RFP-TD-4022-Consultancy Services For GIS Station
RFP-TD-4022-Consultancy Services For GIS Station
RFP-TD-4022-Consultancy Services For GIS Station
for
Consultancy Services for the
Design, Tendering, Implementation
and Site Supervision Works for the
construction of 66/132 kV GIS
substations
_______________________________
_______________________________
Procurement Reference No: RFP-TD4022
Issued on: 30 June 2016
Ref: SC/SRFP19-LS/02-16
Table of Contents
60
1.Introduction................................................................................
2.Background.................................................................................
3.Objective.....................................................................................
4.Scope of Services.......................................................................
5.Quotations for the Assignments.............................................
6.Time Frame.................................................................................
Section 6. Standard Forms of Contract
IV. Appendices
87
109
Yours sincerely,
Central Electricity Board
Introduction
3.
Preparation of Proposals
14
15
5.
Proposal Evaluation
20
Negotiations
22
Technical negotiations......................................................................
Financial negotiations.......................................................................
Availability of Professional staff/experts...........................................
Conclusion of the negotiations..........................................................
7.
Award of Contract
8.
Confidentiality
9.
Debriefing 25
24
24
Instructions to Consultants
Definitions
(a)
Government means
Republic of Mauritius.
the
government
of
the
(j)
1.1
1.2
1.3
1.4
Conflict of
Interest
1.5
1.6
Conflicting
Activities
(i)
Conflicting
Assignmen
ts
(ii)
Conflicting
Relationshi
ps
(iii)
Fraud and
Corruption
(ii)
In this context, any action taken by a consultant or a sub-consultant to influence the selection process or
contract execution for undue advantage is improper.
2
Another party refers to a public official acting in relation to the selection process or contract execution.
In this context public official includes World Bank staff and employees of other organizations taking or
reviewing selection decisions.
10
(iii)
(iv)
(v)
obstructive practice is
(aa) deliberately destroying, falsifying,
altering or concealing of evidence
material to the investigation or
making
false
statements
to
investigators in order to materially
the
Clients
investigation
into
allegations of a corrupt, fraudulent,
coercive, or collusive practice;
and/or threatening, harassing, or
intimidating any party to prevent it
from disclosing its knowledge of
matters relevant to the investigation
or from pursuing the investigation,
or
(bb) acts intended to materially impede
the
exercise
of
the
Clients
inspection and audit rights provided
for under paragraph 1.7.1 below.
(b)
(c)
A party refers to a public official; the terms benefit and obligation relate to the selection process or
contract execution; and the act or omission is intended to influence the selection process or contract
execution.
4
Parties refers to participants in the procurement or selection process (including public officials)
attempting to establish contract prices at artificial, non competitive levels.
5
Party refers to a participant in the selection process or contract execution.
11
1.7.3 Consultants
shall
furnish
information
on
commissions and gratuities, if any, paid or to be
paid to agents relating to this proposal and
during execution of the assignment if the
Consultant is awarded the Contract, as requested
in the Financial Proposal submission form
(Section 4).
1.7.4
A nominated sub-consultant, supplier, or service provider is one which either has been (i) included by the
Consultant in its proposal because it brings specific and critical experience and know-how that are accounted
for in the technical evaluation of the Consultants proposal for the particular services; or (ii) appointed by the
Client.
12
Eligibility
1.8
1.9
Origin of
Goods and
Consulting
Services
1.10
(ii)
14
Only one
Proposal
1.11
Proposal
Validity
1.12
2.1
2.2
2. Clarification
and
Amendment
of RFP
Documents
15
3. Preparation
of Proposals
3.1
3.2
3.3
While
preparing
the
Technical
Proposal,
Consultants must give particular attention to the
following:
(a) If a shortlisted Consultant considers that
it may enhance its expertise for the
assignment by associating with other
Consultants in a joint venture or subconsultancy, it may associate with either
(a) non-shortlisted Consultant(s), or (b)
shortlisted Consultants if so indicated in the
Data Sheet. A shortlisted Consultant must
first obtain the approval of the Client if it
wishes to enter into a joint venture with
non-shortlisted or shortlisted Consultant(s).
In case of association with non-shortlisted
Consultant(s), the shortlisted Consultant
shall act as association leader.
In case of a joint venture, all partners
shall be jointly and severally liable and
shall indicate who will act as the leader of
the joint venture.
For a Joint Venture to qualify for this
assignment the lead member of the Joint
Venture
shall
individually
satisfy
the
experience criteria related to this assignment
as defined by the Client.
The estimated number of Professional staffmonths or the budget for executing the
16
Technical
Proposal
Format and
Content
3.4
(c)
(d)
Financial
Proposals
(d)
(e)
(f)
(g)
3.5
3.6
Taxes
4. Submission,
Receipt, and
Opening of
Proposals
3.7
3.8
3.9
4.1
4.2
4.3
governs.
5. Proposal
Evaluation
4.4
4.5
The
Proposals
must
be
sent
to
the
address/addresses indicated in the Data Sheet
and received by the Client no later than the time
and the date indicated in the Data Sheet, or any
extension to this date in accordance with para.
2.2. Any proposal received by the Client after the
deadline for submission shall be returned
unopened.
4.6
5.1
5.2
Financial
Proposals for
QBS
5.3
Public
Opening and
Evaluation of
Financial
Proposals
(only for
QCBS, FBS,
and LCS)
5.4
5.5
request.
6. Negotiations
5.6
5.7
5.8
6.1
6.2
Financial
negotiations
6.3
Availability of 6.4
Professional
staff/experts
7. Award of
Contract
6.5
7.1
7.2
7.3
7.4
7.5
(ii)
8.
7.6
7.7
8.1
9.1
Confidentialit
y
9. Debriefing
26
27
1.2
1.3
1.4
28
Section 2. Instructions to Consultants- Data Sheet
1.8.1
1.12
Proposals must remain valid for 90 days after the submission date.
2.1
3.3 (a)
3.3 (b)
3.4
3.4 (g)
3.6
3.7
28
29
4.2
4.3
4.5
29
30
Section 2. Instructions to Consultants- Data Sheet
(i)
Minimu
m
Marks
Maximu
m Marks
15
6
6
6
10
10
10
Note:
(1) Bidders with 2 projects shall
score 2 marks; and
(2) Bidder with more than 2 projects
shall
score
one
mark
per
additional
project
up
to
a
maximum of 15 marks.
(ii)
30
Note :
The submissions will be
follows
a) Unsatisfactory
b) Good
c) Excellent
(iii)
31
evaluated as
: (0 Mark)
: ( 6 Marks)
: (10 Marks)
10
10
Protection Engineer
-
Minimum of 10 projects of
132kV or above for the last ten
years as protection engineer.
Substation Engineer
-
Minimum
of
indoor
GIS
31
32
Section 2. Instructions to Consultants- Data Sheet
6
10
3
5
Civil Engineer
-
Note:
(1) If the number of project is less
than the
minimum requirement,
zero (0) point will be allocated.
(2) Each professional staff satisfying
the minimum requirement will score
the minimum mark. For each
additional project one mark will be
assigned up to the maximum mark
per professional staff.
Overall Technical Proposal
55
100
33
The markings obtained for both the Technical and financial shall be
added together to determine the best evaluated bid.
6.1
7.5
33
34
36
A - Consultants Organization...........................................................36
B - Consultants Experience..............................................................37
Form TECH-3: Comments and Suggestions on the Terms of Reference and
on Counterpart Staff and Facilities to be provided by the Client
38
A - On the Terms of Reference..........................................................38
B - On Counterpart Staff and Facilities..............................................39
Form TECH-4: Description of Approach, Methodology and Work Plan for
Performing the Assignment 40
Form TECH-5: Team Composition and Task Assignments
41
44
42
35
Dear Sir/Madam:
(a)
(b)
(c)
(d)
(e)
(f)
36
1 [In case Paragraph Reference 1.2 of the Data Sheet requires to submit a Technical
Proposal only, replace this sentence with: We are hereby submitting our Proposal,
which includes this Technical Proposal only.]
2 [Delete in case no association is foreseen.]
36
37
37
38
B - Consultants Experience
[Using the format below, provide information on each assignment for
which your firm, and each associate for this assignment, was legally
contracted either individually as a corporate entity or as one of the major
companies within an association, for carrying out consulting services
similar to the ones requested under this assignment. Use around 20
pages.]
Assignment name:
Country:
Location within country:
Name of Client:
Address:
Firms Name:
38
39
39
40
40
41
41
42
42
Firm
Area of
Expertise
Position
Assigned
Task Assigned
42
43
Nationality:
10.
From [Year]:
To [Year]:
Employer:
Positions held:
43
44
11. Detailed
Assigned
Tasks 12.
Work Undertaken that Bes
Capability to Handle the Tasks Assigned
13.
Certification:
Day/Month/Year
44
45
Name of Staff
1
10
11
12
Total staff-month
input
Home Field3 Total
Foreign
1
[Hom
e]
[Field]
2
3
n
Subtotal
Local
1
[Hom
e]
[Field]
n
Subtotal
Total
1
2
3
For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.:
draftsmen, clerical staff, etc.).
Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.
Field work means work carried out at a place other than the Consultant's home office.
Full time input
Part time input
45
46
Activity1
Months2
1
10
11
12
1
2
3
4
5
n
1
2
Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and
other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks
separately for each phase.
Duration of activities shall be indicated in the form of a bar chart.
46
49
50
51
54
48
Dear Sir/Madam:
(a) We, the undersigned, offer to provide the consulting services for
[Insert title of assignment] in accordance with your Request for
Proposal dated [Insert Date] and our Technical Proposal.
Our
attached Financial Proposal is for the lump sum of [Insert amount(s)
in words and figures1]. This amount is inclusive of the local taxes
and TDS except VAT.
(b)Our Financial Proposal shall be binding upon us subject to the
modifications resulting from Contract negotiations, up to expiration
of the validity period of the Proposal, i.e. before the date indicated in
Paragraph Reference 1.12 of the Data Sheet.
(c) Commissions and gratuities paid or to be paid by us to agents
relating to this Proposal and Contract execution, if we are awarded
the Contract, are listed below2:
Name and Address
of Agents
Amount and
Currency
Purpose of Commission
or Gratuity
(d)We have taken steps to ensure that no person acting for us or on our
behalf will engage in any type of fraud and corruption as per the
principles described hereunder, during the bidding process and
contract execution:
i. We shall not, directly or through any other person or firm,
offer, promise or give to any of the clients employees
involved in the bidding process or the execution of the
contract or to any third person any material or immaterial
benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever
during the tender process or during the execution of the
contract.
ii. We shall not enter with other applicants into any undisclosed
agreement or understanding, whether formal or informal. This
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49
Amounts must coincide with the ones indicated under Total Cost of Financial proposal
in Form FIN-2.
If applicable, replace this paragraph with: No commissions or gratuities have been or
are to paid by us to agents relating to this Proposal and Contract execution.
49
49
50
Costs
Item
[Indicate
Foreign
Currency #
1]1
[Indicate
Foreign
Currency #
2]1
[Indicate
Foreign
Currency #
3]1
[Indicate
Mauritian
Rupees
Indicate between brackets the name of the foreign currency. Maximum of three currencies; use as many columns as
needed, and delete the others.
Indicate the total costs, net of local taxes, to be paid by the Client in each currency. Such total costs must coincide with
the sum of the relevant Subtotals indicated in all Forms FIN-3 provided with the Proposal.
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Description:3
Costs
Cost component
Assignment 1
[Indicate
Foreign
Currency #
1]4
[Indicate
Foreign
Currency #
2]4
[Indicate
Foreign
Currency #
3]4
[Indicate
Mauritian
Rupees]
Assignment 2
Assignment 3
Assignment 4
Remuneration5
Reimbursable Expenses 5
Subtotals
1
2
3
4
Form FIN-3 shall be filled at least for the whole assignment. In case some of the activities require different modes of
billing and payment (e.g.: the assignment is phased, and each phase has a different payment schedule), the Consultant
shall fill a separate Form FIN-3 for each group of activities. For each currency, the sum of the relevant Subtotals of all
Forms FIN-3 provided must coincide with the Total Costs of Financial Proposal indicated in Form FIN-2.
Names of activities (phase) should be the same as, or correspond to the ones indicated in the second column of Form
TECH-8.
Short description of the activities whose cost breakdown is provided in this Form.
Indicate between brackets the name of the foreign currency. Use the same columns and currencies of Form FIN-2.
51
52
Section 4. Financial Proposal - Standard Forms
5 For each currency, Remuneration and Reimbursable Expenses must respectively coincide with relevant Total Costs
indicated in Forms FIN-4, and FIN-5.
52
53
Position3
Staff-month
Rate4
Foreign Staff
[Home]
[Field]
Local Staff
[Home]
[Field]
1
2
Form FIN-4 shall be filled in for the same Professional and Support Staff listed in Form
TECH-7.
Professional Staff should be indicated individually; Support Staff should be indicated
per category (e.g.: draftsmen, clerical staff).
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54
3
4
54
55
Description1
Unit
Day
International flights3
Trip
Trip
Unit Cost2
Trip
Additional Rates
Assignment 1 Rate of Evaluation
of Bid
Assignment 2 Rate of Evaluation
of Bid
Assignment 3- Rate for Site
Supervision and Project
One Bid
One Bid
Month
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56
Month
1 Delete items that are not applicable or add other items according to Paragraph
Reference 3.6 of the Data Sheet.
2 Indicate unit cost and currency.
3 Indicate route of each flight, and if the trip is one- or two-ways.
4 Only if the training is a major component of the assignment, defined as such in the TOR.
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1.1
The remuneration rates for staff are made up of salary, social costs,
overheads, fee that is profit, and any premium or allowance paid for
assignments away from headquarters. To assist the firm in preparing
financial negotiations, a Sample Form giving a breakdown of rates is
attached (no financial information should be included in the Technical
Proposal). Agreed breakdown sheets shall form part of the negotiated
contract.
1.2
Salary
This is the gross regular cash salary paid to the individual in the
firms home office. It shall not contain any premium for work
away from headquarters or bonus (except where these are
included by law or government regulations).
(ii)
Bonus
Bonuses are normally paid out of profits. Because the Client
does not wish to make double payments for the same item,
staff bonuses shall not normally be included in the rates.
Where the Consultants accounting system is such that the
percentages of social costs and overheads are based on total
revenue, including bonuses, those percentages shall be
adjusted downward accordingly. Where national policy requires
that 13 months pay be given for 12 months work, the profit
element need not be adjusted downward. Any discussions on
bonuses shall be supported by audited documentation, which
shall be treated as confidential.
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(iii)
Social Costs
Social costs are the costs to the firm of staffs non-monetary
benefits.
These items include, inter alia, social security
including pension, medical and life insurance costs, and the
cost of a staff member being sick or on vacation. In this regard,
the cost of leave for public holidays is not an acceptable social
cost nor is the cost of leave taken during an assignment if no
additional staff replacement has been provided. Additional
leave taken at the end of an assignment in accordance with the
firms leave policy is acceptable as a social cost.
(iv)
Cost of Leave
The principles of calculating the cost of total days leave per
annum as a percentage of basic salary shall normally be as
follows:
total days leave x 100
Overheads
Overhead expenses are the firms business costs that are not
directly related to the execution of the assignment and shall not
be reimbursed as separate items under the contract. Typical
items are home office costs (partners time, nonbillable time,
time of senior staff monitoring the project, rent, support staff,
research, staff training, marketing, etc.), the cost of staff not
currently employed on revenue-earning projects, taxes on
business activities and business promotion costs.
During
negotiations, audited financial statements, certified as correct
by an independent auditor and supporting the last three years
overheads, shall be available for discussion, together with
detailed lists of items making up the overheads and the
percentage by which each relates to basic salary. The Client
does not accept an add-on margin for social charges, overhead
expenses, etc., for staff who are not permanent employees of
the firm. In such case, the firm shall be entitled only to
administrative costs and fee on the monthly payments charged
for subcontracted staff.
58
(vi)
59
Fee or Profit
The fee or profit shall be based on the sum of the salary, social
costs, and overhead. If any bonuses paid on a regular basis are
listed, a corresponding reduction in the profit element shall be
expected. Fee or profit shall not be allowed on travel or other
reimbursable expenses, unless in the latter case an unusually
large amount of procurement of equipment is required. The
firm shall note that payments shall be made against an agreed
estimated payment schedule as described in the draft form of
the contract.
(vii)
Reimbursable expenses
2.1
The financial negotiations shall further focus on such items as out-ofpocket expenses and other reimbursable expenses. These costs
may include, but are not restricted to, cost of surveys, equipment,
office rent, supplies, international and local travel, computer rental,
mobilization and demobilization, insurance, and printing. These
costs may be either unit rates or reimbursable on the presentation of
invoices, in foreign or local currency.
3.
Bank Guarantee
3.1
60
60
61
Sample Form
Consulting Firm:
Assignment:
Country:
Date:
Date
62
Position
Basic Salary
per Working
Month/Day/
Year
Social
Charges
1
Overhea Subtota
d1
l
5
Fee
2
Away from
Headquarte
rs
Allowance
Proposed Fixed
Rate per Working
Month/Day/Hour
Proposed Fixed
Rate per Working
Month/Day/Hour1
Home Office
Field
1. Expressed as percentage of 1
2. Expressed as percentage of 4
62
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64
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66
Due to major proposed developments in the region, one of which being the
Heritage City, CEB intends to have the 132 kV switching substation
constructed but operating initially at 66 kV, so as to supply a new 66 kV
GIS substation for the Heritage City located at some 7.5 km away. Details
of the 66 kV GIS substation at Heritage City are given in Section 2.6 below.
In the future, when load demand warrants an upgrading to 132 kV, the
LAvenir switching station will operate at its design voltage of 132 kV and
provision should be made to step down this voltage to 66 kV so as to
continue supplying the Heritage City at 66 kV. Consequently, the LAvenir
substation will thus have two voltage level i.e. 132kV and 66kV and
eventually, if the need is felt, a 22kV substation.
2.6 Heritage City Substation
As mentioned above the Heritage City GIS substation shall be supplied
from the LAvenir Switching station at 66 kV. This new substation will thus
consist of
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4. Scope of Services
Services are being sought from Consultants who have the necessary
qualification and experience:
a) To prepare a Request for Proposals for the design, supply, build,
install, test and commission of 66 kV GIS, 132 kV GIS and indoor
22kV substations including corresponding step-down power
transformers.
b) To initiate and follow-up the tendering exercise including reply to
clarifications, evaluation of bids, negotiations and award of contract.
c) Project Management, Supervision of works and Guidance for the
construction, testing and commissioning of the GIS substations and
indoor 22kV substations including corresponding step-down power
transformers.
As part of this assignment, the consultant would be required to design
66kV and 132kV Gas Insulated Switchgear (GIS) substations. The existing
66 kV AIS substations as defined under Section 2, will have to be
decommissioned and demolished as part of the implementation phase.
For the Wooton and LAvenir Substations the CEB is considering that a
common building for each substation may be an optimum solution to
house both the 66kV and 132 kV GIS when we consider that Wooton 132
kV GIS and LAvenir 66 kV GIS would not be installed now.
The General Manager of the CEB will appoint a Project Committee chaired
by the Transmission and Distribution Manager, who will be responsible for
the project implementation. The Consultant will report and be accountable
to the Chairperson of this Committee.
4.1 Assignment 1 and 2
4.1.1 Project Tendering Exercise
The tender documents should include, inter alia, the following:
Site and specific location of the proposed GIS substations including
132/66kV and 132/22 kV power transformers, where applicable.
Location of 22kV switchgear, 66/22kV power transformers and
capacitor banks;
Geotechnical investigations;
70
DC Supply System;
Design and civil drawings for the building to house the GIS and other
associated equipment;
Design and civil drawings for the building to house the 22kV
switchgear and other associated equipment;
Phasing of Work;
70
Training Requirements.
71
72
Executive Summary;
Project Summary Report;
Form of Agreement(s).
73
(iii)
(iv)
Attend and assist the CEB team in the Design Meeting with the
Contractor.
(v)
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(vi)
(vii)
(x)
(xi)
(xii)
Perform all duties necessary for and which are normally included on
site engineering monitoring services during the implementation of
construction contracts, to ascertain that all work generally conforms
to the installation and construction requirements of the contract.
(xiii) Chair fortnight site meetings and record minutes of meeting for
distribution to all parties concerned.
(xiv) Carry out regular site inspection to monitor work plans and the
progress of work; provide technical inspection of construction for
compliance with the contract documents, safety regulations
(including CEB Safety Rules) and laws of Mauritius.
(xv)
Prepare monthly reports within one week of the end of each month
on the progress of the works, indicating any difficulties or constraints
which may affect project activities and schedules, and stating
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(xxi) Ensure that all tests have been performed as per the terms and
conditions of the construction contract including manufacturer
recommendations and certify the results.
(xxii) Prepare interim and final acceptance certificates and advise the
Employer on acceptance, and follow up and re-inspection on all
contract deficiencies.
(xxiii) Define and recommend the points and times of take over, and define
the guarantee period for all facilities: assist with the formal hand
over of the facilities to CEB and issue the Taking-Over Certificate to
the Contractor as appropriate. Issue of Practical Completion
Certificate when the works are ready for use by CEB
(xxiv) Provide any clarifications, explanations and justifications to any
questions/ queries /doubts raised by CEBs project team.
(xxv) The Consultant shall prepare a complete and detailed report
documenting all the performance and acceptance tests of the
facility.
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(xxviii)
Inspection of Construction and Civil Works including soil
improvement and GIS substation erection.
(xxix) Checking and certification of final accounts.
(xxx) Ensure Safety of personnel at all time on site of work
5. Quotations for the Assignments
Consultants are requested to quote a lump sum price for each of the
four Assignments.
For Assignment 3 and 4, Bidders are required to submit applicable monthly
rate in addition to the lump sum prices.
CEB shall proceed with Assignments 1 and 3. As regards to
Assignment 2 and 4, CEB reserves the right to proceed or not to
proceed with the assignments.
Bidders should note the following:
a) For Assignment 1 the intended completion period shall be as per
Section 6 below.
b) The intended completion time for Assignment 3 shall be 15 months
from project implementation commencement date. In addition, the
monthly rate for this assignment would be applicable if the project
exceeds the 15 months duration.
c) If CEB proceeds with Assignment 2 and 4, the expected completion
time will be mid-2019. In the event the implementation of
Assignment 4 goes beyond that period, the submitted monthly rate
shall be used.
6. Time Frame
A set of key dates proposed for this project is as follows:
Task
Expected Time
Duration
Remarks
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Preparation of Project
Technical Report
3 Weeks from
Commencement Date
Preparation of
Prequalification
document
4 weeks from
Submission of Final
Pre-qualification
Document
Pre-qualification
Bidding Process
6 Weeks
10 Weeks after
approval of Technical
Report
4
weeks
from This will depend on
Submission of Final CPBs time for review
draft
of
Tender and comments
documents to CPB
Bidding Stage
Evaluation of Proposals
3 Weeks from
Submission of Final
Evaluation Report
78
ANNEX 1
FIGURES
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LIST OF FIGURES
Figure No.
1. Transmission Network of CEB
1
2. Existing Wooton 66/22 kV Substation Schematic Diagram
2
3. Existing Wooton 66/22 kV Substation Layout
3
4. Existing Champagne 66kV Substation Layout
4
5. Existing Ebene 66/22 kV Substation Schematic Diagram
5
6. Existing Ebene 66/22 kV Ebene Substation Layout
6
7. Existing 66 / 22 kV AIS outdoor FUEL substation layout
7
8. Proposed Fuel 66/22 kV Substation Schematic Diagram
8
9. Proposed Airport 66/22 kV Substation Schematic Diagram
9
10.
Proposed LAvenir 66 kV Substation Schematic Diagram
10
11.
Site Location of LAvenir proposed 132 kV GIS switching
11
Substation
12.
Proposed Heritage City 66 kV GIS Substation Schematic
Diagram
12
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90
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92
Contract Forms
General Conditions of Contract
Special Conditions of Contract
Appendices to Contract
93
Contents
I. Form of Contract
91
93
1. General Provisions.......................................................................93
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
Definitions 93
Law Governing Contract
94
Language 94
Notices
94
Location
94
Authority of Member in Charge
Authorized Representatives 94
Taxes and Duties 95
Fraud and Corruption 95
94
Effectiveness of Contract
97
Commencement of Services 97
Expiration of Contract 97
Modifications or Variations
97
Force Majeure
97
Termination 98
Description of Personnel
101
Removal and/or Replacement of Personnel
102
94
Lump-Sum Payment
103
Contract Price
103
Payment for Additional Services
Terms and Conditions of Payment
Interest on Delayed Payments
103
103
103
7. Good Faith..................................................................................103
7.1
8. Settlement Of Disputes..............................................................103
8.1
8.2
Amicable Settlement
Dispute Resolution
103
104
105
IV. Appendices
109
94
95
between
and
Dated:
96
I. Form of Contract
LUMP-SUM
(Text in brackets [ ] is optional; all notes should be deleted in final text)
This CONTRACT (hereinafter called the Contract) is made the [day] day
of the month of [month], [year], between, on the one hand, [name of
Client] (hereinafter called the Client) and, on the other hand, [name of
Consultant] (hereinafter called the Consultant).
[Note: If the Consultant consist of more than one entity, the above should
be partially amended to read as follows:
(hereinafter called the
Client) and, on the other hand, a joint venture/consortium/association
consisting of the following entities, each of which will be jointly and
severally liable to the Client for all the Consultants obligations under this
Contract, namely, [name of Consultant] and [name of Consultant]
(hereinafter called the Consultant).]
WHEREAS
(a)
(b)
(b)
(c)
Lump-Sum Contract
The mutual rights and obligations of the Client and the Consultant
shall be as set forth in the Contract, in particular:
(a)
(b)
98
Lump-Sum Contract
II. General Conditions of Contract
98
1.1
Definition
s
Lump-Sum Contract
100
Lump-Sum Contract
II. General Conditions of Contract
1.4 Notices
1.4.1
1.4.2
1.5 Location
1.6 Authority
of
Member
in Charge
1.7
Authorize
100
Lump-Sum Contract
101
d
executed by the officials specified in the SC.
Represent
atives
1.8 Taxes and The Consultant, Sub-Consultants, and their Personnel
Duties
shall pay such indirect taxes, duties, fees, and other
impositions levied under the Applicable Laws as specified
in the SCC, the amount of which is deemed to have been
included in the Contract Price.
Note: With respect to temporary admissions, the
temporary admission regime under the Customs Act will
apply.
For further information, the contact details are as
specified in the SCC.
1.9 Fraud and
Corruptio
n
1.9.1
(i)
(ii)
Another party refers to a public official acting in relation to the selection process or contract execution.
In this context,
7
A party refers to a public official; the terms benefit and obligation relate to the selection process or
contract execution; and the act or omission is intended to influence the selection process or contract execution.
102
Lump-Sum Contract
II. General Conditions of Contract
obligation;
(iii) collusive practice8 is an arrangement between two
or more parties designed to achieve an improper
purpose, including to influence improperly the
actions of another party;
(iv) coercive practice9 is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party or the property of the party to influence
improperly the actions of a party;
(v)
obstructive practice is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede an
investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party
to prevent it from disclosing its knowledge of
matters relevant to the investigation or from
pursuing the investigation; or
(bb) acts intended to materially impede the exercise
of the inspection and audit rights provided for
under Clause 3.6.
1.9.2
(vi) The Consultant may be sanctioned, declared
Measures to
ineligible, either indefinitely or for a stated period of
be
time, to be awarded a contract by Government of
Taken
the Republic of Mauritius if at any time it determines
that the Consultant has, directly or through an
agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for, or in executing,
a contract;
1.9.3
Commissio
ns
and Fees
1.9.4
Parties refers to participants in the selection process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
9
A party refers to a participant in the selection process or contract execution.
102
Integrity
Clause
Lump-Sum Contract
103
AND
TERMINATION
OF
2.1
2.5 Force
Majeure
2.5.1
2.5.2 No
Breach of
Contract
104
Lump-Sum Contract
II. General Conditions of Contract
2.6
Terminatio
n
2.6.1 By the
Client
(f)
2.6.2 By the
Consultant
Lump-Sum Contract
105
2.6.3
Payme
nt
Upon
Termination
OF THE
CONSULTANT
3.1 General
3.1.1
106
Lump-Sum Contract
II. General Conditions of Contract
3.2.1
Consult
ants not to
Benefit from
Commissions,
Discounts,
etc.
3.2.2Consult
ant
and
Affiliate
s
not to be
Otherwise
Interested
in
Project
3.2.3 Prohibition
of Conflicting
Activities
3.3
The Consultant shall not engage, and shall cause its Personnel as well as
their Sub-Consultants and its Personnel not to engage, either directly or
indirectly, in any business or professional activities which would conflict
with the activities assigned to them under this Contract.
3.4 Insurance
to be
Taken Out
The Consultant (a) shall take out and maintain, and shall
cause any Sub-Consultant to take out and maintain, at its
(or the Sub-Consultants, as the case may be) own cost
106
by the
Consultant
3.5
Consultant
s Actions
Requiring
Clients
Prior
Approval
Lump-Sum Contract
107
3.6 Reporting
Obligation
s
3.8.1 The Consultant shall keep, and shall cause its Subconsultants to keep, accurate and systematic
Accounting
accounts and records in respect of the Contract, in
,
accordance with internationally accepted accounting
Inspection
principles and in such form and detail as will clearly
and
identify relevant time changes and costs.
Auditing
3.8.2 The Consultant shall permit, and shall cause its
Sub-consultants to permit, the Client and/or persons
appointed by the Client to inspect its accounts and
records relating to the performance of the Contract
and the submission of the Proposal to provide the
108
Lump-Sum Contract
II. General Conditions of Contract
4.2 Removal
and/or
Replaceme
nt of
Personnel
OF THE
CLIENT
108
5.1 Assistance
and
Exemption
s
Lump-Sum Contract
109
The Client shall use its best efforts to ensure that the
Government shall provide the Consultant such
assistance and exemptions as specified in the SC.
110
Lump-Sum Contract
II. General Conditions of Contract
5.2 Change in
the
Applicable
Law
Related to
Taxes and
Duties
5.3 Services
and
Facilities
TO THE
CONSULTANT
6.1 Lump-Sum
Payment
6.2 Contract
Price
6.3 Payment
for
Additional
Services
6.4 Terms and Payments will be made to the account of the Consultant
Conditions and according to the payment schedule stated in the SC.
of Payment Unless otherwise stated in the SC, the first payment shall
be made against the provision by the Consultant of an
advance payment guarantee for the same amount, and
shall be valid for the period stated in the SC. Such
guarantee shall be in the form set forth in Appendix G
hereto, or in such other form, as the Client shall have
approved in writing. Any other payment shall be made
after the conditions listed in the SC for such payment have
been met, and the Consultant has submitted an invoice to
110
Lump-Sum Contract
7. GOOD FAITH
The Parties undertake to act in good faith with respect to
each others rights under this Contract and to adopt all
reasonable measures to ensure the realization of the
objectives of this Contract.
8. SETTLEMENT OF DISPUTES
8.1 Amicable
The Parties agree that the avoidance or early resolution of
Settlement disputes is crucial for a smooth execution of the Contract
and the success of the assignment. The Parties shall use
their best efforts to settle amicably all disputes arising out
of or in connection with this Contract or its interpretation.
8.2 Dispute
Resolution
112
113
Numb
er of
GC
Clause
1.4
ceb@intnet.mu.
Consultant:
Attention:
Facsimile:
E-mail:
1.6
1.7
For applicable laws regarding indirect taxes, duties, fees, and other
impositions levied, Consultants are required to contact the Mauritius
Revenue Authority (MRA).
114
2.2
2.3
3.4
3.5 (c)
Not Applicable
114
115
3.7 (b)
The Consultant shall not use these documents and software for
purposes unrelated to this Contract without the prior written approval of
the Client.
The Client shall use these documents and software for purposes
unrelated to this Contract without the prior written approval of the
Consultant.
5.1
6.2(a)
6.2(b)
6.4
% Payment
1.
10
2.
Preparation of Technical
Prequalification Document
10
Report
and
10
4.
25
5.
15
6.
10
116
7.
Award of Contract
20
Assignments 3 & 4
(a) Ten (10) percent of the Contract Price will be paid on the
commencement date against the submission of an Advance Payment
Guarantee
(b) Eighty (80) percent of the Contract Price will be paid according to
the progress of works (to be discussed at Contract negotiation
stage)
(c)
Ten (10) percent of the Contract Price will be paid upon handing
over of the Substation(s) to CEB.
IV. Appendices
APPENDIX A DESCRIPTION
OF
SERVICES
AND
SUB-CONSULTANTS
117
C-3
C-4
OF
CONTRACT PRICE
IN
FOREIGN CURRENCY
Note: List here the elements of cost used to arrive at the breakdown of
the lump-sum price - foreign currency portion:
1.
Monthly rates for Personnel (Key Personnel and other
Personnel).
2.
Reimbursable expenses.
This appendix will exclusively be used for determining remuneration for
additional services.
APPENDIX E - BREAKDOWN
OF
CONTRACT PRICE
IN
LOCAL CURRENCY
Note: List here the elements of cost used to arrive at the breakdown of
the lump-sum price - local currency portion:
1.
Monthly rates for Personnel (Key Personnel and other
Personnel).
2.
Reimbursable expenditures.
This appendix will exclusively be used for determining remuneration for
additional services.
APPENDIX F - SERVICES
AND
FACILITIES PROVIDED
BY THE
CLIENT
Note: List here the services and facilities to make available to the
Consultant by the Client.
APPENDIX G - FORM
OF
118
118
119
________________
The Guarantor shall insert an amount representing the amount of the advance payment and denominated either
in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency
acceptable to the Client.
Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the
Client would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee,
the Client might consider adding the following text to the form, at the end of the penultimate paragraph: The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year],
in response to the Clients written request for such extension, such request to be presented to the Guarantor
120
120