REPLY TO PRE-BID QUERIES (COMMERCIAL) - LOT-06

BIDDING DOCUMENT NO. : RC/B583-000-LE-TN-9802/1002 (NIC TENDER ID:- 2023_EIL_737752_1)

NAME OF THE WORK: LEPC-02 (METHANOL SYNTHESIS BLOCK) LIGNITE TO METHANOL PROJECT

CLIENT: NLC INDIA LIMITED (NLCIL), NEYVELI, TAMIL NADU (INDIA)

REFERENCE OF ENQUIRY DOCUMENT

SL.
BIDDER'S QUERY EIL/NLCIL REPLY
NO.
PART/VOL. PAGE NO. CLAUSE NO. SUBJECT

Bidder to follow the provisions of the Bidding Document

1 COMMERCIALLEPC02 18/636 6 Bid Validity Bidder request to reduce bid validity to 180 days.
and its amendments.

2 COMMERCIALLEPC02
Bidder understand that price list of O&M spares for 2 years operation Bidder to follow the provisions of the Bidding Document
beyond 3 months POST PGTR is only for information purpose and Bidder and its amendments.
is not required to supply these spares at the quoted price during O&M
OPERATION AND
294/636 34.8.3 phase. Further, Bidder to refer Form-SP-7 of SOP (Rev. 1)
MAINTENANCE (O&M) SPARES
regarding Recommended spares for Two Years
Furher, Customer will not hold any amount if any supplier is not able to Operation and Maintenance beyond 3 months post
provide price list of O&M spares. PGTR O&M spares.

3 COMMERCIALLEPC02
Since this a lumpsum contract therefore Bidder request to waive off the
Bidder ti take note note of sentence "The
requirement of verification of financial records.
CONTRACTOR shall in addition produce------------item
324/636 48 RECORDS AND INSPECTION
rates not mutually agreed." and comply with provisions of
Bidder agrees to provide financial information in respect of any claim
Bidding Document.
made on reimbursable basis in addition to the lumpsum contract price.

Clause 1.1.3 Annexure

Bidder request for upward price variation beyond 31 Months if contract Bidder to follow the provisions of the Bidding Document
4 COMMERCIALLEPC02 384/636 XI to Condition of Price Variation
duration is extended due to reasons not attributable to Bidder. and its amendments.
Contract

Clause 1.1.9 Annexure

Bidder request to remove 3% ceiling on price variation claim to safeguard
5 COMMERCIALLEPC02 385/636 XI to Condition of Price Variation Bidder to comply with provisions of Bidding Document.
Bidder from abnormal movement in steel prices.
Contract

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BIDDING DOCUMENT NO. : RC/B583-000-LE-TN-9802/1002 (NIC TENDER ID:- 2023_EIL_737752_1)
NAME OF THE WORK: LEPC-02 (METHANOL SYNTHESIS BLOCK) LIGNITE TO METHANOL PROJECT
CLIENT: NLC INDIA LIMITED (NLCIL), NEYVELI, TAMIL NADU (INDIA)
REFERENCE OF ENQUIRY DOCUMENT
SL.
NO.
PART/VOL.
1 COMMERCIALLEPC02 R
2 COMMERCIALLEPC02 R
3 COMMERCIALLEPC02 R
4 COMMERCIALLEPC02 R
5 COMMERCIALLEPC02 R
6 COMMERCIALLEPC02 R
7 COMMERCIALLEPC02 R
REPLY TO PRE-BID QUERIES (COMMERCIAL) - LOT-06
Reference of earlier
BIDDER'S QUERY EIL/NLCIL REPLY
CLAUSE EIL/NLCIL Reply
PAGE NO. SUBJECT
NO.
Not Acceptable. EMD amount has already been
EARNEST MONEY DEPOSIT (EMD) / reduced through Commercial Amendment No. 1.
53/636 14.2.4 Bidder request waiver of EMD BG. LOT-04 Sl. No. 01
BID SECURITY Bidder to comply with the provisions of the
Bidding Document & its amendments.
EARNEST MONEY DEPOSIT (EMD) / Bidder requests EMD BG to be valid for 30 days from final bid due date instead Not Acceptable. Bidder to comply with the
53/636 14.2.4 LOT-04 Sl. No. 02
BID SECURITY of 300 days. provisions of the Bidding Document.
SECURITY DEPOSIT
(SD)/CONTRACT PERFORMANCE
BANK GUARANTEE(CPBG) AND Bidder requests validity of CPBG for 1 month instead of 3 months after expiry Not Acceptable. Bidder to comply with the
230/636 4.2 LOT-04 Sl. No. 03
ADDITIONAL BANK GURANTEE of DLP period provisions of the Bidding Document.
TOWARDS COMPLIANCE TO JOINT
DEED OF UNDERTAKING (JDU)
SECURITY DEPOSIT
(SD)/CONTRACT PERFORMANCE
BANK GUARANTEE(CPBG) AND Bidder requests renewal of CPBG atleast 5 days before expiry instead of 14 Not Acceptable. Bidder to comply with the
230/636 4.2.2 LOT-04 Sl. No. 04
ADDITIONAL BANK GURANTEE days prior to the date of expiry. provisions of the Bidding Document.
TOWARDS COMPLIANCE TO JOINT
DEED OF UNDERTAKING (JDU)
Provision available under Clause No. 35.5.11
regarding additional Bank Guarantee of 5% of
the total contract value is an alternative provided
to the Contractor towards recovery of the Price
Adjustment for Slippage in Completion (if any)
finally determined after Mechanical Completion
of Works by Owner.Contractor may choose the
ADVANCE AND ON ACCOUNT Bidder requests waiver of additional Bank guarantee on account of delay in
293/636 35.5.11 option of provisional withholding of the amount LOT-04 Sl. No. 05
PAYMENT commissioning as CPBG is already submitted.
towards Price Adjustment by Owner from the RA
bills for the Works executed after the expiry of
the date of Mechanical Completion of the Works,
as available under the same clause.
Bidder to comply with the provisions of the
Bidding Document.
Bidder requests to submit ABG @ 100% of advance valid for 1 month beyond Bidder to comply with the provisions of the
372/636 2 LOT-04 Sl. No. 06
MOBILISATION ADVANCE scheduled date of Mechanical completion . Bidding Document.
Bidder requests At the request of the CONTRACTOR, the
Engineer-in-Charge shall certify the mobilization advance repaid and the Bank
Guarantee, issued on behalf of the CONTARCTOR to secure the mobilization
advance, shall be allowed to be reduced by the amount and the currency of the Bidder to refer Commercial Amendment No. 3
373/636 2.6 LOT-04 Sl. No. 07
MOBILISATION ADVANCE repayment certified. Such reduction shall be allowed not more than 06 (six) regarding Mobilization Advance.
occasions during the currency of Bank Guarantee or twice in a year upto the
duration advance is fully recovered and subsequently adjusted from the bank
guarantee by way of reduction.
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 REFERENCE OF ENQUIRY DOCUMENT
SL. Reference of earlier
BIDDER'S QUERY EIL/NLCIL REPLY
NO. CLAUSE EIL/NLCIL Reply
PART/VOL. PAGE NO. SUBJECT
NO.

8 COMMERCIALLEPC02 R
Bidder requests The Contractor to ensure the validity of all bank guarantee as
stipulated elsewhere in the contract and no payment shall be released to the As per Commercial Amendment No. 3, it is 10
373/636 2.8 Contractor's if the validity of the bank days. Bidder to refer Commercial Amendment LOT-04 Sl. No. 08
MOBILISATION ADVANCE
guarantee is less than 30 10 days unless otherwise specifically intimated to the No. 3.
Contractor.

PAYMENT FOR FIRST Bidder requests waiver of CPBG @ 3% of supply cost for PAYMENT FOR Bidder to note that Clause No. 4.4 has already
9 COMMERCIALLEPC02 R 394/636 4.4 FILL/LOAD/CHARGE OF SUPPLY OF FIRST FILL/LOAD/CHARGE OF SUPPLY OF been deleted through Commercial Amendment LOT-04 Sl. No. 09
CATALYSTS/CHEMICALS, IF ANY CATALYSTS/CHEMICALS, IF ANY No. 3.

Bidder requests clause to modify and read as "We, _____________ acting

through its branch situated at
_____________the………………………………….Bank at (local
address)……………………………having our Head Office at...............................
Bidder to comply with the provisions of the
10 COMMERCIALLEPC02 R 188/636 EMD Bank Guarantee guarantee and undertake to pay immediately on receipt of a written demand by LOT-04 Sl. No. 10
Bidding Document & its amendments.
NLCIL. the amount of
………………………………………………………………….(in figures and
words)(BG Value) to the said NLCIL without any reservation, protest, demur
and recourse. "

Bidder requests clause to modify and read as " This Guarantee shall be
Bidder to comply with the provisions of the
11 COMMERCIALLEPC02 R 188/636 EMD Bank Guarantee irrevocable and shall remain valid upto………………..with Claim period up LOT-04 Sl. No. 11
Bidding Document & its amendments.
to………..**.................."

Bidder requests clause to modify and read as "If any further extension of this Bidder to comply with the provisions of the
Guarantee is required, the same shall may be extended at Bank’s sole Bidding Document. Further, Bidder to refer
12 COMMERCIALLEPC02 R 188/636 EMD Bank Guarantee LOT-04 Sl. No. 12
discretion on receiving instructions from M/s ABCD ............................... on Commercial Amendment No. 2 for revised EMD
whose behalf this Guarantee is issued. format.

Bidder to comply with the provisions of the

Bidder requests addition of wording in EMD format " Only callable for
EARNEST MONEY DEPOSIT (EMD) / Bidding Document. Further, Bidder to refer
13 COMMERCIALLEPC02 R withdrawal or modification of the bid during its validity period, refusal to sign the LOT-04 Sl. No. 14
BID SECURITY Commercial Amendment No. 2 for revised EMD
agreed contract and/or to provide the agreed bank guarantee."
format.

Bidder requests clause to modify and read as " For this advance payment, we,
the undersigned__ acting through its branch situated at ... (address),
(hereinafter referred to as the ‘BANK’), which expression shall unless
repugnant to the context or meaning thereof, include its successors,
administrators, representatives and assignees, hereby guarantee to the effect
that we irrevocably undertake to pay upon the PURCHASER merely on receipt
of a written demand without any previous notice and without any demur,
Bidder to comply with the provisions of the
ADVANCE BANK GUARANTEE FOR reservation, contest, protest and without recourse reference to the Contractor
Bidding Document. Further, Bidder to refer
14 COMMERCIALLEPC02 R 194/6363 3 SUPPLIES/ADVANCE BANK and without referring to any other source, any and all monies payable by the LOT-04 Sl. No. 15
Commercial Amendment No. 3 for revised ABG
GUARANTEE FOR MOBILIZATION Contractor towards the advance or part thereof paid by the PURCHASER, but
format.
not exceeding Rs/FC. _ _ _ _ _ _ _ _ _(Rupees /FC_ _ _ _ _ _ _ _ _only)
provided the PURCHASER advises us that the Contractor has failed to fulfill
his contractual obligations stipulated in the said Contract. Any such demand
made by the PURCHASER on the Bank shall be conclusive and binding,
absolute and unequivocal notwithstanding any difference between the
PURCHASER and the CONTRACTOR or any dispute or disputes
raised/pending before any court, Tribunal, Arbitrator or any other authority."

Bidder requests clause to modify and read as "The value of the Advance
Bidder to comply with the provisions of the
ADVANCE BANK GUARANTEE FOR Payment Guarantee shall stand progressively diminished, based on the
Bidding Document. Further, Bidder to refer LOT-04 Sl. No. 16 to
15 COMMERCIALLEPC02 R 194/6363 3.1 SUPPLIES/ADVANCE BANK supplies made, on quarterly basis on the advice written consent of the
Commercial Amendment No. 3 for revised ABG some aspects.
GUARANTEE FOR MOBILIZATION Purchaser. Such reduction would be done by way of an amendment at the
format.
request of the CONTRACTOR.

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 REFERENCE OF ENQUIRY DOCUMENT
SL. Reference of earlier
BIDDER'S QUERY EIL/NLCIL REPLY
NO. CLAUSE EIL/NLCIL Reply
PART/VOL. PAGE NO. SUBJECT
NO.

Bidder requests clause to modify and read as "5.0 This guarantee will become
Bidder to comply with the provisions of the
ADVANCE BANK GUARANTEE FOR invalid after ________________ from the date of LOA issuance i.e. up to
Bidding Document. Further, Bidder to refer
16 COMMERCIALLEPC02 R 194/6363 3.1 SUPPLIES/ADVANCE BANK …………… or as soon as this letter of guarantee has been returned to us, at
Commercial Amendment No. 3 for revised ABG
GUARANTEE FOR MOBILIZATION the latest, however, on_ _ _ _ _ _ unless a claim has been lodged with us
format.
under this guarantee before that date."

Bidder requests clause to modify and read as "This guarantee shall remain in Bidder to comply with the provisions of the
ADVANCE BANK GUARANTEE FOR
force up-to and including _ _ _ _ _ and shall may be extended from time to time Bidding Document. Further, Bidder to refer LOT-04 Sl. No. 17 to
17 COMMERCIALLEPC02 R 194/6363 8 SUPPLIES/ADVANCE BANK
at Bank’s sole discretion for such period as may be desired by M/s ABCD ._ _ Commercial Amendment No. 3 for revised ABG some aspects.
GUARANTEE FOR MOBILIZATION
_ _ _ _ __ _ _ _ on whose behalf this guarantee has been given" format.

Bidder to comply with the provisions of the

ADVANCE BANK GUARANTEE FOR
Bidder requests clause to modify and read as "This guarantee is revocable only Bidding Document. Further, Bidder to refer
18 COMMERCIALLEPC02 R 194/6363 10 SUPPLIES/ADVANCE BANK LOT-04 Sl. No. 18
during its currency with the written consent of the PURCHASER." Commercial Amendment No. 3 for revised ABG
GUARANTEE FOR MOBILIZATION
format.

Bidder requests clause to modify and read as "We, __ acting through its
branch situated at ..........(Name)........(Address) (hereinafter referred to as the
‘BANK’) which expression shall, unless repugnant to the context or meaning
there of, include its successors, administrators, representatives and assignees
do hereby irrevocably guarantee and undertake to pay the PURCHASER
merely on receipt of a written demand without any previous notice and without
any demur and without referring to any other source, any and all monies
payable by the CONTRACTOR by reason of any breach by the said
Bidder to comply with the provisions of the
CONTRACTOR of any of the terms and conditions of the said CONTRACT
Bidding Document. Further, Bidder to refer LOT-04 Sl. No. 19 to
19 COMMERCIALLEPC02 R 190/636 2 PERFORMANCE BANK GUARANTEE including non-execution of the "CONTRACT AGREEMENT" to the extent of 3%
Commercial Amendment No. 3 for revised some aspects
of the Contract price (as amended from time to time) amounting up to
CPBG format.
………………, , if any, and adherence to Time Schedule stipulated at any time
up-to .................Claim date (day /month/ year). Any such demand made by the
PURCHASER on the bank shall be conclusive and binding, absolute and
unequivocal notwithstanding any disputes raised/pending before any court,
tribunal, arbitration or any other authority. The Bank agrees that the guarantee
herein contained shall continue to be enforceable till this sum due to the
PURCHASER is fully paid and claims satisfied or till the PURCHASER
discharges this Guarantee or till ……..(Expiry date) whichever is earlier."

Bidder request clause to modify & read as "The Bank further irrevocably
guarantees and undertakes to pay on receipt of mere demand, without any
Bidder to comply with the provisions of the
demur, reservation, contest, recourse reference or protest, and / or without any
Bidding Document. Further, Bidder to refer LOT-04 Sl. No. 20 to
20 COMMERCIALLEPC02 R 190/636 3 PERFORMANCE BANK GUARANTEE reference to the Contract or any and all monies due and payable by the
Commercial Amendment No. 3 for revised some aspects
CONTRACTOR by reasons of failure of the Contractor to duly and punctually
CPBG format.
perform all of its obligations under the Contract, immediately on receipt of a
demand from NLCIL."

Bidder requests clause to modify and read as "The Purchaser shall have the
fullest liberty to lodge their claim for encashments of the guaranteed sum either
in full or in part, in the manner suitable to them. However, payment made for a
Bidder to comply with the provisions of the
sum lesser than the guaranteed amount shall not relieve or discharge the bank
Bidding Document. Further, Bidder to refer
21 COMMERCIALLEPC02 R 190/636 3 PERFORMANCE BANK GUARANTEE from their obligations guaranteed under the bank guarantee till the contractual
Commercial Amendment No. 3 for revised
obligations are fully performed by the Contractor or the Bank guarantee is
CPBG format.
discharged by the Purchaser as the case may be and the Bank Guarantee
shall continue to be in force for the balance amount till such time however not
beyond ____(expiry date). "

Bidder requests addition of clause "This Guarantee shall not be assignable or

transferable by you, in whole or in part, without our prior written consent which
Bidder to comply with the provisions of the
22 COMMERCIALLEPC02 R 188/636 Our clause EMD/ABG/PBG will not be unreasonably withheld."
Bidding Document & its amendments.
2) A claim or demand under this bank guarantee may be lodged with any
branch of XXX in India

Bidder requests for addition of clause in BG format : 'BG to expire and be null Bidder to comply with the provisions of the
23 COMMERCIALLEPC02 R Our clause EMD/ABG/PBG LOT-04 Sl. No. 23
and void whether original returned or not to issuing bank.' Bidding Document & its amendments.

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 REFERENCE OF ENQUIRY DOCUMENT
SL. Reference of earlier
BIDDER'S QUERY EIL/NLCIL REPLY
NO. CLAUSE EIL/NLCIL Reply
PART/VOL. PAGE NO. SUBJECT
NO.
Bidder requests for addition of clauses in the Tender and BG format :
Bidder to comply with the provisions of the
24 COMMERCIALLEPC02 R Our clause EMD/ABG/PBG 'Enforcement/invocation with prior written & substantiated notice allowing a 30 LOT-04 Sl. No. 24
Bidding Document & its amendments.
days period to remedy '.

The Bank guarantee with URDG No.758 Clause

can be accepted subject to incorporation of
following condition in
such Bank Guarantee. "This Guarantee is
Bidder requests for addition of clause in BG format 'This Guarantee is subject
25 COMMERCIALLEPC02 R Our clause EMD/ABG/PBG subjected to rules of URDG, ICC LOT-04 Sl. No. 25
to ICC uniform rules for Demand Guarantees 2010 (URDG758)'
Publication No.758 except ARTICLE 34 &
ARTICLE 35, for that purpose this Guarantee is
governed by Indian Laws &
having Jurisdiction of Indian Courts”.

Bidder requests for addition of clause in PBG format 'Notwithstanding anything

contained herein:
(i) The Bank’s liability under this guarantee/undertaking shall not exceed INR
________ (Rupees ___________ only);
Bidder to comply with the provisions of the
26 COMMERCIALLEPC02 R Our clause EMD/ABG/PBG (ii) This guarantee/undertaking shall remain in force upto ________(Expiry LOT-04 Sl. No. 26
Bidding Document & its amendments.
Date to be mentioned); and
(iii) The Bank shall be released and discharged from all the liability under this
guarantee/undertaking unless a written claim or demand is issued to the Bank
on or before ____(Claim date to be mentioned)

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