Sie sind auf Seite 1von 35

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

SECTION A3 Eligibility criteria for the Bidders

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 1

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

SCOPE OF WORK 1. Scope The Bidder/Contractor shall be responsible for Design, Engineering, Manufacturing, Testing at Manufacturing Works before dispatch, supply, loading and unloading, storage, transportation to site, Erection, Commissioning, Installation testing, Trial Runs, Performance Testing of BOILER TURBINE & GENERATOR (BTG) package with supercritical parameters ,with sliding pressure operation for 2x660 MW units. The brief scope of work of the Bidder shall include, but not be limited to the following:

a. b.

Steam turbine and generators and auxiliaries. Boilers and auxiliaries, ESP, including civil foundation and coal bunker and associated structures. Complete HP and LP piping within the package Condensate and Feed cycle equipment and system including condenser Associated electrical equipment and systems like all drive motors, Generator Control Panel (GCP), Excitation system, Auto synchroniser, AVR TVMCC (turbine valve), BVMCC (Boiler valve), SBMCC (soot blowing), ESPMCC, ESP Service Transformer, all outgoing cables from MCCs to respective loads, SB system and ESP system. Control and Instrumentation system for BTG package including field instruments, Flow elements, control valve/dampers, BOILER integral control, TG integral control, Station DCS, and other special mounting / analysis systems with interconnected cabling.

c. d. e.

f.

g.

Civil foundation and structure for Turbine and generator and the Power house including control room.

h. i.

Training of O & M personnel Obtaining all approvals / consents / permits required for executing the work covered during construction and commissioning

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 2

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

ELIGIBILITY CRITERIA 1. BASIC ELIGIBILITY CRITERIA a. Bids are invited from parties, satisfying the eligibility conditions laid down below, on or before the last date for submission of the QUALIFICATION DOCUMENTS. Bids from parties not satisfying the criteria will not be considered for evaluation. b. The Bidder shall provide the satisfactory evidence that the Bidder and / or where applicable, its associates / partners i. is a manufacturer, who regularly manufactures equipment of the type specified and / or undertakes the type of works specified and has adequate technical knowledge and relevant experience with requisite engineering and infrastructure for project management and execution. ii. does not anticipate a change in ownership during proposed period of execution of work. (if such change is anticipated, the scope and effect thereof shall be defined.) iii. has adequate financial stability and status to meet the financial obligations pursuant to the works covered in the Bid qualification documents as per Cl 3.0 of this section. Has adequate design, manufacturing capacity available to perform the work properly and expeditiously within the time period specified. The evidence shall specifically cover, with written details, installation, manufacturing capacities and present commitment (excluding those anticipated under this pre-qualification documents). If the present commitment are such that the installed capacity results in an inadequacy of manufacturing capacities to meet the requirements appropriate to the works covered in this pre-qualification document then the details of the alternative arrangements to be organized by the Bidder and / or his associate / partner for this purpose shall be furnished and same shall be subject to JSW Energy (Raigarh) Ltd approval and acceptance. iv. has an adequate project management organization, capable of executing the project under consideration, covering the areas related to engineering of equipment / systems, interface engineering procurement of equipment and the necessary field services required for successful construction, testing and commissioning of all the power plant equipment and systems covered in the scope of work of BOILER& auxiliaries and / or STG & auxiliaries package, under this document and has established quality assurance systems and organization designed to achieve high levels of equipment / system reliability both during his manufacturing and / or fabrication and field installation activities. c. The Bidder / manufacturer (other than Indian Bidders / Manufacturers) shall have the experience of successfully executing installation of at least one (1) no. Supercritical, pulverised coal fired boiler, steam turbine generator and its auxiliaries, of capacity 500MW or above, outside his country, which must be under successful operation for 2 years, as on the last date of submission of Bid. The Bidder, if is a qualified Steam Turbine Generator manufacturer, can form consortium with qualified Boiler manufacturer or vice versa, can participate in the bid. However in such case there shall be only one lead bidder and he shall be responsible for all the
Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 3 Date of Issue May-2010

d.

Document Number LII-GEOE10021-G-0000-TS-001

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

commercial and technical liabilities of the specification/contract. The number of partners in the consortium will be limited to only two. e. Bids submitted by consortium shall comply with the following requirements:

i. The consortium partner shall fulfill technical eligibility criteria as per clause c above and
clause 2. ii. The Bid and the Consortium Form of Agreement shall be signed by the authorised representatives of all the partners of the consortium so as to be legally binding on all partners iii. The lead bidder shall be authorised to incur liabilities and receive instructions for and on behalf of any and all partners of the joint venture / consortium and the entire execution of the contract including payment shall be done exclusively with the lead bidder. iv. All partners of the joint venture consortium shall be liable jointly and severally for the execution of the order in accordance with the order terms and / or performance of the Contract executed pursuant hereto, and a relevant statement to this effect shall be included in the authorization mentioned under (iii) above as well as in the Form of Bid and the Form of Contract and; v. A copy of the agreement entered into by the joint venture partners / consortium shall be submitted with the Bid in the form as set out in Annexure - VI of this Section. 2. TECHNICAL ELIGIBILITY CRITERIA In addition to the general requirements stipulated above, the Bidder should also meet the qualifying requirements stipulated hereunder as per clause 2a Category I or 2b Category II as the case may be. 2a CATEGORY I 2a i. Applicable for Steam Turbine and Generator manufacturer Bidder should have designed, engineered, manufactured, tested, erected / supervised erection and commissioned at least one (1) number steam turbine and generator of 500 MW or higher capacity for supercritical power plant of the type proposed to be offered by the Bidder for the project (with main steam pressure not less than 242 bar and temperature not less than 535 0 C. Reheat steam temperature not less than 593 0 C). The above Steam Turbine and Generator shall be in successful operation for a period of not less than two (2) years as on the last date of submission of Bid. 2a ii. Applicable only for Steam Turbine manufacturer The Bidder who meets the above requirements with respect to steam turbine and does not manufacture 500MW or higher capacity Generators or the Generators manufactured by him do not meet the above requirements fully or if he intends to offer Generator of another manufacturer, would also qualify if he associates / collaborates with Generator manufacturer who meets the above requirements fully in respect of Generator and sources the 500MW or higher capacity Generator from the associate/collaborator. In such a case the Bidder shall furnish along with his Bid, an undertaking jointly executed with associate/collaborator for the successful performance of the Turbine generator. The Deed of Joint undertaking shall be submitted along with the Bid, failing which the Bid shall be liable to be
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 4 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

2a iii

rejected. In case of award, the associate/collaborator will be required to furnish an on demand bank guarantee for 1(one) percent of contract price in addition to contract performance security to be furnished by the Bidder. However, total responsibility of drive and driven equipment shall be of the Bidder. AND/OR Applicable for Boiler manufacturer Bidder should have designed, engineered, manufactured, tested, erected/ supervised erection and commissioned at least one supercritical pulverised coal fired Boiler of 500 MW or higher capacity (with main steam pressure not less than 242 bar and temperature not less than 535 0 C. Reheat steam temperature not less than 593 0 C). The above Boiler should be in successful operation for a period of not less than two (2) years as on the last date of submission of Bid. Further such Boiler should be of the type specified i.e., single pass (Tower type) or two pass using either spiral wound or vertical plain / rifled type water wall tubing. In addition the Boiler should have been provided with Evaporator suitable for variable pressure operation (Super critical and subcritical pressure ranges). The bidder shall offer only the type of Boiler and type of water wall tubing for which he is qualified.

2b.

CATEGORY II LICENSEE / COLLABORATOR / JOINT VENTURE COMPANY IN CASE BTG, BOILER OR STG MANUFACTURER IS A LICENSEE / ASSOCIATE / COLLABORATOR, HE SHALL MEET THE FOLLOWING REQUIREMENTS:

2b i.

Applicable for Steam Turbine and Generator Manufacturer The Bidder should have designed, engineered, manufactured, erected / supervised erection, commissioned / supervised commissioning of at least one (1) number of reheat type of Steam Turbine and Generator set of 500 MW or above capacity and which is in successful operation for atleast two (2) years as on the last date of submission of Bid and is a LICENSEE of a manufacturer or ASSOCIATE / COLLABORATOR with manufacturer(s) of steam turbine and generator meeting the requirements of 2 a i or 2aii above. In such an event the Bidder shall furnish undertaking(s) jointly executed by him and his ASSOCIATE / COLLABORATOR for successful performance of the steam turbine generator sets and its auxiliaries as per format enclosed in the Bid documents. The joint deed(s) of undertaking shall be submitted along with the Bid, failing which the Bid shall be liable to be rejected. In case of award, the ASSOCIATE / COLLABORATOR will be required to furnish an on demand bank guarantee for 3 (three) percent of the total contract price in addition to the contract performance securities to be furnished by the Bidder.

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 5

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

AND/OR 2b ii. Applicable only for Boiler manufacturer The Bidder should have designed, engineered, manufactured, erected /supervised erection, commissioned/supervised commissioning at least one (1) no. coal fired Boiler for a 500 MW or higher size unit which is in successful operation for a period of not less than two (2) years as on the last date of submission of Bid and should be a LICENSEE of a manufacturer or ASSOCIATE/COLLABORATOR with a manufacturer of Boiler who satisfies the qualification requirements specified in 2 a iii above. In such an event the Bidder shall furnish undertaking jointly executed by him and his ASSOCIATE /COLLABORATOR for the successful performance of the Boilers and auxiliaries as per the format enclosed with the Bid document. The deed of joint undertaking shall be submitted along with the Bid, failing which the Bidder shall be disqualified and his Bid shall be rejected. In case of award, the ASSOCIATE/COLLABORATOR will be required to furnish a separate on demand bank guarantee for 3 (three) percent of the total contract price in addition to the contract performance securities to be furnished by the Bidder.

2b iii. . Applicable for both Boiler manufacturer and Steam Turbine and Generator manufacturer In case the Bidder/Contractor/manufacturer is a LICENSEE for pulverised coal fired super critical Boiler or Steam turbine and generator, the LICENSEE shall meet the following requirements: Any design including engineering undertaken by the Bidder/LICENSEE shall be approved and vetted by the LICENSOR and shall include as minimum the following. a. Performance calculations for Boiler and their Auxiliaries or TG and their Auxiliaries, Applicable only for Boiler manufacturer:

b.

i. Thermal and Hydraulic design of Boiler and their auxiliaries for safe and reliable operation, ii. Selection of auxiliaries for Boiler, iii. Design of controls, protections and interlocks for boiler and auxiliaries, iv. Providing all design data required to carry out design/selection of balance equipment/systems for Boilers and auxiliaries and for proper interfacing and integration,
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 6 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

c.

Applicable only for Steam Turbine and generator manufacturer i. Thermal design of turbine cycle including heat balance, ii. All interface design data required to carryout the design of balance equipment/steam turbine cycle and for proper interfacing and integration.

Applicable for both Boiler manufacturer and Steam Turbine and generator manufacturer All the relevant documents vetted by the LICENSOR shall be submitted to the OWNER / PURCHASER. Manufacture by the Bidder/LICENSEE shall be done with the approval of the LICENSOR and OWNER / PURCHASER under a quality assurance program approved and monitored by the LICENSOR. The LICENSING agreement should be valid at least for a period of five (5) years from the date of submission of Bid document of the proposed unit. In case of award of the contract, the LICENSOR of the Bidder/LICENSEE will be required to furnish bank guarantee of 3 (three) percent of the total contract price separately for boiler and steam turbine generators as applicable. This bank guarantee shall be in addition to the bank guarantee towards contract performance security to be furnished by the Bidder Bidder/LICENSEE shall obtain a certification from his LICENSOR that his (Bidders/LICENSEEs) manufacturing and shop testing facilities are adequate to meet the standards of the LICENSOR and to meet the specified performance requirements of the equipment being supplied LICENSOR shall post suitable personnel at manufacturers works to supervise and ensure acceptable quality standards during manufacture and stage inspection; and also for site services as required by OWNER/PURCHASER. LICENSORs technical support will be made available as required by the OWNER/PURCHASER in answering OWNER/PURCHASERs technical queries by way of correspondence and participation in coordination meetings during the execution of the contract.

IN CASE OF JOINT VENTURE COMPANY Applicable for both Boiler and Steam Turbine and generator manufacturer 2biii. The Bidder shall be a joint venture (JV) company incorporated in India with a) an Indian company and b) a boiler / steam turbine generator manufacturing
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 7 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

company, herein after referred to as Joint venture Partner BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE, as promoters for the purpose of manufacturing supercritical Boilers or Steam Turbine and Generators in India and shall meet the following requirements: a. The Joint venture Partner BOILER Manufacturer or LICENSEE / Joint venture Partner STG Manufacturer or LICENSEE shall meet the qualification requirements specified in clause 2a.iii or 2ai / 2aii or 2bii/ 2bi. b. The Joint venture Partner BOILER Manufacturer or LICENSEE / Joint venture Partner STG Manufacturer or LICENSEE shall maintain a minimum equity participation of 26% in the JV Company for a period of 7 years from the date of incorporation of JV Company c. One of the promoters shall be a majority stake holder who shall maintain a minimum equity participation of 51% in the JV Company for a period of 7 years from the date of incorporation of JV Company. f. In the event that the majority stake holder is other than the Joint venture Partner BOILER Manufacturer or LICENSEE / Joint venture Partner STG Manufacturer or LICENSEE it should have executed in the last 10 years large industrial projects on Turnkey basis (with or without civil works) in the area of power / steel / oil& gas / petro chemical / Fertilizer or any other process industry with total value of such projects being Rs. 10000 Million or more. At least one of such projects should have a contract value of Rs.4000 Million or more. This project shall be in successful operation for a period of not less than two (2) years as on the last date of bid submission.

e. The Joint venture Partner BOILER Manufacturer or LICENSEE / Joint venture Partner STG Manufacturer or LICENSEE and the JV company should have valid ongoing technology transfer agreement for the type, size and rating of the Boiler or Steam turbine and generator specified valid at least for a period of five (5) years from the date of submission of Bid document. The Bidder and The Joint venture Partner BOILER Manufacturer or LICENSEE / The Bidder and The Joint venture Partner STG Manufacturer or LICENSEE shall be required to furnish an undertaking in this regard with the bidding documents for transfer of technology which shall be supported by Board resolution. f. The Bidder shall furnish a deed of joint under taking executed between the Bidder and the promoter companies towards the Bidder and the majority stake holder being jointly and severally liable to the Owner for successful performance of the contract, AND The Bidder and the Joint venture Partner BOILER Manufacturer or LICENSEE / Joint venture Partner STG Manufacturer or LICENSEE being jointly and severally liable to the Owner for successful performance of the BOILER and Auxiliaries / STG and Auxiliaries.
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 8 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

The deed of joint undertaking shall be submitted along with bid, failing which the bid shall be liable to be rejected. In case of award , each promoter company shall be required to furnish separate on demand bank guarantee for an amount equal to 1(one) percent of the total contract price in addition to the contract performance security to be furnished by the bidder.
OR

2 c) The Bidder shall be either an Engineering, Procurement and Construction (EPC) organization or a Turnkey Management and contracting organization and has successfully executed at least one (1) number Coal / Lignite / Gas fired power plant of Unit size 300 MW or higher capacity (in case of Gas based Combined Cycle Power Plant the total capacity of plant consisting of Gas Turbine Generator set, Heat Recovery Steam Generator and Steam turbine Generator set shall be considered as unit capacity) in India, which is in successful commercial operation for a period of not less than two (2) years on the last date of submission of bid, can be qualified provided he fulfills the following requirements. The Bidder shall source the Steam Generator (SG) and Steam Turbine Generator (STG) from its Joint Venture (JV) companies incorporated in India for Manufacturing of Steam Generators (SG) and Steam Turbine Generators (STG), wherein the Bidder / his subsidiary is the majority stake holder and who shall maintain a minimum equity participation of fifty one percent (51%) in both the Joint Venture companies for a period of seven years from the date of incorporation of respective Joint Venture company. ii) One of the other promoters of SG manufacturing JV company shall be a Steam Generator manufacturer hereinafter referred to as "Joint Venture Partner - SG manufacturer" who shall maintain a minimum equity participation of 26% in the Joint Venture Company for SG manufacturer for a period of seven (7) years from the date of its incorporation. iii) One of the other promoters of STG manufacturing JV Company shall be a Steam Turbine & Generator manufacturer hereinafter referred to as "Joint Venture Partner - STG manufacturer" who shall maintain a minimum equity participation of 26% in the Joint Venture Company for STG manufacturer for a period of seven (7) years from the date of its incorporation. iv) "Joint Venture Partner - SG manufacturer" should have designed, engineered, manufactured, supplied, erected, commissioned at least one (1) number of pulverized coal fired Steam Generator set of 500 MW or higher capacity suitable for supercritical parameters specified or higher and type as specified at 2 a iii above, which is in successful commercial operation for a period of not less than two (2) year on the last date of submission of bid. v) "Joint Venture Partner- STG manufacturer" should have designed, engineered, manufactured, supplied, erected, commissioned at least one (1) number of Steam Turbine & Generator set of 500 MW or higher capacity suitable for supercritical parameters specified or higher, which is in successful commercial operation for a period of not less than two (2) year on the last date of submission of bid. In case "Joint Venture Partner - STG manufacturer" does not manufacture the Generator of 500 MW or higher capacity but source the Generator from another partner of the same Joint Venture Company , would also qualify as "Joint Venture
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 9 Date of Issue May-2010

i)

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Partner - STG manufacturer" if he, along-with the Generator Manufacturing Company meets the requirements specified above. vi) The Joint Venture partner- SG manufacturer and "Joint Venture Company" should have valid ongoing technology transfer agreement for the type, size and rating of the Steam Generator specified valid upto the end of the warranty period of the contract. vii) The Joint Venture partner - STG manufacturer and "Joint Venture Company" should have valid ongoing technology transfer agreement for the type, size and rating of the Steam Turbine & Generator specified valid upto the end of the warranty period of the contract. 3.0 FINANCIAL ELIGIBILITY CRITERIA a. The average annual turnover of the Bidder for Boiler and Steam turbine generator and their auxiliaries package ( Sole, JV, total of consortium partners) in the last three (3) consecutive financial years as on the last date of submission of Bid, shall not be less than 375 million US dollars or equivalent. In addition, The net worth of the bidder as on the last day of the preceding financial year shall not be less than 100 % of the paid-up share capital. In case the bidder is not able to furnish its audited financial statements on stand alone entity basis, the un-audited unconsolidated financial statements of the bidder can be considered acceptable provided the bidder furnishes the following further documents on substantiation of its qualification: i) Copies of the un-audited unconsolidated financial statements of the bidder along with copies of the audited consolidated financial statements of the Holding Company.

ii) A Certificate from the CEO/CFO of the Holding Company, stating that the unaudited unconsolidated financial statements form part of the Consolidated Annual Report of the company.

b. In cases where audited results for the preceding financial year are not available, certification of financial statements from a practicing Chartered Accountant shall be considered acceptable. d. In case a bidder does not satisfy the financial criteria, stipulated at clause 3a above on its own, the holding company would be required to meet the stipulated turnover requirements at clause 3a above, provided that the net worth of such holding company as on the last day of the preceding financial year is at least equal to or more than the paid-up share capital of the holding company. In such an event, the bidder would be required to furnish along with its bid, a Letter of Undertaking from the holding company, supported by Board Resolution, pledging unconditional and irrevocable financial support for the execution of the Contract by the bidder in case of award.

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 10

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

d. Financial criteria for Joint Venture Partner-BOILER Manufacturer and / or Joint Venture Partner STG Manufacturer not being a majority stake holder: i. The average annual turnover, in the preceding three (3) financial years as on the date of bid opening, shall not be less than 375 million US dollars or equivalent. ii. The Net Worth as on the last day of the preceding financial year shall not be less than 100% of the paid-up share capital. g. Bidder shall submit his audited balance sheet for last three (3) years and in case of consortium the audited balance sheet of each of the consortium members shall be submitted as part of response to Bid document. The Bidder is also requested to submit the following: i. In case of consortium, consortium agreement shall be valid till expiry of warrantee period of proposed contract. Copy of consortium agreement shall be submitted along with the Bid. ii. The Bidder shall provide copies of the business reports and audited annual reports of the last three (3) years. iii. Credit rating by reputed and approved agencies

4.0

Not withstanding anything stated above , the OWNER / PURCHASER reserve the right to assess the capabilities and capacity of the BIDDER / his COLLABORATORS / ASSOCIATES / JV PARTNERS to perform the contract , should the circumstances warrant such assessment in the overall interest of the OWNER / PURCHASER. Any time prior to the deadline for submission of Bid, Owner may for any reasons, whether at their own initiative or in response to clarifications requested by Bidders, modify the Bid qualification requirements in order to have wider participation amongst Bidders, by amendment. The amendment will be notified in writing to all Bidders (at the address indicated at time of purchase of enquiry specification) who have collected the enquiry and will be binding on them. The Bidder shall acknowledge the receipt of the amendment promptly upon the receipt of the same. In order to afford Bidders time in preparing of Bid due to amendment, Owner may, at his discretion extend the deadline set for submission of the Bid. JSW Energy (Raigarh) Ltd reserves the right to reject any or all responses to Bid Qualification Requirements or cancel/withdraw the process without assigning any reason whatsoever and in such case no applicant/intending applicant shall have any claim arising out of such action.

5.0

6.0

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 11

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Annexure I (Applicable for Boiler manufacturer) [Name of Bidder or Licensee or JV partner or partner of a Consortium] The Bidder shall provide adequate information to demonstrate that its selected BOILER and STG manufacturers and their Licensors have the capability to meet the requirements as indicated in Eligibility Criteria. Boilers and Auxiliaries Name of the OEM/Licenser/JV Partner Steam Generator

Address of the Customer / Plant

Temperature at Superheater

Pressure at Superheater

/ Reheater Header , OC

Name of Power Plant

Header, bar (a)

Capacity, T/H

Customer

10

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 12

Date of Issue May-2010

Name & Contact No/E mail of the Person to whom Reference May be Made 11

Period of Construction & Date of Commissioning

Value of Work Rs. Lakhs

Brief Scope of Work

Type of Fuel

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Annexure-II (Applicable for Steam Turbine and generator manufacturer) Steam Turbine Generators and Auxiliaries Name of the OEM/Licensor/JV Partner Steam Period of Construction & Date of Commissioning

Temperature at HP and IP Turbine

Address of the Customer / Plant

Name of Power Plant

Pressure at Turbine

Capacity, MWe

Customer

10

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 13

Person to whom Reference May be Made


Date of Issue May-2010

Name & Contact No/E mail of the

Brief Scope of Work

Value of Work

Inlet, bar(a)

Inlet,, OC

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Annexure III FORMAT FOR DEED OF JOINT UNDERTAKING BETWEEN STEAM TURBINE MANUFACTURER AND GENERATOR MANUFACTURER (Non-Judicial Stamp Paper of Appropriate Value) DEED OF JOINT UNDERTAKING EXECUTED BY BIDDER (WHO MEETS THE REQUIREMENTS OF CLAUSE NO. 2 a i Category - i) ALONGWITH THE ASSOCIATE (MANUFACTURER OF GENERATOR WHO MEETS THE REQUIREMENTS OF CLAUSE NO. 2aii ) FOR 2x660 MW SUPERCRITICAL THERMAL POWER PLANT OF JSW Energy (Raigarh) Ltd . This DEED OF UNDERTAKING executed this................... day of................. Two thousand ............... by M/s....................................................... a Company incorporated under.........................having its Registered office at.............................................. (hereinafter called the "Associate", which expression shall include its successors, administrators, executors and permitted assigns) and M/s ............................. a Company registered under ..................................... having its Registered Office at ............................................. (hereinafter called the "Bidder/ Contractor", which expression shall include its successors, administrators, executors and permitted assigns) in favour of JSW Energy (Raigarh) Ltd, incorporated under the Companies Act, 1956, having its Registered Office at (hereinafter called " JSW Energy (Raigarh) Ltd" or "Owner" which expression shall include its successors, administrators, executors and assigns). WHEREAS the Owner invited application for design, engineering, manufacture, supply, transportation to site, installation, testing, commissioning and conductance of guarantee tests for 2x660 MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd (hereinafter refer to as "Plant") WHEREAS Clause No. 2 , category I of the Bid qualifying requirements (BQR) documents stipulate that the Bidder who meets the requirements of Clause no. 2 a i shall associate with a Generator manufacturer who meets the requirements of Clause No. 2 a ii forming part of application documents and who shall also be the supplier of the Generator for this contract. WHEREAS M/s...................................................................... (Bidder) is submitting its application in response to the BQR by the Owner bearing no: ................. dtd................. for 2x660 MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd against the Owner's BQR documents. AND WHEREAS M/s...................................................... (Bidder) is meeting requirement as specified in Clause no. desires to associate with M/s.......................................................... (hereinafter referred to as Associate) who is a manufacturer of Generator who on his own fully meets the requirements of Clause No. 2aii of Section A3. who shall also be the supplier of the Generators for this contract, are required to jointly execute and furnish along with the application an irrevocable Deed of Joint Undertaking and be jointly and severally responsible and bound unto the Owner for successful performance of the Generators along with their auxiliaries for the 2x660MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd, fully meeting the guaranteed parameters and characteristics as per BQR Documents in the event their Bid is accepted by the Owner resulting in a Contract. NOW THEREFORE, THIS DEED WITNESSETH AS UNDER:
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 14 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

1.

That in consideration of the award of the contract by the Owner to the Contractor, we the Associate and the Contractor do hereby declare and undertake that we shall be jointly and severally responsible to the Owner for the execution and successful performance of the Steam Turbine Generators along with their auxiliaries as specified under the said contract to the satisfaction of the Owner. In case of any breach of the Contract committed by the Contractor, we the Associate do hereby undertake, declare and confirm that we shall be fully responsible for the successful performance of the Generators along with their auxiliaries, and undertake to carry out all obligations and responsibilities under this Deed of Joint Undertaking. Further, if the Owner sustains any loss or damage on account of any breach of the Contract related to any of the Generators along with their auxiliaries, we the Associate and the Contractor jointly and severally undertake to promptly indemnify and pay such losses/ damages caused to the Owner on its written demand without any demur, reservation, contest or protest in any manner whatsoever. This is without prejudice to any right of Owner against the Contractor under the Contract and all guarantees. Without prejudice to the joint and several obligations of the Contractor and the Associate hereunder, the analysis/ investigations of the non-performance of the equipment manufactured by the Contractor may initially be carried out by the Contractor within a period of 15 days from the date of reference of the problem by the Owner, before the Owner approaches the Associate for any such analysis/ investigation. It shall not however be necessary or obligatory for the Owner to first proceed against the Contractor before proceeding against the Associate (with respect to obligations and responsibilities of the Associate covered under this Deed of Joint Undertaking), nor any extension of time or any relaxation given by the Owner to the Contractor shall prejudice any right of Owner under this Deed of Joint Undertaking to proceed against the Associate and Contractor.

2.

3.

Without prejudice to the generality of the undertaking in para '1' above, the manner of achieving the objectives set forth in para '1' above shall be as follows: a) We, the Associate shall be fully responsible for complete engineering, preparation of all designs, design calculations and manufacturing drawings for all the Generators along with their auxiliaries so as to ensure satisfactory, reliable, safe and trouble free performance of Generators along with their auxiliaries as per guaranteed parameters specified in the Contract. b) We, the Associate shall provide all additional necessary technical assistance to the contractor for the portion of work to be performed by the contractor. Further, we, the Associate shall extend our quality surveillance/ supervision/ quality control to the Contractor during supply manufacture, erection, commissioning and performance testing, both at Contractor's works and/ or at Owner's project site. Without prejudice to the overall responsibilities of the Associate for successful commissioning and performance of the Generators along with their auxiliaries, the Associate shall depute its technical experts from time to time to the Contractor's works/ Owner's project site, as mutually agreed upon between the Owner and the Contractor in accordance with the stipulation of the Contracts. c) We, the Associate will supply equipment / components manufactured at our works or at our vendor's works as per requirements / schedule specified in the Contracts.

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 15

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

d) We, the Associate will be fully responsible for the quality of manufacture of all equipments/ main assemblies/ components for incorporation in the Steam Turbine Generators along with their auxiliaries e) The contractor shall erect, commission and carry out the guarantee tests of all the Generators along with their auxiliaries as per the contract in accordance with the Associate's advice, procedure and guidance. In case, there is any need to modify the design / drawings / procedure in certain areas, the Contractor shall seek specific approval of Associate before proceeding further. f) In the event any problem is encountered during erection, testing and commissioning or if the Contractor fails to demonstrate during the guarantee tests that the Generators along with their auxiliaries meet the guaranteed parameters and demonstration parameters as specified in the Contract, the Associate shall promptly provide all technical assistance / services / support to analyse and suggest corrective measures / modifications to the equipment / systems of all the Generators along with their auxiliaries directly to the Owner and the Contractor and Associate shall promptly carry out all corrective measures and modifications (as suggested by the Associate and agreed by the Owner) for each of their respective equipment / systems supplied by them at their own expense. Thereafter, the Contractor and the Associate shall demonstrate the successful performance meeting the guaranteed parameters and demonstration parameters. 4. We, the Contractor and the Associate do hereby undertake and confirm that this Deed of Joint Undertaking shall be initially valid till sixty (60) days after the scheduled end of defect liability period of the last steam Turbine generator and its auxiliaries covered under this Deed of Joint Undertaking. In case of delay in completion of the defect liability period, the validity of this Deed of Joint Undertaking shall be extended by such period of delay. However, this Deed of Joint Undertaking shall terminate at the latest 24 months from the scheduled end of defect liability period of the last steam Turbine generator and its auxiliaries under the Contract. We, the Contractor and the Associate do further undertake and confirm that this Deed of Joint Undertaking shall be irrevocable and shall not be revoked till its validity. We further agree that this Deed of Joint Undertaking shall be without any prejudice to the various liabilities of the Contractor including Performance Guarantee as well as other obligations of the Contractor in terms of the Contract. In case of award, in addition to the Performance Guarantee to be furnished by the Contractor, the Associate shall furnish as security an on demand Performance Bank Guarantee in favour of the Owner as per provisions of the bidding documents. The value of such Bank Guarantee shall be equal to one (1) percent of the total Contract Price for the whole plant of award by the Owner to the Contractor and it shall be guarantee towards the faithful performance / compliance of this Deed of Joint Undertaking in accordance with the terms and conditions specified herein. The bank guarantee shall be unconditional, irrevocable and initially valid till sixty (60) days beyond the scheduled end of defect liability period of the last steam Turbine generator and its auxiliaries covered under the Contract. In case of delay in completion of the defect liability period, the validity of this Bank Guarantee shall be extended by such period of delay. However, this bank guarantee shall terminate at the latest 26 months from the scheduled end of defect liability period of the last steam Turbine generator and its auxiliaries under the Contract. The guarantee amount shall be promptly paid to the Owner on demand without any demur, reservation, protest or contest. Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled as per the arbitration procedure/ rules mentioned in the Contract Documents. This Deed of
Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 16 Date of Issue May-2010

5)

6.

Document Number LII-GEOE10021-G-0000-TS-001

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Joint Undertaking shall be construed and interpreted in accordance with the Laws of India and the Courts of Maharashtra. shall alone have exclusive jurisdiction. 7. We, the Associate and the Contractor agree that this Deed of Joint Under-taking shall form an integral part of the Contracts for this package. We further agree that this Deed of Joint Undertaking shall continue to be enforceable till its validity. 8. That this Deed of joint undertaking shall be operative from the effective date of the Contract. IN WITNESS WHEREOF, the Associate and the Contractor through their authorised representatives have executed these presents and affixed common seal of their respective companies on the day, month and year first mentioned above. For M/s ................................ (Associate) WITNESS : 1. ............................. ................................................ (Signature of the Authorised Representative) Name..................................... Designation............................ Common Seal of the Company ............................. For M/s............... (Contractor) WITNESS : 1. ..................................... ................................................ (Signature of the Authorised Representative) ...................................... Name ................................... (Official Address) Designation............................ Common Seal oft he company................................

......................... (Official Address)

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 17

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Annexure-IV FORMAT FOR DEED OF JOINT UNDERTAKING BETWEEN BIDDER AND COLLABORATOR/LICENSOR FOR BOILER MANUFACTURE (Non-Judicial Stamp Paper of Appropriate Value) DEED OF JOINT UNDERTAKING EXECUTED BY BIDDER (WHO MEETS THE REQUIREMENTS OF CLAUSE NO. 2bii OF SECTION A3) ALONGWITH THE ASSOCIATE (COLLABORATOR/LICENSOR OF BOILER WHO MEETS THE REQUIREMENT OF CLAUSE NO. 2 a iii OF SECTION A3) FOR 2x660MW SUPERCRITICAL THERMAL POWER PLANT OF JSW Energy (Raigarh) Ltd. This DEED OF UNDERTAKING executed this................... day of ................. Two thousand ............... by M/s....................................................... a Company incorporated under.........................having its Registered office at .............................................. (hereinafter called the "Associate", which expression shall include its successors, administrators, executors and permitted assigns) and M/s ............................. a Company registered under ..................................... having its Registered Office at ............................................. (hereinafter called the "Bidder/ Contractor", which expression shall include its successors, administrators, executors and permitted assigns) in favour of JSW Energy (Raigarh) Ltdincorporated under the Companies Act, 1956, having its Registered Office at (hereinafter called "JSW Energy (Raigarh) Ltd" or "Owner" which expression shall include its successors, administrators, executors and assigns). WHEREAS the Owner invited application for design, engineering, manufacture, supply, transportation to site, installation, testing, commissioning and conductance of guarantee tests for 2x660 MW JSW Energy (Raigarh) Ltd (hereinafter refer to as "Plant") vide its BQR document. WHEREAS Clause No. 2 b, Category-II of Section A3 of the BQR documents stipulate that the Bidder who is a licensee shall associate with a Boiler manufacturer (Original Equipment Manufacturer) who meets the requirements of Clause No. 2 a iii of Section A3 forming part of Bid documents and who shall also be the Collaborator/Licensor for the manufacture of the Boiler for this contract. WHEREAS M/s ......................................................................(Bidder) is submitting its application in response to the Bid by the Owner bearing no: ................. dtd ................. for 2x660MW supercritical thermal power plant of JSW Energy (Raigarh) Ltdagainst the Owner's Bid documents. AND WHEREAS M/s...................................................... (Bidder) is meeting requirement as specified in Clause no. of Section A3 desires to associate with M/s .......................................................... (hereinafter referred to as Associate) who is a manufacturer of Boiler (OEM) who on his own fully meets the requirements of Clause No. 2 a iii of Section A3. who shall also be the Collaborator/Licensor for the manufacture of the Boiler for this contract, are required to jointly execute and furnish along with the application an irrevocable Deed of Joint Undertaking and be jointly and severally responsible and bound unto the Owner for successful performance of the Boilers along with their auxiliaries for the 2x660 MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd, fully meeting the guaranteed parameters and characteristics as per BQR Documents in the event their Bid is accepted by the Owner resulting in a Contract. NOW THEREFORE, THIS DEED WITNESSETH AS UNDER:
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 18 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

1.

That in consideration of the award of the contract by the Owner to the Contractor, we the Associate and the Contractor do hereby declare and undertake that we shall be jointly and severally responsible to the Owner for the execution and successful performance of the Boilers along with their auxiliaries as specified under the said contract to the satisfaction of the Owner. In case of any breach of the Contract committed by the Contractor, we the Associate do hereby undertake, declare and confirm that we shall be fully responsible for the successful performance of the Boilers along with their auxiliaries, and undertake to carry out all obligations and responsibilities under this Deed of Joint Undertaking. Further, if the Owner sustains any loss or damage on account of any breach of the Contract related to any of the Boilers along with their auxiliaries, we the Associate and the Contractor jointly and severally undertake to promptly indemnify and pay such losses / damages caused to the Owner on His written demand without any demur, reservation, contest or protest in any manner whatsoever. This is without prejudice to any right of Owner against the Contractor under the Contract and all guarantees. Without prejudice to the joint and several obligations of the Contractor and the Associate hereunder, the analysis / investigations of the non-performance of the equipment manufactured by the Contractor may initially be carried out by the Contractor within a period of 15 days from the date of reference of the problem by the Owner, before the Owner approaches the Associate for any such analysis / investigation. It shall not however be necessary or obligatory for the Owner to first proceed against the Contractor before proceeding against the Associate (with respect to obligations and responsibilities of the Associate covered under this Deed of Joint Undertaking), nor any extension of time or any relaxation given by the Owner to the Contractor shall prejudice any right of Owner under this Deed of Joint Undertaking to proceed against the Associate and Contractor.

2.

3.

Without prejudice to the generality of the undertaking in para '1' above, the manner of achieving the objectives set forth in para '1' above shall be as follows: a) We, the Associate shall be fully responsible for complete engineering, preparation of all designs, design calculations and manufacturing drawings for all the Boilers along with their auxiliaries so as to ensure satisfactory, reliable, safe and trouble free performance of Boilers along with their auxiliaries as per guaranteed parameters specified in the Contract. b) We, the Associate shall provide all additional necessary technical assistance to the contractor for the portion of work to be performed by the contractor. Further, we, the Associate shall extend our quality surveillance / supervision / quality control to the Contractor during supply manufacture, erection, commissioning and performance testing, both at Contractor's works and/ or at Owner's project site. Without prejudice to the overall responsibilities of the Associate for successful commissioning and performance of the Boilers along with their auxiliaries, the Associate shall depute its technical experts from time to time to the Contractor's works/ Owner's project site, as mutually agreed upon between the Owner and the Contractor in accordance with the stipulation of the Contracts. c) We, the Associate will be fully responsible for the quality of manufacture of all equipments/ main assemblies/ components for incorporation in the Boilers along with their auxiliaries

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 19

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

d) The contractor shall erect, commission and carry out the guarantee tests of all the Boilers along with their auxiliaries as per the contract in accordance with the Associate's advice, procedure and guidance. In case, there is any need to modify the design/ drawings/ procedure in certain areas, the Contractor shall seek specific approval of Associate before proceeding further. e) In the event any problem is encountered during erection, testing and commissioning or if the Contractor fails to demonstrate during the guarantee tests that the Boilers along with their auxiliaries meet the guaranteed parameters and demonstration parameters as specified in the Contract, the Associate shall promptly provide all technical assistance/ services/ support to analyse and suggest corrective measures/ modifications to the equipments/ systems of all the Boilers along with their auxiliaries directly to the Owner and the Contractor and Associate shall promptly carry out all corrective measures and modifications (as suggested by the Associate and agreed by the Owner) for each of their respective equipment/ systems supplied by them at their own expense. Thereafter, the Contractor and the Associate shall demonstrate the successful performance meeting the guaranteed parameters and demonstration parameters. 4. We, the Contractor and the Associate do hereby undertake and confirm that this Deed of Joint Undertaking shall be initially valid till sixty (60) days after the scheduled end of defect liability period of the last Boiler and its auxiliaries covered under this Deed of Joint Undertaking. In case of delay in completion of the defect liability period, the validity of this Deed of Joint Undertaking shall be extended by such period of delay. However, this Deed of Joint Undertaking shall terminate at the latest 24 months from the scheduled end of defect liability period of the last Boiler and its auxiliaries under the Contract. We, the Contractor and the Associate do further undertake and confirm that this Deed of Joint Undertaking shall be irrevocable and shall not be revoked till its validity. We further agree that this Deed of Joint Undertaking shall be without any prejudice to the various liabilities of the Contractor including Performance Guarantee as well as other obligations of the Contractor in terms of the Contract. In case of award, in addition to the Performance Guarantee to be furnished by the Contractor, the Associate shall furnish as security an on demand Performance Bank Guarantee in favour of the Owner as per provisions of the bidding documents. The value of such Bank Guarantee shall be equal to three percent (3%) of the total Contract Price for the whole plant of award by the Owner to the Contractor and it shall be guarantee towards the faithful performance/ compliance of this Deed of Joint Undertaking in accordance with the terms and conditions specified herein. The bank guarantee shall be unconditional, irrevocable and initially valid till sixty (60) days beyond the scheduled end of defect liability period of the last Boiler and its auxiliaries covered under the Contract. In case of delay in completion of the defect liability period, the validity of this Bank Guarantee shall be extended by such period of delay. However, this bank guarantee shall terminate at the latest 26 months from the scheduled end of defect liability period of the last Boiler and its auxiliaries under the Contract. The guarantee amount shall be promptly paid to the Owner on demand without any demur, reservation, protest or contest. Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled as per the arbitration procedure/ rules mentioned in the Contract Documents. This Deed of Joint Undertaking shall be construed and interpreted in accordance with the Laws of India and the Courts of Mumbai shall alone have exclusive jurisdiction.
Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 20 Date of Issue May-2010

5)

6.

Document Number LII-GEOE10021-G-0000-TS-001

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

7.

We, the Associate and the Contractor agree that this Deed of Joint Under-taking shall form an integral part of the Contracts for this package. We further agree that this Deed of Joint Undertaking shall continue to be enforceable till its validity. That this Deed of joint undertaking shall be operative from the effective date of the Contract. IN WITNESS WHEREOF, the Associate and the Contractor through their authorised representatives have executed these presents and affixed common seal of their respective companies on the day, month and year first mentioned above.

8.

For M/s ................................ (Associate) WITNESS : 1. ............................. ................................................ (Signature of the Authorised Representative) Name..................................... Designation............................ Common Seal of the Company ............................. For M/s............... (Contractor)

......................... (Official Address)

WITNESS : 1. ..................................... ................................................ (Signature of the Authorised Representative) Name ................................... Designation............................ Common Seal of the Company................................

...................................... (Official Address)

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 21

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Annexure V FORMAT FOR DEED OF JOINT UNDERTAKING BETWEEN BIDDER AND COLLABORATOR/LICENSOR FOR STEAM TURBINE AND GENERATOR MANUFACTURE (Non-Judicial Stamp Paper of Appropriate Value) DEED OF JOINT UNDERTAKING EXECUTED BY BIDDER (WHO MEETS THE REQUIREMENTS OF CLAUSE NO. 2 bi OF SECTION A3) ALONGWITH THE ASSOCIATE (COLLABORATOR/LICENSOR OF STEAM TURBINE AND GENERATOR WHO MEETS THE REQUIREMENT OF CLAUSE NO. 2 ai or 2aii OF SECTION A3) FOR 2x660 MW SUPERCRITICAL THERMAL POWER PLANT OF JSW Energy (Raigarh) Ltd.

This DEED OF UNDERTAKING executed this................... day of ................. Two thousand ............... by M/s....................................................... a Company incorporated under.........................having its Registered office at .............................................. (hereinafter called the "Associate", which expression shall include its successors, administrators, executors and permitted assigns) and M/s ............................. a Company registered under ..................................... having its Registered Office at ............................................. (hereinafter called the "Bidder/ Contractor", which expression shall include its successors, administrators, executors and permitted assigns) in favour of JSW Energy (Raigarh) Ltd, incorporated under the Companies Act, 1956, having its Registered Office at , (hereinafter called "JSW Energy (Raigarh) Ltd" or "Owner" which expression shall include its successors, administrators, executors and assigns). WHEREAS the Owner invited application for design, engineering, manufacture, supply, transportation to site, installation, testing, commissioning and conductance of guarantee tests for 2x660MW JSW Energy (Raigarh) Ltd (hereinafter refer to as "Plant") vide its BQR document . WHEREAS Clause No. 2 Category II of Section A3 of the BQR documents stipulate that the Bidder who is a licensee shall associate with a Steam Turbine & Generator manufacturer who meets the requirements of Clause No. 2 ai or 2aii of Section A3 forming part of application documents and who shall also be the Collaborator/Licensor for the manufacture of the Steam Turbine & Generator for this contract. WHEREAS M/s ......................................................................(Bidder) is submitting its application in response to the Bid by the Owner bearing no: ................. dtd ................. for 2x660MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd against the owner's BQR documents. AND WHEREAS M/s...................................................... (Bidder) is meeting requirement as specified in Clause no.. of Section A3 desires to associate with M/s .......................................................... (hereinafter referred to as Associate) who is a manufacturer of Steam Turbine & Generator (OEM) who on his own fully meets the requirements of Clause No. 2 a i or 2aii of Section A3 who shall also be the Collaborator/Licensor for the manufacture of the Steam Turbine & Generator for this contract, are required to jointly execute and furnish along with the Bid an irrevocable Deed of Joint Undertaking and be jointly and severally responsible and bound unto the Owner for successful performance of the Steam Turbine & Generators along with their auxiliaries for the 2x660MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd, fully meeting the guaranteed parameters and characteristics as per BQR Documents in the event their Bid is accepted by the Owner resulting in a Contract.
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 22 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

NOW THEREFORE, THIS DEED WITNESSETH AS UNDER: 1. That in consideration of the award of the contract by the Owner to the Contractor, we the Associate and the Contractor do hereby declare and undertake that we shall be jointly and severally responsible to the Owner for the execution and successful performance of the Steam Turbine & Generators along with their auxiliaries as specified under the said contract to the satisfaction of the Owner. In case of any breach of the Contract committed by the Contractor, we the Associate do hereby undertake, declare and confirm that we shall be fully responsible for the successful performance of the Steam Turbine & Generators along with their auxiliaries, and undertake to carry out all obligations and responsibilities under this Deed of Joint Undertaking. Further, if the Owner sustains any loss or damage on account of any breach of the Contract related to any of the Steam Turbine & Generators along with their auxiliaries, we the Associate and the Contractor jointly and severally undertake to promptly indemnify and pay such losses/ damages caused to the Owner on his written demand without any demur, reservation, contest or protest in any manner whatsoever. This is without prejudice to any right of Owner against the Contractor under the Contract and all guarantees. Without prejudice to the joint and several obligations of the Contractor and the Associate hereunder, the analysis/ investigations of the non-performance of the equipment manufactured by the Contractor may initially be carried out by the Contractor within a period of 15 days from the date of reference of the problem by the Owner, before the Owner approaches the Associate for any such analysis/ investigation. It shall not however be necessary or obligatory for the Owner to first proceed against the Contractor before proceeding against the Associate (with respect to obligations and responsibilities of the Associate covered under this Deed of Joint Undertaking), nor any extension of time or any relaxation given by the Owner to the Contractor shall prejudice any right of Owner under this Deed of Joint Undertaking to proceed against the Associate and Contractor. 3. Without prejudice to the generality of the undertaking in para '1' above, the manner of achieving the objectives set forth in para '1' above shall be as follows : a) We, the Associate shall be fully responsible for complete engineering, preparation of all designs, design calculations and manufacturing drawings for all the Steam Turbine & Generators along with their auxiliaries so as to ensure satisfactory, reliable, safe and trouble free performance of Steam Turbine & Generators along with their auxiliaries as per guaranteed parameters specified in the Contract. b) We, the Associate shall provide all additional necessary technical assistance to the contractor for the portion of work to be performed by the contractor. Further, we, the Associate shall extend our quality surveillance/ supervision/ quality control to the Contractor during supply manufacture, erection, commissioning and performance testing, both at Contractor's works and/ or at Owner's project site. Without prejudice to the overall responsibilities of the Associate for successful commissioning and performance of the Steam Turbine & Generators along with their auxiliaries, the Associate shall depute its technical experts from time to time to the Contractor's works/ Owner's project site, as mutually agreed upon between the Owner and the Contractor in accordance with the stipulation of the Contracts.

2.

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 23

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

c) We, the Associate will be fully responsible for the quality of manufacture of all equipments/ main assemblies/ components for incorporation in the Steam Turbine & Generators along with their auxiliaries d) The contractor shall erect, commission and carry out the guarantee tests of all the Steam Turbine & Generators along with their auxiliaries as per the contract in accordance with the Associate's advice, procedure and guidance. In case, there is any need to modify the design/ drawings/ procedure in certain areas, the Contractor shall seek specific approval of Associate before proceeding further. e) In the event any problem is encountered during erection, testing and commissioning or if the Contractor fails to demonstrate during the guarantee tests that the Steam Turbine & Generators along with their auxiliaries meet the guaranteed parameters and demonstration parameters as specified in the Contract, the Associate shall promptly provide all technical assistance/ services/ support to analyse and suggest corrective measures/ modifications to the equipments/ systems of all the Steam Turbine & Generators along with their auxiliaries directly to the Owner and the Contractor and Associate shall promptly carry out all corrective measures and modifications (as suggested by the Associate and agreed by the Owner) for each of their respective equipment/ systems supplied by them at their own expense. Thereafter, the Contractor and the Associate shall demonstrate the successful performance meeting the guaranteed parameters and demonstration parameters. 4. We, the Contractor and the Associate do hereby undertake and confirm that this Deed of Joint Undertaking shall be initially valid till sixty (60) days after the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries covered under this Deed of Joint Undertaking. In case of delay in completion of the defect liability period, the validity of this Deed of Joint Undertaking shall be extended by such period of delay. However, this Deed of Joint Undertaking shall terminate at the latest 24 months from the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries under the Contract. We, the Contractor and the Associate do further undertake and confirm that this Deed of Joint Undertaking shall be irrevocable and shall not be revoked till its validity. We further agree that this Deed of Joint Undertaking shall be without any prejudice to the various liabilities of the Contractor including Performance Guarantee as well as other obligations of the Contractor in terms of the Contract. In case of award, in addition to the Performance Guarantee to be furnished by the Contractor, the Associate shall furnish as security an on demand Performance Bank Guarantee in favour of the Owner as per provisions of the bidding documents. The value of such Bank Guarantee shall be equal to three percent (3%) of the total Contract Price for the whole plant of award by the Owner to the Contractor and it shall be guarantee towards the faithful performance/ compliance of this Deed of Joint Undertaking in accordance with the terms and conditions specified herein. The bank guarantee shall be unconditional, irrevocable and initially valid till sixty (60) days beyond the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries covered under the Contract. In case of delay in completion of the defect liability period, the validity of this Bank Guarantee shall be extended by such period of delay. However, this bank guarantee shall terminate at the latest 26 months from the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries under the Contract. The guarantee amount shall be promptly paid to the Owner on demand without any demur, reservation, protest or contest.

5)

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 24

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

6.

Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled as per the arbitration procedure/ rules mentioned in the Contract Documents. This Deed of Joint Undertaking shall be construed and interpreted in accordance with the Laws of India and the Courts of Maharashtra shall have exclusive jurisdiction. We, the Associate and the Contractor agree that this Deed of Joint Under-taking shall form an integral part of the Contracts for this package. We further agree that this Deed of Joint Undertaking shall continue to be enforceable till its validity. 8. That this Deed of joint undertaking shall be operative from the effective date of the Contract. IN WITNESS WHEREOF, the Associate and the Contractor through their authorised representatives, have executed these presents and affixed common seal of their respective companies on the day, month and year first mentioned above. For M/s ................................ (Associate)

7.

WITNESS : 1. .............................

......................... (Official Address)

................................................ (Signature of the Authorised Representative) Name..................................... Designation............................ Common Seal of the Company ............................. For M/s............... (Contractor)

WITNESS : 1. ..................................... ................................................ (Signature of the Authorised Representative) Name ................................... Designation............................ Common Seal of the Company................................

...................................... (Official Address)

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 25

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Annexure-VI FORMAT for (To be furnished on stamp paper of adequate value in accordance with Stamp Act) JOINT VENTURE/CONSORTIUM AGREEMENT FOR JOINT VENTURE/CONSORTIUM AGREEMENT BETWEEN JV COMPANY AND JV PARTNER BOILER MANUFACTURER or LICENSEE / JV COMPANY AND JV PARTNER STG MANUFACTURER or LICENSEE FOR THE MAINPLANT EQUIPMENT FOR 2x660 MW SUPERCRITICAL THERMAL POWER PLANT OF JSW Energy (Raigarh) Ltd AS PER SPECIFICATION NO. .

This agreement made this..... day of ........., between .............. (herein after referred to as .. which expression shall include its successors and permitted assigns), having its Registered Office at of the first part AND ....... (hereinafter referred to as which expression shall include its successors and permitted assigns) having its Registered Office at . of the second part AND (hereinafter referred to as which expression shall include its successors and permitted assigns) having its Registered Office at . of the third part WHEREAS ...........................are in the business of .......................................... AND WHEREAS JSW Energy (Raigarh) Ltd herein referred to as Owner have invited bids for design, Engineering , supply, installation, testing and commissioning of Main plant equipment ie. Boiler and/ or steam turbine & generator and auxiliaries/ systems for 2x660MW Thermal power plant, near (herein after referred to as PROJECT) AND WHEREAS ........ , ........ and ...................... (herein after individually referred to as Party and jointly as Parties) desire to enter into a Joint Venture/Consortium Agreement (herein after referred to as Agreement) to bid for the PROJECT and if the bid is accepted by Owner to execute the PROJECT on terms & conditions jointly agreed with the Owner. NOW THE PARTIES AGREE AS FOLLOWS : 1. PROJECT SCOPE OF WORK

The Project scope of work and terms & conditions will be as per specification No. and deviations / clarifications incorporated in the Parties bid and accepted by the Owner. 2. The Parties will bid for the Project and following basis :
Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 26 Date of Issue May-2010

Document Number LII-GEOE10021-G-0000-TS-001

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

...................... shall be the JV/Consortium Leader. The division of work between the Parties shall generally listed. ( to be attached by JV/Consortium) . The bid will be predicated on the premise that in the event the bid is accepted by the Owner, they shall award the Contract to Consortium of .........., .......... and ...................... The Parties shall fully co-operate with each other to fulfil their respective obligations with respect to the said Project during the term of this Agreement. 4. This Agreement shall in no way be considered by the Parties to constitute an entity having independent legal personality whatsoever. The Parties except as provided herein, shall act as independent Contractors and their mutual relations shall in no way be construed to be that of principal and agent. Nothing shall in this Agreement entitle any of the Parties to pledge the credit of or incur any liabilities or obligations binding upon the other Party, except in so far as may have been expressly agreed to in writing. 5. The JV/Consortium Leader shall prepare the bid to be submitted to the Owner on the due date and time with diligent support from ............. and ............ . All the Parties shall base their prices on terms & conditions as per the specification No. . Bid bond, if any shall be furnished by the JV/Consortium Leader at its cost. , ..... , ........ and ........ shall be responsible for the respective cost incurred in preparing the bid and all the costs incurred in attempting to obtain the Contract, including costs incurred during negotiations. In case of award , each promoter company shall be required to furnish separate on demand bank guarantee for an amount equal to 1(one) percent of the total contract price in addition to the contract performance security to be furnished by the bidder. 6. , . and shall jointly sign the bid on behalf of the JV/Consortium. 7. Negotiations with the Owner will be conducted jointly by , ....... and .. in consultation with each other. 8. In the event the bid is successful:

All Parties will interface with each other for day to day project management. JV/Consortium Leader will keep the Owner fully informed on a continuous basis with the progress of the work. (b) All Parties participate in periodic project review meetings with Owner.

(c) JV/Consortium Leader, is authorised to incur liabilities and receive instructions for and on behalf of any and all the parties and the entire execution of contract including payment shall be done exclusively with JV/Consortium Leader. (d) JV/Consortium Leader shall correspond directly with the owner with regard to all matters in connection with the execution of the Project. (e) JV/Consortium Leader will be responsible for the management during entire duration of Contract and for any co-ordination with local governmental / statutory authorities as related to the execution of the Contract excepting such obligations which are to be carried out each Party separately.

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 27

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

All parties shall provide, without recourse to the other, all financing, personnel and resources of any kind whatsoever, which are required for the proper execution and completion of contract scope of work. (g) Subject to any relevant provisions in the Contract, each party shall be entitled to subcontract any part of its scope of work subject to the requirements of the specification No. . No Party shall however, by reason of such subcontract, be relieved from its obligations and responsibilities under this agreement and each party shall be individually responsible for any acts and omissions (whether negligent or not) of the subcontractor and his agents, employee as fully as if they were the acts or omissions of the Partys own employees or agents. (h) Each Party shall adhere to any time schedule agreed to by the Parties for the completion of the scope of work and shall, throughout the term of this Agreement, co-operate with the Consortium Leader to avoid any delays in completion of the Project. 9. Responsibilities and Liabilities

(a) The Parties agree that they shall be jointly and severally bound by the terms and conditions of the contract and none of the parties shall vary, or seek to vary the same, without prior written consent of the other Parties and Owner. (b) The Parties agree that notwithstanding any terms and conditions which may be contained in the contract relating to the joint and several nature of their liabilities to Owner in relation to the Project, they shall each bear the several responsibilities and liabilities imposed on them in terms of this Agreement. (c) The parties shall be responsible for executing the scope of work in accordance with the Contract, In executing the scope, each party shall ensure that all the Plant, Equipment used by it and the design thereof, is fit for the purpose for which it is required and the work undertaken by that Party is executed in good workman like manner. 10. Disputes and Arbitration

If a dispute arises among the Parties, all the parties shall continue performance of its obligations under the Contract and shall avoid any action which might hinder the proper performance of the Parties obligations under the Contract. All parties shall sincerely endeavour to resolve the dispute amicably by discussions. If however, the dispute cannot be resolved within 30 days of receipt of notice given by any party to the other party, such dispute shall be finally settled at the request of any Party, under the Rules of Indian Arbitration Act, by three arbitrators, appointed in accordance with said rules by the IAC Court of Arbitration. The Arbitrators decision will be binding on both parties. The venue of Arbitration shall be Mumbai, Maharashtra, the courts at Mumbai alone shall have the exclusive jurisdiction to hear matters pertaining to the arbitration or any matter related thereto

11.

Language

The English language shall be the official language to be used under this Agreement and shall be used by the Parties in all communications, notices, statements and any technical or commercial documentation to be prepared and presented under this Agreement.
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 28 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

12.

Amendments

This Agreement shall not be amended or modified in anyway, other than by an agreement in writing, executed by the duly authorised representatives of the Parties. In any case, the joint and several liability of the Parties under the Contract remains unchanged. 13. Governing Law and Jurisdiction

The Agreement shall in all respects, be construed and interpreted in accordance with the laws of India. Only the Court of competent jurisdiction in India shall have jurisdiction over any cause of action arising under this Agreement. 14. Exchange of Information

All parties shall exchange with the other parties, information, which may be reasonably required to effect the smooth execution of this Agreement. Such information may include, but not be limited to, an advance plan relating to the programme of the Project , progress of the Project and other data and information relevant for the scope of work of the other Party.

15.

Exclusivity

......, ....... and ....... will work exclusively with each other and shall not participate with any other entity in attempting to obtain the Project.

16.

Other Terms and Conditions

The terms and conditions applicable to each Party for bidding and execution of the Project (in the event of an award), are as under: The Liquidated Damages for Delay if levied, shall be paid up by the Consortium Leader. All the Parties shall be responsible for attending to the equipment supplied under the Contract in case any damage / deficiency occurs during the Guarantee / Warranty period. However, the Parties may, with mutual consent, agree to share the work with a view to reduce the overall cost of repair / replacement of the damaged / deficient part. All parties shall be liable to the other for any direct, indirect, special, incidental or consequential loss or damage. (d) No Party shall have the right to assign, or, in any way transfer any of its rights or obligations under this Agreement, without the written consent of the other Parties and owner.

17.

Validity of this Agreement

This Agreement shall remain valid till the expiry of the Guarantee/ Warranty Period of the identified PROJECT (in case of award to the Parties) or till the earliest occurrence of any one of the following events:
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 29 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

(a) (b) (c) (d)

Date of award of the Project to some other party. Date when the owner decides not to progress any further with the Project. Date when both the Parties confirm that the proposal has been finally rejected by the Owner. If any Party becomes bankrupt or insolvent, or makes an assignment for the general benefit of its creditors, or is unable to pay its debts as they become due or has a trustee, liquidator, receiver or a receiver appointed to its or any part thereof, or commits an act of bankruptcy. If the Parties fail to submit their proposal by the final date of bid submission, for any reasons whatsoever. Communication

(e)

18.

All correspondences, notices and communications required or permitted to be given under this Agreement or the Contract to any Party, shall be sent to Consortium Leader at the following address. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF .. and . have caused this Agreement to be duly executed in .......... on the date fist mentioned, as evidenced by the signature of their authorised representatives. Agreed and accepted For and on behalf of Agreed and accepted For and on behalf of Agreed and accepted For and on behalf of

_________________ _______________ _______________ Name (s) Name (s) Name(s)

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 30

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

Annexure-VII FORM for DEED OF JOINT UNDERTAKING BY JOINT VENTURE COMPANY (Non-Judicial Stamp Paper of Appropriate Value) DEED OF JOINT UNDERTAKING EXECUTED BY BIDDER JOINT VENTURE COMPANY (WHO MEETS THE REQUIREMENTS OF CLAUSE NO. 2 b iii OF SECTION A3) ALONGWITH JV COMPANY AND JV PARTNER BOILER MANUFACTURER or LICENSEE / JV COMPANY AND JV PARTNER STG MANUFACTURER or LICENSEE OF SECTION A3) FOR 2x660 MW SUPERCRITICAL THERMAL POWER PLANT OF JSW Energy (Raigarh) Ltd.

This DEED OF UNDERTAKING executed this................... day of ................. Two thousand ............... by .............. (herein after referred to as .. which expression shall include its successors and permitted assigns), having its Registered Office at of the first part AND ....... (hereinafter referred to as which expression shall include its successors and permitted assigns) having its Registered Office at . of the second part AND (hereinafter referred to as which expression shall include its successors and permitted assigns) having its Registered Office at . of the third part (hereinafter called the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE/Bidder/ Contractor", which expression shall include its successors, administrators, executors and permitted assigns) in favour of JSW Energy (Raigarh) Ltd, incorporated under the Companies Act, 1956, having its Registered Office at , (hereinafter called "JSW Energy (Raigarh) Ltd" or "Owner" which expression shall include its successors, administrators, executors and assigns). WHEREAS the Owner invited application for design, engineering, manufacture, supply, transportation to site, installation, testing, commissioning and conductance of guarantee tests for 2x660 MW JSW Energy (Raigarh) Ltd (hereinafter refer to as "Plant") vide its BQR document . WHEREAS Clause No. 2 Category II of Section A3 of the BQR documents stipulate that the Bidder who is a licensee shall associate with a Steam Turbine & Generator manufacturer who meets the requirements of Clause No. 2 b iii of Section A3 forming part of application documents and who shall also be the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE for the manufacture of the Steam Turbine & Generator for this contract. WHEREAS M/s ...................................................................... (Bidder) is submitting its application in response to the Bid by the Owner bearing no: ................. dtd ................. for 2x660MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd against the owner's BQR documents.

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 31

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

AND WHEREAS M/s...................................................... (Bidder) is meeting requirement as specified in Clause no.2 .. of Section A3 Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE who shall also be the Collaborator/Licensor for the manufacture of the Steam Turbine & Generator for this contract, are required to jointly execute and furnish along with the Bid an irrevocable Deed of Joint Undertaking and be jointly and severally responsible and bound unto the Owner for successful performance of the Steam Turbine & Generators along with their auxiliaries for the 2x660MW supercritical thermal power plant of JSW Energy (Raigarh) Ltd, fully meeting the guaranteed parameters and characteristics as per BQR Documents in the event their Bid is accepted by the Owner resulting in a Contract. NOW THEREFORE, THIS DEED WITNESSETH AS UNDER: 1. That in consideration of the award of the contract by the Owner to the Contractor, we the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE do hereby declare and undertake that we shall be jointly and severally responsible to the Owner for the execution and successful performance of the Steam Turbine & Generators along with their auxiliaries as specified under the said contract to the satisfaction of the Owner. In case of any breach of the Contract committed by any Party to Consortium, we do hereby undertake, declare and confirm that we shall be fully responsible for the successful performance of the Steam Turbine & Generators along with their auxiliaries, and undertake to carry out all obligations and responsibilities under this Deed of Joint Undertaking. Further, if the Owner sustains any loss or damage on account of any breach of the Contract related to any of the Steam Turbine & Generators along with their auxiliaries, we Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE jointly and severally undertake to promptly indemnify and pay such losses/ damages caused to the Owner on his written demand without any demur, reservation, contest or protest in any manner whatsoever. This is without prejudice to any right of Owner against the Joint Venture Company or its Consortium Leader/Bidder/Contractor under the Contract and all guarantees. Without prejudice to the joint and several obligations of the Joint Venture Company/Joint Venture Partner/BOILER or STG Manufacturers the analysis/ investigations of the nonperformance of the equipment manufactured by the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE may initially be carried out by the Consortium Leader within a period of 15 days from the date of reference of the problem by the Owner, before the Owner approaches the Consortium Members for any such analysis/ investigation. It shall not however be necessary or obligatory for the Owner to first proceed against the Consortium Leader before proceeding against the Joint Venture Company or BOILER or STG Manufacturer (with respect to obligations and responsibilities of the covered under this Deed of Joint Undertaking), nor any extension of time or any relaxation given by the Owner to the Consortium Leader shall prejudice any right of Owner under this Deed of Joint Undertaking to proceed against other Consortium Members or JV Partner/Manufacturer. 3. Without prejudice to the generality of the undertaking in para '1' above, the manner of achieving the objectives set forth in para '1' above shall be as follows : a) We, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE shall be fully responsible for complete
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 32 Date of Issue May-2010

2.

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

engineering, preparation of all designs, design calculations and manufacturing drawings for all the Steam Turbine & Generators along with their auxiliaries so as to ensure satisfactory, reliable, safe and trouble free performance of Steam Turbine & Generators along with their auxiliaries as per guaranteed parameters specified in the Contract. b) We, the BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE shall provide all additional necessary technical assistance to the members of the Consortium for the portion of work to be performed by the Consortium Members. Further, we, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG Manufacturer or LICENSEE shall extend our quality surveillance/ supervision/ quality control to the Contractor during supply manufacture, erection, commissioning and performance testing, both at Contractor's works and/ or at Owner's project site. Without prejudice to the overall responsibilities of the Consortium Members for successful commissioning and performance of the Steam Turbine & Generators along with their auxiliaries, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE whoever responsible shall depute its technical experts from time to time to the Contractor's works/ Owner's project site, as mutually agreed upon between the Owner and the Joint Venture Company in accordance with the stipulation of the Contracts. c) We, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE will be fully responsible for the quality of manufacture of all equipments/ main assemblies/ components for incorporation in the Steam Turbine & Generators along with their auxiliaries d) The Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE shall erect, commission and carry out the guarantee tests of all the Steam Turbine & Generators along with their auxiliaries as per the contract in accordance with the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE 's advice, procedure and guidance. In case, there is any need to modify the design/ drawings/ procedure in certain areas, the Consortium Leader shall seek specific approval of Consortium Members before proceeding further. e) In the event any problem is encountered during erection, testing and commissioning or if the Contractor fails to demonstrate during the guarantee tests that the Steam Turbine & Generators along with their auxiliaries meet the guaranteed parameters and demonstration parameters as specified in the Contract, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE shall promptly provide all technical assistance/ services/ support to analyse and suggest corrective measures/ modifications to the equipments/ systems of all the Steam Turbine & Generators along with their auxiliaries directly to the Owner and the Contractor and Joint Venture Partner BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE shall promptly carry out all corrective measures and modifications (as suggested by the Consortium members and agreed by the Owner) for each of their respective equipment/ systems supplied by them at their own expense. Thereafter, the Contractor and the Joint Venture Partner BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE shall demonstrate the successful performance meeting the guaranteed parameters and demonstration parameters.
Document Number LII-GEOE10021-G-0000-TS-001 Rev No. 00 Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package Page No. Page 33 Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

4.

We, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE do hereby undertake and confirm that this Deed of Joint Undertaking shall be initially valid till sixty (60) days after the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries covered under this Deed of Joint Undertaking. In case of delay in completion of the defect liability period, the validity of this Deed of Joint Undertaking shall be extended by such period of delay. However, this Deed of Joint Undertaking shall terminate at the latest 24 months from the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries under the Contract. Joint Venture Company BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE do further undertake and confirm that this Deed of Joint Undertaking shall be irrevocable and shall not be revoked till its validity. Further agree that this Deed of Joint Undertaking shall be without any prejudice to the various liabilities of the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE including Performance Guarantee as well as other obligations in terms of the Contract. In case of award, in addition to the Performance Guarantee to be furnished by the Contractor, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint venture partner STG manufacturer or LICENSEE shall furnish as security an on demand Performance Bank Guarantee in favour of the Owner as per provisions of the bidding documents. The value of such Bank Guarantee shall be equal to three percent (3%) of the total Contract Price for the whole plant of award by the Owner to the Joint Venture Company and it shall be guarantee towards the faithful performance/ compliance of this Deed of Joint Undertaking in accordance with the terms and conditions specified herein. The bank guarantee shall be unconditional, irrevocable and initially valid till sixty (60) days beyond the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries covered under the Contract. In case of delay in completion of the defect liability period, the validity of this Bank Guarantee shall be extended by such period of delay. However, this bank guarantee shall terminate at the latest 26 months from the scheduled end of defect liability period of the last Steam Turbine & Generator and its auxiliaries under the Contract. The guarantee amount shall be promptly paid to the Owner on demand without any demur, reservation, protest or contest. Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled as per the arbitration procedure/ rules mentioned in the Contract Documents. This Deed of Joint Undertaking shall be construed and interpreted in accordance with the Laws of India and the Courts of Maharashtra shall have exclusive jurisdiction. We, the Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG Manufacturer or LICENSEE agree that this Deed of Joint Under-taking shall form an integral part of the Contracts for this package. We further agree that this Deed of Joint Undertaking shall continue to be enforceable till its validity. 8. That this Deed of joint undertaking shall be operative from the effective date of the Contract. IN WITNESS WHEREOF, Joint Venture Company BOILER Manufacturer or LICENSEE / Joint Venture Partner STG manufacturer or LICENSEE through their authorised representatives, have executed these presents and affixed common seal of their respective companies on the day, month and year first mentioned above.

5)

6.

7.

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 34

Date of Issue May-2010

2x660 MW Coal Based Super Critical Thermal Power Plant; Kukurda; Raigarh TECHNICAL SPECIFICATION BTG PACKAGE

For M/s ................................ (Consortium Leader) WITNESS : 1. ............................. ................................................ (Signature of the Authorised Representative) Name..................................... Designation............................ Common Seal of the Company ............................. For M/s............... () WITNESS : 1. ..................................... ................................................ (Signature of the Authorised Representative) Name ................................... Designation............................ Common Seal of the Company................................

......................... (Official Address)

...................................... (Official Address)

For M/s ................................ (Consortium Leader) WITNESS : 1. ............................. ................................................ (Signature of the Authorised Representative) Name..................................... Designation............................ Common Seal of the Company .............................

......................... (Official Address)

Document Number LII-GEOE10021-G-0000-TS-001

Rev No. 00

Description Technical Specification Volume1 Section A3: Eligibility criteria for BTG Package

Page No. Page 35

Date of Issue May-2010

Das könnte Ihnen auch gefallen