Project for Construction of Mumbai-Ahme<labad High Speed Rail Bidding Documents - Part 3

Package No. MAHSR-C-8 Section VIII. Particular Conditions (PC)

Sub-Clause 14.6 Replace the first paragraph of Sub-Clause 14.6 with the following:
Issue of Interim
Payment No amount will be certified or paid until the Employer has received
Certificates and approved the Performance Security. Thereafter, the Engineer
shall. within 28 days after receiving a Statement and supporting
documents. deliver to the Employer and to the Contractor an Interim
Payment Certificate which shall state the amount which the Engineer
fairly determines to be due, with all supporting particulars for any
reduction or withholding made by the Engineer on the Statement if
any and shall include any amounts due to or from the Contractor in
accordance with a decision by the DB made under Sub-Clause 20.4
[Obtaining Dispute Board's Decision].

Insert, between the first and second paragraphs of Sub-Clause 14.6,

the following paragraph:

However, for ProvisioAal Payment specified in Sub-Clause 14.7 (d)

(i), the Engineer shall evaluate, within 7 days after receiving a
Statement and supporting documents, deliver to the Employer and to
the Contractor a Provisional Interim Payment Certificate which shall
state the amount which the Engineer fairly determines to be due, with
all supporting particulars for any deduction or withholding made by
the Engineer on the Statement, if any .
..
Sub-Clause 14.7 Rep lace the sub-paragraphs (b) and (c), and add one paragraph (d) and
Payment its sub-paragraphs, with the following:

(b) the amount certified in each Interim Payment Certificate

within 56 days after the Engineer receives the Statement and
supporting documents: or, at a time when the Bank's loan or
credit (from which part of the payments to the Contractor is
being made) is suspended, the amount shown on any statement
submitted by the Contractor within 14 days after such
statement is submitted, any discrepancy being rectified in the
next payment to the Contractor including any amounts due in
accordance with a decision by the DB which have been
included in the Interim Payment Certificate; and,
(c) the amount certified in the Final Payment Certificate within
56 days after the Employer receives this Payment Certificate;
or, at a time when the Bank's loan or credit (from which part
of the payments to the Contractor is being made) is suspended,
the undisputed amount shown in the Final Statement within 56
days after the date of notification of the suspension in
accordance with Sub-Clause 16.2 [Termination by
Contractor].
(d) As for provisional amount against the Statement specified in
Sub-Clause 14.3:

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Project for Construction of Mumbai-/\hmedabad High Speed Rail Bidding Documents - Part 3
Package No. MAHSR-C-8 Section VIII. Particular Conditions (PC)
...
(i) The Employer shall pay 90% of such amount as
provisional payment within 7 days from the receipt of
evaluated statement from the Engineer. The balance of the
amount shall be paid by the Employer as per Sub-Clause
14.7 (b);
(ii) If the Contractor chooses payment through the
Commitment Procedure, then the provisio nal payment
clause shall not apply and then the payment shall be made
within 56 days after the Engineer receives the statement
and supporting documents; and,
(iii) It shall be the responsibility of the Contractor to claim an
amount for the performed services as admissible as per
the Contract. If at any time it is observed by the Engineer
that the amount claimed in the Statement are higher than
the actual admissible performance, the facility of
provisional payment will be withheld until such time the
excess payment paid is adjusted in the subsequent Interim
Payment Certificate. In such a case, warning letter will be
issued to the Contractor. ·

Add new paragraphs after the last paragraph as follows:

Payment to the Contractor of the foreign as well as local currency

portions shall be made by using the Reimbursement Procedure for
Japanese ODA Loans unless the Contractor chooses payment through
the Commitment Procedure for foreign currency portion.

https:l/www.iica.go.ip/english/our work/types of assistanceloda lo

ansloda op in[olprocedurelindex.html

The payment by the Employer shall be made in the designated

currency to the dedicated ·contract Specific Bank Account· to be
opened by the Contractor for credit of advances and all other
payments ·received from the Employer under this Contract and for
expenditures/debits made/to-be-made for the purpose of execution of
the Works pertaining to this Contract. The details of the Contract
Specific Bank Account will be specified after the award of work.

Payment to the Contractor which is not to be covered by the JICA

ODA Loan shall also be made to the dedicated ·contract Specific
Bank Account·.
Responsibility for the payment of Bank Charges shall be with the
Employer .
. ·-· ·-···· ..... . . -····

Sub-Clause 14.8 Replace the second paragraph of Sub-Clause 14.8 with the following:
Delayed Payment
Unless otherwise stated in the Contract Data, these financing charges
shall be calculated at the annual rate of three percentage points above
the di~count r~te of_tb~ central bc1!1k in the countr)' of the curr~~cy o( ,

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