall also be submitted by the Bidder. For and on behalf of :... Stamp & Signature : Name : Designation : Date : All rights reserved