DACHOMO 2 HYDROPOWER PROJECT BIDDING DOCUMENST – PACKAGE NO.

DACHOMO 2 HYDROPOWER PROJECT

PACKAGE NO. 2

Design, Engineering, Manufacture, Supply, and Supervision and

Guidance of Erection, Testing & Commissioning of Electro-
Mechanical Equipment

PART 3
CONDITIONS OF CONTRACT AND
CONTRACT FORMS

CHAPTER VII
SPECIAL CONDITIONS OF CONTRACT

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Chapter VII – Special conditions of contract
DACHOMO 2 HYDROPOWER PROJECT BIDDING DOCUMENST – PACKAGE NO. 2

PART 3. CONDITIONS OF CONTRACT AND CONTRACT

FORMS
CHAPTER VII. SPECIAL CONDITIONS OF CONTRACT

The Purchaser / Employer is: Bong Lai Hydropower Joint Stock

GCC 1.1
Company

The Supplier / Contractor is:______[Insert name of the successful

GCC 1.3
Bidder]

GCC 1.11 The Project Site(s)/Final Destination(s) is/are: Dachomo 2

Hydropower Project located in Da Don commune and Phi To
commune, Lam Ha district, Lam Dong Province, Vietnam.

GCC 2.8 The following documents are integral parts of the Contract: Other
related documents.

GCC 4 The Purchaser may assign their obligations to other entities.

GCC 5.1 For notices, the Purchaser’s address shall be:

Attention: Mr. Vo Dinh Tung / Director

Address: 282 Bui Thi Xuan, Ward 2, Da Lat city, Lam Dong
province, Vietnam.

Telephone: ____________

Fax: _______________

Email address:_________________

GCC 6.1 - Method for Performance Security: The Supplier shall be required
to provide a Performance Security in the form of a Bank
Guarantee issued by a bank or a financial institution legally
operating in Vietnam. Bank Guarantee issued by a bank or a
financial institution without any condition (payment at the
request, using the Form 21 of Chapter VIII - Contract Forms).

- The amount of the Performance Security: 10% of the Contract

Price.

- Effect of the Performance Security: The Performance Security

shall take effect from the effective date of the Contract until all
Goods are delivered, technical services complete, the acceptance
report have signatures of the Purchaser and the Supplier, and the

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Supplier is going to perform warranty obligation as prescribed.

GCC 6.2 Deadline for refunding Performance Security: Within 30 days after
the Supplier submits Warranty Security.

GCC 7.1 List of subcontractors:_________[insert the List of subcontractors

that is consistent with the list in the Bidding Documents].

GCC 7.3 Other requirements applied to subcontractors: None.

GCC 8.2 Time for conciliation: 30 days.

Settlement of disputes: Disputes shall be settled by the rule of the

International Arbitration Center beside Vietnam Commercial and
Industrial Chamber if the Contract is signed between the Purchaser
and foreign Bidder.

GCC 10 The Supplier must provide following information and documents on

shipment:

For Goods supplied from abroad:

(a) Seven (7) days prior to each shipment, the Supplier shall notify
the Purchaser and the Insurance Company by Facsimile or Telex
or E-mail the full details of the shipment. When the goods is
packed in the container with the weight over or equal to ten (10)
tons or size over or equal to ten (10) m, the Supplier shall notify
the Purchaser of the weight and the size of the container thirty
(30) days prior to shipment and undertake to rent the vessel
having full capacity to load the goods.

The notice of shipment shall comprise the following details:

1. Contract name and number
2. Description of goods
3. Number of packages and description
4. Gross/net weight
5. Volume in total
6. Estimated dimension
7. Port of Loading
8. Shipment date (estimated)
9. Name and address of Shipping Agent at port of unloading
10. All other data that deem necessary.

As soon as practically possible, after sending the notice of

shipment by the Facsimile or Telex or E-mail, the Supplier shall
send it by post to the Purchaser.
(b) As soon as practically possible after each shipment, the Supplier
shall mail the following documents to the Purchaser, with a
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copy to the Insurance Company:

(i) One (1) original and five (5) copies of the Supplier’s
invoice showing Goods’ description, quantity, unit price,
and total amount;
(ii) One (1) original and five (5) copies of the negotiable, on-
board bill of lading marked “freight prepaid” issued by the
shipping company;
(iii) One (1) original and five (5) copies of the packing list
identifying contents of each package;
(iv) One (1) original and five (5) copies of Insurance certificate;
(v) One (1) original and five (5) copies of the manufacturer’s
factory inspection report; and
(vi) One (1) original and five (5) copies of certificate of origin.

The above documents shall be received by the Purchaser at least one

week before arrival of the Goods at the port or place of arrival and,
if not received, the Supplier will be responsible for any consequent
expenses.

For Goods supplied from within Viet Nam:

Prior to each delivery, the Supplier shall notify the Purchaser and
mail the following documents to the Purchaser:
(a) Two (2) original and five (5) copies of the Supplier’s
invoice showing Goods’ description, quantity, unit price,
and total amount;
(b) The original and five (5) copies of delivery note, railway
receipt, or truck receipt;
(c) The original and five (5) copies of the manufacturer’s
factory inspection report; and
(d) The original and five (5) copies of certificate of origin (to be
applied only for prior imported Goods; not applied for
Goods manufactured in Vietnam).

The above documents shall be received by the Purchaser before

arrival of the Goods and, if not received, the Supplier will be
responsible for any consequent expenses.

GCC 12.1 Type of contract: Lump-sum contract

GCC 12.2 The Contract Price:________[insert the Contract Price specified in

the Notification of contract award].
GCC 13 Adjustment to contract price and quantity of contract: Not
applicable.

GCC 14 Tax adjustments: During the Contract performance, whenever there

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is any change in the tax policy or tax rate, the VAT will be applied
with the new tax rate. The Supplier shall attach documents on such
change issued by the Ministry of Finance upon payment.

GCC 15.1 Advance payment:

After the Contract becomes effective, the Purchaser shall pay to the
Supplier with the equivalent amount 10% of total Contract Price within
30 days after the Purchaser receives the following documents:
(a) Application for advance payment: two (02) originals.
(b) Performance Security using the form specified in the Bidding
documents.
(c) Bank's Security of advance payment with the price in
accordance with the above advance payment using the form
specified in the Bidding documents.

GCC 16.1 Method of Payment:

1. General requirement
- The Purchaser will establish an irrevocable Letter of Credit (L/C)
covering one hundred percent (100%) of goods and services price
excluding CIT and PIT that supplied from abroad issued by Bank
………. for payment made as work progresses and final payment,
within thirty (30) days after Effectiveness the dated of the Contract.
The L/C shall be valid for the full period of time necessary to effect
the payment or 18 months from its issuing date, whichever comes
earlier.
- All of the work schedule of the Supplier will be postponed
accordingly for such period delayed if the Purchaser delays issuing
the L/C, the Performance security will be expired if the Purchaser
fails issuing the L/C within 60 days from the date of the Contract
singing. The Purchaser is obligated to send an official written notice
to the Supplier within 30 days from the day of effective day of
Contract about the actually time schedule for opening the L/C.
- If the Purchaser established after 60 days from effective day of
Contract, the Supplier shall re-open the Performance security with
any relative fees shall be borne by Purchaser.
- Other information of the Purchaser’s bank issued the L/C:
Bank Address: ……………..
Tel.: ……………..
Fax.: …………………..
Account name: Bong Lai Hydropower Joint Stock Company
Account number : ………………
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Swift Code: ……………….

- The Letter of Credit shall be forwarded through the Supplier’s
Bank as follows:
Bank Name: ……………….
Bank address: ……………….
Tel: ……………….
Fax: ……………….
Beneficiary’s name: ……………….
Address: ……………….
Tel: ……………….
Fax: ……………….
Account number: ……………….
Swift Code: ……………….
Telex No.: ……………….
- Regarding the bank account change of the Supplier, the Purchaser
will confirm the updated bank account information/documents and
proceed with the change for all of the related documents within 10
days upon receipt.
- Payment for the goods and services supplied by from
subcontractor in Vietnam shall be made in Vietnam Dong. The
goods by from abroad shall be made in USD.
- All banking charges for opening L/C and banking charges inside
Vietnam shall be borne by the Purchaser. All banking charges
outside Vietnam shall be borne by the Supplier.
2. Progress Payment
a) For the goods supplied by from abroad:
Seventy percent (70%) of CIF amount of prorata for each shipment
Payments shall be made promptly after the bank receives the
following valid documentations:
One (01) originals and five (05) copies of Claim for payment.
Three (03) originals and three (03) copies of the Supplier’s
Commercial Invoice, and indicating the Contract
Number, Equipment’s description, quantity, unit price,
and total amount;
2/3 of set of originals and two (02) copies of the legal negotiable,
Shipped on board Bill of lading (B/L) made out “To
order of the L/C issuing bank” marked “freight prepaid”;

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Three (03) originals and three (03) copies of the detailed Packing
List (P/L) identifying contents of each package;
One (01) original and two (02) copies of Insurance
policy/certificate;
Three (03) originals and three (03) copies of Certificate of Quality
and Quantity issued by the Manufacturer; and
Three (03) duplicates of Certificate of Origin (C/O) issued by the
Chamber of Commerce or by relevant authority of the
country where the Equipment were manufactured for
each main item of equipment.
b) For the goods supplied by from within Vietnam
Payments shall be made promptly by the Purchaser, no later than
thirty (30) days after the Purchaser receives the following valid
documentations. Seventy percent (70%) of the goods price shall be
directly paid by Telegraphic transfer remittance (TTR).
i. One (01) original and five (05) copy of Claim for payment.
ii. One (01) original and five (05) copies of the Subcontractor’s
MOF-format Invoice indicating Contract Number, Equipment’
description, quantity, unit prices and total amount;
iii. Three (03) originals and three (03) copies of the detailed Packing
List (P/L) identifying contents of each package;
iv. One (01) originals and two (02) copies of Site Delivery Report
stating “Equipment has been delivered at Site” that issue by The
Purchaser.
c) Payment on Operational Acceptance:
The twenty percent (20%) of the Contract price of the Goods shall
be paid to the Supplier within thirty (30) days from the date of
issuing Operational Acceptance Certificate (OAC) that shall be
issued after 72 hours successfully operation of such goods by
Purchaser and receiving below valid documentations:
i. One (01) original and five (05) copy of Claim for payment;
ii. Three (03) originals and three (03) copies of the Operational
Acceptance Certificate issued by Purchaser;
iii. One (01) original and three (03) copies of the Supplier’s
warranty certificate and warranty security valued 5% of Contract
price.
d) Payment for services:
Within thirty (30) days from the date of completion of each service
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item and receiving the following valid documentations, the

Purchaser shall pay to the Supplier one hundred percent (100%) of
the price of such service.
i. One (01) original and five (05) copies of Claim for payment;
ii. One (01) original and five (05) copies of Supplier’s Commercial
Invoice;
iii. One (01) original and five (05) copies of Minutes of Accentance
of Services signed by relevant parties and satisfactory to Purchaser’s
Agent.
e) Payment in case delay of installation and construction time
schedule:
+ After 6 months from the last delivery of good to deliver at site, if
there is any delay in time schedule of installation or construction
service which the equipment cannot installation, testing,
commissioning or operation:
- 15% of equipment price will be paid when Supplier submission
one (01) original and five (05) copies Claim for Payment.
- 5% of equipment price will be paid when Supplier submission of
the following documents:
i. One (01) original and five (05) copy of Claim for Payment
ii. Three (03) originals and three (03) copies of the Operational
Acceptance Certificate issued by Purchaser;
iii. One (01) original and three (03) copies of the Supplier’s
warranty certificate and warranty security valued 5% of Contract
price.
+ After 24 months from the last delivery of good to deliver at site, if
there is any delay in time schedule of installation or construction
service which the equipment cannot installation, testing,
commissioning or operation: 5% of equipment price will be paid
when Supplier submission one (01) original and five (05) copies
Claim for Payment.

GCC 20 Packing:
The Supplier shall provide such packing of the Goods as is required
to prevent their damage or deterioration during transit to their final
destination, as indicated in the Contract. The packing shall be
sufficient to withstand, without limitation, rough handling during
transit and exposure to extreme temperatures, salt and precipitation
during transit, and open storage. Packing case size and weights shall
take into consideration, where appropriate, the remoteness of the
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Goods’ final destination and the absence of heavy handling facilities

at all points in transit.
The packing, marking, and documentation within and outside the
packages shall comply strictly with such special requirements as
shall be expressly provided for in the Contract, including additional
requirements, if any, specified in SCC, and in any subsequent
instructions ordered by the Purchaser.
The whole of the Goods shall be packed or bundled properly so that
no damage shall be sustained during overseas and inland
transportation to the tropical country and rough handling.
The contents of packing cases shall be securely fixed or fastened in
position in their cases with struts or cross battens. Sample cases shall
be opened after packing to prove no movement of the contents.
Wood fibre shall not be used for packing purpose.
All wood and other materials used in packing cases shall be insect
free. Adequate protection and precaution are to be taken to exclude
termites and other vermin, noxious insects, larvae or fungus from the
packing materials.
The Supplier shall protect all steelworks before shipment, to prevent
corrosion and/or damage. Bundles of steel sections shall be properly
tied together by an approved method and care shall be taken to
ensure that they are robust and that they can be handled easily
during shipment.
Packing cases where used shall be strongly constructed and in no
case shall timber less than 25mm in thickness be used. Cross battens
supporting weight in any direction shall not rely for their support on
nails or screw driven lengthwise into grain of the wood, but shall be
supported by cleats secured from the inside.
Waterproof papers and felt linings shall overlap at seams and the
seams secured together in an adequate manner, but the enclose shall
be provided with screened openings to obtain ventilation.
All cases, packages, bundles, etc., shall be bear at least the
identification mark relating to the appropriate shipping documents,
the contents and total weight. The identification marks on the
outside manufacturer’s name, type of equipment shall be waterproof
and permanent.
Such shipping marks on the outside of casings or on the metal tags
attached to bundles shall be protected by shellac or vanish to prevent
obliteration in transit. All items of material and equipment shall be
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clearly marked for easy identification against the packing list.

The Purchaser reserves the right to inspect and approve the packing,
before the items are dispatched, but such inspection will not
exonerate the Supplier from any loss or damage due to faulty
packing. The Supplier shall be entirely responsible for ensuring that
the packing is suitable for transit and the Supplier shall bear in mind
that it will be shipped, stored in harsh environment during a long
period.
The shipping mark shall consist of the following information in
sequence and in frame commensurate with the size of package:
Consignee: Bong Lai Hydropower Joint Stock Company.
Project name: Dachomo 2 Hydropower Project
Contract No.: .............................................
Port and/or Airport/or Frontier of destination: .................
Name of Province; Name of site: ...........................................
Manufacturer:.............................................
Item No.... package No. in sequence.........................................
and quantity per package .............................................
Description of contents: .............................................
Net & gross weight, cubic measurement .................................

In case the weight is over 2 tones, all lifts shall be marked to show
where slings should be placed.

The following marking has to be put on outside each case:

Package No:
Purchaser's name
Supplier's name
Project’s name
Contract’s name

GCC 21 Insurance:
a) For Goods supplied from aboard, the Insurance shall be in an
amount equal to 110% of CIF price of Goods from the Supplier's
storage to port + landed on "all risk" (including insurance for
unloading of the Goods at the port) basis including War Risks and
Strike.
b) Only one Insurance policy shall be issued for each shipment.
In insurance policy of each shipment shall include but not limited to
the followings:

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i/ Insurance value and premium

ii/ Insurance conditions
iii/ Beneficiary: ... company.
iv/ Description of the Goods
v/ Name/number of the Contract
vi/ B/l No. and name of vessel
vii/ Departure port; destination port.
viii/ The currency of payment in Vietnam is currency of Insurance
policy.
ix/ International loss Adjuster in Vietnam: by Buyer select as
regulation of Contract.
x/ The Insurance Company in Vietnam: shall be approved by the
Purchaser.
c) The Supplier shall be responsible to cooperate with the Purchaser
to furnish Insurance Company with necessary information and
documents in case of occurring loss and/or damage.
d) Payment of compensation stipulated in insurance contract/policy
shall be paid in USD. In any case, all costs and expenses shall be
borne by the Insurance Company issuing the contract/policy.
e) Claim procedure to Insurance Company as follows:
Upon occurring loss, damage to the Goods, the Purchaser shall send
a written notification enclosing relevant delivery documents to
Insurance Company within thirty (30) days from occurring loss
and/or damage. The Survey Report on loss and damage shall be legal
valid for compensation settlement. Upon receipt of the Purchaser’s
notification, within 02 days, the Insurance Company and assess
company shall be present promptly at delivery place as specified in
the Purchaser’s notification together with the Supplier, the Purchaser,
and/or shipping agency in order to define the inspection result on loss
and damage of the Goods. Having defined cause and extend of loss
and damage, in case loss and damage is under the insurance contract,
the Insurance Company shall promptly settle the payment for the
Purchaser within forty five (45) days from signing the conclusion
minutes on loss and damage between above mentioned relevant
Parties.
f) The insurance for the Supplier's personnel for execution of the
Contract shall be born by the Supplier.

GCC 22 Shipment requirements:

- Destination place of overseas goods: Ho Chi Minh Port with

CIF term (Incoterms 2010)

Goods shall be transported on ships of Class A standards,

under 15 years of operation by reputable Carriers. The
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Supplier shall send to the Purchaser the Contract for the hire
of the ship for each consignment prior to shipment. If a cargo
ship does not meet the required standards, causing damage to
the goods during the transportation, the Supplier shall be
liable to make a claim for damages to the Carrier for the
Purchaser as soon as possible.

- Destination place of domestic goods: Dachomo 2

Hydropower Project located in in Da Don commune and Phi
To commune, Lam Ha district, Lam Dong Province,
Vietnam.

GCC 23.1 Inspection and tests:

a/ The pre-shipment inspection and testing shall be conducted as

follows:

(i) All materials and equipment shall be inspected to confirm the response
of the specifications as required.

(ii) Within thirty (30) days from the date of valid Contract, the Supplier
shall send to the Purchaser a list of inspection / tests to be carried out by
the Supplier. In that list, the Purchaser shall choose and decide to witness
specific inspection / tests.

(iii) No later than 30 (thirty) days prior to the carrying out of the
inspection / tests, which has been confirmed by the Purchaser as requiring
the witness of the Purchaser, the Supplier shall notify in written to the
Purchaser about the date, time, place and contents of the inspection / tests.

(iv) No later than 15 (fifteen) days prior to such inspection / tests, the
Purchaser shall notify in written to the Supplier regarding to take part in
witness of such inspection / tests.

(v) The Supplier shall facilitate the representative of the Purchaser at any
time during the working hours to witness the inspection / tests at the
Supplier’s factory.

(vi) All costs incurred in connection with the inspection, training and
witnessing the testing at the Supplier 's workshop, including travel
expenses, accommodation, are included in the Contract price and
Specified in Appendix of the Contract.

(vii) However, the Purchaser witnesses the inspection / tests shall not be
reason for exempting any obligations of the Supplier under the Contract.

b / Inspection while receipt of goods

When delivering goods at the port of destination, delivery of goods at
the site and during the installation of the equipment, the Supplier shall
have a representative to co-ordinate with the Purchaser witnessing the
goods delivery, inspection of goods and make a record of goods
delivery between the Supplier and the Purchaser. In case the Supplier
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is absent when delivering goods at above mentioned delivery

destination or / and the Supplier refuses to sign the Goods delivery
record, the Inspection Certificate issued by a Vietnam authorized
agency will be a full legal proof to complain to the Supplier and other
related parties such as the Insurance Company and the Carrier.

+ Inspection of Goods at Port.

Upon the arrival of the Goods at port, it shall be performed
procedures as per regulations on inspection of imported goods.
Imported Goods shall be inspected by competent authority of
Vietnam in respect of quantity, quality and conditions of the
Goods on the following situations:
(i) the Goods are not intact;
(ii) the Goods are broken;
(iii) the Goods are suspicious.
A Survey Report issued by a competent inspection authority of
Vietnam and Minutes of delivery will be used for the purpose of
claiming.

+ Inspection of Goods at Site

i) For intact Goods or Goods are able to be sealed under the
Inspection Authority at the port of destination, upon the arrival of
the Goods at the Purchaser’s store on the Site, the Purchaser shall
notify the Supplier in writing the date, time and venue so that the
parties’ representatives shall open Goods boxes and make a
mutual Minutes of delivery at the Site:
- Seal Intact Goods boxes or sealed Goods boxes;
- Quantity and kind of Goods is in conformity with the
attached Packing list;
- Quality of Goods: brand new or not, origin thereof in
accordance with the Contract.
ii) In case of discrepancy in the quantity and quality of goods to
the requirements as agreed in the Contract, Inspection report of
inspection unit and Minutes of delivery shall be used for
claiming purposes, if any, against the insurance company or the
carrier or the Supplier.
Claims with supporting documents shall be made by fax or
registered mail to the Supplier not later than thirty (30) days after
the Inspection report and Minutes of delivery Certificate signed
by the inspection authority of unloading of goods.
Whenever such claim is proved to be of the Supplier’s
responsibility, the Suppliers shall notify the Purchaser of the
results within thirty (30) days after receiving the Purchaser’s
claim.
In case of nonconformity or discrepancy of the received Goods
according to the Contract, the Supplier is liable to supply at its
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own expense of the required replacement of the defective goods

as soon as practically possible after receiving the Purchaser’s
claim based on the CIF + landed at port. The Purchaser will send
back the nonconforming goods at the Supplier’s request and
expense.
In case the Supplier does not supply new equipment within above
period, the Purchaser has right to buy the equipment from other
sources. Additional cost shall be borne by the Supplier.

+ Inspection at during Installation

In general, the scope of testing and inspection shall be in
accordance with the Technical Specifications.
In process of installation, the Supplier’s Supervisors and the
Purchaser’s Consultants shall participate in supervision of
process of installation. In case of occurrence of Goods’ deviation
and defection in comparison with the Contract conditions, a
minutes made by both Parties shall be a basis for claim by the
Purchaser to the Supplier.
In case of discrepancy of opinions between Supplier’s
supervisors and the Purchaser’s consultants, the Purchaser shall
have a right to claim to the Supplier without agreement of the
Supplier’s supervisors.
In process of equipment installation, an “Equipment Installation
Record” shall be made by both Parties, such Report is a basis for
after testing and taking-over. Within fifteen (15) days after
receipt of claims from the Purchaser, the Supplier shall have
answer, and if the Supplier fault is certified, the Supplier shall
supply new equipments meeting technical requirements of the
Contract within period of time agreed by both Parties.
In case the Supplier does not supply new equipments within
above period, the Purchaser has right to buy the equipments from
other sources. Additional cost shall be borne by the Supplier.
All the inspection and tests of Goods performed during and after
installation at Site shall be in accordance with the requirements
specified.

+ Inspection cost
In event of conformity with the goods to the Contract in respect with
quantity and quality, all inspection cost shall be borne by the Purchaser.
Referring to items in this Article, all inspection cost shall be borne by
the faulty party.
+ Procedures for complaints in case of loss and loss of goods
If there is a difference in quantity and quality of the goods or part of
the goods compared with provisions in the Contract, the Inspection
Certificate shall be used to complain with the insurance company
and the Carrier or the Supplier.
All complaints and related documents will be made by fax or mail to
the Supplier or sent directly to the Representative Office of the
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Supplier in Vietnam.
The Supplier shall reply to the Purchaser regarding the settlement of
such complaint within 10 (ten) days from the date of receipt of the
complaint of the Purchaser.
If the goods received do not conform to the provisions of the
Contract, the Supplier shall provide at free of charge the other goods
together with the necessary procedures for replacing the unsuitable
goods within Forty-five (45) days from the date of receipt of the
Purchaser's complaint under CIF + unload at the destination port. If
the replacement period is longer than the stated deadline, the two
parties will agree in written. Purchaser will return to the Supplier the
quantity of the unsuitable goods at the request and expense of the
Supplier.
If the Supplier does not supply or supply not in time the equipment
as specified above, the Purchaser shall have the right to procure
equipment from other sources and to refuse the respective equipment
of the Supplier. Additional costs will be borne by the Supplier.

GCC 24 Liquidated Damage, punishment in violation of the Contract:

 The liquidate damage is 0.5% of the Contract price of 01 lot of
Goods per delayed week
 The liquidate damage is 0.5% of value of technical services of the
Contract for a delayed week about technical services.
 Total of the penalty as above shall not be exceeded 10% of
Contract value. In case of total of the liquidate damage as above exceed
10%, the Purchaser shal have unilaterally right terminate the Contract due
to fault of Bidder.
 Breaching of conditions on Contract Services includes, but does
not limit the following conditions:
(a) The Supplier provides drawings and embedded parts in slow
manner that affect the progress of construction work of the
Purchaser
(b) The Supplier stops his work in 30 days without being
specified in the present plan and being allowed by the
Purchaser.
(c) The Supplier fails to repair a defect or a concrete error within
a reasonable time as specified by Purchaser after the
Purchaser issues a request’s notification.
(d) The Supplier delays to submit the drawings of Project
completion.
 Penalty on efficiency, output
The Supplier shall guarantee the output and efficiency of the offered
turbines, generators and transformer in the bid. If the Supplier do not
perform the correspondent value of guaranty the Supplier shall pay to the
Purchaser the following amount of liquidated damage:
(a) Efficiency of the turbine and generator.
▪ The penalty is 10,000 USD on per 0.1% gap point of the
turbine efficiency confirmed by testing at Site in comparison
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DACHOMO 2 HYDROPOWER PROJECT BIDDING DOCUMENST – PACKAGE NO. 2

with each turbine's guaranteed performance as Contract.

▪ The Purchaser has the right to refuse turbines if the
measured efficiency is >=1% lower than the guaranteed one
as Contract.
▪ The penalty is 10,000 USD on per 0.1% gap point of the
generator efficiency confirmed by Testing at Site in
comparison with each generator's guaranteed performance as
Contract.
▪ The Purchaser has the right to refuse generators if the
measured efficiency is >=1% lower than the guaranteed one
as Contract.
(b) The insurent rated output of units:
▪ The penalty is 10,000 USD on per 2.5kW (0.1%) gap point
of each unit’s guaranteed output confirmed by Testing at
Site in comparison with each unit's guaranteed output as
Contract.
The Purchaser has the right to refuse the unit if measured
output lower comparison with guaranteed output as Contract
of each unit from 25kW above.
▪ Transformer:
- The loss of transformer
The value of currency evaluates the losses of a power
transformer, as followings (in according to ADB) :
A = 4,000USD x B + 2,000USD x C
Therein: A: Evaluation value by currency

B: Off-load loss increase compared with

specified value in Contract (KW).

C: On-load loss increase compared with

specified value in Contract (KW).
The transformer's losses shall be measured by the
common tests. After the tolerances are applied, the
currency value of the measured losses shall be made
allowance for the Contract price.
If the measured losses are less than the guaranteed
values, the Purchaser is not responsible for any
additional expense.
- Refuse: During the test, the Purchaser can refuse the
transformer by the following reasons:
 If any loss exceeds 30% of the guaranteed value.
 If the short-circuit impedance exceeds 10% of the
guaranteed value.
0
 If the increasing of temperature exceeds 10 C of the
specified value.

GCC 25.1 Other Good guarantee requirements: Goods are manufactured after
December 31st, 2017

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DACHOMO 2 HYDROPOWER PROJECT BIDDING DOCUMENST – PACKAGE NO. 2

GCC 25.2 Warranty:

- This warranty shall remain valid for 24 months from the date of
equipment's operation and Purchaser issuing Certificate of
Temporary Taking-over. If Goods have to be repaired or replaced in
the warranty period, the warranty periods of repaired or replaced
equipment shall be 24 months from the date of acceptance such
repair or replacement by the Purchaser. Incase the equipment can
not be assembled on time schedule, validity of warranty period shall
be forty (40) months from the date of final good receiving.
- Guarantee amount: After the Goods are installed, commissioned,
granted temporary taking-over and completeness approval, the
Supplier shall submit a Warranty Guarantee equivalent to 5% of the
Contract value to ensure its warranty obligations.

- The Warranty Guarantee will be returned to the Supplier 30 days

after the completeness of the warranty period.

- The Purchaser shall inform Bidder within 5 days about damages,

arising defect. Time to repair damages, defects in the process of
using goods within warranty period is 30 days from receiving the
Purchaser’s notice. Costs shall be paid by Supplier.

GCC 27.1(e) Other contents in terms of Contract revisions: None

GCC 28.4 Other cases: None

GCC 29.1(d) Other acts: None

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