Omega Energy Developer (P.) Ltd.

Particular Conditions of Contract

Suni Gad Hydropower Project, Bajhang Appendix to Tender

APPENDIX TO TENDER
(Note: with the exception of the items for which the Employer's requirements have been
inserted, the following information must be completed before the Tender/offer is submitted)

Item Sub-Clause(s) Data

(FIDIC
Conditions of
Contract for
Plant and
Design-Build,
First Edition
1999)
Employer's name and 1.1.2.2 & 1.3 Omega Energy Developer (P.) Ltd.
address Chandol, Kathmandu-04
Tel : 977-1-4529044, 9858757757
Email: omegaenergy73@gmail.com
Contractor’s name and 1.1.2.3 & 1.3 CBMEW (Nepal) Pvt Ltd
address Near Kathmandu Medical College
Sinamangal-09, Kathmandu
Nepal
Pan/VAT No: 606559164
Email: nakul@cbmengg.com
Phone No: +9779823181037
Engineer's name and 1.1.2.4 & 1.3 Managing Director of Omega Energy
address Developer
Time for Completion of 1.1.3.3 36 months
the Works
Defects Notification 1.1.3.7 12 months
Period
Electronic transmission 1.3 By Email/ "courier" confirmed facsimile/
systems Registered Letter
Governing Law 1.4 Laws of Nepal
Ruling language 1.4 English
Language for 1.4 English for all formal communication.
communications Combination of Nepali and English for non-
formal site communication.
Time for access to the 2.1 On the Commencement Date (date of
site signing the contract agreement)
Permits, Licenses or 2.2 It would be complete responsibility of
Approvals Contractor, in assistance with Employer, to
obtain all required permissions without
affecting the work schedule for his own
plant, machinery and equipment.
Amount of 4.2 5% (Five percent) of the Accepted
Performance Security Contract Amount, in the currencies and
proportions in which the Contract Price is
payable.
Period for notifying 5.1 Within 30 days
unforeseeable errors,
faults and defects in
the work
Normal working hours 6.5 To be determined by the Contractor with
prior consent of the Employer.
Delay Damages for the 8.7 & 14.15 (b) at a weekly rate of 0.5% of the accepted

AT-1
Omega Energy Developer (P.) Ltd. Particular Conditions of Contract
Suni Gad Hydropower Project, Bajhang Appendix to Tender

Item Sub-Clause(s) Data

(FIDIC
Conditions of
Contract for
Plant and
Design-Build,
First Edition
1999)
Works Contract price excluding any taxes or
duties
Maximum amount of 8.7 05 % of the Contract Price
delay damages
Percentage for 13.5 (b) Not applicable
adjustment of
Provisional Sums
Total advance 14.2 Ten (10%) percent of the Accepted
payment Contract Price payable in the currencies
and proportions in which the Accepted
Contract Price (excluding V.A.T) is
payable.
Number and timing of 14.2 The advance payment shall be paid in 2
instalments instalments.
First Installment-5% on signing of
contract agreement.
The advance payment should be paid
within 5 weeks after signing this Contract
against Advance Payment Guarantee of
equivalent amount.
Second Instalment- 5% on mobilization of
equipment as per agreement.
Currencies and 14.2 Nepalese Rupees
proportions
Start repayment of 14.2 (a) From IPC # 3
advance payment
Repayment 14.2 (b) No advance payment shall be deducted or
amortisation of amortized until invoicing/billing value of
advance Payment NPR 20,000,000.00.
Thereafter, 15% of Billed amount deduction
in subsequent bills until the advance
amount is fully settled provided that the
advance payment shall be completely
repaid prior to the end of 80% of approved
contract amount.
Percentage of 14.3 5% from each Interim Payment Certificates
retention
Minimum amount of 14.6 NPR 4,000,000.00
Interim Payment (Nepali Rupees Four Million Only) including
Certificates taxes and duties.
Delayed Payment 14.8 8% annual interest rate
Release of Retention 14.9 Within 12 months from the date of
Money commissioning or 18 months from the date
of issue of invoice whichever is earlier.
Currency of payment 14.15 Nepalese Rupees
Minimum Amount of 18.3 At least One million Nepalese Rupees
third party (NPR 1,000,000.00) per occurrence per

AT-2
Omega Energy Developer (P.) Ltd. Particular Conditions of Contract
Suni Gad Hydropower Project, Bajhang Appendix to Tender

Item Sub-Clause(s) Data

(FIDIC
Conditions of
Contract for
Plant and
Design-Build,
First Edition
1999)
insurance person with the number of occurrence
unlimited.
Date by which the DAB 20.2 180 days after the Commencement Date.
shall be appointed if
agreed by the
Employer and the
Contractor
Appointment of DAB (if 20.3 Nepal Council of Arbitration (NEPCA)
not agreed) to be
made

AT-3