Tender no: OPaL/BDA/MM/TEN/1060000571/17-18 … · sub-contracting to Technip in order for the bid...

34
Page 1 of 34 Tender no: OPaL/BDA/MM/TEN/1060000571/17-18 Procurement of Process Simulation Software for OPaL Sub: Replies to pre-bid queries and Amendment-1 to tender document 1) Technical replies: Sl No Page No. & Clause No. of Bidding Document Existing Clause Changes/Modifications Proposed by Bidders OPaL’s response 1. 15 3.0 Technical: 3.1 The bidder should be original software developer shall submit certificate of copyright of registration on the organization’s name for their process simulation software For Aspentech’s AES suite, aspentech will provide the copyright registration. Based on scope of supply, for steam cracking simulation Aspentech will have to include Technip’s SPYRO suite for supply. The certificate of registration for SYPRO will on Technip pyrotec name. OPaL to confirm the acceptance for sub-contracting to Technip in order for the bid to meet the specifications of steam cracking in Annexure iii. OPaL need only Yield prediction furnace model. If for that SPYRO suit is required than OPaL is agreeing 2. 40 The main features and requirements for the process simulation software to review the design, off-line calculate and monitor the performance of plant’s process units and also carry out material & energy balances around them – to support /assists its on- line implementation at the end- user’s Plant/office are as follows: Bidder understands that the software supplied will be installed at OPaL Dahej plant site/office only. OPaL to confirm. Software will be installed at OPaL Dahej plant site/office only. 3. 43 Gas or Liquid cracking furnaces with pyrocrack coil arrangement with high pressure steam generation. OPaL to review and clarify this requirement. Is detailed kinetic modeling of the cracker furnace needed ? Is yield predictions for changing operating conditions needed ? Bidder would recommend to utilize Technip Pyrotec’s spyro for this OPaL need Yield predictions model for changing operating conditions. We need only Yield base prediction model. So for that if SPYRO is

Transcript of Tender no: OPaL/BDA/MM/TEN/1060000571/17-18 … · sub-contracting to Technip in order for the bid...

Page 1 of 34

Tender no: OPaL/BDA/MM/TEN/1060000571/17-18 – Procurement of Process

Simulation Software for OPaL

Sub: Replies to pre-bid queries and Amendment-1 to tender document

1) Technical replies:

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

1.

15 3.0 Technical:

3.1 The bidder should be original

software developer shall submit

certificate of copyright of

registration on the organization’s

name for their process simulation

software

For Aspentech’s AES suite,

aspentech will provide the copyright

registration.

Based on scope of supply, for steam

cracking simulation Aspentech will

have to include Technip’s SPYRO

suite for supply. The certificate of

registration for SYPRO will on

Technip pyrotec name.

OPaL to confirm the acceptance for

sub-contracting to Technip in order

for the bid to meet the specifications

of steam cracking in Annexure iii.

OPaL need only Yield

prediction furnace

model. If for that

SPYRO suit is required

than OPaL is agreeing

2. 40 The main features and

requirements for the process

simulation software to review the

design, off-line calculate and

monitor the performance of plant’s

process units and also carry out

material & energy balances around

them – to support /assists its on-

line implementation at the end-

user’s Plant/office are as follows:

Bidder understands that the software

supplied will be installed at OPaL

Dahej plant site/office only. OPaL to

confirm.

Software will be

installed at OPaL Dahej

plant site/office only.

3. 43 Gas or Liquid cracking furnaces with pyrocrack coil arrangement with high pressure steam generation.

OPaL to review and clarify this

requirement. Is detailed kinetic

modeling of the cracker furnace

needed ? Is yield predictions for

changing operating conditions

needed ?

Bidder would recommend to utilize

Technip Pyrotec’s spyro for this

OPaL need Yield

predictions model for

changing operating

conditions.

We need only Yield

base prediction model.

So for that if SPYRO is

Page 2 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

requirement of detailed kinetic

modeling. Please confirm if OPaL

wants Aspentech to include SPYRO

in the software supply for this one

requirement.

required then only

OPaL is agreeing

4. 43 Gas driers and Condensate driers, Caustic tower, Distillation columns (tray/packing)

Please clarify the type of gas drying

process/equipment required to be

modeled. Is this Adsorption bed

process for drying or a solvent/gas

based drying process?

Gas and Condensate

driers both are

Adsorption bed

processes.

5. 43 C2H2 (Acetylene) hydrogenation

isothermal reactor with methanol

condenser system

C3H4 (MAPD) hydrogenation

reactor, Py. Gasoline

hydrogenation and Benzene

Extraction unit, Butadiene unit

with dividing wall rectifier

distillation column.

OPal to please note that simulation

platforms (like Hysys, Aspen Plus)

will have generic reactor models

available. Users will have to utilize

the default Aspen Plus reactors

models available and model/develop

these for a specific process based on

the kinetics, process data and

configuration. The simulation platform

of Aspentech will provide the

capabilities for the user to develop

these models for the mentioned

process.

OPaL to also note that tender/RFA

scope doesn’t not include any model

development by the bidder.

We are not mentioning

the modelling of this

reactors. But software

should have a capability

whenever OPaL need

to develop reactor

model it is possible in

your generic reactor

available model.

6. 43 Purge coumn- (Drum type) Please clarify if this refers to a

distillation column?

It is not a distillation

column. It is a vessel

having polymer resin

with provision of steam

& Nitrogen purge.

7. 43 Fluidised bed reactor gaseous reaction kinetics (reaction order) simulation along with critical parameters and impact of changes in critical process parameters on reaction along with co-relation with solid powder product and its effects

Please clarify if the fluidized bed

reactor with kinetics is required for a

polymer process?

Aspen plus can model fluidized bed

reactors with reactions. But

polymerization kinetics cannot be

Yes. Fluidized bed

reactor with kinetics is

required for polymer

process.

Page 3 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

on the product, Impact of process parameters (changes in temp/pressure/gas composition etc.) on product characteristics, Impact of process parameters on MFI/Density/FBD/Particle Bulk density

modelled in a fluidized bed reactor.

8. 43 Fines generation in reactor and its co-relation with fluidization velocity in the reactor, compressor amperage and reactor static currents, Bed poisoning characteristics with effect on fluidized bed and impact on reaction, Main loop centrifugal compressor with variable vanes, Reciprocating screw two stage compressor efficiency calculations & simulation

Please provide details of these

modelling requirements.

This point is part of

Dynamic Modelling of

LLDPE (gas phase) &

HDPE (slurry base)

plant reactors.

9. 43 Spiral cooler calculations & simulation, Blower performance, Centrifugal / positive displacement pump efficiency calculations and characteristics, Column detailed designing with random/structured packing or different type of trays with and without self-refluxing condenser

Aspentech can model the following

types of heat exchangers for thermal

design – Shell and Tube, Air Cooler,

Plate, Plate Fin, Coil Wound, Fired

heater.

Spiral coolers can be modeled as

generic coolers in Aspen Plus for

calculations/simulations. OPaL to

confirm acceptance.

Agreed & Confirm.

10. 44 Evaporator efficiency and separation simulation, Condenser simulation and detailed designing, Column detailed designing with random/structured packing or different type of trays with and without self-refluxing condenser, Column profile of each tray both equilibrium/non-equilibrium condition

Aspen Plus can model evaporation

process calculations/simulations.

Please provide evaporator equipment

type details for clarity.

It is a single stage

Evaporator.

11. 44 Flaker units Please provide details of this unit It consists of vessels

Page 4 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

operation and equipment type to

understand the modeling feasibility.

only.

12. 44 Effect Matrix, Boolean Logics,

Event Scheduler, PID/On-Off

Control Logics and tabulated inputs

receive from Advanced Process

Control when & if available).

Please provide the details of

tabulated inputs from Advanced

process control for modeling in

Dynamics. Since this is not a typical

requirement of receiving tabulated

inputs from APC. Also clarify the

objective of this APC input

requirement.

Presently we don’t have

an APC. But based on

the tabulated data, we

can input data

manually(offline) in the

simulation software

when APC is available.

13. 45 The software should have tools like

spread-sheets / tabulations and

allow to use cost & demand data

which should help to achieve

following benefits while performing

off line steady state and dynamic

simulation studies.

Please review if dynamic simulation

studies are needed for the utilities.

For all the specifications in point

number 13, Utilities optimization can

be performed by Steady State

Utilities Modeling. Bidder doesn’t see

any requirement for Utilities Dynamic

Studies. OPAL to remove the point

of Dynamic Studies

If it is possible for the

steady state simulation,

then OPaL is agree.

14. 45 Make optimal decisions online

Please clarify as the requirements

are in conflict. Since the section

starts with requirement of offline

models, this “Make optimal decisions”

should be corrected to offline. OPAL

to confirm

Yes. We need here

Offline optimal

decisions.

15. 45 Dynamic Process Simulation Rigorous Model Building

Dynamic Modelling of LLDPE

(gas phase) & HDPE (slurry

base) plant reactors.

Dynamic Modelling of one of

the Cracking

Furnace(Gas/Liquid) of

Cracker plant

OPaL to review and clarify the

requirement of dynamic models for

polymers and crackers. Bidder

recommends steady state models for

cracker plant and polymer models

which can still satisfy all functional

requirements of the tender.

OPaL need dynamic

models for both

polymers and crackers.

16. 45 Dynamic Process Simulation

Rigorous Model Building

Dynamic Modelling of LLDPE

Bidder understands that the present

tender/RFQ is only for software

supply. Hence services for modeling

is not envisaged for this tender.

Said 2(Two) Modelling

will be considered in

model building

services.

Page 5 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

(gas phase) & HDPE (slurry

base) plant reactors.

Dynamic Modelling of one of

the Cracking

Furnace(Gas/Liquid) of

Cracker plant

Above all process models building shall be done in conjunction with OPaL engineer.

Aspentech assumes that all the

process models above will be done

by OPaL Engineers.

Please clarify if OPaL requires model

building to be done by bidder.

The present tender title and scope

are referring to software supply only.

If OPaL requires model building

services also, then the present

RFQ/tender doesn’t not have

adequate information for bidder to

quote for services.

OPaL to review the requirement of

model building by bidder and clarify if

the scope includes any model

building by bidder.

Said modelling will be

done by supplier only

but in coordination with

OPaL employees.

After completion of

modelling, service

modelling amount will

be paid to vendor.

And model building will

be done at OPaL Dahej

Site.

17. 46 The testing of the software and simulation shall be done with plant results on sample basis. The results should be comparable within acceptable limits (+/- 2%).

This testing of the software with

plants results requires detailed

modeling services by bidder. Bidder

understands that the present

tender/RFQ is only for software

supply. Hence services for modeling

is not envisaged for this tender. This

implies that testing with plant data

cannot be done in the present scope

of the tender.

If OPaL requires model building

services also, then the present

RFQ/tender doesn’t not have

adequate information for bidder to

quote for services.

OPaL to review and delete this

testing requirement with plant data by

** We require detailed

model building services

for the,

1) Dynamic Modelling

of LLDPE (gas phase)

& HDPE (slurry base)

plant reactors.

And, 2) Dynamic

Modelling of one of the

Cracking

Furnace(Gas/Liquid) of

Cracker plant (Yield

prediction model).

And for these dynamic

modeling, we will test it

with the plant data and

should match with

acceptable limit (±2%).

Page 6 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

bidder as model building is not part of

the scope.

Any other required

information for

developing of model will

be provided to selected

vendor.

**Also this ±2 %

deviation for testing of

software: - The vendor

may be asked to

demonstrate the

capability of their

simulation software on

specific requirements

as stated in technical

scope of the tender at

any time but before

opening of the price bid

at OPaL Dahej site. And

during testing, result

should be acceptable

with ±2% deviation.

Cost of this

demonstration will be

incurred by the vendor.

18. 46 Vendor to supply software package

system which allows three users

for Polymer, Cracker & Utilities can

use simultaneously (means one

user from polymer, one user from

cracker and one user from utilities

can work parallaly). Software

should be allowed to install any

machines in OPaL Dahej premises.

OPaL to clarify which sections of

technical specifications from

Annexure-III Scope of supply, will

each parallel user (polymer user,

cracker user, utilities user) need to

meet. Bidder understands that only

the technical scope in Section 13 of

the Annexure III is required to be met

by the utilities user. Similarly which

sections in Annexure III – Technical

scope are applicable for polymer user

and cracker user when considering

simultaneous usage.

In Annexure III, Section

8, first Ten(10) points

for Cracker user, and

remaining points in

Section 8 are for

Polymer user.

And Section 13 of Annexure III is for the Utilities.

Page 7 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

19. 46 Vendor to supply software package

system which allows three users

for Polymer, Cracker & Utilities can

use simultaneously (means one

user from polymer, one user from

cracker and one user from utilities

can work parallaly). Software

should be allowed to install any

machines in OPaL Dahej premises.

Supply and Installation of

the Process Simulation

software with two users

(parallel) and network

facility for OPaL, Dahej,

Gujarat of latest version of

process simulation

software.

Please clarify if the simultaneous

usage of simulation software is for 2

users or 3 users.

Si

Simulation usage is for

3 users.

20. 46 Supply, installation, testing and commissioning of the latest version of process simulation software on the common OPaL Dahej server to enable individual usage by the users through network.

Please clarify and provide details for

the procedure for testing and

commissioning.

OPaL to ensure that the software and

hardware requirements (provided by

bidder) for License server are met by

OPal Dahej server.

Supplying of software

and downloaded on

OPaL server.And

vendor is responsible

for succesful installation

of the software.

Software and Hardware

requirement for License

server will be fulfilled by

OPaL

21. 46 The supplier shall provide an installation CD along with necessary activation keys or code.

Bidder will provide the software for

installation by USB drive.

Accepted.

Page 8 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

22. 46 Installation of the software shall be as per the instructions of the Engineering In-charge.

Please clarify this. The software

installation needs to follow the

procedure and instructions provided

by the bidder. Also the software and

hardware requirements (provided by

bidder) for OPaL License server and

OPaL client machine need to be met.

The software installation needs to be

done by OPaL team with remote

assistance and instructions by bidder

technical support team.

OPaL need to clarify

here that, Engineer In

charge means, only one

process person will co-

ordinate with the vendor

and on his approval

software will be

installed on OPaL

Dahej server.

23. 46 Training to at least 20(±5) users for 15 days minimum at OPaL Dahej site with training materials to the participants.

OPaL to clarify on which

capabilties/topics of the software is

the training required.

1. We need standard

training as well as

2. Customize training

which includes,

PP/PE Plant: a) PE/PP

plant reactor dynamics

with melt index and

density variation with

Gas phase composition,

b) Powder properties

characteristics for

different grades, c)

Grade transition with

different types e.g.

continuous, semi

continuous and

discontinuous

HDPE : Slurry phase

reactor configuration

Cracker : a) Distillation

column, Reactor &

Compressor modelling

training b) Cracking

Furnaces configuration

24. 46 Software user’s guide and complete technical literature in 2 sets of hard copy and 1 soft copy.

The software user guide will be

available in the software after the

completion of installation. Hence

separate hard copy/soft will not be

We need 2(Two)

hardcopies and 1(One)

soft copy from the

vendor.

Page 9 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

provided. OPaL to the confirm the

same.

25. 46 Supply and installation of the

software shall be completed within

1 month after the award of letter of

acceptance.

The software installation needs to be

done by OPaL team with remote

assistance from Bidder’s technical

support team.

Accepted.

26. 46 Vendor shall provide full support for

one year from the date of

successful installation and

commissioning of the process

simulation software.

Please clarify the details of the

support expected after successful

installation of the software.

Bidder provides 24x7 remote support

for any software installation issues

and product issues.

Vendor shall provide

onsite services in case

the software related

issue (other than

technical support) could

not be solved remotely

without charging any

cost to OPaL.

27. 46 OPaL Dahej has Windows 2008 server at present; the process simulation software shall run on this server with client side using any of Windows XP/ Windows Vista/Windows 10 operating systems. It shall also able to run on the next version of windows server (e.g Windows 2016) without any upgradation.

The software installation needs to

follow the procedure and instructions

provided by the bidder. Also the

software and hardware requirements

(provided by bidder) for OPaL

License server and OPaL client

machine need to be met.

OPaL need to clarify

that software should be

able to run/install on the

said server.

We do not have

Window XP/Vista.

28. 46 The process simulation software shall not interfere with the other softwares running on the server or specified computer on which it will be installed (all computers are connected through network). It shall not corrupt the other softwares. For that vendor should supply dedicated firewall system.

No firewall system will be supplied by

bidder for the software installation.

Fire wall is required.

29. 46 Vendor may take the help from OPaL Dahej IT Department before executing the job for IT related activities.

The software installation/IT related

activities needs to be done by OPaL

team with remote assistance and

instructions by bidder technical

support team

Agreed.

30. 47 The simulation software package supplier shall provide full support during re-installation of software

The software installation/re-installation related activities needs to be done by OPaL team with remote

Agreed.

Page 10 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

from installation CD during the full license period if any such requirement arises in future.

assistance and instructions by bidder technical support team

31. 61

Annexure –

VII

Service Level Requirements

For any defects/failure/problem

referred to the vendor through

telephone /mail /fax vendor during

the license period, supplier shall

respond to Call Logged by OPAL,

within 3 (three) working days from

the date of intimation.

Aspentech can confirm the response

to any formal call logged by OPAL at

Aspentech Customer Support portal.

However resolution of the query

completely depends upon the nature

of the query and hence we request

OPAL to REMOVE the WORD

RESOLVE from the point.

Accepted.

In addition to regular

support, for any

defects/failure/problem

referred to the vendor

through telephone /mail

/fax vendor shall

respond within 3 (three)

working days

32.

33.

45 Of 61

- Dynamic Modelling of LLDPE (gas phase) & HDPE (slurry base) plant reactors.

Dynamic simulation model development would requires following information for mentioned polymer units; - PFD, P&ID and HMB - Pressure -Temperature - Flow Rate - Composition - Polymer feed recipe - Catalyst - Co-Catalyst details, - Grade details - Polymer properties OPaL to confirm which of the above information can be provide during execution phase.

Yes. All said information will be provided during execution.

34. 45 Of 61

- Dynamic Modelling of one of the

Cracking Furnace(Gas/Liquid) of

Cracker plant

Dynamic simulation model development would require following information for all process streams; - PFD, P&ID and HMB - Pressure -Temperature - Flow Rate - Composition - SPYRO / Equivalent data from Licenser OPaL to confirm

Yes. All said information will be provided during execution. And we need " Yield base model for the Cracking Furnaces".

35. 45 Of 61

Above all process models building

shall be done in conjunction with

Honeywell understands that the

OPaL Engineer be deputed for

complete duration at Honeywell

Said process modelling will be done at OPaL Dahej site only and with the help of Vendor.

Page 11 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

OPaL engineer.

Office in Pune during model build

phase. Please Clarify. Else OPaL to

elaborate on the How Opal Engineer

will be involved in model building.

After completion of the modelling, amount will be paid to vendor. Said Modelling will be considered in model building services. All responsibilities of successful completion of modelling will remain with the Vendor only.

36. 46 Of 61

Software License The license will be network based and valid for 6 (Six) years term. The Software license should work to latest version of Windows Operating System /hardware. The licenses should be uninstalled and reinstalled on to new servers without any interaction with vendor for permission / keys. Vendor to supply software package system which allows three users for Polymer, Cracker & Utilities can use simultaneously (means one user from polymer, one user from cracker and one user from utilities can work parallaly). Software should be allowed to install any machines in OPaL Dahej premises.

Honeywell understands that OPaL is looking for; 1. Steady State and Dynamic Simulation software for Polymer, Cracker and Utility process - 3 Parallel Users (1 user\process) 2.Heat Exchanger Network optimization and Pinch Analysis, Flare System, PSV, Depressurization and Blowdown - 1 User at a time? OPaL to confirm on above understanding.

1. Yes. 3 Parallel user 2. Will be used only by

one user at a time.

37. 46 of 61 - Supply and Installation of the

Process Simulation software with

two users (parallel) and network

facility for OPaL, Dahej, Gujarat of

latest version of process simulation

software.

This conflicts with above requirement of Three (03) parallel users. Kindly confirm.

Requirement is for

Three(03) parallel users

only. As mentioned

above.

38. 46 of 61 Training to at least 20(±5) users for 15 days minimum at OPaL Dahej site with training materials to the participants.

Honeywell understands that OPaL is expecting standard software training under this clause. OPaL to confirm.

1. We need standard

training as well as

2. Customize training

which includes,

PP/PE Plant: a) PE/PP

Page 12 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

plant reactor dynamics

with melt index and

density variation with

Gas phase composition,

b) Powder properties

characteristics for

different grades, c)

Grade transition with

different types e.g.

continuous, semi

continuous and

discontinuous

HDPE : Slurry phase

reactor configuration

Cracker : a) Distillation

column, Reactor &

Compressor modelling

training b) Cracking

Furnaces configuration

39. 46 Of 61

The vendor shall give onsite training to 20(±5) users for at least 15 days in various capabilities of software use as per the client requirement. Vendor shall arrange travelling, boarding and lodging of their personnel on their own.

Honeywell understands that OPaL is expecting Customized software training around specific requirements of OPaL around process simulation. OPaL to elaborate on this customized training requirement. OPaL to confirm.

1. We need standard training as well as 2. Customize training which includes, PP/PE Plant: a) PE/PP plant reactor dynamics with melt index and dinsity variation with Gas phase composition, b) Powder properties characteristics for different grades, c) Grade transition with different types e.g. continuous, semi continuous and discontinuous HDPE : Slurry phase reactor configuration Cracker : a) Distillation column, Reactor & Compressor

Page 13 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

modelling training b) Cracking Furnaces

configuration

40. 46 Of 61

- OPaL Dahej has Windows 2008

server at present; the process

simulation software shall run on

this server with client side using

any of Windows XP/ Windows

Vista/Windows 10 operating

systems. It shall also able to run on

the next version of windows server

(e.g Windows 2016) without any

upgradation.

The current version of Honeywell

Software shall be compatible with

Microsoft Windows 7, 8 and Microsoft

Windows 10 (32 and 64 bit) and

supports server operating systems

are Microsoft Windows Server 2008,

Microsoft Windows Server 2012 and

Microsoft Windows Server 2016.

Windows XP and Windows Vista are

non-supporting operating system.

We do not have

Windows XP &

Windows Vista

operating system.

2) Commercial Replies:

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

1) 31 to 39

Annexure –

II

General Terms and

Conditions

All terms as per Aspentech Standard

Terms and Conditions as mentioned

in Aspentech Software License

Agreement(SLA).

We request OPAL to Accept all the

terms and conditions mentioned in

Aspentech SLA which we shall

submit along with our bid.

Bidder to note that OPaL had

floated the tender on open

tender basis and hence

acceptance of particular bidders

terms & conditions is not

acceptable. Contract with the

bidder shall be with OPaL’s

terms & conditions. All the

financial obligations shall only

be governed by OPaL’s tender

conditions. However, for day to

day usage affairs, OPaL can

sign a license agreement with

the successful bidder after

mutually agreeing to the terms

Page 14 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

& conditions. Further, in the

event of any inconsistency

between OPaL’s tender

conditions and the bidders’

license agreement, OPaL’s

tender Conditions shall prevail

over the conditions of the

license agreement

2) Page: 48 of

61/Price bid

format

Price bid format:

Item Description

Process

Simulation

Software (as

per the scope

of supply at

Annexure-III)

Amount for 1st

year

Amount for 2nd

year

Amount for 3rd

year

Amount for 4th

year

Amount for 5th

year

Amount for 6th

year

Total Amount

(in figures)

We request following changes in

Price Bid Format provided in the

tender document as per below

Item Description

Process

Simulation

Software (as

per the scope

of supply at

Annexure-III)

Amount for 1st

year

Amount for 2nd

year

Amount for 3rd

year

Amount for 4th

year

Amount for 5th

year

Amount for 6th

year

Process

Simulation

Modelling

Services (as

per the scope

of supply at

Annexure-III)

Process

Simulation

Training

Services (as

per the scope

Agreed, price bid format will be

revised accordingly.

Refer Amendment-1 below.

Page 15 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

of supply at

Annexure-III)

Total Amount

(in figures)

3) 60 of 61 Payment terms:

Payment shall be made in

annual instalment basis and

within 30 calendar days from

the date of receipt of clear

and undisputed invoice/bill.

Payment for first year shall

be paid within 30 days from

the date of satisfactory

installation and acceptance

of the same by OPaL.

Payment for the subsequent

years shall be made at the

beginning of the year.

Payment shall be made in annual

instalment basis and within 30

calendar days from the date of clear

and undisputed invoice/bill. Payment

for first year shall be paid within 30

days from the date of satisfactory

installation of software at site.

Payment for the subsequent years

shall be made at the beginning of the

year.

Modeling Services:

Order

Meeting and data collection

completion of Model

Acceptance

completion of each training

Since the break-up of the price

towards modelling services &

training services included in the

price bid, the payment term for

the same is also included as

below.

Each Modelling services: 100%

payment of respective model

after model deployment at site

and its acceptance

Training services: 100% after

completion of training

4) 3 SCC Warranties & Guarantees Honeywell proposes following warran

ty clause ‐

Honeywell warrants that Software, as

first delivered by Honeywell, will mat

erially operate according to Honeywel

l published user documentation for 9

0 days after date of first shipment to

Buyer. Third‐

party software within Software is warr

anted for the shorter of 90 days or the

third party warranty period to Honey

well. If Honeywell confirms a defect in

No change in the tender

condition

Page 16 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

Software during the warranty period t

hen, at no charge to Buyer and as Bu

yer’s sole and exclusive remedy, Ho

neywell must, at its option, either rep

air or replace defective Software. Soft

ware repaired or replaced is warrante

d for the remainder of the original wa

rranty period. Delivery of error correct

ion, updates, upgrades, changes, revi

sions or additional copies will not res

tart or otherwise affect the warranty p

eriod. Honeywell warrants that the m

edia on which Software is shipped is f

ree of material defects in workmansh

ip for a period of 30 days from date of

first shipment. Honeywell’s sole oblig

ation for breach of this warranty, and

Buyer’s sole remedy, is the replacem

ent of the media and the Software on

that media. The warranties specified i

n this Software Warranty clause will n

ot be effective and Honeywell will ha

ve no obligation or liability to Buyer if:

(a) Software is not used according to

the applicable documentation and Li

censed Use; (b) Software is altered,

modified or revised by or for Buyer; (c

) Buyer’s computer hardware malfunc

tions or the electrical power or extern

al electrical circuitry is defective; (d) B

uyer uses Software with any compute

r hardware or software not approved

or recommended by Honeywell as co

mpatible with Software in its docume

ntation; or (e) the warranty claim is un

related to a warranted defect in Softw

are or cannot be reproduced by Hon

eywell. Honeywell does not warrant t

hat the quality or performance of any

Page 17 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

Software meets Buyer’s requirements

or that Buyer will achieve any partic

ular results from use of the Software

or that the Software operates uninterr

upted or free from error. Buyer assum

es full responsibility for: (a) the select

ion of the Software; (b) the proper ins

tallation and use of the Software; (c)

verifying the results obtained from th

e use of the Software; and (d) taking

appropriate measures to prevent loss

or theft of data. Honeywell assumes

no responsibility or liability for any inj

ury or damage to any persons or prop

erty resulting from the use by Buyer o

f the Software. Buyer warrants that B

uyer will take precautions, establish

procedures and post notices to ensur

e that persons and property are not h

armed in the event of an error, malfun

ction or unexpected operation of the

Software. WARRANTIES IN THIS LI

CENSE ARE EXCLUSIVE AND IN LI

EU OF ALL OTHER WARRANTIES,

WHETHER WRITTEN, EXPRESS, I

MPLIED, STATUTORY OR OTHER

WISE, INCLUDING WITHOUT LIMIT

ATION, IMPLIED WARRANTIES OF

MERCHANTABILITY, NON‐

INFRINGEMENT, AND FITNESS FO

R PARTICULAR PURPOSE OR ARI

SING FROM COURSE OF PERFOR

MANCE, COURSE OF DEALING OR

USAGE OF TRADE. THE REMEDI

ES IN THIS LICENSE ARE BUYER’S

ONLY REMEDIES FOR BREACH O

F WARRANTY. ORAL OR WRITTEN

INFORMATION OR ADVICE GIVEN

BY HONEYWELL, ITS DEALERS, D

Page 18 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

ISTRIBUTORS, AGENTS OR EMPL

OYEES WILL NOT INCREASE THE

SCOPE OF THIS WARRANTY. HO

NEYWELL MAKES NO REPRESENT

ATIONS OR WARRANTIES ON BEH

ALF OF ITS LICENSORS.

5) 4 SCC Payment term Payment terms are net 30 days from

date of invoice with payment made in

immediately available funds through

electronic transfer. If any audit disclo

ses any underpayment, Buyer must p

romptly pay Honeywell the underpaid

license fees and related maintenance

and support fees with interest at a m

onthly rate of the lower of 1.5% or the

highest rate allowed by law. If the un

derpayment is 5% or more of the total

amount of license fees paid for the

Software, Buyer must reimburse Hon

eywell for its audit costs and audit rel

ated expenses

No change in the tender

condition

6) 5 GCC Acceptance of offer This clause is acceptable, provided th

at the deviations proposed by Honey

well shall form part of the main contra

ct and be foremost in order of preced

ence.

Deviations agreed by OPaL in

writing prior to submission of

the bid shall be included in the

contract. Other deviations which

are not accepted by OPaL will

not be considered.

7) Clause 6.0

of GCC

MODIFICATION IN PURCH

ASE ORDER :

Honeywell proposes following change

s in the clause ‐ Either Party may ma

ke changes within the scope of an Or

der subject to acceptance by the oth

er Party. Honeywell will inform Buyer

if the change causes a price or sched

ule adjustment. The change will be ef

fective and Honeywell may begin per

formance upon the Parties’ authorize

d signature of a change order.

Change order clause as per

OPaL standard format can be

included. Please refer

Amendment-1 below.

8) Clause

14.0 of

FAILURE &TERMINATION/

LIQUIDATED DAMAGES

Honeywell proposes following change

s in the clause‐

These are standard clause of

OPaL, hence no change is

Page 19 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

GCC LD shall be levied only on the undeliv

ered portion. LD's are customer's sol

e and exclusive remedy for the HON

defaults to which LD's are applied

acceptable

9) Clause

14.2.3 of

GCC

Extension in delivery perio

d due to delay on the part of

OPaL:

Honeywell proposes following change

s in the clause ‐ Along with extension

of time, Honeywell to also be compe

nsated for the losses/expenses incurr

ed due to delays by the purchaser.

No change in tender condition

10) Clause

28.1 of

GCC

Applicable laws Honeywell proposes the exclusive juri

sdiction of the Courts in India at Mum

bai.

No change in tender condition

11) Clause

28.3 of

GCC

Arbitration Honeywell proposes following change

s in the clause ‐ There shall be no ar

bitration for disputes involving claims

upto Rupees 25 lakhs and more than

100 crores. Arbitration & Conciliatio

n Act, 1996 to be replaced by the ne

w Act‐ Arbitration & Conciliation Act,

2015. We propose that, despite the

value of claim, Arbitrators are appoint

ed mutually by the Parties [whether S

ole of Panel] so as to ensure indepen

dence, impartiality and neutrality as

prescribed in the Arbitration & Concili

ation Act, 2015. Seat of Arbitration sh

all be Mumbai.

No change in tender condition

12) Clause

31.0 of

GCC

Patents Clause is acceptable provided followi

ng portion is added “Vendor will defe

nd any suit against Purchaser claimi

ng that a Deliverable infringes a valid

United States patent or copyright exis

ting as of the effective date of the Agr

eement and will indemnify Purchaser

for any final judgment against Purch

aser resulting from the suit provided t

hat Purchaser (a) gives Vendor prom

pt notice when Purchaser becomes a

ware of a third‐

No change in tender condition

Page 20 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

party claim, (b) gives complete author

ity and assistance (at Vendor expens

e) for disposition of the claim, and (c)

makes no prejudicial admission with

respect to the claim. Vendor has no li

ability for: (a) Deliverables supplied p

ursuant to Purchaser designs, drawi

ngs or specifications, (b) Deliverables

used other than for the purpose for w

hich they were delivered, (c) claims r

esulting from combining any Delivera

ble with any product or software not s

upplied by Vendor, (d) any modificati

on of a Deliverable by other than Ve

ndor, (e) any compromise or settleme

nt made without written Vendor conse

nt; or(f) costs or attorney fees incurre

d by Purchaser. If infringement claim

is made or is likely, Vendor may at it

s option and expense: (a) procure the

right for Purchaser to continue using

the Deliverable, (b) modify the Delive

rable to be non‐

infringing, or (c) accept return of the

Deliverable (and terminate Purchaser

’s applicable software license) and cr

edit Purchaser the purchase price pai

d for the Deliverable, less reasonable

depreciation for use, damage and o

bsolescence. Failure of Purchaser to

accept any of the above remedies in l

ieu of the infringing Deliverable will re

lieve Vendor of any liability for infring

ement. Failure to ship infringing Deliv

erables will not breach the Agreemen

t. This section states Vendor’s entire l

iability and Purchaser’s sole recours

e and exclusive remedies with respec

t to infringement. All warranties again

Page 21 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

st infringement of intellectual property

rights, whether statutory, express or

implied, are disclaimed.”

13) Additional clause CONFIDENTIALITY: “Confidential Inf

ormation” is information that: (a) is m

arked as “Confidential” or “Proprietary

” at the time of disclosure; or (b) is dis

closed orally or visually, is identified

by the Party disclosing the informatio

n (“Discloser”) as confidential at the ti

me of disclosure, and is designated a

s confidential in a writing sent to the r

eceiving Party (“Recipient”) within 30

days after disclosure that summarize

s the Confidential Information sufficie

ntly for identification. … Recipient is r

esponsible to Discloser for any violati

on of the confidentiality obligations b

y its employees or an authorized third

party. Within 30 days of Discloser’s

written request, Recipient will return o

r destroy all Confidential Information,

including all copies thereof, and will c

ertify to such return or destruction in

writing to Discloser. Confidential Infor

mation will not include any informatio

n that: (a) was in Recipient’s posses

sion and not subject to an obligation

of confidentiality before receipt from

Discloser; (b) is or becomes legally a

vailable in the public domain through

no fault of Recipient; (c) was rightfull

y received by Recipient from a third p

arty who had no obligation of confide

ntiality, either directly or indirectly, to

Discloser; or (d) was independently d

eveloped by Recipient without use of

or reference to Discloser’s Confidenti

al Information. If Recipient is required

OPaL’s standard clause will be

included. Please refer

Amendment-1 below.

Page 22 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

to disclose Confidential Information p

ursuant to applicable law, statute, re

gulation, or court order, Recipient will

(a) give to Discloser prompt written n

otice of the request and a reasonable

opportunity to object to the disclosur

e and seek a protective order or appr

opriate remedy; and (b) disclose Conf

idential Information only to the extent

required. Unless otherwise specified,

each Party’s obligations with respect

to the Confidential Information of the

other Party will continue for five years

after the date of receipt. Parties agre

e that breach of the confidentiality ob

ligations by the Recipient will cause ir

reparable damage for which money d

amages will not be fully adequate, an

d Discloser is entitled to seek injuncti

ve relief, in addition to any other lega

l remedies

14) INVENTIONS AND INTELLECTUAL

PROPERTY: No right, title or interest

in Vendor Intellectual Property will be

transferred to Customer under this Ag

reement, including Intellectual Prope

rty which existed prior to or is created

independent of the performance of th

e Agreement. All Intellectual Property

and results of Services, including sof

tware, models, designs, drawings, do

cuments, inventions, and know‐

how (“Inventions”), conceived or deve

loped by Vendor in connection with th

e Agreement are the sole property of

Vendor and Purchaser has no right o

r license to the Intellectual Property o

r Inventions except as granted in the

Agreement. Vendor and its suppliers

It is understood that such

clause may be covered in the

License Agreement Hence, No

change in the tender condition

Page 23 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

retain all right, title and interest to all

Software provided by Vendor, and all

modifications and enhancements ther

eof, and no right, title, or interest in th

e Software, or any copies thereof, is t

ransferred to Purchaser. Purchaser a

grees to hold all Software supplied by

Vendor in strict confidence and will e

mploy best efforts to not disclose the

Software to others. All Software deliv

ered by Vendor is subject to a softwar

e license (“License”). If Purchaser do

es not agree to a separate software li

cense with Vendor, Purchaser does n

ot have a license or right to any Soft

ware

15) New clause proposed SUSPENSION: Purchaser may notify

Vendor to suspend further work unde

r this Order, and Vendor will impleme

nt the suspension within 14 days after

receiving Purchaser’s notice. If the s

uspension lasts for more than 90 cale

ndar days, Vendor may treat the susp

ension as a termination by Purchaser

. Otherwise, the parties will agree on

an equitable adjustment to Vendor’s

price and delivery schedule before Ve

ndor resumes further work under this

Order.

No reasons are foresee for

suspension, hence No change

in the tender condition

16) DEFAULT AND TERMINATION: Eith

er Party may, in addition to any other

rights permitted by law, terminate for

material breach of the Order if the bre

aching Party fails to begin a cure wit

hin 30 days after receipt of written not

ice from non‐

breaching Party specifying the groun

ds, and to continue diligently to cure t

he breach. Buyer may terminate furt

OPaL’s standard clause will be

included. Please refer

Amendment-1 below.

Page 24 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

her work under the Order and Honey

well will implement the termination wit

hin 14 days after receiving Buyer’s no

tice. Upon termination pursuant to su

ch notice, Buyer will pay Honeywell c

ompensation, as reasonably determin

ed by Honeywell, for the work perfor

med/goods delivered/obligations und

ertaken

17) BUYER CAUSED DELAY: Honeywell

is not liable for any project delays or i

ncreased costs caused by delays in o

btaining products, services or softwar

e from Buyer‐

designated supplier or Buyer’s failure

to timely provide information required

for the Work. If Buyer‐

caused delay occurs, and the delay is

not Force Majeure related, then the p

rice and other affected terms will be

adjusted to reflect increased cost, del

ay and other adverse impact suffered

by Honeywell. If delivery of Products

, Services, Software manuals, or oth

er information necessary for performa

nce of the Work is delayed due to con

duct of Buyer or Buyer‐

designated supplier, then Honeywell

may store Products and Software at

Buyer risk and expense and may cha

rge Buyer for the delay.

Not agreed

18)

Price Bid

Format

As per section no.14;

Honeywell understands that

there is requirement of

Honeywell services and

Training for model building.

Hence Honeywell requests

OPaL to add the line item to

include Price of Honeywell

1. Services : A) Dynamic Modelling of

LLDPE (gas phase) & HDPE (slurry

base) plant reactors.

B) Dynamic Modelling of one of the

Cracking Furnace(Gas/Liquid) of

Cracker plant

2. Training : As mentioned above

Break-up of the price towards

modelling services & training

services included in the price

bid format.

Refer revised priced bid at

Amendment-1.

Page 25 of 34

Sl No Page No. &

Clause No.

of Bidding

Document

Existing Clause Changes/Modifications Proposed

by Bidders

OPaL’s response

Services and Training in

price bid format seperately.

Refer Appendix -IV.

19)

General

Request OPaL to provide SEZ GST

exemption/concessional certificate so

that GST@ 18% or concessional

GST or NIL GST can be applied at

the time of invoicing.

OPaL being in SEZ unit is

exempted from payment of

taxes & duties. No specific

certificate is available for GST

exemption.

20) General

Please provide GSTIN Certificate of

OPaL SEZ Unit.

GST certificate shall be shared

with successful bidder.

21)

General

We request OPaL to kind accept our

contarctual clauses as per USD

Software License

Agreement_India_English

Please refer reply at Sl No.1

above

Amendment-1 to tender document:

Clause No. Existing clause Amended clause

Annexure-II-GCC-Change order

- New clause added at Clause-32 of GCC 32.0Change Order:

32.1 Changes: OPaL has the right at any time to make a variation in the Services. Variations must be in writing and if authorized by OPaL and generally in accordance with the procedures set out in this Clause, shall constitute Change Orders, and Consultant shall promptly perform the Services in accordance therewith. A Change Order will not affect the rights or obligations of the OPaL unless as otherwise explicitly provided therein and all provisions of the Contract will apply thereto.

32.2 Consultant’s request for a change : If Consultant believes that any instruction, interpretation or decision of the OPaL or the occurrence of any event affects the Services so as to qualify as a variation to the Services under Clause 6.6, then Consultant shall give prompt notice to the OPaL within 10 days thereof prior to proceeding with the Services affected.

Page 26 of 34

Clause No. Existing clause Amended clause

If the OPaL reasonably judges that said Instruction, interpretation, decision or event requires a Change Order, the OPaL will authorize the same. However, no requested variation will be authorized, if the OPaL reasonably judges that :

32.1.1 Consultant’s work was affected by the fault or negligence of Consultant or Consultant’s failure to comply with the requirements of the Contract, or

32.1.2 The instruction, interpretation, decision or event which has affected Consultant’s work is consistent with the requirements of the Contract.

32.2 Valuation of Variations/Change order : The additions to or deletions from the Services which are allowable as variations will be valued on the basis of an agreed amount of category of man-hours required for performing the Services in accordance with the relevant variation which will be added to or deducted from the Contract Price.

32.3 Authorization of a Variation: Authorization of a variation must be in writing by the OPaL before Consultant proceeds therewith. The authorization will include, in addition to a valuation in accordance with Clause 6.3, prior agreement by the OPaL and Service Provider on the reasonable effect of a proposed variation on the Schedule Completion Date and Contract Price. The authorization shall then constitute Change Order. However, in circumstances which the OPaL reasonably judges to be exceptional, the OPaL may authorize and instruct Consultant to proceed with a variation on the basis that the Parties will agree on the reasonable effect of the variation as soon as possible, and Consultant shall proceed accordingly.

32.4 Non – Variation: Consultant shall not be entitled to a Change Order in circumstances attributable to any error by Consultant.

32.5 Major Changes Only: Only variations which constitute major changes shall be regarded as qualifying as change order

Page 27 of 34

Clause No. Existing clause Amended clause

under this Clause 6.4. For the purpose hereof, “major changes” mean activities.

a. the subject of an instruction by the

OPaL which is additional to or a

reduction of the scope of Services or

b. which are not consistent with the

activities which Consultant can show he

has expressly assumed in any part of

his tender forming part of the scope of

the Services on which he has priced,

which has an impact on price, or

c. If there is any major change in the

process package which results in re-

engineering of bid package, if any re

tendering is done due to reasons not

attributable to the Consultant and if

there is nay “interruption of services of

the Consultant by the Company”

d. Variations each of which do not qualify

under a), b) or c) but which in the

aggregate have a cumulative effect

which have an impact on price.

“Major changes” do not include any instruction or interpretation or decision of the OPaL or events which relate to the services which are consistent with the requirements of the scope of Services, regardless of whether they have an impact on price.

Annexure-II-GCC-Confidentiality

- New clause added at Clause-33 of

Annexure-II-GCC

33.0 Confidentiality:

33.1. OPaL and the Consultant agree to

keep confidential (i) the terms and

conditions of this Engagement (ii) any

data/ information related to the

transaction which is not in public

domain and which may have a material

effect on the transaction, and (iii) any

opinion, advice, statement, expert’s

views, documents, technical

particulars, etc., provided by OPaL to

the Consultant or by the Consultant to

OPaL. Further the Consultant and

OPaL agree that none of the foregoing

Page 28 of 34

Clause No. Existing clause Amended clause

matters may be disclosed or referred to

publicly or to any third party not

concerned with the transaction except

in accordance with the written authority

of the other Party to this engagement.

33.2. The provisions of the clause shall

continue in force after the termination

or completion of this Engagement.

33.3. Upon completion of this Engagement,

all the data, information, material,

records, documents, copies of opinions

and advices, maps, tapes etc.

available, received or generated by the

Consultant in connection with the

discharge of its obligations under this

Engagement shall become the sole

and absolute property of OPaL and

shall be returned by the Consultant to

OPaL within fifteen days (15) from the

date of the termination/expiry of

Contract hereof. Further, the

Consultant shall not use the same in

any manner and for any purpose

whatsoever without the written

authority of OPaL to this engagement.

33.4. Confidential handling of Information

33.4.1. Consultant shall ensure confidential

handling by its own personnel of all

matters pertaining to plans, policies,

cost and other information relating

to the project developed or acquired

by means of the

Agreement/Agreements that will be

entered into between the Company

and other Contractor/Contractors.

33.4.2. Such information shall not be

revealed by Consultant to any of its

personnel or any other person

except such individual who requires

such information in order to perform

the services hereunder.

33.4.3. Consultant shall not prepare articles

or photographs for publication or

speeches about the services and/or

the project or facilities or

Page 29 of 34

Clause No. Existing clause Amended clause

installations or any other information

concerning the Company operations

without prior written consent of the

Company.

33.4.4. The Consultant may rely upon the

accuracy, correctness and

sufficiency of information and data

provided by or on behalf of the

Company or by any third party

under a contract with Company.

Annexure-IV-Price Bid format

Price Bid format Please refer the revised Price bid format attached

Annexure-II-GCC –Clause 14.3

Termination for Insolvency: The Purchaser may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In the event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser

Deleted

Annexure-II-GCC –14.0-Termination

-

New clause added at clause 14.0 14.4 PERIOD & TERMINATION

Period: This Contract shall be valid and effective on and from the date of NOA/Purchase Order until the expiry of the Contract Period.

14.4.1 Termination: 14.4.1.1 Termination on expiry of the CONTRACT

This Contract shall be deemed to have been automatically terminated on the expiry of Contract Period unless OPaL exercise its option to extend this CONTRACT in accordance with the provisions, in any, of this CONTRACT.

14.4.1.2 Termination on account of force majeure:

Either party shall have the right to terminate this Contract on account of Force Majeure, as set forth in Clause 19 of GCC.

14.4.1.3 Termination on account of insolvency:

In the event the Supplier or its collaborator at any time during the term of this Contract

Page 30 of 34

Clause No. Existing clause Amended clause

becomes insolvent or makes a voluntary assignment of its assets for the benefit of creditors or is adjudged bankrupt, then the COMPANY shall, by a notice in Writing have the right to terminate this Contract and all the Supplier’s rights and privileges hereunder, shall stand terminated forthwith.

14.4.1.4 Termination in the event of breach, default or deficiency by the Supplier under or with reference to the Service to be provided under the Contract, OPaL reserves the right at its option and discretion to terminate this Contract with the Supplier.

OTHER PROVISIONS

14.4.1.5 IF Supplier is in breach of any of the material provision of this Contract. In any of the said events, OPaL may terminate this Contract only if OPaL has first given a written notice to the Supplier of such deficiency in service or breach giving requisite particulars thereof and the Supplier has not within 10 (Ten) days of the receipt of such notice taken steps satisfactory to OPaL to rectify the deficiency or breach.

14.4.1.6 Consequences of termination: In all

cases of termination herein set forth, the obligation of OPaL to pay shall be limited to the period up to the date of termination. Notwithstanding the termination of this Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such termination.

14.4.1.7 In case of termination of Contract herein

setforth, except under 14.4.1.1 and 14.4.1.2 and/or annulment of the contract due to non-submission of Performance Security, following actions shall be taken against the Supplier:

(a) OPaL shall be entitled at the risk and

Page 31 of 34

Clause No. Existing clause Amended clause

expense of the Supplier in all respects to engage one or more Suppliers to undertake the service(s) with respect to which the Contract has been terminated for the unexpired term of the Contract and to recover from the Supplier the difference if any between the price payable to the Supplier in respect of such services and the amount incurred by OPaL for such services for the balance of the term of the Contract.

(b) No amount shall be due and payable to the

Supplier for the service(s)in respect of

which the Contract has been terminated until the entirety of such terminated services for the unexpired term of the Contract shall have been completed and all payments finally due on any account to OPaL and/or any other Supplier in respect of such services have been finally settled and OPaL has been discharged from all liabilities in respect thereof if thereafter there remains in the hands of OPaL any excess or balance after all accounting and adjustments of all dues to OPaL, OPaL shall forthwith pay the excess/balance to the Supplier and in the event of the security deposit and other dues of the Supplier in the hands of OPaL being insufficient to meet the dues of OPaL as aforesaid, the SupplierF shall forthwith on demand by OPaL pay OPaL the shortfall failing which such balance outstanding shall carry interest @ 12% (twelve) per annum until receipt of entire outstanding in full.

Annexure- VII-Clause-2.0- Payment term

(i) Payment shall be made in annual installment basis and within 30 calendar days from the date of receipt of clear and undisputed invoice/bill. Payment for first year shall be paid within 30 days from the date of satisfactory installation and acceptance of the same by OPaL. Payment for the subsequent years shall be made at the beginning of the year.

(ii) Payment for the next year will be made after satisfactory inspection and resolution

License fee (Sl No.1 of Price Bid) (i) Payment shall be made in annual installment

basis and within 30 calendar days from the date of receipt of clear and undisputed invoice/bill. Payment for first year shall be paid within 30 days from the date of satisfactory installation and acceptance of the same by OPaL. Payment for the subsequent years shall be made at the beginning of the year.

(ii) Payment for the next year will be made after satisfactory inspection and resolution of

Page 32 of 34

Clause No. Existing clause Amended clause

of queries during the previous year.

queries during the previous year.

Each Modelling Services (Sl No.2 of Price Bid) 100% payment of respective model after model deployment at site and its acceptance Training services (Sl No.3 of Price Bid): 100% after completion of training

Page 33 of 34

ANNEXURE-IV (Amended)

Price Bid Format (Amended)

TENDER NO:

BIDDERS NAME: CURRENCY:

QUOTATION NO: VALIDITY OF OFFER: _____ Days

Sl

No

Item Description Currency Amount

1 License Fee

1.1 Process Simulation Software (as

per the scope of supply at

Annexure-III)

Amount for 1st year

1.2 Amount for 2nd year

1.3 Amount for 3rd year

1.4 Amount for 4th year

1.5 Amount for 5th year

1.6 Amount for 6th year

2.0 Modelling

2.1 I- Dynamic Modelling of LLDPE (gas

phase) & HDPE (slurry base) plant

reactors.

2.2 II- Dynamic Modelling of one of the

Cracking Furnace(Gas/Liquid) of

Cracker plant

3.0 Training

Total Amount (in figures) (1+2+3)

Total Amount (in words)

(SIGNATURE OF AUTHORISED SIGNATORY AND SEAL OF THE CONTRACTOR)

Page 34 of 34

Notes:

1 Bidders are advised not to indicate any separate discount. Discount, if any, should be merged with the quoted price.

2 Bids determined to be substantially responsive will be checked by OPaL for any arithmetic errors.

Arithmetic errors will be corrected by OPaL as follows:

(a) Where there is a discrepancy between the amounts in words and in figures, the amount in words

will govern; and

(b) Errors in summation, subtraction, division and multiplication shall be corrected and only corrected

value shall be considered

3 The project falls under the SEZ notified area. The project is exempted from payment of all types of Taxes & Duties. OPaL’s GSTN No. is 24AAACO9200B3Z2.

6 The basic unit rate quoted by the bidder should be inclusive of charges towards Packing & forwarding, freight and transit insurance.

7 Evaluation of the offers will be done on the basis of item wise total amount (on FOR OPaL- Dahej Price) as indicated above & purchase order will be awarded accordingly. In the event of a tie in respect of any particular item the order for the said item will go to the firm whose total order value as calculated in respect of all the items for which it has clearly become L-1, is maximum.

8 Purchase Order will be issued to the bidder in case the bid has been determined to be in full conformity to the bid documents and has been determined as the lowest evaluated bid, economically feasible and responsive.

9 Conversion of foreign currency for evaluation: While evaluating the bids, the closing B.C. Selling market rates of exchange declared by the State Bank of India on the day prior to the price bid opening will be taken into account for conversion of foreign currency into Indian Rupees. The converted price shall be considered for evaluation of the bids.