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