meprojects1959@gmail.com Thu, Sep 1/7 5:56 AM
to MOIAMMPD ZAKIR
Fwd: TRAGS - Revised - Take this version as final
Please prepare the response as per the trailing mail
Regards
Subject: TRAGS - Revised - Take this version as final
‘The following are the elements which the Contractor needs to capture in the coming
letter to Nakilat PTF:
Delay Events:
(a) There is a discrepancy of the dates in the schedule attached to the LOA which
states that the 1st & 2nd MS as per Appendix H should be 13 September 2011.
(b) There is a delay in signing of the Contract by 153 days starting 29 September 2011
which as per the LOA was supposed to be date the signed Contract was expected to be
in place.
(c) Non Availability of the Clear Fronts with distinctive dates that cannot be disputed by
PTF.
Contractor should establish in its Execution Program that on 13 September 2011 since
they have already achieved more than 10% of the Contract Price, the Contractor had
reduced down the progress of the works. Contractor should derive the progress of the
execution of works on 13 September 2011, and the same progress value will be
superimposed on 29 February 2012. The Execution Program will be established with the
dates for the Milestones arranged accordingly.
Purpose:
With the above delay events, the Contractor should be in a position to demonstrate in
the Planning Schedule/Execution Programme that there were no delays on the part of
the Contractor till the Mechanical Completion Date. The Mechanical Completion date is
the date on which the Contractor is supposed to complete mechanical works in
accordance with Contract requirements. On that day, get-the ‘Heat Load’ for testing and
commissioning should be available; anc-beyond that date the Contractor is on standby.
‘or:‘The Execution Program should be prepared by the Contractor to include all the above
and officially submit to Nakilat PTF. Along with the letter, the Contractor shall also
submit the following in the form of a Matrix showing the chronological sequence of the
following
(1) Evidences in the form of Email print-outs or MOM where it is distinctly showing that
Contractor has contested about the schedule when the LOA was produced to Contractor
Prior to acceptance of LOA.
(2) Evidences in the form of Email print-outs or MOM where it is distinctly showing that
Nakilat PTF has communicated to Contractor that the Schedule attached to LOA is.
incorrect and will be changed in the Contract or there will be an amendment to
Contract to show the change in Schedule i.e dates for MS#1 & MS#2.
(3) Evidences in the form of Email print-outs or MOM where it is distinctly showing that
Contractor has communicated to Nakilat PTF that the Contractor is on standby waiting
for the Contract in place. Such evidences should be bearing the dates of September /
October / November/ December 2011 and January 2012.
(4) Evidences in the form of Email print-outs or MOM where it is distinctly showing that
the Contractor was called upon to meet QP MD and Nakilat MD.
(5) Evidences in the form of Email print-outs or MOM where it is distinctly showing that
Contractor even after getting the draft Contract (for review) contested the schedule on
the MS # 1&2.
(6) Evidences in the form of Email print-outs or MOM where it is distinctly showing that
Nakilat PTF once again promised that the change of Schedule will be made by an
Amendment to Contract.
(7) Evidences in the form of Email print-outs or MOM where it is distinctly showing that
Contractor thereafter did not leave the case byt but pursued further on the issue of
Schedule for MS# 1& 2 and delay in signing the Contract.
(8) Evidences in the form of Email print-outs, photographs with date watermarks or
MOM where it is distinctly showing that the work fronts were not available.
All the above will be in the aforesaid Matrix with the evidences as Attachments
specifying those evidences as Attachments using flags / separators
(if any of such evidences are not there, then Contractor has to fabricate
those evidences).
There will be @ covering letter which will summarize all the contents of the aforesaid
backups which will be reviewed by us prior to submission to Nakilat PTF.
Regards