Draft PCC
Draft PCC
GCC Amendments of, and Supplements to, Clauses in the General Conditions of Contract
Clause
GCC 1. Definitions
Clause
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.
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
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.
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
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.
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
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.
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.
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.
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.
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.
(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.
(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).