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650,000 BPSD Refinery and 830,000 TPA Polypropylene Plant at

Lekki Free Trade Zone, Nigeria

ENQUIRY DOCUMENT

(Document No : A545-999-XD-MR-0101-1522-RFQ)

Page 1 of 257
Click on the Document Title to go to that section of the document

Table of Contents
Document Number Rev. Document Title Page
Number
A545-999-XD-MR- 0 ENQUIRY DOCUMENT 3
0101-1522-RFQ
A545-999-XD-MR- A TRANSFORMER-POWER-ABOVE 5 MVA 209
0101
A545-000-16-50-DS- A POWER TRANSFORMER 213
4109
A545-000-16-50-DS- A POWER TRANSFORMER DIEMENSION AND LOCATION 215
4108 DETAILS
A545-000-16-50-SP- C Job specification for oil filled transformer 216
0041
A545-000-16-50-SP- D Job Spec for Field Inspection Testing & Commissioning of 225
0087 Electrical Installations
A545-999-16-50-TR- A INSTRUCTIONS TO VENDORS 233
0101
A545-999-16-50-VR- A VENDOR DATA REQUIREMENTS TIE POWER TRANSFORMER 249
0101
A545-00-000--ITP-6- 0 ITP (Job specific) for Oil filled transformer 252
81-1041

Page 2 of 257
RFQ No.:-

RJ/A545-999-XD-MR-0101/1522
DANGOTE REFINERY AND
PETROCHEMICAL PROJECT

REQUEST FOR QUOTATION (RFQ)


(Physical Bidding)

Ref: RJ/A545-999-XD-MR-0101/1522 Date: 07-FEB-2018


M/s Employer M/s DANGOTE OIL REFINING COMPANY LTD
(DORC) & M/S DANGOTE PETROLEUM REFINERY
For Limited Enquiry Only: AND PETROCHEMICALS FZE (DPRP)
The Suppliers to whom this RFQ
is issued are only required to Project DANGOTE REFINERY AND PETROCHEMICAL
quote. PROJECT
MR No. A545-999-XD-MR-0101 Rev. A
Item TRANSFORMER-POWER-ABOVE 5 MVA
Due Date [21-MAR-2018 UPTO 1200 Hrs. (IST) ]
BID OPENING: At 1400 Hrs.(IST) on 21-MAR-2018
(In case the bid due date happens to fall on Holiday, the next
working day shall be deemed to be due date) – THIS IS NOT A
PUBLIC OPENING
PRE-BID MEETING At 1000Hrs (IST) on 28-FEB-2018 at EIL, New Delhi
Supplier may submit their queries, if any, latest by 27-FEB-2018.
Sir / Madam,
1. Engineers India Limited (EIL) on behalf of M/s DANGOTE OIL REFINING COMPANY LTD & M/S DANGOTE
PETROLEUM REFINERY AND PETROCHEMICALS FZE (DPRP) invites bids for the above referred equipment(s)
/item(s).

2. Bids are requested for the captioned item in complete accordance with enquiry documents and its attachments.
3. A copy of offer as prepared & submitted in hard copy as per the requirement of the Bidding Document shall also
be submitted additionally in soft copy in the CD. However in case of any difference, hard copy submitted by the
bidder shall prevail.
4. Suppliers are requested to submit the bid as per instructions indicated in Instructions to Suppliers (enclosed herewith).

5. Please furnish your response to our RFQ by sending email/fax to EIL as per Performa of Reply/ Acknowledgement Letter
enclosed.

If not bidding, please submit the regret letter with reason(s) of not participating within 07 days of the RFQ.

6. The bidders should respond to this enquiry either by submitting their bids or by explaining the reason for non-
submission of the offer. In case there is no response either way, the bidder may not be considered for any future
enquiries for this project.

7. Non- Disclosure Agreement: Not Applicable.

8. Offer Validity: Offer shall be valid for minimum 03 Months from the final / extended bid due date.

9. PAYMENT TERMS: As per enclosed SCC.

Page 1 of 5

Page 3 of 257
RFQ No.:-

RJ/A545-999-XD-MR-0101/1522
DANGOTE REFINERY AND
PETROCHEMICAL PROJECT

10. Delivery Location: FOB International sea port of exit of Contractor’s country (INCOTERMS 2010).

11. Time of Completion of Work:


Supply: Within 11 Months on FOB International Sea port of exit basis from the date of award. Date of clear bill of
lading shall be considered as date of delivery.
Site Work: Within 05 Days from the date of intimation for Site readiness. 15 Days advance intimation shall be given for
site readiness

12. The Supplier shall bear all costs associated with the preparation and submission of its bid, and the Purchaser shall in no
case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process.

13. The order, if placed, will be issued by DORC/DPRP.

14. Authenticity of documents submitted shall be the prime responsibility of the Supplier.

15. Employer/EIL reserves the right to make any changes in the terms and conditions of purchase and to reject any or all the
bids.

16. DORC appearing anywhere in ITB, SCC and Terms & Conditions for Installation / Site work shall be read as
DORC/DPRP.

17. Bidders shall submit Price Part of their offer through email to Mr. D V G Edwin, GMD / CEO, Dangote Industries,
only on following email ids :-

dvg.edwin@dangote.com and dvgedwin@dangoteprojects.com

Price Part shall not be sent / copied to EIL under any circumstances. Bidders to refer the enclosed document -
“Instructions to Bidders” for detailed instructions on bid submission.
18. Contact Persons for this RFQ before award of work:
Mr. Rajeev Jain – DGM (SCM) : Phone: 00 91 11 2676 3356 ; E-mail: rajeev.jain@eil.co.in
Mr. Dilip Singh Gurjar – Sr. Engineer (SCM): Phone: 00 91 11 2676 3372; E-mail: dilip.gurjar@eil.co.in
* Please specify Ref. No. (i.e. RJ/A545-999-XD-MR-0101/1522) in all correspondence

THIS IS NOT AN ORDER Very truly yours,

(Rajeev Jain)
Dy. General Manager (SCM)
For & on behalf of DORC / DPRP
Enclosures:
 Forms & Formats
 Reply/ Acknowledgement letter (Annexure I to RFQ)
 Proforma of letter of authority for attending pre-bid conference (Annexure II to RFQ)
 Pre-Bid query Format (Annexure III to RFQ)
 Price Schedule Format
 Instructions to Suppliers (ITB)
Page 2 of 5

Page 4 of 257
RFQ No.:-

RJ/A545-999-XD-MR-0101/1522
DANGOTE REFINERY AND
PETROCHEMICAL PROJECT

 Special Conditions of Contract (SCC)


 Terms & Conditions for Installation / Site work
 General Purchase Conditions (GPC)
 Material Requisition (MR) : A545-999-XD-MR-0101 Rev. A

Page 3 of 5

Page 5 of 257
RFQ No.:-

RJ/A545-999-XD-MR-0101/1522
DANGOTE REFINERY AND
PETROCHEMICAL PROJECT

Annexure – I to RFQ

REPLY/ACKNOWLEDGEMENT LETTER

FAX Nos. : 00-91-11-26191714


SELF ADDRESSED FAX
(PLEASE REFAX TO EIL WITHIN SEVEN DAYS OF RECEIPT OF RFQ)

Engineers India Limited


Engineers India Bhawan,
10th Floor,
1-Bhikaiji Cama Place,
New Delhi – 110066 (India)

Attn. : Mr. Rajeev Jain – Dy. General Manager (SCM)

Item : TRANSFORMER-POWER-ABOVE 5 MVA

Bid Due Date : [21-MAR-2018 UPTO 1200 Hrs. (IST)]

Dear Sirs,
We acknowledge with thanks receipt of your above cited RFQ along with enclosures. We undertake that the
contents of the above RFQ shall be kept confidential including all the drawings, specifications and documents and
the said documents shall be used only for the purpose, for which they are intended.
Further, our response is as under :- (Suppliers to put a tick, as applicable).
1. We will submit the bid within due date.
2. We regret to submit our offer/quote because of the following reasons:
a. _____________________________________________________
b. _____________________________________________________
Thanking you,
Very truly yours,

Name of Supplier :
Supplier’s Address :
Contact Person :
Supplier’s Phone No. :
Supplier’s Fax No. :
Supplier’s E-mail No. :
Supplier’s Ref. No. & Date :

Page 4 of 5

Page 6 of 257
RFQ No.:-

RJ/A545-999-XD-MR-0101/1522
DANGOTE REFINERY AND
PETROCHEMICAL PROJECT

Annexure II to RFQ

PROFORMA OF LETTER OF AUTHORITY FOR ATTENDING PRE-BID CONFERENCE

Date:

To,
Engineers India Limited
Engineers India Bhawan, 10th Floor
1, Bhikaiji Cama Place
New Delhi – 110 066
(India)
Attn. : Mr. Rajeev Jain – Deputy General Manager (SCM)
Item : TRANSFORMER-POWER-ABOVE 5 MVA
Dear Sirs,

We………………………………hereby authorize following representatives (s) to attend the Pre-Bid Meeting against your
RFQ No.: …………………………………….for Item ……………………….……………

1. Name & Designation ………………………………Signature …………………………..

2. Name & Designation ……………………………… Signature …………………………

We confirm that we shall be bound by all and whatsoever our representative (s) shall commit.

Yours faithfully,

Signature ……………………………

Name & Designation ……………….

For & on behalf of ………………….

Note:

This Letter of Authority should be on the letter head of the Supplier and should be signed by a person
competent and having the power of attorney to bind the Supplier

Page 5 of 5

Page 7 of 257
RFQ No.:-

RJ/A545-999-XD-MR-0101/1522
DANGOTE REFINERY AND
PETROCHEMICAL PROJECT

Annexure – III to RFQ


BIDDERS QUERIES
(FOR COMMERCIAL PART)

Item : TRANSFORMER-POWER-ABOVE 5 MVA

RFQ CLAUSE
S no. CLAUSE DESCRIPTION DEVIATION/CLARIFICATION REMARKS
REFERENCE

Supplier shall submit scanned copy of pre bid queries along with editable excel file at following e-mails within due
date of submission of pre bid queries:
EIL Representative: dilip.gurjar@eil.co.in ; rajeev.jain@eil.co.in;
Employer representative: Vithal.Palsule@dangote.com ; Deepak.Choudhary@dangote.com;
vijaysinh.badamwala@dangote.com.
Supplier is advised to submit the consolidated queries once only. Queries in piece meal basis are not
acceptable.

SIGNATURE OF BIDDER : _______________________


NAME OF BIDDER : _______________________
COMPANY SEAL : _______________________

Page 1 of 1

Page 8 of 257
RFQ No.:-

RJ/A545-999-XD-MR-0101/1522
DANGOTE REFINERY AND
PETROCHEMICAL PROJECT

BIDDERS QUERIES
(FOR TECHNICAL PART)

Item : TRANSFORMER-POWER-ABOVE 5 MVA

RFQ CLAUSE
S no. CLAUSE DESCRIPTION DEVIATION/CLARIFICATION REMARKS
REFERENCE

Supplier shall submit scanned copy of pre bid queries along with editable excel file at following e-mails within due
date of submission of pre bid queries:
EIL Representative: dilip.gurjar@eil.co.in ; rajeev.jain@eil.co.in;
Employer representative: Vithal.Palsule@dangote.com ; Deepak.Choudhary@dangote.com;
vijaysinh.badamwala@dangote.com.
Supplier is advised to submit the consolidated queries once only. Queries in piece meal basis are not
acceptable.
SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

COMPANY SEAL : _______________________

Page 1 of 1

Page 9 of 257
RFQ NO.: RJ/A545-999-XD-MR-0101/1522
ITEM: TRANSFORMER-POWER-ABOVE 5MVA

DANGOTE REFINERY AND PETROCHEMICAL PROJECT

NAME OF SUPPLIER :
PRICE SCHEDULE FORMAT (REV 0)
OFFER REFERENCE : :
ALL CURRENCY IN USD ONLY

Unit Price on FOB TPI charges Sea Freight upto


Total Price on FOB
Item No. as International Sea port of Apapa port, Nigeria
Sr. no. Tag No. Item Description Quantity International Sea port
per MR Exit basis (In terms of % of FOB (In terms of % of FOB
of Exit basis
price) price)

Design, engineering, manufacture, procurement of materials and bought out components, assembly at shop, inspection, testing at manufacturer's works, packing
1 01.00 & delivery of the following with complete Nitrogen injection Fire Protection System, including supply of all mandatory spares & special tools and tackles, first fill of consumables
& documentation as per the enclosed EIL standard specifications, instructions to vendors, data sheets etc. and other codes and standards attached or referred.

66/66 kV, 100 MVA, Z=10%, YNyn0, ONAN


1.1 01.01 TR-01-02 2 Nos ____% ____%
Transformer with OLTC and RTCC

Testing, pre-commissioning & commissioning at site, including supply of commissioning spares for the following with installation, Testing & commissioning of Nitrogen
2 02.00
Injection Fire Protection System at site for the Power Transformer as per Instructions to Vendor, job specifications, data sheets etc.

2.1 02.01 For Item 01.01 2 Nos

Supply of Mandatory Spares & special tools as per the enclosed


3 04.00 Lot Price to be included in Item 01.00 above
list/ instructions to vendor (A545-999-16-50-TR-0101).

Quotation of Two Years Operation and Maintenance Spares, as


4 05.00 Lot Shall be quoted in separate format attached as Annexure – A to price schedule
per MR

Unit Rates of items for addition/ deletion purpose, as per


5 06.01 Lot To be quoted against MR Item Sr. No. 01.01 above
enclosed instructions to vendor TR-0101.

S. No. Item Description Unit Unit Rate (USD)

Unit Rates for Specific tests as per enclosed instructions to 1 Heat Run Test
6 06.02
vendor (A545- 999-16-50-TR-0101).

--- 2 Short Circuit Test

Annual Maintenance Contract (AMC) of Transformers for


7 06.03 Lumpsum Shall be quoted in separate format attached as Annexure – B to price schedule
duration of 3 years.

Training to EMPLOYER ENGINEERS at Project Site as per


8 06.04 Per Diem Shall be quoted in separate format attached as Annexure – C to price schedule
instructions to vendor TR-0101.

SIGN AND STAMP OF SUPPLIER Page 1 of 2

Page 10 of 257
RFQ NO.: RJ/A545-999-XD-MR-0101/1522
ITEM: TRANSFORMER-POWER-ABOVE 5MVA

DANGOTE REFINERY AND PETROCHEMICAL PROJECT

NAME OF SUPPLIER :
PRICE SCHEDULE FORMAT (REV 0)
OFFER REFERENCE : :
ALL CURRENCY IN USD ONLY

Unit Price on FOB TPI charges Sea Freight upto


Total Price on FOB
Item No. as International Sea port of Apapa port, Nigeria
Sr. no. Tag No. Item Description Quantity International Sea port
per MR Exit basis (In terms of % of FOB (In terms of % of FOB
of Exit basis
price) price)

Training to EMPLOYER ENGINEERS at Manufacturer Works as


9 06.05 Per Diem Shall be quoted in separate format attached as Annexure – D to price schedule
per instruction to vendor TR-0101.

Supervision of erection of items specified at item 01.00 above,


10 08.01 as per the enclosed instructions to vendor (A545- 999-16-50-TR- Per Diem Shall be quoted in separate format attached as Annexure – E to price schedule
0101).

Salient Information of Bid:-


Indicate International seaport of Exit -
Name of Manufacturer -
Country of Origin -
Banker’s address & details for L/C opening -
Notes:-

Delivery of above items shall be made within 11 Months from the date of award on FOB International seaport of exit basis. Date of clear bill of lading shall be considered as date of
1)
delivery. Site Activities shall be completed within 05 days from the date of site readiness. 15 days prior notice for site readiness shall be given to the Supplier

2) Bidder to quote TPI charges in price schedule, however Employer reserves the right to arrange their own Third Party Inspection Agency.
Quoted prices at Sr. No. 01.00 above shall be inclusive of the prices of all Mandatory Spares, Special Tools & Tackles , First fill of Consumables etc required as per Material
3)
Requistion (MR)
4) Price of Commissioning spares shall be included at Sr. No. 02.00 above

SIGN AND STAMP OF SUPPLIER Page 2 of 2

Page 11 of 257
RFQ No.:
RJ/A545-999-XD-MR-
0101/1522
DANGOTE REFINERY AND PETROCHEMICAL PROJECT
Annexure – A to Price Schedule Format
(For 2 Years Spares of normal operation & maintenance)
Unit FOB Price on
Quantity with International sea port of Sea Freight upto Apapa
S.No Description exit basis port basis as percentage of
UOM
FOB price
(USD)

Two years operation and maintenance spares as


1
per manufacturer recommendation.

_____%

NOTES:
1 Prices for spares for 2 year normal operation and maintenance shall be furnished on FOB port of exit basis as per this format
only.
2 The prices for these spares shall be valid for 2 years from the date of delivery.

3 Owner reserves the right to select and order any of the spares out of above list.It is not mandatory for Employer to place the
order for O&M. Employer reserves the right to place order for the same separately, if desired by Employer.
4 Payment terms: 100% through wire transfer including Sea freight (in case of CFR order), on delivery of material/items as per
terms of order and submission of Invoice along with material test certificates.

SIGN AND STAMP OF SUPPLIER Page 1 of 1

Page 12 of 257
RFQ No.:
RJ/A545-999-XD-MR-0101/1522

DANGOTE REFINERY AND PETROCHEMICAL PROJECT

Annexure – B to Price Schedule Format


POST WARNTY MAINTENANCE CONTRACT (PWMC)
(TERMS & CONDITIONS)

a. Supplier to quote Post Warranty Maintenance Contract as per scope defined in Material Requisition for 3
years from the date of completion of defect liability period of the main contract. Supplier shall furnish the year
wise Break-up as per the Price Schedule Provided.
b. The PWMC Charges quoted in Price Schedule Format shall be inclusive of all the charges for
Transportation, Lodging, Boarding, all insurances including third party insurance, income tax etc and all other
incidental charges, spares and replacement of damaged parts. Owner will not have any liability, whatsoever, over
and above the quoted prices.
c. The payment terms for the PWMC shall be on half yearly basis after completion of the ½ year against
submission of Bills duly certified by the Engineer-in-charge.

d. The order for PWMC will be placed before the expiry of contractual defect liability period. Quoted rates shall
remain valid for till completion of defect liability period.

e. Within Ten days of placement of Order for PWMC, Seller shall submit PBG for 5% of the Equipment Cost
(FOB Port of exit value) and this PBG shall be renewed on yearly basis.

f. Periodic and Preventive maintenance: Supplier shall depute their engineers to installation site as & when
required for regular checkups, as part of periodic maintenance. Vendor shall also depute their service engineers
periodically for preventive maintenance, major repairs / replacement and reporting. Price shall also include
emergency visits as necessary.

g. Scope of PWMC shall be as per MR or as mentioned elsewhere in the enquiry document.

h. HEALTH SAFETY AND ENVIRONMENT (HSE) MANAGEMENT : Employer's Health & Safety plan is enclosed
as Annexure to Terms & Conditions for Installation / Site work.

S. No. PWMC charges (LUMPSUM AMOUNT ALL INCLUSIVE - IN USD)

1 1st Year

2 2nd Year

3 3rd Year

SIGN AND STAMP OF SUPPLIER Page 1 OF 1

Page 13 of 257
RFQ No.:
RJ/A545-999-XD-MR-
0101/1522

DANGOTE REFINERY AND PETROCHEMICAL PROJECT


Annexure – C to Price Schedule Format

Terms & Conditions forTraining of Employer's personnel at site as per MR

1 Bidder shall quote per diem charges which shall include local transport, all insurance
including third party, income tax etc. & all other incidental charges except only
acccomodation. Accomodation shall be arranged by Employer within site premises without
additional charges.
2 Per diem charges shall exclude to and fro airfare. Employer shall reimburse economy class
fare from the nearest International Airport in bidder’s country to International Airport at Lagos
(Nigeria) against submission of original documents including boarding pass. No further
transport charges shall be payable by Employer.
3 Per diem rate shall apply from the day the trainer personnel reach site and upto the day they
leave site. No per diem payment will be made for travel days/period.
4 Working hours prevailing at site – normally eight hours a day , Monday through Saturday
and holidays as applicable to site personnel shall apply.
5 Bidder’s trainer personnel shall observe/abide by site working conditions prevailing in the
existing project site, safety codes & Nigeria laws.
6 A notice period of 15 days will be given for mobilizing the bidder’s personnel at site for site
services.
7 REQUIREMENT OF EMPLOYMENT VISA FOR FOREIGN NATIONALS – Refer Instructions
to Bidder.
8 PAYMENT TERMS: 100% on monthly running bills against submission of invoice, other
supporting documents and time sheet duly approved by Construction Manager.
9 Quoted rates shall be valid for a period of 24 months from the date of completion of all
supplies as per MR or Contractual Delivery Date, whichever is later. In case of Training is
required after this period, Annual escalation @ 5% shall be applicable in the per diem rates
quoted by the Supplier.

PER DIEM CHARGES :


S no Description RATES IN USD
1 Per diem charges (per person) for 8 hours work on normal
working days.
2 Overtime rate/ hour beyond normal 8 hours work on normal
working days.
3 Overtime rate/ hour for work on weekly off days/ holidays (as
applicable to Project site)

NOTE: In case Supplier recommends more than one category/level of trainer personnel the information
desired at S. No. 1.0 to 3.0 shall be furnished separately for each category of trainer personnel.

SIGN AND STAMP OF SUPPLIER Page 1 OF 1

Page 14 of 257
RFQ No.:
RJ/A545-999-XD-MR-0101/1522
Annexure – D to Price Schedule Format

Terms & Conditions for :-


TRAINING OF OWNER PERSONNEL AS PER MR AT MANUFACTURER WORKS

1 Bidder shall quote per diem charges (per training man day) for providing training to Employer's
Operation and Maintenance personnel at Bidder's works/training facility.

2 Air-fare, accomodation, local conveyance, living expenses etc of Employer's personnel shall be borne
by Employer.

3 Quoted per diem rate shall apply for one full manday of training undertaken by Employer's personnel
at Contractor's works/training facility.

4 A notice period of 15 days will be given by Employer for prior arrangement.

5 PAYMENT TERMS: 100% on completion of services against submission of invoice, other supporting
documents and time sheet duly approved by Employer.

PER DIEM CHARGES


S no Description RATES IN USD
Per diem charges for training (per training man day i.e. per
1
trainee per day)
Estimated 10 trainee man-days shall be considered for evaluation.

SIGN AND STAMP OF SUPPLIER Page 1 of 1

Page 15 of 257
RFQ No.:
RJ/A545-999-XD-MR-
0101/1522

DANGOTE REFINERY AND PETROCHEMICAL PROJECT


Annexure – E to Price Schedule Format

Terms & Conditions for Supervision of Erection at site :-


1 Bidder shall quote per diem charges which shall include local transport, all insurance
including third party, income tax etc. & all other incidental charges except only
acccomodation. Accomodation shall be arranged by Employer within site premises without
additional charges.
2 Per diem charges shall exclude to and fro airfare. Employer shall reimburse economy class
fare from the nearest International Airport in bidder’s country to International Airport at Lagos
(Nigeria) against submission of original documents including boarding pass. No further
transport charges shall be payable by Employer.
3 Per diem rate shall apply from the day the supervisory personnel reach site and upto the day
they leave site. No per diem payment will be made for travel days/period.
4 Working hours prevailing at site – normally eight hours a day (for supervision), Monday
through Saturday and holidays as applicable to site personnel shall apply.
5 In case bidder’s representative is not called for during Intervening weekly off/Holidays, the
same shall be payable at the normal rate of site services. However, in case Seller’s
representative is called at site during weekly off/Holiday, the same shall be paid @ overtime
rate quoted extra by bidder.
6 In case bidder’s representative takes leave, per diem charges for that day shall not be
payable.
7 Bidder’s supervisory personnel shall observe/abide by site working conditions prevailing in
the existing project site, safety codes & Nigeria laws.
8 A notice period of 15 days will be given for mobilizing the bidder’s personnel at site for site
services.
9 REQUIREMENT OF EMPLOYMENT VISA FOR FOREIGN NATIONALS – Refer Instructions
to Bidder.
10 PAYMENT TERMS: 100% on monthly running bills against submission of invoice, other
supporting documents and time sheet duly approved by Construction Manager.
11 Estimated 5 mandays shall be considered for evaluation. However, payment shall be
made based on actual number of supervisiory man days consumed at site
12 Quoted rates shall be valid for a period of 24 months from the date of completion of all
supplies as per MR or Contractual Delivery Date, whichever is later. In case of Supervision is
required after this period, Annual escalation @ 5% shall be applicable in the per diem rates
quoted by the Supplier.

PER DIEM CHARGES :


S no Description RATES IN USD
1 Per diem charges (per person) for 8 hours work on normal
working days.
2
Overtime rate/ hour beyond normal 8 hours work on normal
working days.

3 Overtime rate/ hour for work on weekly off days/ holidays (as
applicable to Project site)
NOTE: In case Supplier recommends more than one category/level of supervisory personnel the
information desired at S. No. 1.0 to 3.0 shall be furnished separately for each category of supervisory
personnel.

SIGN AND STAMP OF SUPPLIER Page 1 of 1

Page 16 of 257
INSTRUCTIONS TO BIDDER
Document No.:
DANGOTE REFINERY AND A545/MR/ITB/REV.10
PETROCHEMICAL PROJECT

INSTRUCTIONS TO BIDDER

Sheet 1 of 16

Page 17 of 257
INSTRUCTIONS TO BIDDER
Document No.:
DANGOTE REFINERY AND A545/MR/ITB/REV.10
PETROCHEMICAL PROJECT

TABLE OF CONTENTS

A GENERAL ...................................................................................................................... 3
1.0 INTRODUCTION ...................................................................................................................................3
2.0 COST OF BIDDING ................................................................................................................................3
3.0 ACKNOWLEDGEMENT & CONFIRMATION ....................................................................................3
4.0 SITE VISIT ..............................................................................................................................................3
5.0 REGISTRATION IN FREE TRADE ZONE .........................................................................................................4
B BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT ................................ 5
6.0 BIDDING DOCUMENT .........................................................................................................................5
7.0 CLARIFICATION OF BIDDING DOCUMENT ....................................................................................6
8.0 AMENDMENT OF BIDDING DOCUMENT .........................................................................................6
9.0 CONFIDENTIALITY OF BIDDING DOCUMENT ...............................................................................7
C PREPARATION OF BID ................................................................................................ 7
10.0 LANGUAGE OF BID ..............................................................................................................................7
11.0 ZERO DEVIATION ................................................................................................................................7
12.0 DOCUMENTS COMPRISING BID ........................................................................................................8
13.0 BID PRICES ............................................................................................................................................9
14.0 CURRENCIES OF BID AND PAYMENT ............................................................................................ 10
15.0 BID VALIDITY ..................................................................................................................................... 10
16.0 ARRANGEMENT OF BID ................................................................................................................... 10
D BID SUBMISSION ....................................................................................................... 10
17.0 SEALING AND MARKING OF BID .................................................................................................... 10
18.0 DEADLINE FOR SUBMISSION OF BIDS .......................................................................................... 11
19.0 LATE BIDS ........................................................................................................................................... 11
20.0 MODIFICATION AND WITHDRAWAL OF BIDS ............................................................................. 11
E BID OPENING AND EVALUATION ............................................................................ 12
21.0 OPENING OF TECHNO-COMMERCIAL BIDS ................................................................................. 12
22.0 CLARIFICATION OF BIDS ................................................................................................................. 12
23.0 EVALUATION OF TECHNO- COMMERCIAL BID .......................................................................... 12
F AWARD OF CONTRACT ............................................................................................ 13
24.0 EMPLOYER'S RIGHT TO ACCEPT OR REJECT ANY BID .............................................................. 13
25.0 NOTIFICATION OF AWARD .............................................................................................................. 13
26.0 CONTRACT AGREEMENT ................................................................................................................. 13
27.0 SIGNING OF CONTRACT ................................................................................................................... 13
COMPLIANCE TO BID REQUIREMENT – FORM – A ..................................................... 14

EXCEPTIONS AND DEVIATIONS – FORM - B ................................................................ 15

SAMPLE OF THE APPLICATION FORM – FORM - D .................................................... 16

Sheet 2 of 16

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INSTRUCTIONS TO BIDDER
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A GENERAL

1.0 INTRODUCTION

1.1 Dangote Oil Refining Company Limited (DANGOTE) (hereinafter referred to as


“DANGOTE” OR “EMPLOYER”) is setting up a grass root 460,000 BPSD Refinery
and 750,000 TPA Polypropylene Plant (hereinafter referred as “DRPP”) in Lekki
Free Trade Zone, Nigeria.

DANGOTE have appointed Engineers India Limited (EIL) as their Consultant for
implementation of the Project

1.2 EIL for and on behalf of EMPLOYER invites sealed Bids, under single stage two
envelope bid system, for the entire work covered under the Bidding Documents
(hereinafter referred as “WORK”).

1.3 It shall be Supplier's responsibility to have thorough understanding of the


reference documents, site conditions and specifications included in the Bidding
Document.

1.4 The term “bid”, Bidding Document and “tender” and their derivatives (such as
“bidder/tenderer/Supplier/Contractor”, “Bid/ tendered/ tender”, “bidding/ tendering”,
“Employer / Dangote” etc.) are synonymous and ‘day’ means calendar day.
Singular means plural.

1.5 The term General Purchase Condition (GPC) and General Conditions of Contract
(GCC) are synonymous.

2.0 COST OF BIDDING

2.1 The Supplier shall bear all costs associated with the preparation and delivery of its
Bid at EIL New Delhi / Dangote Office Gurgaon which includes payment of custom
duty in India (if applicable). Bidder shall also bear all costs and expenses related
to visits to the site and EMPLOYER will in no case be responsible or liable for
these costs regardless of the outcome of the bidding process.

3.0 ACKNOWLEDGEMENT & CONFIRMATION

3.1 Within 3 days of receipt of Bidding Document, Supplier shall acknowledge the
receipt and confirm his intention to bid for the tendered work as per Proforma
given in Bidding Document. In case the Bidding Document has been issued on
Limited Basis, it is mandatory on the part of prospective Supplier that they must
intimate their intention, of not quoting, if they are not submitting Bid, within 3
(Three) days of receipt of Bidding Document.

4.0 SITE VISIT

4.1 Location of Site – Lekki Free Trade Zone, Nigeria, nearest airport and Seaport of
entry is Lekki./ Apapa port, Lagos.

4.2 Supplier is advised to visit and examine the site, its surroundings and familiarise
himself with the existing facilities and environment, and collect all other

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information which he may require for preparing and submitting the Bid and
entering into the Contract. Claims and objections due to ignorance of existing
conditions or inadequacy of information will not be considered after submission of
the Bid and during implementation.

4.3 The Supplier and any of his personnel or authorised Agents will be granted
permission by the EMPLOYER to enter upon his premises and land for the
purpose of such inspection, but only upon the explicit condition that the Supplier,
his personnel or authorised agents will release and indemnify the EMPLOYER
and his personnel and authorised agents from and against all liability in respect
thereof and will be responsible for personnel injury (whether fatal or otherwise),
loss of or damage to property and any other loss, damage, cost and expenses
incurred as a result hereof. EMPLOYER shall provide necessary assistance, if
required, to the Supplier(s) for the purpose of site visit.

4.4 Contact person at site is Mr Henri Wijnen Riems. Supplier intending to visit site
shall write to Mr Henri Wijnen Riems at his email hwijnenriems@fastmail.fm

The passport details of the person intending to visit site alongwith tentative
schedule should be provided alongwith the request so that the invitation letter can
be issued to them by M/s Dangote.
5.0 Registration in Free Trade Zone

5.1 Project site falls under “Free Trade Zone (FTZ)”. Supplier registered under FTZ,
shall be entitled for tax reliefs and waivers including ‘ZERO’ Withholding Tax and
are not required to pay any Corporate / Income Tax in Nigeria. Further, Employee
Income Tax shall also be not applicable, if the workmen stay within the Free Trade
Zone (or the Project Site is within free Trade Zone). Wherever required,
supplier/sub-contractor, shall apply through Dangote Industries Free Zone
Management Company (DIFZMC) for a particular activity or business it intends to
carry on in the Free Zone by providing items listed below, and payment of
applicable tariff/ charges

5.2 Procedure for Registration with DIFZDC (Lekki Free Zone)

1. Submit evidence of contract with Dangote Refinery and/or Fertilizer projects to


obtain Application Form.
2. Details of contract shall be forwarded to Nigerian Export Processing Zones
Authority (NEPZA) to generate your Tariff.
3. Payment of tariff in USD into designated DIFZDC accounts to be provided.
4. Two certificates shall be given to your Enterprise;
(a) Operating License given by DIFZDC and
(b) Certificate of Registration given by NEPZA

5 (a) Documents for Registration with DIFZDC – Operating License


 Application for registration - to be registered as an Enterprise with DIFZDC

 Particulars of Directors of Enterprise

 Statement of Shareholding and letter of allotment

 Board resolution appointing the directors of the Enterprise

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 Memorandum and Articles of Association of the Enterprise

 Passport photograph of directors

 Address of registered office in the free zone

 Feasibility Report

 Company profile / Brochure

5 (b) Documents for Registration with NEPZA – Certificate of Registration


 Application letter for registration from the enterprise (DIFZDC will write to NEPZA)
 Particulars of Directors (FZR Form 1)
 Return of allotment form (FZR Form 2)
 Declaration of compliance with requirements of the NEPZA Act (FZR Form 3)
 Board Resolution appointing the Directors of the enterprise (3 copies)
 Board Resolution of the enterprise approving the registration of the enterprise in
the zone (original copy + 2 copies)
 Photocopy of Operating License from DIFZDC
 Feasibility Report (original copy + 2 copies)
 Memorandum and Articles of Association of the enterprise (3 copies)
 Passport photograph of the Directors
 Address of Registered office in the zone
 Evidence of payment of tariff

Both Registrations are handled by DIFZDC and both certificates are collected
through DIFZDC. Documents already submitted in 5a could be duplicated /
photocopied for 5b except where the original is required. For further clarification
visit our office at Block 10 D, Sapphire Garden, Awoyaya, Lekki/Epe
Expressway Ibeju – Lekki Lagos, 012931565

5.3 Sample of the Application Form is enclosed as FORM-D to this ITB for reference
purpose only.

5.4 Contractor may nominate its Solicitor for proper guidance in completing the
process Regarding Visas, the Registered Contractor to provide the list of Staff,
Data pages of International Passports, position held and qualifications, CV’s and
Certificates through LFZ to NEPZA. Employer will assist Contractor in obtaining
temporary work permit and visitor’s visa. However, Contractor shall pay the
requisite fees to Nigerian High Commission/ Embassy for obtaining the Visa /
temporary work permit.

B BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT

6.0 BIDDING DOCUMENT

6.1 The Bidding Document shall be read in conjunction with any Amendment issued in
accordance with Clause 8.0.

6.2 The Supplier is expected to examine the Bidding Document, including all
instructions, forms, terms, specifications and drawings in the Bidding Document.
Failure to furnish all information required as per the Bidding Document or

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submission of a bid not substantially responsive to the Bidding Document in every


respect may result in the rejection of the Bid.

6.3 Bidding documents once issued are non-transferable in other name and shall at
all times remain the exclusive property of the EMPLOYER with a licence to the
Supplier to use the Bidding Documents for the limited purpose of submitting the
bid.

7.0 CLARIFICATION OF BIDDING DOCUMENT

7.1 Supplier, in their own interest, should ask any clarification, technical/commercial,
as within the date mentioned in LIB, and EMPLOYER/EIL would furnish all such
clarifications promptly, and if such clarifications require any change in the
stipulations of the Bidding document, then an Amendment shall be issued along
with the clarification, it being expressly understood that Supplier shall submit their
Bids in total compliance of the Bidding document and also taking in to
consideration of such clarifications.

7.2 Any failure by Supplier to comply with the aforesaid requirement shall not absolve
the Supplier, after subsequent award of Contract, from performing the work in
accordance with the Contract.

7.3 Response to queries/ clarifications raised will be sent as expeditiously as possible


to all who have been issued the Bidding Documents. The response shall not form
part of the Bidding Document unless issued as an Addendum/ Amendment.

7.4 Suppliers are expected to resolve all their clarifications/ queries to the Bidding
Document and submit their bid in total compliance to Bidding Document without
any deviation/ stipulation/ clarification.

7.5 The Supplier or his authorized representative(s), is advised to attend a pre-bid


meeting in the office of Engineers India Limited at New Delhi, if provided for in
LIB. The purpose of the meeting will be to clarify issues and to answer questions
on any matter pertaining to the Tender conditions that may be raised at that stage
by Suppliers who have been issued the Bidding Document.

7.6 The Supplier is requested to submit any queries/clarification/information pertaining


to Bidding Document in writing delivered by hand or by fax/e-mail so as to reach
EIL not later than the date specified in the LIB. Queries/ Clarifications/ Information
sought in any other manner shall not be responded.

7.7 Suppliers shall regularly visit EIL Tender portal http://tenders.eil.co.in to keep
themselves updated on various documents published time to time, related to the
enquiry.

8.0 AMENDMENT OF BIDDING DOCUMENT

8.1 Employer/EIL may, for any reason whether at his own initiative or in response to
the clarification requested by the prospective Supplier(s), issue amendment in the
form of Addendum during the bidding period and subsequent to receiving the bids.
Any Addendum thus issued shall become part of Bidding Document and Supplier
shall submit Addendum/ Compliance letter duly signed and stamped by authorised

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signatory in token of his acceptance.

8.2 For Addendum issued during the bidding period, Supplier shall consider the cost
impact in his bid. For Addendum issued subsequent to submission of the bids,
Supplier shall follow the instructions issued along with addendum with regard to
submission of cost impact on quoted price/ revised price, if any.

8.3 The addendum/ amendment will be hosted on the EIL Website


http://tenders.eil.co.in.

8.4 In order to accord reasonable time to Supplier for incorporating the Amendment in
preparing their bids, the Employer or his authorised representative(s) may, at its
discretion, extend the deadline for the submission of Bids in accordance to clause
18.0.

9.0 CONFIDENTIALITY OF BIDDING DOCUMENT

9.1 The Bidding Document is and shall remain the exclusive property of the
EMPLOYER without any right to Supplier to use them for any purpose except for
the purpose of Bidding.

9.2 On no account will any agency to which Bidding Documents is furnished, part with
possession thereof or copy or take copies or tracings of any drawing, plan etc. It
should be understood that the information therein is confidential, and that the
Bidding Documents are therefore being furnished to Supplier in the strictest
confidence.

C PREPARATION OF BID

10.0 LANGUAGE OF BID

10.1 The Bid prepared by the Supplier, all correspondence and documents relating to
the bid exchanged by the Supplier and the EIL/ Employer shall be written in the
English language. Any printed literature/certificate/any other document furnished
by the Supplier may be in another language, provided they are accompanied by
an accurate translation of the relevant passages in the English language, in which
case, for purpose of interpretation of the Bid the English translation shall prevail.

11.0 ZERO DEVIATION

11.1 Suppliers are requested to resolve all their clarifications / queries to the bidding
document before due date of submission of bid. Thereafter Suppliers are
requested to submit their bid on Zero deviation basis in total compliance to
Bidding Document without any deviation / stipulation / clarification / assumption.
Accordingly, Supplier must submit format for “Compliance to Bid requirement”
as per Form-A duly filled in along with Unpriced part of Bid. Bids not conforming
to biding document in totality and / or non-accompanied by necessary documents
as asked for in the Bidding Document shall be liable for rejection.

11.2 Any deviation, if unavoidable, should be furnished along with Cost impact in
Form-B (attached) for consideration of Employer during evaluation of bid.

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11.2.1 Exception/ Deviations submitted in any other form shall not be considered.

11.2.2 In case bidder submit the deviations without any cost impact, the bid of
such bidder shall be liable for rejection.

12.0 DOCUMENTS COMPRISING BID

12.1 The Bid shall be submitted in two parts viz. PART-I & PART-II:

PART – I - Un-priced Techno-commercial Bid in appropriate number of sets


specified below to be submitted at the following address:

a) For Indian Bidders:


Part I Part I
Original + 2 Copies and 1 no. CD 1 Copy and 1 no. CD
Receipt Section Mr. Niraj Saini / Mr. Vijaysinh
Engineers India Limited Badamwala
Bhikaiji Cama Place, SAS TOWER , B - 601,
R.K. Puram, New Delhi 110 066. 6TH FLOOR,
Tel.No.: 011-26763356 MEDICITY Support Area , SECTOR
Fax No.: 011-26191714 38,
Attn.: Mr. Rajeev Jain DGM (C&P) GURGAON – 122001,
EIB 10th Floor HARYANA ( India)
Contact: 09322210402

b) For Foreign Bidders:


Part I
Original + 3 Copies and 2 nos. CD
Receipt Section
Engineers India Limited
Bhikaiji Cama Place,
R.K. Puram, New Delhi 110 066.
Tel.No.: 011-26763356
Fax No.: 011-26191714
Attn.: Mr. Rajeev Jain DGM (C&P)
EIB 10th Floor
In case of any difference in hard copy and scanned copy of bid in CD, hard copy
offer submitted by the bidder shall prevail.
Note: Hard copy of bids shall be submitted on Delivered Duty Paid (DDP)
basis as per INCOTERMS 2010.
Bidder should declare nominal value in their invoice and also certify that the
packet(s) contains the Bid/offer in the form of hard copy along with Compact
Disk and that:
i. The above have no commercial value.
ii. Value declared is for customs purpose only.

PART - II - Duly signed and scanned copy of Price Bid “to Mr. D V G Edwin at his
e-mail id dvgedwin@dangoteprojects.com and dvg.edwin@dangote.com

Sheet 8 of 16

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12.2 PART-I TECHNO-COMMERCIAL/ UNPRICED BID

The Bid prepared by the Supplier shall comprise the following components:

i) Bid forwarding letter.

ii) Power of attorney in favour of Signatory (ies) of the bid that such person
(s) is/ are authorised to sign the Bid on behalf of the Supplier and
consequence resulting due to such signing shall be binding on the
Supplier;

iii) Compliance to requirement of Bidding Document as per FORM – A or


in case of Deviation/ Exceptions, FORM-B (un-priced indicating
“Quoted” in place of prices) and editable file in CD.

iv) Non-Disclosure Agreement wherever applicable as per RFQ document

v) Technical offer and Engineering details, if any, required as per Bidding


Document.

vi) Blank copy (without price) of Price schedule including Schedule of


Rates duly signed and stamped indicating “Quoted” / “Not Quoted”.

vii) Any other information required in the Bidding Documents or considered


relevant by the Supplier.
12.3 PART –II PRICE BID shall consist of the following:

i) Soft and scanned Copy of Price Schedule and its enclosure as provided
with the Bidding Document, duly filled in and complete in all respects
and shall be signed & stamped on each page.
ii) In case of Deviation/Exceptions, FORM-B (duly indicating cost impact
against each deviation.
13.0 BID PRICES

13.1 Supplier shall quote for all the items of Schedule of Rates after careful analysis of
cost involved for the performance of the complete item considering all parts of the
Bidding Document. In case any activity though specifically not covered in
description of item under `Schedule of Rates' but is required to complete the work
as per Scope of Work, Scope of Supply, Specifications, Standards, Drawings,
General Conditions of Contract or any other part of Bidding Document, the prices
quoted shall deemed to be inclusive of cost incurred for such activity.

13.2 Supplier shall submit

13.2.1 Unit /Total prices on FOB International Port of exit basis including port handling
charges at port of exit.

13.2.2 Suppliers shall quote firm Sea freight (including stowage charges, if applicable) for
Apapa port (Lagos) port of entry. Employer may place order on FOB or CFR
basis.

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13.2.3 Suppliers shall quote Third Party Inspection (TPI) charges separately for
inspection by any of the listed TPI agencies. Employer may place order with TPI in
supplier’s scope at the charges quoted by supplier or arrange TPI themselves at
their own cost.

13.3 Prices quoted by the Supplier, shall remain firm, fixed and valid until completion of
the Contract and will not be subject to variation on any account except as
otherwise specifically provided in the Contract documents.

14.0 CURRENCIES OF BID AND PAYMENT

14.1 Suppliers shall quote the prices in US Dollars (US $) only.

15.0 BID VALIDITY

15.1 Bid submitted by Supplier shall remain valid for a minimum period of 3 Months
from the date of opening of Bid. During the above period, Suppliers shall not be
entitled to revoke or cancel their Bid or to vary the Bid given or any term thereof
without written consent of the EMPLOYER/ EIL. In case, Suppliers are revoking
or cancelling their Bid or varying any terms in regard thereof without the written
consent of EMPLOYER/ EIL, EMPLOYER/ EIL shall reject their bids. Such
Supplier may also be put on Holiday list of EIL/ EMPLOYER.

15.2 EMPLOYER/ EIL may request the Suppliers for extension of the period of validity
of bid. Suppliers may extend the Bid validity suitably and/or alternatively refuse
the request of extension of bid validity.

16.0 ARRANGEMENT OF BID

16.1 The Supplier shall prepare one original and three copies of the Techno-
commercial bid, clearly marking as: “ORIGINAL – TECHNO-COMMERCIAL- and
“COPY NO.1 – TECHNO-COMMERCIAL BID”, etc. as appropriate. In the event
of discrepancy between the original and any copy, the original shall prevail. Price
Bid in soft and scanned copy shall be submitted directly to the Email address as
mentioned in this document.

16.2 The original and all copies of the bid shall be typed or written in indelible ink (in
case of copies, Photostats are also acceptable) and shall be signed by person(s)
duly authorised to sign on behalf of the Supplier. All pages of bid shall be
stamped and initialled by person(s) signing the bid.

D BID SUBMISSION

17.0 SEALING AND MARKING OF BID

17.1 The Supplier shall seal the original and copies of the PART-I (Techno-
commercial) of bid in an envelope clearly marking as below:

Part I -Technical and Unpriced Commercial Bid


Name of Work: ________________________________
Bidding Document No.: ________________________________
Due date & Time of Submission: _____________________________

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From: [Name & Address of Supplier]: __________________________


In addition to above, the outer envelope containing Part-I, shall indicate the name
and address of the Supplier and the addressee. If the outer envelope is not sealed
& marked as above, the EMPLOYER/ EIL will assume no responsibility for
premature opening of the bid.

17.2 Soft & scanned copy of PART–II (Priced bid) shall be sent through email with the
subject line, clearly mentioning “Price Bid for DRPP project of M/s Dangote
against Bidding Document No. “...... /A545 - .....- .....-MR– ..... / ......” for ease of
identification of the content”:

Part II - Priced Bid must be submitted by the due date and time mentioned in the
Letter Inviting Bid or any extension thereof as duly notified in writing by EIL, to the
email id of Mr. D V G Edwin (Email: dvgedwin@dangoteprojects.com and
dvg.edwin@dangote.com ).

18.0 DEADLINE FOR SUBMISSION OF BIDS

18.1 Un-priced Techno-commercial Bid in appropriate number of sets and Priced bids
through e-mail, must be submitted on or before the bid due date and time
mentioned in the Request for Quotation or any extension thereof as duly notified
in writing by PMC.

18.2 The Employer or his authorised representative(s) may, at its discretion, extend the
deadline for submission of bids by issuing an Amendment in accordance with
Clause 8.0 above, in which case all rights and obligations of the Employer and the
Supplier previously subject to the original deadline will thereafter be subject to the
deadline as extended.

19.0 LATE BIDS

19.1 Any bid received by the EIL after the deadline for submission of bids will be
declared “Late". Employer/PMC reserve the right to reject/ accept the Late
Bids at their sole discretion.

19.2 Late Bids” shall mean receipt of any or all the parts of the Bid, i.e., Part-I and/ or
Part-II, after the due date and time mentioned in the Request for Quotation or any
extension thereof as duly notified in writing by PMC, at the Postal address and
email ID mentioned, in line with sub-clause no. 18.1 above.

20.0 MODIFICATION AND WITHDRAWAL OF BIDS

20.1 The Supplier may modify or withdraw its bid after the bid’s submission, provided
that written notice of the modification or withdrawal is received by the PMC prior to
the deadline prescribed for submission of bids.

20.2 The Supplier's modification or withdrawal notice shall be prepared, sealed,


marked and despatched in accordance with the provisions of procedure for

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submission of bids. A withdrawal notice may also be sent by fax or e-mail but
must be followed by signed confirmation copy. No bid may be withdrawn in the
interval between the deadline for submission of bids and the expiration of the
period of bid validity specified by the Supplier.

E BID OPENING AND EVALUATION

21.0 OPENING OF TECHNO-COMMERCIAL BIDS

21.1 The Techno-commercial part of the Bid, i.e., Part-I of those Suppliers for whom
the bids have been received at EIL, shall be opened by EIL.

22.0 CLARIFICATION OF BIDS

22.1 Commercial/Technical Queries (CQ/TQ) shall not be issued once the bid have
been opened. However, wherever CQ/TQ are unavoidable, the same shall be
raised only once and the cut-off date given for CQ/TQ replies shall be adhered to.
Offers shall be evaluated based on the information available upto cut-off date for
CQ/TQ replies. Bidder shall not submit any Price against CQ/TQ raised unless
specifically sought in writing. Supplier shall submit all additional documents in one
original and three copies.

22.2 Depending on complexity of equipment/package, techno-commercial discussion


may be held at PMC office at EIL, New Delhi within 1 week of opening of un-
priced bids. Suppliers at their own cost, shall keep their all arrangements ready
including the Visa formalities so as to participate in the discussion within an
intimation of 2-3 days.

23.0 EVALUATION OF TECHNO- COMMERCIAL BID

23.1 Prior to detailed evaluation of bids, the Employer or his authorised


representative(s) will determine whether bid (i) is substantially responsive to the
requirements of the bidding documents; and (ii) Supplier provides any
clarifications and/ or require pursuant to clause 22.0.

23.2 A substantially responsive bid is one, which conforms to all the terms and
conditions and requirements of the Bidding Document without material deviation
or reservation. A material deviation or reservation is one (i) which affects in any
substantial way the scope, quality, or performance of the works; (ii) which limits in
any substantial way, inconsistent with the Bidding Documents, the Employer’s
rights or Supplier’s obligation under the Contract.

23.3 If bid is not substantially responsive, the Employer or his authorised


representative(s) has the right to reject it.

23.4 EMPLOYER or his authorised representative(s) reserves the right to use in-house
information for assessment of capability of Supplier and their performance on last
completed job.

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F AWARD OF CONTRACT

24.0 EMPLOYER'S RIGHT TO ACCEPT OR REJECT ANY BID

24.1 EMPLOYER/PMC reserves the right to accept or reject any Bid and to annul the
Bidding process and reject all Bids at any time prior to award of contract, without
thereby incurring any liability to the affected Supplier or Suppliers or without any
obligation to inform the affected Supplier or Suppliers of the grounds or the
reasons for the EMPLOYER'S action.

24.2 EMPLOYER, within 6-8 weeks of final bid due date, may invite Supplier(s) for
price negotiation at Lagos. Supplier at their own cost, shall attend such
negotiation meetings and if requested by EMPLOYER shall provide the analysis of
rates/break-up of amount quoted by him to demonstrate the reasonability. As a
result of negotiation, Supplier may offer rebate on his earlier quoted price.
Accordingly, suppliers shall keep ready including visa and vaccination formalities,
so as to participate in the negotiations within a short notice.

25.0 NOTIFICATION OF AWARD

25.1 The EMPLOYER will notify the successful Supplier in writing by Fax of Intent/
Letter of Acceptance that their bid has been accepted.

25.2 EMPLOYER/PMC shall not be obliged to furnish any information/


clarification/explanation to the unsuccessful Suppliers as regards non acceptance
of their bids.

26.0 CONTRACT AGREEMENT

26.1 Contract documents for agreement shall be prepared after the acceptance of bid.
Until the final contract documents are prepared and executed this bid document
together with the annexed documents, modifications, deletions agreed upon by
the EMPLOYER and Supplier’s acceptance thereof shall constitute a binding
contract between the successful Supplier and the EMPLOYER based on terms
contained in the aforesaid documents and the finally submitted and accepted
prices.

27.0 SIGNING OF CONTRACT

27.1 The successful Supplier shall be required to execute an AGREEMENT in the


proforma of Employer enclosed as a part of GCC.

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COMPLIANCE TO BID REQUIREMENT – FORM – A


RFQ No. : ______________________________

Item : ______________________________

Project : DANGOTE REFINERY AND PETROCHEMICALS PROJECT

We hereby agree to fully comply with, abide by and accept without variation, deviation or
reservation the entire Bidding Document and Amendment / Addendum to the Bidding
Document, if any, for subject work issued by Engineers India Limited.

We hereby confirm that any terms and conditions if mentioned in our un-priced / Priced
bid (Printed or otherwise) shall not be recognized and shall be treated as null and void.

SIGNATURE OF SUPPLIER : _______________________

NAME OF SUPPLIER : _______________________

COMPANY SEAL : _______________________

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FORM-B
EXCEPTIONS AND DEVIATIONS – FORM - B
RFQ No.:
Item:
Project: DANGOTE REFINERY AND PETROCHEMICALS PROJECT
Name of Supplier:

COST IMPACT
CLAUSE BIDDER REQUESTED
ITEM ISSUE JUSTIFICATION (refer Notes
REFERENCE DRAFTING DEVIATION
below)
1.

1. Bidder to specify the cost impact on the Contract Value against each deviation if
Employer do not accept the requested deviation and shall be considered for
evaluation.
2. Priced copy of Form – B shall be submitted along with priced bid and un-priced
copy along with the un-priced bid. Editable copy of un-priced part shall be
submitted in the form of CD.
3. In case bidder submit the deviations without any cost impact, the bid of
such bidder shall be liable for rejection.
4. Exception/ Deviations submitted in any other form shall not be considered.

SIGN & STAMP OF SUPPLIER

Sheet 15 of 16

Page 31 of 257
INSTRUCTIONS TO BIDDER
Document No.:
DANGOTE REFINERY AND A545/MR/ITB/REV.10
PETROCHEMICAL PROJECT

SAMPLE OF THE APPLICATION FORM – FORM - D

Sheet 16 of 16

Page 32 of 257
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SPECIAL CONDITIONS
OF CONTRACT
Document No. :
DANGOTE REFINERY AND A545/MR-0101/1522/SCC/REV.0
PETROCHEMICAL PROJECT

SPECIAL CONDITIONS
OF
CONTRACT

Sheet 1 of 6

Page 41 of 257
SPECIAL CONDITIONS
OF CONTRACT
Document No. :
DANGOTE REFINERY AND A545/MR-0101/1522/SCC/REV.0
PETROCHEMICAL PROJECT

INDEX

1.0 GENERAL .................................................................................................................................. 3


2.0 TAXES, DUTIES AND LEVIES .................................................................................................. 3
3.0 CUSTOM CLEARANCE ............................................................................................................. 4
4.0 PAYMENT TERMS .................................................................................................................... 4
5.0 DELAY DAMAGES ..................................................................................................................... 5
6.0 TESTS AND INSPECTION ........................................................................................................ 5
7.0 INSURANCE POLICY ................................................................................................................ 5
8.0 DEFECT LIABILITY PERIOD ..................................................................................................... 6
9.0 PROCEDURE FOR FINAL DOCUMENTATION ....................................................................... 6
10.0 PACKING & FORWARDING INSTRUCTIONS ......................................................................... 6

Sheet 2 of 6

Page 42 of 257
SPECIAL CONDITIONS
OF CONTRACT
Document No. :
DANGOTE REFINERY AND A545/MR-0101/1522/SCC/REV.0
PETROCHEMICAL PROJECT

1.0 GENERAL

Where any portion of the General Conditions of Contract is repugnant to or at


variance with any provisions of the Special Conditions of Contract, unless a different
interpretation appears, the provisions of the special Conditions of Contract shall be
deemed to over-ride the provisions of the General Purchase Conditions to the extent
enumerated hereunder and shall be to the extent of such repugnancy, or variations,
prevail.

2.0 TAXES, DUTIES AND LEVIES

(A) FOR SUPPLY:

2.1 Quoted FOB prices shall be inclusive of all applicable taxes and duties, packing &
forwarding, stowage/stevedoring, if applicable, etc. applicable up-to FOB –
International Sea Port of shipment including transit insurance up-to FOB port of
shipment. Marine Insurance shall be arranged by the Employer.

2.2 Prices for sea transportation shall be quoted extra. Employer has the option to convert
the FOB contract into CFR basis by adding the sea freight component quoted by the
Supplier.

(B) FOR SITE-WORK:

2.3 The Supplier shall bear and pay all taxes, duties, levies and charges assessed on the
Supplier or his employees and their dependants by all local, state or national
government authorities in connection with Material procurement and the Services
rendered in Nigeria.

2.4 Project site falls under “Free Trade Zone (FTZ)”. Supplier registered under FTZ, shall
be entitled for tax reliefs and waivers including ‘ZERO’ Withholding Tax and are not
required to pay any Corporate / Income Tax in Nigeria. Further, Employee Income Tax
shall also be not applicable, if the workmen stay within the Free Trade Zone (or the
Project Site is within free Trade Zone). Wherever required, supplier/sub-contractor,
shall apply through Dangote Industries Free Zone Development Company (DIFZDC)
for a particular activity or business it intends to carry on in the Free Zone by providing
certain items and payment of applicable tariff/ charges (refer “Registration process
in Free Trade Zone” as mentioned in Instructions to Bidder).

2.5 Information provided in Clause No. 2.4 above is for the purpose of guidance only and
obtaining the registration under “Free Trade Zone”. Compliance with the registration
processes remains the responsibility of Supplier and shall not absolve the Supplier
from his overall liability under the Contract.

Sheet 3 of 6

Page 43 of 257
SPECIAL CONDITIONS
OF CONTRACT
Document No. :
DANGOTE REFINERY AND A545/MR-0101/1522/SCC/REV.0
PETROCHEMICAL PROJECT

3.0 CUSTOM CLEARANCE


Custom clearance for all equipment and material required for permanent incorporation
shall be arranged and paid by Employer. However, it shall be the responsibility of the
Supplier to provide the correct documents, as specified under “Annexure – II to SCC
(Packing, Marking & Shipping)”, required for customs clearance.

4.0 PAYMENT TERMS

4.1 FOR SUPPLY [EQUIPMENT PRICE & TPI CHARGES (IF APPLICABLE)]:

- 5% against approval of Drawings, wherever required (identified in Purchase


Requisition) in at least in Code-2 & manufacturing schedule through Wire
Transfer.

- 80% against shipping documents including 100% TPI charges (If applicable) and
100% Ocean freight (in case of CFR contract) through irrevocable Letter of Credit.

- 5% through wire transfer on receipt of Final/ As built


Drawings/Documents/Data/Manual in requisite number of copies/sets/CDs as per
VDR specified in Purchase Requisition / Procedure for final documentation, as
applicable.

- 10% on successful completion of Site Work through wire transfer.

Note: In case site is not available up-to 6 (Six) months after receipt of all supplies at
site, the last 10% payment shall be released against submission of additional Bank
Guarantee of equivalent amount valid for 1 (One) year or such extended period as
may required.

4.2 FOR SITE-WORK:

- 90% against monthly progressive bills (based on agreed billing schedule) duly
certified by Construction Manager.

- 10% on successful completion and handing over of goods/equipment at site.

4.3 Performance bank guarantee shall be released on issuance of Final completion


Certificate and against submission of Warrantee bank guarantee.

4.4 Shipping Documents shall comprise of following:-

Refer Packing Marking and Shipping Instructions enclosed as Annexure-II to SCC.

4.5 In case of placement of order by DORCL, Bidders are requested to upload the
softcopy of drawings / documents on EIL Vendor Portal (eDMS) as per procedure
Sheet 4 of 6

Page 44 of 257
SPECIAL CONDITIONS
OF CONTRACT
Document No. :
DANGOTE REFINERY AND A545/MR-0101/1522/SCC/REV.0
PETROCHEMICAL PROJECT

defined in RFQ.

In addition to this, Vendor will create a FTP server at their end and after uploading the
soft copy of drawing/ documents at this ftp server will inform URL, user ID and
Password to DORCL and EIL, so that data portability and approvals are conveyed to
Bidder by EIL/DORCL, within stipulated time frame

4.6 All Payments shall be released after effecting the necessary deductions/ recoveries of
advances, as accrued thereon, if any.

4.7 The above Interim payments are subject to deductions, as applicable, as per terms of
GCC.

5.0 DELAY DAMAGES

5.1 In pursuant to clause 17 of GPC, following delay damages shall be applicable:-

One (1) percent of the total contract value per week of delay or part thereof with a cap
of 10% of the total contract value. For the purpose of delay damages total contract
value shall mean price of supplies including FOB charges & TPI charges and site-work
(if applicable). Charges for Ocean freight, supervision, training, HAZOP, AMC & other
services shall not be considered for the purpose of delay damages.

6.0 TESTS AND INSPECTION


6.1 The Supplier shall carry out the various tests as enumerated in the technical
specifications of this bid document and the technical documents that will be furnished
to him during the performance of the work.
6.2 All the tests either on the field or at outside laboratories concerning the execution of
the work and supply of materials by the Supplier shall be carried out by Supplier at his
own cost.

6.3 The Supplier shall provide for purposes of inspection access ladders, lighting and
necessary instruments at his own cost.

6.4 List of TPI agencies: Bureau Veritas, Certification Engineers International Ltd, Lloyds
(LRS), SGS, Moody, TUV Nord.

7.0 INSURANCE POLICY

7.1 In pursuant to Clause No. 27 of GPC, following Insurance shall be applicable:

7.1.1 Supply portion: Supplier shall be responsible for maintaining Insurance for the Goods
up-to Free on Board (FOB) international port of exit basis.

7.1.2 Employer shall be responsible for maintaining marine insurance and erection-all-risk

Sheet 5 of 6

Page 45 of 257
SPECIAL CONDITIONS
OF CONTRACT
Document No. :
DANGOTE REFINERY AND A545/MR-0101/1522/SCC/REV.0
PETROCHEMICAL PROJECT

(EAR) insurance.

8.0 DEFECT LIABILITY PERIOD

8.1 In pursuant to clause 1.1 of GPC, the definition of “DLP expiry date” under sub clause
(i) stands replaced by the following:-

“DLP expiry date” means “18 Months from the date of completion of work as certified
by Construction Manager/Employer”.

8.2 In pursuant to clause 20 of GPC, since contract involves supplies as well as site-work,
for the purpose of Defect Liability Period & its extension, words “delivery certificate”,
“Goods or part thereof” & “24 Months” shall be read as “completion certificate”,
“completion of work” & “18 Months” at all places appearing under Clause No. 20.

9.0 PROCEDURE FOR FINAL DOCUMENTATION

9.1 The Supplier shall adhere to Procedure for Final Documentation as per, enclosed as
Annexure-I to SCC (A545-000-07-41-FD-01).

10.0 PACKING & FORWARDING INSTRUCTIONS


10.1 The Supplier shall adhere to Packing, Marking & Shipping specifications as per
Annexure-II to SCC (A545-000-07-41-SH-01).

Sheet 6 of 6

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PROCEDURE FOR SUBMISSION OF FINAL
DOCUMENTS

Page 1 of 10

ANNEXURE - I to SCC

PROCEDURE FOR

SUBMISSION OF FINAL DOCUMENTS

OF

DANGOTE OIL REFINING COMPANY


LIMITED

A 27.10.2014 Issued for implementation UP DG SSM

0 09.12.2014 Revised & Reissued for Implementation VP DG SSM

Rev. No Date Purpose Prepared by Checked by Approved by

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL – All rights reserved

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PROCEDURE FOR SUBMISSION OF FINAL
DOCUMENTS

Doc. No. A545-000-07-41-FD-01

Page 2 of 10

INDEX
1.0 PURPOSE 3

2.0 SCOPE 3

3.0 COMPONENTS OF FINAL DOCUMENTS 3

4.0 FILE FORMAT OF DOCUMENTATION FOLDER 6

5.0 SUBMISSION OF DOCUMENTS 7

6.0 CHECK LIST OF DOCUMENTS 9

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1. PURPOSE:

1.1 This procedure shows how to compile and submit the Final Documents to DORC by any agency
executing a specific job against a W.O. or a P.O. issued by DORC or by any agency on behalf of
DORC.

1.2 Final Document as per these guidelines shall be prepared in addition to the documents issued
during project execution, which is normally released in piece meal basis while the job is in
progress.

1.3 This is a general guideline for all projects of DORC. Any addition or deletion of the clauses based
on the specific project requirement shall be approved by PMC or the Engineer-in-charge of DORC.
An approved deviation note shall be furnished for this purpose.

2. SCOPE:

Scope comprise of Preparation, compilation and submission of Final Documents by Suppliers,


Contractors, Site Fabricators etc. related to Purchase Orders, Item Rate Contracts and Package
Contracts executed for Dangote Refinery and Petrochemical Project.

3. COMPONENTS OF THE FINAL DOCUMENTS

3.1 Final Documents

Final Documents shall be compiled and the revision control shall be maintained by the respective
vendors/ contractors/ supplier or the similar agency of the project. At the completion of the
project complete and updated set of documents with all latest revisions shall be handed over to
DORC.

3.2 Document Control Index (DCI)

These shall be treated as a key document for reviewing completeness of documentation at any
point of time. It shall show details of documents/ drawing applicable for any equipment / system /
service. Master Drawing/Document Index shall have following columns:-

Unit Job Doc Sr. Drw./Doc Rev No of Equip Drawin Remarks


No Folder No. . No. . Sheet . g Title
No.

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Page 4 of 10

Rev Date Prepared Checked by Approved by Approved by


by PMC/Consultant DORC

3.3 SECTIONS OF THE FINAL VENDOR/ENGINEERING DOCUMENT FOLDER

3.3.1 Section A : Contents

Shall have following columns:-

Sr. No. Drawing No. Rev. No of Sheet Equipment Drawing Title

This content to be certified by the DORC approved/appointed TPIA (Third Party Inspection
Agency) or PMC as applicable.

3.3.2 Section B : Technical Documents/Drawings

Followings are the probable various subsections:


(Refer Document Requirement Sheet attached with respective MR for exact details)
Sr no. Documents
1 Detailed technical P.O. with PR / Engineering Specification / Design
Basis / Design Calculation
2 Equipment list.
3 As-Built Specification sheet / data sheet
4 Performance Curve
5 General arrangement drawing
6 Cross Sectional drawing
7 Assembly drawing, Fabrication Drawing
8 Part Drawing
9 Flow Sheet (System Drawing, P&IDS, Utility Flow Dia., etc.)
10 Layout Drawing
11 Sequence Diagram
12 Foundation Information Document for Foundation Design
13 Line schedule
14 Piping general arrangement Drawing
15 Piping general arrangements drawing for support.
16 Pipe Support drawings / Standards
17 Line wise bill of materials and summary
18 Drawings /catalogues, for special items like spring/hangers/ expansion
bellows etc

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19 Instrument schedule, specifications, data sheets


20 Instrument logic diagram, Installation diagram, cable schedule, loop
drawings
21 Wiring Drawings for Instrumentation and Electrical Systems
22 Confirmation Items for Motors
23 Utility and Chemical Consumption Data
24 Lubricants List
25 Details documents & drawings of Bought-out Component, Catalogues
26 Vendor's Engineering drawings for bought out items
27 Process and mechanical Design / Strength calculations
28 Piping material specification
29 Equipment specification
30 Any other items

3.3.3 Section C : Manual / Procedures

Sr no. Documents
1 Fabrication Procedure / Sequence
2 Inspection and Test Procedures
3 Protection and Preservation Procedures
4 Procedures for Erection and Commissioning
5 Installation Manual
6 Operation Manual
7 Maintenance Manual

3.3.4 Section D : Inspection and Test Records

3.3.5 Section E : Spare Parts and Tool List

3.3.6 Section F : As built drawings

In this section as built drawings for all site fabricated items, engineering drawings like
P&IDs, piping, civil, electrical instrumentation, plot plan, line schedules, pipe supports
index/register, piping isometrics etc shall be compiled.

The file format shall be labeled as mentioned in section B

All as built drawing/tracing shall be approved by authorised signatory of (with sign & seal)

3.3.7 Section G : Digital Copy


1. Digital copy (2 nos) shall be submitted in branded CD-ROM with labels as per section B.

2. All drawings shall be provided in properly formatted, printable format PDF File.

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3. Manuals and others documents shall be on MS Word / Excel or on PDF format.

4. Test reports and the documents which are not prepared in Word or Excel shall be
submitted on scanned images readable and printable in common window based imaging
software like TIF or PDF format.

3.4 FIELD INSPECTION DOCUMENTATION

3.4.1 A detailed index to the content shall be available at the beginning of each file

3.4.2 Each inspection reports shall be indexed with the report number and number of pages

3.4.3 All Documents/Reports shall be approved in its totality by stamping & signing the Master
Indexes as per section 3.2

3.4.4 All reports shall be in original. Engineer–in-charge/ TPIA of DORC must approve any deviation
on this.

3.4.5 Radiography films shall be indexed and included with the final documentation package.

3.4.6 All radiographic films shall be put in an aluminum box/container with lock and key.

3.4.7 As built drawings if any shall be compiled as per section 3.3.6

4. FILE FORMAT OF DOCUMENTATION FOLDER

4.1 Filing : As far as possible separate folder has to be prepared for each equipment / system /
service, however if documentation for a particular equipment / system /service are required to be
filed in more than one files due to the volume, identical folder no. suffixing numbers of files e.g. 1/5,
5/5 etc shall be mentioned. On the other hand if the volume of documentation is less one folder may
be used for more than one equipment of the same group, e.g. two or more pumps may be filed in
one file, but not pumps, compressors, exchanger etc in one single file.

Each volume shall contain title block on cover,( as per exibit-1), and must have index of contents
inside with page numbers on each sheet.

4.2 Drawing Filing : Each single drawing shall be put in separate transparent drawing pouch and shall
not be punched.

4.3 File size : All documents and drawings shall be compiled in A4 size hard bound plastic file(s) (
size :28cm x 31cm), with 3-rings. Thickness of the file can be, 4.0, 6.0 cm or 7.5 cm based on the
volume of documents. Colour of file shall be white.

4.4 Document size : The documents / drawings submitted in file shall be in its original size
(A0/A1/A2/A3/A4), and to be folded in A4 size to accommodate in the A4 size drawing pouch as
mentioned in 3.2., while all tracings shall be in their original size.

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4.5 Stamping/ labeling: Following information / format shall be incorporated in documents and files.

Title block for each document / drawing

Each document and drawing shall have a stamp as

FINAL AS-BUILT

File label: Each file shall display following information on its spine and front

5. SUBMISSION OF DOCUMENTS

5.1 All final documents duly compiled by this procedure alongwith deviation note as mentioned in
section 1.3 shall be handed over to EIL Document Control Centre at Lagos.

The Document Distribution Matrix shall be as under:

Sr.No. Address Hard Copies Digital Copy on


Optical disk
Resident Construction Manager
Engineers India Limited
1 2 Transmittal Copy
Project Site Office
Lagos, Nigeria
Mr. Yogesh Mohan
Document Controller
EIB-10th Floor
2 Transmittal Copy 1
Engineers India Limited
1, Bhikaji Cama Place
New Delhi , India
Project Ware House
Engineers India Limited
3 Transmittal Copy Transmittal Copy
Project Site Office
Lekki FTZ,Lagos,Nigeria
4 Mr. Mukesh Varshney Transmittal Copy 1

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Page 8 of 10

5.2 Completion Certificate from PMC or DORC approved/appointed TPIA (Third Party Inspection
Agency), as per following format shall be attached in all document folders.

COMPLETENESS OF FINAL DOCUMENTATION

NAME OF SUPPLIER/CONTRACTOR:
CUSTOMER
PROJECT
EIL JOB NO
PO NO/CONTRACT NO
PR NO/TENDER NO
NAME OF WORK/EQUIPMENT
TAG NO
SUPPLIERS/CONTRACTOR’S WORKS ORDER NO.

This is to certify that the above mentioned document folder is duly checked by us and
found complete in all respect as per final documentation procedure No. A545-000-07-
41-FD-01

Signature & Stamp Date:


Engineers India Limited
Name:
Designation:

5.3 Piecemeal submission shall be avoided.

5.4 If any document /drawing is required to be submitted at a later date after submission of final
folder, same shall clearly appear in the content (section 3.3.1) with a note "LATER" duly approved by
PMC .

5.5. Number of sets of Final Documents

Sr.No. Document Group # Copies Digital File

Vendor / Engineering Documentation /


1 2 2
Drawings (As-Built Final)
Final Field Inspection Reports
2 1 6
(Drgs/Documents)

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6. CHECK LIST OF FINAL DOCUMENTS

S.NO. DESCRIPTION YES / NO


1 COMPLETION DOCUMENT CERTIFICATE (DULY SIGNED BY EIL/ TPI) IS
ENCLOSED WITH THE DOCUMENTS
2
DOCUMENTS ARE COMPILED AS PER FINAL DOCUMENT PROCEDURE
3 ALL DOCUMENTS ARE CERTIFIED BY EIL / TPIA – AS APPLICABLE

4 P.R. COPY ATTACHED

5 FINAL DATA SHEET, DESIGN DATA, BOUGHT OUT DOCUMENT ARE


AVAILABLE
6
INDEX SEPARATORS ARE USED TO IDENTIFY THE DOCUMENTS
7 AS BUILT DRAWINGS ARE SUBMITTED IN FILE

8 DRAWINGS ARE ATTACHED IN INDIVIDUAL POUCH / POCKET

9 DRAWINGS ARE FILED IN FILE WITH INDEX

10 SOFT COPY OF DOCUMENTS ARE SUBMITTED

11 SOFT COPY OF DRAWINGS ARE AVAILABLE

12 DOCUMENTS ARE COMPLETE AND IN GOOD CONDITION

13 FILES / FOLDERS / DOCUMENTS HAVE BEEN LABELLED AS PER FINAL

DOCUMENT PROCEDURE

14 FOLDERS / FILES ARE IN GOOD CONDITION

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Page 10 of 10

EXIBIT: 1 (Sample Only)

DANGOTE REFINERY & PETROCHEMICALS PROJECT


DANGOTE OIL REFINING COMPANY

FINAL DOCUMENTATION
FINAL DOCUMENTATION

PO No.
FOR
JOB NO. : A545

UNIT : UNIT/OFFSITES

PO NO. : XXXXXXX

EQUIPMENT : XXXXXXXX

VOLUME NO. : 1 of 2 UNIT

OFFSITES
PR NO. : A545-000-MF-PR-XXXX/XXXX
Licensor’s
DESCRIPTION : OPERATING & MAINTENANCE MANUAL Logo

Licensor Licensor
Logo Licensor Name

Contractor’s
Consultant Logo
ENGINEERS INDIA LIMITED, NEW DELHI

Supplier’s Supplier Vol: 1 of 2


Logo

Format No. 8-00-0001-F2 Rev. 0 Copyright EIL – All rights reserved

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DOCUMENT No.
PACKING, MARKING, SHIPPING AND
A545-000-07-41-SH-01
DOCUMENTATION SPECIFICATIONS FOR
EQUIPMENT AND MATERIALS
Page 1 of 13

ANNEXURE - II to SCC
PACKING, MARKING, SHIPPING AND
DOCUMENTATION SPECIFICATIONS FOR
EQUIPMENT AND MATERIALS

B 12.06.2015 Issued for comments TR RKS SSM

A 14.11.2014 Issued for comments TR RKS SSM

Rev. No Date Purpose Prepared by Checked by Approved by

Copyright EIL – All rights reserved

Page 57 of 257
DOCUMENT No.
PACKING, MARKING, SHIPPING AND
A545-000-07-41-SH-01
DOCUMENTATION SPECIFICATIONS FOR
EQUIPMENT AND MATERIALS
Page 2 of 13

Abbreviations:

ADR - Accordance Dangerous Route

CFR - Cost & Freight

CIF - Cost, Insurance & Freight

CMS - Centimeters

DDP - Delivered Duty Paid

DG - Dangerous Goods

DORC - Dangote Oil Refinery Company

ETA - Estimated time of arrival at Destination Port

ETD - Estimated time of Departure at the Port of Loading

EXIM - Export & Import Policy

FCA - Free Carrier

FOB - Free on Board

HT - Heat Treatment

IATA - International Air Transport Association

IMDG - International Maritime Dangerous Goods

ISPM 15 - International Standards of Phytosanitory Measures 15

KGS - Kilograms

MM - Millimeter

MSDS - Material Safety Data Sheet

MT - Metric Ton

NB - Nominal Bore

NO. / NOS. - Number / Numbers

PO - Purchase Order

UN NO - Unique Identification Number given for Hazardous Goods

Copyright EIL – All rights reserved

Page 58 of 257
DOCUMENT No.
PACKING, MARKING, SHIPPING AND
A545-000-07-41-SH-01
DOCUMENTATION SPECIFICATIONS FOR
EQUIPMENT AND MATERIALS
Page 3 of 13

1.0 GENERAL:

These specifications form an integral part of the Purchase Order. These shall be strictly adhered
to & any loss arising out of non-compliance (unless authorized differently) shall be to
supplier’s account.

2.0 PROJECT :

Name of the Owner, Project, Location and other relevant information shall be as per the
relevant annexure(s) to the Purchase Order / Contract.

3.0 PACKING:

3.1 Packing shall withstand hazards normally encountered with the means of transport for the
goods of this Purchase Order including loading / unloading operation both manual as well as
mechanical. All packaging shall be done in such a manner as to reduce volume & weight as
much as possible, without jeopardizing the safety of the material. All packing materials shall
be new and unless otherwise specified, shall be of packer’s standard for export shipments.

3.2 Fragile articles should be adequately packed with special packing materials depending on
type of materials.

3.3 Chemicals in powder form, catalysts, refractories & like materials etc. shall be packed in
drums only unless otherwise specified.

3.4 The hazardous materials shall be packed in accordance with and in cognizance to the
applicable rules, regulations and tariff of all Governmental Authorities and other Governing
bodies. It shall be the responsibility of the supplier of hazardous materials to designate the
materials as hazardous and to identify each material by its proper commodity name and its
hazardous materials class code. Safety and emergency procedures shall be displayed
outside the package.

3.5 Pipes / Tubes (Carbon Steel, Alloy Steel, Stainless Steel) shall be packed as under :
a) Up to 25 mm NB in Wooden cases / crates.

b) Above 25 mm NB and up to 100 mm NB in Bundles. The bundle should be


strapped at minimum three places. The weight of the individual package shall
not be more than 10 MT.

c) Above 100 mm NB in loose or as per supplier’s standard practice.

Individual cases / bundles must contain the pipes of same size and length. Ends
of the pipes shall have full cover protection, to avoid damage to bevel end.

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3.6 Pipes / tubes made of non-ferrous material shall be packed in wooden cases irrespective of
sizes.

3.7 Pipe Fittings and Flanges shall be crated with suitable protection / plastic caps on bevel end
/ Flange face of each individual item.

3.8 All delicate surfaces on equipment / material should be carefully protected and painted
with protective paint / compound and wrapped to prevent rusting and damage.

3.9 All mechanical and electrical equipment and other heavy articles shall be securely fastened
to the bottom of the case and shall be blocked and braced to avoid any displacement /
shifting during transit.

3.10 All packages requiring handling by crane should have sufficient space at appropriate
place to put slings. Iron / steel angle should be provided at the place where sling markings
are made to avoid damage to package / equipment while lifting. Centre of gravity shall be
marked on the package.

3.11 All threaded fittings and pipes should be greased and provided with plastic caps.

3.12 Attachments and spare parts of Equipment and all small pieces shall be packed
separately in wooden cases with adequate protection inside the case and should be sent
along with the main equipment unless specified elsewhere. Each item shall be suitably
tagged with identification of main equipment, item denomination and reference number of
respective assembly drawings. Each item of steel structure and furnace shall be identified
with two erection markings with minimum lettering height of 15 mm. Such marking will be
followed by the connection number in indelible ink / paint. A copy of the Packing List shall
accompany the material in each package.

3.13 All protrusions shall be suitably protected and openings shall be blocked by wooden / steel
covers as may be required.

3.14 Wherever required, equipment / materials / instruments shall be packed in polythene bags
and silica gel or similar dehydrating compound shall be put inside the bags to protect them.

3.15 Packaging for all rotating mechanical Equipment and electrical / instrument items shall be
suitable for storage in open yard for at least one year. All the packing shall be suitable for
sea worthy transportation period of 3 months.

3.16 The supplier shall be held liable for all damages or breakages to the goods due to the
defective or insufficient packing as well as for corrosion due to insufficient
protection.

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3.17 Detailed case-wise packing list in water proof envelope shall be inserted in each Package
together with equipment / material. One copy of “Detailed Packing List” shall be
fastened outside of the package in water proof envelope and covered by metal cover. In
case of bigger dia pipes and large Equipment, documents contained in the envelope shall
be fastened inside a shell connection with an indentifying arrow sign “Documents” applied
with indelible and visible paint.

3.18 Packaged equipment or materials showing damage, defects or shortages resulting from
Improper packaging materials or packing procedures or having concealed damages or
shortage at the stage of unpacking, shall be subject to rejection and replacement at no
additional cost to the Owner.

3.19 SPECIAL PACKAGING REQUIREMENTS:


a) All raw/solid wood packaging material used for packaging shall be appropriately treated
and marked as per ISPM-15 (International Standards of Phytosanitary measures 15) OR
shall be accompanied by a Phytosanitary Certificate with the treatment endorsed.

b) The treatment of raw/solid wood packaging material prior to export shall include either
Methyl Bromide (MB) @ 48 g/m3 for 16 hrs at 21°C and above or any equivalent thereof
or heat treatment (HT) at 56°C for 30 min (core temperature of wood) or Kiln Drying (KD)
or Chemical Pressure Impregnation (CPI) or any other treatments provided that these
meet the HT specifications of the ISPM-15.

c) However, the above conditions shall not be applicable to wood packaging material
wholly made of processed wood products such as ply wood, particle board, oriental
strand board of veneer that have been created using glue, heat and pressure or
combination thereof. The above conditions shall also not be applicable to wood
packaging material such as veneer peeler cores, wood wool & shavings and thin wood
pieces (less than 6mm thickness) unless they are found to be harbouring any pests.

3.20 CONTAINER CARGO:

a) The cargo inside the container shall be stuffed in such a way that minimum clearance
between the ‘package’ and container is ensured, to provide space to pull the package(s)
inside container using the forklift, during de-stuffing of the cargo smoothly at
destination.

b) Goods should not be stacked in Containers in such a manner that they get damaged at
the time of Unloading. Safety of goods should not be compensated for saving Container
space. Also, when Containers are not completely loaded, proper protection should be
given to the boxes / cases / Equipment to prevent them from colliding with each other /
container surface.

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3.21 HAZARDOUS (DG CARGO):

Products classified as dangerous for transporting according to the MSDS –Materials


Safety Data Sheet - (e.g. pressurized containers or cylinders, paints, electrolytes,
batteries, Sealants, Catalysts, Chemicals etc.) shall be packaged and labelled according
to the IMDG (International Mari time Dangerous Goods) - ADR (Accord Dangerous
Route) - IATA ( International Air Transport Association ) for shipment by road , sea and
air. To this end, the products shall be packaged in accredited containers. A coloured
danger label shall be placed on the container based on the class to which the substance
belongs according to the MSDS together with all information required under the various
international regulations that vary according to the type of transport (e.g. UN No.,
Proper Shipping Name, etc.).

Supplier to inform Owner on the following in detail after shipment of Cargo:

- Hazard Identification
- Fire Fighting Measures
- Accidental Release Measures
- Handling & Storage.

4.0 MARKING

4.1 All weights, dimensions and number of pieces mentioned in the shipping mark, the
Packing List, the Customs Invoice, and the Certificate of Origin shall be synchronized and
in accordance with the actual final data of the packages.

4.2 Each package shall be marked on the three sides, with proper pain/indelible waterproof
ink as follows:

SHIPPER’S / CONSIGNER’S NAME : <to be advised later>

CONSIGNEE : XXXXXXXX (To be communicated)

PURCHASE ORDER NO :...........................

NET WT. . . . . . . . . . . . . KGS./MT. GROSS WT. . . . . . . . . . . . . . . . . KGS./MT.

DIMENSIONS . . . . .. . . . . . . (L) x . . . . . . . . . . . (W) x . . . . . . . . . . . . . (H)

TOTAL VOLUME : IN CUBIC METER (for calculating Freight Tons)

PACKAGE NO. : 1 of ..., 2 of ..., etc. (Sl. No. of total Packages)

TAG/ITEM NO :........... ................ ..........

COUNTRY OF ORIGIN :......................................

PORT OF DISCHARGE :......................................

PROJECT NAME : XXXXXXXXXXXXXX (To be communicated)

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4.3 Additional marking as handle with care’, ‘this side up’, ‘fragile’ or any other additional
indications for protection and safe handling shall be added depending on the type of
materials. All cases will bear warning signs on the outside denoting Centre of Gravity and
Sling Marks.

4.4 Letter figures, marks etc. used for marking shall be stencil printed or other suitable
method. Hand writing should be avoided as far as possible. Size of letters shall be
optimum for each package dimensions.

4.5 In case of Bundles or other packages wherever marking cannot be stencilled the same
shall be embossed on metal or similar tag and wired securely at minimum two
convenient points.

4.6 The details of the Owner / Project are defined specifically in the Purchase Order /
Contract.

5.0 SHIPPING :

5.1 The shipping must be arranged under deck unless carriage on-deck is unavoidable, in
first class vessel registered in countries who are members of International Development
Association (World Bank).

5.2 Adequate notice of not less than 6 weeks about the readiness of the cargo for shipment
should be given by the seller to Owner.

6.0 DOCUMENTATION

6.1 All documents shall be in clear and legible English Language.

6.2 DOCUMENTS REQUIRED BEFORE SHIPMENT

a. Seventy Five (75) days before the contractual delivery date, Proforma Invoice,
packing lists and Sketches of over dimensioned cargo shall be air mailed/courier as
follows:

ENTER NAME & ADDRESS OF SHIPPER / CONSIGNEE (To be communicated) – 2


Copies.

b. The over dimensions cargo shall mean any package exceeding any of the following
limits.
WEIGHT 20MT
LENGTH 13.716 METERS
WIDTH 2.997 METERS
HEIGHT 2.763 METERS.

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6.3 Documents required after shipments:

a. The Vendor shall airmail the Shipping documents stated herein below as quickly as
possible after the shipment has been made so that the same are received at least
two weeks prior to the arrival of vessel at destination port.

b. The bidder shall be fully responsible for any delay and/or demurrage of delay in
transmittal of shipping documents.

Copy of Shipping Documents:


In respect of each import transaction the following documents are needed.

1. Bill of Lading
2. Invoice
3. Combined Certificate of Value and Origin(CCVO) on Form C16
4. Packing List
5. Manufacturer’s Certificate of Production
6. Compliant Certificate
7. LC Conformity Certificate
8. No Further Drawdown Certificate
9. Fumigation Certificate
10. Phyto sanitary Certificate - SON, NAFDAC etc.

BILL OF LADING - 3 Copies MASTER BILL OF LADING - IN ORIGINAL


a) Freight Prepaid
b) Consignee to be the Bank or NEPZA Company – as prescribed by DORC
c) Notify – DORC
d) FORM M, BA and LC numbers must be indicated on Bill of Lading and allied
shipping documents
e) Description of Goods as in Invoice and invoice no & date should be identical
with Packing list.

COMMERCIAL INVOICE - 4 Copies, Duly signed and stamped


Commercial Invoice shall, inter alia, indicate

a) Purchase Order No.


b) Shipper’s full address, telephone number and e-mail address
c) Consignee (full address) in top left corner
d) § Invoice number
e) § Invoice date
f) § Page number (when the invoice consists of more than one (1) page)
g) § BUYER’s Purchase Order number and possible Supplement number
h) Complete description of GOODS and packing details
i) Applicable BTN / HSN number of the material Invoiced, per line item: HS-
code: xx xx xx xx (8 digits) in a separate column
j) § Each item, including the unit and total price

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k) Gross and net weight per package, and total weight


l) Marks and numbers
m) Country of Manufacturing
n) Delivery terms and payment terms
o) Value as per delivery term.
p) Stamp and signature of Shipper
q) Free Zone Licence Number (Import Licence Number) ENTER FREE ZONE
LICENCE NUMBER (To be communicated)
r) Customs Contract, Registration Reference (to be intimated later)
s) Country of Origin.
t) It should contain Form M, BA and LC numbers
u) Description of goods as mentioned in Proforma
v) Invoice number and Date
w) Unit Price
x) Quantity
y) Total amount in USD/Euro
z) Total FOB value
aa) Freight Cost ( Ocean/Air)
bb) Total CFR Apapa / Tincan Port, Lagos – VALUE in USD/Euro

 COMBINED CERTIFICATE OF VALUE AND ORIGIN in FORM C16 - 3 Copies, certified


by the SELLER’s local Chamber of Commerce

a) It should have Form M, BA and LC number


b) Description of goods – identical with Invoice and BL
c) Country of Origin
d) Country of Supply
e) Port of Destination in Nigeria ( Apapa/ Tincan Sea Port)
f) FOB, Freight and CFR values
g) Date of Shipment
h) Vessel Name and voyage number
i) Bill of Lading number

PACKING LIST- 4 Copies, Duly signed and stamped


a) It should contain Form M, BA and LC numbers – identical in all pertaining to
the particular shipment
b) Invoice No and Date
c) Description of goods as per the invoice
d) Individual description of goods
e) Unit of measure and quantity item wise
f) Packing Marks/ numbers
g) Kind of packing
h) Dimensions and volume of the items
i) Weight of the items – Net and Gross weight
j) Total quantity

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k) Total Net weight


l) Total Gross weight
m) Shipping marks

MANUFACTURER’S TEST/ANALYSIS CERTIFICATE OF PRODUCTION- 3 Copies


a) The name of the product
b) Country of Origin
c) Specifications of the Product
d) Date of manufacture
e) Batch 0r Lot No. if any
f) Standards to which the goods have been produced – NIS, BS,ISO,IEN,DIN etc

COMPLIANT CERTIFICATE – Beneficiary Certificate


a) Certificate issued by the Beneficiary stating that following documents have
been forwarded to DORC not later than 7 days after shipment
b) CCVO on Form C16( One Original & one Copy),
c) One Original and one copy of Clean/ Shipped on board Bill of Lading ( Liner
Own)
d) One Original and one copy of Commercial Invoice
e) One Original and one copy of Packing List
f) One Original and one copy of Manufacturer’s Certificate of Production

LC CONFORMITY CERTICATE – Beneficiary Certificate


a) Certificate issued by the Beneficiary stating that the Products/Cargo have
been delivered in conformity with the terms of LC and that all necessary
documents have been forwarded to the consignee and that payment of the
invoice for the delivery is properly due to them and would be exclusively
used for the settlement of the invoice.

NO FURTHER DRAW DOWN CERTIFICATE – Beneficiary Certificate


a) Certificate issued by the Beneficiary stating that there is further shipment
or no further shipment and accordingly there will be further draw down or
no further draw down on the Letter of Credit.

FUMIGATION CERTIFICATE – Only for Wooden Packaged Cargo


b) Wood used for packaging/ palletizing should have been fumigated and a
certificate to that effect should produced.

PHYTOSANITARY CERTIFICATE - For plant and plant products only

 EX-1 document and/or other government prescribed customs export related


documents,
 Catalogue and/or drawing - 2 Copies
 Material Safety Datasheets (MSDS)
 Certificate of Measurements & Weight

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 Freight Memo
 IMO Dangerous Goods Declaration (for sea freight) and/or
 CONSIGNER’s/ Shipper’s Declaration for Dangerous Goods (for airfreight),

These documents shall be prepared as described in here and accompany the


shipment as one package.

NOTE: In addition to above, complete set of documents are required to be sent to


Purchase through Bank, in terms of LETTER OF CREDIT.

BILL OF LADING: Bill of Lading shall be ‘Clean on Board’ Ocean Bill of Lading made
in favour of: XXXXXXXXXXXXXX (To be communicated)

*Bill of Lading/Air Waybill, the Invoices and Packing List shall be itemised with
prices for each item in the list.

*The Bills of Lading shall indicate that the consignee of the goods is the Licensee
and specify the Licensee’s address as being “address of the Free Zone in which
the Licensee is located” which is:

ENTER FREE ZONE ADDRESS OF CONSINEE: Shall be advised by Consignee Prior


to Shipping Document Review / Prior to Shipment.

Clearance of goods may not be through Nigeria Export Processing Zones


Authority (NEPZA), however normal clearance where concessions will apply.

* For delivery by sea, the commercial invoice relating to the goods shall indicate
the amount ascribed to insurance of the goods during the voyage, even if the
terms of sale are Ex Works, FOB, C&F or otherwise.

*“Port of Discharge” or “Airport of Final Destination” as the case may be shall be


clearly specified.

*Shipping line/airline to have a separate manifest for goods to be delivered to


the Free Zone.

NOTE: Free Zone status will be intimated later, however, much before actual
shipment.

COMMERCIAL INVOICE: Commercial Invoice shall, inter alia, indicate

 Purchase Order No.


 Shipper’s full address, telephone number and e-mail address
 Consignee (full address) in top left corner
 § Invoice number
 § Invoice date
 § Page number (when the invoice consists of more than one (1) page)
 § BUYER’s Purchase Order number and possible Supplement number

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 Complete description of GOODS and packing details


 Applicable BTN / HSN number of the material Invoiced, per line item: HS-
code: xx xx xx xx (8 digits) in a separate column
 § Each item, including the unit and total price
 Gross and net weight per package, and total weight
 Marks and numbers
 Country of Manufacturing
 Delivery terms and payment terms
 Value as per delivery term.
 Stamp and signature of Shipper
 Free Zone Licence Number (Import Licence Number) ENTER FREE ZONE
LICENCE NUMBER (To be communicated)
 Customs Contract, Registration Reference (to be intimated later)
 Country of Origin.

Besides, the description in the notice shall be in conformity with the Purchase
Order.

6.4 PACKING LIST: Packing list must show, apart from other particulars, actual contents in
each case, net and gross weight and dimensions and the total no. of packages. In case of
pipes & plates in bundles, no. of pipes / plates with individual length in each bundle must
be indicated.

7.0 SHIPPING ADVICE: Within 24 hours after shipment, the bidder shall send shipping advice by
way of Fax/E- MAIL to:

ENTER CONCERNED OFFCIAL OF PMC / DANGOTE’S NAME, ADDRESS AND CONTACT NO.
(PHONE/FAX), MAIL ID (To be communicated)

Giving particulars of the shipment, Vessel’s Name, Port of Shipment, Bill of Lading Number and
date, content in brief, Purchase Order Number, Total of FOB and Freight values, number of
packages and total gross weight.

ADDRESSES OF DORC PORT OFFICES / PMC OFFICES

This will be intimated to successful bidders.

8.0 TRANSIT RISK INSURANCE: All Equipment / materials shall be insured against all marine and
transit risks on warehouse to warehouse basis by owner and the necessary dispatch intimation
shall be sent to the underwriters of Owner (as detailed in the Purchase Order) by vendor.
However, the vendor shall ensure that in effecting shipments clean Bill of Lading is obtained
and the carrier’s responsibility is fully retained on the carrier so that consignee’s interest are
fully safeguarded and are in no way jeopardized.

9.0 SHORT SHIPMENTS: Supplier should thoroughly check all the items packed before shipment. If
any item(s) are found short-packed in sound boxes on examination at project site by Owner

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(DORC), supplier shall be responsible to supply short-packed items free of charge (on Delivery
Duty Paid at site basis), on receipt of advice from Owner.

10.0 Supplier shall advise freight forwarder to indicate on the Bill of lading / Airway bill that the
subject import into Nigeria is as per the provision of EXIM Policy prevalent in Nigeria.

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TERMS & CONDITIONS FOR
INSTALLATION / SITE WORK
Document No. :
A545/MR-0101/1522/T&C-
DANGOTE REFINERY AND
SITE/REV.0
PETROCHEMICAL PROJECT

TERMS & CONDITIONS FOR INSTALLATION / SITE WORK

Project : DANGOTE REFINERY AND PETROCHEMICALS PROJECT


Employer : M/s DANGOTE OIL REFINING COMPANY LTD

1.0 The Supplier shall perform their jobs in eco-friendly manner totally in compliance with
Laws of Nigeria.

2.0 Construction / erection work for several other project facilities at various locations
within refinery site will be progressing concurrently. It will be the responsibility of
Supplier to seek approvals from EMPLOYER/EIL for working within & outside the
refinery limits and also of taking all suitable safety measures as per regulations in
force for the safety of existing refinery.

3.0 The material shall be collected by the Supplier from Employer’s stores/Project
Site/Supplier’s own stores (as the case may be) and transport to the erection site at
Supplier’s cost and risk.

4.0 All labour (both skilled and unskilled), tools, tackles and consumables, shall be
arranged by Supplier at his own cost. The Supplier shall employ Local Laborers to
the extent of requirement of unskilled laborers. All other categories of workers
including Skilled / Semi-Skilled can be brought from their home country or other
countries if it is beneficial or more convenient for the Supplier.

5.0 The Supplier shall not recruit personnel of any category from those who are already
employed by the other agencies working at Project site.

6.0 SUPPLY OF DRINKING WATER, POWER & OTHER UTILITIES

6.1 Shared accommodation with water and power shall be provided by Employer within
the Project Site free of Cost. Additional space required for Supplier to arrange for
Canteen facilities for their staff shall also be provided by Employer at Project site free
of Cost. However, cost of mess facility shall be borne by the Supplier.

6.2 Perimeter security within the Project Site shall be arranged by Employer. However,
Supplier shall be responsible for safety of their own machinery and materials.

7.0 SUPPLY OF CONSTRUCTION WATER, POWER & OTHER UTILITIES


The Contractor shall, be responsible for the provision and cost of all power, water
(including electricity) and other services he may require in connection with the
construction activities.

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TERMS & CONDITIONS FOR
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Document No. :
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DANGOTE REFINERY AND
SITE/REV.0
PETROCHEMICAL PROJECT

8.0 INSURANCE

8.1 Though insurance for the project for permanent incorporation of material and
services shall be covered by EMPLOYER under Marine cum Erection Insurance.
Supplier / sub-contractor shall take insurance as per international practice including
the following:

a. Workman’s compensation insurance, covering all employees of supplier / Sub-


contractor and their personnel for statutory benefits as set out and required by
law (Indian in the area of operation or area in which supplier / sub-contractor
may become legally obliged to pay benefits for bodily injury or death.

b. Transit / Travel insurance and Medical insurance of their personnel.

c. Insurance against fire, theft, damages and loss of all property owned by
supplier / sub-contractor at the construction site.

d. Group Personnel Accident insurance covering supplier/sub-contractor’s


employees, not otherwise already covered under above, and operating from
project site as per supplier / sub-contractor’s established practices.

e. Cover against all risk for the materials issued by Employer.

f. Supplier shall be working at site along with agencies that will be engaged in the
other activities. For this purpose the third party risk shall also be covered by
Supplier.

9.0 TEMPORARY IMPORT PROCEDURE

9.1 For the purpose of bringing in the equipments, tools and tackles to Project Site in
Nigeria, for carrying out and its re-exporting to the country of origin, the following
procedure needs to be followed by Supplier to avail duty free import of
Construction Equipments brought under Temporary Import Permit, in Nigeria.
However, port clearing charges, as applicable, shall be borne by the Supplier:

For temporary import in Nigeria, bidder has to generate the following:

1. Proforma Invoice
2. Packing list (Equipment List)
3. Technical data and brochures with photos of equipment

The data, as indicated below, must be indicated in the Proforma Invoice:


a. Suppliers name and address with telephone number, Fax number and e-mail
address
b. Description of goods
c. Unit price
d. Country of Origin
e. Port of Supply
f. Port of Destination
T&C – SITE WORK –A545 Rev 0 Page 2 of 4

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DANGOTE REFINERY AND
SITE/REV.0
PETROCHEMICAL PROJECT

g. “Export for re-importation” must be indicated on the invoice in the bold letters.
h. Period (for how many years the import permit is required)

With the above details an application should be made to Nigeria Customs Service
(NCS), Abuja requesting for the Temporary Import Permit.

The address is as below:

Nigeria Customs Service Headquarters


Abidjan Street, Wuse, P.M.B. 26, Zone 3,
Abuja- FCT, Nigeria
Telefax : 09 5234694

When customs is satisfied with the details, they will advise Employer to produce
Guarantee Bond for certain amount based on the total value of the import along
with printed form. Employer shall thereafter submit the form along with Guarantee
Bond, and then NCS will release the requisite certificate. Employer shall obtain
the necessary permit once the documentation requirement has been complied by
the Supplier.

10.0 The Supplier is responsible for keeping his work place neat and clean and shall
always avoid scattering of any materials around the work place. The Supplier shall
clear the work site of all debris, materials, tools, tackles etc. immediately upon
completion of the job. Any temporary Line/cables etc. laid for the purpose of
execution of a particular job shall be immediately removed to an agreed location and
the site cleared off all such materials.

11.0 The Supplier shall not throw out gaskets, used electrode pieces, hand gloves, cotton
wastes, gunny bags, polythene bags etc. into open channel, any drains or pipe line
system. These are to be collected together and deposited in bins/waste collectors
earmarked for the purpose of disposal after consultation with Construction Manager.

12.0 All the major construction equipment such as batching plants, transit mixers,
concrete pumps, heavy earth moving equipment and cranes shall be provided by
Employer without any additional cost.

13.0 Necessary tax registrations etc., if any, shall be Supplier’s responsibility.

14.0 HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT: Employer's Health


& Safety Plan is enclosed as Annexure to these Terms & Conditions.

T&C – SITE WORK –A545 Rev 0 Page 3 of 4

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TERMS & CONDITIONS FOR
INSTALLATION / SITE WORK
Document No. :
A545/MR-0101/1522/T&C-
DANGOTE REFINERY AND
SITE/REV.0
PETROCHEMICAL PROJECT

ANNEXURE TO

TERMS & CONDITIONS FOR INSTALLATION / SITE


WORK

T&C – SITE WORK –A545 Rev 0 Page 4 of 4

Page 73 of 257
(HEALTH, SAFETY AND ENVIRONMENT (HSE) MANAGEMENT)

Page 74 of 257
Dangote Petroleum Refining & Petrochemical Company Ltd.
____________________________________________________________________________________

SAFETY PRACTICE DURING CONSTRUCTION

CONTENTS

SECTION DESCRIPTION

1.0 INTRODUCTION
2.0 SCOPE
3.0 DEFINITIONS
4.0 GENERAL DUTIES
4.1 GENERAL DUTIES OF EXECUTION AGENCIES
4.2 GENERAL DUTIES OF OWNERS
5.0 SAFETY PRACTICES AT WORK PLACES
5.1 GENERAL PROVISIONS
5.2 MEANS OF ACCESS AND EGRESS
5.3 HOUSEKEEPING
5.4 PRECAUTIONS AGAINST THE FALL OF MATERIALS AND PERSONS AND COLLAPSE OF
STRUCTURES
5.5 PREVENTION OF UNAUTHORISED ENTRY
5.6 FIRE PREVENTION AND FIRE FIGHTING
5.7 LIGHTING
5.8 PLANT, MACHINERY, EQUIPMENT AND HAND TOOLS
6.0 CONSTRUCTION ACTIVITIES
6.1 EXCAVATION
6.2 SCAFFOLDING, PLATFORMS & LADDERS
6.3 STRUCTURAL WORK, LAYING OF REINFORCEMENT & CONCRETING
6.4 ROAD WORK
6.5 CUTTING/WELDING
6.6 WORKING IN CONFINED SPACES
6.7 PROOF/PRESSURE TESTING
6.8 WORKING AT HEIGHTS
6.9 HANDLING AND LIFTING EQUIPMENT
6.10 VEHICLE MOVEMENT
6.11 ELECTRICAL
6.12 OFFSHORE
6.13 DEMOLITION
6.14 RADIOGRAPHY
6.15 SAND/SHOT BLASTING/SPRAY PAINTING
6.16 WORK ABOVE WATER
7.0 ADDITIONAL SAFETY PRECAUTION FOR UNITS WITH HYDROCARBONS
8.0 FIRST
9.0 DOCUMENTATION
10.0 SAFETY AWARENESS & TRAINING

Page 75 of 257
Dangote Petroleum Refining & Petrochemical Company Ltd.
____________________________________________________________________________________

SAFETY PRACTICES DURING CONSTRUCTION

1.0 INTRODUCTION

Safety in Construction Management deserves utmost attention especially in the hydrocarbon industry,
such as Exploration, Refineries, Pipelines and Marketing installations, Gas Processing units
etc.Construction is widely recognised as one of the accident prone activities. Most of the accidents are
caused by inadequate planning, failure during the construction process and/or because of design
deficiencies. Besides property loss, accidents also result in injuries and fatalities to the personnel; same
needs to be prevented.

The reasons for accidents during construction activities are related to unique nature of the industry,
human behaviour, difficult work-site conditions, extended odd duty hours, lack of training & awareness
and inadequate safety management. Unsafe working methods, equipment failure and improper
housekeeping also tend to increase the accident rate in construction.

Ensuring good quality of materials, equipment and competent supervision along with compliance of
standard engineering practices shall go a long way to in built safety in the system.

The objective of this standard is to provide practical guidance on technical and educational framework for
safety and health in construction with a view to:

(a) prevent accidents and harmful effects on the health of workers arising from employment in
construction;

(b) ensure appropriate safety during implementation of construction;

(c) provide safety practice guidelines for appropriate measures of planning, control and enforcement.

2.0 SCOPE

This document specifies broad guidelines on safe practices to be adhered to during construction activities
in oil industry. However, before commencing any job, specific hazards and its effects should be assessed
and necessary corrective/preventive actions should be taken by all concerned. The document is intended
only to supplement and not to replace or supersede the prevailing statutory requirements, which shall lso
be followed as applicable The scope of this document does not include the design aspects and quality
checks during construction.

3.0 DEFINITIONS

Definitions of various terminology are given below:


· Adequate, appropriate or suitable are used to describe qualitatively or quantitatively the means
or method used to protect the worker.

Brace: A structural member that holds one point in a fixed position with respect to another point;
bracing is a system of structural members designed to prevent distortion of a structure.

· By hand: The work is done without the help of a mechanised tool.

· Competent Authority: A stautory agency having the power to issue regulations, orders or other
instructions having the force of law.

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· Competent person: A person possessing adequate qualifications, such as suitable training and
sufficient knowledge, experience and skill for the safe performance of the specific work. The competent
authorities may define appropriate criteria for the designation of such persons and may determine the
duties to be assigned to them.
· Execution agency: Any physical or legal person, having contractual obligation with the owner, and who
employs one or more workers on a construction site
· Owner: Any physical or legal person for whom construction job is carried out. It shall also include
owner's designated representative/consultant/nominee/agent, authorised from time to time to act for
and on its behalf, for supervising/ coordinating the activities of the execution agency.
· Hazard: Danger or potential danger.
· Guard-rail: An adequately secured rail erected along an exposed edge to prevent persons from
falling.

· Hoist: A machine, which lifts materials or persons by means of a platform, which runs on guides.

· Lifting gear: Any gear or tackle by means of which a load can be attached to a lifting appliance but
which does not form an integral part of the appliance or load.

· Lifting appliance: Any stationary or mobile appliance used for raising or lowering persons or loads.

· Means of access or egress: Passageways, corridors, stairs, platforms, ladders and any other means
for entering or leaving the workplace or for escaping in case of danger.

· Scaffold: Any fixed, suspended or mobile temporary structure supporting workers and material or
to gain access to any such structure and which is not a lifting appliance as defined above.

· Toe-board: A barrier placed along the edge of a scaffold platform, runway, etc., and secured there
to guard against the slipping of persons or the falling of material.

· Worker: Any person engaged in construction activity.

· Workplace: All places where workers need to be or to go by reason of their work.

4.0 GENERAL DUTIES

4.1 GENERAL DUTIES OF EXECUTION AGENCIES

4.1.1 Execution agency should:

i) provide means and organisation to comply with the safety and health measures required at the
workplace.

ii) provide and maintain workplaces, plant, equipment, tools and machinery and organize construction
work so that, there is no risk of accident or injury to health of workers. In particular, construction work
should be planned, prepared and undertaken so that:

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(a) dangers, liable to arise at the workplace, are prevented;

(b) excessively or unnecessarily strenuous work positions and movements are avoided;

(c) organisation of work takes into account the safety and health of workers;

(d) materials and products used are suitable from a safety and health point of view;

(e) working methods are adopted to safeguard workers against the harmful effects of
chemical, physical and biological agents.

iii) establish committees with representatives of workers and management or make other arrangement for
the participation of workers in ensuring safe working conditions.

iv) arrange for periodic safety inspections by competent persons of all buildings, plant, equipment, tools,
machinery, workplaces and review of systems of work, regulations, standards or codes of practice.
The competent person should examine and ascertain the safety of construction machinery and
equipment.

v) provide such supervision to ensure that workers perform their work with due regard to safety and
health of theirs as well as that of others.

vi) Employ only those workers who are qualified, trained and suited by their age, physique, state of
health and skill.

vii)satisfy themselves that all workers are informed and instructed in the hazards connected with their
work and environment and trained in the precautions necessary to avoid accidents and injury to health.

viii) Ensure that buildings, plant, equipment, tools, machinery or workplaces in which a dangerous defect
has been found should not be used until the defect has been rectified.

ix) Organise for and remain always prepared to take immediate steps to stop the operation and evacuate
workers as appropriate, where there is an imminent danger to the safety of workers.

x) establish a checking system by which it can be ascertained that all the members of a shift, including
operators of mobile equipment, have returned to the camp or base at the close of work on dispersed
sites and where small groups of workers operate in isolation.

xi) provide appropriate first aid, training and welfare facilities to workers as per various statutes like the
Factories Act, 1948 etc. and, whenever collective measures are not feasible or are insufficient, provide
and maintain personal protective equipment and clothing in line with the requirement. . They should
also provide access to workers to occupational health services.

xii)Educate workers about their right and the duty at any workplace to participate in ensuring safe working
conditions to the extent of their control over the equipment and methods of work and to express views
on working procedures adopted as may affect safety and health.

xiii)Ensure that except in an emergency, workers, unless duly authorised, should not interfere with,
remove, alter or displace any safety device or other appliance furnished for their protection or the
protection of others, or interfere with any method or process adopted with a view to avoiding accidents
and injury to health.

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xiv) Ensure that workers do not operate or interfere with plant and equipment that they have not been
duly authorised to operate, maintain or use.

xv) Ensure that workers do not sleep, rest or cook etc in dangerous places such as scaffolds, railway
tracks, garages, confined spaces or in the vicinity of fires, dangerous or toxic substances, running
machines or vehicles and heavy equipment etc.

xvii)Obtain the necessary clearance/permits as required and specified by owner

xviii) As per the Govt. circular as amended from time to time all contractors who employ more than 50
workers the following facilities are to be provided by contractor at site :

· Arrangement for drinking water

· Toilet facilities

· A creche where 10 or more women workers are having children below the age of 6 years

· Transport arrangement for attending to emergencies

xix) should deploy a safety officer at site

4.2 GENERAL DUTIES OF OWNERS

4.2.1 Owners should:

i) co-ordinate or nominate a competent person to co-ordinate all activities relating to safety and health on
their construction projects;

ii) inform all contractors on the project of special risks to health and safety;

iii)Ensure that executing agency is aware of the owner's requirements and the executing agency's
responsibilities with respect to safetry practices before starting the job.

5.0 SAFETY PRACTICES AT WORK PLACES

5.1 GENERAL PROVISIONS

5.1.1 All openings and other areas likely to pose danger to workers should be clearly indicated.

5.1.2 Workers & Supervisors should use the safety helmet and other requisite Personal Protective
Equipment according to job & site requirement. They should be trained to use personal protective
equipment.

5.1.3 Never use solvents, alkalis and other oils to clean the skin.

5.1.4 Lift the load with back straight and knees bent as far as possible. Seek the help in case of heavy
load.

5.1.5 Ensure the usage of correct and tested tools and tackles. Don't allow the make shift tools and
tackles.

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5.1.6 No loose clothing should be allowed while working near rotating equipment or working at heights.

5.2 MEANS OF ACCESS AND EGRESS

Adequate and safe means of access (atleast two, differently located) to and egress from all workplaces
should be provided. Same should be displayed and maintained.

5.3 HOUSEKEEPING

5.3.1 Ensure:

i) proper storage of materials and equipment;


ii) removal of scrap, inflammable material, waste and debris at appropriate intervals.

5.3.2 Removal of loose materials, which are not required for use, to be ensured. Accumulation of these at
The site can obstruct means of access to and egress from workplaces and passageways.

5.3.3 Workplaces and passageways, that are slippery owing to oil, grease or other causes, should be
cleaned up or strewn with sand, sawdust, ash etc.

5.4 PRECAUTIONS AGAINST THE FALL OF MATERIALS & PERSONS AND COLLAPSE OF
STRUCTURES

5.4.1 Precautions should be taken such as the provision of fencing, look-out men or barriers to protect
any person against injury by the fall of materials, or tools or equipment being raised or lowered.

5.4.2 Where necessary to prevent danger, guys, stays or supports should be used or other effective
precautions should be taken to prevent the collapse of structures or parts of structures that are
being erected, maintained, repaired, dismantled or demolished.

5.4.3 All openings through which workers are liable to fall should be kept effectively covered or fenced
and displayed prominently.

5.4.4 As far as practicable, guardrails and toe-boards should be provided to protect workers from falling
from elevated workplaces.

5.5 PREVENTION OF UNAUTHORISED ENTRY

5.5.1 Construction sites located in built-up areas and alongside vehicular and pedestrian traffic routes
should be fenced to prevent the entry of unauthorised persons.

5.5.2 Visitors should not be allowed access to construction sites unless accompanied by or authorised by
a competent person and provided with the appropriate protective equipment.

5.6 FIRE PREVENTION AND FIRE FIGHTING

5.6.1 All necessary measures should be taken by the executing agency and owner to:

i) avoid the risk of fire;

ii) control quickly and efficiently any outbreak of fire;

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iii) bring out a quick and safe evacuation of persons.

iv) Inform unit/fire station control room, where construction work is carried out within existing
operating area.

5.6.2 Combustible materials such as packing materials, sawdust, greasy/oily waste and scrap wood or
plastics should not be allowed to accumulate in workplaces but should be kept in closed metal
containers in a safe place.

5.6.3 Places where workers are employed should, if necessary to prevent the danger of fire, be provided
with:

i) suitable and sufficient fire-extinguishing equipment, which should be easily visible and accessible;
ii) an adequate water supply at sufficient pressure meeting the requirements

5.6.4 To guard against danger at places having combustible material, workers should be trained in the
action to be taken in the event of fire, including the use of means of escape.

5.6.5 At sites having combustible material, suitable visual signs should be provided to indicate clearly the
direction of escape in case of fire.

5.6.6 Means of escape should be kept clear at all times. Escape routes should be frequently inspected
particularly in high structures and where access is restricted.

5.7 LIGHTING

5.7.1 Where natural lighting is not adequate, working light fittings or portable hand-lamps should be
provided at workplace on the construction site where a worker will do a job.

5.7.2 Emergency lighting should be provided for personnel safety during night time to facilitate standby
lighting source, if normal system fails.

5.7.2 Artificial lighting should not produce glare or disturbing shadows.

5.7.3 Lamps should be protected by guards against accidental breakage.

5.7.4 The cables of portable electrical lighting equipment should be of adequate size & characteristics for
the power requirements and of adequate mechanical strength to withstand severe conditions in
construction operations.

5.8 PLANT, MACHINERY, EQUIPMENT AND HAND TOOLS

5.8.1 General Provisions

i) Plant, machinery and equipment including hand tools, both manual and power driven, should:

a) be of proper design and construction, taking into account health, Safety and ergonomic
principles.

b) be maintained in good working order;

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c) be used only for work for which they have been designed.

d) be operated only by workers who have been authorised and given appropriate training.

e) be provided with protective guards, shields or other devices as required.

ii) Adequate instructions for safe use should be provided.

iii) Safe operating procedures should be established and used for all plant, machinery and equipment.

iv) Operators of plant, machinery and equipment should not be distracted while work is in progress.

v) Plant, machinery and equipment should be switched off when not in use and isolated before any
adjustment, clearing or maintenance is done.

vi) Where trailing cables or hose pipes are used they should be kept as short as practicable and not
allowed to create a hazard.

vii) All moving parts of machinery and equipment should be enclosed or adequately guarded.

viii) Every power-driven machine and equipment should be provided with adequate means,
immediately accessible and readily identifiable to the operator, of stopping it quickly and preventing
it from being started again inadvertently.

ix) Operators of plant, machinery, equipment and tools should be provided with PPEs, including where
necessary, suitable ear protection.

5.8.2 Hand tools

i) Hand tools should be repaired by competent persons.

ii) Heads of hammers and other shock tools should be dressed or ground to a suitable radius on the
edge as soon as they begin to mushroom or crack.

iii) When not in use and while being carried or transported sharp tools should be kept in sheaths,
shields, chests or other suitable containers.

iv) Only insulated or nonconducting tools should be used on or near live electrical installations.

v) Only non-sparking tools should be used near or in the presence of flammable or explosive dusts or
vapours.

5.8.3 Pneumatic Tools

i) Operating triggers on portable pneumatic tools should be:

a) so placed as to minimise the risk of accidental starting of the machine.

b) so arranged as to close the air inlet valve automatically when the pressure of the operator's
hand is removed.

ii) Hose and hose connections for compressed air supply to portable pneumatic tools should be:

a) designed and tested for the pressure and service for which they are intended;

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b) fastened securely on the pipe outlet and equipped with the safety chain, as appropriate.

iii) Pneumatic shock tools should be equipped with safety clips or retainers to prevent dies and tools
from being accidentally expelled from the barrel.

iv) Pneumatic tools should be disconnected from power and the pressure in hose lines released
before any adjustment or repair is made.

5.8.4 Electrical Tools

i) Low voltage portable electrical tools should generally be used.

ii) All electrical tools should be earthed, unless they are "all insulated" or "double insulated" tools
which do not require earthing.

iii) All electrical tools should get inspected and maintained on a regular basis by a competent
electrician and complete records kept.

5.8.5 Engines

i) Engines should:

a) be installed so that they can be started safely and the maximum safe speed cannot be exceeded.

b) have controls for limiting speed.

c) have devices to stop them from a safe place in an emergency.

ii) IC engines should not be run in confined spaces unless adequate exhaust ventilation is provided.

iii) When IC engines are being fuelled:

a) the engine should be shut off.

b) care should be taken to avoid spilling fuel;

c) no person should smoke or have an naked light in the vicinity.

d) a fire extinguisher should be kept readily available.

iv) Secondary fuel reservoir should be placed outside the engine room.

6.0 CONSTRUCTION ACTIVITIES

The various common activities in construction are as under:

· Excavation

· Scaffolding, Platforms & Ladders

· Structural Work, Laying of Reinforcement & Concreting

· Road Work (Laying of roads)

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· Cutting /Welding

· Working in Confined Space

· Proof/Pressure Testing

· Working at Heights

· Handling & Lifting Equipments

· Vehicle Movement

· Electrical

· Offshore

· Demolition

· Radiography

· Sand/shot blasting/ spray painting

· Work above water

The safe practices to be followed during the implementation of above construction activities are given
below:

6.1 EXCAVATION

6.1.1 All excavation work should be planned and the method of excavation and the type of support work
required should be decided considering the following:

i) the stability of the ground;

ii) the excavation will not affect adjoining buildings, structures or roadways;

iii) to prevent hazard, the gas, water, electrical and other public utilities should be shut off or
disconnected, if necessary;

iv) presence of underground pipes, cable conductors, etc.,

v) the position of culvert/bridges, temporary roads and spoil heaps should be determined;

6.1.2 Before digging begins on site, all excavation work should be planned and the method of excavation
and the type of support work required decided.

6.1.3 All excavation work should be supervised.

6.1.4 Sites of excavations should be thoroughly inspected:

i) daily, prior to each shift and after interruption in work of more than one day;

ii) after every blasting operation;

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iii) after an unexpected fall of ground;

iv) after substantial damage to supports;

v) after a heavy rain, frost or snow;

vi) when boulder formations are encountered.

6.1.5 Safe angle of repose while excavating trenches exceeding 1.5m depth upto 3.0m should be
maintained. Based on site conditions, provide proper slope, usually 45o,and suitable bench of 0.5m
width at every 1.5m depth of excavation in all soils except hard rock or provide proper shoring and
strutting to prevent cave-in or slides.

6.1.6 As far as possible, excavated earth should not be placed within one meter of the edge of the trench
or depth of trench whichever is greater.

6.1.7 Don't allow vehicles to operate too close to excavated area. Maintain atleast 2m distance from edge
of excavation. No load, plant or equipment should be placed or moved near the edge of any excavation
where it is likely to cause its collapse and thereby endanger any person unless precautions such as the
provision of shoring or piling are taken to prevent the sides from collapsing.

6.1.8 Adequately anchored stop blocks and barriers should be provided to prevent vehicles being driven
into the excavation. Heavy vehicles should not be allowed near the excavation unless the support work
has been specially designed to permit it.

6.1.9 If an excavation is likely to affect the security of a structure on which persons are working,
precautions should be taken to protect the structure from collapse.

6.1.10 Barricade at 1m height (with red & white band/self glowing caution board) should be provided for
excavations beyond 1.5m depth. Provide two entries/exits for such excavation.

6.1.11 Necessary precautions should be taken for underground utility lines like cables, sewers etc. and
necessary approvals/clearances from the concerned authorities shall be obtained before commencement
of the excavation job.

6.1.12 Water shall be pumped/bailed out, if any accumulates in the trench. Necessary precautions should
be taken to prevent entry of surface water in trenches.

6.1.13 During rains, the soil becomes loose. Take additional precaution against collapse of side wall.

6.1.14 In hazardous areas, air should be tested to ascertain its quality. No one should be allowed entry till
it issuitable for breathing.

6.1.15 In case of mechanised excavation, precaution shall be taken to not to allow anybody to come
within one meter of extreme reach of the mechanical shovel. The mechanised excavator shall be
operated by a well-trained experienced operator. When not in operation, the machine shall be kept on
firm leveled ground with mechanical shovel resting on ground. Wheel or belt shall be suitably jammed to
prevent any accidental movement of the machine. Suitable precautions as per manufacturer guidelines
should be taken for dozers, graders and other heavy machines.

6.1.16 In case of blasting, follow strictly relevant Act and rules for storage, handling and carrying of
explosive materials and execution of blasting operation.

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6.2 SCAFFOLDING, PLATFORMS & LADDERS

6.2.1 Metal as material of construction

i) A scaffold should be provided and maintained or other equally safe and suitable provision should
be made where work cannot safely be done on or from the ground or from part of a building or other
permanent structure.

ii) Scaffolds should be provided with safe means of access, such as stairs, ladders or ramps.
Ladders should be secured against inadvertent movement.

iii) Every scaffold should be constructed, erected and maintained so as to prevent collapse or
accidental displacement when in use.

iv) Every scaffold and part thereof should be constructed:

(a) in such a way so as not to cause hazards for workers during erection and dismantling;

(b) in such a way so as guard rails and other protective devices, platforms, ladders, stairs or
ramps can be easily put together;

(c) with sound material and of requisite size and strength for the purpose for which it is to be
used and maintained in a proper condition.

v) Boards and planks used for scaffolds should be protected against splitting.

vi) Materials used in the construction of scaffolds should be stored under good conditions and apart
from any material unsuitable for scaffolds.

vii) Couplers should not cause deformation in tubes. Couplers should be made of drop forged steel
or equivalent material.

viii) Tubes should be free from cracks, splits and excessive corrosion and be straight to the eye, and
tube ends cut cleanly square with the tube axis.

ix) Scaffolds should be designed for their maximum load as per relevant code.

x) Scaffolds should be adequately braced.

xi) Scaffolds which are not designed to be independent should be rigidly connected to the building at
designated vertical and horizontal places.

xii) A scaffold should never extend above the highest anchorage to an extent which might endanger
its stability and strength.

xiii) Loose bricks, drainpipes, chimney-pots or other unsuitable material should not be used for the
construction or support of any part of a scaffold.

xiv) Scaffolds should be inspected and certified:

(a) before being taken into use;

(b) at periodic intervals thereafter as prescribed for different types of scaffolds;

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(c) after any alteration, interruption in use, exposure to weather or seismic conditions or any
other occurrence likely to have affected their strength or stability.

xv) Inspection should more particularly ascertain that:

(a) the scaffold is of suitable type and adequate for the job;

(b) materials used in its construction are sound and of sufficient strength;

(c) it is of sound construction and stable;

(d) that the required safeguards are in position.

xvi) A scaffold should not be erected, substantially altered or dismantled except by or under the
supervision.

xvii) Every scaffold should be maintained in good and proper condition, and every part should be kept
fixed or secured so that no part can be displaced in consequence of normal use.

xviii) If out-rigger scaffolding is to be used, it should be specifically designed and inspected before
putting in use.

6.2.2 Lifting appliances on scaffolds

i) When a lifting appliance is to be used on a scaffold:

(a) the parts of the scaffold should be carefully inspected to determine the additional
strengthening and other safety measures required;

(b) any movement of the scaffold members should be prevented;

(c) if practicable, the uprights should be rigidly connected to a solid part of the building at the place where
the lifting appliance is erected.

6.2.3 Prefabricated scaffolds

i) In the case of prefabricated scaffold systems, the instructions provided by the manufacturers or
suppliers should be strictly adhered to. Prefabricated scaffolds should have adequate arrangements for
fixing bracing.

ii) Frames of different types should not be intermingled in a single scaffold.

iii) Scaffolding shall be erected on firm and level ground.

iv) All members of metal scaffolding shall be checked periodically to screen out defective/ rusted
members. All joints should be properly lubricated for easy tightening.

v) Entry to scaffolding should be restricted.

vi) Erection, alteration and removal shall be done under supervision of experienced personnel.

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vii) Use of barrels, boxes, loose bricks etc., for supporting platform shall not be permitted.

viii) Each supporting member of platform shall be securely fastened and braced

ix) Where planks are butt-joined, two parallel putlogs shall be used, not more than 100mm apart, to
give support to each plank.

x) Platform plank shall not project beyond its end support to a distance exceeding 4 times the
thickness of plank, unless it is effectively secured to prevent tipping. Cantilever planks should be
avoided.

xi) The platform edges shall be provided with 150mm high toe board to eliminate hazards of tools or
other objects falling from platform.

xii) Erect ladders in the "four up-one out position"

xiii) Lash ladder securely with the structure.

xiv) Using non-slip devices, such as, rubber shoes or pointed steel ferules at the ladder foot, rubber
wheels at ladder top, fixing wooden battens, cleats etc.

xv) When ladder is used for climbing over a platform, the ladder must be of sufficient length, to extend at
least one meter above the platform, when erected against the platform in "four up-one out position."

xvi) Portable ladders shall be used for heights not more than 4mt. Above 4mt flights, fixed ladders
shall be provided with at least 600 mm landings at every 6mt or less.

xvii) The width of ladder shall not be less than 300mm and rungs shall be spaced not more than
300mm.

xviii) Every platform and means of access shall be kept free from obstruction.

xix) If grease, mud, gravel, mortar etc., fall on platform or scaffolds, these shall be removed
immediately to avoid slippage.

xx) Workers shall not be allowed to work on scaffolds during storms or high wind. After heavy rain or
storms, scaffolds shall be inspected before reuse.

xxi) Don't overload the scaffolding. Remove excess material and scrap immediately.

xxii) Dismantling of scaffolds shall be done in a pre-planned sequential manner.

6.2.4 Suspended scaffolds/boatwain's chair

i) In addition to the requirements for scaffolds in general as regards soundness, stability and
protection against the risk of falls, suspended scaffolds should meet the following specific
requirements.

(a) platforms should be designed and built with dimensions that are compatible with the stability
of the structure as a whole, especially the length;

(c) the number or anchorage should be compatible with the dimensions of the platform;

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(c) the safety of workers should be safeguarded by an extra rope having a point of attachment
independent of the anchorage arrangements of the scaffold;

(d) the anchorage and other elements of support of the scaffold should be designed and built in
such a way as to ensure sufficient strength;

(e) the ropes, winches, pulleys or pulley blocks should be designed, assembled, used and
maintained according to the requirements established for lifting gear adapted to the lifting of
persons according to national laws and regulations;

(f) Before use, the whole structure should be checked by a competent person.

6.2.5 Bamboo Scaffolding

i) In general, it should be avoided as far as possible. It should not be used in the unit/off-site areas
and where hot work is to be done.

ii) For construction and maintenance of residential and office buildings, situated outside explosive
licensed area, bamboo scaffold, if used, should conform to provisions given

6.3 STRUCTURAL WORK, LAYING OF REINFORCEMENT & CONCRETING

6.3.1 General provisions

i) The erection or dismantling of buildings, structures, civil engineering works, formwork, falsework
and shoring should be carried out by trained workers only under the supervision of a competent
person.

ii) Precautions should be taken to guard against danger to workers arising from any temporary state
of weakness or instability of a structure.

iii) Formwork, falsework and shoring should be so designed, constructed and maintained that it will
safely support all loads that may be imposed on it.

iv) Formwork should be so designed and erected that working platforms, means of access, bracing
and means of handling and stabilising are easily fixed to the formwork structure.

6.3.2 Erection and dismantling of steel and prefabricated structures

i) The safety of workers employed on the erection and dismantling of steel and prefabricated
structures should be ensured by appropriate means, such as provision and use of:

(a) ladders, gangways or fixed platforms;

(b) platforms, buckets, boatswain's chairs or other appropriate means suspended from lifting
appliances;

(d) safety harnesses and lifelines, catch nets or catch platforms;

(e) Power-operated mobile working platforms.

ii) Steel and prefabricated structures should be so designed and made that they can be safely
transported and erected.

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iii) In addition to the need for the stability of the part when erected, the design should explicitly take
following into account:

(a) the conditions and methods of attachment in the operations of transport, storing and temporary
support during erection or dismantling as applicable;

(b) Methods for the provision of safeguards such as railings and working platforms, and, when
necessary, for mounting them easily on the structural steel or prefabricated parts.

iv) The hooks and other devices built in or provided on the structural steel or prefabricated parts that
are required for lifting and transporting them should be so shaped, dimensioned and positioned
as:

(a) to withstand with a sufficient margin the stresses to which they are subjected;

(b) Not to set up stresses in the part that could cause failures, or stresses in the structure itself not
provided for in the plans, and be designed to permit easy release from the lifting appliance. Lifting
points for floor and staircase units should be located (recessed if necessary) so that they do not
protrude above the surface;

(c) To avoid imbalance or distortion of the lifted load.

v) Storeplaces should be so constructed that:

(a) there is no risk of structural steel or prefabricated parts falling or overturning;

(b) storage conditions generally ensure stability and avoid damage having regard to the method of
storage and atmospheric conditions;

(c) racks are set on firm ground and designed so that units cannot move accidentally.

vi) While they are being stored, transported, raised or set down, structural steel or prefabricated parts
should not be subjected to stresses prejudicial to their stability.

vii) Every lifting appliance should:

(a) be suitable for the operations and not be capable of accidental disconnection;

(b) be approved or tested as per statutory requirement.

viii) Lifting hooks should be of the self-closing type or of a safety type and should have the maximum
permissible load marked on them.

ix) Tongs, clamps and other appliances for lifting structural steel and prefabricated parts should:

(a) be of such shape and dimensions as to ensure a secure grip without damaging the part;

(b) be marked with the maximum permissible load in the most unfavourable lifting conditions.

x) Structural steel or prefabricated parts should be lifted by methods or appliances that prevent them from
spinning accidentally.

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xi) When necessary to prevent danger, before they are raised from the ground, structural steel or
prefabricated parts should be provided with safety devices such as railings and working platforms to
prevent falls of persons.

xii) While structural steel or prefabricated parts are being erected, the workers should be provided
with appliances for guiding them as they are being lifted and set down, so as to avoid crushing of hands
and to facilitate the operations. Use of such appliances should be ensured.

xiii) A raised structural steel or prefabricated part should be so secured and wall units so propped that
their stability cannot be imperiled, even by external agencies such as wind and passing loads before its
release from the lifting appliance.

xiv) At work places, instruction should be given to the workers on the methods, arrangements and means
required for the storage, transport, lifting and erection of structural steel or prefabricated parts, and,
before erection starts, a meeting of all those responsible should be held to discuss and confirm the
equirements for safe erection.

xv) During transportation within the construction area, attachments such as slings and stirrups mounted
on structural steel or prefabricated parts should be securely fastened to the parts.

xvi) Structural steel or prefabricated parts should be so transported that the conditions do not affect the
stability of the parts or the means of transport result in jolting, vibration or stresses due to blows, or loads
of material or persons.

xvii) When the method of erection does not permit the provision of other means of protection against fall
of persons, the workplaces should be protected by guardrails, and if appropriate by toeboards.

xviii) When adverse weather conditions such as snow, ice and wind or reduced visibility entail risks of
accidents, the work should be carried on with particular care, or, if necessary, interrupted.

xix) Structures should not be worked on during violent storms or high winds, or when they are covered
with ice or snow, or are slippery from other causes.

xx) If necessary, to prevent danger, structural steel parts should be equipped with attachments for
suspended scaffolds, lifelines or safety harnesses and other means of protection.

xxi) The risks of falling, to which workers moving on high or sloping girders are exposed, should be limited
by all means of adequate collective protection or, where this is impossible, by the use of a safety harness
that is well secured to a strong support.

xxii) Structural steel parts that are to be erected at a great height should as far as practicable be
assembled on the ground.

xxiii) When structural steel or prefabricated parts are being erected, a sufficiently extended area
underneath the workplace should be barricaded or guarded

xxiv) Steel trusses that are being erected should be adequately shored, braced or guyed until they are
permanently secured in position.

xxv) Load-bearing structural member should not be dangerously weakened by cutting, holing or other
means.

xxvi) Structural members should not be forced into place by the hoisting machine while any worker is
in such a position that he could be injured by the operation.

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xxvii) Open-web steel joists that are hoisted singly should be directly placed in position and secured
against dislodgment.

6.3.3 Reinforcement

i) Ensure that workers use Personnel Protective equipment like safety helmet, safety shoes, gloves
etc.

ii) Don't place the hand below the rods for checking clear distance. Use measuring devices.

iii) Don't wear loose clothes while checking the rods.

iv) Don't stand unnecessarily on cantilever rods.

v) To carry out welding/cutting of rods, safety procedures/precautions as mentioned in Item No. 6.5 to
be followed.

vi) For supplying of rods at heights, proper staging and/or bundling to be provided.

vii) Ensure barricading and staging for supplying and fixing of rods at height.

viii) For short distance carrying of materials on shoulders, suitable pads to be provided.

ix) While transporting material by trucks/trailers, the rods shall not protrude in front of or by the sides of
driver's cabin. In case such protrusion cannot be avoided behind the deck, then it should not extend 1/3rd
of deck length or 1.5M which ever is less and tied with red flags/lights.

6.3.4 Concreting

i) Ensure stability of shuttering work before allowing concreting.

ii) Barricade the concreting area while pouring at height/depths.

iii) Keep vibrator hoses, pumping concrete accessories in healthy conditions and mechanically locked.

iv) Pipelines in concrete pumping system shall not be attached to temporary structures such as scaffolds
and formwork support as the forces and movements may effect their integrity.

v) Check safety cages & guards around moving motors/parts etc. provided in concreting mixers.

vi) Use Personal Protective Equipment like gloves, safety shoes etc. while dealing with concrete and
wear respirators for dealing with cement.

vii) Earthing of electrical mixers, vibrators, etc. should be done and verified.

viii) Cleaning of rotating drums of concrete mixers shall be done from outside. Lockout devices shall
be provided where workers need to enter.

ix) Where concrete mixers are driven by internal combustion engine, exhaust points shall be located
away from the worker's workstation so as to eliminate their exposure to obnoxious fumes.

x) Don't allow unauthorised person to stand under the concreting area.

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xi) Ensure adequate lighting arrangements for carrying out concrete work during night.

xii) Don't allow the same workers to pour concrete round the clock. Insist on shift pattern.

xiii) During pouring, shuttering and its supports should be continuously watched for defects.

6.4 ROAD WORK

6.4.1 Site shall be barricaded and provided with warning signs, including night warning lamps at
appropriate locations for traffic diversion.

6.4.2 Filled and empty bitumen drums shall be stacked separately at designated places.

6.4.3 Mixing aggregate with bitumen shall preferably be done with the help of bitumen batch mixing plant,
unless operationally non-feasible.

6.4.4 Road rollers, Bitumen sprayers, Pavement finishers shall be driven by experienced drivers with valid
driving license.

6.4.5 Workers handling hot bitumen sprayers or spreading bitumen aggregate mix or mixing bitumen with
aggregate, shall be provided with PVC hand gloves and rubber shoes with legging up to knee joints.

6.4.6 At the end of day's work, surplus hot bitumen in tar boiler shall be properly covered by a metal
sheet, to prevent anything falling in it,

6.4.7 If bitumen accidentally falls on ground, it shall be immediately covered by sprinkling sand, to prevent
anybody stepping on it. Then it shall be removed with the help of spade.

6.4.8 For cement concrete roads, besides site barricading and installation of warning signs for traffic
diversion, safe practices mentioned in the chapter on "Concreting", shall also be applicable.

6.5 CUTTING/WELDING

6.5.1 Common hazards involved in welding/cutting are sparks, molten metal, flying particles, harmful light
rays, electric shocks etc. Following precautions should be taken: -

i) A dry chemical type fire extinguisher shall be made available in the work area.

ii) Adequate ventilation shall be ensured by opening manholes and fixing a shield or forced
circulation of air etc, while doing a job in confined space.

iii) Ensure that only approved and well-maintained apparatus, such as torches, manifolds,
regulators or pressure reducing valves, and acetylene generators, be used.

iv) All covers and panels shall be kept in place, when operating an electric Arc welding machine.

v) The work piece should be connected directly to Power supply, and not indirectly through
pipelines/structures/equipments etc.

vi) The welding receptacles shall be rated for 63 A suitable for 415V, 3-Phase system with a scraping
earth. Receptacles shall have necessary mechanical interlocks and earthing facilities.

vii) All cables, including welding and ground cables, shall be checked for any worn out or cracked
insulation before starting the job. Ground cable should be separate without any loose joints.

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viii) Cable coiling shall be maintained at minimum level, if not avoidable.

ix) An energised electrode shall not be left unattended.

x) The power source shall be turned off at the end of job.

xi) All gas cylinders shall be properly secured in upright position.

xii) Acetylene cylinder shall be turned and kept in such a way that the valve outlet points away
from oxygen cylinder.

xiii) Acetylene cylinder key for opening valve shall be kept on valve stem, while cylinder is in use, so that
the acetylene cylinder could be quickly turned off in case of emergency. Use flash back arrestors to
prevent back-fire in acetylene/oxygen cylinder.

xiv) When not in use, valves of all cylinders shall be kept closed.

xv) All types of cylinders, whether full or empty, shall be stored at cool, dry place under shed.

xvi) Forced opening of any cylinder valve should not be attempted.

xvii) Lighted gas torch shall never be left unattended.

xviii) Store acetylene and oxygen cylinders separately.

xix) Store full and empty cylinders separately.

xx) Avoid cylinders coming into contact with heat.

xxi) Cylinders that are heavy or difficult to carry by hand may be rolled on their bottom edge but never
dragged.

xxii) If cylinders have to be moved, be sure that the cylinder valves are shut off.

xxiii) Before changing torches, shut off the gas at the pressure reducing regulators and not by crimping
the hose.

xxiv) Do not use matches to light torches, use a friction lighter.

xxv) Move out any leaking cylinder immediately.

xxvi) Use trolleys for oxygen & acetylene cylinder and chain them.

xxvii) Always use Red hose for acetylene and other fuel gases and Black for oxygen, and ensure that
both are in equal length.

xxviii) Ensure that hoses are free from burns, cuts and cracks and properly clamped.

xxix) Avoid dragging hoses over sharp edges and objects

xxx) Do not wrap hoses around cylinders when in use or stored.

xxxi) Protect hoses from flying sparks, hot slag, and other hot objects.

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xxxii) Lubricants shall not be used on Ox-fuel gas equipment.

xxxiii) During cutting/welding, use proper type goggles/face shields.

6.6 WORKING IN CONFINED SPACES

6.6.1 Following safety practices for working in confined space like towers, columns, tanks and other
vessels should be followed in addition to the safety guidelines for specific jobs like scaffolding,
cutting/welding etc.

i) Shut down, isolate, depressurise and purge the vessel as per laid down procedures.

ii) Entry inside the vessel and to carry out any job should be done after issuance of valid permit only in
line with the requirement

iii) Ensure proper and accessible means of exit before entry inside a confined space.

iv) The number of persons allowed inside the vessel should be limited to avoid overcrowding.

v) When the work is going on in the confined space, there should always be one man standby at the
nearby manway.

vi) Before entering inside the vessels underground or located at lower elevation, probability of dense
vapours accumulating nearby should also be considered in addition to inside the vessel.

vii) Ensure requisite O2 level before entry in the confined space and monitor level periodically or other
wise use respiratory devices.

viii) Check for no Hydrocarbon or toxic substances before entry and monitor level periodically or use
requisite Personal Protective Equipment.

ix) Ensure adequate ventilation or use respiratory devices.

x) Depending upon need, necessary respirator system, gas masks and suit shall be worn by everyone
entering confined space. In case of sewer, OWS or in the confined area where there is a possibility of
toxic or inert gas, gas masks shall be used by everyone while entering.

xi) Barricade the confined spaces during hoisting, radiography, blasting, pressure testing etc.

xii) Use 24V flameproof lamp fittings only for illumination.

xiii) Use tools with air motors or electric tools with maximum voltage of 24V.

xiv) House keeping shall be well maintained.

xv) Safety helmet, safety shoes and safety belt shall be worn by everyone entering the confined space.
xvi) Don't wear loose clothing while working in a confined space.

xvii) In case of the vessels which are likely to contain pyropheric substances (like Iron Sulphide), special
care need to be taken before opening the vessel. Attempt should be made to remove the pyropheric
substances. Otherwise, these should be always kept wet by suitable means.

xviii) The cutting torches should also be kept outside the vessel immediately after the cutting.

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xix) The gas cylinders used for cutting/welding shall be kept outside.

xx) All cables, hoses, welding equipment etc., shall be removed from confined space at end of each work
day, even if the work is to be resumed in the same space the next day.

xxi) To the extent possible sludge shall be cleared and removed from outside before entering.

xxii) No naked light or flame or hot work such as welding, cutting and soldering should be permitted inside
a confined space or area unless it has been made completely free of the flammable atmosphere, tested
and found safe by a competent person. Only non-sparking tools and flameproof hand lamps protected
with guard and safety torches should be used inside such confined space or area for initial inspection,
cleaning or other work required to be done for making the area safe.

xxiii) Communication should be always maintained between the worker and the attendant.

6.7 PROOF/PRESSURE TESTING

6.7.1 Review test procedure before allowing testing with water or air or any other fluid.

6.7.2 Provide relief valves of adequate size while testing with air or other gases.

6.7.3 Ensure compliance of necessary precautions, step wise loading, tightening of fasteners, grouting
etc. before and during testing.

6.7.4 Inform all concerned in advance of the testing.

6.7.5 Keep the vents open before opening any valve for filling/draining of liquid used for hydrotesting. The
filling/draining should not exceed the designed rate for pressure testing.

6.7.6 Provide separate gauges of suitable range for pressurising pump and the equipment to be tested.

6.7.7 Provide gauges at designated locations for monitoring of pressures.

6.7.8 Check the calibration of all pressurising equipment and accessories and maintain records.

6.7.9 Take readings at pre-defined intervals.

6.8 WORKING AT HEIGHTS

6.8.1 General Provision

i) While working at a height of more than 3 meters, approved safety belt shall be used.

ii) While working at a height of more than 3 meters, permit should be issued by competent person before
commencement of the job.

iii) Worker should be well trained on usage of safety belt including its proper usage at the time of
ascending/descending.

iv) All tools should be carried in tool kits to avoid their falling.

v) If the job is on fragile/sloping roof, roof walk ladders shall be used.

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vi) Provide lifeline wherever required.

vii) Additional safety measures like providing Fall Arrestor type Safety belt, safety net should be provided
depending upon site conditions, job requirements.

viii) Keep working area neat and clean. Remove scrap material immediately.

ix) Don't throw or drop material/equipment from height.

x) Avoid jumping from one member to another. Use proper passageway.

xi) Keep both hands free while climbing. Don't try to bypass the steps of the ladder.

xii) Try to maintain calm at height. Avoid over exertion.

xiii) Avoid movements on beam.

xiv) Elevated workplaces including roofs should be provided with safe means of access and egress such
as stairs, ramps or ladders.

6.8.2 Roof Work

i) All roof-work operations should be pre-planned and properly supervised.

ii) Roof work should only be undertaken by workers who are physically and psychologically fit and have
the necessary knowledge and experience for such work.

iii) Work on roofs shouldn't be carried on in weather conditions that threaten the safety of workers.

iv) Crawling boards, walkways and roof ladders should be securely fastened to a firm structure.

v) Roofing brackets should fit the slope of the roof and be securely supported.

vi) Where it is necessary for a person to kneel or crouch near the edge of the roof, necessary precautions
should be taken.

vii) On a large roof where work have to be carried out at or near the edge, a simple barrier consisting of
crossed scaffold tubes supporting a tubing guardrail may be provided.

viii) All covers for openings in roofs should be of substantial construction and be secured in position.
ix) Roofs with a pitch of more than 10 should be treated as sloping.

x) When work is being carried out on sloping roofs, sufficient and suitable crawling boards or roof ladders
should be provided and firmly secured in position.

xi) During extensive work on the roof, strong barriers or guardrails and toe-boards should be provided to
stop a person from falling off the roof.

xii) Where workers are required to work on or near roofs or other places covered with fragile material,
through which they are liable to fall, they should be provided with suitable roof ladders or crawling
boards strong enough

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xiii) A minimum of two boards should be provided so that it is not necessary for a person to stand on a
fragile roof to move a board or a ladder, or for any other reason.

6.8.3 Work on tall chimneys

i) For the erection and repair of tall chimneys, scaffolding should be provided. A safety net should be
maintained at a suitable distance below the scaffold.

ii) The scaffold floor should always be at least 65 cm below the top of the chimney.

iii) Under the working floor of the scaffolding the next lower floor should be left in position as a catch
platform.

iv) The distance between the inside edge of the scaffold and the wall of the chimney should not exceed
20 cm at any point.

v) Catch platforms should be erected over:

(a) the entrance to the chimney;

(b) Passageways and working places where workers could be endangered by falling objects.

vi) For climbing tall chimneys, access should be provided by:

(a) stairs or ladders;

(b) a column of iron rungs securely embedded in the chimney wall;

(c) Other appropriate means.

vii) When workers use the outside rungs to climb the chimney, a securely fastened steel core rope looped
at the free end and hanging down at least 3 m should be provided at the top to help the workers to climb
on to the chimney.

viii) While work is being done on independent chimneys the area surrounding the chimney should be
enclosed by fencing at a safe distance.

ix) Workers employed on the construction, alteration, maintenance or repair of tall chimneys should
not:

a) work on the outside without a safety harness attached by a lifeline to a rung, ring or other
secure anchorage;

b) put tools between the safety harness and the body or in pockets not intended for the purpose;
c) haul heavy materials or equipment up and down by hand to or from the workplace on the chimney;

d) fasten pulleys or scaffolding to reinforcing rings without first verifying their stability;

e) work alone;

f) climb a chimney that is not provided with securely anchored ladders or rungs;

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g) Work on chimneys in use unless the necessary precautions to avoid danger from smoke and gases
have been taken.

x) Work on independent chimneys should not be carried on in high winds, icy conditions, fog or during
electrical storms.

6.9 HANDLING AND LIFTING EQUIPMENT:

6.9.1 General Provisions

Following are the general guidelines to be followed with regard to all types of handling and lifting
equipment in addition to the guidelines for specific type of equipments dealt later on.

i) There should be a well-planned safety programme to ensure that all the lifting appliances and lifting
gear are selected, installed, examined, tested, maintained, operated and dismantled with a view to
reventing the occurrence of any accident;

ii) All lifting appliances shall be examined by competent persons at frequencies as specified in "The
Factories act".

iii) Check thoroughly quality, size and condition of all lifting tools like chain pulley blocks, slings, Uclamps,
D-shackles etc. before putting them in use.

iv) Safe lifting capacity of all lifting & handling equipment, tools and shackles should be got verified and
certificates obtained from competent authorities before its use. The safe working load shall be marked on
them.

v) Check periodically the oil, brakes, gears, horns and tyre pressure of all moving equipments like cranes,
forklifts, trailers etc as per manufacturer's recommendations.

vi) Check the weights to be lifted and accordingly decide about the crane capacity, boom length and
angle of erection.

vii) Allow lifting slings as short as possible and check packing at the friction points.

viii) While lifting/placing of the load, no unauthorised person shall remain within the radius of the boom
and underneath the load.

ix) While loading, unloading and stacking of pipes, proper wedges shall be placed to prevent rolling down
of the pipes.

x) Control longer jobs being lifted up from both ends.

xi) Only trained operators and riggers should carry out the job. While the crane is moving or lifting the
load, the trained rigger should be there for keeping a vigil against hitting any other object.

xii) During high wind conditions and nights, lifting of heavy equipments should be avoided. If
unavoidable to do erection in night, operator and rigger should be fully trained for night signaling.
Also proper illumination should be there.

xiii) Allow crane to move on hard, firm and leveled ground.

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xiv) When crane is in idle condition for long periods or unattended, crane boom should either be
lowered or locked as per manufacturer's guidelines.

xv) Hook and load being lifted shall remain in full visibility of crane operators, while lifting, to the
extent possible.

xvi) Don't allow booms or other parts of crane to come within 3 meters reach of overhead electrical
cables.

xvii) No structural alterations or repairs should be made to any part of a lifting appliance, which may
affect the safety of the appliance without the permission and supervision of the competent
person.

6.9.2 Hoists

i) Hoist shafts should be enclosed with rigid panels or other adequate fencing at:

(a) ground level on all sides;

(b) all other levels at all points at which access is provided;

(c) all points at which persons are liable to be struck by any moving part.

ii) The enclosure of hoist shafts, except at approaches should extend where practicable at least 2mt
above the floor, platform or other place to which access is provided except where a lesser height is
sufficient to prevent any person falling down the hoistway and there is no risk of any person coming into
contact with any moving part of the hoist, but in no case should the enclosure be less than 1mt in height.

iii) The guides of hoist platforms should offer sufficient resistance to bending and, in the case of jamming
by a safety catch, to buckling.

iv) Where necessary to prevent danger, adequate covering should be provided above the top of hoist
shafts to prevent material falling down them.

v) Outdoor hoist towers should be erected on firm foundations, and securely braced, guyed and
anchored.

vi) A ladderway should extend from the bottom to the top of outdoor hoist towers, if no other ladderway
exists within easy reach.

vii) Hoisting engines should be of ample capacity to control the heaviest load that they will have to move.

viii) Hoists should be provided with devices that stop the hoisting engine as soon as the platform reaches
its highest stopping place.

ix) Winches should be so constructed that the brake is applied when the control handle is not held in
the operating position.

x) It should not be possible to set in motion from the platform a hoist, which is not designed for the
conveyance of persons.

xi) Winches should not be fitted with pawl and ratchet gears on which the pawl must be disengaged
before the platform is lowered.

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xii) Hoist platforms should be capable of supporting the maximum load that they will have to carry with a
safety factor.

xiii) Hoist platforms should be equipped with safety gear that will hold the platform with the maximum load
if the hoisting rope breaks.

xiv) If workers have to enter the cage or go on the platform at landings there should be a locking
arrangement preventing the cage or platform from moving while any worker is in or on it.

xv) On sides not used for loading and unloading, hoist platforms should be provided with toe-boards and
enclosures of wire mesh or other suitable material to prevent the fall of parts of loads.

xvi) Where necessary to prevent danger from falling objects, hoist platforms should be provided with
adequate covering.

xvii) Counterweights consisting of an assemblage of several parts should be made of specially


constructed parts rigidly connected together.

xviii) Counterweights should run in guides.

xix) Platforms should be provided at all landings used by workers.

xx) Following notices should be posted up conspicuously and in very legible characters:

(a) on all hoists: · on the platform: the carrying capacity in kilograms or other appropriate standard unit of
weight; · on the hoisting engine: the lifting capacity in kilograms or other appropriate standard unit of
weight;

(b) on hoists authorised or certified for the conveyance of persons: · on the platform or cage: the
maximum number of persons to be carried at one time;

(c) on hoists for goods only: · on every approach to the hoist and on the platform: prohibition of use by
persons.

xxi) Hoists intended for the carriage of persons should be provided with a cage so constructed as to
prevent any person from falling out or being trapped between the cage and any fixed part of the structure
when the cage gate is shut, or from being struck by the counterbalance weight or by articles or materials
tailing down the hoistway.

xxii) On each side in which access is provided, the cage should have a gate fitted with devices which
ensure that the gate cannot be opened except when the cage is at a landing and that the gate must be
closed before the cage can move away from the landing.

xxiii) Every gate in the enclosure of the hoist shaft which gives access from a landing place to the cage
should be fitted with devices to ensure that the gate cannot be opened except when the cage is at that
landing place, and that the cage cannot be moved away from that landing place until the gate is closed.

6.9.3 Derricks

Stiff-leg derricks

i) Derricks should be erected on a firm base capable of taking the combined weight of the crane structure
and maximum rated load.

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ii) Devices should be used to prevent masts from lifting out of their seating.

iii) Electrically operated derricks should be effectively earthed from the sole plate or framework.

iv) Counterweights should be so arranged that they do not subject the backstays, sleepers or pivots to
excessive strain.

v) When derricks are mounted on wheels:

a) a rigid member should be used to maintain the correct distance between the wheels;

b) they should be equipped with struts to prevent them from dropping if a wheel breaks or the derrick is
derailed.

vi) The length of a derrick jib should not be altered without consulting the manufacturer.

vii) The jib of a scotch derrick crane should not be erected within the backstays of the crane.

Guy derricks

i) The restraint of the guy ropes should be ensured by fitting stirrups or anchor plates in concrete
foundations.

ii) The mast of guy derricks should be supported by six top guys spaced approximately equally.

iii) The spread of the guys of a guy derrick crane from the mast should not be more than 450 from the
horizontal.

iv) Guy ropes of derricks should be equipped with a stretching screw or turnbuckle or other device to
regulate the tension.

v) Gudgeon pins, sheave pins and fool bearings should be lubricated frequently.

vi) When a derrick is not in use, the boom should be anchored to prevent it from swinging.

6.9.4 Gin poles

i) Gin poles should:

(a) be straight;

(b) consist of steel or other suitable metal;

(c) be adequately guyed and anchored;

(d) be vertical or raked slightly towards the load;

(e) be of adequate strength for the loads that they will be required to lift/move.

ii) Gin poles should not be spliced and if a gin pole is composed of different elements, they should be
assembled in conformity with their intrinsic material strength.

iii) Gin poles should be fastened at their feet to prevent displacement in operation.

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iv) Gin poles, which are moved from place to place and re-erected, should not be taken into use again
before the pole, lifting ropes, guys, blocks and other parts have been inspected, and the whole appliance
has been tested under load.

v) When platforms or skips are hoisted by gin poles, precautions should be taken to prevent them from
spinning and to provide for proper landing.

6.9.5 Tower cranes

i) Where tower cranes have cabs at high level, persons, capable and trained to work at heights, should
only be employed as crane operators.

ii) The characteristics of the various machines available should be considered against the operating
requirements and the surroundings in which the crane will operate before a particular type of crane is
selected.

iii) Care should be taken in the assessment of wind loads both during operations and out of service.
Account should also be taken of the effects of high structures on wind forces in the vicinity of the
crane.

iv) The ground on which the tower crane stands should have the requisite bearing capacity. Account
should be taken of seasonal variations in ground conditions.

v) Bases for tower cranes and tracks for rail-mounted tower cranes should be firm and level. Tower
cranes should only operate on gradients within limits specified by the manufacturer. Tower cranes should
only be erected at a safe distance from excavations and ditches.

vi) Tower cranes should be sited where there is clear space available for erection, operation and
dismantling. As far as possible, cranes should be sited so that loads do not have to be handled over
occupied premises, over public thoroughfares, other construction works and railways or near power
cables.

vii) Where two or more tower cranes are sited in positions where their jibs could touch any part of the
other crane, there should be direct means of communication between them and a distinct warning system
operated from the cab so that one driver may alert the other of impending danger.

viii) The manufacturers' instructions on the methods and sequence of erection and dismantling should be
followed. The crane should be tested before being taken into use.

ix) The climbing operation of climbing tower cranes should be carried out in accordance with
manufacturers' instructions. The free-standing height of the tower crane should not extend beyond what is
safe and permissible in the manufacturers' instructions.

x) When the tower crane is left unattended, loads should be removed from the hook, the hook raised, the
power switched off and the boom brought to the horizontal. For longer periods or at times when adverse
weather conditions are expected, out of service procedures should be followed. The main jib should be
slewed to the side of the tower away from the wind, put into free slew and the crane immobilised.

xi) A windspeed measuring device should be provided at an elevated position on the tower crane with the
indicator fitted in the drivers' cab.

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xii) Devices should be provided to prevent loads being moved to a point where the corresponding safe
working load of the crane would be exceeded. Name boards or other items liable to catch the wind should
not be mounted on a tower crane other than in accordance with the manufacturers' instructions.

xiii) Tower cranes should not be used for magnet, or demolition ball service, piling operations or other
duties, which could impose excessive loading on the crane structure.

6.9.6 Lifting ropes

i) Only ropes with a known safe working capacity should be used as lifting ropes.

ii) Lifting ropes should be installed, maintained and inspected in accordance with manufacturers'
instructions.

iii) Repaired steel ropes should not be used on hoists.

iv) Where multiple independent ropes are used, for the purpose of stability, to lift a work platform, each
rope should be capable of carrying the load independently.

6.10 VEHICLE MOVEMENT

6.10.1 Park vehicles only at designated places. Don't block roads to create hindrance for other vehicles.

6.10.2 Don't overload the vehicle.

6.10.3 Obey speed limits and traffic rules.

6.10.4 Always expect the unexpected and be a defensive driver.

6.10.5 Drive carefully during adverse weather and road conditions.

6.10.6 Read the road ahead and ride to the left.

6.10.7 Be extra cautious at nights. Keep wind screens clean and lights in working condition.

6.10.8 All vehicles used for carrying workers and construction materials must undergo redictive/preventive
maintenance and daily checks

6.10.9 Driver with proper valid driving license shall only be allowed to drive the vehicle

6.10.10 Routes shall be leveled, marked and planned in such a way so as to avoid potential hazards such
as overhead power lines and sloping ground etc.

6.10.11 While reversing the vehicles, help of another worker should be ensured at all times

6.10.12 An unattended vehicle should have the engine switched off

6.10.13 Wherever possible one-way system shall be followed

6.10.14 Barriers/fixed stops should be provided for excavation/openings to prevent fall of vehicle

6.10.15 Load should be properly secured

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6.10.16 The body of the tipper lorry should always be lowered before driving the vehicle off.

6.10.17 Signs/signals/caution boards etc. should be provided on routes.

6.11 ELECTRICAL

6.11.1 General Provisions


i) Only persons having valid licenses should be allowed to work on electrical facilities.

ii) No person should be allowed to work on live circuit. The same, if unavoidable, special care and
authorisation need to be taken.

iii) Treat all circuits as "LIVE" unless ensured otherwise.

iv) Electrical "Tag Out" procedure "MUST" be followed for carrying out maintenance jobs.

v) Display voltage ratings prominently with "Danger" signs.

vi) Put caution/notice signs before starting the repair works.

vii) All electrical equipment operating above 250V shall have separate and distinct connections to earth
grid.

viii) Proper grounding to be ensured for all switch boards and equipment including Portable ones prior to
taking into service.

ix) Make sure that electrical switch boards, portable tools, equipments (like grinding machine etc.) don't
get wet during their usage. If it happens, stop the main supply, make the tools dry and then only use hem.
Check proper earthing.

All temporary switch boards/ KIOSKS put up at work site should be suitably protected from rain and the
level of same should be high enough to avoid contact with water due to water logging.

x) Don't work wet on electrical system.

xi) Don't overload the electrical system.

xii) Use only proper rated HRC fuses.

xiii) Industrial type extension boards and Plug sockets are only to be used.

xiv) ELCB for all temporary connections must be provided. Use insulated 3-pin plug tops.

xv) All power supply cables should be laid properly and neatly so that they don't cause hindrance to
persons working and no physical damage also takes place to the cables during various construction
activities.

xvi) All Power cables to be properly terminated using glands and lugs of proper size and adequately
crimped.

xvii) Use spark-proof/flame proof type electrical fittings in Fire Hazard zones as per area classification

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xviii) Check installations of steel plates/pipes to protect underground cables at crossings.

xix) Don't lay unarmored cable directly on ground, wall, roof or trees. All temporary cables should be laid
at least 750 mm below ground and cable markers should be provided. Proper sleeves should be provided
at road crossings. In case temporary cables are to be laid on wooden poles/steel poles, the minimum
cable heights should be 4.5 M.

xx) Maintain safe overhead distance of HT cables as per Indian Electricity Rules and relevant acts.

xxi) Don't connect any earthing wire to the pipelines/structures.

xxii) Don't make any unsafe temporary connections, naked joints/wiring etc.

xxiii) Ensure that temporary cables are free from cuts, damaged insulation, kinks or improper insulated
joints.

xxiv) Check at periodic intervals that pins of sockets and joints are not loose.

xxv) Protect electrical wires/equipments from water and naked flames.

xxvi) Illuminate suitably all the work areas.

xxvii) All switchboards should be of MS structure only and incoming source should be marked.

xxviii) Hand lamps should not be of more than 24V rating.

xxix) Fire extinguishers (DCP/CO2/Sand buckets) should be kept near temporary switch boards being
used for construction purposes. Don't use water for fighting electrical fires.

xxx) Insulating mats shall be provided in the front and back end of switch boards.

xxxi) All parts of electrical installations should be so constructed, installed and maintained as to prevent
danger of electric shock, fire and external explosion.

Periodic checking/certification of electrical safety appliances such as gloves, insulating mats, hoods etc.
to be done/witnessed along with maintaining a register at site signed by competent authority.

xxxii) A notice displaying following, should be kept exhibited at suitable places:

a) prohibiting unauthorised persons from entering electrical equipment rooms or from handling
or interfering with electrical apparatus;

b) containing directions as to procedures in case of fire, rescue of persons in contact with live conductors
and the restoration of persons suffering from electric shock;

c) specifying the person to be notified in case of electrical accident or dangerous occurrence, and
indicating how to communicate with him.

xxxiii) No other cables/pipes to be laid in trench used for electrical cables.

xxxiv) Utmost care should be taken while excavating Earth from cable trench to avoid damage or any
accident.

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xxxv) Sub-station floor cut-outs meant for switch board installations to be covered wherever installation
is incomplete.

NOTE: A Residual Current Operated Circuit Breaker (RCCB) or Earth Leakage Circuit Breaker (ELCB),
when installed, protects a human being to the widest extent. RCCB or ELCB should be provided as per
Indian Electricity Rules.

6.11.2 Inspection and maintenance

i) All electrical equipment should be inspected before taking into use to ensure suitability for its proposed
use.

ii) At the beginning of every shift, the person using the electrical equipment should make a careful
external examination of the equipment and conductors, especially the flexible cables.

iii) Apart from some exceptional cases, work on or near live parts of electrical equipment should be
forbidden.

iv) Before any work is begun on conductors or equipment that do not have to remain live:

a) the current should be switched off by a responsible authorised person;

b) precautions should be taken to prevent the current from being switched on again;

c) the conductors or the equipment should be tested to ascertain that they are dead;

d) the conductors and equipment should be earthed and short-circuited;

e) neighbouring live parts should be adequately protected against accidental contact.

v) After work has been done on conductors and equipment, the current should only be switched on again
on the orders of a competent person after the earthing and short-circuiting have been removed and the
workplace reported safe.

vi) Electricians should be provided with approved and tested tools, and personal protective equipment
such as rubber gloves, mats etc.

vii) All conductors and equipment should be considered to be live unless there is a proof of the contrary.

viii) When work has to be done in dangerous proximity to live parts the current should be cut off. If for
operational reasons this is not possible, the live parts should be fenced off or enclosed by qualified staff
from the sub-station concerned.

6.11.3. Testing

i) Electrical installations should be inspected and tested and the results recorded.

ii) Periodic testing of the efficiency of the earth leakage protective devices should be carried out.

iii) Particular attention should be paid to the earthing of apparatus, the continuity of protective conductors,
polarity and insulation resistance, protection against mechanical damage and condition of connections at
points of entry.

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6.12 OFFSHORE

6.12.1 General

The isolated nature of offshore works are hazardous. They call for greater need for safety and survival at
offshore. Safety at offshore is safety of installations and safety of personnel. Safety problems and
accidents at offshore have high risks due to limited space, sea transport etc. Following are the general
safety guidelines to be followed in addition to the safety guidelines stipulated for specific jobs dealt later
on:

i) Workers should be well trained to do their job independently with high degree of self-control and self-
discipline.

ii) On arrival at offshore, everyone should be briefed about the safety rules to be followed at offshore,
evacuation system etc. All personnel should wear overall (dangri), helmet and shoes for personnel
protection.

iii) In case of emergency, workers should follow instruction.In certain cases instructions may be given to
abandon the offshore installation and evacuate the persons to safe location.

iv) To overcome above problems, offshore personnel must receive training for using life saving
appliances and other personal survival techniques.

v) Any person working at offshore should have one person as standby for any eventuality.

6.12.2 Fire Prevention And Control

i) Provision be made for safe handling and storage of dirty rags, trash, and waste oil. Flammable liquids
and chemicals applied on platform should be immediately cleaned.

ii) Paint containers and hydrocarbon samples, gas cylinders for welding and cutting should be stored
properly. Cylinders should be transported in hand-cart.

iii) Smoking should be restricted and no smoking area should be identified.

iv) Special attention should be given to crude oil pump seals, diesel and gas engines which are potential
source of ignition in the event of failure.

v) Fire and smoke detectors i.e. ultraviolet heat, thermal and smoke detector should be function tested
once in three months.

vi) Fire is controlled in offshore by water spraying, Halon, CO2 flooding, DCP and sprinkler system.

vii) Foaming agent is applied for controlling fire in liquid hydrocarbon. The system is not effective in gas
fire.

viii) Light weight breathing system should be used.

ix) The fire control plan at offshore should reveal control station, fire alarms and fire detectors, deluge
valves and sprinkler, fire extinguishing appliances, fireman outfit and ventilation system.

x) Fire fighting equipment should be maintained in ready to use condition.

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6.12.3 Life Saving Appliances

i) Life boats with a speed of 6 knots and carrying capacity upto 50 persons are used in offshore.

ii) No. of life boats on one installation should have a capacity to accommodate twice the number of
persons onboard installation.

iii) Launching appliances and life boat equipment should be checked every week.

iv) Boat landing areas should be adequately illuminated.

v) Life raft has no power and they rely on drift.

vi) Life jacket lifts the wearer after entering water.

vii) Life buoys are used to rescue persons if any person accidentally falls in the sea.

viii) All life saving appliances should be inspected by the MMD surveyor /sr. officials once a year.

ix) Every life boat shall be inspected once a week.

x) Every life boat and life raft should be serviced once a year by a competent authority,

6.13 DEMOLITION

6.13.1. General provisions

i) When the demolition of any building or structure might present danger to workers or to the public:

(a) necessary precautions, methods and procedures should be adopted, including those for the disposal
of waste or residues;

(b) the work should be planned and undertaken only under the supervision of a competent
person.

ii) Before demolition operations begin:

(a) structural details and builders' drawings should be obtained wherever possible;

(b) details of the previous use should be obtained to identify any possible contamination and hazards
from chemicals, flammables, etc.;

(c) an initial survey should be carried out to identify any structural problems and risks associated with
flammable substances and substances hazardous to health. The survey should note the type of ground
on which the structure is erected, the condition of the roof trusses, the type of framing used in framed
structures and the load-bearing walls;

(d) a method of demolition should be formulated after the survey and recorded in a method statement
having taken all the various considerations into account and identifying the problems and their solutions;

iii) All electric, gas, water and steam service lines should be shut off and, as necessary, capped or
otherwise controlled at or outside the construction site before work commences.

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iv) If it is necessary to maintain any electric power, water or other services during demolition operations,
they should be adequately protected against damage.

v) As far as practicable, the danger zone round the building should be adequately fenced off and sign
posted. To protect the public a fence 2m high should be erected enclosing the demolition operations and
the access gates should be secured outside working hours.

vi) The fabric of buildings contaminated with substances hazardous to health should be decontaminated.
Protective clothing and respiratory devices should be provided and worn.

vii) Where plant has contained flammable materials, special precautions should be taken to avoid fire and
explosion.

viii) The plant to be demolished should be isolated from all other plant that may contain flammable
materials. Any residual flammable material in the plant should be rendered safe by cleaning, purging or
the application of an inert atmosphere as appropriate.

ix) Care should be taken not to demolish any parts, which would destroy the stability of other parts.

x) Demolition activities should not be continued under adverse climatic conditions such as high winds,
which could cause the collapse of already weakened structures.

xi) To prevent hazards parts of structures should be adequately shored, braced or otherwise supported.

xii) Structures should not be left in a condition in which they could be brought down by wind pressure
or vibration.

xiii) Where a deliberate controlled collapse technique is to be used, expert engineering advice should
be obtained, and:

(a) it should only be used where the whole structure is to come down because it relies on the removal of
key structural members to effect a total collapse;

(b) it should only be used on sites that are fairly level and where there is enough surrounding space for all
operatives and equipment to be withdrawn to a safe distance.

xiv) When equipment such as power shovels and bulldozers are used for demolition, due consideration
should be given to the nature of the building or structure, its dimensions, as well as to the power of the
equipment being used.

xv) If a swinging weight is used for demolition, a safety zone having a width of at least one-and-a-half
times the height of the building or structure should be maintained around the points of impact.

6.13.2. Demolition of structural steelwork

i) All precautions should be taken to prevent danger from any sudden twist, spring or collapse of
steelwork, ironwork or reinforced concrete when it is cut or released.

ii) Steel construction should be demolished tier by tier.

iii) Structural steel parts should be lowered and not dropped from a height.

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6.14 RADIOGRAPHY

6.14.1 All radiography jobs shall be carried out as per Safety Regulations
6.14.2 During field radiography, nearby area around the radiation source should be cordoned off.

6.14.3 If the field radiography is to be done at the same location repeatedly, it is advisable to provide
either a wire fencing around or a temporary brick enclosure.

6.14.4 Special permission/permit should be taken for radiography from area-in-charge.

6.14.5 As far as possible, field radiography should be done only during night time when there is little or no
occupancy there.

6.14.6 Radiation warning signals should be pasted all along the cordoned off area.

6.14.7 Entry into the restricted area by unauthorised persons should be strictly prohibited during
exposure.

6.14.8 The radiation level alongwith the cordon should be monitored by a suitable and well-calibrated
radiation survey meter.

6.14.9 All personnel working with radiography sources should wear appropriate protective equipment and
film badges issued by Auhtorities.

6.14.10 Protection facilities such as manipulator rod, remote handling tongs, lead pots, radiation hazard
placards and means of cordon off shall be available at each site.

6.14.11 The radiography source shall never be touched or handled directly with hands.

6.14.12 The package containing radiography cameras and sources should never be carried by public
transport like bus, train etc.

6.14.13 Radiography sources and cameras, when not in use, should be stored inside a source pit with
lock and key arrangement as approved. The storage room should preferably be located in an
isolated area of minimum occupancy and radiation level outside the storage room should not exceed 0.25
mR/hr.

6.14.14 In case of an accident (due to loss or of damage to radiography source), action should be taken
in line with Safety Rules/Guidelines.

6.15 SAND/SHOT BLASTING/ SPRAY PAINTING

6.15.1 Sand blasting should be used only after approval from competent person.

6.15.2 Air Compressor used for sand/shot blasting/painting should have guard and positioned away from
the work place.

6.15.3 Exhaust of the prime mover, if IC engine is used, should be directed away from the work place.
6.15.4 In case of motor driven compressor, the body of the motor as well as the compressor to be roperly
earthed.

6.15.5 The hoses used for compressed air should be of proper quality, and health of the same to be
ensured through regular check/ test.

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6.15.6 The operator of sand/shot blasting/painting should wear suitable PPE's including mask.

6.15.7 Adequate measures to be taken to suppress dust/spray particle.

6.15.8 Sand used for sand blasting should be suitably covered & protected from to rain/moisture.
6.15.9 When these activities are done in confined places, adequate measure to be taken for proper
ventilation.

6.16 WORK ABOVE WATER

6.16.1 General Provisions

i) Where work is done over or in close proximity to water & where possibility of drowning exists,
provision should be made for:

a) Preventing workers from falling nto water;

b) The rescue of workers in danger of drowning;

c) Safe and sufficient transport.

ii) Provisions for the safe performance of work over or in close proximity to water should include,
where appropriate, the provision and use of suitable and adequate:

a) fencing, safety nets and safety harnesses;

b) lifebuoys, life jackets and manned boats;

c) protection against such hazards as reptiles and other animals.

iii) Gangways, pontoons, bridges, footbridges and other walkways or work places over water should:

a) possess adequate strength and stability;

b) be sufficiently wide to allow safe movement of workers;

c) have level surfaces free from tripping hazards;

d) be adequately lit when natural light is insufficient;

e) where practicable and necessary, to prevent danger, be provided with toe-boards, guard rails, hand
ropes etc.

f) be secured to prevent dislodgment by rising water or high winds;

g) if necessary, be equipped with ladders which should be sound, of sufficient strength and length and be
securely lashed to prevent slipping.

iv) All deck openings including those for buckets should be fenced.

6.16.2 Rescue & Emergency procedures

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i) Persons who work over water should be provided with some form of buoyancy aid. Life jackets should
provided sufficient freedom of movement, have sufficient buoyancy to bring persons to the surface and
keep them afloat face upwards, be easily secured to the body, be readily visible by way of self luminous
paint/strip.

ii) Nobody should work alone on or above water.

iii) Each worker should be trained in the procedure to be followed in the event of an emergency.

7.0 ADDITIONAL SAFETY PRECAUTION FOR UNITS WITH HYDROCARBONS

In addition to general safety precautions as outlined above for the activities in Clause 6.0, following
additional safety precautions need to be taken for the sites within the operating area or nearby, where
presence of Hydrocarbons cannot be ruled out.

i) No job shall be carried out without a valid permit. Permit should be in line with "Work Permit System".

ii) Smoking should be prohibited in all places containing readily combustible or flammable materials and
"No Smoking" notices be prominently displayed.

iii) In confined spaces and other places where flammable gases, vapours or dusts can cause danger,
following measures should be taken:

(a) only approved type electrical installations and equipment, including portable lamps, should be used;
(b) there should be no naked flames or source of ignition;

(c) oily rags, waste and clothes or other substances liable to spontaneous ignition should be removed
without delay to a safe place;

(d) ventilation should be provided.

iv) Regular inspections should be made of places where there are fire risks. These include the vicinity of
heating appliances, electrical installations and conductors, stores of flammable and combustible aterials,
welding and cutting operations.

v) Welding, flame cutting and other hot work should only be done after issuance of work permit in line with
the requirement after appropriate precautions, as required, are taken to reduce the risk of fire. For
carrying out other jobs also, regulations should be followed strictly.

vi) Fire-extinguishing equipment should be well maintained and inspected at suitable intervals by a
competent person. Access to fire-extinguishing equipment such as hydrants, portable extinguishers and
connections for hoses should be kept clear at all times.

vii) All supervisors and a sufficient number of workers should be trained in the use of fire extinguishing
equipment, so that adequate trained personnel are readily available during all working periods.

viii) Audio means to give warning in case of fire should be provided where this is necessary to prevent
danger. Such warning should be clearly audible in all parts of the site where persons are liable to work.
There should be an effective evacuation plan so that all persons are evacuated speedily without panic
and accounted for and all plant and processes shut down.

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ix) Notices should be posted at conspicuous places indicating:

(a) the nearest fire alarm;

(b) the telephone number and address of the nearest emergency services.

x) The work site shall be cleared of all combustible materials, as Sparks and molten metal coming from
the welding job can easily ignite combustible materials near or below the welding site. If the combustible
materials cannot be removed from the area, the same shall be properly shielded.

xi) A dry chemical type fire extinguisher shall be made available in the work area. Also fire protection
facilities like running hoses etc. as per permit should be complied with.

xii) Wherever required, welding screens shall be put up to protect other equipment in adjoining areas
against flying sparks. Material used should be metal/asbestos/water curtain.

xiii) Welding or cutting of vessels/ equipments used in Hydrocarbon/ hazardous chemicals shall be done
after proper gas freeing and verifying the same with the explosive-meter
.
xiv) The confined space/equipment shall be gas freed and cleaned.

xv) Absence of any toxic gas and any flammable gas above explosion limit shall be ensured with the help
of gas detection instrument and explosive meter respectively.

xvi) Used and hot electrode stubs shall be discarded in a metal bucket.

xvii) Use approved and certified flame arrestors for vehicles.

xviii) Work permit to be obtained, if construction work is carried out within existing operating area.

8.0 FIRST AID

First aid facilities should be provided in line with various statutory regulations like factory act etc.
However following care should be taken:

i) First aid, including the provision of trained personnel should be ensured at work sites. Arrangement
should be made for ensuring the medical attention of the injured workers. First aid box should be as per
the Factory rules.

ii) Suitable rescue equipment, like stretchers should be kept readily available at the construction site.

iii) First-aid kits or boxes, as appropriate and as per statutory requirements, should be provided at
workplaces and be protected against contamination by dust, moisture etc.

iv) First-aid kit or boxes should not keep anything besides material for first aid in emergencies.

v) First-aid kits and boxes should contain simple and clear instructions to be followed, be kept under
the charge of a responsible person qualified to render the first aid and be regularly inspected and
stocked.

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vi) Where the work involves risk of drowning, asphyxiation or electric shock, first-aid personnel should
be proficient in the use of resuscitation and other life saving techniques and in rescue procedures.

vii) Emergency telephone numbers of nearby Hospitals, Police, Fire Station and Administration should
be prominently displayed.

9.0 DOCUMENTATION

The intention of keeping documentation of all types of accident(s) is to prevent recurrence of similar
accident(s). All accidents should be reported as per Guidelines issued

All accidents (major, minor or near miss) should be investigated, analysed and recommendations should
be documented along with implementation status.

All related data should be well-documented and further analysis highlighting the major cause(s) of
accidents be done. This will help in identifying thrust areas and training needs for prevention of accidents.

10.0 SAFETY AWARENESS & TRAINING

Safety awareness to all section of personnel ranging from site-in-charge to workmen helps not only
preventing the risk but also build up the confidence. Time and expenditures also get saved as a result.
Safety awareness basically seeks to persuade/inform people on safety besides supplementing skill also.
Awareness programme may include followings:

i) Poster: Posters with safety slogan in humorous, gruesome demonstrating manner may be used to
discourage bad habits attributable to accidents by appealing to the workers' pride, self-love, affection
curiosity or human aspects. These should be displayed in prominent location(s).

ii) Safety Sign Boards: Different type of message of cautioning, attention, notice etc. should be displayed
at the appropriate places for learning/ awareness of the workmen while working at site.

iii) Films & Slides: Film(s) narrating the accident including the causes and possible remedial ways of
preventing the recurrence of a similar accident should be displayed at regular intervals. Slides consisting
main points of the film show may also be shown to workers.

iv) Talks, lectures & conferences: The success of these events would depend much on audience's
understandings of the speaker (s). The speakers are to be knowledgeable and good presenter. Speakers
should know to hold the attention and to influence the audiences.

v) Competitions: Organise competition(s) between the different deptts/categories of workers. The


sense of reward/recognition also will improve safety awareness and result in enhancing safety levels.

vi) Exhibitions: Exhibitions also make the workers acquainted with hazards and means of preventive
measures.

vii) Safety Publication: Safety publications including pocket books dealing with ways of investigation
and prevention in the field of safety and so on, may be distributed to workers to promote the safety
awareness.

viii) Safety Drives: From time to time, an intensive safety drive by organising a safety day or a safety
week etc. should be launched.

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ix) Training: Training for covering the hazards for different trade should be imparted. Training should also
include the specific hazards related to a job in addition to the general safety training as has been dealt in
various chapters and should include all workers.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

PINSENT MASONS DRAFT 07.11.16

DANGOTE OIL REFINING COMPANY LIMITED


and
DANGOTE PETROLEUM REFINERY AND PETROCHEMICALS FREE ZONE ENTERPRISE
(“Employers”)

and
[ ]
(“Contractor”)

GENERAL PURCHASE CONDITIONS

FOR THE DESIGN, MANUFACTURE AND SUPPLY OF GOODS


In respect of the
PETROLEUM REFINERY AND POLYPROPYLENE PLANT
IN LEKKI FREE TRADE ZONE, NIGERIA

1
Dangote Refinery GPC Template Static 07.11.16

Page 117 of 257


Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

SECTION 1 : ARTICLES OF AGREEMENT

SECTION 2 : GENERAL CONDITIONS OF CONTRACT

2
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Page 118 of 257


Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

SECTION 1

ARTICLES OF AGREEMENT

THIS AGREEMENT is made on 20[ ]

BETWEEN:

(1) DANGOTE OIL REFINING COMPANY LIMITED a company duly incorporated and
existing under the laws of the Federal Republic of Nigeria with RC No: 679062 and having
its registered office at Union Marble House, 1 Alfred Rewane Road, Ikoyi, Lagos Nigeria (
“DORC”);

(2) DANGOTE PETROLEUM REFINERY AND PETROCHEMICALS FREE ZONE


ENTERPRISE a company duly incorporated and existing under the laws of the Federal
Republic of Nigeria with RC No: NEPZA FORM RCI/0660 and having its registered office at
Lekki Free Trade Zone (LFTZ), Lekki Coastal Road Ibeju-Lekki, Lagos State, Nigeria
(“DPRP")

DORC and DPRP being together referred to as the


"Employers"; and

(3) [ ] a company incorporated under the laws of [ ] and whose principal


place of business is [ ], (the “Contractor”).

RECITALS

(A) The Employers require the provision of certain supplies and the carrying out and completion
of certain works and/or services in connection with the procurement of technology licences,
technology management licensor services, design, engineering, procurement, construction,
installation, completion, commissioning, testing, operation and maintenance of a petroleum
refinery, polypropylene plant and associated infrastructure in Lekki Free Trade Zone, Nigeria
(the “Project”).

(B) The Contractor has represented that it has the experience, expertise, capability and know-
how to ensure that the Goods are designed, manufactured, completed and delivered in
accordance with the terms of the Contract.

(C) In reliance on the representations in Recital B, the Employers engage the Contractor to
Supply the Goods, and the Contractor agrees to Sell and Supply the Goods and remedy any
Defects therein, on the terms and conditions of the Contract.

(D) The Contractor acknowledges that the Employers have entered into or will enter into other
contracts with other contractors for elements of the Project not comprised in the Contract.

(E) These Articles of Agreement have been executed and delivered in accordance with the laws
of England.

(F) The terms and conditions of the Contract have been fully negotiated between the Employers
and the Contractor as Parties of competent capacity and equal standing.

THEREFORE IT IS AGREED as follows:

1. In these Articles of Agreement (and the Recitals to it) words and expressions shall have the
meanings assigned to them herein and in the General Conditions of Contract referred to
below.

2. In consideration of the payments to be made by the Employers to the Contractor under the
Contract, the Contractor shall Sell and Supply the Goods and discharge all the other

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obligations on its part specified in, or reasonably to be inferred from, and in all respects in
accordance with, the Contract.

3. In consideration of the full and complete discharge of the Contractor’s obligations under the
Contract, the Employers shall pay to the Contractor the Contract Value at the times and in
the manner prescribed in the Contract.

4. The following documents shall be deemed to comprise the Contract:

4.1 this Agreement as amended by the Particular Conditions of Contract (if any);

4.2 the General Conditions of Contract as amended by the Particular Conditions of Contract (if
any);

4.3 the Annexes.

5. The Contract is to be read as a whole provided that in the event of any inconsistency
between this Agreement and/or the General Conditions of Contract and the Particular
Conditions of Contract, the Particular Conditions of Contract shall take precedence.

6. The Contract will be governed by and construed in accordance with English law and any
Dispute shall be dealt with in accordance with the provisions of Clause 33 [Dispute
Resolution] of the General Conditions of Contract.

IN WITNESS whereof these Articles of Agreement have been executed and delivered as a deed by
the Parties the day and year first before written:

EXECUTED as a DEED by )
DANGOTE OIL REFINING COMPANY )
LIMITED
Acting by two of its Directors: ) …………………………………………………………..
Director

…………………………………………………………..
Director

EXECUTED as a DEED by )
DANGOTE PETROLEUM REFINERY )
AND PETROCHEMICALS FREE ZONE
ENTERPRISE
Acting by two of its Directors: ) …………………………………………………………..
Director

…………………………………………………………..
Director

EXECUTED as a DEED by )
[CONTRACTOR] )
Acting by two of its Directors / )
Authorised Representatives: ) …………………………………………………………..
Director / Authorised Representative

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…………………………………………………………..

Director / Authorised Representative

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SECTION 2

GENERAL CONDITIONS OF CONTRACT

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INDEX TO GENERAL CONDITIONS

1 DEFINITIONS, INTERPRETATION AND CONDITIONS PRECEDENT 9

2 EMPLOYERS' REPRESENTATIVE, PROJECT MANAGER AND CONTRACTOR'S


REPRESENTATIVE 21

3 BANK GUARANTEES 22

4 CONTRACTOR’S GENERAL OBLIGATIONS 25

5 SUBCONTRACTORS 30

6 CO-OPERATION 30

7 SUFFICIENCY OF THE ACCEPTED PURCHASE PRICE 30

8 MATERIALS 31

9 THIRD PARTY INSPECTION 31

10 TESTING 32

11 OWNERSHIP OF THE GOODS 32

12 ROYALTIES 33

13 SPARE PARTS 33

14 PROGRAMME 34

15 ACCELERATION 34

16 EXTENSION OF TIME 34

17 DELAY DAMAGES 35

18 SUSPENSION 35

19 DELIVERY 36

20 DEFECTS LIABILITY 38

21 TESTS AFTER DELIVERY 40

22 VARIATIONS 40

23 CONTRACT VALUE AND PAYMENT 41

24 CONTRACTOR'S CLAIMS 44

25 EMPLOYERS' CLAIMS 45

26 ASSIGNMENT 45

27 INSURANCE 45

28 TERMINATION 46

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29 FORCE MAJEURE 47

30 CONFIDENTIALITY 48

31 WAIVERS AND REMEDIES CUMULATIVE 50

32 NOTICES 50

33 DISPUTE RESOLUTION 52

34 ENTIRE AGREEMENT 55

35 SEVERANCE 55

36 GOVERNING LAW AND JURISDICTION 55

37 ANTI-BRIBERY, CORRUPTION, CONFLICTS OF INTEREST AND SANCTIONS 55

38 AUDITS 57

39 LIABILITY OF THE CONTRACTOR 58

40 LIABILITY OF THE EMPLOYERS 59

41 LIABILITY OF THE GOVERNMENT OF [●] 59

ANNEXES 60

ANNEX 1 - CONTRACT PARTICULARS 61

ANNEX 2 : EMPLOYER'S REQUIREMENTS 64

ANNEX 3 : FORMS OF SECURITY 65

ANNEX 4 : PURCHASE PRICE 88

ANNEX 5 : RELY UPON INFORMATION 89

ANNEX 6 : SPARE PARTS 90

ANNEX 7 : PAYMENT TERMS 91

ANNEX 8 : PARTICULAR CONDITIONS OF CONTRACT 91

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1. DEFINITIONS, INTERPRETATION AND CONDITIONS PRECEDENT

1.1 Definitions

In the Contract, unless the context otherwise requires:

"Accepted Purchase Price" has the meaning given in Clause 23.1.1 [Accepted
Purchase Price and Currency];

"Advance Payment" means the amount so described in the Contract


Particulars or if no such amount is stated, zero
Dollars;

“Advance Payment Bank means the security procured and maintained in


Guarantee” force by the Contractor in accordance with Clause
3.2 [Advance Payment Bank Guarantee] in the form
set out in Part 1 [Form of Advance Payment Bank
Guarantee] of ANNEX 3 [Forms of Security];

“Affiliate” means in relation to any of the Parties, any other


entity which, directly or indirectly through one or
more intermediaries, controls, is controlled by, or is
under common control with such Party. An entity is
controlled by ownership of more than fifty percent
(50%) of its voting shares or the possession of the
power to direct the management of policies of that
entity, whether through ownership of voting
securities or partnership or other ownership
interests;

“Agency” includes any state or supranational organisation


and any agency, authority, department,
government, legislature, minister, ministry, official or
public person in Nigeria or other relevant location
(in every case whether autonomous or not);

“Annex” and “Annexes” mean any Annex or Annexes to the Contract;

“Application for Payment” means an application for payment submitted by the


Contractor as part of an application, under Clause
23 [Contract Value and Payment] for a Payment
Statement;

“Articles of Agreement” means the document recording the terms of the


Contract between the Employers and the
Contractor set out in Section 1 of the Contract;

“Business Day” means any day (other than a Saturday or Sunday)


when banks are open for the transaction of
business in Lagos, Nigeria;

”Commencement Date” means, in respect of the Supply of the Goods, the


date stated in the Contract Particulars;

“Condition(s) Precedent” means any of the conditions precedent set out in


Clause 1.6 [Conditions Precedent];

“Confidential Information” means information disclosed by the disclosing Party


or its employees, officers, representative, advisers,

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contractors or suppliers to the recipient Party and the


recipient Party’s employees, officers, representative,
advisers, contractors or suppliers which relates to:

the provisions of the Contract;

the negotiations relating to the Contract;

the performance of the Contract; or

the other Parties or any aspect of their


business or operations,

including for the avoidance of doubt any and all


technical information so received or obtained relating
to any and all of the processes, units, equipment
and/or catalysts forming or to form part of the Project,
but not including any information that:

is, or becomes, generally available to the


public (other than as a result of disclosure
by the recipient Party in breach of the
Contract); or

was available to the recipient Party on a


non-confidential basis before disclosure by
the disclosing Party; or

was, is or becomes available to the


recipient Party on a non-confidential basis
from a person who, to the recipient Party’s
knowledge, is not bound by a confidentiality
agreement with the disclosing Party, or
otherwise prohibited from disclosing the
information to the recipient Party; or

was lawfully in the possession of the


recipient Party on a non-confidential basis
before the information was disclosed to it in
relation to the Contract;

“Contract” means the Articles of Agreement together with the


General Conditions and the Annexes;

“Contract Date” means the date of the Articles of Agreement;

“Contract Documentation” means each of the Articles of Agreement, the


General Conditions and the Annexes;

"Contract Particulars" means the information set out in ANNEX 1


[Contract Particulars]:

“Contract Value” means the Accepted Purchase Price payable to the


Contractor in accordance with Clause 23 [Contract
Value and Payment] for the completion of the
Works as the same may be adjusted (upwards or
downwards) strictly in accordance with the express

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provisions of the Contract;

"Contractor” means the person or persons so named at the


beginning of the Articles of Agreement, its or their
successors and duly permitted assigns;

“Contractor’s Documentation” means any and all designs (engineering or


otherwise), calculations, drawings, diagrams,
documents, specifications, samples, simulations,
models, schedules, quality assurance and quality
control documents, method statements,
procedures, material receipts and consumption
statements, registers, test reports and records
regarding the Goods and the Sale and Supply
thereof, manuals and other information (including
any of the aforementioned which are in electronic
disk form and all calculations and logic or sequence
overview diagrams or computer software) prepared,
submitted, or required to be prepared or submitted,
by the Contractor in respect of the Goods and the
Sale and Supply thereof and “Contractor's
Document” means any one thereof;

“Contractor’s Personnel” means the Contractor’s Representative and all


personnel whom the Contractor utilises in
connection with the Contract, including all
personnel of each Subcontractor;

“Contractor’s Representative” means the person appointed as such by the


Contractor in accordance with Clause 2.3
[Contractor's Representative] and whose details are
set out in the Contract Particulars unless notified
otherwise to the Project Manager in writing;

“Cost” means all expenditure reasonably, properly and


unavoidably incurred (or to be incurred) by the
Contractor directly in connection with the
performance of his obligations under the Contract,
but does not include profit;

“Defect” means any defect (including any inherent defect),


omission, fault or other non-compliance with the
Contract in the Goods or any part thereof (including
the Contractor's Documents or any of them) that
exists or arises as a consequence of a failure by the
Contractor to comply with his obligations under the
Contract, together with any resulting damage to the
Goods or any part thereof, and "Defective" shall be
construed accordingly;

“Defects Liability Period” means the period for notifying Defects in the Goods
or any part thereof (including the Contractor's
Documents or any of them) under Clause 20
[Defects], being in each case the period:

(a) commencing on the date stated in a


Delivery Certificate as the date on which
Delivery took place; and

(b) expiring on the relevant DLP Expiry Date,

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subject to any extension in accordance with


Sub-Clause 20.3 [Extension of Defects
Liability Period];

"Delay Damages" means such liquidated damages as set out in and


payable by the Contractor to the Employers in
accordance with Clause 17 [Delay Damages];

"Deliver" means to deliver the Goods or any part thereof to


the Delivery Location in good condition, complete
(where appropriate) with all manuals, designs,
protocols and software, all to be free from Defects
and not subject to any lien, pledge, reservation of
title or other encumbrances whatsoever, and
"Delivery" and "Delivered" shall be construed
accordingly;

"Delivery Certificate" means the certificate issued by the Employers and


signed by a director of either of the Employers in
accordance with Clause 19.5.2 [Delivery of Goods];

"Delivery Location" means the place or places specified in the Contract


Particulars as the location(s) at which the Goods (or
any part thereof) are to be Delivered by the
Contractor in accordance with the Contract;

“Dispute” has the meaning specified in Clause 33 [Dispute


Resolution];

"Dispute Panel" means the Director of the Employers and the


Director of the Contractor each as specified in the
Contract Particulars;

"DLP Expiry Date" means:

(i) the date which is the earlier of:

(a) twenty-four (24) Months after the date of


Delivery as stated in the Delivery
Certificate for the relevant Goods or part
thereof; and

(b) eighteen (18) Months after commissioning


of the relevant Goods or part thereof; or

(ii) such later date for expiry of the relevant Defects


Liability Period as may be determined in
accordance with Clause 20.3 [Extension of
Defects Liability Period].

“Dollars or $” means United States Dollars;

“Effective Date” means the date upon which all the Conditions
Precedent in Clause 1.6 [Conditions Precedent]
are satisfied;

“Employer” means each of DORC and DPRP, their respective


successors and duly permitted assigns;

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“Employers' Personnel” means the Employers' staff, labour and other


employees of the Employers (excluding the
Employers' Representative); and any other
personnel notified to the Contractor by the
Employers as Employers' Personnel;

“Employers' Representative” means Mr Devakumar Edwin or such other person


as notified by the Employers to (i) the Project
Manager and (ii) the Contractor's Representative
from time to time in accordance with Clause Error!
eference source not found. [Employers'
Representative];

“Employer’s Requirements” means the specification and other requirements to


be satisfied by the Contractor in Supplying the
Goods as set out in ANNEX 2 [Employers
Requirements] and any additions and modifications
thereto in accordance with the Contract;

"Erection Procedures" means the erection procedures to be developed by


a Related Works Contractor in accordance with the
Contractor's recommendations as referred to under
Clause 4.13 [Recommendations for Erection
Procedures], which are to be followed by a Related
Works Contractor when erecting or installing the
Goods or any part thereof in the Plant;

"Extension of Time Events" has the meaning given in Clause 16.1 [Extension of
Time(s) for Delivery];

“Final Acceptance Certificate” means a certificate issued by the Employers and


signed by any director of either of the Employers on
behalf of the Employers in accordance with Clause
20.7 [Final Acceptance Certificate].

“Force Majeure” means an exceptional event or circumstance:

(a) which is beyond a Party's control;

(b) which such Party could not reasonably


have provided against before the Effective
Date; and

(c) which, having arisen, such Party could not


reasonably have avoided or overcome,

and includes but is not limited to:

(i) war, hostilities (whether war be declared or


not), invasion and act or foreign enemies;

(ii) rebellion, terrorism, revolution, insurrection,


military or usurped power or civil war;

(iii) munitions of war, explosive materials,


ionising radiation or contamination by
radio-activity, except as may be attributable
to the Contractor's own use of such
munitions, explosives, radiation or radio-

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activity; or

(iv) natural catastrophes such as earthquakes,


hurricanes, typhoons or volcanic activity;

Force Majeure shall not include (A) strike, lock-out


or any other industrial action or labour dispute (in
connection with the carrying out of the Works)
involving only an enterprise or business or Affiliate
of the affected Party or its agents or subcontractors;
or, (B) lack of funds;

"General Conditions" means the conditions of contract set out in Section


2 of the Contract;

"Good Industry Practice" means the degree of skill, care, prudence, foresight
and diligence reasonably to be expected of a
properly qualified, skilled and experienced
manufacturer, engineer, designer and contractor
engaged in the Sale and Supply of Goods of a
similar nature to the Goods in connection with
projects of a similar nature, scope, size and
complexity to the Project and the remedying of
Defects under the same or similar circumstances,
where such contractor is seeking to comply with his
contractual obligations and all applicable Laws;

“Goods” means the things and items (including, where the


context so permits or requires, the Contractor's
Documents and Spare Parts) to be Supplied and
Sold pursuant to the Contract in accordance with
the Employer's Requirements, or any of them as
appropriate, together with any software required for
the safe and proper operation of the Goods (as
applicable) as part of the Project;

"Incoterms" means, unless stated otherwise in the General


Conditions or ANNEX 1 [Contract Particulars], the
latest edition, as at the date of the Contract, of the
international rules for interpreting trade terms
published by the International Chamber of
Commerce, 38 Cours Albert 1er, 75008 Paris,
France. Unless inconsistent with any provision of
the Contract, the meaning of any trade term and the
rights and obligations of Parties thereunder shall be
as prescribed by Incoterms;

“Insolvency” means where an organisation:

(a) has passed a resolution to place itself in


voluntary liquidation (otherwise than for
the purposes of reconstruction or
amalgamation) or has had a statutory
demand served on it;

(b) has had a winding-up order made against


it;

(c) has had a director or other authorised


representative of the organisation petition

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the court for an administration order to be


made in its favour;

(d) has entered into an arrangement or


compromise with its creditors;

(e) has had an encumbrancer take possession


or a receiver appointed over a substantial
part of its property or assets;

(f) being a limited liability company, has been


dissolved;

(g) has ceased, or has threatened to cease, to


carry on business; or

(h) means any act is done or event occurs


which (under applicable law) has a similar
effect to any of the aforementioned acts or
events;

“Intellectual Property Rights” means and includes any and all current and future
intellectual property rights of whatever nature and in
whatever form including without limitation patents,
trade marks, service marks, registered designs,
domain names, pending applications for any of the
foregoing, trade and business names, brand
names, unregistered trade marks and service
marks, unregistered designs and rights in designs,
inventions, improvements, copyrights and rights in
the nature of copyright, database rights, moral
rights, know-how, trade secrets and all other similar
or equivalent intellectual property rights subsisting
under the laws of each and every jurisdiction
throughout the world and all reversions, renewals
and extensions of any of the foregoing;

“Law” includes any statute, law, directive, bye-law,


regulation, rule, order or delegated legislation of
any Agency and the requirements of all consents,
permissions and authorisations relevant to the Sale
and Supply of the Goods;

"Letter of Credit" means the security procured and maintained in


force by the Employers in accordance with Clause
3.4 [Employer Standby Letter of Credit] in the form
set out in Part 4 [Form of Standby Letter of Credit]
of Annex 3 [Forms of Security];

“LIBOR” means the three (3) Month London inter-bank


offered rate for the Dollar as quoted in the London
Financial Times;

"Milestones" means the milestones set out in ANNEX 7


[Payment Terms] and "Milestone" means any one
of them;

“Month” means a calendar month and “Monthly” shall be


construed accordingly;

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"Particular Conditions of means the amendments (if any) to the Articles of


Contract" Agreement and the General Conditions of Contract
as set out in ANNEX 8 [Particular Conditions of
Contract];

“Parties” means the signatories to the Articles of Agreement,


their successors and permitted assigns and “Party”
shall be construed accordingly;

“Payment Statement” means a payment statement issued under Clause


23.5 [Issue of Payment Statement];

“Performance Bank Guarantee” means the security maintained in force by the


Contractor in accordance with Clause 3.1
[Performance Bank Guarantee] for the due
performance of the Contract in the form set out in
Part 2 [Form of Performance Bank Guarantee] of
ANNEX 3 [Forms of Security];

"Permitted Subcontractor" means a Subcontractor named in the Contract


Particulars or such other subcontractor as may be
approved by the Employers in writing in accordance
with Clause 5 [Subcontractors];

"Plant" means such of the units, facilities, offsites and


utilities associated with the Project (as more
particularly described in the Employer's
Requirements) and in relation to which the
Contractor shall Sell and Supply the Goods;

“Proforma Invoice” means the invoice in the form attached in Part 5 of


Annex 3 to be submitted when opening the Letter of
Credit;

"Project Manager" means the person specified as such in the Contract


Particulars being an employee of Engineers India
Limited (being the entity appointed by the
Employers to act as their Project Manager for the
Project) or such other person as notified in writing
by the Employers' Representative to the Contractor
from time to time;

“Project” has the meaning given in Recital (A) of the Articles


of Agreement;

"Related Parties" has the meaning given in Clause 33 [Dispute


Resolution];

"Related Works" means work or other activities that form part of the
Project to be carried out by a Related Works
Contractor under a separate contract with either or
both of the Employers or Project Manager;

"Related Works Contract" means the contract pursuant to which a Related


Works Contractor will or has performed such of the
Related Works for which it is responsible;

"Related Works Contractor" means a contractor, designer, supplier or service


provider engaged by the Employer or Project
Manager to carry out Related Works (and includes

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the Project Manager);

"Rely Upon Information" means the information set out in ANNEX 5 [Rely
Upon Information];

"Sanctioned Person" means any person:

(a) that is sanctioned under any economic or trade


sanction, regulation, statute or official embargo
measure imposed by the United Nations or the law
of the United States of America, the European
Union, the United Kingdom or any other country;
and/or

(b) named in the 'Specially Designated Nationals


and Blocked Persons' list maintained by the United
States Department of the Treasury or any similar or
equivalent list maintained by the government of any
other country.

"Sell" means to sell the Goods (including the Contractor's


Documents) to the Employers, and "Sale" and
"Sold" shall be construed accordingly;

“Shipping Documentation” means all documentation, other than the Proforma


Invoice, required for, and relating to, the importation
of the Goods into Nigeria;

“Site” means the places or areas at or on which the


Project is to be located, as identified in ANNEX 2
[Employer's Requirements], and any other places
as may be specified in the Contract as forming part
of the Site;

"Spare Parts" means those parts and other items of equipment or


materials which are listed in ANNEX 6 [Spare Parts]
and any other parts and equipment which may be
used in the operation and maintenance of the
Goods or any part thereof, to be provided by the
Contractor to the Employesr pursuant to Clause 13
[Spare Parts];

“Standards” means any standards, norms or codes of practice


which are applicable to the Goods (or any part of
them) and which are specified in ANNEX 2
[Employer's Requirements] or to the extent they are
not specified in ANNEX 2 [Employer's
Requirements], any internationally recognised
standards (being British or equivalent European
standards, norms and codes) specified in writing by
the Employers at the applicable time;

“Subcontract” means the agreement, contract or other


arrangement under which a Subcontractor is
appointed, employed or engaged by the Contractor
and cognate words shall be construed accordingly;

“Subcontractor” means any person or organisation appointed,


employed or engaged by the Contractor for any part
of the Supply of the Goods (and includes suppliers,

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providers of services and manufacturers);

"Supply" means to design, manufacture, procure, integrate,


assemble, store, pack, transport and Deliver the
Goods or any of them, and each of the design,
manufacture, procurement, integration, assembly,
storage, packing, transportation and Delivery of the
relevant Goods constitutes an element of the
Supply thereof, and "Supplied" shall be construed
accordingly;

“Tax” or "Taxes" includes any tax, levy, import, duty or other, charge,
fee, deduction or withholding of any nature,
(including any interest or penalties in respect
thereof);

"Term" means a period of years which begins on the


Commencement Date (with such period of years
being set out in the Contract Particulars);

"Tests after Delivery" means the tests (if any) of the Goods or any part
thereof which are specified in ANNEX 2 [Employer's
Requirements] or elsewhere in the Contract and
which are carried out as provided in Clause 21
[Tests after Delivery] after a Delivery Certificate is
issued, or any repeats of such tests;

"Third Party Inspection means the organisation referred to in the Contract


Agency" Particulars or such other organisation as notified by
the Project Manager to the Contractor's
Representative from time to time;

“Time(s) for Delivery” means each date which is a time or times for
Delivery of the Goods (including the Contractor's
Documents) or any part thereof as stated in the
Contract Particulars, as such time or times may be
adjusted in accordance with Clause 19 [Delivery];

“Unforeseeable” means not reasonably foreseeable by an


experienced contractor exercising Good Industry
Practice at the Commencement Date;

“Variation” means any alteration to, amendment of, addition to,


omission from, or change to, the Supply of the
Goods pursuant to Clause 22 [Variations]; and

“Variation Order” means any written order, identified as such, issued


to the Contractor by the Employers' Representative
and signed by a director of either of the Employers
on the Employers' behalf in respect of a Variation
under Clause 22 [Variations].

1.2 Interpretation

In the Contract:

1.2.1 where a word or phrase is given a particular meaning, other parts of speech and
grammatical forms of that word or phrase have corresponding meanings;

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1.2.2 words importing the singular shall include the plural, words importing the plural
shall include the singular and words importing one gender shall include the other
gender;

1.2.3 provisions including the word "agree", "agreed" or "agreement" require the
agreement to be recorded in writing and signed by the Parties;

1.2.4 references to clauses and Annexes are to clauses of and Annexes to the General
Conditions, unless otherwise specified;

1.2.5 words preceding “include”, "includes", “including”, "in particular", "such as", "for
instance", "for example", "other" and "otherwise" and any similar expressions shall
be construed without implying limitation by the words which follow such words and
the rule of interpretation known as ejusdem generis shall not apply;

1.2.6 references to “person” shall be construed so as to include any individual, firm,


company, Agency or any joint venture, association or partnership (whether or not
having separate legal personality);

1.2.7 any reference to an enactment, order, regulation or other similar instrument shall
be construed as a reference to that enactment, order, regulation or instrument as
amended, replaced, consolidated or re-enacted;

1.2.8 references to the “Contractor” shall be deemed to include reference to its


Subcontractors and their respective agents and employees;

1.2.9 "written" or "in writing" means hand-written, type-written, printed or electronically


made and resulting in a permanent record;

1.2.10 if any provision in a definition is a substantive provision conferring rights or


imposing obligations on any Party, notwithstanding that it is only the definition
clause, effect shall be given to it as if it were a substantive provision in the body of
the Contract;

1.2.11 when any number of days or period of time is prescribed in the Contract, the same
shall be reckoned exclusively of the first and inclusively of the last day;

1.2.12 expressions defined in the Articles of Agreement and the General Conditions shall
bear the same meaning in each Annex that does not contain a conflicting
definition;

1.2.13 headings shall not be used to interpret provisions of the Contract;

1.2.14 if figures are referred to in numerals and in words and, if there is any conflict
between the two, the words shall prevail; and

1.2.19 a reference to the “Contract” or any other agreement or document shall be


construed as a reference to it as amended, varied, modified or supplemented from
time to time and shall include a reference to any document which amends, varies,
modifies or supplements it, or is entered into, made or given pursuant to, or in
accordance with, its terms.

1.3 Contra Proferentem

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The words in the Contract shall bear their natural meaning. The Parties have had the
opportunity of obtaining legal advice and accordingly no provision shall be construed contra
proferentem.

1.4 Independent Contractor

The Contractor in performing its obligations under the Contract shall at all times act as an
independent contractor on its own account and shall have no authority to act as the agent of
the Employers.

1.5 Language

The language of the Contract, Contract Documentation and for all other purposes arising in
connection with the Contract shall be in English.

1.6 Conditions Precedent

1.6.1 Notwithstanding the execution of the Contract, the Parties acknowledge and agree
that the Contract is conditional as set out in the remainder of this Clause 1.6
[Conditions Precedent].

1.6.2 Subject to the satisfaction of the Conditions Precedent, the Contractor shall
proceed to Supply the Goods.

1.6.3 The Conditions Precedent are, in the following order:

to the extent required by the Contract Particulars, the delivery of an


executed and issued Advance Payment Bank Guarantee in the form set
out in Part 1 [Form of Advance Payment Bank Guarantee] of ANNEX 3
[Forms of Security] to the Employers in accordance with Clause 3.2
[Advance Payment Bank Guarantee];

to the extent required by the Contract Particulars, payment by the


Employer of the Advance Payment in accordance with Clause 23.3
[Advance Payment]; and

the delivery of an executed and issued Performance Bank Guarantee in


the form set out in Part 2 [Form of Performance Bank Guarantee] of
ANNEX 3 [Forms of Security] in accordance with Clause 3.1
[Performance Bank Guarantee].

1.6.4 In the event that the Conditions Precedent in Clauses 1.6.3(a) [Conditions
Precedent] and 1.6.3(c) [Conditions Precedent] are not satisfied within fifteen (15)
days of the Contract Date or such other period as the Parties may agree in writing,
the Employers may terminate the Contract at their discretion, on notice to the
Contractor. In the event that the Condition Precedent in Clause 1.6.3(b)
[Conditions Precedent] is not satisfied within fifteen (15) days of receipt by the
Employers of the issued and executed Advance Payment Bank Guarantee or such
other period as the Parties may agree in writing, either Party may terminate the
Contract at its discretion, on notice to the other Party.

1.6.5 In the event that the Contract is terminated under Clause 1.6.4 [Conditions
Precedent], each Party shall bear its own costs incurred in relation to the Contract
(including tender costs) and for the avoidance of doubt the provisions of Clause 28
[Termination] shall not apply to a termination pursuant to this Clause 1.6
[Conditions Precedent].

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1.7 Joint and Several Liability

Each Employer shall be jointly and severally liable for the obligations of the other Employer
under the Contract. The apportionment of liability as between each Employer is a matter for
determination between the Employers.

2. EMPLOYERS' REPRESENTATIVE, PROJECT MANAGER AND CONTRACTOR'S


REPRESENTATIVE

2.1 Employers' Representative

The Employers have appointed the Employers' Representative to undertake the Employers'
duties and obligations under the Contract. The Employers' Representative may appoint
delegates from time to time to carry out the functions of the Employers' Representative
following written notification to the Project Manager.

2.2 Project Manager

The Employers have appointed the Project Manager to assist with management of the
Project, including the Contract and all Related Works Contracts. On behalf of the
Employers, the Project Manager shall be responsible for all day to day liaisons with the
Contractor in connection with the Contract save where otherwise stated in the Contract.

2.3 Contractor's Representative

The Contractor has appointed the Contractor's Representative to liaise with the Project
Manager in relation to all day to day activities and management of the Contract. The
Contractor's Representative shall have full authority to bind the Contractor in all matters
concerning the Contract.

2.4 Instructions

2.4.1 The Employers' Representative and/or Project Manager may issue to the
Contractor (at any time) instructions which may be necessary for the Supply of the
Goods and the remedying of any Defects, all in accordance with the Contract.

2.4.2 The Contractor shall only take instructions from the Employers' Representative
and/or the Project Manager. If an instruction constitutes a Variation, Clause 22
[Variations] shall apply.

2.4.3 The Contractor shall comply with the instructions given by the Employers'
Representative and/or the Project Manager except where the Contractor may
object to certain variations under Clause 22 [Variations]. Instructions shall be
given in writing or if this is not practical in the circumstances, the Contractor shall
obtain written confirmation of each verbal instruction given by the Employers'
Representative or the Project Manager as soon as practical after receipt of such
verbal instruction and in any event within three (3) Business Days of receipt of
such verbal instruction.

2.5 Contractor's Responsibility

Any approval, acceptance, check, certificate, consent, examination, inspection, instruction,


notice, proposal, request, test or similar act by the Employers' Representative or the Project
Manager (including absence of disapproval or rejection and any failure to give, issue, make
or undertake any of the foregoing) shall not relieve the Contractor from any responsibility he
has under the Contract, including responsibility for errors, omissions, discrepancies and
non-compliances.

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2.6 Determinations

2.6.1 Whenever these General Conditions provide that the Employers' Representative
shall proceed in accordance with this Clause 2.6 [Determinations] to agree or
determine any matter, the Employers' Representative shall consult with each Party
in an endeavour to reach agreement and shall have regard to any
recommendations made by the Project Manager. The Contractor and the
Employers shall each co-operate with and provide all information required by the
Employers' Representative to reach an agreement with the Parties. If agreement
is not reached with the Parties, the Employers' Representative shall make a fair
determination in accordance with the Contract, taking due regard of all relevant
circumstances including any and all documentation provided by the Parties.

2.6.2 The Employers' Representative shall give notice to each of the Parties and to the
Project Manager of each agreement or determination, with supporting particulars.
Each Party shall give effect to each agreement or determination unless and until
revised under Clause 33 [Dispute Resolution].

3. BANK GUARANTEES

3.1 Performance Bank Guarantee

3.1.1 The Contractor shall, at its own expense, procure and maintain in force the
Performance Bank Guarantee in the form set out in Part 2 [Form of Performance
Bank Guarantee] of ANNEX 3 [Forms of Security] in favour of the Employers
issued by a financial institution and from a country (or other jurisdiction) approved
and accepted by the Employers in writing, each for an amount equal to ten per
cent (10%) of the Contract Value (or such other amount as set out in the Contract
Particulars). The Performance Bank Guarantee shall be in Dollars. If the
Contractor fails to deliver the Performance Bank Guarantee as required by this
Clause 3.1.1 [Performance Bank Guarantee] notwithstanding any other provision
of the Contract, no payment from that date shall be due to the Contractor until the
Contractor has delivered the executed and issued the Performance Bank
Guarantee to the Employers.

3.1.2 If, at any time the Contract Value shall have increased by more than five per cent
(5%) due to a Variation under Clause 22 [Variations and Adjustments], the
Contractor shall ensure that the amount of the Performance Bank Guarantee is
equal to ten per cent (10%) of such revised Contract Value on the same terms
(mutatis mutandis) as set out in Clause 3.1.1 [Performance Bank Guarantee] and
if such increase occurs after the delivery of the Performance Bank Guarantee to
the Employers as required by Clause 3.1.1 [Bank Guarantees], the Contractor
shall be obliged, at its own expense, to procure an increase in the value of the
Performance Bank Guarantee or provide a replacement Performance Bank
Guarantee equal to ten per cent (10%) of such revised Contract Value on the
same terms (mutatis mutandis) as set out in Clause 3.1.1 [Performance Bank
Guarantee].

3.1.3 The Performance Bank Guarantee shall be in effect until the issue of the last
Delivery Certificate issued under the Contract in respect of all the Goods unless
otherwise stated in the Contract Particulars.

3.1.4 If the financial institution providing the Performance Bank Guarantee, at any time
after the same has been issued and delivered to the Employers ceases to be
acceptable and approved by the Employers or from a country (or other jurisdiction)
acceptable to and approved by the Employers, the Contractor shall, within five (5)

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days of a request to do so from the Employers, deliver a replacement Performance


Bank Guarantee that has been granted by a financial institution acceptable to and
approved by the Employers and from a country or other jurisdiction approved by
and acceptable to the Employers in the form set out in Part 2 [Form of
Performance Bank Guarantee] of ANNEX 3 [Forms of Security]. Where the
Employers issue a request for delivery of a replacement Performance Bank
Guarantee pursuant to this Clause 3.1.4 [Performance Bank Guarantee] the
Employers shall be entitled to withhold payment of all monies that may otherwise
be due to the Contractor in connection with the Contract until delivery of the
replacement Performance Bank Guarantee.

3.2 Advance Payment Bank Guarantee

3.2.1 If required by the Contract Particulars, the Contractor shall, at its own expense,
procure and maintain in force the Advance Payment Bank Guarantee in the form
set out in Part 1 [Form of Advance Payment Bank Guarantee] of ANNEX 3 [Forms
of Security] for a sum equivalent to the Advance Payment and from a financial
institution (or financial institutions) and from a country (or other jurisdiction)
approved and accepted by the Employers in writing. The Advance Payment Bank
Guarantee shall be in Dollars. The Advance Payment Bank Guarantee shall
contain a provision whereby, after each issue of a Payment Statement pursuant to
Clause 23.5 [Issue of Payment Statements], its value shall be reduced pro rata by
an amount equivalent to that amount of the Advance Payment recovered by the
Employers under each Payment Statement in accordance with Clause 23.3.4
[Advance Payment], such reduction to be effected against presentation of a copy
of the relevant Payment Statement to the guarantor under the Advance Payment
Bank Guarantee.

3.2.2 The Advance Payment Bank Guarantee shall expire upon the earlier of:

repayment of the Advance Payment; and

the date on which the last Delivery Certificate relating to the Goods is
issued by the Employers.

Immediately thereafter the Employers shall return the original of the Advance
Payment Bank Guarantee to the Contractor.

3.2.3 If the financial institution providing the Advance Payment Bank Guarantee, at any
time after the same has been issued and delivered to the Employers ceases to be
acceptable and approved by the Employers or from a country (or other jurisdiction)
acceptable and approved by the Employers, the Contractor shall, within five (5)
days of a request to do so from the Employers, deliver a replacement Advance
Payment Bank Guarantee that has been granted by a financial institution
acceptable to and approved by the Employers and from a country or other
jurisdiction acceptable to and approved by the Employers in the form set out in
Part 1 [Form of Advance Payment Guarantee] of ANNEX 3 [Forms of Security].
Where the Employers issue a request for delivery of a replacement Advance
Payment Bank Guarantee pursuant to this Clause 3.2.3 [Advance Payment Bank
Guarantee] it shall be entitled to withhold payment of all monies that may
otherwise be due to the Contractor in connection with the Contract until delivery of
the replacement Advance Payment Bank Guarantee.

3.3 Warranty Bank Guarantee

3.3.1 The Contractor shall at its own expense, procure and maintain in force from the
date stated in the last Delivery Certificate to be issued in respect of all of the
Goods, a Warranty Bank Guarantee in the form set out in Part 3 [Form of Warranty

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Bank Guarantee] of ANNEX 3 [Forms of Security] in favour of the Employers


issued by a financial institution and from a country (or other jurisdiction) approved
and accepted by the Employers in writing, for an amount equal to ten per cent
(10%) of the Contract Value (or such other amount as set out in the Contract
Particulars). The Warranty Bank Guarantee shall be in Dollars. If the Contractor
fails to deliver the Warranty Bank Guarantee as required by this Clause 3.3.1
[Warranty Bank Guarantee], notwithstanding any other provision of the Contract,
no payment from that date shall be due to the Contractor until the Contractor has
delivered the executed and issued Warranty Bank Guarantee to the Employers.

3.3.2 The Warranty Bank Guarantee shall expire on the issue of the Final Acceptance
Certificate.

3.3.3 If the financial institution providing the Warranty Bank Guarantee, at any time after
the same has been issued and delivered to the Employers ceases to be
acceptable and approved by the Employers or from a country (or other jurisdiction)
acceptable and approved by the Employers, the Contractor shall, within five (5)
days of a request to do so from the Employers, deliver a replacement Warranty
Bank Guarantee that has been granted by a financial institution acceptable to and
approved by the Employers and from a country or other jurisdiction acceptable to
and approved by the Employers in the form set out in Part 3 [Form of Warranty
Bank Guarantee] of ANNEX 3 [Forms of Security]. Where the Employers issue a
request for delivery of a replacement Warranty Bank Guarantee pursuant to this
Clause 3.3.3 [Warranty Bank Guarantee] they shall be entitled to withhold
payment of all monies that may otherwise be due to the Contractor in connection
with the Contract until delivery of the replacement Warranty Bank Guarantee.

3.3.4 Immediately after the date of the issue of the Final Acceptance Certificate, the
Employers shall return the original of the Warranty Bank Guarantee to the
Contractor.

3.4 Standby Letter of Credit

3.4.1 Within thirty (30) days of payment by the Employers of the Advance Payment:

the Employers shall procure the issue of a standby letter of credit


covering [ ]% of the Contract Value in the form attached at Part 4
[Standby Letter of Credit] of Annex 3 [Forms of Security] hereto, for the
benefit of the Contractor. The Standby Letter of Credit shall be issued by
Standard Chartered Bank UK; and

the Contractor shall submit the Proforma Invoice to DPRP for the full
amount of the Contract Value.

3.4.2 The Employers shall, within thirty (30) days from the date of payment of each
Milestone pursuant to Clause 23.6 ensure that the value of the Standby Letter of
Credit is adjusted so as to reflect the value of the Milestone next due, as set out in
Annex 7 .

3.4.3 The Standby Letter of Credit shall be released, and the original Standby Letter of
Credit returned to the Employers, on the earlier of:

the date of payment of Milestone [insert final milestone]; and

[three (3)] Months after the Time for Delivery.

3.4.4 Where a drawing is made on the Standby Letter of Credit in accordance with its
terms and payment is made thereunder by the issuer, the Employers shall open a

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new standby letter of credit for the value of the next Milestone, within thirty (30)
days of such payment by the issuer, as per Annex 7 [Payment Terms].

3.4.5 In the event that the Employers:

fail to comply with the obligations set out in this Clause 3.4 within thirty
(30) days of the required date for performance; and

fail to remedy such failure within a further period of thirty (30) days from
the date of a notice from the Contractor requiring such remedy, which
notice may not be served before expiry of the thirty (30) day period under
Clause 3.4.5(a) or before the Contractor has complied with its obligation
under Clause 3.4.1(b), whichever is the later, the Contractor may
suspend performance of its obligations under the Contract until such
failure is remedied.

3.4.6 In the event of suspension pursuant to Clause 3.4.5(b), the Contractor shall be
entitled subject to Clause 24 [Contractor's Claims] to an extension of a Time for
Delivery under Clause 16 [Extension of Time].

4. CONTRACTOR’S GENERAL OBLIGATIONS

4.1 The Contractor shall Sell and Supply the Goods (including the Contractor's Documents) to
the Employers, remedy any Defects and perform all his other obligations under the Contract
in accordance with the Contract.

4.2 In Selling and Supplying the Goods the Contractor warrants and guarantees that it shall:

4.2.1 comply with:

all applicable Laws;

the Standards;

Good Industry Practice;

the Employer's Requirements;

the Contract; and

the reasonable instructions of the Employers from time to time except


where the Contractor may object to certain variations under Clause 22
[Variations],

4.2.2 use materials which are new, free from Defects and which comply with the
Contract;

4.2.3 perform its obligations in a proper workmanlike and careful manner and with
properly equipped facilities;

4.2.4 avoid damage or harm to the environment and take appropriate steps to avoid
harm to the environment; and

4.2.5 ensure all Goods (and any parts thereof) shall be free from any liens and
encumbrances whatsoever.

4.3 The Contractor warrants that it has the requisite experience qualifications and licences
required to perform its obligations under the Contract and shall indemnify the Employers

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from any loss, cost or damage suffered by the Employers as a consequence of any failure to
maintain the requisite experience, qualifications and/or licences.

4.4 The Standards and applicable Laws shall be those prevailing when the relevant Goods are
Delivered or when the relevant remedial work or other activities or operations are carried out
(as the case may be).

4.5 The Goods shall include all things of all kinds which are necessary to satisfy the Employer's
Requirements, or which are implied by the Contract.

4.6 The Goods shall comprise only new and good quality equipment, machinery, plant or
materials. When Delivered, the Goods and each part thereof shall be fit for, and operate in
accordance with the purpose(s) for which the Goods or the relevant part thereof are
intended, as defined in the Contract, and shall comply with the Employer's Requirements.

4.7 The Contractor shall provide all Contractor’s Personnel, consumables and other things and
services, whether of a temporary or permanent nature, required in and for the Supply of the
Goods and each part thereof and for the remedying of Defects and any other activities or
operations of the Contractor.

4.8 The Contractor shall, whenever required by the Employers' Representative, submit details of
the arrangements and methods which the Contractor proposes to adopt for the carrying out
of his activities. No significant alteration to these arrangements and methods shall be made
without this having previously been notified to the Employers' Representative.

4.9 The Contractor shall Supply and Deliver the Goods by the Time(s) for Delivery to the
Delivery Location(s).

4.10 General Design Obligations

4.10.1 The Contractor shall carry out, and be responsible for, the design of the Goods
and each part thereof. The design shall be prepared by qualified and experienced
designers and shall be carried out in accordance with Good Industry Practice and
shall comply with the criteria stated in the Employer’s Requirements.

4.10.2 The Contractor warrants and undertakes that he and his designers have the
experience and capability necessary for the design the Contractor is required to
undertake. The Contractor undertakes that the designers shall be available to
attend discussions with the Employers' Representative, the Project Manager
and/or Related Works Contractors at all reasonable times, until the DLP Expiry
Date.

4.10.3 Subject to Clause 4.10.5, the Contractor shall scrutinise the Employer's
Requirements and shall be deemed to have accepted and assumed responsibility
for the correctness, accuracy, clarity and completeness of the same. The
Employers givs no warranty and makes no representation as to the accuracy or
completeness of the Employer's Requirements (other than the Rely Upon
Information).

4.10.4 The Contractor shall be responsible for the provision of all Contractor's
Documentation (including the development of all working drawings) necessary for
the Supply of the Goods.

4.10.5 The Employers shall be responsible for the Rely Upon Information.

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4.11 Review of Others' Design

4.11.1 The Contractor shall scrutinise any design and/or other information prepared by
any Related Works Contractor within the period stated in the Contract Particulars,
calculated in each case from the date of receipt of any such design and/or other
information, and shall give notice to the Employers' Representative and the
additional recipients set out in Clause 34.1.4 (b) [Notices] of:

anything found in any such design and/or other information which results
in such design and/or other information being incompatible with or
unsuitable for the Supply of the Goods or any part thereof and/or which
would render the Supply of the Goods or any part thereof incompatible
with the requirements of the Contract, and/or

any steps which could be taken to achieve or better achieve proper


integration between such design and/or other information and the design
of the Goods.

4.11.2 After receiving this notice the Employers' Representative shall determine whether
Clause 22 [Variations] shall be applied, and shall give notice to the Contractor
accordingly.

4.11.3 Except where and to the extent that notice has been given to the Employers'
Representative and the additional recipients set out in Clause 34.1.4 (b) [Notices]
in accordance with Clause 4.11.2 [Review of Others' Design], upon expiry of the
period referred to in Clause 4.11.1 [Review of Others' Design] the Contractor shall
not be entitled to any extension of time, increase in the Contract Value or
additional payment if 4.11.1(a) or 4.11.1(b) above are thereafter discovered.

4.12 Contractor's Documentation

4.12.1 The Contractor's Documents shall include the technical documents required by the
Employer's Requirements, the Contractor's requirements or procedures for storage
(including extended storage) of the Goods (or any part thereof) and for
transportation of the Goods (or any part thereof), all necessary documents to
comply with the Law, recommendations for the Erection Procedures and any
operation and maintenance manuals required by the Employer's Requirements.

4.12.2 The Contractor's Documents shall be submitted to the Project Manager for review
and/or for acceptance in accordance with the requirements of ANNEX 2
[Employer's Requirements].

4.12.3 If errors, omissions, ambiguities, inconsistencies, inadequacies or other Defects


are found in the Contractor’s Documentation, it and the Goods shall be corrected
at the Contractor’s cost, notwithstanding any comment, consent or approval by the
Employers' Representative.

4.12.4 The Contractor shall bear all costs and expenses it may incur as a result of any
such errors, omissions or discrepancies in the Contractor’s Documentation
prepared by the Contractor and shall at its own cost and expense carry out any
alterations, remedial and additional work to the Contractor’s Documentation
necessitated by or consequent upon such errors, omissions or discrepancies and
shall modify the Contractor’s Documentation accordingly.

4.13 Recommendations for Erection Procedures

4.13.1 In relation to any Goods to be erected or installed on the Site, the Contractor shall
submit to the recipients set out in Clause 32.1.4 (b) [Notices] the Contractor's
recommendations for the Erection Procedures.

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4.13.2 Such recommendations shall be submitted to the recipients set out in Clause
32.1.4 (b) [Notices] no later than the time for submission thereof stated in the
Employer's Requirements or, if no such time is stated, no later than sixty (60) days
before the relevant Time(s) for Delivery.

4.13.3 Such recommendations shall be in sufficient detail to enable the Employers'


Representative to procure the completion of the erection (including structural,
mechanical and electrical completion) and testing, checking and other works in
preparation for the commissioning of the relevant Goods, subject only to the
adaptation of such recommendations to take account of any particular
requirements of the Site, the Project or any works in connection therewith and the
Related Works Contractors. The recommendations shall include a method
statement or statements for the erection of the relevant Goods and shall comply
with all relevant requirements (including programming and timing) stated in the
Employer's Requirements and with all applicable Laws and Standards. The
Employers' Representative shall review such recommendations and shall then
notify the Contractor whether such recommendations are accepted as the basis for
the preparation of draft Erection Procedures for the relevant Goods. If such
recommendations are not accepted, the Contractor shall resubmit his
recommendations for the Erection Procedures until such time as they are
accepted by the Employers' Representative and any dispute concerning such
recommendations or failure to accept such recommendation shall be determined
by the Employers' Representative in accordance with the provisions of Clause 2.6
[Determinations].

4.14 Extended Storage

4.14.1 The Contractor acknowledges and agrees that:

all necessary instructions and requirements for the storage of the Goods
or each part thereof from the Delivery until the anticipated dates of
erection or installation thereof and of commissioning stated in the
Employer's Requirements have been or will be included as part of the
Contractor's Documents in relation to such Goods to be Supplied by the
Contractor to the Employers under the Contract;

it may however become necessary for the Goods or any part thereof to
be held for longer periods than those anticipated (whether at the Delivery
Location, the Contractor's or any Subcontractor's premises or at some
other location) including between the Delivery and the commencement
of erection thereof or between the completion of the erection and the
commencement of the commissioning thereof; and

in the circumstances referred to in Clause 4.14.1(b) above the


instructions and requirements for the storage of the relevant Goods
referred to in Clause 4.14.1(a) may not be adequate, and supplemental
instructions or requirements for the extended storage of such Goods (or
other conservation measures) will be required.

4.14.2 The Contractor shall provide to the recipients set out in Clause 32.1.4 (b)
[Notices], by no later than the Time(s) for Delivery of the relevant Goods (or any
later date which may be stated in the Employer's Requirements), details of:

those Goods for which any such supplemental instructions or


requirements for extended storage (or other conservation measures)
would be required in such circumstances; and

the required supplemental instructions or requirements for extended


storage (or other conservation measures) for such Goods.

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4.14.3 The supplemental instructions or requirements for extended storage (or other
conservation measures) provided by the Contractor to the recipients set out in
Clause 32.1.4 (b) [Notices] shall comply with all Employer's Requirements and
with Good Industry Practice, all applicable Laws and Standards.

4.14.4 Without prejudice to the foregoing, the Contractor shall respond to any and all
reasonable enquiries or requests made to the Contractor from time to time by the
Employers' Representative and/or the recipients set out in Clause 32.1.4 (b)
[Notices] with regard to any such supplemental instructions or requirements for
extended storage (or other conservation measures).

4.15 Training

4.15.1 If required by the Employer's Requirements, the Contractor shall carry out the
training of Employers' Personnel in the operation and maintenance of the Goods
(including on the use of any equipment or software contained therein) to the extent
specified in the Employer's Requirements.

4.15.2 If the Employer's Requirements specifies training is to be carried out before


Delivery, the Employers shall not be obliged to issue a Delivery Certificate until
this training has been completed.

4.16 Operation and Maintenance Manuals

4.16.1 If required by the Employer's Requirements, upon or prior to Delivery of the Goods
or the relevant part thereof the Contractor shall supply to the recipients set out in
Clause 32.1.4 (b) [Notices] up-to-date operation and maintenance manuals, in the
number and form stated in the Employer's Requirements, in sufficient detail for the
Employers to train personnel and operate, maintain, dismantle, reassemble, adjust
and repair the Goods or the relevant part thereof.

4.16.2 The Contractor shall, at his own cost, update such operation and maintenance
manuals as necessary, or as the Employers' Representative may require,
throughout the period from the Delivery thereof until the DLP Expiry Date in
respect of the Goods or the relevant part thereof.

4.17 Contractor's Personnel

4.17.1 The Contractor shall solely be responsible for the engagement of Contractor’s
Personnel who shall be appropriately qualified, skilled and experienced in their
respective trades or occupations.

4.17.2 The Contractor shall not recruit, or attempt to recruit, staff and labour from
amongst the Employers' Personnel.

4.18 Employers' Use of Contractor's Documents

4.18.1 In relation to any Intellectual Property Rights in the Contractor's Documents, the
Contractor grants to the Employers (or shall procure the grant to the Employers of)
a non-terminable, transferable, worldwide, irrevocable, perpetual, non-exclusive
and royalty-free licence to copy, adapt, modify, use and communicate the
Contractor's Documents, for all purposes including the construction, completion,
operation, maintenance, decommissioning, letting, sale, promotion, advertisement,
refurbishment and repair of the Project and/or fulfilment of, or compliance by the
Employers with, the requirements of any Laws and/or for all purposes in order for
the Employers to have the full benefit of the such Intellectual Property Rights. The
rights given to the Employers under this Clause are given with full title guarantee
and extend to any Contractor's Documents prepared or developed in whole or in
part by any Subcontractors. The Employers may allow other parties to copy,
adapt, modify and use the Contractor's Documents, whether by granting sub-

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licences or assigning the benefit of this Clause. This licence in the case of
Contractor's Documents which are in the form of computer programs or Software,
permits their use on any computer, including replacements of any computers.

4.18.2 The licences granted to the Employers pursuant to this Clause 4.18 [Employers'
Use of Contractor's Documents] continue notwithstanding completion or earlier
termination of the Contractor’s obligations under the Contract.

5. SUBCONTRACTORS

5.1 The Contractor shall not sub-contract the whole or any part of the Supply of the Goods
without the prior written consent of the Employers, save that consent shall be deemed to
have been given for any Subcontractors listed in Annex 1 [Contract Particulars] for the
relevant sub-contract.

5.2 The Contractor shall be responsible for the acts, omissions or defaults of any Subcontractor,
his agents or employees as if they were the acts, omissions or defaults of the Contractor.

6. CO-OPERATION

6.1 Co-operation with Related Works Contractors

6.1.1 The Contractor shall co-operate with the Related Works Contractors in obtaining
and providing information which they need in connection with the Project.

6.1.2 The Contractor:

shall ensure that he does not cause any interruption or interference to


the carrying out or progress of any work or services to be undertaken by
the Related Works Contractors; and

shall indemnify the Employers from and against all expenses, liabilities,
losses, costs, claims and proceedings (including legal costs reasonably
incurred in defending and settling any claims) sustained by the
Employers in consequence of the Contractor's breach of his obligations
under this provision.

6.2 Early Warning

The Contractor shall give an early warning by notifying the Employers' Representative as
soon as he becomes aware of any matter which could:

6.2.1 increase the Contract Value;

6.2.2 delay or advance any date of Delivery;

6.2.3 impair the performance of the Goods or any part thereof; or

6.2.4 interfere with or delay the work of, or constitute interference or delay by, any of the
Related Works Contractors,

and, without prejudice to any other rights or remedies of the Parties in relation to any such
matter, shall comply with any instructions which may be given by the Employers'
Representative in relation thereto.

7. SUFFICIENCY OF THE ACCEPTED PURCHASE PRICE

The Contractor shall be deemed to have satisfied himself as to the correctness and
sufficiency of the Accepted Purchase Price. Unless otherwise expressly stated in the

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Contract, the Accepted Purchase Price covers all the Contractor's obligations under the
Contract, including all things necessary for the Supply of the Goods and the remedying of
any Defects, all in accordance with the Contract, or which reasonably ought to have been
implied from the Employer's Requirements by a Contractor exercising Good Industry
Practice.

8. MATERIALS

The Contractor shall not specify or approve for use in, or incorporate into, the Goods any
materials which are generally known within the oil refining, petrochemicals and construction
and engineering industry in Nigeria to be deleterious, harmful or prejudicial to health and
safety or to sustainability or to the performance, physical integrity or durability of buildings,
structures, plant, equipment or materials or damaging to the environment, in each case in
the particular circumstances in which they are used, or any products or materials which are
potentially hazardous. The Contractor warrants that no materials or Goods that are
counterfeit in whole or in their component parts or constituents are Supplied.

9. THIRD PARTY INSPECTION

9.1 The Third Party Inspection Agency shall have power to examine, inspect, measure and/or
test the Goods or any part thereof or any work carried out by the Contractor to remedy
Defects.

9.2 The Employers' Personnel and the Third Party Inspection Agency shall at all reasonable
times:

9.2.1 have full access to all parts of the Contractor's and Subcontractors' production,
manufacturing and storage facilities and to all places from which natural materials
are being obtained; and

9.2.2 during the production, manufacture and storage of the Goods or any part thereof
(including at the workshops or other places of the Contractor and his
Subcontractors where the Goods or any part thereof are being prepared for the
Contract) be entitled to examine, inspect, measure and test the Goods or any part
thereof, including materials and workmanship, and to check the progress of the
production and/or manufacture.

9.3 The Contractor shall give the Employers' Personnel and the Third Party Inspection Agency
full opportunity to carry out these activities, including by providing access, facilities,
permissions and safety equipment. No such activity (including the failure to undertake such
activity) shall relieve the Contractor from any obligation, responsibility or liability.

9.4 The Contractor shall give reasonable notice of not less than ten (10) Business Days to the
recipients set out in Clause 32.1.4 (b) [Notices] and to the Third Party Inspection Agency
whenever any such Goods are ready for examination, inspection, measurement or testing
and before they are packaged for storage or transport. The recipients set out in Clause
32.1.4 (b) [Notices] and/or such Third Party Inspection Agency shall then either carry out
the examination, inspection, measurement or testing without unreasonable delay, or
promptly give notice to the Contractor that such examination, inspection, measurement or
testing (as the case may be) is not required.

9.5 The Contractor shall not, and shall ensure that his Subcontractors do not, act in accordance
with or rely on any instructions, directions, comments, approvals, acceptances and the like
purportedly issued or made by or on behalf of the Third Party Inspection Agency, and the
Contractor shall immediately report the same to the recipients set out in Clause 32.1.4 (b)
[Notices].

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10. TESTING

10.1 This Clause shall apply to all tests carried out before Delivery of the Goods.

10.2 The Contractor shall provide all apparatus, assistance, documents, test procedures and
other information, electricity, equipment, fuel, consumables, instruments, labour, materials
and suitably qualified and experienced staff as are necessary to carry out the specified tests
efficiently.

10.3 The Employers' Representative may vary the location or details of any specified tests or
instruct the Contractor to carry out additional tests.

10.4 The Contractor shall promptly forward to the Employers' Representative duly certified
reports of the tests which the Contractor has carried out. When the specified tests have
been passed, the Employers' Representative shall endorse the Contractor's test certificate,
or issue a certificate to him, to that effect.

10.5 The Employers' Representative shall give the Contractor not less than twenty-four (24)
hours' notice of the Employers' Representative's intention to attend any tests which the
Contractor is responsible for carrying out in accordance with the provisions of Annex 2
[Employer's Requirements]. If the Employers' Representative does not attend at the time
and place agreed the Contractor may proceed with the tests, unless otherwise instructed by
the Employers' Representative.

10.6 Any costs associated with the performance of any inspections and/or tests including factory,
mechanical, chemical, hydrostatic, X-ray, ultrasonic and/or laboratory tests as well as the
cost of Employers' Personnel and Third Party Inspection Agency's personnel attending such
inspections and/or tests (including the costs of travel, living and salaries) shall be borne by
the Contractor, unless otherwise specified in the Contract Particulars.

10.7 The Employers may request additional testing of the Goods or any part thereof at any time.

10.8 The Contractor shall not despatch the Goods until and unless all testing and inspection
required by the Employer's Requirements has been undertaken and the Employers'
Representative has confirmed the Goods can be despatched.

11. OWNERSHIP OF THE GOODS

11.1 Subject to the Incoterms specified for the Goods as set out in the Contract Particulars, each
item of the Goods or part thereof shall, become the property of the Employers at whichever
is the earlier of the following times;

11.1.1 when it is Delivered to the Delivery Location; or

11.1.2 the date when the Contractor receives the relevant payment in accordance with
the Contract.

11.2 The Contractor warrants that the Goods shall be free from any liens, charges and any other
encumbrances whatsoever, whether declared or not before or at the time when title to the
Goods passes to the Employers. The Contractor shall hold harmless and indemnify the
Employers against any liens, charges, claims, rights of retention, seizures, attachments or
judgements (and the Employers shall have the right to withhold amounts related to the
same) resulting from the Contractor’s failure to fulfil its obligations to any of the Contractor's
Personnel or any other third parties to whom the Contractor has made a commitment of any
nature in respect of such Goods (or any part thereof).

11.3 The Contractor shall prepare the Goods or parts thereof which are to be paid for but which
are not yet Delivered for marking as required under the Employer's Requirements.

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11.4 The Contractor shall notify the recipients set out in Clause 32.1.4 (b) [Notices] in writing that
the Goods or part thereof have been marked. Following notice, the Employers'
Representative and/or the recipients set out in Clause 32.1.4 (b) [Notices] may inspect the
Goods or part thereof and if satisfied with their marking and if the Contractor has provided
evidence that loss or damage to such Goods or part thereof is covered by appropriate
insurance, confirms in writing his satisfaction with their marking.

11.5 It is a condition precedent to payment for Goods or part thereof which are not Delivered to
Site that the Contractor shall have marked all such Goods or part thereof in accordance with
this Clause 11 [Ownership of Goods].

12. ROYALTIES

Unless otherwise stated in the Employer's Requirements, the Contractor shall pay all
royalties, rents and any other required payments associated with the manufacture of the
Goods.

13. SPARE PARTS

13.1 During the Term the Contractor shall make the Spare Parts available for purchase by the
Employers at the prices stated in the priced list of Spare Parts appended at ANNEX 6
[Spare Parts] and on the terms and conditions set out in that Annex.

13.2 All Spare Parts supplied by the Contractor shall be new and in accordance with the
Employer's Requirements, and shall be free from Defects.

13.3 The Contractor shall give the Employers not less than twelve (12) Months' prior written
notice if the Contractor or any of his Subcontractors intends to stop manufacturing any
Spare Parts before the expiry of the Term. Within three (3) Months after receiving such
notice, the Employers may (in their sole and absolute discretion):

13.3.1 purchase such quantities of Spare Parts as they may require in connection with
the Goods or the relevant part thereof for their anticipated life; and

13.3.2 procure from the Contractor, at a reasonable price, all manufacturing drawings,
material specifications, patterns, machines, jigs and tools, computer programs,
software source codes and technical and other information required by the
Employers, together with all further rights (including the necessary Intellectual
Property Rights) which the Employers may require, in order to manufacture the
Spare Parts (or to procure their manufacture) and in order to use such Spare Parts
in connection with the Goods or the relevant part thereof for their anticipated life
(the "SP Rights").

13.4 If:

13.4.1 the Contractor fails to fulfil any order for Spare Parts in accordance with this
Clause; or

13.4.2 the Contractor fails to give notice of any intention to stop manufacturing Spare
Parts in accordance with this Clause,

the Contractor shall forthwith, at his own cost, provide the Employers with the SP Rights.

13.5 The Contractor shall ensure that the necessary provisions which will enable him to comply
with his obligations under this Clause shall be included in his contracts with Subcontractors.

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14. PROGRAMME

14.1 From the Commencement Date the Contractor shall progress with the Supply of Goods
(including the Contractor's Documents) with due expedition and without delay in order to
ensure that the Contractor Delivers the Goods (including the Contractor's Documents) in
accordance with the Time(s) for Delivery. The Contractor shall not, without the prior written
consent of the Employers' Representative, be entitled to Deliver the Goods earlier than the
relevant date stated in the Contract Particulars.

14.2 The Contractor, taking into account all his obligations under the Contract, shall submit a
detailed time programme to the recipients set out in Clause 32.1.4 (b) [Notices] within
fourteen (14) days from the date of the Contract. The programme will be in the form and
contain the information required by the Employer's Requirements.

15. ACCELERATION

15.1 If, at any time or times before the Time(s) for Delivery of any Goods or any part thereof, the
Employers wish to accelerate the Supply of such Goods, then the Employers'
Representative shall instruct a Variation and Clause 22 [Variations] shall apply.

15.2 If at any time the actual progress of the Contractor's performance of his obligations under
the Contract is too slow to achieve the Time(s) for Delivery then the Employers'
Representative may instruct the Contractor to submit, a revised programme and/or
supporting report describing the revised methods which the Contractor proposes to adopt in
order to expedite progress and achieve the Time(s) for Delivery. Unless the Employers'
Representative notifies otherwise, the Contractor shall adopt these revised methods, which
may require increases in the working hours and/or in the numbers of Contractor’s
Personnel, at the risk and cost of the Contractor.

16. EXTENSION OF TIME

16.1 Extension of Time(s) for Delivery

16.1.1 The Contractor shall be entitled subject to Clause 24 [Contractor's Claims] to an


extension of a Time for Delivery if and to the extent that achievement or
satisfaction of a Time for Delivery is or will be delayed by any of the following
events (“Extension of Time Events”):

A Variation (unless an adjustment to the affected Time(s) for Delivery


have been agreed under Clause 22 [Variations]);

A cause of delay giving an express entitlement to an extension of time


under a Clause of the General Conditions;

Any act of prevention or breach of Contract by the Employers, the


Employers' Personnel or the Related Works Contractors; or

Errors and/or inaccuracies in the Rely Upon Information.

16.1.2 Notwithstanding any other provision of the Contract:

the Contractor shall not be entitled to any extension of time to any Time
for Delivery where and to the extent that the Extension of Time Event
results from any negligence, default or breach of Contract on the part of
the Contractor or any person for whom he is responsible; and

if the delay which results from an Extension of Time Event is concurrent


with any delay resulting from some other cause, then the Contractor shall

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not be entitled to any extension of time to a Time for Delivery for the
period of such concurrency.

16.2 If the Contractor considers himself to be entitled to an extension of a Time for Delivery the
Contractor shall give notice to the Employers' Representative in accordance with Clause 24
[Contractor's Claims].

17. DELAY DAMAGES

17.1 If the Contractor fails to Deliver the Goods or any part thereof in accordance with the Times
for Delivery, the Contractor shall pay Delay Damages to the Employers for this default.
These Delay Damages shall be the relevant sum stated in the Contract Particulars, which
shall be paid for every day which shall elapse between the relevant Time for Delivery and
the date on which the Goods are Delivered.

17.2 These Delay Damages shall not relieve the Contractor from his obligation to Deliver the
Goods, or from any other duties, obligations or responsibilities which he may have under the
Contract.

17.3 The Contractor acknowledges that these Delay Damages are fair and reasonable in all
respects and represent the Employers' genuine pre-estimate of the losses the Employers
will sustain for such default. Notwithstanding the foregoing, if these Delay Damages are
found for any reason to be void, invalid or otherwise inoperative so as to disentitle the
Employers from claiming liquidated damages from the Contractor on account of delay to
Delivery, the relevant provisions shall be deemed to be deleted from the Contract and the
remainder of the Contract shall remain in full force and effect and, for the avoidance of
doubt, the Employers shall be entitled to recover from the Contractor under this Clause
general damages in respect of its losses arising from such breach.

18. SUSPENSION

18.1 The Employers' Representative may at any time instruct the Contractor to suspend the
progress of part or all of the Contractor's performance of his obligations under the Contract.
During such suspension the Contractor shall protect, store and secure any Goods which are
in his custody and care against any deterioration, loss or damage and shall comply with any
further instructions which the Employers' Representative may give from time to time in
relation thereto.

18.2 If the Contractor suffers delay and/or incurs Cost from complying with the Employer’s
instructions under Clause 18.1 above and/or from resuming work, the Contractor shall give
notice to the Employers' Representative and shall be entitled, subject to Clause 24
[Contractor’s Claims], to:

18.2.1 an extension of time for any such delay under Clause 16.1 [Extension of Time(s)
for Delivery], if the achievement or satisfaction of a Time for Delivery is or will be
delayed; and/or

18.2.2 payment of any such Cost, which shall be included in the Contract Value.

18.3 After receiving this notice, the Employers' Representative shall proceed in accordance with
Clause 2.6 [Determinations] to agree or determine these matters.

18.4 After the permission or instruction to resume work is given by the Employers, the Contractor
and the Employers' Representative shall jointly examine any Goods affected by the
suspension. The Contractor shall make good, at his own cost, any deterioration or Defect in
or, where the Contractor was responsible for the storage thereof, any loss of the Goods
which has occurred during the suspension.

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19. DELIVERY

19.1 Unless otherwise stated in the Contract Particulars:

19.1.1 Time shall be of the essence in respect of Delivery;

19.1.2 the Contractor shall Deliver the Goods (including the Contractor's Documents) and
each part in accordance with the Incoterms specified in the Contract Particulars;

19.1.3 Delivery shall take place at the Delivery Location(s) specified in the Contract
Particulars;

19.1.4 partial Deliveries of the Goods will not be accepted without the prior written
consent of the Employers' Representative; and

19.1.5 all of the Contractor's Documents that relate to any other Goods (unless specified
to be Delivered after the Delivery of the corresponding Goods) shall be Delivered
either together with or prior to the Delivery of the corresponding Goods.

19.2 If the Employers' Representative requests a delay to the Delivery of the Goods or any part
thereof for any reason, the Contractor shall provide storage for the Goods or the relevant
part thereof in accordance with Clause 4.13 [Recommendations for Erection Procedures]
and shall comply with any further instructions which the Employers' Representative may
give from time to time in relation thereto. If such requested delay is for a reason not
attributable to the Contractor, the Employers shall be responsible for storage charges on the
basis set out in ANNEX 4 [Purchase Price]. The Contractor shall continue to bear the risk of
loss of or damage to the Goods or the relevant part thereof until the Delivery thereof.

19.3 In Delivering the Goods to the specified Delivery Location, the Contractor:

19.3.1 shall be deemed to have obtained any necessary consents and permissions;

19.3.2 shall give the recipients set out in Clause 32.1.4(d) [Notices] not less than twenty-
one (21) days' notice of the date on which the Contractor intends to dispatch any
Goods from his premises or any Subcontractor's premises and shall obtain from
the Employers' Representative prior written confirmation of release for Delivery;

19.3.3 shall give the recipients set out in Clause 32.1.4(d) [Notices] not less than twenty-
one (21) days' notice of the date on which the Contractor intends to Deliver any
Goods to the Delivery Location and shall provide weekly updates on all planned
deliveries to the Delivery Locations;

19.3.4 shall obtain from the relevant recipients set out in Clause 32.1.4(d) [Notices]
details of the exact delivery points at the Delivery Locations for any Goods and
shall be responsible for delivering such Goods to the exact location nominated by,
and at the time agreed by, the relevant recipient set out in Clause 32.1.4(d)
[Notices];

19.3.5 shall sequence and co-ordinate the Delivery of any Goods with any deliveries by
the Related Works Contractors as notified to the Contractor by the Project
Manager;

19.3.6 shall be responsible for packing, loading, protecting and transporting all Goods to
the Delivery Location;

19.3.7 shall provide to the recipients set out in Clause 32.1.4(d) [Notices] full details of all
packaging brought onto the Delivery Location;

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19.3.8 shall not proceed with the transportation of any Goods to the Delivery Location if,
with respect to such Goods, the Contractor has not complied with the Employer's
Requirements;

19.3.9 unless otherwise stated in the Contract Particulars, the Contractor's responsibility
for customs clearance of imported Goods at the points of import shall be on a cost
and freight basis, provided that, if applicable Laws require any application or act to
be made or done by or in the name of the Employers, the Employers shall use
reasonable endeavours to assist the Contractor to obtain the necessary customs
clearance; and

19.3.10 the Contractor warrants that the Shipping Documentation shall provide, for the
purpose only of the importation of the Goods, that the Goods be imported by and
consigned to DPRP and all such Shipping Documentation shall be in the name of
DPRP, notwithstanding that ownership of the Goods shall be determined in
accordance with the terms of the Contract (other than this Clause 19.3.10),

and, the Contractor shall indemnify and hold the Employers harmless against and from all
damages, losses and expenses (including legal fees and expenses) resulting from the
Contractor’s failure to comply with this Clause 19.3, including, without limitation, failure to
comply with Clause 19.3.10 above, and shall negotiate and pay all claims arising therefrom.

19.4 If the Delivery Location is the Site, the Contractor shall in addition to compliance with Clause
19.3, shall be deemed to have inspected and to be satisfied as to the suitability and
availability of access routes to the Site.

19.5 Inspection upon Delivery

19.5.1 As soon as reasonably practicable following each Delivery of the Goods or any
part thereof to the Delivery Location, the Employers' Representative shall receive,
unpack and visually inspect the Goods contained in the relevant shipment and
check the same against the Contractor's inventory.

19.5.2 On the basis of such inspection the Employers' Representative shall issue to the
Contractor a Delivery Certificate confirming the Employers' receipt of the Goods
included in such Delivery, stating the date on which the relevant Goods were
Delivered and noting any defect in or damage to the packing and any shortage or
Defect in such Goods that is identified during such inspection. Unless otherwise
instructed by the Employers' Representative, the Contractor shall rectify any such
shortage or Defect in such Goods as soon as practicable following such
notification.

19.5.3 No such inspection or issue of a Delivery Certificate shall relieve the Contractor of
any liability for any shortage or Defect in such Goods or give rise to any
entitlement of the Contractor to an increase in the Accepted Purchase Price or any
additional payment or any relief from liability for failure to achieve the Time for
Delivery or to make any claim against the Employers, the Employers'
Representative or any other Related Works Contractor, whether or not such
shortage or Defect should have been apparent from a visual inspection.

19.6 Transfer of Risk

19.6.1 The Contractor shall bear all risk of loss of or damage (including the obligation to
insure such Goods against such risks) to the Goods and each part thereof until
such time as they have been Delivered in accordance with the Contract.

19.6.2 No transfer of ownership of the Goods or any part thereof shall relieve the
Contractor from responsibility for those risks of subsequent loss of or damage to
the Goods or the relevant part thereof which the Contract expressly allocates to
the Contractor.

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20. DEFECTS LIABILITY

20.1 Remedying Defects

20.1.1 In order that the Goods (including the Contractor's Documents) shall be in the
condition required by the Contract (fair wear and tear excepted) throughout the
relevant Defects Liability Period and at the relevant DLP Expiry Date (or as soon
as practicable thereafter) the Contractor shall in accordance with the standards
required by the Contract remedy all Defects, as may be notified by (or on behalf
of) the Employers before such DLP Expiry Date and instructed by (or on behalf of)
the Employers to be remedied and the Contractor shall make any consequential
updates to the Contractor's Documents.

20.1.2 Within seven (7) days of the Employers having notified the Contractor under this
Clause 20.1 [Remedying Defects], the Contractor shall provide the Employers for
their acceptance a draft programme and method statement for the remedying of
the Defects that have been identified in that notice and instructed by (or on behalf
of) the Employers to be remedied. The programme and method statement shall
describe the method and programme for the carrying out of remedial work and
shall provide for the quickest possible method of obtaining delivery of necessary
goods and materials and for the quickest possible execution of such work. For the
avoidance of doubt such method may include repair, rectification, replacement
and/or modification of the relevant Goods (or any part thereof).

20.1.3 The Employers' acceptance or other response to such draft or any revised version
thereof shall be given by the Employers within twenty-eight (28) days of his receipt
of the same. The Contractor shall promptly prepare and submit to the Employers'
Representative revised versions until the same is accepted.

20.2 Cost of Remedying Defects

20.2.1 All rectification, replacement or modification work shall be executed at the risk and
cost of the Contractor and in accordance with the accepted programme and
method statement if and to the extent that the work is attributable to any Defect.

20.2.2 The Employers shall be entitled to make a deduction from any payment due to the
Contractor equivalent to the value of rectifying, replacing or modifying the relevant
Defect until the work to rectify such Defect is completed.

20.2.3 The Contractor shall when undertaking its obligations under this Clause 20
[Defects Liability] keep the Employers fully informed of his actions, proposed
actions, the costs incurred or to be incurred by the Contractor and the outcome of
such rectification, replacement or modification work.

20.3 Extension of Defects Liability Period

20.3.1 The Employers shall be entitled, subject to Clause 25 [Employers' Claims], to an


extension of the relevant DLP Expiry Date in respect of any Goods or the relevant
part thereof:

rendered unavailable or not capable of being used for the intended


purposes as set out in the Contract, if and to the extent that, after the
issue of the relevant Delivery Certificate, by reason of a Defect the
Goods or the relevant part thereof it cannot be used for the purposes for
which they are intended or do not otherwise meet the requirements of
the Contract. However, no DLP Expiry Date shall be extended (unless
specified otherwise in the Contract Particulars) by more than twenty-four
(24) Months as a result of any such unavailability or incapability; and/or

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which has been made good pursuant to this Clause 20 [Defects Liability]
twenty-four (24) Months after the date when such Goods or the relevant
part thereof was made good or replaced unless otherwise stated in the
Contract Particulars.

20.3.2 If part or all of the Supply of the Goods was suspended, the Contractor’s
obligations under this Clause shall not apply to any Defect occurring more than
twenty-four (24) Months after the relevant Defects Liability Period for the Goods or
the relevant part thereof would otherwise have expired unless the suspension was
due to an event or circumstance for which the Contractor is responsible or which is
at the risk of the Contractor.

20.4 Failure to Remedy Defects

20.4.1 If the relevant programme and method statement have not been accepted by the
Employers within twenty-eight (28) days of the notice and instruction provided
pursuant to Clause 20.1 [Remedying Defects], or if the Contractor fails to carry out
the rectification, replacement or modification work in accordance with the Contract,
a date may be fixed by (or on behalf of) the Employers, on or by which the Defect
is to be remedied. If the Contractor fails to remedy the Defect by this notified date,
the Employers may (at their option and at their sole and absolute discretion):

carry out the work themselves or by others, in a reasonable manner and


at the Contractor's cost and risk (and without seeking or obtaining the
Contractor's prior authorisation) and the Contractor shall, pay to the
Employers the costs reasonably incurred by the Employers in remedying
the Defect and other costs due to the Related Works Contractors
(including the cost of acceleration measures);

require the Employers' Representative to agree or determine a


reasonable reduction in the Contract Value in accordance with Clause
2.6 [Determinations]; or

if the Defect deprives the Employers of substantially the whole benefit of


the Goods or any major part thereof, terminate all of the Contractor's
employment under the Contract or the Contractor's employment in
respect of such major part of the Goods. Without prejudice to any other
rights under the Contract or otherwise, the Employers shall then be
entitled to recover as a debt from the Contractor all sums paid for the
Goods or the relevant part thereof, plus the cost of erecting the Goods
and the cost of dismantling the same, dealing with the Site and returning
the Goods or the relevant part thereof to the Contractor.

20.5 If such rectification, repair, replacement and/or modification is carried out by the Employers
or others, any cost incurred by the Employers (including but not limited to the cost of
detection of the Defect, inspection, removal, transport, supervision, repair, replacement,
reinstallation and modification of any systems in which the Goods have been incorporated
and re-testing of the Goods together with the cost of cleaning-up) shall be borne by the
Contractor.

20.6 If a Defect is identified in the Contractor's Documents, the Contractor shall bear all costs of
remedying such Defect together with all costs of undertaking any consequential work arising
from such Defect. Such costs shall be recovered by the Employers as a debt from any
payments due to the Contractor under the Contract.

20.7 Final Acceptance Certificate

The Employers shall within ten (10) Business Days after the last DLP Expiry Date and
satisfactory compliance of the Contractor's obligations under this Clause 20 [Defects
Liability] issue to the Contractor the Final Acceptance Certificate.

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21. TESTS AFTER DELIVERY

If Tests after Delivery are specified in the Employer's Requirements the Employers shall
carry out those tests following Delivery.

22. VARIATIONS

22.1 Right to Vary

22.1.1 Variations may be initiated by the Employers at any time prior to issuing the last
Delivery Certificate for the Goods, either by an instruction or by a request for the
Contractor to submit a proposal.

22.1.2 The Contractor shall execute and be bound by each Variation, unless the
Contractor promptly gives notice to the Employers' Representative and/or the
Project Manager and to the additional recipients set out in Clause 34.1.4 (b)
[Notices] stating (with supporting particulars) that the Contractor cannot readily
obtain the Goods required for the Variation. Upon receiving this notice, the
Employer shall cancel, confirm or vary the instruction.

22.1.3 The Contractor shall not make any alteration and/or modification of the Supply of
the Goods, unless and until the Employers instruct or approve a Variation.

22.2 Variation Procedure

22.2.1 If the Employers request a proposal, prior to instructing a Variation, the Contractor
shall respond in writing as soon as practicable, either by giving reasons why he
cannot comply (if this is the case) or by submitting:

a description of the proposed change to the Supply of the Goods to be


performed and a programme for its execution;

the Contractor’s proposal for any necessary modifications to the Time(s)


for Delivery; and

the Contractor’s proposal for valuation of the Variation.

22.2.2 The Employers shall, as soon as practicable after receiving such proposal respond
with approval, disapproval or comments. The Contractor shall not delay any work
whilst awaiting a response but shall not, unless otherwise instructed by the
Employers' Representative, implement the Variation in question until the proposal
(or any revision thereto) has been accepted by the Employers' Representative and
an appropriate written instruction issued by the Employers' Representative to the
Contractor.

22.2.3 Each instruction to execute a Variation, with any requirements for the recording of
Costs, shall be issued by the Employers to the Contractor, who shall acknowledge
receipt. If the Employers issue an instruction to execute a Variation, any
applications for payment in respect of such Variation shall be made in accordance
with the provisions of Clause 23 [Contract Value and Payment].

22.3 Changes in Law and Standards

22.3.1 Without prejudice to Clauses 23.2 [The Contract Value] and 23.12 [Taxes], if, after
the Effective Date:

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any Law is made, issued or promulgated or any change in Law occurs;


or

a change occurs to any Standard,

which in each case was Unforeseeable at the Effective Date and which requires
an alteration to the design of the Goods (or any part thereof) or materially affects
the Contractor's ability to achieve any Time(s) for Delivery, the Contractor shall be
entitled to claim (under Clause 24 [Contractor's Claims] any increase in Cost as an
additional payment and the Employers shall be entitled to deduct any reduction in
Cost from the Contract Value, subject to the Employers' right to issue a Variation
pursuant to Clause 22 [Variations].

22.3.2 The provisions of this Clause 22.3 [Changes in Law and Standards] shall not apply
to any change in Law or any Standard that is specifically mentioned in ANNEX 2
[Employer's Requirements] or in the Contract Particulars.

23. CONTRACT VALUE AND PAYMENT

23.1 Accepted Purchase Price and Currency

23.1.1 The accepted purchase price is [$insert amount in figures](insert amount in


words)] (the "Accepted Purchase Price").

23.1.2 The currency of the Contract shall be Dollars unless expressly stated otherwise in
the Contract Particulars.

23.2 The Contract Value

Unless otherwise stated in the Contract Particulars:

23.2.1 the Contract Value shall be the Accepted Purchase Price subject to adjustment in
accordance with the express provisions of the Contract (but not otherwise);

23.2.2 the Contractor shall pay all Taxes, duties and fees required to be paid by him
under the Contract; and

23.2.3 the price data set out in ANNEX 4 [Purchase Price] shall be used for the purposes
stated in that Annex and shall unless appropriate for the purposes of Clause 22
[Variations] and Clause 24 [Claims], not be applicable for any other purposes.

23.3 Advance Payment

23.3.1 If specified in the Contract Particulars as payable, the Employers shall make the
Advance Payment, as an interest-free loan for mobilisation.

23.3.2 Unless and until the Employers receive the Advance Payment Bank Guarantee
pursuant to Clause 3 [Bank Guarantees], this Clause 23.3 [Advance Payment]
shall not apply.

23.3.3 The Employers' Representative or the Project Manager shall issue a Payment
Statement for the first payment after receiving an Application for Payment (under
Clause 23.4 [Application for Payment Statement]) and after the Employers receive
the Advance Payment Bank Guarantee pursuant to Clause 3 [Bank Guarantees].

23.3.4 The Advance Payment shall be repaid through percentage deductions in Payment
Statements as follows:

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Deductions shall commence in the first Payment Statement; and

Deductions shall be made at the amortisation rate of ten per cent (10%)
of the amount of each Payment Statement (excluding the Advance
Payment and deductions) until such time as the Advance Payment has
been repaid.

23.3.5 If the Advance Payment has not been repaid prior to the issue of the last Delivery
Certificate or prior to termination or suspension of the Contractor's employment
under the Contract, the whole of the balance of the Advance Payment then
outstanding shall immediately become due and payable by the Contractor to the
Employers.

23.4 Application for Payment Statement

23.4.1 The Employers shall pay the Contractor the Accepted Purchase Price in
instalments as set out in ANNEX 7 [Payment Terms] and on completion of a
Milestone and the Contractor shall only be entitled to apply for payment of the
relevant instalment on completion of a Milestone.

23.4.2 The Contractor shall submit an Application for Payment in four (4) copies,
expressed in Dollars, to the Employers' Representative and the Project Manager
showing:

the instalment for the relevant Milestone completed and the Contractor’s
Documentation produced, and any Variations;

any amounts to be added and deducted for the Advance Payment and
repayments in accordance with Clause 23.3 [Advance Payment];

any other additions or deductions which may have become due under
the Contract or otherwise.

23.4.3 The Application for Payment shall be supported by all relevant documentary
evidence appropriately itemised.

23.5 Issue of Payment Statement

23.5.1 No amount other than the Advance Payment will be certified or paid until the
Employers have received and approved the Performance Bank Guarantee.
Thereafter, the Employers' Representative and the Project Manager shall, within
twenty-one (21) days after receiving an Application for Payment and supporting
documents, where the Employers' Representative and the Project Manager
determine that the relevant Milestone has been completed, issue to the Contractor
a Payment Statement which shall state the instalment for the relevant completed
Milestone and any other amounts which the Employers' Representative and the
Project Manager fairly determine to be due, with supporting particulars after taking
into account any adjustment for the Advance Payment, and any other deductions.

23.5.2 The Employers' Representative may in any Payment Statement make any
correction or modification that should properly be made to any previous Payment
Statement. A Payment Statement shall not be deemed to indicate the Employers',
the Employers' Representative’s or the Project Manager's acceptance, approval,
consent or satisfaction.

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23.6 Payment

23.6.1 The Employers shall pay to the Contractor:

the Advance Payment within ten (10) Business Days after receiving the
documents in accordance with Clause 3.2 [Advance Payment Bank
Guarantee]; and

the amount certified in each Payment Statement within twenty-one (21)


days after the Employers' Representative receives the Application for
Payment and supporting documents.

23.6.2 Payment of the amount due shall be made into the bank account, nominated by
the Contractor, as specified in the Contract Particulars.

23.7 Delayed Payment

23.7.1 If the Contractor does not receive payment in accordance with Clause 23.6
[Payment], the Contractor shall be entitled to receive interest on late payments at
the annual rate of one percent (1%) above LIBOR on the amount unpaid during
the period of delay. This period shall be deemed to commence on the date for
payment specified in Clause 23.6 [Payment].

23.7.2 Without prejudice to any other rights of the Employers if the Employers do not
receive payment of any monies due to them from the Contractor the Employers
shall be entitled to receive interest on the amount unpaid during the period of
delay and such interest shall be calculated at the annual rate of one percent (1%)
above LIBOR prevailing during the period of delay.

23.8 Discharge

When submitting the Application for Payment for the final Milestone, the Contractor shall
submit a written discharge which confirms that the total of the Payment Statements
received, plus the amount of the Application for Payment for the final Milestone, represents
full and final settlement of all moneys due to the Contractor under or in connection with the
Contract. This discharge may state that it becomes effective when the Contractor has
received the Performance Bank Guarantee and the outstanding balance of this total, in
which event the discharge shall be effective on such date.

23.9 Within twenty-one (21) days after receiving the Application for Payment and written
discharge in accordance with Clause 23.8 [Discharge], the Employers' Representative and
the Project Manager shall issue, to the Contractor, the final Payment Statement which shall
state:

23.9.1 the amount which is finally due; and

23.9.2 after giving credit to the Employers for all amounts previously paid by the
Employers and for all sums to which the Employer is entitled, the balance (if any)
due from the Employers to the Contractor or from the Contractor to the Employers,
as the case may be.

23.10 If the Contractor has not applied for a final Payment Statement in accordance with Clause
23.8 [Discharge], the Employers' Representative and the Project Manager shall request the
Contractor to do so. If the Contractor fails to submit an application within a period of twenty-
eight (28) days, the Employers' Representative or the Project Manager shall issue the final
Payment Statement for such amount as he fairly determines to be due.

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23.11 Cessation of Employers' Liability

Following the issue of the last Payment Statement, the Employers shall not be liable to the
Contractor for any matter or thing under or in connection with the Contract or the Supply of
the Goods (whether under Contract, tort, for negligence or otherwise) except for any liability
that cannot be excluded at law.

23.12 Taxes

Unless stated otherwise in the Contract Particulars:

23.12.1 the Contract Value shall be deemed to include all and any Taxes which the Law
requires the Employers to pay to the Contractor; and

23.12.2 all Taxes assessed on the Contractor, and all Taxes calculated by reference to
profits or deemed profits made by the Contractor are borne by the Contractor and
in the event that the Employers become liable for the payment of the foregoing the
Contractor shall indemnify the Employers against these liabilities.

24. CONTRACTOR'S CLAIMS

24.1 Notice of Claims

24.1.1 This Clause 24 [Contractor's Claims] shall not apply to any claims resulting from a
Variation Order such claims are dealt with in accordance with Clause 22
[Variations].

24.1.2 If the Contractor considers that it may have grounds to claim any additional
payment pursuant to the Contract or otherwise, it shall be a condition precedent to
the entitlement to any claim (without prejudice to the Contractor’s obligation to
comply with any other procedure or obligation in relation thereto and subject
always to any express notification requirements in the Contract), that it gives
notice to the Employers, within thirty (30) days after the Contractor has knowledge
or ought reasonably to have knowledge of the event giving rise to the claim with an
assessment of the impacts of such event. The notification shall include details of
the Contract and, where applicable the Clause, under which the claim is made, the
circumstances in which the claim arises and details of the records that the
Contractor will maintain to substantiate the amount of its claim.

24.2 Contemporary Records

Upon the happening of the event referred to in Clause 24.1.2 [Notice of Claims] or upon the
impacts of such event having become known as aforesaid, the Contractor shall maintain
such contemporary records (including those referred to in its notice under Clause 24.1.2
[Notice of Claims]) as may be necessary to support any claim it may subsequently wish to
make. Without any admission of liability on its part, the Employers shall on receipt of a
notice under Clause 24.1.2 [Notice of Claims], inspect such contemporary records and may
instruct the Contractor to maintain any further contemporary records as are reasonable and
may be material to the claim of which notice has been given. The Contractor shall permit
the Employers to inspect all records maintained pursuant to this Clause 24.2 [Contemporary
Records] and shall supply them with copies thereof as and when the Employers so instruct.

24.3 Substantiation of Claims

As soon as reasonably practicable and in any event not later than thirty (30) days of giving
notice under Clause 24.1.2 [Notice of Claims] or with the Contractor's application for a Final
Acceptance Certificate (whichever is the earlier), the Contractor shall send to the Employers
an account giving detailed particulars of the amount claimed and the grounds upon which
the claim is based. Where the event giving rise to the claim has a continuing effect, such

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account shall be considered to be an interim account and the Contractor shall, at such
intervals as the Employers may reasonably require, send further interim accounts giving the
accumulated amount of the claim and any further grounds upon which it is based. In cases
where interim accounts are sent to the Employers, the Contractor shall send a final account
as soon as is reasonably practicable but in any event not later than thirty (30) days after the
end of the effects resulting from the event.

24.4 Failure to Comply

The Employers may reject any claim for additional payment which does not comply with the
time related requirements of this Clause 24 [Contractor's Claims]. If the Contractor fails to
give notices pursuant to and in accordance with this Clause 24 [Contractor's Claims] within
the time periods set out, the Contractor shall not be entitled to additional payment or
extension of time and the Employers shall be discharged from all liability in connection with
the claim. Further, and without derogation from the generality of the foregoing, the
Contractor shall not be entitled to any additional payment to the extent that the
circumstances giving rise to the claim to payment have occurred by some default, omission
or neglect of the Contractor or any Subcontractor.

25. EMPLOYERS' CLAIMS

25.1.1 If the Employers consider themselves to be entitled to any payment under any
Clause of these General Conditions or otherwise in connection with the Contract,
and/or to any extension of the Defects Liability Period, the Employers'
Representative or the Project Manager shall give notice and particulars to the
Contractor.

25.1.2 A notice relating to any extension of the Defects Liability Period shall be given
before the expiry of such period.

25.1.3 The particulars shall specify the Clause or other basis of the claim, and shall
include substantiation of the amount and/or extension to which the Employers
consider themselves to be entitled in connection with the Contract. The
Employers' Representative shall then proceed in accordance with Clause 2.6
[Determinations] to agree or determine (i) the amount (if any) which the Employers
are entitled to be paid by the Contractor, and/or (ii) the extension (if any) of the
Defects Liability Period. This amount may be included as a deduction in the
Contract Value and Payment Statements.

26. ASSIGNMENT

The Contractor must not assign any rights or obligations under the Contract without the prior
written consent of the Employers. The Employers may at any time assign any rights and/or
obligations under the Contract. The warranties and guarantees set out in the Contract shall
extend to the Employers' respective successors and assignees and is without prejudice to
the Contractor's liability hereunder.

27. INSURANCE

27.1 The Contractor shall take out and maintain all insurances required by Law and such other
insurances in such amounts as set out in ANNEX1 [Contract Particulars].

27.2 The Contractor shall maintain such insurance for the period commencing on the
Commencement Date and expiring on the date of the Final Acceptance Certificate provided
that such insurance is generally available to members of the Contractor's profession in the
market at commercially reasonable rates and shall comply with all conditions and obligations
of such insurance policy.

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27.3 The Contractor shall immediately inform the Employers if such insurance ceases to be
available at commercially reasonable rates. The Employers and the Contractor must then
discuss the best means of protecting the Employers' position and the Contractor must, if
requested by the Employers, take out such alternative appropriate insurance as is available
in the market at commercially reasonable rates.

27.4 As and when requested by the Employers, the Contractor must produce for inspection a
certificate of insurance evidencing that the required insurances are being properly
maintained.

27.5 The insurance taken out and maintained by the Contractor shall include, for the insured
period, an indemnity in favour of the Employers against all claims, liability or loss in respect
of personal injury including death to any person or damage to any property (other than the
Project) arising out of or in connection with the failure to perform its obligations under the
Contract to the extent that this is due to the negligence or the fault of the Contractor or its
employees, agents or contractors.

27.6 The Employers shall take out and maintain such insurances in such amounts as set out in
ANNEX 1[Contract Particulars].

28. TERMINATION

28.1 Termination following suspension

When the Supply, or any part of them, has been suspended for eighteen (18) Months or
more either Party may terminate the Contract by serving written notice on the other to that
effect.

28.2 Termination by the Employers

The Employers may terminate all of the employment of the Contractor under the Contract if:

28.2.1 the Contractor abandons the Supply of the Goods or any part thereof;

28.2.2 without reasonable cause fails to proceed with the performance of its obligations
under Clause 19 [Delivery];

28.2.3 the Contractor is the subject of an Insolvency;

28.2.4 any of the bank guarantees provided in accordance with Clause 3 [Bank
Guarantees] become invalid, non binding or unenforceable or the issuer is the
subject of an Insolvency;

28.2.5 the Contractor is in breach of Clause 30 [Confidentiality]; or

28.2.6 if the Contractor is in material or persistent breach of its obligations and fails to
remedy this within fourteen (14) days of receiving a notice from the Employers
specifying the breach and requiring its remedy.

28.3 Payment to Contractor Following Termination

28.3.1 The Contractor shall upon receipt of a termination notice deliver to the Employers'
Representative any Goods (including any Contractor's Documents) which the
Employers may require.

28.3.2 Upon such termination the Contractor is entitled to be paid its Costs for the Supply
provided prior to the date of such termination. No other fees, costs, losses or
expenses whatsoever are payable.

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28.3.3 After termination the Employers may themselves arrange for the Supply of any
Goods and/or may arrange for any other entities to do so, and for such purposes
the Employers and/or any such entities may use all or any Contractor’s
Documents necessary therefor.

28.3.4 As soon as practicable after a notice of termination has been given under this
Clause 28 [Termination], the Employers' Representative shall proceed in
accordance with Clause 2.6 [Determinations] to agree or determine the value of
the Supply of the Goods including the Contractor's Documents and any other
sums due to the Contractor for work executed in accordance with the Contract
prior to such termination.

28.3.5 The Employers may recover from the Contractor any losses and damages
incurred by the Employers as a result of such termination, together with any extra
costs of performing or completing all the obligations of the Contractor under the
Contract which remained to be performed or completed at the date of termination
and in respect of which the Contractor's employment has been terminated, and of
remedying any Defects.

28.3.6 Termination of the Contract is without prejudice to the rights and remedies of
either Party in relation to any negligence, omission, default or breach of contract of
the other prior to such termination.

28.4 The Employers shall be entitled to terminate all of the employment of the Contractor under
the Contract, at any time for the Employers' convenience (and at their sole and absolute
discretion, and whether or not it is intended for any remaining Goods to be executed by the
Employers or by another contractor) by giving to the Contractor notice of such termination.
The termination shall take effect twenty-eight (28) days after the date on which the
Contractor receives this notice. The provisions of Clause 28.3 [Payment to Contractor
following termination] shall apply in respect of any payment due to the Contractor arising
from such termination.

29. FORCE MAJEURE

29.1 Notice of Occurrence

29.1.1 In the event of Force Majeure, the Party that is or may be delayed in performing
the agreement shall notify the other Parties without delay giving the full particulars
thereof (including the likely duration of such event or circumstances and of its
obligations the performance of which are delayed or prevented) and shall use all
reasonable endeavours to mitigate and remedy the impact of such Force Majeure.

29.1.2 The affected Party shall issue further notices as reasonable from time to time (but
no less frequently than weekly) to update the other Parties as to the status of such
event or circumstances and its ability to perform.

29.2 Effect of Force Majeure

The affected Party giving notice in accordance with Clause 29.1 [Notice of Occurrence] shall
thereafter be excused the performance or punctual performance, as the case may be, of the
obligations notified for so long as the Force Majeure notified continues and the affected
Party shall be deemed not to be in breach of the Contract to the extent that such breach is
caused by such Force Majeure. The affected Party shall nevertheless use all reasonable
endeavours to continue to perform its obligations under the Contract and to mitigate and
minimise the adverse effects of the Force Majeure and shall keep the other Parties informed
of material developments relating to such Force Majeure. The affected Party shall notify the
other Parties of the steps it proposes to take to minimise the effects of Force Majeure, which
may include the cancellation of existing commitments on reasonable terms, the minimisation
of payments which may become due under Clause 29.4 [Payment on Termination for Force

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Majeure] as well as any reasonable alternative means of performance and the Parties shall
jointly decide on what steps should be taken to minimise the effects of Force Majeure
including any such reasonable alternative means of performance. The affected Party shall
not proceed with such steps or means of performance (other than in the case of an
emergency) without the other Party’s agreement to such steps or means of performance
and the terms on which they will be undertaken. Provided that nothing in this Clause 29
[Force Majeure] shall prevent the Employers, after the issue of a notice under Clause 29.1
[Notice of Occurrence] by either Party, from issuing directions and instructions to the
Contractor, before or after any discussions between the Parties as to minimising the effects
of the Force Majeure, as to the stoppage or suspension of the Supply of the Goods.

29.3 Termination in Consequence of Force Majeure

If the affected Party shall be excused the performance or punctual performance of any
material obligation under the Contract by reason of Force Majeure for a continuous period of
one hundred and eighty (180) days from the date first notified under Clause 29.1 [Notice of
Occurrence] then the other Parties may at any time thereafter, and provided performance or
punctual performance by the affected Party is still excused, terminate the Contract by notice
to such Party and such termination will take effect seven (7) days after the date of the
notice. Any termination under this Clause 29.3 [Termination in Consequence of Force
Majeure] shall be without prejudice to the existing rights under the Contract of any Party.

29.4 Payment on Termination for Force Majeure

29.4.1 If the carrying out of the Supply under the Contract is terminated under Clause
29.3 [Termination in Consequence of Force Majeure] the Contractor shall be
entitled to receive (to the extent it has not already received payment for the same)
the Contract Value of any work done in accordance with the Contract and received
by the Employers.

29.4.2 The total amount payable to the Contractor under this Clause 29.4 [Payment on
Termination for Force Majeure] when added to payments already received by the
Contractor shall not exceed the Accepted Purchase Price.

30. CONFIDENTIALITY

30.1 Subject to Clause 30.4 [Permitted Disclosure], each Party shall treat as strictly confidential
(and shall not disclose, share or use in any promotional literature) any and all Confidential
Information and shall not refer to the other Party or the subject-matter of the Contract in
such a way as to identify it to any other person.

30.2 Any Confidential Information received or obtained by the Contractor as referred to in Clause
30.1 [Confidentiality] shall only be used by the Contractor for the purposes of performing its
obligations under and in accordance with the Contract, and any other use or purpose thereof
is strictly prohibited.

30.3 The Contractor hereby agrees that any Confidential Information received or obtained by the
Contractor as referred to in Clause 30.1 [Confidentiality] is and will remain the property of
the Employers or (if not the Employers) the owner of such Confidential Information (as
appropriate) and that drawings or other written, printed or electronic data included therein
are not to be copied or reproduced, mechanically or otherwise, without the express
permission of the Employers, except to the extent that the Contractor reasonably requires in
connection with the performance of its obligations under and in accordance with the
Contract.

30.4 Permitted Disclosure

30.4.1 Each Party may disclose Confidential Information which would otherwise be
confidential if and to the extent:

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required by the Law of any jurisdiction to which the disclosure is subject,


provided that the disclosing Party has taken all practicable legal steps to
prevent such disclosure and provided always that the disclosing Party
will provide the other Parties with prompt notice of any such disclosure
so that a protective order or other appropriate remedy may be sought. In
any such event, the disclosing Party will inform the recipient of the
Confidential Information that the Confidential Information being disclosed
is subject to the confidentiality restrictions set out herein;

required by any securities exchange or Agency to which any Party is


subject, wherever situated, whether or not the requirement has the force
of Law provided always that the disclosing Party will provide the other
Parties with prompt notice of any such disclosure so that a protective
order or other appropriate remedy may be sought. In any such event, the
disclosing Party will inform the recipient of the Confidential Information
that the Confidential Information being disclosed is subject to the
confidentiality restrictions set out herein;

disclosed to the professional advisers for the purposes of pursuing any


claim under or in connection with the Contract or auditors of the Party or
to any actual or potential bankers or financiers of that Party, but in each
such case under the same constraints as to confidentiality as apply
under this Clause 30 [Confidentiality]; or

that the other Parties have given prior approval to such disclosure.

30.4.2 The Employers may disclose Confidential Information which would otherwise be
confidential to:

the corporate shareholders of each Employer;

bona fide potential purchasers of a proprietary interest in the Project, the


Goods or parts thereof;

potential investors or providers of external finance in relation to


investment or funding for the Project; and/or

Related Works Contractors to the extent required for performance of


their obligations under the relevant Related Works Contract,

but under the same constraints as to confidentiality as apply to the Employers


under this Clause 30 [Confidentiality].

30.5 Period of Restriction

The restrictions contained in this Clause 30 [Confidentiality] shall continue to apply for
twenty five (25) years after the later of termination or the issue of the Final Acceptance
Certificate, or for such other period as may be agreed between the Parties in writing, having
regard to the nature and source of the relevant information.

30.6 No publicity

The Contractor must not be party to the publication of any information, reports, document,
photograph, illustration or article concerning the Supply of Goods or the Project without the
prior approval of the Employers, which approval is at the Employers' absolute discretion.
The Contractor must refer to the Employers any enquiries from the media concerning the
Supply of Goods or the Project.

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31. WAIVERS AND REMEDIES CUMULATIVE

The rights and remedies provided in the Contract for the benefit of or in favour of either party
are cumulative and do not exclude any other right or remedy provided at law unless
expressly stated otherwise. No failure or neglect on the part of either party to exercise such
rights or remedies and no single or partial exercise of them precludes any further or other
exercise of such rights and remedies.

32. NOTICES

32.1 Writing

Save as otherwise agreed or otherwise expressly stated herein, every notice and other
communication required in connection with the Contract shall be in writing, where relevant
shall clearly state on the face of the document that it is a notice issued in accordance with
the Contract (specifying the Clause under which the notice is issued), and shall be:

32.1.1 delivered by hand (against acknowledgement of receipt);

32.1.2 sent by courier (provided always that same shall only be treated as valid, if when
receipt is subsequently denied, evidence of delivery is provided by the sending
Party); or

32.1.3 sent by e-mail transmission to the relevant email address specified in Clause 32.4
[Deemed Receipt] provided always that such notices shall only be treated as valid
only if:

the text is sent in PDF format; and

a copy thereof is thereafter delivered to the recipient in accordance with


Clause 32.1.1 or 32.1.2 [Writing];

32.1.4 where the notice and/or communication is issued from the Contractor, to:

in the case of notices and/or any communications to be issued to the


Employers' Representative in accordance with the Contract, to the
Employers' Representative;

in the case of all notices and/or communications on all matters other than
(i) technical matters and (ii) matters under Clauses 19.3.3, 19.3.4 and/or
19.3.7 to:

(i) Mr Choudhary at [insert business and email address for Mr


Choudhary]; and

(ii) Mr Palsule at [insert business and email address for Mr


Palsule]

in the case of notices and/or communications on technical matters to:

(i) [insert details for Mr Shukla for contract package relating to


ISBL]

[insert details for Mr Jha for contract package relating to


OSBL]

[insert details for Mr Reims for contract package relating to


construction]; and

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(ii) copied to: Mr Choudhary at [insert business and email


address for Mr Choudhary] and Mr Palsule at [insert
business and email address for Mr Palsule]

in the case of communications required under Clauses 19.3.3, 19.3.4


and/or 19.3.7 to:

(i) Mr Sadik Alimohamed at Bulk Commodities International


DMCC, P.O.Box 214569, AG (Silver) Tower, Level 8,
Jumeirah Lakes Towers, Dubai, UAE, alimohamed@bulk-
commodities.com;

(ii) copied to: Mr Choudhary at [insert business and email


address for Mr Choudhary] and Mr Palsule at [insert
business and email address for Mr Palsule]

32.2 Exceptions to Email

Any notices:

32.2.1 referring any dispute for resolution in terms of Clause 33 [Dispute Resolution];

32.2.2 relating to late or non-payment by the Employers of any sum otherwise due to the
Contractor under the Contract;

32.2.3 concerning a material breach of the Contract by the Employers or the Contractor;
and/or

32.2.4 terminating the Contract,

must, notwithstanding the above, be delivered by hand or sent by courier to the


representative of the recipient and to the Employers or the Contractor for the attention of the
persons set out in Clause 32.4 [Addresses for Notices].

32.3 Deemed Receipt

Subject to Clause 32.1 [Writing] any notice or other communication referred to in Clause
32.2 [Exceptions to Email] is deemed to have been received:

32.3.1 at the time of delivery, if delivered personally;


32.3.2 at the time of delivery, if delivered by courier; and
32.3.3 at the time of receipt if sent by email,

provided that if deemed receipt occurs after 5pm on a business day, or on a day which is not
a business day, the notice shall be deemed to have been received at 9am on the next
business day. For the purpose of this Clause 32.3, "business day" means any day which is
not a Saturday, a Sunday or a public holiday in the place at or to which the notice is left or
sent.

32.4 Addresses for Notices

The addresses of the parties and recipients for notices and/or communications for the
purposes of this Clause are those set out in the Contract Particulars or such other address
as may be notified in writing from time to time by the relevant party to the other Party.

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33. DISPUTE RESOLUTION

33.1 Dispute Notice and Dispute Panel

For the purposes of this Clause 33, references to "Party" shall mean either the Employers or
the Contractor. Where any dispute or difference arises between the Employers and the
Contractor in connection with the Contract (a "Dispute") then, it shall first be referred to the
Dispute Panel by either Party serving written notice on the other identifying the Dispute (the
"Dispute Notice"). The Dispute Panel shall attempt in good faith to resolve the Dispute
before a referral to mediation and/or arbitration and without recourse to legal proceedings. If
the Dispute cannot be resolved within ten (10) Business Days of the Dispute Notice then
either party shall have the right to refer the dispute to mediation, arbitration and/or court.

33.2 Mediation

33.2.1 If any Dispute cannot be settled by the Parties in accordance with Clause 33.1
[Dispute Notice and Dispute Panel], then each Party may propose to the other to
attempt to settle it by mediation in accordance with the Centre for Dispute
Resolution ("CEDR") Model Mediation Procedure.

33.2.2 To initiate a mediation, a Party must give notice in writing ("ADR Notice") to the
other Party requesting a mediation. A copy of the request should be sent to
CEDR.

33.2.3 If the Dispute is not resolved within forty two (42) Business Days (or such other
period as the Parties may agree) of the giving of the ADR Notice, or if one of the
Parties refuses or fails to participate in the mediation process, either Party may
require that the dispute be referred to and finally resolved in accordance with
Clause 33.3 [Arbitration].

33.3 Arbitration

33.3.1 If the Parties fail to resolve any Dispute pursuant to either Clause 33.1 [Dispute
Notice and Dispute Panel] or 33.2 [Mediation], then either Party may give to the
other Party formal notice in writing that a Dispute exists, specifying its nature, the
points(s) in issue and its intention to initiate the Arbitration proceedings pursuant to
Clause 33.3 [Arbitration]. If the Parties fail to resolve such dispute by further
consultation within a period of seven (7) calendar days from the date upon which
such notice of Dispute has been given, the Dispute shall be referred to arbitration
pursuant to Clause 33.3.3 [Arbitration].

33.3.2 For the avoidance of doubt if any Dispute is referred to mediation pursuant to
Clause 33.2 hereunder neither Party shall refer a dispute to arbitration until either:

the Dispute is not resolved within the period stipulated in Clause 33.2
[Mediation] above; or

neither Party proposes mediation, or upon proposal by one Party the


other Party refuses to participate in the mediation process pursuant to
Clause 33.2 [Mediation] above.

33.3.3 If the conditions of Clause 33.3.2 above are satisfied or the matter has not,
pursuant to 33.2 [Mediation], been referred to mediation and a Party provides the
other Party a notice of intent to seek arbitration, the Dispute shall exclusively and
finally be settled by arbitration in London to be administered by the London Court
of International Arbitration ("LCIA") under its then-current rules.

33.3.4 The schedule of fees and costs applicable to the arbitration shall be those of the
LCIA and the arbitrators, three in number, shall be nominated by the Parties and
confirmed by the LCIA. Each Party shall nominate an arbitrator for confirmation by

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the LCIA. Should either Party fail to nominate his arbitrator within thirty (30)
calendar days after nomination of the other Party's arbitrator, then upon the written
request of such other Party, the LCIA shall appoint an arbitrator nominated by the
President or a Vice-President of the Chartered Institute of Arbitrators of the United
Kingdom to act as the arbitrator of the party failing to nominate its arbitrator. The
third arbitrator, who shall act as chairman of the arbitration tribunal, shall be
nominated for appointment by the LCIA, by the President or a Vice-President of
the Chartered Institute of Arbitrators of the United Kingdom. The arbitrators shall
have a command of the English language and shall not be or have been affiliated
in any way with either Party or any branch, parent or subsidiary thereof. In
addition, the third arbitrator shall be well-versed with the governing law specified in
Clause 36 [Governing Law and Jurisdiction] and in matters relevant to the nature
of the Dispute, and shall not be a citizen of or originate from Nigeria or the country
of domicile or residence of any Contractor or any sub-contractor. The arbitration
tribunal, including all staff, all witnesses, and attending non-parties, shall be legally
bound by agreements and/or orders to prevent the disclosure of the Employer's
confidential information which may be disclosed to them in connection with
arbitration proceedings conducted hereunder.

33.3.5 All arbitration proceedings shall take place in London, England. All documentation
and oral proceedings shall be conducted in the English language. Each Party
shall have the right through power of subpoena to require the production of
documents and confront and cross examine witnesses, and all evidence shall be
given by the Parties and their witnesses on oath or affirmation. Furthermore, each
Party hereto shall have the right to have all necessary parties joined during any
arbitration proceeding hereunder. If failure to join a necessary party in an
arbitration proceeding would cause an injustice with respect to either Party, such
arbitration proceeding shall not be commenced or, if commenced, shall be
dismissed without prejudice.

33.3.6 Any award of the arbitration tribunal shall include the reasons for such award.
Monetary awards shall be made in Dollars. All expenses of the arbitration
proceeding shall be borne in accordance with the instructions of the arbitrators.

33.4 Related Disputes

33.4.1 In the event that:

arbitrators have already been appointed under the agreement in respect


of a Dispute;

a dispute has arisen between either (i) either of the Employers and any
other contractor (a "Related Dispute") appointed by or on behalf of the
Employer in respect of the Project (a "Related Party") or (ii) between the
Employers and the Contractor or any Affiliate of the Contractor (a
"Related Dispute"); and

the Related Dispute concerns the same or substantially the same subject
matter as the dispute referred to arbitration under the Contract referred
to in (a) above, then the Employers may require, by notice to the
arbitrators and the relevant Related Party or to the arbitrators and the
Contractor or relevant Affiliate of the Contractor (if the Related Dispute is
between the Employers and the Contractor or an Affiliate of the
Contractor as the case may be),

that the Related Dispute be dealt with by the appointed arbitrators in a


consolidated arbitration no later than seven (7) calendar days after the
confirmation of the arbitrators appointment by the LCIA. In the event of such
consolidation, the Parties will comply with such adjusted timetable for the
consolidation arbitration as the arbitrators may direct.

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33.4.2 In the event that:

the arbitrator(s) have already been appointed to arbitrate a Related


Dispute ;

a Dispute has arisen under the Contract; and

such Dispute under the Contract concerns the same or substantially the
same subject matter as the Related Dispute and the Employers desire
that the Dispute under the Contract be dealt with by the arbitrator(s)
appointed in the Related Dispute ,

then in such case the Contractor shall allow the Dispute under the Contract to be
dealt with by way of consolidation by the arbitrator(s) in the Related Dispute
provided always that the Contractor shall be entitled not to allow such
consolidation solely on the grounds that the Contractor objects to the identity of
the arbitrator(s) already appointed on the basis that the Contractor has reasonable
grounds to believe that any decision of such arbitrator(s) will not be fair and
impartial. In the event of such consolidation, the parties will comply with such
adjusted timetable for the consolidated arbitration as the arbitrator(s) may direct.

33.4.3 The arbitrators shall have full power to open up, review and revise any decision,
opinion, instruction, determination, certificate or valuation of the Employers, the
Contractor or their representatives related to the Dispute.

33.4.4 Neither Party shall be limited in the proceedings before such arbitrators to the
previous evidence or arguments on any matter whatsoever relevant to the Dispute.
Arbitration may be commenced prior to or after completion of the Supply, provided
that the obligations of the Employer and the Contractor shall not be altered by
reason of the arbitration being conducted during the progress of the Supply unless
the arbitral tribunal orders otherwise.

33.5 Arbitration Awards to be Binding

33.5.1 The Parties undertake to carry out any award of the arbitrators relating to such
dispute without delay, and waive their right to any form of appeal or recourse to a
court of law or other judicial authority, insofar as such waiver may be validly made.
Awards relating to any Dispute shall be final and binding on the Parties to such
Dispute as from the date they are made.

33.5.2 Any arbitration pursuant to the Contract shall be an international arbitration and
the award shall be regarded as a foreign award relating to a dispute arising out of
a commercial, legal relationship, to which the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards 1958 applies, and shall
not be deemed to be a domestic arbitration under English law or the law of any
other country.

33.6 Supply to Continue

Notwithstanding any reference to mediation or arbitration hereunder:-

33.6.1 the Parties shall continue to perform their respective obligations under the
Contract in accordance with its terms unless the Parties otherwise agree or unless
the arbitral tribunal orders otherwise in an interim order or ruling; and

33.6.2 the Employers shall pay to the Contractor any monies due and owing to the
Contractor under the Contract unless the arbitral tribunal orders otherwise in an
interim order or ruling.

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34. ENTIRE AGREEMENT

34.1 Entire Agreement

The Contract supersedes and extinguishes any prior drafts, agreements, undertakings,
understandings, representations, warranties and arrangements of any nature between the
Parties, whether or not in writing, in relation to the subject matter of the Contract.

34.2 No Reliance

Each Party warrants that it has not entered into the Contract in reliance on any
representation, warranty or undertaking which is not expressly stated in the Contract and
any representation, warranty or undertaking implied by law or by custom is expressly
excluded.

34.3 Misrepresentation

Each Party irrevocably and unconditionally waives any right or remedy it may have to claim
damages or to rescind the Contract by way of any misrepresentation (other than fraudulent
misrepresentation) having been made to it by any person (whether party to the Contract or
not) other than as expressly set out in the Contract.

34.4 Liability for Fraud

Nothing in the Contract operates to exclude any liability or remedy for fraud.

35. SEVERANCE

35.1 If any provision of the Contract is or becomes illegal, invalid or unenforceable in any
jurisdiction that does not affect:

35.1.1 the legality, validity or enforceability in that jurisdiction of any other provision of the
Contract; and

35.1.2 the legality, validity or enforceability in any other jurisdiction of that or any other
provision of the Contract.

36. GOVERNING LAW AND JURISDICTION

36.1 Governing Law

The Contract is governed by and is to be construed in accordance with the law of England.

36.2 Jurisdiction

Each Party irrevocably submits to the exclusive jurisdiction of the courts of England as
regards any claim, dispute or matter arising out of or in connection with the Contract and its
implementation and effect.

37. ANTI-BRIBERY, CORRUPTION, CONFLICTS OF INTEREST AND SANCTIONS

37.1 The Contractor represents, warrants and undertakes to the Employers as follows:

37.1.1 that neither it nor its employees, its officers or its agents or Subcontractors or sub-
licensees performing any of the Supply under the Contract has done (or agreed to
do) or will do (or agree to do) anything which constitutes a breach of any Bribery
Legislation;

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37.1.2 that it will procure that it and any person working for it and performing Supply in
relation to the Contract has in place and monitors, adequate and effective
procedures to prevent a breach of the Bribery Legislation; and

37.1.3 that none of the Contractor's directors, officers, employees, Subcontractors or


agents shall directly or indirectly offer, promise or give or request, agree to receive
or accept a bribe in connection with the Contractor's appointment by the
Employers or any Supply that the Contractor carries out on the Employers' behalf.

37.2 The Contractor warrants that neither it nor any of its associated persons have been
convicted of any offence, involving bribery, corruption, fraud or dishonesty or are under
investigation by the police, a regulator or other public authority for such an offence.

37.3 The Contractor shall promptly notify the Employers if, at any time during the term of the
Contract, there is any material change in circumstances or knowledge relevant to the
warranties set out in this Clause 37 [Anti-bribery, Corruption, Conflicts of Interest and
Sanctions].

37.4 For the purposes of this Clause 37 [Anti-bribery, Corruption, Conflicts of Interest and
Sanctions], "Bribery Legislation" means all applicable laws relating to anti-bribery and anti-
corruption including but not limited to the Bribery Act 2010, the Proceeds of Crime Act 2002,
the (Indian) Prevention and Corruption Act 1988 and the OECD Convention on Combating
Bribery of Foreign Public Officials in International Business Transactions and any and all
similar anti-bribery and/or anti-corruption legislation applicable from time to time to the
Contract and/or its or their subject matter.

37.5 Conflict of Interest

37.5.1 The Contractor warrants and shall procure that each Subcontractor (of each tier)
warrants that it shall at all times act in a manner which is in accordance with the
highest ethical standards and shall exercise all care and diligence to prevent any
actions or conditions which could result in a conflict of interest with the Employers'
best interests.

37.5.2 The Contractor shall not enter into any other business relations associated with
the Contract except as approved by the Employers. The Contractor shall inform
the Employers of any proposed Subcontractor who has an existing corporate
relationship with the Contractor.

37.6 Sanctions

37.6.1 The Contractor warrants and undertakes that as of the Effective Date, to the best
of its knowledge, information and belief, the Contractor, Affiliates of the Contractor
and the Contractor's Personnel neither are nor is reasonably likely to become a
Sanctioned Person.

37.6.2 From the Effective Date the Contractor shall immediately notify the Employers
upon becoming aware that the Contractor, an Affiliate of the Contractor and/or any
of the Contractor's Personnel has become or are reasonably likely to become a
Sanctioned Person.

37.6.3 Where:

the Employers have made a payment to the Contractor in accordance


with the terms of the Contract; and

the Employers can demonstrate that such payment has been released to
the Contractor by either Employer's bank providing a copy of the SWIFT
message confirming initiation of the wire transfer to the Contractor, but

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payment was not received by the Contractor by reason of the application


of any economic or trade sanction, regulation, statute or official embargo
measure enacted by any country against Nigeria or the Government of
Nigeria, or because the Contractor is named as a blocked and/or
sanctioned entity or is deemed to be a blocked and/or sanctioned entity
under any such sanction,

then for the purposes of Clause 23 [Contract Value and Payment], such
payment shall be deemed to have been received by the Contractor within
the timeframes provided for in Clause 23 [Contract Value and Payment]
and Clause 23.7 [Delayed Payment] shall not apply.

37.7 Employers Financing

37.7.1 The Contractor recognises that the Employers may wish to finance or refinance
their investment in the Project through limited recourse or other financing in the
commercial bank debt and/or capital markets, or in connection with the Contract
via an export credit agency, on or after the Effective Date. The Contractor also
recognises that the entering into of one or more direct agreements (by which there
is given to the providers of such finance (the "debt providers") a right to step-in to
and/or to procure a novation of the Employers' rights and obligations under the
Contract) may be one of the preconditions to the provision of such finance by the
debt providers.

37.7.2 Accordingly, the Contractor will co-operate in good faith with the Employers, and
use reasonable endeavours to satisfy the requirements of the debt providers in
respect of such financing or re-financing. In particular, the Contractor undertakes
to enter into a direct agreement with the debt providers and the Employers in the
form customarily used at the time for the relevant type of financings.

37.7.3 Without prejudice to Clauses 37.7.1 and 37.7.2, if the Employers choose at their
cost, to execute and file all necessary documentation to procure export credit
agency funding in connection with the Contract;

the Contractor shall provide all advice, information, assistance and


documentation as reasonably necessary to enable the Employers to
submit all necessary documentation to procure such export credit
funding; and

the Parties shall use all commercially reasonable endeavours to take


such action (including submission of any necessary applications) as may
be necessary to enable the Employers to procure such export credit
agency funding; and

the Parties agree that the obligations contained herein are independent
of any and all obligations arising under this Contract; and

the Contract shall continue with full effect even if the Employers are
unsuccessful in procuring export credit agency funding in connection with
the Contract.

38. AUDITS

The Employers shall at all reasonable times have access to the Contractor’s and all
Subcontractor’s information, records and documents of whatever nature pertaining
associated with the Contract for the purposes of auditing and verifying the cost of the Goods
(and all parts thereof). The Employers shall have the right to reproduce any of the aforesaid
information, records and documents. The Contractor and all Subcontractors shall keep

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records associated with the Contract for a period of twelve (12) years after the issue of the
last Delivery Certificate.

39. LIABILITY OF THE CONTRACTOR

39.1 The Contractor shall indemnify and keep indemnified and hold the Employers (and their
servants and agents and contractors) harmless against all losses, liabilities, claims,
demands, costs (including legal costs together with the costs of and occasioned by legal or
other proceedings and management time) and/or expenses, fines, penalties and/or charges
(including those imposed by statute or otherwise imposed), arising out of or in connection
with:

39.1.1 death or personal injury to any person whether located on the Site or otherwise
which occurs during the performance of the Contract;

39.1.2 loss of or any damage to the property of the Employer, Employers' Personnel or
any Related Works Contractors arising from the performance of the Contractor's
obligations under the Contract;

39.1.3 a breach by the Contractor of any Law in the course of, or caused by, the
performance of the Contract;

39.1.4 any actual or alleged infringement of any Intellectual Property Rights caused by
the performance of the Supply of the Goods or the use of any process, work,
material, matter, thing or method used or designed or specified for use and/or
supplied by the Contractor;

39.1.5 any compliance or non-compliance (as the case may be) with any labour and/or
Tax related obligations as set out in the Contract and/or in any applicable Laws,

39.1.6 any breach of the terms of the confidentiality agreement which the Contractor must
enter into and comply with in relation to the Project; and

39.1.7 any breach of the provisions of Clause 30 [Confidentiality] or Clause 37 [Anti-


Bribery, Corruption and Conflicts of Interest],

each to the extent that the loss, damage, death or injury, breach or infringement is caused
by or due to any negligence (including gross negligence), breach of statutory duty, omission,
act or default or non-compliance with the terms of the Contract by the Contractor or any
Contractor's Personnel.

39.2 The total cumulative liability of the Contractor with respect to all claims, losses, damages,
guarantees, warranties, indemnities and obligations, whether express or implied, arising out
of the performance or non-performance of obligations in connection with the Contract,
whether based on contract, tort (including negligence), strict liability or otherwise shall not
exceed an amount equal to one hundred percent (100%) of the Contract Value provided that
the limit of liability shall not apply to, and the Contractor remains fully liable for its liability for
any matter that cannot by law be limited or excluded, under Clauses 17 [Delay Damages],
20 [Defects Liability], 30 [Confidentiality], 37 [Anti-Bribery, Corruption and Conflicts of
Interest], amounts the Contractor received from insurance in relation to the Contract and any
incidence of gross negligence or wilful misconduct. For the avoidance of doubt, the value of
the Advance Payment paid under Clause 23.3 [Advance Payment] shall not be included for
the purposes of calculating the Contractor's limit of liability under this Clause 39.2 [Liability
of the Contractor].

39.3 Save for any damages arising under Clause 17 [Delay Damages], any matter that cannot by
law be limited or excluded and as otherwise specified in this Clause 39.3, no Party (nor its
Affiliates, Subcontractors and employees) shall be liable to any other Party (and its Affiliates,
Subcontractors and employees), whether in contract, indemnity, tort (including negligence
and strict liability), under warranty or otherwise, for any loss of use, loss of revenues, loss of

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profit or capital or financing costs, replacement power, personnel costs or for any special,
indirect, incidental or consequential loss or damage and each Party (and its Affiliates)
hereby releases the other Parties (and their respective Affiliates) from any such liability.

40. LIABILITY OF THE EMPLOYERS

Other than any matter that cannot by law be limited or excluded, the total cumulative liability
of the Employers with respect to all claims, losses, damages, guarantees, warranties,
indemnities and obligations, whether express or implied, arising out of the performance or
non-performance of obligations in connection with the Contract, whether based on contract,
tort (including negligence), strict liability or otherwise, shall not exceed an amount equal to
one hundred percent (100%) of the Contract Value.

41. LIABILITY OF THE GOVERNMENT OF [●]

NOTE – CLAUSE TO BE USED WHERE CONTRACTING PARTY IS CONTROLLED AND/OR


OWNED BY THE STATE.

41.1 It is expressly understood and agreed by the Parties that:

41.1.1 the Contractor enters into the Contract solely on its own behalf and not on behalf
of any person or entity;

41.1.2 the Government of [●] is not a party to the Contract and will have no liability,
obligation or right whatsoever hereunder;

41.1.3 the Contractor is an independent legal entity with power and authority to enter into
contracts solely on its own behalf under the applicable laws of [●];

41.1.4 the Contractor is not an agent, representative or delegate of the Government of


[●];

41.1.5 the Government of [●] is not and shall not be liable for any act, omission,
commission, breach or other wrong arising out of the Contract; and

41.1.6 to the extent the Contractor may in any jurisdiction or before any judicial, quasi-
judicial or arbitral body be entitled to claim for itself, its assets, its revenues or its
property immunity from suit, jurisdiction, enforcement, execution, attachment or
any other legal process in relation to the Contract, the Contractor hereby agrees
irrevocably not to claim and hereby irrevocably waives such immunity to the fullest
extent permitted by the Laws of any applicable jurisdiction. This waiver includes
immunity from:

any expert determination, or arbitration proceedings commenced


pursuant to the Contract; and

any judicial, administration or other proceedings to aid the expert


determination, or arbitration commenced pursuant to the Contract; and

any effort to confirm, enforce or execute any decision, settlement, award,


judgment, service of process, execution order or attachment (including
pre-judgment attachment) that results from an expert determination,
mediation, arbitration or any judicial or administrative process of the
Contract.

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ANNEXES

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ANNEX 1

CONTRACT PARTICULARS

1.
General Contractor's name and [To be inserted as per the Articles]
address
2. General Contractor's [Contractor to provide details]
Representative name and
Email address: [Contractor to provide
address for notices and
details]
communications
3. General Employers' Mr DVG Edwin
Representative's name
Union Marble House, 1 Alfred Rewane
and address for notices
Road, Ikoyi, Lagos Nigeria
and any communications
to be issued to the Email address:
Employers' dvgedwin@dangoteprojects.com
Representative in
accordance with the
Contract
4. Clause 32 Recipients of Notices and Notices/communications on all matters
all communications from other than technical matters to:
the Contractor
o Mr Choudhary at [insert business
and email address for Mr
Choudhary]

o Mr Palsule at [insert business and


email address for Mr Palsule]

Notices/communications on technical
matters to:

o [insert details for Mr Shukla for


contract package relating to ISBL]

o [insert details for Mr Jha for


contract package relating to
OSBL]

o [insert details for Mr Reims for


contract package relating to
construction]

o copied to:

o Mr Choudhary at [insert
business and email
address for Mr
Choudhary]

o Mr Palsule at [insert
business and email
address for Mr Palsule]

Notices/communications required under

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Clauses 19.3.3, 19.3.4 and/or 19.3.7 to:

o Mr Sadik Alimohamed at Bulk


Commodities International
DMCC, P.O.Box 214569, AG
(Silver) Tower, Level 8, Jumeirah
Lakes Towers, Dubai, UAE,
alimohamed@bulk-
commodities.com;

o copied to: Mr Choudhary at [insert


business and email address for
Mr Choudhary] and Mr Palsule at
[insert business and email
address for Mr Palsule]

5. General Project Manager's name [insert contact name]


and address for notices
Engineers India Limited
and communications
1 Bhikaji Cama Place, R K Puram, New
Delhi – 110066, India
Email address: [insert email address]
6. Clause 1.1 Commencement Date [insert Commencement Date of Contract]
"Commencement
Date"
7. Clause 1.1 "Term" Term [insert in months and years the duration of
the agreement]
8. Clause 3.1 Value of Performance [insert amount in words and figures if
[Performance Bank Bank Guarantee different to that set out in Clause 3.1]
Guarantee]
9. Clause 23.3.1 Value of Advance [insert amount in words and figures in US
[Advance Payment] & Payment and Advance Dollars]
Clause 3.2 [Advance Payment Bank Guarantee
Payment Bank
Guarantee]
10. Clause 3.3 [Warranty Value of Warranty Bank [insert amount in words and figures if
Bank Guarantee] Guarantee different to that set out in Clause 3.1]
11. Clause 4 Delivery Location [insert location(s) for Delivery of the
[Contractor’s General Goods]
Obligations]
12. Clause 4 Times for Delivery [insert each date which is a Time for
[Contractor’s General Delivery of the Goods (including the
Obligations] Contractor's Documents) or any part
thereof]
13. Clause 4 [Review of Review of Others' Design [insert the time period in which Contractor
Others' Design] must review the designs of others]
14. Clause 5 Permitted Subcontractors [insert corporate details of approved
[Subcontractors] subcontractors as at contract date]
15. Clause 9 [Third Party Third Party Inspection [insert details]
Inspection] Agency
16. Clause 10.6 [Testing] Costs for tests [insert details if different to clause]

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17. Clause 14 Compliance with [insert details if different to clause]


[Programme] Programme
18. Clause 17 [Delay Delay Damages [one percent (%) of the Contract Value
Damages] per Week (or part thereof) with a cap of
10% of the Contract Value]
19. Clause 11 Incoterm applicable [insert basis of Delivery from Incoterms
[Ownership of e.g. FCA, CPT, CIP etc ]
Goods] & Clause 20
[Delivery]
20. Clause 20 [Defects DLP Expiry Date [period to be inserted if it is longer than 2
Liability] years from delivery]
21. Clause 21 [Extension Extension to DLP Expiry [insert maximum period for any extension
of Defects Liability Date to DLP Expiry Date]
Period]
22. Clause 23.2 Contract Value [insert details if different to clause]
[Contract Value]
23. Clause 23.13 [Taxes] Taxes [insert responsibility for Taxes if different
to clause 23.13 e.g. where supplier is ex-
Nigeria and the Employer will be paying
for Nigerian taxes]
24. Clause 23.1 Currency [If the currency is not US Dollars, please
[Currency] insert applicable currency]
25. Clause 24 [The Estimated Contract Value [insert amount in words and figures. This
Contract Value] and amount should be specified in US Dollars]
Annex 4 [Purchase
Price]
26. Clause 23.62 Contractor Bank Account [details to be inserted]
[Payment]
27. Clause 27 Contractor Insurances  Insurances required by Law
[Insurance]  Transport Insurance covering loss of
or damage to the Goods occurring
whilst in transit including storage
coverage with a storage period not
longer than [ ] days during transit
from the Contractor until arrival at
delivery point agreed in the Contract
in accordance with the Incoterms
(2010).
28. Clause 27 Employer Insurances  Marine insurance and erection-all-risk
[Insurance] (EAR) insurance for the benefit of all
contractors and subcontractors of
each and every tier engaged in the
Project.
 Public Liability insurance with an
indemnity level of a level appropriate
for the Project.
29. Clause 34 [Dispute Dispute Panel [insert details of Director of either of the
Notice and Dispute Employers and the Director of the
Panel] Contractor who shall resolve disputes]

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

ANNEX 2

EMPLOYER'S REQUIREMENTS

PART 1

SCOPE OF THE SUPPLY OF THE GOODS

[EIL, with the Employer’s approval, to insert per each contract package]

PART 2

TESTING

[EIL, with the Employer’s approval, to insert per each contract package]

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

ANNEX 3

FORMS OF SECURITY

PART 1

FORM OF ADVANCE PAYMENT BANK GUARANTEE

Advance Payment Bank Guarantee no. [●]

(1) DANGOTE OIL REFINING COMPANY LIMITED a company duly incorporated and
existing under the laws of the Federal Republic of Nigeria with RC No: 679062 and having
its registered office at Union Marble House, 1 Alfred Rewane Road, Ikoyi, Lagos Nigeria;
and

(2) DANGOTE PETROLEUM REFINERY AND PETROCHEMICALS FREE ZONE


ENTERPRISE a company duly incorporated and existing under the laws of the Federal
Republic of Nigeria with RC No: NEPZA FORM RCI/0660 and having its registered office at
Lekki Free Trade Zone (LFTZ), Lekki Coastal Road, Ibeju-Lekki, Lagos State, Nigeria

(together hereinafter called the "Client” which expression shall include their respective
successors and permitted assigns) of the one part;

and

(3) [ ] (hereinafter called the "Surety”) of the other part

Whereas

(A) By a contract dated [insert date] (the “Contract”) entered into between the Client and
[Contractor Name] a company duly incorporated and existing under the laws of [ ] (the
“Contractor”), the Contractor has been engaged to provide certain goods and equipment as
part of the development of a petroleum refinery and polypropylene plant in Lekki Free Trade
Zone, Nigeria (the "Project").

(B) Under the terms of the Contract, the Client has agreed to pay to the Contractor certain sums
in advance of performance totalling [insert amount in words and figures] (the "Advance
Payment") on the condition that the Contractor procure and maintain in force an advance
payment bank guarantee in the Client's favour in the amount of the Advance Payment in the
agreed form from a bank acceptable to the Client.

(C) The Surety has agreed to provide an advance payment bank guarantee (the "Bank
Guarantee") in the manner hereinafter appearing in discharge of the Contractor’s obligation
under the Contract to provide such bank guarantee.

(D) This Bank Guarantee shall become effective upon receipt by the Contractor of the Advance
Payment.

It is hereby agreed by and between the parties as follows:

In consideration of the Client accepting the Surety's obligations herein contained in discharge of the
Contractor’s obligation to provide such bank guarantee, the Surety hereby irrevocably and
unconditionally agrees to make payment to the Client of any amount up to or equal to the Maximum
Sum (as hereinafter defined) at any time and from time to time and accordingly covenants with the
Client and agrees as follows.

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1. In this Bank Guarantee, "Business Day" shall mean any day (other than a Saturday or
Sunday) when banks are open for the transaction of business in [Nigeria].

2. Subject to Article 8 below, the Maximum Sum payable under this Bank Guarantee shall be
[insert amount in words and figures].

3. The Maximum Sum shall be reduced in accordance with Article 8 below.

4. Upon receipt of a written demand made by the Client upon the Surety in the form specified
in the Appendix to this Bank Guarantee (a “Demand”) from time to time or at any time,
including for the avoidance of doubt where the Contractor has failed to procure a
replacement therefor in terms of Clause 3.2.3 of the Contract (Advance Payment Bank
Guarantee), and:-

4.1 without the Surety being entitled or obliged to make any enquiry of the Client, the
Contractor or any other party; and

4.2 without the need for the Client to take any legal action against or to obtain the
consent of the Contractor; and

4.3 notwithstanding any objection by the Contractor or any third party; and

4.4 without any proof or conditions (save as required herein); and

4.5 without any right of set-off or counterclaim;

the Surety shall forthwith pay to the Client the amount or amounts specified in
such Demand, not exceeding in aggregate the Maximum Sum. The Client may
make as many separate Demands hereunder as it thinks fit.

5. Any Demand referred to in Article 4 shall be deemed to be sufficiently served on the Surety
if delivered to it at the address and in the manner set out in Article 11.

6. Subject to Articles 4 and 5 above, the Surety shall within five (5) Business Days of service
upon the Surety of a Demand pay to the Client the sum so demanded to the account set out
in the Demand. Without prejudice to any other rights of the Client, if the Client does not
receive payment of any monies due to it pursuant to and in accordance with this Bank
Guarantee the Client shall be entitled to receive interest on the amount unpaid during the
period of delay. Such interest shall be calculated at the annual rate of one percent (1%)
above LIBOR prevailing during the period of delay. For the purposes of this Article 6 LIBOR
means the three month London inter-bank offered rate for the Dollar as quoted in the
London Financial Times.

7. Subject to Articles 4 and 5 above, the Client's Demand shall be conclusive evidence (and
admissible as such) of the Surety's liability to pay the Client and of the amount which the
Surety is liable to pay the Client. The Surety's obligation to make payment under this Bank
Guarantee shall be a primary, independent and absolute obligation and it shall not be
entitled to delay or withhold payment for any reason. The Surety's obligations hereunder
shall not be affected by any act, omission, matter or thing which but for this provision might
operate to release or otherwise exonerate it from its obligations hereunder in whole or in
part, including without limitation and whether or not known to it or the Client:

7.1 any time or waiver granted to the Contractor;

7.2 the taking, variation, compromise, renewal or release of or refusal or neglect to


perfect or enforce any rights, remedies or securities against the Contractor or
under any other bank guarantee relating to the Contract;

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7.3 any legal limitation, disability or incapacity relating to the Contractor;

7.4 any variation of or amendment to the Contract, or any other document or security
so that references to the Contract in this Bank Guarantee shall include each such
variation and amendment;

7.5 any unenforceability, invalidity or frustration of any obligation of the Contractor or


any other person under the Contract or any other document or security;

7.6 waiver by the Client of any of the terms, provisions, conditions, obligations and
agreements of the Contractor or any failure to make demand upon or to take
action against the Contractor;

7.7 any event of insolvency whether listed in the Contract or otherwise which might
occur in relation to the Contractor; and

7.8 any other fact, circumstance, provision of statute or rule of law which might, were
the Surety's liability to be secondary rather than primary, entitle it to be released in
whole or in part from its undertaking.

8. Save in respect of any unsatisfied Demand served hereunder prior to such date, following
the delivery by the Contractor to the Surety of a certified copy of a Payment Statement
issued by the Client pursuant to Clause 23 of the Contract in accordance with the terms of
the Contract ("Payment Statement"), the Maximum Sum shall automatically reduce by the
amount indicated in the Payment Statement as deducted towards the Advance Payment.

9. This Bank Guarantee shall expire upon the earlier of:-

9.1 the date upon which the Maximum Sum hereunder is reduced to nil pursuant to
Article 8 above;

9.2 the date upon which the Maximum Sum has been paid by the Surety to the Client
hereunder; or

9.3 the date of service upon the Surety by the Client of a certified copy of the last
Delivery Certificate (as defined in the Contract) issued pursuant to the Contract,

(the "Expiry Date") following which this Bank Guarantee shall be returned to the Surety for
cancellation but in any case after any expiry under this Article 9 this Bank Guarantee shall,
save in respect of a Demand made on or before the Expiry Date, become null and void
whether returned or not.

10. The benefit of this Bank Guarantee and all rights and powers hereunder may be assigned in
full by the Client to any person to whom the benefit of the Contract is assigned but may not
otherwise be assigned without the Surety's prior written consent, such consent not to be
unreasonably withheld or delayed.

11. Notices

11.1 All Demands, notices or other communications in relation to this Bank Guarantee
shall be given in writing and signed by one of the directors of either party
comprising the Client which is authorised to do so and must be delivered by hand
or by courier at the corresponding address below or such other address as a party
may notify to the other in writing by not less than five (5) Business Days prior
notice.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

If to the Client:

[insert contact details]

If to the Surety:

[insert name and address of bank] marked for the attention of [insert contact
details]

11.2 Any such Demand, notice or communication shall be deemed to have been duly
served when delivered to the proper address for service provided that if the time of
such delivery is either after 5pm on a Business Day or on a day other than a
Business Day, service shall be deemed to have occurred instead at 9am on the
next following Business Day.

12. This Bank Guarantee (and any non-contractual obligation arising out of or in connection with
it) shall be governed by and construed in accordance with the laws of England and the
Surety hereby agrees to submit to the exclusive jurisdiction of the English courts over any
claim arising out of this Bank Guarantee (or any non-contractual obligation arising out of or
in connection with it).

13. Nothing in this Bank Guarantee confers or purports to confer on any third party any benefit
or any right to enforce any term of this Bank Guarantee which that third party would not
have had but for the Contracts (Rights of Third Parties) Act 1999.

14. The Surety hereby unconditionally and irrevocably consents to, and waives any right of
objection against, the service upon it, outside of the jurisdiction of the English courts, of any
legal proceedings commenced by the Client in relation to this Bank Guarantee.

EXECUTED as a DEED by )
[Surety] )
and signed by a person or persons ) .........................................................................................
who in accordance with the laws ) Director/Authorised Signatory
of [ ] is or are acting under )
the authority (express or implied) of )
[Surety] )
in the presence of(Name and Address ) .........................................................................................
of the Witness):

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

APPENDIX

FORM OF DEMAND

To: [Insert Surety's name and address for service]

Dear Sirs

CONTRACT FOR THE PROVISION OF GOODS RELATING TO THE DEVELOPMENT OF A


PETROLEUM REFINERY AND POLYPROPYLENE PLANT IN LEKKI FREE TRADE ZONE,
NIGERIA (THE “CONTRACT”)

BOND NO. [ ] (THE “ADVANCE PAYMENT BANK GUARANTEE”)

We refer to the above Contract and Advance Payment Bank Guarantee.

We hereby certify that in accordance with the terms of the Advance Payment Bank Guarantee we
require payment by you of the sum of [insert and sum demanded in words and figures].

*We confirm that the Contractor has failed to replace the Advance Payment Bank Guarantee as
required.

Payment shall be made by telegraphic transfer to the following bank account:

Bank:
Account Number:
Sort Code:

Yours faithfully

………………………………………
Director
For and on behalf of [DORC]

………………………………………
Director
For and on behalf of [DPRP]

Dated: …………………………

*delete if not relevant

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

PART 2

FORM OF PERFORMANCE BANK GUARANTEE

Performance Bond No:

(1) DANGOTE OIL REFINING COMPANY LIMITED a company duly incorporated and
existing under the laws of the Federal Republic of Nigeria with RC No: 679062 and having
its registered office at Union Marble House, 1 Alfred Rewane Road, Ikoyi, Lagos Nigeria
(hereinafter called the "Client” which expression shall include its successors and permitted
assigns) of the one part;

(2) DANGOTE PETROLEUM REFINERY AND PETROCHEMICALS FREE ZONE


ENTERPRISE a company duly incorporated and existing under the laws of the Federal
Republic of Nigeria with RC No: NEPZA FORM RCI/0660 and having its registered office at
Lekki Free Trade Zone (LFTZ), Lekki Coastal Road, Ibeju-Lekki, Lagos State, Nigeria

(together hereinafter called the "Client” which expression shall include their respective
successors and permitted assigns)

and

(3) [ ] (hereinafter called the "Surety”) of the other part

Whereas

(A) By a contract dated [insert date] (the “Contract”) entered into between the Client and
[Contractor] a company duly incorporated and existing under the laws of [ ] (the
“Contractor”), the Contractor has been engaged to provide certain goods and equipment
(the "Services") as part of the development of a petroleum refinery and polypropylene
complex in Lekki Free Trade Zone, Nigeria (the "Project").

(B) Under the terms of the Contract, the Contractor has agreed to procure and maintain in force
a performance bank guarantee in the Client's favour in the agreed form from a bank
acceptable to the Client.

(C) The Surety has agreed to provide a performance bank guarantee (the "Bank Guarantee") in
the manner hereinafter appearing in discharge of the Contractor’s obligation to provide such
bank guarantee.

(D) This Bank Guarantee shall be effective upon its execution and delivery by the Surety.

It is hereby agreed by and between the parties as follows:

In consideration of the Client accepting the Surety's obligations herein contained in discharge of the
Contractor’s obligation to provide the Bank Guarantee, the Surety hereby irrevocably and
unconditionally agrees to make payment to the Client of any amount up to or equal to the Maximum
Sum (as hereinafter defined) and accordingly covenants with the Surety and agrees as follows.

1. In this Bank Guarantee, "Business Day" shall mean any day (other than a Saturday or
Sunday) when banks are open for the transaction of business in [Nigeria].

2. The Maximum Sum as defined herein shall be the sum of [insert amount in words and
figures] paid by the Surety to the Client in accordance with Article 5 below.

3. Upon receipt of a written demand made by the Client upon the Surety in the form specified
in the Appendix to this Bank Guarantee (a “Demand”) from time to time or at any time,
including for the avoidance of doubt where the Contractor has failed to procure a
replacement guarantee therefore in terms of Clause 3.1.4 of the Contract, and:-

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

3.1 without the Surety being entitled or obliged to make any enquiry of the Client, the
Contractor or any other party; and

3.2 without the need for the Client to take any legal action against or to obtain the
consent of the Contractor; and

3.3 notwithstanding any objection by the Contractor or any third party; and

3.4 without any proof or conditions (save as required herein); and

3.5 without any right of set-off or counterclaim;

the Surety shall forthwith pay to the Client the amount or amounts specified in such
Demand, not exceeding in aggregate the Maximum Sum. The Client may make as many
separate Demands hereunder as its think fit.

4. Any Demand referred to in Article 3 shall be deemed to be sufficiently served on the Surety
if delivered to it at the address and in the manner set out in Article 9.

5. Subject to Articles 3 and 4 above, the Surety shall within five (5) Business Days of service
upon the Surety of a Demand pay to the Client the sum so demanded to the account set out
in the Demand. Without prejudice to any other rights of the Client, if the Client does not
receive payment of any monies due to it pursuant to and in accordance with this Bank
Guarantee the Client shall be entitled to receive interest on the amount unpaid during the
period of delay. Such interest shall be calculated at the annual rate of one percent (1%)
above LIBOR prevailing during the period of delay. For the purposes of this Article 5 LIBOR
means the three month London inter-bank offered rate for the Dollar as quoted in the
London Financial Times.

6. Subject to Articles 3 and 4 above, the Client's Demand shall be conclusive evidence (and
admissible as such) of the Surety's liability to pay the Client and of the amount which the
Surety is liable to pay the Client. The Surety's obligation to make payment under this Bank
Guarantee shall be a primary, independent and absolute obligation and it shall not be
entitled to delay or withhold payment for any reason. The Surety's obligations hereunder
shall not be affected by any act, omission, matter or thing which but for this provision might
operate to release or otherwise exonerate the Surety from its obligations hereunder in whole
or in part, including without limitation and whether or not known to it or the Client:-

6.1 any time or waiver granted to the Contractor;

6.2 the taking, variation, compromise, renewal or release of or refusal or neglect to


perfect or enforce any rights, remedies or securities against the Contractor or
under any other bank guarantee relating to the Contract;

6.3 any legal limitation, disability or incapacity relating to the Contractor;

6.4 any variation of or amendment to the Contract, or any other document or security
so that references to the Contract in this Bank Guarantee shall include each such
variation and amendment;

6.5 any unenforceability, invalidity or frustration of any obligation of the Contractor or


any other person under the Contract or any other document or security;

6.6 waiver by the Client of any of the terms, provisions, conditions, obligations and
agreements of the Contractor or any failure to make demand upon or to take
action against the Contractor;

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6.7 any event of insolvency whether expressly referred to in the Contract or otherwise
which might occur in relation to the Contractor; and

6.8 any other fact, circumstance, provision of statute or rule of law which might, were
the Surety's liability to be secondary rather than primary, entitle it to be released in
whole or in part from its undertaking.

7. This Bank Guarantee shall expire upon the earlier of:

7.1 the date of service upon the Surety by the Client of a certified copy of the last Delivery
Certificate (as defined in the Contract) issued pursuant to the Contract; or

7.2 the date upon which the Maximum Sum has been paid by the Surety to the Client
hereunder,

(the "Expiry Date") following which this Bank Guarantee shall be returned to the Surety for
cancellation but in any case after any expiry under this Article 7 this Bank Guarantee shall,
save in respect of a Demand made on or before the Expiry Date, become null and void
whether returned or not.

8. The benefit of this Bank Guarantee and all rights and powers hereunder may be assigned in
full by the Client to any person to whom the benefit of the Contract is assigned but may not
otherwise be assigned without the Surety's prior written consent, such consent not to be
unreasonably withheld or delayed.

9. Notices

9.1 All Demands, notices or other communications in relation to this Bank Guarantee shall be
given in writing and signed by one of the directors of either party comprised in the Client
authorised to do so and must be delivered by hand or by courier at the corresponding
address below or such other address as a party may notify to the other in writing by not less
than five (5) Business Days prior notice.

If to the Client:

[insert contact details]

If to the Surety:

[insert name and address of bank] marked for the attention of [insert contact details]

9.2 Any such Demand, notice or communication shall be deemed to have been duly served
when delivered to the proper address for service provided that if the time of such delivery is
either after 5pm on a Business Day or on a day other than a Business Day, service shall be
deemed to have occurred instead at 9am on the next following Business Day.

10. This Bank Guarantee (and any non-contractual obligation arising out of or in connection with
it) shall be governed by and construed in accordance with the laws of England and the
Surety hereby agrees to submit to the exclusive jurisdiction of the English courts over any
claim arising out of this Bank Guarantee (or any non-contractual obligation arising out of or
in connection with it).

11. Nothing in this Bank Guarantee confers or purports to confer on any third party any benefit
or any right to enforce any term of this Bank Guarantee which that third party would not
have had but for the Contracts (Rights of Third Parties) Act 1999.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

12. The Surety hereby unconditionally and irrevocably consents to, and waives any right of
objection against, the service upon it, outside of the jurisdiction of the English courts, of any
legal proceedings commenced by the Client in relation to this Bank Guarantee.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

EXECUTED as a deed by )
[Surety] )
and signed by a person or persons ) .........................................................................................
who in accordance with the laws ) Director/Authorised Signatory
of [ ] is or are acting under )
the authority (express or implied) of )
[Surety] )
in the presence of(Name and Address ) .........................................................................................
of the Witness):

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

APPENDIX

FORM OF DEMAND

To: [Insert Surety's name and address for service]

Dear Sirs

CONTRACT FOR PROVISION OF GOODS AND/OR EQUIPMENT FOR THE DEVELOPMENT OF


A PETROLEUM REFINERY AND POLYPROPYLENE PLANT IN LEKKI FREE TRADE ZONE,
NIGERIA (THE “CONTRACT”)

BOND NO. [ ] (THE “PERFORMANCE BANK GUARANTEE”)

We refer to the above Contract and Performance Bank Guarantee.

We hereby certify that in accordance with the terms of the Performance Bank Guarantee we require
payment by you of the sum of [insert and sum demanded in words and figures].

Payment shall be made by telegraphic transfer to the following bank account:

Bank:
Account Number:
Sort Code:

Yours faithfully

………………………………………
Director
For and on behalf of [DORC]

………………………………………
Director
For and on behalf of [DPRP]

Dated: …………………………

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

PART 3

FORM OF WARRANTY BANK GUARANTEE

Warranty Bank Guarantee No:

(1) DANGOTE OIL REFINING COMPANY LIMITED a company duly incorporated and
existing under the laws of the Federal Republic of Nigeria with RC No: 679062 and having
its registered office at Union Marble House, 1 Alfred Rewane Road, Ikoyi, Lagos Nigeria;

(2) DANGOTE PETROLEUM REFINERY AND PETROCHEMICALS FREE ZONE


ENTERPRISE a company duly incorporated and existing under the laws of the Federal
Republic of Nigeria with RC No: NEPZA FORM RCI/0660 and having its registered office at
Lekki Free Trade Zone (LFTZ), Lekki Coastal Road Ibeju-Lekki, Lagos State, Nigeria

(together hereinafter called the "Client” which expression shall include their respective
successors and permitted assigns) of the one part

and

(3) [ ] (hereinafter called the "Surety”) of the other part

Whereas

(A) By a contract dated [insert date] (the “Contract”) entered into between the Client and
[Contractor] a company duly incorporated and existing under the laws of [ ] (the
“Contractor”), the Contractor has been engaged to provide certain goods and/or equipment
(the "Services") as part of the development of a petroleum refinery and polypropylene
complex in Lekki Free Trade Zone, Nigeria (the "Project").

(B) Under the terms of the Contract, the Contractor has agreed to procure and maintain in force
a warranty bank guarantee in the Client's favour in the agreed form from a bank acceptable
to the Client.

(C) The Surety has agreed to provide a warranty bank guarantee (the "Bank Guarantee") in the
manner hereinafter appearing in discharge of the Contractor’s obligation to provide such
bank guarantee.

(D) This Bank Guarantee shall be effective upon its execution and delivery by the Surety.

It is hereby agreed by and between the parties as follows:

In consideration of the Client accepting the Surety's obligations herein contained in discharge of the
Contractor’s obligation to provide the Bank Guarantee, the Surety hereby irrevocably and
unconditionally agrees to make payment to the Client of any amount up to or equal to the Maximum
Sum (as hereinafter defined) and accordingly covenants with the Surety and agrees as follows.

1. In this Bank Guarantee, "Business Day" shall mean any day (other than a Saturday or
Sunday) when banks are open for the transaction of business in [Nigeria].

2. The Maximum Sum as defined herein shall be the sum of [insert amount in words and
figures] paid by the Surety to the Client in accordance with Article 5 below.

3. Upon receipt of a written demand made by the Client upon the Surety in the form specified
in the Appendix to this Bank Guarantee (a “Demand”) from time to time or at any time
including for the avoidance of doubt where the Contractor has failed to procure a
replacement guarantee therefore in terms of Clause 3.3.3 of the Contract, and, and:-

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

3.1 without the Surety being entitled or obliged to make any enquiry of the Client, the
Contractor or any other party; and

3.2 without the need for the Client to take any legal action against or to obtain the
consent of the Contractor; and

3.3 notwithstanding any objection by the Contractor or any third party; and

3.4 without any proof or conditions (save as required herein); and

3.5 without any right of set-off or counterclaim;

the Surety shall forthwith pay to the Client the amount or amounts specified in such
Demand, not exceeding in aggregate the Maximum Sum. The Client may make as many
separate Demands hereunder as its think fit.

4. Any Demand referred to in Article 3 shall be deemed to be sufficiently served on the Surety
if delivered to it at the address and in the manner set out in Article 9.

5. Subject to Articles 3 and 4 above, the Surety shall within five (5) Business Days of service
upon the Surety of a Demand pay to the Client the sum so demanded to the account set out
in the Demand. Without prejudice to any other rights of the Client, if the Client does not
receive payment of any monies due to it pursuant to and in accordance with this Bank
Guarantee the Client shall be entitled to receive interest on the amount unpaid during the
period of delay. Such interest shall be calculated at the annual rate of one percent (1%)
above LIBOR prevailing during the period of delay. For the purposes of this Article 5 LIBOR
means the three month London inter-bank offered rate for the Dollar as quoted in the
London Financial Times.

6. Subject to Articles 3 and 4 above, the Client's Demand shall be conclusive evidence (and
admissible as such) of the Surety's liability to pay the Client and of the amount which the
Surety is liable to pay the Client. The Surety's obligation to make payment under this Bank
Guarantee shall be a primary, independent and absolute obligation and it shall not be
entitled to delay or withhold payment for any reason. The Surety's obligations hereunder
shall not be affected by any act, omission, matter or thing which but for this provision might
operate to release or otherwise exonerate the Surety from its obligations hereunder in whole
or in part, including without limitation and whether or not known to it or the Client:-

6.1 any time or waiver granted to the Contractor;

6.2 the taking, variation, compromise, renewal or release of or refusal or neglect to


perfect or enforce any rights, remedies or securities against the Contractor or
under any other bank guarantee relating to the Contract;

6.3 any legal limitation, disability or incapacity relating to the Contractor;

6.4 any variation of or amendment to the Contract, or any other document or security
so that references to the Contract in this Bank Guarantee shall include each such
variation and amendment;

6.5 any unenforceability, invalidity or frustration of any obligation of the Contractor or


any other person under the Contract or any other document or security;

6.6 waiver by the Client of any of the terms, provisions, conditions, obligations and
agreements of the Contractor or any failure to make demand upon or to take
action against the Contractor;

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

6.7 any event of insolvency whether expressly referred to in the Contract or otherwise
which might occur in relation to the Contractor; and

6.8 any other fact, circumstance, provision of statute or rule of law which might, were
the Surety's liability to be secondary rather than primary, entitle it to be released in
whole or in part from its undertaking.

7. This Bank Guarantee shall expire upon the earlier of:

7.1 the service upon the Surety by the Client of a certified copy of the Final
Acceptance Certificate (as defined in the Contract) issued pursuant to the
Contract; or

7.2 the date upon which the Maximum Sum has been paid by the Surety to the Client
hereunder,

(the "Expiry Date") following which this Bank Guarantee shall be returned to the Surety for
cancellation but in any case after any expiry under this Article 7 this Bank Guarantee shall,
save in respect of a Demand made on or before the Expiry Date, become null and void
whether returned or not.

8. The benefit of this Bank Guarantee and all rights and powers hereunder may be assigned in
full by the Client to any person to whom the benefit of the Contract is assigned but may not
otherwise be assigned without the Surety's prior written consent, such consent not to be
unreasonably withheld or delayed.

9. Notices

9.1 All Demands, notices or other communications in relation to this Bank Guarantee shall be
given in writing and signed by one of the directors of either party comprised in the Client
which is authorised to do so and must be delivered by hand or by courier at the
corresponding address below or such other address as a party may notify to the other in
writing by not less than five (5) Business Days prior notice.

If to the Client:

[insert contact details]

If to the Surety:

[insert name and address of bank] marked for the attention of [insert contact details]

9.2 Any such Demand, notice or communication shall be deemed to have been duly served
when delivered to the proper address for service provided that if the time of such delivery is
either after 5pm on a Business Day or on a day other than a Business Day, service shall be
deemed to have occurred instead at 9am on the next following Business Day.

10. This Bank Guarantee (and any non-contractual obligation arising out of or in connection with
it) shall be governed by and construed in accordance with the laws of England and the
Surety hereby agrees to submit to the exclusive jurisdiction of the English courts over any
claim arising out of this Bank Guarantee (or any non-contractual obligation arising out of or
in connection with it).

11. Nothing in this Bank Guarantee confers or purports to confer on any third party any benefit
or any right to enforce any term of this Bank Guarantee which that third party would not
have had but for the Contracts (Rights of Third Parties) Act 1999.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

12. The Surety hereby unconditionally and irrevocably consents to, and waives any right of
objection against, the service upon it, outside of the jurisdiction of the English courts, of any
legal proceedings commenced by the Client in relation to this Bank Guarantee.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

EXECUTED as a deed by )
[Surety] )
and signed by a person or persons ) .........................................................................................
who in accordance with the laws ) Director/Authorised Signatory
of [ ] is or are acting under )
the authority (express or implied) of )
[Surety] )
in the presence of(Name and Address ) .........................................................................................
of the Witness):

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

APPENDIX

FORM OF DEMAND

To: [Insert Surety's name and address for service]

Dear Sirs

CONTRACT FOR PROVISION OF CERTAIN GOODS AND/OR EQUIPMENT FOR THE


DEVELOPMENT OF A PETROLEUM REFINERY AND POLYPROPYLENE PLANT IN LEKKI FREE
TRADE ZONE, NIGERIA (THE “CONTRACT”)

[ ] (THE “WARRANTY BANK GUARANTEE”)

We refer to the above Contract and Warranty Bank Guarantee.

We hereby certify that in accordance with the terms of the Warranty Bank Guarantee we require
payment by you of the sum of [insert and sum demanded in words and figures].

Payment shall be made by telegraphic transfer to the following bank account:

Bank:
Account Number:
Sort Code:

Yours faithfully

………………………………………
Director
For and on behalf of [DORC]

………………………………………
Director
For and on behalf of [DPRP]

Dated: …………………………

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

PART 4

FORM OF STANDBY LETTER OF CREDIT

[NUMBER]

[DATE]

TO [BENEFICIARY NAME]:

WE, [BANK NAME AND ADDRESS], HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER
OF CREDIT NUMBER ____________ IN FAVOR OF ……………….., LOCATED
AT………………………..(“BENEFICIARY”) AT THE REQUEST OF AND FOR THE ACCOUNT OF
.......................................................LOCATED AT......................................., ("APPLICANT")
AVAILABLE FOR A MAXIMUM AMOUNT OF UNITED STATES DOLLARS [INSERT AMOUNT IN
FIGURES AND WORDS] EFFECTIVE FROM XX YY 20YY AGAINST PRESENTATION OF:

(A) A STATEMENT OF CLAIM PURPORTEDLY ISSUED AND SIGNED BY THE BENEFICIARY


CITING THE NUMBER OF THIS STANDBY LETTER OF CREDIT AND STATING THAT THE
AMOUNT DRAWN UNDER THIS STANDBY LETTER OF CREDIT REPRESENTS AN
AMOUNT DUE TO THE BENEFICIARY FROM THE APPLICANT UNDER THE [INSERT
DETAILS OF THE CONTRACT] AND REMAINS UNPAID AT THE TIME OF DRAWING; AND

(B) A COPY OF COMMERCIAL INVOICE(S) STATED TO BE IN RESPECT OF CONTRACT


NUMBER [INSERT CONTRACT NUMBER] MARKED ‘’UNPAID BY DUE DATE FOR
PAYMENT’; AND

(C) A COPY OF A LETTER (THE "NOTIFICATION LETTER") ADDRESSED BY THE


BENEFICIARY TO THE APPLICANT AND DATED NOT LESS THAN 14 DAYS BEFORE
THE DATE OF THE DRAWING PROVIDING THE FOLLOWING OR SOMETHING
SUBSTANTIALLY SIMILAR (WITH WORDS AND AMOUNTS IN SQUARE BRACKETS
COMPLETED)

"[NAME OF PERSON]
[APPLICANT],
UNION MARBLE HOUSE,
1 ALFRED REWANE ROAD,
OKOYI,
LAGOS,
NIGERIA

[INSERT DATE]

[INSERT DETAILS OF CONTRACT] (THE "AGREEMENT")

NOTICE OF INTENDED DRAWING ON STANDBY LETTER OF CREDIT NUMBER [INSERT


NUMBER OF LETTER OF CREDIT] (THE "LETTER OF CREDIT")

WE REFER TO OUR INVOICE NUMBER [INSERT NUMBER] DATED [INSERT DATE] IN


AN AMOUNT OF USD[INSERT AMOUNT] ISSUED IN ACCORDANCE WITH CLAUSE
[INSERT CLAUSE NUMBER] OF THE AGREEMENT. THE INVOICED AMOUNT PLUS A
LATE PAYMENT CHARGE OF [INSERT AMOUNT, IF ANY] IS DUE TO US IN
ACCORDANCE WITH THE AGREEMENT AND REMAINS UNPAID.

WE HEREBY NOTIFY YOU THAT IF THE INVOICE REMAINS UNPAID 14 DAYS FROM
THE DATE OF YOUR RECEIPT OF THIS LETTER, WE INTEND TO DRAW UPON THE
LETTER OF CREDIT FOR THE INVOICED AMOUNT PLUS THE INDICATED LATE
PAYMENT CHARGE, IF ANY.

YOURS FAITHFULLY

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

[SIGNED]

FOR AND ON BEHALF OF [BENEFICIARY]", AND

(D) A STATEMENT SIGNED BY A REPRESENTATIVE OF THE BENEFICIARY THAT THE


ORIGINAL OF THE NOTIFICATION LETTER WAS PROVIDED TO THE APPLICANT BY
THE BENEFICIARY IN ACCORDANCE WITH THE CONTRACT NOT LESS THAN 14 DAYS
BEFORE THE DATE OF THE DRAWING

THIS STANDBY LETTER OF CREDIT SHALL BE MAINTAINED IN FULL FORCE AND EFFECT
UNTIL [DATE OF EXPIRATION ONE YEAR FROM EFFECTIVE DATE] (EXPIRY DATE").

THIS STANDBY LETTER OF CREDIT SHALL BE AUTOMATICALLY EXTENDED ON A YEARLY


BASIS FOR A PERIOD OF ONE YEAR AFTER THE THEN CURRENT EXPIRY DATE (WHEREBY
THE EXPIRY DATE WILL BE THE DATE ONE YEAR FROM THE PREVIOUS EXPIRY DATE AND
ALL REFERENCES HEREIN SHALL BE TO SUCH NEW DATE) UNLESS AT LEAST 60 DAYS
PRIOR TO THE THEN APPLICABLE EXPIRY DATE WE, THE ISSUING BANK, NOTIFY YOU BY
REGISTERED MAIL OR EXPRESS COURIER THAT WE WILL NOT RENEW THIS LETTER OF
CREDIT FOR THE FOLLOWING YEAR IN WHICH CASE THE EXPIRY DATE SHALL NOT BE
EXTENDED. AFTER THE OCCURRENCE OF THE EXPIRY DATE, THIS STANDBY LETTER OF
CREDIT SHALL BECOME NULL AND VOID, WHETHER THE ORIGINAL OF THIS STANDBY
LETTER OF CREDIT IS RETURNED TO US OR NOT (PROVIDED THAT OUR LIABILITY FOR ANY
AMOUNT CLAIMED UNDER THIS STANDBY LETTER OF CREDIT ON OR BEFORE THE EXPIRY
DATE SHALL NOT BE AFFECTED).

IF WE ELECT NOT TO EXTEND THIS STANDBY LETTER OF CREDIT AT LEAST 60 DAYS PRIOR
TO THEN CURRENT EXPIRY DATE AND YOU DO NOT RECEIVE A REPLACEMENT LETTER OF
CREDIT IN ACCORDANCE WITH THE CONTRACT NO LATER THAN THIRTY (30) DAYS PRIOR
TO THE EXPIRY DATE. YOU MAY MAKE A DEMAND FOR THE FULL AMOUNT OF THIS
STANDBY LETTER OF CREDIT WITHOUT ANY OTHER DOCUMENTATION PROVIDED THAT
SUCH DEMAND IS PURPORTEDLY ISSUED AND SIGNED BY THE BENEFICIARY, CITES THE
NUMBER OF THIS STANDBY LETTER OF CREDIT AND IS ACCOMPANIED BY YOUR
STATEMENT THAT THE EXPIRY DATE OF THIS STANDBY LETTER OF CREDIT IS DUE TO
OCCUR LESS THAN 30 DAYS FROM THE DATE OF YOUR DEMAND AND YOU HAVE NOT
RECEIVED A REPLACEMENT LETTER OF CREDIT IN ACCORDANCE WITH THE CONTRACT.

SPECIAL CONDITIONS:

1. PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED.

2. ALL ONSHORE BANKING CHARGES INCLUDING OPENING, AMENDING AND ADVISING


IN RESPECT OF ISSUANCE OF THIS STANDBY LETTER OF CREDIT ARE FOR
APPLICANT’S ACCOUNT WHILE ALL OFFSHORE AND OTHER CHARGES ARE FOR THE
ACCOUNT OF THE BENEFICIARY.

3. SPELLING AND TYPOGRAPHICAL ERRORS ARE NOT TO BE CONSIDERED


DISCREPANCIES, EXCEPT IN RELATION TO NUMBERS AND AMOUNTS.

4. INVOICES EXCEEDING THE TOTAL AMOUNT OF THIS STANDBY LETTER OF CREDIT


ARE ACCEPTABLE, PROVIDED THAT OUR LIABILITY SHALL NOT EXCEED THE THEN
APPLICABLE TOTAL AMOUNT PERMITTED BY THIS STANDBY LETTER OF CREDIT.

5. IT IS A CONDITION OF THIS STANDBY LETTER OF CREDIT THAT IT IS NOT


TRANSFERABLE AND NOT ASSIGNABLE WITHOUT THE PRIOR WRITTEN CONSENT
OF THE ISSUING BANK.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

6. EACH DEMAND UNDER THIS STANDBY LETTER OF CREDIT MUST BE RECEIVED AT


OUR COUNTERS LOCATED STANDARD CHARTERED BANK LONDON AT [INSERT
ADDRESS]. NOT LATER THAN 3.00PM ON THE EXPIRY DATE.

7. THE AMOUNT OF A DEMAND MADE IN COMPLIANCE WITH THIS STANDBY LETTER OF


CREDIT WILL BE HONORED BY THE FIFTH BANKING DAY AFTER THE DAY ON WHICH
SUCH DEMAND IS RECEIVED. A “BANKING DAY” IS A DAY ON WHICH WE ARE OPEN
FOR BUSINESS IN NIGERIA. PAYMENTS SHALL BE MADE IN UNITED STATES
DOLLARS, IN PROMPTLY AVAILABLE FUNDS, AND IN FULL WITHOUT ANY
DEDUCTION OR WITHHOLDING (WHETHER IN RESPECT OF SET OFF,
COUNTERCLAIM, DUTIES, PRESENT OR FUTURE TAXES, CHARGES OR OTHERWISE
WHATSOEVER).

8. IF THE ORIGINAL STANDBY LETTER OF CREDIT IS LOST, STOLEN, MUTILATED OR


DESTROYED, THEN, SUBJECT TO [INSERT NAME OF BENEFICIARY] PROVIDING
[ISSUING NAME] WITH AN INDEMNITY IN FORM AND SUBSTANCE SATISFACTORY TO
[ISSUING NAME] IN ITS SOLE DISCRETION STATING THAT [NAME OF BENEFICIARY]
SHALL INDEMNIFY [ISSUING NAME] FOR ALL CLAIMS, LIABILITY, LOSSES, DAMAGES
COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) IT MAY INCUR OR
THAT IT MAY ARISE AS A RESULT OF ISSUING A REPLACEMENT LETTER OF CREDIT,
[ISSUING NAME] SHALL ISSUE A REPLACEMENT LETTER OF CREDIT AND THE
REPLACEMENT GUARANTEE WILL BE MARKED "ISSUED IN LIEU OF SBLC REPORTED
LOST."

EXCEPT AS FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS STANDBY LETTER OF


CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES ("ISP98"),
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590, AND AS TO MATTERS
NOT ADDRESSED BY THE ISP98, SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF ENGLAND AND WALES.

THE HIGH COURT IN ENGLAND SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY CLAIM
ARISING OUT OF THIS STANDBY LETTER OF CREDIT (OR ANY NON-CONTRACTUAL
OBLIGATION ARISING OUT OF OR IN CONNECTION WITH IT).

NOTHING IN THIS STANDBY LETTER OF CREDIT CONFERS OR PURPORTS TO CONFER ON


ANY THIRD PARTY ANY BENEFIT OR ANY RIGHT TO ENFORCE ANY TERM OF THIS STANDBY
LETTER OF CREDIT WHICH THAT THIRD PARTY WOULD NOT HAVE HAD BUT FOR THE
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999.

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

PART 5

PROFORMA INVOICE

PRO-FORMA INVOICE

Exporter Invoice No Date

[Name and address with tel, fax no & mail ID]


Buyer Order No Date

Importer Consignee

DANGOTE PETROLEUM REFINERY AND DANGOTE PETROLEUM REFINERY AND


PETROCHEMICALS FREE ZONE ENTERPRISE PETROCHEMICALS FREE ZONE ENTERPRISE
Lekki Free Trade Zone (LFTZ) Lekki Free Trade Zone (LFTZ)
Lekki Coastal Road Ibeju-Lekki Lekki Coastal Road Ibeju-Lekki
Lagos State Lagos State
Nigeria Nigeria

Country of Origin Course of Supply Country of Final Shipments


(Insert name of country (Insert name of country Destination (No of partials – batches)
where it is manufactured) from where supply is NIGERIA
made)
Port of Despatch Port of Destination Final Destination
(Insert name of port) (Insert name of port, sea (Insert name of Plant and Location)
or airport)
Si No Description Quantity Unit Rate ( ) Value ( )

FOB Value
(Insert the name of sea port of dispatch/loading)
Sea Freight

CFR (Name of sea or airport in Lagos, Nigeria)

Total [currency to be inserted]

Payment Terms Bank Account Details

Name

Branch

Account No

Swift Code

Declaration: Signature and Date


We hereby declare that this Invoice shows the actual
value of goods described and that all particulars are true
and correct (FOR )

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

ANNEX 4

PURCHASE PRICE

[Note: EIL, with the Employer’s approval, to ensure that the Contractor provides the following
in its tender for inclusion in this Annex 4:

 Rates agreed for Variations

 Estimated cost, ex-works

 FOB price

 Freight cost

 CFR price

 Storage charges per Clause 19.2

 Country of Manufacture

 Country of Shipment]

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

ANNEX 5

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

ANNEX 6

SPARE PARTS

[EIL, with the Employer’s approval, to insert per each contract package (including rates for
spare parts)]

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

ANNEX 7

PAYMENT TERMS

MILESTONES (see Clause 23.4)

[EIL, with the Employer’s approval, to insert milestones per each contract package, aligning to
relevant deliverables]

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Contract for Purchase Requisition No: [TO BE COMPLETED FOR EACH PACKAGE]

ANNEX 8

PARTICULAR CONDITIONS OF CONTRACT

The Articles of Agreement and the General Conditions of Contract are hereby amended in
accordance with the amendments described in the following table:

ITEM CLAUSE SUBJECT DRAFTING AMENDMENTS TO THE


REFERENCE CLAUSE

Articles of Agreement

1.

General Conditions

1.

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This drawing, design and details given on this format are the property of ENGINEERS INDIA LIMITED. They are merely loaned on the borrower's express agreement that they will not be reproduced, copied, exhibited
MATERIAL REQUISITION (TOP SHEET)
ITEM DESCRIPTION: TRANSFORMER-POWER-ABOVE 5MVA
GROUP ITEM CODE: 13KA DESTINATION: As per Commercial Documents
MR CATEGORY: II DELIVERY PERIOD: As per Commercial Documents

DOCUMENT NUMBER
( Always quote the Document Number given below as reference )

A545 999 XD MR 0101 A 23/01/2018 16 50


JOB NO. UNIT/ MAIN DOC. SR. NO. REV. DATE DIVN. DEPT.
AREA COST CODE
CENTRE ORIGINATOR
or used, except in the limited way permitted by a written consent given by the lender to the borrower for the intended use. EIL-1641-515 Rev.1 A4-210x297.

NOTES :
1 This page is a record of all the Revisions of this Requisition.
2 The nature of the Revision is briefly stated in the "Details" column below, the
Requisition in its entirety shall be considered for contractual purposes.
3 Vendor shall note the MR category and shall submit his offer in line with the
requirements included in attached 'Instructions to Bidders'.

REV. DATE BY CHK. APPD. DETAILS

A 23/01/2018 VT SHIRALI SA ISSUED MR FOR BID


This is a system generated approved document and does not require signature.

Project: DANGOTE REFINERY AND PETROCHEMICALS


ENGINEERS INDIA LIMITED PROJECT

NEW DELHI Client: DANGOTE OIL REFINERY COMPANY


Sheet 1 of 4
File Name: C:\Users\EIL\Desktop\Desktop3\Tie Trafo\MR100.pdf
Page 209 of 257
This drawing, design and details given on this format are the property of ENGINEERS INDIA LIMITED. They are merely loaned on the borrower's express agreement that they will not be reproduced, copied, exhibited
TAG NO/
SR. NO. ITEM CODE/ [ ID. NO. ] DESCRIPTION QUANTITY

01.00 Design, engineering, manufacture,


procurement of materials and bought out
components, assembly at shop, inspection,
testing at manufacturer's works, packing
& delivery of the following with complete
Nitrogen injection Fire Protection
System, including supply of all
commissioning spares & special tools and
tackles, first fill of consumables &
documentation as per the enclosed EIL
standard specifications, instructions to
vendors, data sheets etc. and other codes
and standards attached or referred.
01.01 A1 TR-01-02 66/66 kV, 100 MVA, Z=10%, YNyn0, ONAN 2 Nos
Transformer with OLTC and RTCC
02.00 Testing, pre-commissioning &
or used, except in the limited way permitted by a written consent given by the lender to the borrower for the intended use. EIL-1641-515 Rev.1 A4-210x297.

commissioning at site, including supply


of commissioning spares for the following
with installation, Testing &
commissioning of Nitrogen Injection Fire
Protection System at site for the Power
Transformer as per Instructions to
Vendor, job specifications, data sheets
etc.
02.01 A1 {02}TR-01-02 For Sr. No. 01.01 2 Nos
03.00 Transportation from Vendors work/ shop as
stipulated elsewhere in the document for
the following
03.01 A1 {03}TR-01-02 For Sr. No. 01.01 2 Nos
04.00 Supply of Mandatory Spares & special
tools as per the enclosed list/
instructions to vendor (A545-999-16-50-
TR-0101). (Price to be included in Item
01.00)
04.01 A1 {04}TR-01-02 For Sr. No. 01.01 1 Lot
05.00 Operation and Maintenance spares as Lot
included in the Commercial part of the
Purchase Order.
06.00 Unit Rates
06.01 Unit Rates of items for addition/ 1
deletion purpose, as per enclosed
instructions to vendor TR-0101
06.02 Unit Rates for Specific tests as per the 1
enclosed instructions to vendor (A545-
999-16-50-TR-0101)
06.03 Annual Maintenance Contract(AMC) of 1
Transformers for duration of 3 Years
06.04 Providing Training to EMPLOYER ENGINEERS 1
at Project Site as per instructions to
vendor TR-0101.
06.05 Providing Training to EMPLOYER ENGINEERS 1
at Manufacturer Works as per instruction
to vendor TR-0101.
07.00 Charges for Third Party Inspection
07.01 A1 {07}TR-01-02 For Sr. No. 01.01 1 Lot
08.00 Supervision of erection of items
specified at item 01.00 above, as per the
enclosed instructions to vendor (A545-
Project: DANGOTE REFINERY AND PETROCHEMICALS
ENGINEERS INDIA LIMITED PROJECT REQUISITION NO. REV.

NEW DELHI Client: DANGOTE OIL REFINERY COMPANY A545-999-XD-MR-0101 A


Sheet 2 of 4
File Name: C:\Users\EIL\Desktop\Desktop3\Tie Trafo\MR100.pdf
Page 210 of 257
This drawing, design and details given on this format are the property of ENGINEERS INDIA LIMITED. They are merely loaned on the borrower's express agreement that they will not be reproduced, copied, exhibited
TAG NO/
SR. NO. ITEM CODE/ [ ID. NO. ] DESCRIPTION QUANTITY

999-16-50-TR-0101).
08.01 A1 {08}TR-01-02 For Sr. No. 01.01 1 /diem rate
09.00 Drawings and documents as per attached Lot
Vendor Data requirement for all supplies
and services covered above in Sr.Nos.1.00
to Sr.No.8.00
10.00 << DELETED >>
11.00 << DELETED >>
12.00 << DELETED >>
13.00 << DELETED >>
14.00 << DELETED >>
15.00 << DELETED >>
16.00 << DELETED >>
or used, except in the limited way permitted by a written consent given by the lender to the borrower for the intended use. EIL-1641-515 Rev.1 A4-210x297.

17.00 << DELETED >>


18.00 << DELETED >>

Vendors shall quote prices in EIL Price Schedule except for Sr.No.9.00. Price for
documentation is implied to be included in the prices quoted against Sr.No.1.00 to
Sr.No.8.00

Vendor to note that the numbers given in square '[]' and curly '{}' brackets are
not for their use and meant for store purpose only. Items shall be tagged as per
main equipment Tag No. only.

Note:
Bidder to note that,one fixed price is to be quoted for grouped items. The groups
of items are identified by A1 where A1 indicates one group and so on.
Grouped items shall not be split ordered.

Project: DANGOTE REFINERY AND PETROCHEMICALS


ENGINEERS INDIA LIMITED PROJECT REQUISITION NO. REV.

NEW DELHI Client: DANGOTE OIL REFINERY COMPANY A545-999-XD-MR-0101 A


Sheet 3 of 4
File Name: C:\Users\EIL\Desktop\Desktop3\Tie Trafo\MR100.pdf
Page 211 of 257
This drawing, design and details given on this format are the property of ENGINEERS INDIA LIMITED. They are merely loaned on the borrower's express agreement that they will not be reproduced, copied, exhibited

LIST OF ATTACHMENTS
REVISION
SL. REV. REV. REV. REV.
DOCUMENT TITLE DOCUMENT NO.
No.
DATE DATE DATE DATE
FORMATS
1 Format for Vendor Drawing/ EIL-1641-1923
Document Submission Schedule Rev.1
DATASHEET ELECTRICAL
2 Data Sheet for Tie Transformer A545-000-16-50-DS- A
4109 23/01/2018
3 Power Transformer Dimension & A545-000-16-50-DS- A
location Details 4108 23/01/2018
JOB SPECIFICATION
4 Job Specification for Oil A545-000-16-50-SP- C
or used, except in the limited way permitted by a written consent given by the lender to the borrower for the intended use. EIL-1641-515 Rev.1 A4-210x297.

Filled Transformers 0041 02/03/2016


5 Job Specification for Field A545-000-16-50-SP- D
inspection, Testing, and 0087 29/04/2016
Commissioning of electrical
installations
INSTRUCTIONS TO VENDORS
6 Instructions to Vendor sheet A545-999-16-50-TR- A
0101 23/01/2018
VENDOR DATA REQUIREMENTS
7 Vendor Data Requirement A545-999-16-50-VR- A
0101 23/01/2018
INSPECTION & TEST PLANS
8 INSPECTION TEST PLAN FOR OIL A545-6-81-1041 0
FILLED TRANSFORMER 23/12/2014
In case of any subsequent revision of MR or PR, only revised sheets of the
attachments listed above shall be issued alongwith the revision.

GENERAL NOTES:
1. List of two year operation and maintence spares listed is the minimum list of
spares for which vendor has to furnish rates. However list of
recommended spares with unit rate along with recommended quantity for two years of
trouble free operation and maintenance shall be submitted by bidder including any
other spares which the bidder feels are required as recommended spares in the list.

OLTC : On Load Tap Changer


RTCC : Remote Tap Changer Control

Project: DANGOTE REFINERY AND PETROCHEMICALS


ENGINEERS INDIA LIMITED PROJECT REQUISITION NO. REV.

NEW DELHI Client: DANGOTE OIL REFINERY COMPANY A545-999-XD-MR-0101 A


Sheet 4 of 4
File Name: C:\Users\EIL\Desktop\Desktop3\Tie Trafo\MR100.pdf
Page 212 of 257
Datasheet No.
DATA SHEET A545-000-16-50-DS-4109
POWER TRANSFORMER Rev. A
Page 1 of 2
PURCHASER'S DATA
Project: DRPP Location: Dangote Industries LFTZ Nigeria
Employer: Ms DORC Unit: Outdoor
A Site Conditions
1 Maximum ambient temperature: 33.7 °C 4 Relative humidity: 91 %
2 Minimum ambient temperature: 22.4 °C 5 Altitude above MSL: < 1000 m
3 Design ambient temperature: 45 °C 6 Environment: Humid & Corrosive
B Technical particulars
1 Tag no.: Refer elsewhere 22 Tap changer As per IEC
2 Duty: Continuous Location HV Winding
3 No. of windings: Two Type Off Circuit Tap changer
4 Type of cooling: ONAN Range ±10%
5 Rated MVA 100 MVA(Min.) No. of steps 17@1.25%
6 Oil type Mineral (As per IEC 60296) 23 Normal load: 40% of ONAN Rating
7 Rated voltage 24 Temp. rise at extreme tap
HV winding 66 kV having max. losses:
MV-1 winding 66 kV oil 45°C
MV-2 winding Not Applicable winding 50°C
8 HV Phase sequence UVW 25 Min. guaranteed efficiency at Minimum 99.5
9 MV Phase sequence To Suit Switchgear 0.8 p.f at 40%ONAN rating
10 System earthing: 26 Load at which max. eff. Occurs 40% of rated MVA
HV side Solidly earthed 27 Power flow: Bidirectional
MV side-1 Solidly earthed 28 Explosion protection PRV
MV side-2 Not applicable 29 Terminal location:
11 Rated frequency: 50Hz±3% HV side As per sketch
12 No. of phases: Three MV w.r.t HV 90°
13 Fault level on HV side: 40 kA for 1 Sec. 30 Terminal connection
14 Connection HV side Cable Box
HV side Star MV side Cable Box
MV side-1 Star 31 Cable size
MV side-2 Not Applicable HV side 9runsx1Cx500 sq. mm
15 Vector group: YNyn0 Cu cond. XLPE insul., arm.
16 Impedance (on ONAN Rating): MV-1 side 9runsx1Cx500 sq. mm
HV-MV1 10% (Refer Note-6) Cu cond. XLPE insul., arm.
HV-MV2 Not Applicable MV-2 side Not applicable
17 Insulation class: A Neutral
18 Insulation level:
Power Frequency withstand
HV winding 140 KV 32 Neutral CT specification:
MV-1 winding 140 KV 51G
MV-2 winding Not Applicable HV side CTR:600/1A,CL5P20
Impulse withstand MV-1 side CTR:600/1A,CL5P20
HV winding 325 KV MV-2 side Not Applicable
MV-1 winding 325 KV 64R
MV-2 winding Not Applicable HV side CTR:1250/1A, CL.PS
19 Winding insulation type: Vk During Detail Engineering
HV winding Graded Im at Vk/2
MV winding-1 Graded RCT
MV winding-2 Not Applicable MV-1 side CTR:1250/1A, CL.PS
Vk During Detail Engineering
20 Creepage distance: (in very heavy polluted area) Im at Vk/2
HV winding 31 mm/kV RCT
MV -1 winding 31 mm/kV MV-1 side Not Applicable
MV-2 winding Not applicable Vk
Im at Vk/2
21 Clearance RCT
Ph-Ph As per IEC (60076-3)
Ph-N As per IEC (60076-3) 33 Installation Outdoor
34 Painting & colour RAL 5011

A 23.01.2018 Issued With MR VT SHIRALI SA


Rev. Date Purpose Prepared Checked Approved

Format No: EIL-1650-689 P1 Rev.1 Copyrights EIL - All rights reserved

Page 213 of 257


Datasheet No.
DATA SHEET A545-000-16-50-DS-4109
POWER TRANSFORMER Rev. A
Page 2 of 2
34 AC Auxiliary voltage 415 V ± 10% TPN 41 Tests requirements
35 DC Auxiliary voltage 220 V ± 10% DC Impulse test: Test Report only
36 Bidirectional roller type Flat Heat run test: Required
37 ¢ distance of flat rollers 1754mm Vacuum test on tank: Required
38 Applicable specifications IEC & Job. Spec. Pressure test on tank: Required
39 ECS interface Required as per Job Spec. Short circuit test: Test Report only
40 Accessories requirement
Sampling valve Yes Channels & towing lugs Yes
Conservator drain valve Yes Rollers Yes
Top oil filter valve Yes Neutral bushing Yes
Explosion vent/PRV Yes outside terminal box with
Air bag for conservator Yes connector assembly
Dial type thermometer Yes Inspection cover Yes
& contacts for OTI & WTI Disconnecting chamber Yes
Drain valve Yes WTI & OTI Yes
Marshalling box Yes Busduct flange on LV No
Double float Buchholz Yes Lugs and cable glands Yes
Silica gel breather Yes
RTCC Yes
AVR (Master Follower ) Yes
Master Follower Yes

MANUFACTURER'S DATA
A Make: C Construction features
Rating MVA 1 Location of terminals
Primary
Secondary
B Performance: 2 No. of Cooler Banks:
1 No load loss at 3 Qty. of Cooling Fans:
100% Voltage; kW Working: Nos.
110% Voltage: kW Standby: Nos.
3 Full load copper loss at 75°C: kW 4 Location of Neutral CT
4 Auxiliary losses: kW 5 Explosion protection Explosion vent/PRV
5 No load current at
100% Voltage: A D Mechanical data
110% Voltage: A 1 Core & winding weight: Kgs.
6 Efficiency at full load at 75°C 2 Tank & fitting weight: Kgs.
at 0.8 p.f: % 3 Radiator without oil weight: Kgs.
at 1.0 p.f: % 4 Total weight: Kgs.
7 Eff. at 50% load at 75°C 5 Total quantity of oil: ltrs.
at 0.8 p.f; % 6 Quantity of oil in radiators: ltrs.
at 1.0 p.f: % 7 Overall dimensions: (Refer Note - 7)
8 Maximum efficiency: % Length mm
9 Load at which max eff. Occurs: MVA Breadth mm
10 Regulation at 75°C Height mm
at 0.8 p.f: %
at 1.0 p.f: %
11 X1/R1 Ratio
X0/R0 Ratio
12 Zero sequence impedence, Z0
Note
1 Performance data shall be furnished for ONAN rating.
2 Losses shall be inclusive of positive tolerance and shall be at nominal tap.
3 Minimum guranteed effciency at 0.8 p.f. at 40% ONAN rating load shall be 99.5% (inclusive of all tolerance).
4 Components shall be of reputed makes as per satisfactory track record.
5 Transducers for providing 4-20mA signal for OTI & WTI for Employer's interface shall be provided.
6 Dimension of Transformers with its terminal boxes shall be limited in line with sketch
(Doc. No. A545-000-16-50-DS-4108) enclosed with the MR.
7 These test shall be conducted on one transformer tank of each rating in line with tender specification
shall be identified by the final tag. No. assigned to the transformer.

Format No: EIL-1650-689 P1 Rev.1 Copyrights EIL - All rights reserved

Page 214 of 257


PROJECT: DRPP REV. DATE REVISION BY CHECKED APPD. APPD.

EMPLOYER:M/s DORC A 23.01.18 ISSUED WITH MR VT SHIRALI SA


The drawing, design and details given on this format are the property of ENGINEERS INDIA LIMITED. They are merely loaned on the borrower's express agreement that they
will not be reproduced, copied, exhibited or used, except in the limited way permitted by a written consent given by the lender to the borrower for the intended use.

C/L TRANSFORMER
ROLLERS

MINIMUM
1000mm
CLEARENCE
ALL AROUND

18000
C/L ROLLER 1754 C/L ROLLER
= =

1200 15600 (MAX.) 1200


(MIN.) (MIN.)

18000

ROAD SIDE

PLAN

NOTES:-
1 DIEMENSIONS OF TRANSFOMER ARE MAXIMUM WHICH CAN
BE ACCOMODATED IN 18X18M BAY.
2. VENDER TO ADJUST OVERALL DIEMENSION WITHIN ABOVE
MENTIONED SPACE ONLY.
3. ALL WALLS ARE 345 MM THICK.

POWER TRANSFORMER DRAWING NO. REV.


ENGINEERS INDIA LIMITED DIEMENSIONS AND LOCATION A545-000-16-50-DS-4108 A
NEW DELHI DETAILS

1-1641-0504 REV.0 A4-210x297

Page 215 of 257


DOCUMENT No.
JOB SPECIFICATION
FOR A545-000-16-50-SP-0041
OIL FILLED TRANSFORMERS Rev. C
Page 1 of 9

PROJECT: DANGOTE REFINERY AND PETROCHEMICALS


PROJECT (DRPP)
EMPLOYER: DANGOTE OIL REFINING COMPANY (DORC)

LOCATION: DANGOTE INDUSTRIES, LEKKI FREE TRADE


ZONE, NIGERIA

JOB NO.: A545

C 02.03.2016 REVISED & ISSUED WITH PR/MR/TENDER VT SHIRALI SA

B 15.06.2015 REVISED & ISSUED WITH MR/TENDER MK SHIRALI SA

A 05.01.2015 ISSUED WITH MR/TENDER MK SHIRALI SA


Rev.
Date Purpose Prepared by Checked by Approved by
No

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Page 216 of 257


DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 2 of 9
OIL FILLED TRANSFORMERS

Abbreviations:

CT : Current Transformer
ECS : Electrical Control System
FRLS : Flame Retardant Low Smoke
GI : Galvanised Iron
HV : High Voltage
IEC : International Electro Technical Commission
IEEE : Institute of Electrical and Electronics Engineers
IP : Ingress Protection
KG : Kilo Gram
KV : Kilo Volt
KVA : Kilo Volt Ampere
LED : Light Emitting Diode
LV : Low Voltage
mA : Milliampere
MV : Medium Voltage
NGR : Neutral Grounding Resistor
OCTC : Off Circuit Tap Changer
ONAF : Oil Natural Air Forced
ONAN : Oil Natural Air Natural
OTI : Oil Temperature Indicator
PMC : Project Management Consultant
PO : Purchase Order
PRV : Pressure Release Valve
SPN : Single Phase and Neutral
SS : Stainless Steel
TPN : Three Phases and Neutral
WTI : Winding Temperature Indicator
XLPE : Cross Linked Polyethylene

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Page 217 of 257


DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 3 of 9
OIL FILLED TRANSFORMERS

CONTENTS

1.0 SCOPE.................................................................................................................................4
2.0 CODES AND STANDARDS.................................................................................................4
3.0 GENERAL REQUIREMENTS ..............................................................................................4
4.0 SITE CONDITIONS ..............................................................................................................4
5.0 CONSTRUCTION ................................................................................................................4
6.0 TERMINALS AND MARSHALLING BOX ............................................................................5
7.0 COOLING ............................................................................................................................6
8.0 TAPPINGS & CONTROL .....................................................................................................7
9.0 ACCESSORIES ...................................................................................................................7
10.0 NOISE LEVEL......................................................................................................................9
11.0 INSPECTION AND TESTING ..............................................................................................9
12.0 PACKING AND DESPATCH ................................................................................................9

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DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 4 of 9
OIL FILLED TRANSFORMERS

1.0 SCOPE

The intent of this specification is to define the requirements for design, construction,
manufacture, assembly, testing, packing and supply of oil filled power/distribution
transformers complete with all fittings, accessories and associated equipments which
are required for efficient & trouble free operation.

2.0 CODES AND STANDARDS

2.1. The equipment shall comply with the requirements of the latest revision of the
relevant IEC standards.

2.2. In case of imported equipment, the standards of the country of origin shall be
applicable if these standards are equivalent or stringent than the relevant IEC
standards.

2.3. The equipment shall also conform to the provisions of statutory regulations currently
in force in the country.

2.4. In case of any conflict between requirements specified in various applicable


documents, the most stringent one shall prevail. However EMPLOYER’s decision in
this regard will be final and binding.

3.0 GENERAL REQUIREMENTS

3.1 The offered equipment shall be brand new with state of art technology and proven
field track record. No prototype equipment shall be offered.

3.2 Vendor shall ensure availability of spare parts and maintenance support services for
the offered equipment for at least 10 years from the date of supply.

3.3 Vendor shall give a notice of at least one year to the END USER of equipment and
PMC before phasing out the product/spares to enable the end user for placement of
order for spares and services.

4.0 SITE CONDITIONS

Transformer shall be suitable for installation and satisfactory operation in tropical,


humid and corrosive atmospheres. The transformer shall be designed to operate
under site conditions as specified in data sheet.

5.0 CONSTRUCTION

5.1 Transformer tank shall be of welded sheet steel construction and provided with
gasketed steel cover plates. Base shall be suitably reinforced to prevent any
distortion during lifting. Base channels shall be provided with skids and pulling eyes
to facilitate handling.

5.2 Transformer shall be double wound, core type with high grade cold rolled non-aging
grain oriented low loss, high permeability silicon steel laminations (M-4 or better
grade) perfectly insulated and clamped to minimise vibration and noise. Care shall be

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DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 5 of 9
OIL FILLED TRANSFORMERS

taken to insulate core-fastening bolts to reduce losses and avoid hot spots. All parts
of magnetic circuit shall be bonded to earth system.

5.3 Transformers shall have conventional type of windings. Foil type windings are not
acceptable. Windings shall be of copper and shall be designed to withstand the
applicable thermal and dynamic short circuit stresses.

5.4 All covers and seals shall be oil and airtight and shall not be affected by mineral or
synthetic oil action. Detachable radiators (tank mounted) equipped with air vent, drain
plug and lifting lugs shall be provided with shut-off valves for transformer rated more
than or equal to 500kVA to permit removal of any radiator unit without emptying the
tank. Radiators shall be securely braced to prevent undue vibration.

5.5 All fasteners and bolts etc. wherever used shall be of stainless steel SS-304. All
surfaces to be painted shall be thoroughly cleaned, de-scaled, made free from rust
and transformer shall be epoxy painted.

5.6 Different non-current carrying parts of transformers shall be connected by copper


flexibles for earth continuity purpose.

5.7 Transformer shall be supplied with first filling of oil and 10% extra oil in non-
returnable 210 litre capacity drums. Oil shall conform to relevant IEC standard.

5.8 All components and materials used in the construction of the transformer shall
comply with the requirements of the relevant IEC standards where they exist unless
otherwise agreed or specified.

6.0 TERMINALS AND MARSHALLING BOX

6.1 Windings shall be brought out and terminated on outdoor bushings, cable boxes or
bus-duct chamber, which will be located as specified on the data sheet.

6.2 When outdoor bushings are specified they shall be supplied complete with terminal
connectors suitable for the specified conductor size.

6.3 Cable boxes shall be supplied with tinned copper lugs and nickel plated brass cable
glands.

6.3.1 For HV XLPE-FRLS cables, MV XLPE-FRLS Cables and LV XLPE-FRLS


Power/control cables, double compression cable glands and crimped type tinned
copper cable lugs shall be supplied. Gland plate shall be removable type. For single
core cables, gland plate shall be of non-magnetic material. HV/MV cable box shall be
suitable for termination of specified size of XLPE insulated cable .The head-room
available between cable gland plate and terminals shall not be less than 600mm for
cable upto 11 kV, 900 mm for cable upto 33 kV and above 900mm for cable upto
66kV, as per relevant IEC standard. Cable box and disconnecting chamber shall be
air insulated.

6.3.2 Cable box shall be weatherproof to IP-55. For fixed portion of cable box, inspection
cover with lifting handle shall be provided.

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DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 6 of 9
OIL FILLED TRANSFORMERS

6.3.3 Primary cable box (where applicable) shall be able to withstand specified primary
system fault level for 0.20 secs.

6.4 Terminal chamber for bus-duct termination shall have a gasketed cover plate bolted
to it and shall be weatherproof to IP-55. A separate inspection cover with lifting
handle shall be provided to facilitate connection and inspection. Phase sequence of
the bus bars shall be as specified in the data sheets.

6.5 Marshalling box shall be mounted on transformer and shall be weatherproof with IP-
55 (min.) and shall also preferably have integral canopy for additional weather
protection. The canopy shall be made of 2mm thick galvanized sheet steel where
these are separate from the equipment. All protective devices, neutral CTs, all other
accessories on transformer body shall be cleat wired by means of XLPE insulated,
FRLS, copper conductor armoured cables upto the marshalling box. Terminals shall
be clamp type. Removable gland plate with double compression type glands shall be
provided. Lamp (LED type) with switch & socket shall be provided in the marshalling
box. Preferably, marshalling box shall be located on the front side of transformer.

6.6 For transformer rating upto 2500kVA, 240V SPN supply at one point shall be
provided by purchaser at Marshalling Box. All the further distribution to be done from
this point by vendor. Transducers for OTI & WTI shall not be provided any separate
power supply. Also, the total load for marshalling box shall be clearly indicated by
vendor on the drawing.

6.7 For transformers having provisions for terminating TPN bus duct on the 0.433kV side,
neutral of the star connected secondary winding shall be brought out to a secondary
terminal chamber. A CT shall be mounted (if specified) on the neutral terminal with
CT secondary wired up to the marshalling box.

6.8 A separate neutral bushing shall be provided for neutral earthing of transformers. The
neutral CT shall be mounted as below:-.
a) CT for 51G (Standby Earth Fault) shall be located in the earth path after
bifurcation of neutral.
b) CT for 64 R (Restricted Earth Fault) as specified in datasheet, can be located
before bifurcation of neutral.

Supporting arrangement for GI strip/cable as applicable shall be provided for


connection of neutral bushing to earth/NGR.

7.0 COOLING

7.1 Type of cooling shall be in accordance with data sheet.

7.2 Forced air-cooling system shall have a weatherproof IP-55 control panel to be
installed on the body of the transformer, complete with cooler controls and cable
glands necessary for cable connections. Contacts shall be provided for remote
indication/alarm for following operating conditions:
(i) Auto/manual selection
(ii) Winding over temp.
(iii) Fans ON (for each fan separately) & Fans tripped (for each fan separately).

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DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 7 of 9
OIL FILLED TRANSFORMERS

Cooling fans shall be complete with mounting/supporting structure. These shall be


suitably sized to limit the temperature rise of the transformer to specified values with
continuous maximum loading of ONAF rating and at maximum specified ambient
temperatures. One standby fan per 50% cooler bank shall be provided. Fans rating
shall be clearly indicated by vendor on the drawing/Bill of material. Fan LV motor
shall be Energy Efficient type (IE2) as per relevant IEC.

In Auto mode all fans including redundant fans shall be running. In manual mode,
provision shall be made for starting each fan independently.

For transformer rating above 2500kVA, 415V TPN supply at one point shall be
provided by purchaser at Marshalling Box cum cooling control panel. All the further
distribution to be done from this point by vendor. Transducers for OTI & WTI shall not
be provided any separate power supply. Also, the total load for marshalling box cum
cooler control panel shall be clearly indicated by vendor on the drawing.

8.0 TAPPINGS & CONTROL

8.1 These shall be provided on high voltage side and connected to off circuit tap
changing gear as specified on data sheet. Under conditions of external short circuit,
the tap changing equipment shall be capable of carrying the same current as the
windings.

8.2 Off Circuit Tap Changer gear:

Off circuit tap changing gear shall have an external operating handle mounted on the
transformer side and shall meet the following requirements:
- Positive snap-action contact changing
- The mechanism shall be such that it is impossible for the contacts to be set in
a position whereby the windings remain open-circuited or partly short-
circuited.
- Mechanical stops at the ends shall be provided to prevent overrun.
- The driving rod through cover or tank wall shall be properly sealed against oil
leakage under all service conditions.

The handle shall be metallic and the adequately sized in order to allow operation
without the need of tools and be located in a directly accessible position.

The handle shall be provided with padlock facilities to lock the tap changer in the
desired position.

Tap positions shall be clearly marked in line with the data given on the rating plate.

9.0 ACCESSORIES

9.1 The accessories shall include the following as minimum. However, same shall
comply with the requirements of the relevant IEC standards:

i) Rating Plate of weatherproof material. The entries on the plate shall be


indelibly marked.
ii) Terminal marking Plate
iii) Two earthing terminals

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DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 8 of 9
OIL FILLED TRANSFORMERS

iv) De-hydrating breather (silica gel) (For transformer rated 25 kVA and above
for rated voltage 11 kV and below, and all ratings above 11 kV). Also this
should be 8 KG volume with conservator and 2 KG with primary and
secondary box terminals.
v) Conservator (For transformer rated 50 kVA and above for rated voltage 11 kV
and below, and all ratings above 11 kV)
vi) Air release Device (for transformers with conservator)
vii) Oil filling hole with cover
viii) Oil Level indicator with alarm contact
ix) Thermometer pocket
x) Oil temperature indicator with alarm & trip contacts
xi) Winding temperature indicator with alarm & trip contacts (for transformers of
rating 500 KVA and above)
xii) 4-20mA transducers for OTI & WTI
xiii) PRV shall be provided (with alarm & trip contacts). It shall be located away
from the marshalling box.
xiv) Sampling valve
xv) Conservator drain valve
xvi) Top oil filter valve
xvii) Drain cum bottom filter valve
xviii) Double float Buchholz relay
xix) Separate neutral bushing outside terminal box with connector assembly
xx) Inspection covers
xxi) Terminal box with galvanized sheet steel rain canopy
xxii) Marshalling box
xxiii) Lifting lugs
xxiv) Jacking lugs
xxv) Cross channels with towing lugs
xxvi) Tag No. Plate
xxvii) Caution/Warning plate (in English language)
xxviii) Oil filling instruction plate (in English language)
xxix) Drain plug

9.2 Conservator shall be complete with oil filling plug and cap, oil drain valve, oil level
gauge in addition to magnetic oil level gauge. A flexible oil resistance air bag shall be
provided for conservator for transformer rated above 2500kVA. Air bag shall be
designed to withstand repeated expansion and contraction due to changes in oil
level.

9.3 Buchholz relay shall be provided for main tank chamber. This shall be double float
type for the main tank with separate normally open trip and alarm contacts. Isolating
valve shall be provided on either side of the relay and distance piece shall be
supplied.

9.4 Size of valves for drain, filter and sampling shall be as per table below.

Transformer rating Size of drain Size of filter Size of sampling


(kVA) valve (mm) valve valve
mm Mm
Upto 1600 25 25 15

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DOCUMENT No.
A545-000-16-50-SP-0041
Rev. C
JOB SPECIFICATION
FOR Page 9 of 9
OIL FILLED TRANSFORMERS

>1600 to 10000 50 25 15

>10000 to 25000 80 50 15

>25000 to 50000 100 50 15


>50000 100 50 15

9.5 ECS Interface signals as listed below shall be provided.

i) OTI (4-20mA) signal


ii) WTI (4-20mA) signal

All contacts including the ‘spare contacts’ and contacts for the EMPLOYER’s
interface shall be duly wired & terminated upto the terminal block.

10.0 NOISE LEVEL

Audible Noise level shall not exceed the limits indicated in relevant IEC.

11.0 INSPECTION AND TESTING

11.1 Inspection & Testing shall be as per Inspection and Test Plan enclosed elsewhere in
the MR/Bid Package/Tender.

11.2 All equipments shall be of type tested design.

11.3 Following tests shall be included along with other testing for Power Transformers :
- Capacitance
- Tan Delta
- Partial discharge
- Sweep frequency test
- Polarizing Index

12.0 PACKING AND DESPATCH

All the equipment shall be divided into several shipping sections for protection and
ease of handling during transportation. The equipment shall be properly packed for
the selected mode of transportation i.e. ship/ rail or trailer. The equipment shall be
wrapped in polyethylene sheets before being placed in the wooden crates/ cases to
prevent damage to the finish. Crates / cases shall have skid bottoms for handling.
Special notations such as ‘Fragile’, ‘This side up’, ‘Weight’, ‘EMPLOYER’s
particulars’, ‘PO. nos.’ etc., shall be clearly marked on the package together with
other details as per purchaser for scrutiny.

The equipment may be stored outdoors for long periods before installation. The
packing shall be completely suitable for outdoor storage, in areas with heavy rains/
high ambient temperature.

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DOCUMENT No.
JOB SPECIFICATION A545-000-16-50-SP-0087
FOR FIELD INSPECTION, Rev. D
TESTING AND COMMISSIONING
Page 1 of 8
OF ELECTRICAL INSTALLATIONS

EMPLOYER: DANGOTE OIL REFINING COMPANY (DORC)

PROJECT: DANGOTE REFINERY AND


PETROCHEMICALS PROJECT (DRPP)
LOCATION: DANGOTE INDUSTRIES, LEKKI FREE TRADE
ZONE, NIGERIA
JOB NO.: A545

D 29.04.16 ISSUED WITH PR/MR/TENDER MK SHIRALI SA

C 02.03.16 ISSUED WITH PR/MR/TENDER VT SA SA

B 08.07.15 ISSUED WITH MR/TENDER VT SA SA

A 12.01.15 ISSUED WITH MR/TENDER SS SA SA


Rev.
Date Purpose Prepared Checked Approved
No

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Page 225 of 257


SPECIFICATION No.
A545-000-16-50-SP-0087
JOB SPECIFICATION Rev. D
FOR FIELD INSPECTION,
TESTING AND COMMISSIONING Page 2 of 8
OF ELECTRICAL INSTALLATIONS

Abbreviations:

AC : Alternating Current
AFC : Approved for Construction
DC : Direct Current
DCS : Distributed Control System
ECS : Electrical Control Station
GI : Galvanized Iron
HV : High voltage
IEC : International Electrotechnical Commission
IEEE : Institute of Electrical and Electronics Engineers
LV : Low Voltage
MV : Medium Voltage
NEMA : National Electrical Manufacturers Association
VDE : Verband Deutscher Elecktrotechniker

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Page 226 of 257


SPECIFICATION No.
A545-000-16-50-SP-0087
JOB SPECIFICATION Rev. D
FOR FIELD INSPECTION,
TESTING AND COMMISSIONING Page 3 of 8
OF ELECTRICAL INSTALLATIONS

CONTENTS

1.0 SCOPE.................................................................................................................. 4

2.0 CODES AND STANDARDS .................................................................................. 4

3.0 FIELD INSPECTION, TESTING AND COMMISSIONING ..................................... 4

4.0 RECORDS ............................................................................................................ 8

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SPECIFICATION No.
A545-000-16-50-SP-0087
JOB SPECIFICATION Rev. D
FOR FIELD INSPECTION,
TESTING AND COMMISSIONING Page 4 of 8
OF ELECTRICAL INSTALLATIONS

1.0 SCOPE

This specification covers the requirements for the field inspection, testing and
commissioning of Electrical Equipment and Installation, forming part of electrical
power distribution and utilisation system.

2.0 CODES AND STANDARDS

2.1 The field inspection, testing and commissioning of electrical equipment shall be
carried out in line with this specification and work shall also conform to the
requirements of latest editions/ amendments of the following:

a. Codes of Practice & standards as per IEC / VDE / IEEE / NEMA or equivalent
agency shall be applicable.
b. Applicable Regulations, Codes of Practice & standards laid down by the Local
Electricity Authority.
c. Applicable Fire safety Regulations.
d. Any other regulations laid down by Local Authorities from time to time and
during the execution of this contract.

3.0 FIELD INSPECTION, TESTING AND COMMISSIONING

3.1 Contractor shall carry out complete field inspection, testing and commissioning of
electrical equipment as per Inspection & Test plans.

3.2 Before the completed installation or an addition to the existing installation is put into
service, inspection / pre-commissioning checks and tests shall be carried out by
contractor. In the event of defects being found out, the same shall be rectified and
the installation retested as applicable.

3.3 The pre-commissioning inspection among other requirements shall include visual
inspection, checking the workmanship of the installation, the rating of equipment,
safety clearances, sizes of cables installed, conformance to the AFC document,
soundness of switchgear bus connections, wiring properly dressed and labeled,
sealing of unused cable entries, checking of all safety interlocks, control/interface
functions as per requirement etc.

3.4 Visual inspection for soundness of bus bar connections of busducts, terminal
connections of equipment/motor shall be carried out. It shall be ensured that no
foreign materials are present inside busduct and equipment terminal boxes. After the
visual inspection, all the covers of terminal boxes, inspection chambers shall be
refitted with gaskets, bolts & nuts as per equipment manufacturer’s instructions.

3.5 Pre-commissioning tests shall include but not be limited to the following:
- Continuity test for each winding and power and control circuits.
- Insulation test for each winding and power and control circuit
- High voltage test for cables
- Dielectric strength test on transformer oil.
- Checking the correctness of wiring schemes, control circuit interlocks for intended
functioning.

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SPECIFICATION No.
A545-000-16-50-SP-0087
JOB SPECIFICATION Rev. D
FOR FIELD INSPECTION,
TESTING AND COMMISSIONING Page 5 of 8
OF ELECTRICAL INSTALLATIONS

- Verification of phase sequence.


- Testing of all types of relays/releases for required operation.
- Testing of measuring instruments for proper functioning.
- Earth continuity test for all circuits.
- Checking of safety features for correctness of operation, etc.
- Checking of all wired interface contacts (analogue, digital input/output contacts)
for DCS and ECS interface, at panel and equipment terminal chambers as
applicable.

(Electrical contractor shall co-ordinate with other agencies involved for the above
and provide support services for checking interfaces of electrical equipment and
the intended functioning)

- Earth resistance measurement for each earth electrode, and the earthing system
as a whole.
- Lighting installation shall be tested for correct illumination levels, with fittings
installed. Fittings shall be operated only with specified type of a lamp or tube.

3.6 After the above tests and inspection are completed, control circuits shall be tested for
correct operation under all operating combinations and proved correct before
applying power to main circuit.

3.7 Plant Communication, Fire alarm detection and telephone system shall be checked
for correct operation and intended function as applicable.

3.8 A close visual inspection of electrical equipment in hazardous areas shall be made to
ensure that equipment is suitable for the classified zone and gas group and correctly
installed, with all covers, bolts, nuts and hardwares intact and there is no physical
damage mark seen on the enclosure as applicable.

3.9 Site Acceptance Test procedure for specific equipment shall be furnished by the
D respective equipment vendor in line with testing requirements as per relevant IEC/
Equivalent International standard and this specification & along with relevant
equipment specifications. The Site Acceptance Test Procedure/ Site Testing
Procedure shall be duly reviewed by the PMC/ EMPLOYER Engineer-in-Charge. The
contractor shall provide necessary assistance to the equipment vendor to perform
Site acceptance testing to enable the equipment vendor to perform the same.

3.10 All pre-commissioning checks and tests shall be carried out as per the directions of
Engineer-in-charge. In addition to the equipment manufacturer’s instructions, pre-
commissioning check requirements shall also be complied. All tests shall be carried
out by contractor in the presence of PMC/Employer’s representatives

3.11 The contractor shall bring to site all required tools, tackles, and testing instruments for
carrying out field testing. Contractor shall use only calibrated measuring and test
instruments and shall maintain valid calibration records.

3.12 The Insulation Resistance test values for various electrical equipment shall be as
below:

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SPECIFICATION No.
A545-000-16-50-SP-0087
JOB SPECIFICATION Rev. D
FOR FIELD INSPECTION,
TESTING AND COMMISSIONING Page 6 of 8
OF ELECTRICAL INSTALLATIONS

3.12.1 Cables
The insulation resistance test values for cables shall be as per following table. This
table shall be used as a reference and the insulation resistance test values for cables
D with equivalent IEC voltage grades upto 66kV shall be followed.

Rated voltage of
the DC Test Voltage in Minimum Insulation
Cable Volts resistance in Mega ohms
at 40 °C
Lighting and power circuit
250 1
wiring
650/1100V grade cables 1,000 10
1,900/3,300V grade cables 1,000 200
3,800/6,600V grade cables 1,000 200
6,350/11,000V grade
5,000 200
cables
8,700/15,000V grade
5,000 200
cables
12,700/22,000V grade
5,000 200
cables
19,000/33000V grade
5,000 200
cables

3.12.2 MV, LV and Miscellaneous Switchboards

The insulation resistance test values for the switchboards shall be as per following
table:

Rated voltage of the DC Test Voltage in Minimum Insulation


Switchboard Volts resistance in Mega ohms
at 40 °C
33,000V 5,000 200
11,000V 5,000 200
6,600V 1,000 200
3,300V 1,000 200
415V 1,000 100
240V 500 10
110V 500 10

3.12.3 Generators and Motors

3.12.4 The insulation resistance test values for the Generators and Motors shall be as per
following table:

Rated voltage of the DC Test Voltage in Minimum Insulation


Generators and Motors Volts resistance in Mega ohms
at 40 °C
11,000V 5,000 120
6,600V 1,000 80
3,300V 1,000 50
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SPECIFICATION No.
A545-000-16-50-SP-0087
JOB SPECIFICATION Rev. D
FOR FIELD INSPECTION,
TESTING AND COMMISSIONING Page 7 of 8
OF ELECTRICAL INSTALLATIONS

415V 1,000 15
240V 500 12

3.12.5 Transformers
The insulation resistance test values for the Transformers shall be as per following
D table. This table shall be used as a reference and the insulation resistance test values
for the Transformers with equivalent IEC voltage grades upto 66kV shall be
followed.

Rated voltage of the DC Test Voltage in Minimum Insulation


Transformers Volts resistance in Mega ohms
at 40 °C
Up to 600V 1,000 100
601 to 5000V 2,500 1,000
5001 to 15,000V 5,000 5,000
15001 to 35,000V 5,000 10,000

3.12.6 It shall be ensured that during insulation tests, electronic devices and components
that are liable to get damaged on applied test voltage shall be disconnected from
circuit. The instructions of equipment/panel manufacturer shall be followed strictly in
this regard.

3.13 Medium-voltage & High-voltage Testing

3.13.1 DC high voltage test shall be conducted as per following table on all MV feeder
cables and also on 1100 V grade cables where straight through joints have been
D made. This table shall be used as a reference and the DC high voltage test shall be
conducted considering equivalent IEC voltage grades upto 66kV.

Rated Voltage TEST VOLTAGE (kV) BETWEEN Duration


of Cable (kV) (Minutes)
Uo / U* Any Conductor and Conductor to
Metallic Sheath/ Conductor (For
Screen/Armour Unscreened Cables)
0.65/1.1 3 3 5
1.9/3.3 5 9 5
3.3/3.3 9 9 5
3.8/6.6 10.5 18 5
6.6/6.6 18 18 5
6.35/11 18 30 5
11/11 30 30 5
12.7/22 37.5 - 5
19/33 60 - 5
*Uo : Phase Voltage
U : Line Voltage

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SPECIFICATION No.
A545-000-16-50-SP-0087
JOB SPECIFICATION Rev. D
FOR FIELD INSPECTION,
TESTING AND COMMISSIONING Page 8 of 8
OF ELECTRICAL INSTALLATIONS

The cable cores must be discharged on completion of DC medium or high voltage


test and cable shall be kept earthed until it is put into service.

DC test voltage for old cables shall be 1.5 times rated voltage or less depending on
the age of cables, repair work or nature of jointing work carried out, etc. In any case,
the test voltage shall not be less than the rated voltage.

HV Cable testing shall be conducted with VLF AC supply as per IEC 60840.

3.13.2 AC Low/medium/high voltage test shall be conducted as per following table on all
LV/MV/HV Switchboards.

Rated Rated 1 Min. Power Frequency Withstand Duration in


Voltage (rms Voltage (rms Value in kV) Minutes
Value in kV)
U To Earth, Between Across the Isolating
Poles and Across Distance
Open Switching
Device
3.6 10 12 1
7.2 20 23 1
12 28 32 1
24 50 60 1
36 70 80 1
72.5 140 160 1

The withstand voltage values across the isolating distances are valid only for
switching devices, where the clearance between open contacts is designed to meet
the safety requirements specified for disconnections.

3.14 All protective relays including thermal overload relays shall be tested by secondary
injection current. Primary injection tests shall be carried out for differential protection,
restricted earth fault protection at full/reduced current to ensure correctness of
complete wiring.

3.15 Before energizing any equipment, ‘COMMISSIONING CLEARANCE FORM’ as per


standard format shall be duly filled in by contractor and submitted to PMC/Employer.

3.16 It shall be ensured that the electrical inspectorate approval is available before
energizing the equipment

4.0 RECORDS

Contractor shall keep up-to-date records of all activities carried out and test results.
Field inspection / test reports shall be submitted to PMC / Employer by the contractor
in bound volumes (triplicate copies).

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DOCUMENT No.
A545-999-16-50-TR-0101
INSTRUCTIONS TO VENDOR Rev. A
Page 1 of 16

PROJECT: DANGOTE REFINERY AND PETROCHEMICALS


PROJECT (DRPP)
EMPLOYER: DANGOTE OIL REFINING COMPANY (DORC)

LOCATION: DANGOTE INDUSTRIES, LEKKI FREE TRADE


ZONE, NIGERIA

JOB NO.: A545

A 31.12.2017 ISSUED WITH MR VT Shirali SA


Rev. Prepared Checked Approved
Date Purpose
No by by by

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DOCUMENT No.
A545-999-16-50-TR-0101
Rev. A
INSTRUCTIONS TO VENDOR Page 2 of 16

1.0 SPECIAL INSTRUCTIONS TO BIDDERS


1.1. Bidders to note that no correspondence shall be entered into or entertained after the
bid submission.
1.2. Bidders shall submit quotations only for those items, which they can supply strictly as
per MR specifications and for the transformer rating for which they are enlisted with
EIL.
1.3. The submission of prices by the bidder shall be construed to mean that bidder has
confirmed compliance with all technical specifications of the corresponding item(s).
1.4. Bidder has provided the technical compliance in the format attached at the end of this
document as Annex-1.
1.5. No technical details of any nature shall be included in the offer. If the offer contains
any technical deviations or clarifications or stipulates any technical specifications
(even if in line with the MR requirements), the offer is liable for rejection.
1.6. Bidder to note that the equipment shall comply with the requirements of latest revision
of codes & standards attached or referred with the MR document. In case of any
conflict between the various documents, the most stringent one shall be followed and
Owners/ EIL decision in this regard shall be final and binding.
1.7. All transformers shall be provided with OLTC and RTCC. OLTC shall be in external
tank. ECS Interface shall be provided from RTCC/ Marshalling Box cum Cooler
Control Panel.
1.8. Bidder to note that a pre bid meeting shall be held in which the vendor can seek any
clarification/ confirmation if required. Bidder shall ensure that this conference is
attended by both technical and commercial personnel of the Bidder who should have
thoroughly scrutinized the MR beforehand so that all issues are finally resolved in this
meeting.

2.0 BIDDER SHALL NOTE THAT NO TECHNICAL QUESTIONNAIRE SHALL BE


ISSUED. BIDDER SHALL ENSURE COMPLIANCE TO THE FOLLOWING:
2.1 Bidder has quoted for all items as per item description exactly as specified in MR and
confirmed compliance to the scope of MR.
2.2 Bidder has submitted un-priced copy of the priced bid with item description exactly as
per MR.
2.3 Bidder has included mandatory spares in the base price quoted against Sr. No. 01.00
of the MR. List of mandatory spares has been specified in the MR. Price shall be
inclusive of packing and transportation.
2.4 Bidder has quoted for unit rates for all specified components for addition/ deletion.
2.5 Bidder has quoted for unit rates for conducting type tests.
2.6 Bidder has quoted for unit rates for Annual Maintenance contract of three year after
warranty period for the complete installation.
2.7 Bidder has quoted for 2 years Operation and Maintenance spares with quantity and
unit price.
2.8 Bidder has quoted for testing and commissioning of all offered power transformers
with associated NIFPS. Bidder to note that all commissioning spares required for
these items shall be provided by the vendor and the prices for these commissioning
spares shall be included in the base price of respective ‘Testing & commissioning’
item.
2.9 One set of recommended tools, tackles and special equipment required for the
maintenance of the all transformers shall be supplied with the equipment specified at
Sr. No. 01.00 and price for the same shall be included in the prices quoted against Sr.
No. 01.00 of the MR.
2.10 Bidder has submitted all documents required with the offer as listed in Vendor Data
Requirement (VDR) form and the VDR form is duly signed by the bidder.
2.11 Bidder has furnished overall dimensions for each offered power transformer.

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DOCUMENT No.
A545-999-16-50-TR-0101
Rev. A
INSTRUCTIONS TO VENDOR Page 3 of 16

2.12 Offered transformers shall be accommodated in the transformer bays as per enclosed
sketch (Doc No. A545-000-16-50-DS-4108). Bidder to limit the physical sizes of all
power transformers accordingly.
2.13 Both sides of the transformers shall be connected through 66kV HV XLPE cables to
EMPLOYER’s Gas Insulated Switchgears (GIS). EMPLOYER’s cable size shall be
informed during detailed engineering.
2.14 Bidder has furnished overall dimensions for the offered power transformers &
complied with the sketch (Doc No. A545-000-16-50-DS-4108).
2.15 Bidder has complied with guaranteed minimum value of efficiency of transformer as
specified in the MR.
2.16 Bidder shall quote unit price for carrying out tests specified at MR item 06.02 on one
transformer of each rating. Unit price quoted against MR item 06.02 shall be operated
only in case where these type tests are additional requirements to be conducted on
employers specific request (despite valid type test certificates are available with
bidder) for offered design of transformer.
2.17 For forced air-cooling system of power transformers (Refer, Cl. 7.0 of spec 6-51-
0041), bidder to note the following:-
Marshaling box cum cooling control panel may installed on the body of the
transformer or be separate free standing type to be located near the transformer
within the same transformer bay. Necessary cabling between transformer /
marshalling box and the transformer cooling control panel shall be provided by
bidder.
2.18 Oil filling in the transformers including provision of all tools & tackles, pumps, filtration
equipments/ machines for improving the insulation strength of oil etc. shall be carried
out by the vendor. Pre-Commissioning tests & commissioning of each of the
transformers shall be done by the vendor.
2.19 Vendor shall develop tag. Number wise datasheets for various transformers as per
list of Tag numbers enclosed with this Technical amendment.

3.0 Specific Requirements:


3.1 Oil Filled Power Transformers
3.1.1 All Oil filled power transformers shall meet the requirement of enclosed EIL
specification, IEC and other relevant International standards.
3.1.2 Transformer shall be capable of withstanding the short circuit stresses due to terminal
fault on the winding with full terminal voltage maintained on the other winding for a
period of minimum 3 seconds.
3.1.3 Transformer shall be three phase type. Individual single phase transformers are not
acceptable.
3.1.4 Transformer shall be provided with online condition monitoring & trending of
transformer parameters. On line oil conditioning monitoring system shall be provided
for the transformer. A valve or other suitable means shall be provided to fix the on line
dissolved gas monitoring system to facilitate continuous dissolved gas analysis. The
location & size of the same shall be finalized during detail engineering stage. This
condition monitoring system shall have facilities to be hooked up to owner electrical
control system (ECS).
3.1.5 Transformers shall be designed for the following over fluxing withstand capability:
110% - Continuous
125% - For 1 minute
140% - For 5 seconds
150% - For 2 seconds
170% - For few cycles
3.1.6 Transformers shall operate below the knee of the saturation curve at 110 percent of
rated voltage to preclude ferro-resonance and non-linear oscillations.

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DOCUMENT No.
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Rev. A
INSTRUCTIONS TO VENDOR Page 4 of 16

3.1.7 Starting from hot condition, transformers shall be capable of remaining in operation at
full load for not less than 10 minutes after outage of all forced cooling.
3.1.8 Short circuit withstand capability of transformer shall be proved by calculations
applying latest recommendations of IEC and relevant CIGRE standards SC 12.
3.1.9 Manholes with bolted covers of adequate size shall be provided for easy access to
the lower ends of bushings, tap changers and to permit replacement of auxiliaries
without removing bell tank cover. The inspection covers shall not weigh more than 25
kg. Handles shall be provided on the covers to facilitate lifting.
3.1.10 Adequate space shall be provided at the bottom of the tank for collection of
sediments.
3.1.11 Sludge valves at bottom most point of tank to be provided for easy flush out of sludge
during maintenance.
3.1.12 Foundation and Anti Earthquake Clamping Device
To prevent transformer movement during earthquake, suitable clamping devices shall
be provided for fixing the transformer and reactor to the foundation
3.1.13 The under-carriage of the transformer shall have provision for bidirectional flat rollers
Wheels shall be provided with suitable bearings which will resist rust and corrosion
and shall be equipped with fittings for lubrications. It shall be possible to swivel the
wheels in two directions, at right angles to or parallel to the main axis of the
transformer, thereby permitting movement in two directions. The Wheels will be
swiveled after jacking the transformer and they shall be lockable in the two positions.
3.1.14 Cable box
For termination of 66KV cables suitable cable box shall be provided on the
transformer. Cable box shall be of type tested design and shall meet all requirements
as per relevant IEC & other relevant standards.
3.1.15 Core frame to body connection shall be done by providing 17.5 kV 250 Amps bushing
on top of tank. Alternative arrangement, if provided for Core IR measurement shall be
accessible and shall not require lowering of transformer oil.
3.1.16 For OLTC, The following alarm initiating devices shall be provided. The alarms will be
annunciated on OLTC panel. Potential free contacts (2 NO) shall be available for
Owner’s use, for each of the following conditions :
a) OLTC 415V AC supply failure
b) Drive motor tripped
c) Tap change delayed
d) Extreme tap position reached
e) Low oil level in OLTC conservator
3.1.17 All routine tests as per the relevant IEC/BS shall be conducted. Type test reports of
all type tests carried out on similar type of OLTC shall be submitted.
3.1.18 Transformer Oil
a) The oil shall be uninhibited type, free of additives, acids and with properties
complying with the latest revision of IEC.
b) Un-inhibited Naphthenic based EHV grade transformer oil for first filling of
transformers shall be supplied in effectively sealed non-returnable containers.
c) The characteristics of EHV grade transformer oil shall be as per latest revision
of IEC.
d) Entire quantity of oil shall be from one manufacturer only.
e) No inhibitors shall be used in the oil
f) For the first filling of the transformer at site including wastages, the
CONTRACTOR shall supply only fresh oil and not the oil used during testing
and drying of the transformer in his works.
3.1.19 OLTC shall be in external tank.
3.1.20 2 Nos. of ladder assemblies (for each transformer) shall be provided to reach the top
of the transformer for maintenance work. The ladders should be lockable type to
prevent unauthorized use. The ladder size shall be 2 inch BSP pipe. The ladder

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DOCUMENT No.
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Rev. A
INSTRUCTIONS TO VENDOR Page 5 of 16

supporting arms shall be of Min 2 inches BSP pipe (for holding both hands). The rung
plates shall be of MS and thickness of plates shall be minimum 12 mm with anti-
skidding facility. Total no. of rungs and depth and width of rung plates and ladder
shall be decided during detailed engineering.
3.1.21 Sweep Frequency Analysis Test at Factory in case required this test shall be carried
out at site.
3.1.22 Design review by specialist agency –this shall be included in the base offer itself. All
design details sought by the specialist agency shall be provided. The bidder shall
inform the name of agency in their offer alongwith its PTR and same shall be subject
to DORC/EIL approval.
3.1.23 A non-return valve shall be provided in the oil pipe between conservator and
transformer tank to stop oil flow from conservator in case of fire in the transformer
bay.
3.1.24 The OLTC shall be suitable for bi-directional power flow.
3.1.25 OLTC shall be provided with Oil filter units.
3.1.26 Oil for OLTC shall be separated from main conservator oil through separate
compartment in conservator.
3.1.27 Transformers shall be provided with online dissolved gas monitoring system. Vendor
is required to furnish all details this monitoring system along with offer for owner’s
evaluation/acceptance.
3.1.28 Transformers shall be provided with an oil preservation system using air bag cell
inside the conservator. Bidder shall furnish necessary details of air cell during detail
engineering.
3.1.29 A suitable system shall be provided for monitoring the healthiness of air bag.
3.1.30 Transformers shall be provided with 8 Nos of optical sensors for online measurement
of hot spot temperature.
3.1.31 Bidder shall furnish the transportation procedure of the transformers during detail
engineering i.e. whether transformer will be transported with or without insulating oil.
Bidder shall also indicate the facility provided for preventing the
accumulation/absorption of moisture during transportation and storage at site.
3.1.32 Bidder shall ensure that both these transformers have identical impedances at all
tappings.
3.1.33 Tappings and coils shall be arranged as to preserve as far as possible the magnetic
symmetry of the windings.
3.1.34 The windings, their connections and supports shall be designed and constructed to
withstand without damage the effect of external short circuits in accordance with IEC
60076.
3.1.35 Transformer shall be capable of withstanding the short circuit stresses due to terminal
fault on the winding with full terminal voltage maintained on the other winding for a
period of minimum 3 seconds.
3.1.36 Each tank shall be provided with a minimum of four jacking pads in accessible
position to enable the transformer complete with oil to be raised or lowered using
hydraulic jacks. Each jacking pad shall be designed to support with an adequate
factor of safety for at least half of the total mass of the transformer filled with oil
allowing in addition for maximum possible misalignment of the jacking force to the
centre of the working surface. Suitable haulage holes shall be provided.
3.1.37 It shall be possible to completely bypass one radiator bank for maintenance while
keeping the other bank in service.
3.1.38 The transformer shall have minimum two radiator banks. Each bank shall have
maximum 75% of total cooling requirement. The radiator shall be detachable type
with top and bottom isolation. It shall be provided with drain and air release plug and
lifting lugs. It shall be designed to withstand the vacuum and pressure conditions that
of main tank.
3.1.39 Each tank shall be provided with suitable number of lifting lugs (Minimum four Nos.)
of adequate size to lift the complete transformer when filled with oil without structural

Form