DRAFT

Ref No. 170/0011/Proj-208/SCCL/DDT/ Dated:

To
General Manager
KGM Area
THE SINGARENI COLLIERIES COMPANY LTD.
KothagudemCollieries P.O. - 507 101
Dist: BhadradriKothagudem (Telangana).
E-mail: gm_kgm@scclmines.com

Sub: Design, Supply, Erection, Commissioning and Testing of Coal Handling Plant (CHP) on EPC basis at
JVR Open Cast Project at Kothagudem area of SCCL.

Ref: 1) SCCL’s PO No. 7600007734 dated 15.04.2019

2) 170/SKSL/JVR OC CHP/O12 dated 20.04.2020
3) 17O/SKSL/JVR OC CHP/061 dated 24.07.2020
4) 170/SKSL/JVR OC CHP/108 dated 08.09.2020
5) 170/0011/Proj-208/SCCL/CBG/6972 dated 19.10.2020
6) 170 /0011/Proj-208/SCCL/CBG/7363 dated 25.11.2020
7) 170/0011/PROJ-208/SCCL/CBG/8584 dated 04.03.2021.
8) 170/SKSL JVR OC CHP/216 dated 08.03.2021.
9) 170/SKSL JVR OC CHP/228 dated 30.03.2021
10) 170/0011/PROJ-208/SCCL/CBG/2259 dated 05.10.2021
11) 170/SKSL JVR OC CHP/136 dated 01.11.2021
12) 170/0011/PROJ-208/SCCL/CBG/2730 dated 12.11.2021
13) 170/0011/PROJ-208/SCCL/CBG/2824 dated 18.11.2021
14) CRP/MP/E161800366/366 dt. 22.01.2022

Re : Request for time extension and waiver of LD

Dear Sir,

We thankfully acknowledge your letter CRP/MP/E61800366/366 dt. 22.01.2022. It is regretted to say that in
spite of our several request with proper justification for extension of completion time of JVR CHP till
30.06.2022 under force majeure clause, the completion time extended from 31.10.2021 to 20.02.2022 is
unjustified and illogical. We have already written umpteen no. of letters for extension showing justifications
which resulted in the overall delay of the project and covered under force majeure clause. Due to emergent
of Covid-19 in various forms along with other hinderances mentioned in our earlier letters covered under
Force majeure clauses, it was an impossible task to complete the job within the extended stipulated time of
10.02.2022. This letter is intended to provide you justifications once again comparing with your
consideration for the overall delay of the project. We understand that you are upset due to the delayed
completion, but we have all the required explanations and justifications which are narrated below in tabular
format :

Page 1 of 3
Sl Particulars SCCL views SKSL justifications
No
1 Power outage 16 days have been considered. According to the data available in the
Sunday, Weekdays and Hindrance Register, 229 hours have
Holidays are not considered. been lost till date on account of power
failure. Considering 10 hours working
per day, this amounts to
approximately 23 days of work lost
due to power failure.
2 Unprecedented 61 days have been considered. As per the data available with the
rainfall Rainfall above 10 mm have local authority, the rainfall this year,
been considered. Rainfall till 27th September 2021, has been
during the period of non recorded as 1268 mm. There was 411
availability of industrial gas mm rainfall in the month of
have been excluded. September’21 itself, which surpassed
the previous two years (250.1 mm in
Sept’19 & 380 mm in Sept’20)
record. Similarly total monthly
rainfall exceeded past two years
record in the month of July’21 also.
This year total 438 mm rainfall
recorded in the month of July in
comparison with 165.7 mm in 2019
and 381 mm in 2020. In the year
2020, we lost about 95 days from
June to November and in 2021 we
lost total 65 days from April to
September due to unprecedented
rainfall. Total 160 days have been
lost due to rain fall.
3 Non Out of 46 days, 25 days have Total fabrication schedule
availability of been considered with jeopardized due to non availability of
industrial justifications that concrete, industrial oxygen gas which in turn
oxygen gas excavation and other erection affects the erection schedule of
works which are not linked to fabricated structures which is
industrial oxygen gas have independent in nature.
been carried out.
4 Emergence of Not considered. We lost 120 days of work due to the
second wave of restrictions imposed by the various
Covid-19 state govt. But this is very unfortunate
pandemic that SCCL has not considered the
affect of second wave for the
extension given vide letter No. under
Sl. No. 14.
Page 2 of 3
Remarks
SCCL are aware that site
work continues on Sundays
and holidays even then
SCCL deducted Sundays and
holidays from the
accumulated loss of man
days on power failure.
Hence balance 7 days may
be considered under Force
majeure clause.
But SCCL had considered
only 61 days considering
more than 10 mm rain in a
day. But this yardstick for
rainfall is vague. Because
the critical site of Bunker
and silo area becomes slushy
even in few droplets of rain.
Again if we do not consider
25 days period for non
availability of industrial
oxygen gas, balance 74
days may be considered
under Force majeure
clause.
The fabricator also
expressed their inability to
supply the fabricated
structure as the oxygen
supply was prohibited for
use in industrial purposes by
manufacturers & suppliers. It
also inevitably lead to a
setback of our site
fabrication and erection
activities. We had intimated
you vide letter No.
170/0011/Proj-208/SCCL/D
DT/0400 Dated: 05.05.21
about this development.
Request to consider
balance 21 days under
Force majeure clause.
As our entire labour forces
belongs to the state of West
Bengal, Orissa, Bihar &
Chattisgarh, we could
mobilise labours only from
the month of 01/08/2021
when some relaxation
announced by respective
State Governments. We
hired buses to bring back
labours from these states
when the affect of second
Sl Particulars SCCL views SKSL justifications Remarks
No
wave smoothens. It is very
unfortunate that skill
required for these type of
jobs are lacked in local
labours though we have tried
to mobilise them to
neutralize the problem faced
regarding mobilization of
workforce from other states.

5 Delay in Not considered Though in initial phase of the project, This has been informed
payment SCCL had paid our R/A bill within 30 through our earlier letters
days but from June’20 onwards, the that delay payment will
payment is being paid exceeding the have an impact on
contractual time and total delay time completion schedule. So,
till date was 173 days including 7 the delay in payment
days in Nov’19. It is needless to qualify under Extension of
mention here that delayed payment date of completion
from SCCL have their cascading according to Clause 19.1(f)
effect in making payments to our of the General Conditions
vendors & contractors and impeded of Contract, page 62 which
the progress of the project & timely read as “Any other causes
completion of the project. which, at the sole
discretion of the company
is beyond the control of
contractor”.

Under the circumstances, we request SCCL to extend the delivery completion date upto 30.06.2022 under
Force Majeure clause to Clause 17 of the General Conditions of Contract, page 61.

However, we assure SCCL that we are taking all necessary actions to complete the works at the earliest.

Thanking you and assuring you of our best services always,

Yours faithfully,

For S. K. Samanta & Co. (P) Ltd.

cc: Office Copy

(Parag Majumdar) cc: Master copy
General Manager (Engg. & Proc.)

cc: Director (Operations), SCCL, Kothagudem-507101

cc: Director (E&M), SCCL, Kothagudem-507101
cc : General Manager (MP), SCCL, Kothagudem-507101
cc: GM(E&M) CHPs, SCCL, Kothagudem -507101
cc: General Manager (Civil), SCCL Kothagudem
cc: Project Officer, JVR OC CHP, SCCL Sathupally

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