Instructions for completing the Particular Conditions of Contract are provided in italics in parenthesis for the

relevant GCC Clauses.

GCC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause

GCC 1. Definitions
Clause

(o) Site means the point(s) of delivery named in the PCC

The site(s)/ point(s) of delivery is: Sirajganj 225 MW Combined Cycle Power Plant (Unit-2),
NWPGCL, Soydabad, Sirajganj-6750.

(j) Procuring Entity (PE) means a Entity having administrative and financial powers to undertake
Procurement of Goods, Works or Services using public funds, as specified in the PCC;

The Procuring Entity is Md. Asad Halim, Plant Manager (Superintending Engineer), Sirajganj 225
MW Combined Cycle Power Plant (Unit-2), NWPGCL, Soydabad, Sirajganj.

GCC 5.Documents Forming the Contract and the order of precedence

Clause

(i) Price and Completion Schedule for Related Services;

The following documents shall also be part of the Contract: None

GCC 11. Communications and Notices

Clause

11.1 Communications between Parties (notice, request or consent required or permitted to be given
or made by one party to the other) pursuant to the Contract shall be in writing to the addresses
specified in the PCC

For notices, the Procuring Entity’s contact details shall be:

Attention: Md. Asad Halim , Plant Manager (Superintending Engineer)
Address: Sirajganj 225 MW Combined Cycle Power Plant (Unit-2), NWPGCL, Soydabad, Sirajganj-
6750.
Cell no:+8801777736402
Facsimile number: N/A
Electronic mail address: [email protected]
For notices, the Supplier’s contact details shall be:
Attention:
Address:
Telephone:
Facsimile number:
Electronic mail address:

GCC 18.Scope of Supply

Clause

18.1 Subject to the PCC, the Goods and Related Services to be supplied shall be as specified in e-
PG3-3A and e-PG3-3B : Price and Delivery Schedule for Goods and Price and Completion
Schedule for Related Services.

The Scope of Supply shall be defined in e-PG3-3A, e-PG3-3B and e-PG3-4.

GCC 22. Packing and Documents

Clause

22.2 The packing, marking, and documentation within and outside the packages shall comply strictly
with such special requirements as shall be expressly provided for in the Contract as stated under
GCC Clause 22.1, including additional requirements, if any, specified in the PCC, and in any
subsequent instructions ordered by the PE.

The packing, marking and documentation inside and outside the packages shall be:
The outer packing may be clearly marked on at least four slides as follows:
Name and address of Procuring Entity
Name of the Supplier
Contract Description
Final Destination/Delivery Point
Gross weight
Package number of total number of packages
Brief description of the content
Any special lifting instructions
Any special handling instructions

GCC 23. Delivery and Documents

Clause

23.1 Subject to GCC Sub-Clause 19, the Delivery of the Goods and completion of the Related
Services shall be in accordance with the Delivery and Completion Schedule specified in the Section
6: Schedule of Requirements. The documents to be furnished by the Supplier shall be specified in
the PCC.

The documents to be furnished by the Supplier as follows:

a. Copies of Supplier’s invoice showing goods’ description, quantity, unit price, total amount;
b. Manufacturer’s factory test certificate (which must include time and location of production); (if any)
c. Calibration certificate by Manufacturer or by authorized third party organization. (if any)
d. Operation, Maintenance, Troubleshooting and Commissioning manual; (if any)
e. Manufacturer’s/ Supplier’s warranty certificate;
f. Supporting document(s) as the proof that goods are collected from Original Equipment
manufacturer (OEM) or authorized dealer of OEM.
g. Country of Origin: For declared foreign origin of goods, the Bill of Lading/Airways bill or Packing
list or invoice, or certified documents from Declared country’s Chamber of commerce. Please note
the documents for proving country of origin of the product is required; not for the spares’, which form
the main product.

GCC 25. Contract Price

Clause

25.1 The Contract Price shall be specified in the PCC.

The Contract price is: as per accepted NoA

25.2 Prices charged by the Supplier for the Goods delivered and the Related Services performed
under the Contract shall not vary from the price as stated under GCC Sub-Clause 25.1, with the
exception of any change in price resulting from a Change Order issued under GCC Clause 19, or if
applicable, adjustments authorized in accordance with the price adjustment provision specified in the
PCC.

The prices charged for goods supplied and the related services performed: Not adjustable

GCC 27. Terms of Payment

Clause

27.1 The Contract Price, including any Advance Payments, if applicable, shall be paid in the manner
as specified in the PCC.
 The method and conditions of payment to be made to the Supplier under this Contract shall be as
follows:
(a) Advance Payment: Not applicable.
(b) On Delivery and Acceptance: 100 percent of the Contract Price of the Goods delivered and
completion of related services shall be paid within Forty-Five (45) days of submission of documents
specified in GCC Clause 23.1 supported by the Acceptance Certificate issued by the PE as per GCC
Clause 24.

27.3 Payments shall be made promptly by the PE, but in no case later than the days indicated in the
PCC after submission of an invoice or request for payment by the Supplier, and after the PE has
accepted it.

Payments shall be made in no case later than the days Forty-Five (45) after submission of an
invoice or request for payment by the Supplier, and after the Procuring Entity has accepted it.

27.5 In the event that the PE fails to pay the Supplier any payment by its respective due date or
within the period set forth in the PCC, the PE shall pay to the Supplier interest on the amount of
such delayed payment at the rate shown in the PCC, for the period of delay until payment has been
made in full, whether before or after judgment or arbitrage award.

The payment-delay period after which the PE shall pay interest to the supplier shall be 45 (Forty-
Five) days after submission of an invoice or request for payment by the Supplier, and after the PE
has accepted it. The interest rate that shall be applied is 1% above the lending rate of scheduled
banks in Bangladesh.

GCC 32. Inspections and Tests

Clause

32.1 The PE shall have the right to test the Goods to confirm their conformity to the Contract
specifications. The PCC and Technical specifications shall specify what tests the PE requires and
where they are to be conducted. The supplier shall at its own expense and at no cost to the PE,
carry out all such tests of the Goods and related services as are specified in the Contract.

The inspections and tests shall be as follows

Goods: All equipment.
Type of test: Verification/Confirmation of filters output and Functionality Check of all the goods.
Time or milestone: within 21 days of delivery.
Place: Sirajganj 225 MW Combined Cycle Power Plant (Unit-2), NWPGCL, Soydabad, Sirajganj-
6750.
Procedure: All the equipment will be supplied with rated input and their output will be checked and
compared with specification provided.

GCC 33. Warranty

Clause

33.3 In order to assure that manufacturing defects shall be corrected by the Supplier, manufacturer,
or distributor, as the case may be, a warranty shall be required from the Supplier for a minimum
period of three (3) months, in the case of supplies, and one (1) year, in the case of equipment, after
performance of the contract or other such period as may be specified in the PCC.

The period of validity of the Warranty shall be 1(One) year.

33.6 Upon receipt of such notice, the Supplier shall, within the period specified in the PCC,
expeditiously repair or replace the defective Goods or parts thereof, at no cost to the PE.

The Supplier shall correct any defects covered by the warranty within 90 (Ninety) days of being
notified by the Procuring Entity of the occurrence of such defects.

GCC 35. Liquidated Damages

Clause
 35.1 Subject to GCC Clause 34 and 38, if the Supplier fails to complete the delivery of Goods and
related services within the Delivery and Completion Schedule specified in the contract or as
extended, the Procuring Entity shall, as Liquidated Damages or Delay Damages, deduct from the
Contract Price, a sum at the percent-rate per day of delay as specified in the PCC, of the contract
value of the undelivered Goods and related services or part thereof delivered after the Delivery and
Completion Schedule or as extended. The total amount of Liquidated Damages or Delay Damages
shall not exceed the amount specified in the PCC. The Procuring Entity may deduct Liquidated
damages from payments due to the Supplier. Payment of Liquidated damages shall not affect the
Supplier’s liabilities.

The amount of Liquidated Damages is 0.10 of 1 (One) percent of the contract value of the
undelivered Goods or any part thereof delivered after expiry of the Delivery and Completion
Schedule or extended Delivery and Completion Schedule, as applicable, per day of delay.
Guide to application of GCC Sub Clause 35.1 above
[ Liquidated damages is equivalent to an amount to be determined in accordance with the following
formulae T = V x P x n
Where;
T = Total amount of Liquidated Damages
V = Contract Value of undelivered Goods or any part thereof, delivered after expiry of the Delivery
and Completion Schedule or extended Delivery and Completion Schedule, as applicable
P = Percent-rate at which the Liquidated Damages shall be imposed per day of delay
n = No of days delayed for delivery of the undelivered Goods or any part thereof, after expiry of the
Delivery and Completion Schedule or extended Delivery and Completion Schedule, as applicable.
The maximum amount of Liquidated Damages for the undelivered Goods or any part thereof is ten
(10) percent of the final Contract Price of the whole of the Goods and related services.

GCC 47. Settlement of Disputes

Clause

(b) The arbitration shall be conducted in accordance with the Arbitration Act (Act No 1 of 2001) of
Bangladesh as at present in force and in the place shown in the PCC.

Arbitration shall take place in: Will be decided later

(b) The arbitration shall be conducted in accordance with the Arbitration Act (Act No 1 of 2001) of
Bangladesh as at present in force and in the place shown in the PCC.

The Adjudicator jointly appointed by the Parties is: will be decided later if required.
The name of the appointing authority of the Adjudicator: President of the Institution of Engineers,
Bangladesh (IEB).