By Nageswara Rao, 9492432160
Source: EPC Standard Agreement issued by Railway Board (Basis is practiced being followed in Delhi Metro)
Also known as the Turnkey project (Turn of the Key) - Since the EPC Contractor coordinates throughout the execution of the Project from Engineering to commissioning underway, assumes the responsibility for the installation.
A new and prominent form of Contract Agreement in the Construction industry.
Key feature: To execute and deliver the Project (from Planning to Completion in all respects) within the Agreed time and Budget.
EPC stands for Engineering, Procurement & Construction
Usually in EPC Contracts, the Client i.e., IR employs a PMC - Project Management Consultant to supervise the work.
Need of EPC in Indian Railways
In Conventional Item Rate Contracts (present Works Contracts), the usual drawbacks are
A. Delay in Survey
B. Delay in preparation of Estimates
C. Delayed Measurements
D. Inadequate funds
E. Cost overruns
F. Time overruns
G. Disputes on various issues with Contractors
To address all the above issues, Railway Board will come out with a Model EPC Agreement, which is released recently.
Differences between Item Rate Contracts and EPC Contracts
Salient features of Standard EPC Agreement of Indian Railways
Lump sum Contract Price (subject to Price Variation clause)
Damages due to delay i.e., 0.05 % of Contract Price for one day delay.
Maximum damages are not to exceed 10 % of the Contract Price. That means the maximum delay is 200 days ( 200 x 0.05 = 10)
Time Extension - Arising out of delays on account of change of scope, force majeure, delay caused by or attributable to the Indian Railways.
Assigned responsibility for Investigations, Design & Construction to the EPC Contractor
Transferring the Construction Risk to the EPC Contractor.
Payments are linked to the Specific Stages of Construction. (unlike individual measurements like in existing rate contracts/Works contracts)
Defect Liability Period - 2 years
Bid Security (Replacing EMD )
Performance Security ( Replacing Security Deposit)
Retention Money (Replacing the Performance Guarantee)
Risk Allocation distribution:
Contractor: Project risks such as soil conditions, weather, and commercial and technical risks relating to Design and Construction.
Indian Railways: Delays in handing over Land, approvals from Road Authorities for ROB/RUB at Level crossings, Environmental clearances, shifting of utilities, and approvals in respect of engineering scale plan and signaling interlocking plan.
Selection of the Contractor:
Open Competitive Bidding
All project parameters i.e., Contract Period, Price Adjustment / Price Variation, and Technical parameters are tobe clearly stated upfront along with the Lump Sum Price for the Railway Project.
Design & Construction:
The ceiling of 25 % of the Contract price - any change in the scope of the Project. IR will bear it.
Survey, Investigations, Designs & Drawings - Responsibility of the Contractor subject to conformity with the specifications & standards laid down in the Agreement.
Representing Indian Railways
Nominated by the Railways among its Executive Engineers
Act as a Single Window for coordination with the Contractor.
Responsible for Monitoring & Supervision of the Construction of the Railway Project.
DLP - Defect Liability Period:
Two Years from the date of issue of Provisional Completion Certificate or 18 months from the date of Completion Certificate whichever is later.
Additional comfort to the Indian Railways
The Contractor shall remedy any and all loss or damage to the Railway Project during the DLP at its own cost within a period of 15 days from the date of notice issued by the Railways.
If failed to rectify the defects by the Contractor, the same will be rectified by the IR and impose the damage i.e., Actual cost incurred by IR plus 20% of such cost on the Contractor.
Priority or Order of Precedence: In case of ambiguities or discrepancies, the document in the first column will prevail over the documents in the second column.
Appointed Date: The latter of:
15th day from the signing of the Agreement
30th day from the date on which the Contractor has submitted Performance Security
The date on which Indian Railways has provided the ROW - Right Of Way and environmental & forest clearance at least 95% of core land length and 90 % of non core land length of the Railway Project.
The appointed Date is most important for calculating different periods in the execution of the Project.
Subletting / Sub-Contracts:
Not more than 70 % of the Contract Price
The Contractor Shall carry out at least 30 % of Contract Price directly under its own supervision and through its personnel.
Any sub-contract for works, if exceeds 5 % of the Contract Price, the same should be informed to Indian Railways by the Contractor.
Training of Railway Personnel by the Contractor:
The number of persons shall not exceed 6
Before issuance of Provisional Certificate / Completion Certificate.
In areas of diagnostic, troubleshooting, repairing, operation, and maintenance of S&T equipment
In the area of SCADA (Supervisory Control And Data Acquisition)
SCADA: A Control system architecture comprising computers, networked data communications and graphical user interface for high-level supervision of machines & processes.
0.5 % of the Project estimated cost subject to a maximum of Rs.2 Crores.
Through e-payment gateway or Bank Guarantee Bond valid upto 90 days beyond the bid validity period.
Submitted by the Contractor along with the RFP - Request For Proposal
Remain in force in case of a successful bidder until substituted by Performance Security.
Bid Security of unsuccessful bidders - returned within 7 working days of the issue of LOA.
Equivalent to the SD - Security Deposit in Rate Contracts.
3% / 5% of the Contract Price
Within 30 days from LOA (Letter Of Award/Acceptance)
Extension: Another 30 days. Damages 0.002 % per each day of delay.
An irrecoverable and unconditional Bank Guarantee
Valid until 60 days of the expiry of DLP - Defects Liability Period.
Failure to submit Performance Security in Extended period, if any:
Terminate the Agreement
Encash the Bid Security (EMD) and adjusted as part of damages.
Balance Performance Security - shall be recoverable from the Contractor’s pending / future dues with IR in any of the ongoing/future contracts.
Release of Performance Security: Within 60 days of the DLP - Defects Liability Period/extended DLP
Guarantee money for performance & obligations of the Contractor during the Construction Period.
Equivalent to the PG - Performance Guarantee in Rate Contracts
5 % of the Contract Price
Recovered at the rate of 6 % of Bill payments subject to the maximum of 5 % of the Contract Price.
If the Contractor submits an irrecoverable and unconditional Bank Guarantee towards the Retention Monety, the IR should return the recovered amount to the Contractor.
Appointed by the Contractor
Within 20 days of the Appointed Date
Head of Contractor’s Design unit
Responsible for Surveys, Investigations, collection of data, and preparation of preliminary and detailed designs.
Appointed an Engineer of IR or PMC - Project Management Consultancy by the Indian Railways
Within 15 days from the Appointed Date
Responsible for discharge of the functions and duties specified in the Agreement.
Payments to the Contractor:
Simple & Rational Method
Broadly, works are divided into
Civil & Track works
All the above works can be taken together under Single Project or different Projects.
Each item of the above works sub-divided into stages
Payments will be made for each completed stage of work.
Project Completion Schedule:
Scheduled Completion Date - 900th day from the Appointed Date ( 30 months or 2 ½ years)
Damages due to delay in completion of the Work:
0.05 % of the Contract Price for delay of each day reckoned from the date specified in the above Milestones.
Maximum is 10 % of the Contract Price.
Valid & effective until the issue of Completion Certificate
All payments in Indian Rupees
Includes: All duties, taxes, royalty, and fees as per the laws and regulations in force as on the date.
Covers all the Contractor’s obligations for the Works under the Agreement and all things necessary for the Construction thereof and for the rectification of any Defects during DLP in the Railway Project
Excludes: Taxes if any paid by the Contractor
Advance Payments to the Contractor:
Up to 10% of the Contract Price
In Two equal instalments
For Mobilisation expenses & for acquisition of equipment
Interest Rate: Bank Rate + 4 % per annum
Irrecoverable Bank Guarantee to be submitted by the Contractor equivalent to 110 % of Advance Payment
Examples of EPC in the Indian Railways / Transport sector.
RE - Railway Electrification Project - 781 Kms in Konkan Railway given to L & T in the year 2017.
Delhi Metro Railway Construction
Construction of Railway Bridge in Jammu - Udhampur Railway Link