Page 1 of 30
Dated 20th
February, 2015
1. The Employers Response to the following set of Queries alongwith the Addendum/
Corrigendum-4 are appended below.
The last date of Receipt of further queries if any is February 27, 2015 in terms of ITB
7.1. No further queries would be entertained thereafter.
2. Employers Response to Queries:
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
1 I 5 Particular
Conditions
8.7 Maximum
amount of
delay
damages
There is no maximum
amount of penalty for
Group C, which is not
acceptable.
In the clause 21.2 of
Breach of Maintenance
Obligations, the
calculations method of
“Loss or Damages” for
Reliability and Availability
is provided, however, other
than “Breach of
Maintenance Obligations
(Reliability and
Availability)”, there are
many obligations with
penalty condition under
PS-2 (eg. the word
“penalty(ies)” is used in the
clause 13.6 as well as the
word “damage(s)” in
many clauses of PS-2
Particular Specification
for Maintenance of Electric
Locomotive). Such words
are used as a general noun
and not capitalized
(defined).
Bidder would like
Employer to change
those non-capitalized
words as “Delay
Damages” and set the
maximum amount of Delay
Damages for Group C. (For your reference, it is
defined as “the word
‘Delay Damages’ is
synchronous with
‘Liquidated Damages’” in
[1.2 Interpretation] in
Particular Conditions.)
Since Availability
and Reliability are
to be calculated on
Fleet Average
Basis, no limit of
maximum amount
on Damages has
been considered
and therefore, no
change is
contemplated for
Group C items.
Clause 13.6 of PS-
2 is amended as:
“In case, a
locomotive is
delayed in
maintenance,
owing to non-
availability of
material, Damages
penalties would be
payable equal to
5% (five percent)
of the price of the
Spare for each day
of delay, or part
thereof, until that
Spare is supplied.
In the event that
any delay
hereunder shall
cause delay in
making available a
Locomotive, the
delay in supply
hereunder shall be
deemed as Non-
Available Hours.”
2 I 3 93 Form of
Bid
Security
“the Employer”
Definition of this term is
not stipulated within the
The form of Bid
Security has been
amended with
addition of words
Page 2 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
form.
Please replace “the
Employer” to “Ministry of
Railways, Government of
India” accordingly.
i.e. “whom the
Contract defines as
the Employer”
under the
identification of
Beneficiary.
3 1
(1/2)
3 105 Form I-B-3
(h), note 4
Clause 22.1.2, PS-3 Part C1
of Volume III states that
“Employer shall deploy all
personnel necessary for
operation and management
of ELMD. Such deployment
shall include competent
managers…(rest omitted)”
Judging from the foregoing
provision, the Tenderer
understands that General
Manager and Functional
Managers as stated in note 4
of Form I-B-3 paragraph (h)
shall all be the Employer’s
personnel and therefore that
the Tenderer should not be
required to provide such
personnel nor submit
curriculum vitae (CV)
thereof. Please confirm
foregoing understanding is
correct.
If the Tenderer is still
required to submit aforesaid
CV, please specify the
personnel corresponding to
the Functional Managers,
since no Functional Manager
appears to be existing in the
list of Form I-B-3 paragraph
(h).
General Manager
and Functional
Manager
mentioned in this
note refer to the
Contractor's
Personnel.
Functional
Manager means
Functional Heads
mentioned in
paragraph (h) at s.
nos. 2 to 9.
4 1
(1/2)
3,
Form
I-B-
6(8)
142 3 The Tenderer requests the
Employer to provide
definitions of the terms
“capital spares” and
“maintenance spares” as
used in Clauses 3.1 and 3.3,
since the difference of the
two is not clear by the
description provided in the
respective clauses.
Capital spares are
high value spares
which generally
have a long life
and long delivery
period.
Maintenance
Spares are all
other spares except
Capital spares,
which are required
for maintenance.
These lists will
however be
proposed by the
Page 3 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Contractor in
consultation with
the Engineer after
award of the
Contract.
5 1
(1/2)
5, Part
II,
Part A
154 1.1.3.7 Judging from PC 1.1.3.7, GS
27.6.16, GS 27.6.18 and GS
27.10.3, the Tenderer
understands that the
Contractor’s maintenance
obligation of the ELMD
Stage 1 as well as the Defect
Liability Period thereof shall
start upon the taking over of
ELMD stage 1, which shall
match with the issuance of
the Taking Over Certificate
for the three Prototype
Locomotives as stipulated in
GS 27.6.16. .
As GS 27.7.5 states contrary
to the aforementioned
provisions that taking over
shall commence at the
completion of period of
maintenance obligation,
please correct GS 27.7.5
accordingly to be consistent
with the aforementioned
provisions.
Further, please confirm that
the term of “acceptance
certificate” as used under
27.6.12 shall be read as
Taking Over Certificate,
'Taking over'
mentioned in
Clause 27.7.5
refers to taking
over of Works at
the end of
Maintenance
Period, i.e. the
final handing over
after completion of
'Maintenance
Support', and not
the issue of Taking
Over Certificate /
Acceptance
Certificates after
completion of
Works which is
mentioned in 27.6.
There is no PC
1.1.3.7 as
mentioned by the
Bidder. It is
however, ATB
1.1.3.7.
Stipulations of
ATB 1.1.3.7 are
clear and self
explanatory.
Hence, no changes
in the above
Clauses are
contemplated.
6 1
(1/2)
5, Part
II,
Part A
161 Table:
Definition
of Sections
Description of RS-1 states
“Procurement of proto-type
locomotives (3 nos.) made in
Japan – Successful
completion of Prototype
Test”, which is to be
completed by “1125 days
from the Commencement
Date”.
Please refer Clause
5.8 & 5.9 of PS-5
(Vol. III) and
Clause 27.2.3 &
27.2.4 of GS for a
clear
understanding.
Page 4 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Judging from starting date,
“D+37(1125)”, of activity
“L10 Service Trials on DFC
Lines (50,000 km/loco)”
defined in Appendix-1 to
Part B of Section 8 General
Specification, the Tenderer
understands that the issuance
of a Provisional Acceptance
Certificate (PAC) for the
Prototype Locomotives shall
constitute completion of
Prototype as referred to
under RS-1 and that Service
Trial shall not be construed
as part of the Prototype Test
for the conditions of
completion. Please confirm
foregoing understanding is
correct.
7 1
(1/2)
5, Part
II,
Part B
176 13.7 Clause 8.4 (d) of section 5
entitles the Contractor to
claim extension of time “due
to changes in laws”, making
reference to Clause 13.7,
which is conversely deleted
by Clause 13.7 under
Section 5.
The Tenderer believes that it
is unreasonable and against
the industry practice to
require the Contractor to
bear the burden of schedule
and cost implications
resulting from any changes
to the law, regulation,
statutes or standards that are
implemented after the
Commencement Date in
light of the periods for
contract execution over this
long-running term, as such
changes are unforeseeable
and uncontrollable by the
Contractor.
Accordingly, the Tenderer
requests that Clause 13.7 of
the General Conditions be
reinstated.
The Employer
perceives that the
taxes/duties are
likely to be
impacted by
change in law.
Accordingly
reimbursement of
taxes/duties have
been adequately
covered. Hence, no
change in this
Clause is
contemplated.
However, the
provision of PC 8.4
have been amended
as under:
Delete Sub-
Clauses (d) and
substitute as
under:-
“Unforeseeable
shortages in the
availability of
Goods caused due
to governmental
action changes in
laws in accordance
with the provisions
of Sub-Clause
13.7”
8 5 176 Particular
Conditions
13.7
Adjustmen
ts for
[Change in Legislation]
Please find the line for Item
No.1 of Appendix A:
Clarification Record for
The Employer
perceives that the
taxes/duties are
likely to be
impacted by
Page 5 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Changes in
Legislation
Major Contractual
Conditions, which is
attached to this Clarification
Sheet.
According to the Response
to the Queries in the 2nd
Pre-Bid Meeting, Employer
seems to consider this issue
only for change of Indian
Tax Legislation.
However, Bidder’s concern
is not only for the Indian Tax
Legislation but also includes
the General Indian
Legislation. Examples of
Bidder’s Concern are as
follows;
Ex.1: If Indian Labor Law
changes after the
Tender Base Date, and
normal working hours
in India become
moderated, either time-
over-run or cost-over-
run is inevitable.
Ex.2: If Indian
Environmental Law
changes after the
Tender Base Date, and
some new
environmental
assessments becomes
mandatory for this
project, either time-
over-run or cost-over-
run is inevitable.
Please note Bidder can take
Legislation Change Risk of
outside India, but Bidder
cannot take Indian
Legislation Change Risk.
Therefore, Bidder would like
Employer to revive this
clause, i.e. Clause 13.7 of
General Condition .
change in law.
Accordingly
reimbursement of
taxes/duties have
been adequately
covered. Hence, no
change in this
Clause is
contemplated.
9 5 176 Particular
Condition
13.8
Adjustmen
[Price Adjustment Clause
for ELMD]
Please find the line for Item
No.4 of Appendix A:
Bidders may note
that construction of
ELMD is not an
independent
Page 6 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
t for
Changes in
Cost
Clarification Record for
Major Contractual
Conditions, which is
attached to this Clarification
Sheet.
During the 2nd
Pre-Bid
Meeting, Employer
mentioned that Price
Adjustment Clause shall not
applicable for ELMD, but
the reason is not clear and
Bidder cannot accept.
Please note if there is no
Price Adjustment Clause in
ELMD, Bidder has to put
contingency for the same
instead and increase Bid
Price unwillingly, which is
not small impact in this
project, since the amount of
ELMD must consist one of
major portion in this
Package under the current
demanding tender condition.
Please refer to Section 4.12
in the JICA’s ODA
Procurement Guideline
(Amendment on March
2009). Application of Price
Adjustments Clause is
recommended as follows;
“It is generally
recommended that price
adjustment provisions be
necessary for works
contracts which extend
beyond one year, and that
such provisions be
included even for works
contracts which is less
than one year, if
fluctuation of prices is
expected within a
relatively short time
period. ”
Under these circumstances,
Bidder would like Employer
to reconsider to apply
Bidder’s proposing Price
Adjustment Index for
ELMD, which is again
contract but part of
a composite
contract
comprising Design,
Manufacturing/
Construction,
Supply,
Installation,
Testing &
Commissioning of
Electric
Locomotives cum
Maintenance &
Depot works
including Transfer
of Technology
(TOT). Therefore,
all commercial
provisions in the
Bid Document
needs to be
considered for the
Tender Package as
a whole.
Accordingly,
advance payments
have been
provided.
Similarly, Price
Variation for Local
& Foreign
currency have also
been factored for
Group A items.
Hence, no change
in this Clause is
contemplated.
Page 7 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
attached herein as Appendix
C.
10 5 Particular
Conditions
14.1
The
Contract
Price
[Tax Reimbursement]
Please find the line for Item
No.2 of Appendix A:
Clarification Record for
Major Contractual
Conditions, which is
attached to this Clarification
Sheet.
According to the Employer’s
Response to the Queries in
the 2nd Pre-Bid Meeting,
Employer states that PC 14.1
is clear and self-explanatory,
but that doesn’t suffice our
requirements.
Bidder seriously concerns
the feasibility of
reimbursement procedure
and impact to the cash flow
plan, so please clarify the
following details.
1) List of all the tax item
which can be
reimbursable in this
project
2) Timing of Contractor’s
reimbursement claim to
Employer
(Any time Contractor
deposit tax? Monthly?
Yearly? Or one time in
Final Payment
Application. )
3) All the required evidence
to be submitted to Employer
(Only Tax Invoice? Copy
of Bank Statement is also
required?)
4) Required Period for
Employer to make
reimbursement
5) Amount of
Reimbursement
(Gross tax amount
mentioned in each
Contractor’s Tax Invoice?
Or Net Tax amount
deposited by Contractor to
It is reiterated that
existing provisions
in Clause PC 14.1
are clear and self-
explanatory.
However,
payment/reimburse
ment of
taxes/duties would
be made along with
the payment for the
respective stages
mentioned in the
schedules
(Schedules 4.1 to
4.20 of Price Bid:
Bid Document:
Vol. 1 – Part 2/2,
further explained
in Schedule 5).
Where payment is
made in more than
one part, the
payment/reimburse
ment of
taxes/duties would
be made along with
the last payment.
As already
indicated in Clause
14.1, documentary
evidence relating
to the tax payment
having been made
would have to be
enclosed along
with the claim.
Claims would be
examined and
payments made as
per Clause 14 of
General Conditions
as amended by
relevant Particular
Conditions.
The tax
reimbursement is
applicable only to
Page 8 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Authority after offset of
input credit amount paid
by Contractor to its
subcontractors? )
6) Reimbursement for
Subcontractor’s Tax
(Whether reimbursement
is also available for Indian
Indirect Taxes (both
Federal and State level)
and Custom Duties
incurred by Subcontractors
at the import/delivery of
either permanent material
or construction/temporary
equipment, if Contractor
submits evidence and
claim the reimbursement
to Employer? If so, please
let us know the procedure
and necessary evidence. )
For your reference, we
attach the reimbursement
procedure in DMRC
Project Phase II Contract
RS3 as Appendix B.
the contractor and
not the sub-
contractor. (Refer
clause PC 14.1)
The detailed
payment procedure
will be finalized by
the Engineer after
the award of the
contract. In this
regard, Clause 14.3
of General
Conditions may be
referred.
11 5
6
157
41-
43
Appendix
to Bid 14.2
Total
advance
payment
with
Currencies
and
proportions
Group B
Electric
Locomotiv
e
Maintenan
ce Depot,
schedule
4.11-4.17,
Schedule-5
- Payment
Schedule
[Advance Payment for
ELMD]
Please find the line for Item
No.5 of Appendix A:
Clarification Record for
Major Contractual
Conditions, which is
attached to this Clarification
Sheet.
During the 2nd
Pre-Bid
Meeting, Employer
mentioned that Advance
Payment shall not applicable
for ELMD, but the reason is
not clear and Bidder cannot
accept.
Please note, under current
Milestone Payment
Schedule, Bidder will face
serious negative cash flow in
ELMD construction
especially during the Stage-
1, and approximately 20% of
Advance Payment and
Ref. to Employer’s
response at Sl. No.
9 above.
Page 9 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
monthly progress payment
for interim payment instead
of current milestone
payment condition which the
events are heavily shifted to
the later stage of the
Contract is required for
remedy the situation.
Please refer to Section 4.13
in the JICA’s ODA
Procurement Guideline
(Amendment on March
2009). Application of
Advance Payment is
recommended as follows;
"Advance payment clauses are generally included in contracts"
"the amount of the advance payment should be within a reasonable range in relation to international practice."
"The percentage can usually be expected to lie between 10 and 15% of the contract price"
"Cases of no advance payment should be avoided as much as possible and a certain amount of advance payment should be required to ensure a smooth progress of work, since the financial situations of some businesses in developing countries are frequently not entirely satisfactory."
Under these circumstances,
Bidder would like Employer
to reconsider the advance
payment clause, and at least
“10% of EL Amount” should
be amended as “20% of
Contract Amount”.
12 6
9-10
24-29
Schedule
2-Preamble
to the Price
Schedule
Group B-
Electric
Locomotiv
[Payment Schedule for
ELMD]
Bidder understands the
interim payment shall be
made for 35 instalments in
accordance with the current
payment schedule 4.11 –
The Bidders are
again advised that
construction of
ELMD is not an
independent
contract but part of
a composite
contract
Page 10 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
5
41-43
56-58
153
178
e
Maintenan
ce
Depot(EL
MD)
“Schedule
4.11”~“Sc
hedule
4.18”
Schedule
4-Price
Schedule-
Price Bid
“Price
Schedule
4.11”~“Pri
ce
Schedule
4.18”
Group B-
Electric
Locomotiv
e
Maintenan
ce Depot,
schedule
4.11-4.18
Payment
Schedule
4.11
Payment
Schedule
4.12, 4.13,
4.14,
4.15,4.16,
4.17 &
4.18
4.18. However, as most of
these instalments are
supposed to be paid much
later than the payment by
Contractor to the
subcontractors and the
suppliers, Contractor will be
suffered by long-term
negative cash flow during
Stage-1 of ELMD
construction even though
20% of advance payment is
accepted by Employer.
To avoid serious negative
cash flow, Bidder would like
to propose the monthly
progress payment method
with the following steps
(reference is attached as the
Appendix - D “Monthly
Progress Payment Method
(Sample)”);
(1) Increase the number of
items from the current 35
items specified in the
original Payment
Schedule to the items
specified in the original
Price Schedule (the left
column of Appendix -
D). In accordance with
the original requirement
of Payment Schedule,
Bidder to propose the
additional items for
Schedule 4.13 – 4.16
(2) Bidder to propose the
Sub-milestones as
payment event with
weight factor for each
item above such as,
“Letter of Intent or PO to
Vendor (a%)”,“Start
Fabrication (b%)”,
“Finish Fabrication
(c%)”, “IRN (Inspection
Release Notice) (d%)”,
“EX-Factory or FOB)
(e%)...etc.” upon
submission of proposal to
Employer (red color in
comprising Design,
Manufacturing/
Construction,
Supply,
Installation,
Testing &
Commissioning of
Electric
Locomotives cum
Maintenance &
Depot works
including Transfer
of Technology
(TOT). Therefore,
all commercial
provisions in the
Bid Document
needs to be
considered for the
Tender Package as
a whole.
Hence, no change
in this Clause is
contemplated.
Page 11 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
the top row of Appendix
- D).
(3) During the execution of
Works, Contractor to
prepare and submit the
bill to Engineer monthly
for the Sub-milestones
completed for each item
in that month. Payment
from Employer shall be
made monthly through
the procedure in
accordance with Sub
Clause 14.3, 14.6 and
14.7 of General
Condition and Particular
Condition.
Please accept the foregoing
proposal for interim payment
of Group-B.
13 I 7 190 Performan
ce
Security
Both the terms “Security”
and “Guarantee” are used.
Please consolidate them to
the ether one to avoid being
confusion.
The heading
specifies the
“Performance
Security” which is
being accepted by
Employer in the
form of a
Guarantee from
Bank, which is
specified in the
FIDIC sub-clause
4.2 & its relevant
sub-clause ATB
4.2 & PC 4.2.
Accordingly, both
the terms are
relevant in their
context.
Further, the said
terms are same as
per JICA’s
Standard Bidding
Document.
Accordingly, no
change in the
format of
Performance
Security is
contemplated.
14 I 7 190 Performanc
e
Security
“subparagraph (ii) of Sub-
article 20(a)”
This subparagraph (ii) does
NOT exist in article 20 (a).
Yes, the
subparagraph (ii)
doesn’t exist in
sub-article 20(a).
However, the
Page 12 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Please clarify. reference for this
subparagraph in
the Format of
Performance
Security is meant
for its exclusion
only, therefore, no
corrections is
required in the
format.
15 I 7 190 Performanc
e
Security
*Quote*
At the request of the
Contractor, we [insert
name of Bank] hereby
irrevocably undertake to
pay you any sum or sums
not exceeding in total an
amount of [insert amount
in figures] ([amount in
words]),1 such sum being
payable in the types of
currencies in which the
Contract Price is payable,
upon receipt by us of your
first demand in writing
accompanied by a written
statement stating that the
Contractor is in breach of
its obligation(s) under the
Contract, without your
needing to prove or to
show grounds for your
demand or the sum
specified therein.
*Unquote*
We consider such right of
indemnification should be
executed with your proving
or appropriate evidence
that the Contractor is in
breach of its obligation(s).
Therefore we request you
to replace the term
“without” to
“with”appropriately.
The provision is as
per the JICA’s
Standard Bidding
Document.
Accordingly, no
change in the
Performance
Security is
contemplated.
16 I 7 191 Advance Both the terms “Security” The heading
specifies the words
Page 13 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Payment
Security
and “Guarantee” are used.
Please consolidate them to
the ether one to avoid being
confusion.
“Advance Payment
Security”, which
shall be in the form
of a Bank
Guarantee, as
acceptable to the
Employer and as
specified in the
FIDIC sub-clause
14.2. Therefore,
both the terms are
relevant in their
context.
Accordingly, no
change in the
format of
Performance
Security is
contemplated.
17 I 7 191 Advance
Payment
Security
“breech” of third paragraph
We afraid that “breach” is
correct. Please clarify.
The use of word
“breach” is in line
with the JICA’s
Standard Bidding
Document. The
same is also being
used for other DFC
Contracts.
18 I 7 192 Form of
Retention
Money
Guarantee
“[part ot ]” of first
paragraph
We afraid that “[part of]” is
correct. Please clarify.
The specified
provision
“payment of [part
of] the retention
money” implies
that the Contractor
also has the option
to request release
of part of Retention
Money. The
provision is as per
sample format
attached in the
FIDIC document.
19 I 7 192 Form of
Retention
Money
Guarantee
The content of “Sub-Clause
14.3 c, 14.9” is unclear for
the third party.
We request you to insert
the body text of
abovementioned clause
into the appropriate part of
the form.
The reference to
“(Sub-clause 14.3c,
14.9)” under the
title of the form is
just a ready
reference to the
related conditions
of the contract, for
bidders.
Reproducing the
referred contract
condition in the
format is not
considered
necessary.
Page 14 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
20 I 7 193 Security
Against
70%
payment
of Loco
on
availabilit
y of
SKD/CK
D KIT
“the Employer”
Definition of this term is
not stipulated within the
form.
Please replace “the
Employer” to “Ministry of
Railways, Government of
India” accordingly.
The form has been
amended with
addition of words
i.e. (Defined in the
Bid Document as
“the Employer”)
under the
identification of
Beneficiary.
21 I 7 193 Security
Against
70%
payment
of Loco on
availability
of
SKD/CKD
KIT
Demand
Guarantee
*Quote*
At the request of the
Contractor, we [insert name
of Bank] hereby irrevocably
undertake to pay you any
sum or sums not exceeding
in total an amount of [insert
amount in figures]([amount
in words]),1 such sum being
payable in the types and
proportions of currencies in
which the payment is being
made to the Contractor, upon
receipt by us of your first
demand in writing
accompanied by a written
statement stating that the
Contractor is in breach of its
obligation(s) under the
Contract, without your
needing to prove or to
show grounds for your
demand or the sum
specified therein.
*
We consider such right of
indemnification should be
executed with your proving
or appropriate evidence
that the Contractor is in
breach of its obligation(s).
Therefore we request you
to replace the term
“without” to “with”
appropriately.
No change in the
format is
contemplated.
22 I 7 193 Security
Against
70%
payment
o
f Loco on
availability
of
SKD/CKD
KIT
Demand
“(Refer Item No A.4 and
A.5 of Schedule 5: Payment
Schedule in Vol I (Part
2/2)”
This sentence should be
removed. Please clarify.
The reference to
“(Refer Item No
A.4 and A.5 of
Schedule 5:
Payment Schedule
in Vol. I (Part
2/2)”under the title
of the form is just a
ready reference to
the related
conditions of the
Page 15 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Guarantee contract, for
bidders. Removal
of the referred
contract condition
in the format is not
considered
necessary.
23 1
(1/2)
7 203 Form of
Insurance
Requireme
nts [Sub
Clause-
18]
The Sentence under the
provision of (a) Insurance of
Works and Contractor’s
equipment states that “the
Contractor shall insure to
cover loss and damage [snip]
until the date of issue of the
performance certificate”, as
against “To Issue of Taking
Over Certificate” as set forth
in the table given below the
aforesaid provision.
The Tenderer believes
“performance certificate”
herein shall be replaced with
“Taking Over Certificate”.
Please confirm
The Bidder’s
understanding is not
correct, as the
referred table in this
form is not
elaboration of the
text portion above.
However, it is clear
in the FIDIC clause
18.2/18.1 that the
insuring Party shall
insure the Works,
Plant, Materials and
Contractor’s
Documents for not
less than the full
reinstatement cost.
This insurance shall
be effective from the
date by which the
evidence is to be
submitted, until the
date of issue of the
Taking Over
Certificates for the
Works. The insuring
Party shall maintain
this insurance to
provide cover until
the date of issue of
the Performance
Certificate, for loss
or damage for which
the Contractor is
liable.
24 1
(1/2)
7 203 Form of
Insurance
Requireme
nts [Sub
Clause-
18]
The Tenderer understands
that the Contractor’s
insurance for the Works
shall not be required while
the Works are under
manufacture at the premises
of CLW and Dankuni, in lieu
of the provision to maintain
it in effect to the date of
issue of the Taking Over
Certificate.
Please confirm foregoing
understanding is correct.
The Bidder’s
understanding is not
correct. The Clause
is clear and self-
explanatory.
25 1
(2/2)
6 12 to
33
Schedule
3, Price
Schedule
The Tenderer assumes that
certain parts of the cells
provided with dash under the
Refer item at Sl.
No. 13 of
Addendum/
Page 16 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
4.1 to 4.8 table of each relevant Price
Schedule may have to be
filled with figures depending
upon the nature of the
descriptions.
Please confirm that the
Tender is allowed to place
figures in such cells as are
provided with dash when the
Tenderer deems it necessary.
Corrigendum No.
1.
26 II 8 18 Part A
Scope of
Work
Part A-2,
3, o)
[Electrical
Works]
[Transmission Line Work]
Please find the line for Item
No.3 of Appendix A:
Clarification Record for
Major Contractual
Conditions, which is
attached to this Clarification
Sheet.
During the 2nd
Pre-Bid
Meeting, detailed
information was not
provided by Employer
towards the Employer’s
question submitted on
December 10, 2014, and
Bidder seriously concerns
the following two points.
1) As long as Bidder’s
Question is unclarified,
Bidder cannot even start
to evaluate whether
Bidder can undertake
this work or not.
2) Even if Bidder reach to
conclusion of
undertaking this work,
Employer’s involvement
for coordination with
Local Electricity
Supplier is mandatory in
order for Bidder to
provide a reasonable
proposal, but the process
of which must take quite
long time.
Under this circumstance,
Bidder strongly request
Employer to exclude “the
Power Transmission Line
The relevant
provision in Clause
3, o) [Electrical
Works] of Part A-2
(Page 18 of Vol II)
is amended as
under:
“The Scope of
Work shall include
but not limited to
the following:
1) Arranging
2 MVA HT (33
kV)/ LT electric
supply from local
power supply
agency (Dakshin
Haryana Bijli
Vitran Nigam
(DHBVN) sub-
station located at
Pali Grid sub-
station) with
transmission
capacity of 4
MVA including
receiving sub-
station, check
survey for
crossing existing
power lines. ……..”
The Bidders
request for
excluding “the
Power
Transmission Line
Work from the
Power Company to
the Site”, from the
Contractor’s Scope
of Work is not
acceptable.
Page 17 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Work from the Power
Company to the Site”, from
the Contractor’s Scope of
Work of this Package.
27 II 8, Part
B
112 12 The Tenderer believes that
the existing SHE
organisation retained by
Chittaranjan Works and
Dankuni Works under the
relevant regulations in India
can be utilised for the
installation and
commissioning of machinery
and plant to be done by the
Contractor under the
Contract, and as such that
the separate SHE
organisation shall not be
required to be provided by
the Contractor. Please
confirm foregoing
understanding is correct.
Facilities of CLW
(Chittaranjan and
Dankuni) can be
utilised by the
Contractor to the
extent available.
However, SHE
requirements for
the Contractor’s
Works and its
personnel will be
the exclusive
responsibility of
the Contractor
only.
28 II 8, Part
B
186 27.4.5 GS 27.4.5 stipulates that the
final inspection and test of
each locomotive shall be
carried out by the
Contractor’s personnel for
the acceptance of 41th to
100th locomotives, whereas
GS 7.4.2 provides to the
contrary that CLW shall test
the locomotives for Stage II
(SKD), Stage III (CKD) and
Stage IV (indigenous
production). PS-6; 6.8.1
also states that testing of
locomotives shall be done by
CLW using technology
transferred by the Contractor
and under supervision of the
Contractor’s Engineers.
The Tenderer believes that
GS 27.4.5 shall be corrected
accordingly so that the same
shall be in line with GS 7.4.2
and PS-6 6.8.1, and humbly
wishes to request the
Employer to issue an
amendment thereof.
There is no
contradiction
between these
clauses.
CLW shall carry
out final tests
under supervision
of the Contractor
and the Resident
Inspecting
Engineer shall
witness these tests.
Hence, no change
is contemplated in
this Clause.
29 II 8, Part
B
199 Appendix -
1
The Tenderer understands
that the “starting date”
indicated in Appendix-1 are
provided as an indicative one
and may be adjusted for
The Bidders
understanding is
correct.
Page 18 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
optimum scheduling to be
orchestrated by the
Contractor, to the extent and
insofar as the Contractor
shall abide by the
“completion date” of each
milestone and such schedule
adjustments by the
Contractor are properly
coordinated with other
sections or the works of the
Interfacing Contractors.
30 II 8, Part
B
200 Appendix -
1
In the subject appendix, it
states at S. No. L9 that
“Acceptance of Prototype by
Employer” to be completed
by 37 months (1,125 days)
from Notice to Proceed.
Judging from the
requirements of PS-5 5.8 and
5.9, the Tenderer believes
that the terms “Acceptance”
as used in milestone L9 is
synonymous with the
issuance of Provisional
Acceptance Certificate for
the Prototype Locomotives
pursuant to PS-5 5.8.
The Bidders
understanding is
correct.
31 III 9 24 3.2.1 (i) “Starting tractive effort
under dry rail condition (up
to speed not less than
10 Kmph.”
We understand that the
starting tractive effort is to
be held up to a certain
speed to measure and verify
it. Empirically, holding up
to 5 Kmph is sufficient to
measure starting tractive
effort steadily. So please
consider to allow alternate
speeds other than 10 Kmph
which is sufficient to
measure and verify starting
tractive effort.
No change is
contemplated in
this Clause.
32 III 9, PS-
1
55 4.5.4 At S No. 81 of the
Employer’s response to
queries raised by the
prospective bidders included
in Addendum/Corrigendum
No.1, the Employer states
Ballast weights are
required to be
supplied for the
three prototype
locomotives.
Clause 6.18 of PS-
Page 19 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
that “Ballasting of the
locomotives to increase the
axle load to 25 tonnes from
22.5 tonnes shall be done by
the Contractor only for the
purpose of trial and testing.”
The Tenderer assumes that
the terms of “trial” and
“testing” mentioned in the
above Employer’s response
are respectively used to
mean the “Service Trial” and
the “type test”, and therefore
understands that since the
Service Trials are only
conducted on the three
Prototype Locomotives,
ballast weights required to
be delivered by the
Contractor to Rewari shall
be for three locomotives
only. Please confirm
foregoing understanding is
correct.
6 has been suitably
amended.
33 III 9, PS-
1
67 Annex 1 Annex 1 of the Particular
Specification (RDSO
drawing, EDO/T-2202,
Diagram No. 1D) refers. The
Tenderer’s understanding is
that this drawing refers to
the static condition of the
locomotive with new wheels.
Please confirm foregoing
understanding is correct.
The Bidders
understanding is
correct.
34 III 9, PS-
1
73 4.3 The tenderer understands
that, in the event that the
option to extend the
maintenance contract by a
specified period which may
be limited to a maximum of
6 years is exercised by the
Employer, such option shall
be covered by separate
bonds, and that the Defect
Notification Period for such
option shall commence and
terminate separately and
independently. Please
confirm foregoing
understanding is correct.
Subsequent to the
completion of first
six years
maintenance support
period, the
Performance
Certificate shall be
issued subject to the
conditions specified
in the Contract.
However, it will be
obligation on part of
the Contractor to
accept the
Employer’s option of
extending the
Maintenance Support
Period for another
six years (7th to 12th
years), for which the
relevant terms and
conditions of the
Page 20 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response Contract shall apply.
35 III 150 Appendix
C1-2,
Section A
Srl No. 18
“Gear Wheel Condition
Assessment Gauge-
Spectrographic”
It would be highly
appreciated if you could
provide us more detailed
information on the
aforesaid product because
the Bidder has no idea
about it.
1) Which part of gear wheel
should be assessed?
2) For what purpose is this
equipment used? To find a
crack?
Gear Wheel
Condition
Assessment Gauge
–Spectrographic is
mentioned at Srl.
No. 21. The
description is
modified as ‘Gear
Wheel Condition
Assessment
Gauge’.
The equipment
should be able to
detect cracks.
36 III 151 Appendix
C1-2,
Section A
Srl No. 43
“Crack detection
Equipment”
Please provide us more
detailed information on the
aforesaid product. (eg.
1) Which part of traction
motor should be assessed?
(shaft, outer frame or
bearing?)
2) Please confirm that the
selection of the equipment
is Bidder’s sole discretion
Contractor shall
select the
equipment as per
Good Industry
Practices.
Equipment is
required for
detecting cracks on
shaft.
37 III 174 Appendix
C1-2,
Section B
Clause
2.15
From our past experience,
re-impregnation of traction
motor coils is only
necessary on certain
traction motors after one or
two periodic overhauls. So
the VPI facility will not be
used at all in the first 10 or
15 years. Considering the
number of locomotives, it
will be seldom used even
after that. We suggest
bringing traction motors
which need to be retreated
to manufacturing facilities
like CLW each time they
are found to be faulty. So
No change is
contemplated.
Page 21 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
please consider to exclude
the VPI facility from the
maintenance depot facility.
38 III 9, PS-
4
623 4.1.1,
4.1.2, 4.1.3
Judging from Clauses 4.1.1,
4.1.2 and 4.1.3 of PS-4 in
Volume III and S No. 117 of
the Employer’s response to
queries raised by the
prospective bidders included
in Addendum/Corrigendum
No.1, the Tenderer
understands that items to be
incorporated in and managed
by the Tenderer’s proposed
Maintenance Management
Information Systems
(inclusive of asset
management system as
referred to under Clause 25.7
of PS-3 Part C1, inventory
and maintenance
management system as
referred to under Clause 26.7
of PS-3 Part C1, inventory
management system as
referred to under Clause 13.3
of PS-2, loco maintenance
controller as referred to
under Clause 24.10 of PS-3
Part C1, maintenance
management system as
referred to under Clause 25.7
of PS-3 Part C1, material
management and inventory
control system as referred to
under Clause 4.9.3 of PS-4
and material management
system as referred to under
11.8 of PS-3 Part C1) shall
be limited to those plants
and equipment that are
directly associated with
maintenance of locomotives
and shall be covered by the
maintenance obligation of
the Contractor vide Clauses
4.1.1, 4.1.2 and 4.1.3 under
PS-4.
Please confirm foregoing is
correct.
The Clauses
refereed in this
query are clear and
self-explanatory in
their respective
context.
39 9 623 4.1.1
4.1.2
[Maintenance Support for
ELMD]
Reference to the meeting
among Employer, Engineer
and the Bidder held on 18th
Bidder’s
understanding in
respect of clause
4.1.1 and 4.1.2 is
correct.
Page 22 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Dec. 2014 day after the 2nd
Pre Bid Meeting, the Bidder
understands the equipment,
tools and systems mentioned
in 4.1.1 and 4.1.2 shall be
directly maintained by
Employer and the Bidder has
no longer obligation for the
maintenance of these items.
Please provided us with
written confirmation for the
above in reply to this
clarification.
Accordingly
following
amendments are
made:
(i) Clause a. ii of
paragraph 1.
Introduction of
Part A : SCOPE
OF WORK
(Page 1 of Vol.
II)- “Maintenance
support for all
assets and works,
facilities and
utilities of the
maintenance
depot for a
specified period
as per contract
including supply
of spares and
consumables as
required for
maintenance of
locomotives and
maintenance of
assets and works
of maintenance
depot.”
(ii) Clause 5a.
of A-3 (SCOPE
OF WORK -
CONSTRUCTI
ON OF
MAINTENANC
E DEPOT AND
MAINTENANC
E OF ASSETS
IN
MAINTENANC
E DEPOT)- “The contractor
shall provide
maintenance
support for
maintenance of
maintain the
assets of the
ELMD, in
accordance with
maintenance
obligations
stipulated in
Employers
requirements -
general
specifications and
particular
Page 23 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response specifications and
also as per
maintenance
schedules and
plans drawn up by
him.”
40 III 9, PS-
4
630 4.12.2 PS-2 12.1.5 states that in
case of Unscheduled
Maintenance, “if such supply
and installation have arisen
on account of negligence of
Employer staff, accidents,
vandalism, arson, riots or
natural calamities, the
obligations hereunder shall
form part of Unscheduled
Maintenance and the cost
thereof shall be borne in
accordance with the
provisions contained in
Clause 12.2.”
To the contrary, PS-4 4.12.2
states that “All spares and
consumables required for
any and all Unscheduled
Maintenance shall form part
of Maintenance Obligations
and shall be undertaken by
the Contractor at its own
cost and expense.”
The Tenderer believes that
PS-4 4.12.2 shall be
corrected accordingly so that
the same shall be in line with
PS-2 12.1.5, and humbly
wishes to request the
Employer to issue an
amendment thereof.
Clause 4.12.2 has
been modified as
follows:
“All spares and
consumables
required for any
and all
Unscheduled
Maintenance,
shall form part of
Maintenance
Obligations and
shall be
undertaken by of
the Contractor and
at its own cost/
and expense for
the same shall be
borne by the
Contractor, except
in cases where the
need for such
Unscheduled
Maintenance has
arisen on account
of negligence of
Employer staff,
accidents,
vandalism, arson,
riots or natural
calamities. ”
41 III 9, PS-
5
637 5.6 As stipulated in this clause,
the Tenderer understands
that the dynamic tests
including type tests and
other tests required for the
Prototype locomotives shall
be conducted on either IR or
DFCC line, indicating that
such tests shall be carried
out at axle loads of 22.5
tonnes or 25 tonnes,
respectively.
Under such context, the
Tenderer further understands
that the type tests such as
EMC, noise measurement
Please refer to
Employer’s
response at S No
63, issued on
18/11/2014.
Dynamic tests shall
be carried out on
both IR and DFCC
lines. Other type
tests too will be
required on both
lines.
DynamicTests on
DFCC lines will be
conducted at both
22.5 tonne axle
Page 24 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
and compatibility testing
with signalling and
telecommunication
installations need to be done
using one of the Prototype
locomotive weighing either
150 tonne or 135 tonne,
which shall not be required
to be repeated in the other
line (i.e., IR or DFCC) or for
the other weight (135 tonnes
or 150 tonnes), once such
tests are completed and
passed in any configuration.
Please confirm foregoing
understanding is correct.
load and 25 tonne
axle load, while
tests on IR track
will be only with
22.5 tonne axle
load only. Other
type tests on
DFCC lines will be
only with 25 tonne
axle load.
42 III 9, PS-
5
642 5.8
The Tenderer fully
understands the Employer’s
requirements that it is the
Contractor’s responsibility to
complete the testing of
Prototype locomotives in
order to obtain the
Provisional Acceptance
Certificate as well as the
Final Acceptance Certificate
from the Employer while
meeting the Key Dates and
other schedule requirements
specified in the Bid
Documents.
The Tenderer finds,
however, that GS 27.2.3 and
PS-5 5.8 provide that the
Contractor is not allowed to
commence series production
until PAC is issued to
Prototype locomotives, and
even further that PS-5 5.6.1
states series production
should not commence until
FAC is issued to Prototype
locomotives and their sub-
assemblies.
The Tenderer opines that the
foregoing provisions would
No change is
contemplated in
the provisions.
However, Clause
5.6.1 has been
aligned with 27.2.3
of GS and Clause
5.8 of PS-5.
Page 25 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
result in unnecessarily
limiting the Contractor’s
capability to orchestrate the
overall implementation
schedule for the production,
delivery, testing and
commissioning as well as
quality control of the
locomotives to the benefit of
the Employer in terms of
undisrupted execution of the
Contract. Accordingly, the
Tenderer wishes to humbly
request the Employer to
amend the foregoing
provisions so that the
Contractor is able to
organise the optimal
schedules of series
production, delivery, testing
and commissioning thereof
on its own responsibility.
43 III 9, PS-
6
653 6.1.4 The Tenderer understands
that the term “Effective
Date” used in this clause is
synonymous with the terms
“Commencement Date” as
defined in Clause 8.1 of
Section 5. Please confirm
foregoing understanding is
correct.
Bidder's
understanding is
correct.
44 III 9, PS-
6
666 6.18 The Tenderer understands
that it is the obligation of the
Contractor to design the
locomotive such that the
locomotive’s axle load shall
be upgradable from 22.5
tonnes to 25 tonnes and that
the maximum operation
speed shall be upgradable
from 100 km/h to 120 km/h.
The Tenderer further
understands that the
Contractor is required to
provide the relevant kits and
parts for said upgrading,
such as secondary coil
springs and/or other parts if
judged necessary to be
replaced in the Tenderer’s
proposed designs, only for
the three Prototype
Locomotives for the purpose
of design verification.
Contractor is
required to provide
the ballast (and
relevant kits if any)
to upgrade axle
load from 22.5
tonnes to 25 tonnes
for the 3 number
prototype
locomotives. The
Clause is amended
accordingly.
Page 26 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
Please confirm foregoing
understanding is correct.
45 III 9, PS-
6
667 6.19.1 With respects to the TOT for
Design and setting up of the
Design and Development
Centre (D&D Centre) at
Dankuni, the Tenderer
understands that after the
completion of the first three
years, the Contractor need
not physically man the D&D
Centre during the subsequent
three years, but provide
technical support by the
Technical Personnel who
shall be off site. Please
confirm foregoing
understanding is correct.
The Clause is clear
and self-
explanatory.
46 S No.97,
RESPONS
E TO
QUERIES
– OF
SECOND
PRE-BID
CONFERR
ECE
(Issued on
20.01.2015
)
[Interface with Package 5
Contractor]
In reference to Employer’s
response for Bidder’s
question (S No. 97,
RESPONSE TO QUERIES)
regarding the name of
vendors for Package-5
contractor to follow the
requirement to use the same
manufacturer’s equipment as
Package-5, Employer’s
response was as follows;
-Quote-
“It is an interface issue to be
resolved between the
selected bidders including
RS P-7”
-Unquote-
Actually, the situation below
makes this requirement
difficult;
1. Package-5 is still under
evaluation by DFCCIL
and none of bidder has
been selected yet.
2. The potential vendors /
bidders of Package-5
we contacted has never
disclosed who shall be
the right vendors of
Package-5 as even they
It is reiterated that
it is an interface
issue to be
resolved between
the selected
bidders including
RS P-7.
Page 27 of 30
No. Vol. Sec. Page Clause Applicant's Question/
Clarification Request
Employer’s
Response
are not firmly sure.
Under such circumstance, it
is too late for the Bidder to
submit the proposal by the
bid due date complying with
such requirement. Hence,
please allow us to exclude
the relevant part (Signaling
and Telecommunication)
from the technical proposal
and the commercial proposal
which will be submitted by
the bid due date. Once
Package-5 bidders are
selected and the correct
vendors are announced by
Employer, the Bidder shall
submit the missing part of
the proposal 3 months after
Variation Order by the
Employer.
47 S No. 11,
RESPONS
E TO
QUERIES
– OF
SECOND
PRE-BID
CONFERR
ECE
(Issued on
20.01.2015
)
At the Page 50 of 60 in
the RESPONSE TO
QUERIES OF SECOND
PRE-BID CONFERENCE
(Issued on 20.01.2015),
the clause 5.6 of Section
8 is amended as below.
The forms of each
document are to be
provided later, however,
the contents of the forms
are essential for us to
provide “comply” with this
clause. Please provide us
the forms at least 30 days
before the bid closing
date.
Performance
Guarantee
mentioned in
Clause 5.6 of GS is
same as
Contractor’s
Warrantee
provided at page
194 of Vol I.
Other documents
mentioned at (a),
(c), (d) & (e) of
this Clause 5.6 of
GS shall be
proposed by the
Contractor after
award of the
Contract and shall
be subject to
consent of the
Engineer and
approval of the
Employer.
Page 28 of 30
Addendum / Corrigendum N0. 4 (Dated --20/02/2015)
to the Bid Document for the
Dedicated Freight Corridor Project (Western Corridor: JNPT – Dadri) Design Build
Contract for Contract Package RS P-7: Electric Locomotive cum Maintenance and Depot
Works.
The following are further modifications to the above Bid Document issued on September 01, 2014. The
referenced provisions are to be read in the amended form as set out below. The deletions from the
earlier text of the document circulated are indicated as strike throughs and the additions are underlined.
S. No. Clause/ Ref Page No. Modified Provisions (in track change)
VOLUME I (1/2 & 2/2)
1 Form of Bid
Security 93
Form of Bid Security (Bank Guarantee)
Beneficiary: The President of India, Acting through Executive Director, Electrical (Development), Ministry of Railway (MOR) Railway Board, Govt. of India, Rail Bhawan, New Delhi – 110001 (India) (Defined in the Bid Document as “the Employer”) ……….
2
Particular
Condition
8.4:
Extension of
Time for
Completion
174
…….
Delete Sub-Clauses (d) and substitute as under:-
“Unforeseeable shortages in the availability of Goods caused due to
governmental action changes in laws in accordance with the
provisions of Sub-clause 13.7”
……….
3
Volume I
(1/2) 14.7
Particular
Conditions
179
Payment to the Contractor of the foreign and local currency portions
using the proceeds of the Loan shall be made by the Commitment
Procedure (refer to JICA HP:
www.jica.go.jp/english/operations/schemes/oda-loans/
oda_op_info/handbooks/pdf/chapter2_en.pdf) as set forth in the Loan
Agreement between the Government of India and JICA. This The
local currency portion will be paid in the designated local currency to
the designated bank of the Contractor under the tTransfer and/or
Reimbursement pProcedure.
4
Security
Against
70% payment
of Loco on
availability
of SKD/CKD
KIT Demand
Guarantee
193
Security Against 70% payment of Loco on availability of
SKD/CKD KIT
Demand Guarantee (Refer Item No A.4 and A.5 of Schedule 5: Payment Schedule in Vol I (Part
2/2)
[insert Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: [insert name and address of the Employer]
(Defined in the Bid Document as “the Employer”)
………
Page 29 of 30
VOLUME II
5
Clause a (ii)
Vol. II Part
A: Scope of
Work
1 Maintenance support for all assets and works, facilities and utilities of
the maintenance depot for a specified period as per contract including
supply of spares and consumables as required for maintenance of
locomotives and maintenance of assets and works of maintenance
depot.
6
Clause 3, o)
[Electrical
Works] of
Part A-2
18 The Scope of Work shall include but not limited to the following:
1) Arranging 2 MVA HT (33 kV)/ LT electric supply from local power
supply agency (Dakshin Haryana Bijli Vitran Nigam (DHBVN)
sub-station located at Pali Grid sub-station) with transmission
capacity of 4 MVA including receiving sub-station, check survey
for crossing existing power lines.
……..
Clause 5a of
A-3 (Vol. II)
24 The contractor shall provide maintenance support for maintenance
ofmaintain the assets of the ELMD, in accordance with maintenance
obligations stipulated in Employers requirements - general
specifications and particular specifications and also as per
maintenance schedules and plans drawn up by him.
8
Clause 27.2.3
of Section 8
184 A Provisional Acceptance Certificate (PAC) shall be issued after
successful completion of Prototype tests in accordance with clause
5.6 of PS-5. PAC shall not be construed as a taking over certificate;
however series production of locomotives may be commenced after
issue of PAC in terms of Clause 5.6.1 of PS-5.
VOLUME III
9
Clause 13.6
of PS-2 (Vol
III)
80 In case, a locomotive is delayed in maintenance, owing to non-
availability of material, penalties Damages would be payable equal to
5% (five percent) of the price of the Spare for each day of delay, or
part thereof, until that Spare is supplied. In the event that any delay
hereunder shall cause delay in making available a Locomotive, the
delay in supply hereunder shall be deemed as Non-Available Hours.
10
Appendix
C1-2,
Section A
Srl. No. 21
(Vol III)
150 Gear Wheel Condition Assessment Gauge – Spectrographic.
11
Clause 4.12.2
of PS-4
630 All spares and consumables required for any and all Unscheduled
Maintenance, shall form part of Maintenance Obligations and shall be
undertaken by of the Contractor and at its own cost/ and expense for the
same shall be borne by the Contractor, except in cases where the need for
such Unscheduled Maintenance has arisen on account of negligence of
Employer staff, accidents, vandalism, arson, riots or natural calamities.
12
Clause 5.6.1
of PS-5 (Vol
III)
637 Type tests and other tests required to be conducted on Prototype
Locomotives shall be carried out on the first three locomotives. All
tests listed in IEC 61133, whether mandatory or optional shall be
carried out. Series production should not commence until Final
Provisional Acceptance Certificate is issued by the Engineer after
being satisfied with the results of all type tests and routine tests which
were conducted on the Prototype Locomotives and their sub-
assemblies. However, in case any modifications/changes are required
to be incorporated in the Prototype Locomotives based on Service
Trials, these modifications/changes shall be incorporated in all the
Prototype Locomotives and locomotives under series
production/produced at the cost and expense of the Contractor.
13 Clause 6.18 666 The Contractor shall provide a scheme for up gradation of axle load
Page 30 of 30
of PS-6 from 22.5 tonnes to 25 tonnes, weight from 135 tonnes to 150 tonnes
and operating speed from 100 Km/h to 120 Km/h as part of Design
Package. However, the Contractor would supply, ballast weights (and
kits if any) for upgradation of axle load from 22.5 tonne to 25 tonne
for 3 prototype locomotives.
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