Part-1 RFB (Sample Format)

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STANDARDBIDDING DOCUMENT

FOR
Full Turnkey Contract
(Design, Supply and Installation)
Department of Power
Govt. of Arunachal Pradesh

Request for Bids


FOR

DEVELOPMENT OF DISTRIBUTION INFRASTRUCTURE AT


XXXXXX District of Arunachal Pradesh Under REVAMPED REFORMS-
BASED AND RESULTS-LINKED, DISTRIBUTION SECTOR
SCHEME

Key Dates

Date of Release of RFB/ NIT [ Fill in the details …. e.g. 01 July 2022]
st

Date & Time of Pre-bid Meeting [ Fill in the details …. e.g.08 th


July 2022 at 1130 Hours (IST)]

Deadline for Submission of Bid [ Fill in the details …. e.g.22 nd


July2022up to 1500 Hours(IST)]

Date & Time of Opening of [ Fill in the details …. e.g.22 nd


July 2022 at 1530 Hours (IST)]
Technical Part of Bid

Regd. Office: Department of Power, Vidyut Bhawan, O-Point Tinali,


Itanagar -791111, Arunachal Pradesh
Tele. 0360-2217311
Website: www. www.power.arunachal.gov.in/www.arunachaltenders.gov.in
Email: ceeezdop@gmail.com/ (Circle/Division Mailid)
a) <Note 1: The provisions in angle brackets (<>) are for guidance and should be omitted
from the RFB before it is issued to prospective Bidders.>
b) <Note 2: All Project-specific provisions in this RFB have been enclosed in square
parenthesis ([ ]) and may be modified, as necessary, before issuing the RFP to prospective
Bidders. The square parenthesis should be removed after carrying out the required
modification>
c) <Normally, this document should be used when: (i) the value of the plant and equipment
portion represents the major part of the estimated contract value, or (ii) the nature and
complexity of the plant and equipment is such that the facilities cannot safely be taken over
by the Employer without elaborate testing, pre-commissioning, commissioning and
acceptance procedures being followed. This document is intended to be used where the
Contractor/Bidder is responsible for each activity required for completion of the facilities,
e.g., design, manufacture, delivery, installation, testing, commissioning, training, etc.
However, these conditions may be adapted for use for single responsibility contracts where
some activities, such as parts of the preliminary design or site preparation works, are done
by others.>

--------------------------------------------------------
Tender Disclaimer
To be provided by Utility

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Summary and Table of Contents 1

SUMMARY
PART I – BIDDING PROCEDURES AND REQUIREMENTS

Section 1: Request for Bids Notice /Notice Inviting Tender


This Section includes Request for Bids (RFB)/ Notice Inviting Tender (NIT)

Section 2: Eligibility and Qualification Requirements


This Section contains information regarding specific eligibility and qualification
requirements applicable for prospective bidders to be considered for further evaluation of
their bids.

Section 3:Instructions to Bidders(ITB) and Bid Data Sheet (BDS)


This Section consists of two parts: “Instructions to Bidders” and “Bid Data Sheet (BDS)”.
“Bid Data Sheet” contains information specific to procurement that corresponds to and/or
supplements and/or modifies“Instructions to Bidders”. This Section provides information to
help prospective bidders prepare their bids. Information is also provided on the bidding
process - Single Stage Two-Envelope Bidding Process with e-Procurement, submission,
opening, and evaluation of bids, selection of successful bidder and on the award of contract.

Section 4: Bidding Forms - Technical Part of the Bid


This Section includes the forms for Technical Part of the bid, that are to be completed by the
Bidders and submitted in accordance with the requirements of Section 3.

Section 5 : Bidding Forms - Financial Part of the Bid


This Section includes the forms for Financial Part of the bid including Price Shedules, that
are to be completed the Bidders and submitted in accordance with the requirements of
Section 3.

PART2–EMPLOYER’S REQUIREMENTS

Section 6: Employer’s Requirements


This Section specifies the Scope of Work, Specification, the Drawings, and supplementary
information that describe the Plant and Installation Services to be procured.
Summary and Table of Contents 2

PART 3–CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 7:Conditions of Contract


This Section consists of two parts: General Conditions of Contract (GCC) and Special
Conditions of Contract (SCC). GCC includes generalclausestobeapplicable to the
Contract and the contents of SCC modify or supplement GCC.

Section 8- Contract Forms


This Section contains the Letter of Acceptance/ Notification of Award ,forms which,
once completed, will form part of the Contract. The forms for Performance Security and
Advance Payment Security, when required, shall only be completed by the successful
Bidder after contract award.
Summary and Table of Contents 3

Table of Contents

Section - 1 : Request for Bids Notice........................................................................................8

Section – 2 : Eligibility and Qualification Requirements.......................................................13

Section - 3 : Instructions to Bidders and Bid Data Sheet........................................................22


I. Instructions to Bidders.............................................................................................22

1. Scope of Bid and Definitions...........................................................................................22

2. Fraud and Corruption.......................................................................................................24

3. Eligibility, Qualification Requirements...........................................................................24

4. Conflict of Interest...........................................................................................................24

5. Sections of Bidding Document........................................................................................25

6. Bidding Process Management, Clarification of the Bidding Document, Site Visit and
Pre-Bid Meeting.......................................................................................................................26

7. Addenda/ Corrigendum/Amendment of Bidding Document...........................................28

8. Cost of Bidding................................................................................................................28

9. Language of Bid..............................................................................................................28

10. Documents comprising Bid.............................................................................................28

11. Process of Bid Submission..............................................................................................30

12. Alternative Bids...............................................................................................................30

13. Bid prices and Discounts.................................................................................................30

14. Currencies of Bid and Payment.......................................................................................34

15. Documents Establishing the Conformity of the Plant and Installation Services/ Works
34

16. Documents Establishing the Eligibility and Qualifications of the Bidder and Eligibility
of Plant and Installlation Services...........................................................................................35
Summary and Table of Contents 4

17. Period of Validity of Bids................................................................................................35

18. Bid Security/ Bid Securing Declaration..........................................................................36

19. Format and Signing of Bid..............................................................................................37

20. Submission of Bids..........................................................................................................38

21. Deadline for Submission of Bids.....................................................................................38

22. Late Bids..........................................................................................................................38

23. Withdrawal, Substitution, and Modification of Bids.......................................................38

24. Public Opening of Technical Parts of Bids......................................................................39

25. Confidentiality.................................................................................................................40

26. Clarification of Bids........................................................................................................40

27. Deviations, Reservations, and Omissions........................................................................40

28. Nonmaterial Nonconformities, Errors and Omissions.....................................................40

29. Evaluation of Technical Parts..........................................................................................41

30. Determination of Responsiveness....................................................................................42

31. Public Opening of Financial Parts...................................................................................43

32. Evaluation of Financial Parts...........................................................................................44

33. Correction of Arithmetical Errors....................................................................................44

34. Comparison of Financial Parts.........................................................................................45

35. Preference........................................................................................................................45

36. Abnormally Low Bids.....................................................................................................45

37. Unbalanced or Front Loaded Bids...................................................................................45

38. Most Advantageous Bid..................................................................................................45

39. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids............................46

40. Award Criteria.................................................................................................................46

41. Employer’s Right to make minor adjustments at the time of Award..............................46


Summary and Table of Contents 5

42. Notification of Award......................................................................................................47

43. Signing of Contract..........................................................................................................47

44. Performance Security.......................................................................................................47

45. Source of Funds...............................................................................................................48

46. Dedicated bank account of Contractor/Bidder................................................................48


II. Bid Data Sheet (BDS)..............................................................................................49

Section - 4 : Bidding Forms - Technical Part of the Bid.........................................................57


Form 1..................................................................................................................................58
Letter of Bid – Technical Part..........................................................................................................58
Form 2..................................................................................................................................63
Format for Bidder Information Sheet.............................................................................................63
Form 3A...............................................................................................................................65
Format of Bid Securing Declaration (if applicable)..................................................................65
Form 3B...............................................................................................................................67
Format of Bank Guarantee for Bid Security.................................................................................67
Form 4..................................................................................................................................69
Format of Power of Attorney of designated Bid Signatory by sole bidder/ lead joint
venture member....................................................................................................................................69
Form 5..................................................................................................................................71
Format of Declaration of conformance of the Bidder and the Facilities offered, to the
specified eligibility requirement......................................................................................................71
Form 6..................................................................................................................................72
Format for Affidavit of Self certification regarding Local Content in line with PPP-MII
order and #MoP Order/DoT order...................................................................................................72
Form 7..................................................................................................................................75
Format Of Power of Attorney by Each Member/ Partner of The Joint Venture in favour
of Lead Member/ Partner...................................................................................................................75
Form 8..................................................................................................................................78
Format of Joint Deed of Undertaking by the Joint Venture Partners/ Members...............78
Joint Venture Agreement...................................................................................................................82
Form 9..................................................................................................................................83
Format for Details/ Data and Documentary Evidence in support of meeting the
Qualification Requirement................................................................................................................83
Form 10................................................................................................................................89
Format of Bought-out & Sub-contracted Items..........................................................................89
Form 11................................................................................................................................91
Summary and Table of Contents 6

Format of Undertaking on Compliance of Terms & Conditions of the Bidding


Documents including Scope of Work and other related requirements..................................91
Form 12................................................................................................................................95
Format of Alternative, Deviations and Exceptions to the Provisions of RFB Document 95
Form 13................................................................................................................................98
Format of Work Completion Schedule.........................................................................................98
Form 14..............................................................................................................................101
Format of Guarantee Declaration..................................................................................................101
Form 15..............................................................................................................................103
Format of Information regarding Ex-employees......................................................................103
Form 16..............................................................................................................................105
Format for Price Adjustment Data...............................................................................................105
Form 17..............................................................................................................................107
Format of Option for Initial Advance (either Interest Bearing Initial Advance or No
Initial Advance) and Information for E-payment, PF details and declaration regarding
Micro/Small & Medium Enterprises............................................................................................107
Form 18..............................................................................................................................111
FORMAT OF Declaration for tax exemptions, reductions, allowances or benefits).....111
Form 19..............................................................................................................................113
Format of Bank Guarantee verification Check list..................................................................113
Form 20..............................................................................................................................118
Format of Additional Information................................................................................................118
Form 21..............................................................................................................................122
Format of Integrity Pact..................................................................................................................122

Section - 5 : Bidding Forms - Financial Part of the Bid........................................................130


PART 1

BIDDING PROCEDURES AND REQUIREMENTS


Section - 1:Request for Bids Notice/Notice Inviting Tender

Department of Power
Govt. of Arunachal Pradesh

NATIONAL OPEN COMPETITIVE PROCUREMENT

Request for Bids (RFB)/ Notice Inviting Tender (NIT)


(Single Stage Two-Envelope Bidding Process with e-Procurement)

Contract title: Development of Distribution Infrastructure at XXXXX District of


Arunachal Prdesh under the Revamped Reforms-based and Results-linked,
Distribution Sector Scheme for . Site survey, planning, design, engineering, assembly
manufacturing, testing, supply, loading, transportation, unloading, insurance, delivery at site,
handling, storage, installation, testing, commissioning, and documentation of all
items/material required to complete the Loss Reduction works.
NIT/RFB No: XXXXXXX
Issued on: [insert date when RFB is issued to the market]

1. Department of Power, Govt. of Arunachal Pradesh (hereinafter also referred to as the


Employer or the Utility) invites online Bids for Development of Distribution
Infrastructure at XXXXXX District in Arunachal Prdesh under Revamped Reforms-
based and Results-linked, Distribution Sector Scheme on behalf of Governor of
Arunachal Pradesh. Bidders are advised to note the clauses on eligibility and
qualification requirements in Section 2, to be eligible and qualify for being considered
for the award of the contract.

2. Bidding will be conducted through national open competitive e-procurement.

3. The RFB document (hereinafter also referred to as bidding document) is available


online, for downloading on www.arunachaltender.gov.in from [….. to …… <dates>].
The bidder would be responsible for ensuring that any addenda/ corrigendum/
amendment etc. available on the website/ portal is also downloaded and incorporated.

4. The bidding shall be conducted under Single Stage Two-Envelope Bidding process
with e-Procurement as specified in Section 3.

5. Under the Single Stage Two-Envelope Bidding process, the Bidder shall not quote,
disclose or submit its price in the Technical Part (First Envelope) of its bid or in any
other manner, whatsoever, except as part of the Financial Part (Second Envelope) of
its bid. In case of any non-compliance in this regard, the bids shall be out-rightly /
summarily rejected.
Part 1 - Bidding Procedures and Requirements 9

6. An incomplete and/or ambiguous and/or conditional bid and/or bid submitted late is
liable to be ignored/ summarily rejected.

7. Bid must be submitted online through the e-Procurement/ e-Tendering process


specified in Section 3. Any bid or modifications to bid received outside the e-
Procurement system will not be considered, unless otherwise specified in Section 3.
The Utility shall not be held liable for any delays due to e-Procurement/ e-Tendering
system failure beyond its control. Even though the system will attempt to notify the
bidders of any bid updates, The Utility shall not be liable for any information not
received by the bidder. It is the bidders’ responsibility to verify the website for the
latest information related to this RFB.

8. Salient details pertaining to this RFB Notice including submission and opening of bid,
bid security, cost of documents/ tender fee, if any, for downloading the bidding
document, address for communication, etc., are given in the TABLE below.

9. If the Utility office happens to be closed on the specified date of opening of the bids,
the bids will be opened on the next working day at the same time and venue or as may
be notified by the Utility.

10. Other details can be seen in the RFB document.


Part 1 - Bidding Procedures and Requirements 10

TABLE
RFB Notice/ NIT No. XXXXXXX
Contract Title for the Procurement Development of Distribution Infrastructure at XXXXX
District of ARUNACHAL PRADESH under the
Revamped Reforms-based and Results-linked,
Distribution Sector Scheme
Brief description of Scope of The scope of work under the subject package includes
Works site survey, planning, design, engineering, assembly
manufacturing, testing, supply, loading, transportation,
unloading, insurance, delivery at site, handling, storage,
installation, testing, commissioning and documentation
of all items/material required to complete the following
works in West Siang District of Arunachal Pradesh which
inter-alia include :
Loss Reduction
 HVDS (Construction of 11 kV line in the lengthy
LT overhead line Areas)
 Reconfiguration of existing 33/0.415 KV infra to
11/0.415 KV infra,
 11 KV infrastructure works for Downlinking
 Cabling works including Re-conductoring works
and cabling in natural disaster prone areas.

Mode of Procurement/Bidding Singe Stage Two-Envelope Bidding Process with e-


Procurement/ e-Tendering
Date of Release of RFB Notice/ NIT [Insert date in DD/MM/YYYY Format]
Date & Time of Pre-Bid Meeting [Insert time and date in DD/MM/YYYY Format]
Last date of Bid Submission [Insert date in DD/MM/YYYY Format, up to …… Hours
(IST)]
Date of Opening of Technical Part [Insert date in DD/MM/YYYY Format, at ….. Hours
(First Envelope) of the bid (IST)]
Opening of Financial Part (Second To be notified later. Financial Part of bids from only those
Envelope) of the Bid bidders shall be opened who, upon evaluation of
Technical Part of the bids, are found eligible and
qualified, and whose bids are found responsive to
bidding documents.
Location of Submission/ Opening Office of the Superintending Engineer(E), Arunachal
of Bids, as applicable Pradesh Electrical Circle – XX,
Department of Power, XXXX, Arunachal Pradesh.
Type of Procurement Plant (Design, Supply and Installation)
Tender Cost The Tender cost of Rs. 15000 /- + 18% GST
EMD/ Bid Security All bids must be accompanied by a bid security of Rs.
XXXX ( 2% of tender value ) in the form o f Fixed
Deposit Receipt/ Bank Draft/ Bank Guarantee/ Bankers
Part 1 - Bidding Procedures and Requirements 11

Cheque payable at a branch of Nationalized/ Scheduled


Bank duly pledged in favour of the --
Executive Engineer (Electrical), XXXXX
Electrical Division, XXXXX, Department of Power.
Performance Security The Performance Security amount is 3% of Contract
Price
Bid Validity period The bid validility period will be 180 days from from date
of Opening of Technical Part of the Bid.
Time for Completion The Time for Completion of the works is 24 Months from
the Effective Date of the Contract
Address for Correspondence Er. XXXXXXX, Superintending Engineer(E),
APEC-XX,
XXXX, Department of Power,
eMail ID: XXXX
Phone: XXXX
Contact Details of E- Procurement Er. XXXXXXX, Superintending Engineer(E),
Portal Support Team: eMail ID: XXXX
Phone: XXXX
Part 1 - Bidding Procedures and Requirements 13

Section – 2 :Eligibility and Qualification Requirements

1. Eligibility Requirements:

Technical Part of the Bid shall be evaluated, interalia, as per Section 3 on the basis of
their responsiveness to and Bidders’s compliance with the Eligibility Requirements
specified herein below:

1.1. Only firm that is a private entity, a state-owned entity or an institution, legally
established in India to undertake design, supply and installation of the works
mentioned in the scope of works under this RFB Document/ bidding documentare
eligible to bid (submit their Bid in response to RFB Notice/ NIT). The Bidder
(alternatively referred to as the Contractor/Bidder) may be a proprietorship concern
or a partnership firm operating in India, or a registered entity in India under the
Companies Act, 1956, 2013 or LLP Act.

1.2. Any combination of such entities eligible as per 1.1 above, is also eligible to bid in
the form of a joint venture (JV) as defined in Section 3, under an existing agreement.
In the case of a joint venture, the number of members of the JV shall not exceed 03
(three) and all members shall be jointly and severally liable for the execution of the
entire Contract in accordance with the Contract terms. The JV shall nominate a
Representative who shall have the authority to conduct all business for and on behalf
of any and all the members of the JV during the Bidding process and, in the event the
JV is awarded the Contract, during contract execution.
In case of JV, the bidding JV (also referred to as the Bidder) shall submit a Joint
Deed of Undertaking in Technical Part of its bid, as per the format enclosed in
Section 4 of the RFB/ bidding document. No change in the structure / constitution of
theJV shall be permitted at any stage during bidding or execution of the Contract in
the event of award.

1.3. As an exception to the foregoing Clause 1.1&1.2 above:

a. Sanctions :Firms, which includes any of the JV members in case of bidding Joint
Venture as per Clause 1. 2 above, blacklisted by the Employer/ CPSEs or any of
their subsidiaries / Government of India/ Government of Arunchal Pradesh / any
Regulatory Authority, as on the date of submission of Bid, are not eligible to bid.

b. Suspension :Firm, which includes any of the JV members in case of bidding Joint
Venture as per Clause 1. 2 above, under suspension by the Employer as the result of
the operation of a Bid–Securing Declaration or Proposal-Securing Declaration, shall
not be eligibile to bid.

c. Prohibitions : Firms, which includes any of the JV members in case of bidding


Joint Venture as per Clause 1. 2 above, and individuals of a country or goods/
Part 1 - Bidding Procedures and Requirements 14

works/ services manufactured/ produced in a country shall be ineligible, if as a


matter of law or official regulations, the Government of India prohibits commercial
relations with that country.

1.4. To be eligible to bid, the Bidders must ensure compliance to the following, failing
which they shall not be eligible:

Restrictions under Rule 144 (xi) of GFR 2017: Restrictions on procurement from
a bidder of a country which shares a land border with India

I. Any bidder from a country which shares a land border with India will be eligible
to bid only if the bidder is registered with the Competent Authority.

II. "Bidder" (Seller / Service Provider) means any person or firm or company,
including any member of a consortium or joint venture (that is an association of
several persons, or firms or companies), every artificial juridical person not falling
in any of the descriptions of bidders stated hereinbefore, including any agency
branch or office controlled by such person, participating in a procurement process.

III. "Bidder from a country which shares a land border with India" for the purpose
of this Order/ Rule means: -
a. An entity incorporated, established, or registered in such a country; or
b. A subsidiary of an entity incorporated, established, or registered in such a
country; or
c. An entity substantially controlled through entities incorporated, established, or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above

IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person, has a controlling ownership interest or who exercises control
through other means. Explanation—
a. "Controlling ownership interest" means ownership of or entitlement to more than
twenty-five percent of shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;

2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
Part 1 - Bidding Procedures and Requirements 15

ownership of entitlement to more than fifteen percent of capital or profits of the


partnership;

3. In case of an unincorporated association or body of individuals, the beneficial


owner is the natural person(s), who, whether acting alone or together, or through
one or more juridical person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association or body of
individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;

5. In case of a trust, the identification of beneficial owner(s) shall include


identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.

V. An Agent is a person employed to do any act for another, or to represent another


in dealings with third person.

VI. The successful bidder shall not be allowed to sub-contract works to any
Contractor/Bidder from a country which shares a land border with India unless
such Contractor/Bidder is registered with the Competent Authority.

1.5. Only‘Class –I local supplier’ are eligible to bid in line with the following:

(i) Public Procurement (Preference to Make in India) Order, 2017 issued by


Department for promotion of Industry and Internal Trade (DPIIT), Ministry of
Commerce and Industry, Government of India vide order dated 15/06/2017, its
revision dated 16/09/2020 (PPP-MII Order),

(ii) #‘Public Procurement (Preference to Make in India) to provide for Purchase


Preference (linked with local content) in respect of Power Sector’ order dated
28/07/2020 issued by Ministry of Power (MoP Order)
Or
# Public Procurement (Preference to Make in India) Order, 2017- Notification of
Telecom products, Services or Works issued by Department of
Telecommunications (DoT), Ministry of Communications, Government of India,
vide Notification dated 29.08.2018 (DoT Order)
Or

# [Public Procurement (Preference to Make in India) Order related any other


Order issued by a Nodal Ministry which is applicable to the procurement]
Part 1 - Bidding Procedures and Requirements 16

and any subsequent modifications/Amendments, if any.

As per the aforesaid orders:

‘Class –I local supplier’ means a supplier or service provider , whose goods, services
or works offered for procurement, meets the minimum local content as prescribed for
‘Class-I local supplier’.Presently, the local content requirement to categorize a
supplier as ‘Class-I local supplier’ is minimum 50%*.

Further, for the purpose of purchase preference under the PPP-MII Order:

‘Local Content’ means the amount of value added in India which shall be the total
value of the item procured (excluding net domestic indirect taxes) minus the value of
imported content in the item (including all customs duties) as a proportion of the total
value, in percent.

The [‘Class –I local supplier’shall give a self-certification in is Technical part of the


Bid in the format given in Section 4 of RFB document, indicating the percentage of
Local Content and certifying that the item offered meets the Local Content
requirement for ‘Class –I local supplier’, as the case may be, and shall give details of
the location(s) at which value addition is made. Further, in case of procurement
above Rs. 10 Crore, the ‘Class –I local supplier’shall provide a certificate from
statutory auditor or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of suppliers
other than companies) giving the percentage of Local Content. False declaration
regarding Local Content by the bidder shall be a transgression of Integrity Pact, if
applicable, and as per clause ITB 2 of Section, RFB document, and action shall be
taken in accordance therewith and in line with the provisions of the above Orders.
Further, in case of price reduction during e-Reverse Auction, if envisaged as per
Section 3 of RFB document, or for any other reason including matching L1 price
pursuant to the purchase preference extended, the revised prices shall be so as to
ensure that classification of the bidder ‘Class –I local supplier’remains unchanged.

1.6. Employer reserves the right to request for any additional information and also
reserves the right to reject the Proposal of any Bidder, if in the opinion of Employer,
the qualification data is incomplete or the Bidder is found not qualified to
satisfactorily perform the Contract.

1.7. For the purposes of these Bidding Documents, the words “facilities,” “plant and
equipment,” “installation services,” etc., shall be construed in accordance with the
respective definitions given to them in the General Conditions of Contract.
Part 1 - Bidding Procedures and Requirements 17

2. Qualification Requirements

2.1. Technical:

2.1.1. For the purpose of this particular bid, bidder shall meet the following minimum
criteria in past 7 years (up to last completed financial year):

i. Experience in similar work (as per clause 2.1.3 mentioned below)under


single contract, costing not less than Rs. XXXXXX ( the amount equal to
70% of the estimated amount of the project).The works under the above
contract should be completed works only.

Or

ii. Experience in similar works (as per clause 2.1.3 mentioned below) under
two contracts, each costing not less than Rs. XXXXXX ( the amount equal
to 40% of the estimated amount of the project) The works under the above
two contracts should be completed works only.

Or

iii. Experience in similar works (as per clause 2.1.3 mentioned below) under
three contracts,each costing not less than Rs. XXXXXX ( the amount equal
to 30% of the estimated amount of the project). The works under the above
three contracts should be completed works only.

2.1.2. Collectively the JV partners should meet the criteria of projects mentioned in
2.1.1 above. However, each JV partner should have completed at least 1 contract
costing not less than […. insert the amount equal to 30% of the estimated
amount of the project…].
For illustration, the various cases possible, along with the number of contracts and
the minimum amounts for each of scenarios are shown below:

Case 1: JV of two (2) partners


Scenario Partner 1 Partner 2
A) 1 contract of minimum 70% of 1 contract of minimum 30%
the cost of the cost
1. One partner fully meets the B) 2 contracts, each of minimum 1 contract of minimum 30%
qualification requirements 40% of the cost of the cost
C) 3 contracts, each of minimum 1 contract of minimum 30%
30% each of the cost of the cost
A) 1 contract of minimum 40% of 1 contract of minimum 40%
2. Both partners put together meet the cost of the cost
the qualification requirements B) 2 contracts of minimum 30% of 1 contract of minimum 30%
the cost of the cost
Part 1 - Bidding Procedures and Requirements 18

Case 2: JV of three (3) partners


Scenario Partner 1 Partner 2 Partner 3
A) 1 contract of 1 contract of
1 contract of minimum
minimum 30% of the minimum 30% of the
70% of the cost
cost cost
1. One partner fully B) 2 contracts, each of 1 contract of 1 contract of
meets the qualification minimum 40% of the minimum 30% of the minimum 30% of the
requirements cost cost cost
C) 3 contracts, each of 1 contract of 1 contract of
minimum 30% each of minimum 30% of the minimum 30% of the
the cost cost cost
A) 1 contract of 1 contract of
1 contract of minimum
2. All partners put minimum 40% of the minimum 30% of the
40% of the cost
together meet the cost cost
qualification B) 1 contract of 1 contract of
1 contract of minimum
requirements minimum 30% of the minimum 30% of the
30% of the cost
cost cost

2.1.3. For the purposes of satisfaction of Technical Requirement, similar works refers
to:
a) Project(s) execution in one or more sectors below :-
1)Electrical Transmission sector
2) Sub-transmission sector
3) Electrical distribution sector

In above sectors, type of construction works undertaken should be of the


nature of one or more of the following :-
1) HT lines
2) LT lines (Naked wire/ AB Cable)
3) Distribution transformers
4) Substations

b) Not withstanding the clause 2.1.3(a) above, experience in LT lines (AB


Cable) would be considered eligible.

2.1.4. The experience of the bidder as part of Joint venture or consortium or a sub-
Contractor/Bidder will be considered for the purpose of evaluation as per the
clause 2.1.1, 2.1.2 and 2.1.3 above only in case where the bidder is able to
provide approval/acceptance of the mentioned works from the end-customer or
the distribution company whichever is applicable.

2.1.5. Work experience of the bidder as per above shall be consider only if the works
have been executed under Govt./ Semi- Govt./ autonomous body of central/
state Govt./ Electricity Power Utility/ Power Department in India only.
Supporting document ( copy of letter of Award & work completion certificate)
in this regard should be mandatorily enclosed.
Part 1 - Bidding Procedures and Requirements 19

2.2. Financial/ Commercial:

2.2.1. The Net Worth of the bidder must be positive for the each of the last three
Financial Years. Net worth means the sum total of the paid up capital and free
reserves (excluding reserves created out of revaluation) reduced by aggregate
value of accumulated loses (including debit balance in profit and loss account
for current year) and intangible assets.

2.2.2. Minimum Average Annual Turnover (MAAT) of the Bidder for best three years
out of last five financial years of the bidder should not be less than Rs.
XXXXXX Lakhs (the amount equal to 30% of the estimated cost of the project
rounded off upto two decimal places).

2.2.3. Bidder must have liquid assets (LA) and/ or evidence of access to or
availability of fund based credit facilities/ Loan against Fixed Deposit of not less
than Rs. XXXXXX Lakhs ( the amount equal to 10% of the estimated cost of
the project rounded off upto two decimal places) and the Banker should confirm
that the Credit facility is earmarked for the Works specified under Bid on receipt
of the Bid. Liquid Assets would include unincumbered cash (and equivalents),
bank deposits with maturity less than 365 days, securities that can be freely
traded or maturity less than 365 days and receivables which has general
certainty of getting received minus payables which has general certainty of
getting paid.

2.2.4. In case a bid is submitted by a Joint Venture (JV), all the partners of the JV
shall meet, individually, the qualification set forth at para 2.2.1 above and
collectively the requirement of para 2.2.2 & 2.2.3 above. The figures for each of
the partner of the joint venture shall be added together to determine the bidder’s
compliance with the minimum qualifying criteria set out in para 2.2.2 &2.2.3
above; however in order for a joint venture to qualify, the partner(s) of joint
venture must meet the following minimum criteria:

2.2.4.1. At least one partner (lead partner) shall meet, not less than 40% of the
minimum criteria given at Para 2.2.2 & 2.2.3 above.
AND
2.2.4.2. Each of the other partner(s) shall meet not less than 25% of the criteria
given at Para 2.2.2 & 2.2.3 above.

2.2.5. Failure to comply with requirement mentioned in 2.2.4 will result in rejection
of the Joint Venture’s bid.

2.2.6. The lead partner shall be authorized to incur liabilities and receive instruction
for and on behalf of any and all partners of the joint venture and the entire
execution of the contract including receipt of payment shall be done exclusively
through the lead partner. This authorization shall be evidenced by submitting in
Part 1 - Bidding Procedures and Requirements 20

Technical Part of its bid, a power of attorney signed by legally authorized


signatories of all the partners as per proforma in Section 4 of the RFB/ bidding
documents

2.2.7. All partners of the joint venture shall be liable jointly and severally for the
execution of the contract in accordance with the contract terms and a copy of the
agreement entered into by the Joint Venture partners having such a provision
shall be submitted with the Technical Part of the bid. A statement to this effect
shall be included in the authorization mentioned under para 2.2.6 above as well
as in the Bid Form and in the Contract Form (in case of a successful bid);

2.2.8. The Bidder shall also furnish following documents/details with Technical Part
of its bid:

2.2.8.1. A certificate from banker (as per specified format) indicating various
fund based limits sanctioned to the bidder and the extent of utilization as on
date. Such certificate should have been issued not earlier than three months
prior to the date of bid opening. Wherever necessary, the employer may
make queries with the Bidders’ bankers.

2.2.8.2. The complete annual reports together with Audited statement of


accounts of the company for last five years of its own (separate)
immediately preceding the date of submission of bid. In case audited
statements of the last financial year are not available the audited statements
of the preceding five years can be submitted.

2.2.8.3. Note:
2.2.8.3.1. In the event the bidder is not able to furnish the information of its
own (i.e. separate), being a subsidiary company and its accounts are
being consolidated with its group/holding/parent company, the bidder
should submit the audited balance sheets, income statements, other
information pertaining to it only (not of its group/Holding/Parent
Company) duly certified by any one of the authority [(i) Statutory
Auditor of the bidder /(ii) Company Secretary of the bidder or (iii) A
certified Public Accountant] certifying that such
information/documents are based on the audited accounts as the case
may be.

2.2.8.3.2. Similarly, if the bidder happens to be a Group/Holding/Parent


Company, the bidder should submit the above documents/information
of its own (i.e. exclusive of its subsidiaries) duly certified by any one
of the authority mentioned in Note - 2.2.8.3.1 above certifying that
these information/ documents are based on the audited accounts, as
the case may be.
Part 1 - Bidding Procedures and Requirements 21

2.2.8.4. Subcontractors’ technical experience and financial resources shall not


be taken into account in determining the Bidder’s compliance with the
qualifying criteria.

2.2.8.5. Work experiences of the bidder as per above shall be considered only
if the works have been executed under Govt./Semi-Govt./autonomous body
of Central/State Govt./Electricity Power Utility/ Power Deptt. in India
only.

2.2.8.6. The bidder should meet the necessary license class requirements as
applicable for the execution of works in this RFB.

However in case the bidder does not hold the license for the given State,
then the bidder should possess the equivalent license for any one State in
India and post-award the bidder is required to acquire the necessary license
for the given State within a period of two months.
In case bid is submitted by Joint Venture, all partners whose scope as per
the delineation of responsibilities amongst JV partners includes execution
of Works or part thereof at Site, should possess and/or acquire the
necessary license as stated above.
Part 1 – Bidding Proceduresand Requirements 22

Section - 3 :Instructions to Bidders and Bid Data Sheet

A. Instructions to BiddersGeneral
1.1 Inconnection with the Notice Inviting Tenders (NIT)/Request for
1. Scope of Bid
Bids(RFB) Notice specified in Bid Data Sheet, the Employer
and Definitions
(named in the Bid Data Sheet) issues this RFB/Bidding Document for
the Design, Supply and Installation of Plant (also referred to as the
Scope of Work), asspecified in Section6, Employer’s
Requirement.The name and identification of the package for award
of contractunder this NIT/RFB is specified in Bid Data Sheet.
1.2 Through out this bidding document:
(a) “Affiliate(s)” means an individual or an entity that directly or
indirectly controls, is controlled by, or is under common
control with the Bidder.
(b) “Applicable Law” means the laws and any other instruments
having the force of law in India, as may be issued and in force
from time to time.
(c) ‘Employer’/ ‘Utility’ means the entity, as briefly described in
Bid Data Sheet, that has issued the Request for Bids foraward
of the Contract for the Design, Supply and Installation of Plant
(also referred to as the Scope of Work), as specified in Section
6, Employer’s Requirement.
(d) “Bid” means the Technical Part (first Envelope) and the
Financial Part (Second Envelope) of its bid submitted by the
Bidder who participates in the bidding in response to Notice
Inviting Tenders (NIT)/ Request for Bids (RFB) Notice. It is
alternatively also referred to as the tender.
(e) “Bid Data Sheet (BDS)” means an integral part of the
Instructions to Bidders (ITB) Section 3, that is used to reflect
issues, details and conditions specific to the procurement, to
supplement and/or modify the provisions of ITB.
(f) “Bidder” means a legally-established professional firm or an
entity that may submit its Bid to the Employer in response to
the RFB Notice/ NIT issued by the Employer, to provide/
provision the Plant to the Employer.
(g) “Contract” means a legally binding written instrument entered
between the Employer/ Utility and the successful Bidder, in the
manner and in accordance with the RFB document/ bidding
Part 1 - Bidding Procedures and Requirements 23

documents, for the Design, Supply and Installation of Plant


(also referred to as the Scope of Work),and includes the Letter
of Acceptance/ Notification of Award, the Contract Agreement,
the General Conditions of Contract (GCC), the Special
Conditions of Contract (SCC), and the Appendices and the
documents attached thereto.
(h) “Day” means a calendar day, unless otherwise specified as
“Business Day”. A Business Day is any day that is an official
working day of Employer. It excludes Employer’s official
public holidays.
(i) “Government” means the government of India, State
Government or Local Government as applicable.
(j) “in writing” means communicated in written form (e.g. by
mail, e-mail, fax, including that distributed or received through
the electronic-procurement system used by Employer).
(k) “Plant”, “Installation Services”, “Facilities” (also referred
hereinafter as “Works”) used herein shall have the same
meaning as ascribed to them in Section 7.
(l) “ITB” (this Section 3 of the RFB/ Bidding Documents) means
the Instructions to Bidders that, along with other Sections,
provides the Bidders with all information needed to prepare and
subit their Pids.
(m) “Joint Venture (JV)” means an association with or without a
legal personality distinct from that of its members, of more than
one entity/ firm where one member has the authority to conduct
all business for and on behalf of any and all the members of the
JV, and where the members of the JV are jointly and severally
liable to Employer for the performance of the Contract.
Whether or not bidding by Joint Venture is permitted, is
specified in BDS and in Section 2.
(n) “RFB” means the Request for Bids issued by Employer for the
selection of the successful Bidder from amongst the bids
sumitted by bidders(s) who bid against and in response to the
Request for Bids Notice (alternatively reffered to as Notice
Inviting Tenders (NIT)) under Two Envelope Single Stage
Bidding Process.
(o) “Sub-contractor” means an entity to whom the Contractor
subcontracts any part of the Works as per the applicable
provisions of the Contract while the Contractor remains
responsible to Employer for the whole and successful
performance of the Contract.
(p) Capitalised terms used herein but not defined specifically shall
Part 1 - Bidding Procedures and Requirements 24

have the meaning as ascribed to them in Section 5 and Section


6, and elsewhere in RFB/bidding Document.
(q) If the context so requires, “singular” means “plural” and vice
versa.
(r) “TPQMA” means a “Third Party Quality Monitoring Agency”
that the Nodal Agency for RDSS (REC/PFC) engages to carry
out Pre Dispatch inspection of materials at manufacturing
facilities of Contractor or Sub Contractor/ Sub-Vendors of the
Contractorand to carry out the inspection in the field of the
works carried out in the RDSS scheme.

2.1 The Employer requires compliance with the Anti-Corruption Guidelines/


2. Fraud and
Corruption Laws in force of the relevant Government/ its instrumentalities/ Utility.
2.2 Bidders are also required to sign and furnish in the Bid, duly signed
Integrity Pact if so specified in ITB 10.2.8.

3.1 The eligibilityand qualification requirementsagainst the RFB are given


3. Eligibility, in Section 2, for the Bidders and the Plant/ Installation Services/ Works
Qualification . Bids, if any, from Bidders and/or offering Plant/ Installation Services/
Requirements Works not complying with the same shall be outrightly rejected and
shall not be considered for evaluation

3.2 Bids submitted by the Bidders shall be evaluated to ascertain their


compliance with Eligibility and Qualification Requirements, based on
the details/ information/ documentary evidence pertaining to the same
to be submitted in the Technical Part, as specified in ITB. All Bidders
shall provide in Section 4, Bidding Forms, requisite details and
documents in support of meeting the Eligibility and Qualification
Requirements. A Bid shall be rejected if the Bidder submitting the Bid,
fails to meet the Eligibility and Qualification Requirements. Bids
submitted by those Bidders who meet the Eligibility and Qualification
Requirements shall be shortlisted for further evaluation of their bids.

3.3 A Bidder shall provide such additional documentary evidence of


eligibility and/or qualification satisfactory to the Employer, as the
Employer shall reasonably request.

4.1 A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of
4. Conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of
Interest interest for the purpose of this Bidding process, if the Bidder:
Part 1 - Bidding Procedures and Requirements 25

(a) directly or indirectly controls, is controlled by or is under common


control with another Bidder; or
(b) receives or has received any direct or indirect subsidy from another
Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or through common
third parties, that puts it in a position to influence the Bid of another
Bidder, or influence the decisions of the Employer regarding this
Bidding process; or
(e) any of its affiliates participated as a consultant in the preparation of
the design or technical specifications of the works that are the
subject of the Bid; or
(f) any of its affiliates has been hired (or is proposed to be hired) by the
Employer for the Contract implementation; or
(g) has a close business or family relationship with a professional staff
of the Utility (or of the project implementing agency) who: (i) are
directly or indirectly involved in the preparation of the bidding
document or specifications of the Contract, and/or the Bid
evaluation process of such Contract; or (ii) would be involved in the
implementation or supervision of such Contract unless the conflict
stemming from such relationship has been resolved in a manner
acceptable to the Employer throughout the Bidding process and
execution of the Contract.
4.2 A firm that is a Bidder (either individually or as a JV member) shall
not participate as a Bidder or as JV member in more than one Bid.
Such participation shall result in the disqualification of all Bids in
which the firm is involved. However, this does not limit the
participation of a Bidder as subcontractor in another Bid or of a firm
as a subcontractor in more than one Bid.

B. Contents of Bidding Document


5.1 The bidding document ( also referred to as the RFB document)consist
5. Sections of
of Parts 1,2, and 3, which include all the sections indicated below, and
Bidding
should be read inconjunction with any Addenda/ Corrigenda/
Document
Amendments issued in accordance with ITB7.
PART 1 Bidding Procedures and Requirements
 Section 1 - Request for Bids Notice
 Section 2 - Eligibility and Qualification Requirements
 Section 3 - Instructions to Bidders and Bid Data Sheet
 Section 4 - Bidding Forms - Technical Part of the Bid
Part 1 - Bidding Procedures and Requirements 26

 Section 5- Bidding Forms - Financial Part of the Bid

PART 2 Employer’s Requirements

 Section 6–Employer’s Requirement


PART 3 Conditions of Contract and Contract Forms
 Section 7 - Conditions of Contract
 Section 8 - Contract Forms

5.2 The Bidder is expected to examine all instructions, forms, terms, and
specifications in the bidding document and to furnish with its Bid,
all information or documentation as is required by the RFB/ bidding
document.

6. Bidding
Process
Management,
Clarification of the
Bidding Document, Site
Visit and Pre-Bid
Meeting

a) Electronic 5.3 Electronic- Bidding System (also referred to as e-Procurement or e-


Procurement Tendering system) as specified in the BDS shall be used to manage the
bidding process. Only the Bids which are submitted and received
through the specified system in conformity with the procedures and
requirements specified of ITB and BDS shall be considered.

b) Clarifications to 5.4 The electronic- bidding system specified in the ITB 6.1 provides for online
Bidding Documents clarifications. A Bidder requiring any clarification of the bidding
document may notify the Employer online or through any other mode if so
specified in BDS.Clarifications requested through any other mode shall
not be considered by the Employer .The Employer will respond to any
request for clarification, provided that such request is received prior to
the deadline for submission of Bids with in a period specified in the
BDS. Description of clarification sought, and the response of the
Employer shall be uploaded for information of all Bidders without
identifying the source of request for clarification. Should the clarification
result in changes to the essential elements of the bidding document, the
Employer shall amend the bidding document following the procedure
under ITB7 and ITB 21.2.
c) Site Visit 5.5 The Bidder is advised to visit and examine the Site where the Plant is to
be installed/ Works are to be provided, and its surroundings and obtain for
Part 1 - Bidding Procedures and Requirements 27

itself on its own responsibility all information that may be necessary for
preparing the Bid and entering into a contract for provision of Plant and
Installation Services/ construction of the Works. The costs of visiting the
Site shall be at the Bidder’s own expense.
It is mandatory for the intending Bidder to submit their respective
BIDS after visiting the site and ascertaining for themselves the site
conditions, location, surroundings, access to site, handling and storage
of materials, applicable laws and regulations, and any other matter
considered by them.
Bidders are advised to visit the site and familiarize themselves with the
Project within the stipulated time of submission of the Bid.
The Bidders are requested to submit site visit certificate duly
issued and signed by the concerned Executive Engineer (Electrical)
and this will be the integral part of their tender or bid
mandatorily.
The bidder shall visit the site at its own expense and risk.

5.6 The Bidder and any of its personnel or agents will be granted permission
by the Employer to enter upon its premises and lands for the purpose of
such visit, but only upon the express condition that the Bidder, its
personnel, and agents will release and indemnify the Employer and its
personnel and agents from and against all liability in respect thereof, and
will be responsible for death or personal injury, loss of or damage to
property, and any other loss, damage, costs, and expenses incurred as a
result of the inspection.
d) Pre-Bid Meeting 5.7 If so specified in the BDS, the Bidder’s designated representative is
invited to attend a pre-Bid meeting. The purpose of the meeting will be
to clarify issues and to answer questions on any matter that may be
raised at that stage.
5.8 The Bidder is requested to submit any questions in writing, to reach the
Employer not later than one day before the meeting.
5.9 Minutes of the pre-Bid meeting, including the text of the questions
raised without identifying the source, and the responses given, together
with any responses prepared after the meeting, will be notified online
through electronic-bidding system. Any modification to the bidding
document that may become necessary as a result of the pre-Bid meeting
shall be made by the Employer exclusively through the issue of an
Addendum pursuant to ITB 7 and not through the minutes of the pre-
Bid meeting. Nonattendance at the pre-Bid meeting will not be a cause
for disqualification of a Bidder.

5.10At any time prior to the deadline for submission of Bids, the Employer
7. Addenda/
Part 1 - Bidding Procedures and Requirements 28

may amend the bidding document by issuing addenda/ corrigendum/


Corrigendum/Ame
amendment.The addendum/ corrigendum/ amendment will be in writing
ndmentof Bidding
and appear on the e-procurement system and through email notification
Document
automatically sent to those bidders who have started working on the
procurement, or as otherwise specified in BDS.
5.11Any addendum/ corrigendum/ amendment issued shall be part of the
bidding document and shall be deemed to have been communicated to
all the bidders.
5.12To give prospective Bidders reasonable time in which to take
anaddendum/ corrigendum/ amendment into account in preparing their
Bids, the Employer may ,at its discretion, extend the deadline for the
submission of Bids, pursuant to ITB 21.2.

C. Preparation of Bids
5.13The Bidders hall bear all costs associated with the preparation and
8. Cost of Bidding
submission of its Bid, and the Employer shall not be responsible or
liable for those costs, regardless of the conductor out come of the
bidding process.

5.149.1 The Bid, as well as all correspondence and documents relating to the
9. Language of Bid
Bid exchanged by the Bidder and the Employer, shall be written in
English. Supporting documents and printed literature that are part of the
Bid may be in another language provided they are accompanied by an
accurate translation of the relevant passages into English, in which case,
for purposes of interpretation of the Bid, such translation shall govern.

10.1Under the Single Stage Two Envelope bidding process, the Bid shall
10. Documents
comprise two Parts, namely the Technical Part and the Financial Part. These
comprising Bid
two Parts shall be submitted by the Bidder simultaneously
The Technical Part shall contain the following:
5.14.1 Letter of Bid-Technical Part:prepared inaccordance with ITB11;
5.14.2 Bid Security or Bid-Securing Declaration: inaccordance with
ITB18, prepared using the relevant form furnished in Section 4 -
Bidding Forms - Technical Part of the Bid
5.14.3 Authorization:Document authorizing the signatory of the Bid to
commit the Bidder,inaccordance with ITB19.3 or ITB 19.4, as may
be applicable, prepared using the bidder’s own format;
5.14.4 Bidder’s Eligibility: documentary evidence inaccordance with
ITB16.1establishing the Bidder’seligibility to Bid as per the
requirements specified in Section2/ Section3;
5.14.5 Qualifications: documentary evidence inaccordance with ITB16.2
establishing the Bidder’s compliance to the Qualifications
Part 1 - Bidding Procedures and Requirements 29

Requirements specified in Section 2/ Section 3, along with duly


filled in form for compliance of Qualification Requirements,
furnished in Section 4 - Bidding Forms - Technical Part of the Bid;
5.14.6 Eligibility of Goods/ Works/ Plant and Installation
Services:documentary evidence inaccordance with
ITB16.1,establishing the eligibility of the Works to be supplied by
the Bidder;
5.14.7 Conformity:Undertaking on Compliance of terms & conditions of
the Bidding Documents including Scope of Services and other
related requirements, towards documentary evidence in accordance
with ITB 15.1, prepared using the relevant form furnished in
Section 4 - Bidding Forms - Technical Part of the Bid; and
5.14.8 Any other document if required as per BDS.

10.2.9 In addition to the requirements as aforesaid, Bids submitted by a JV shall include a


copy of the Joint VentureAgreement entered into by all members, a Joint Deed of
Undertaking and Power of Attorney. The the Joint Deed of Undertaking and the
Power of Attorney shall be prepared using the relevant form furnished in Section
4 - Bidding Forms - Technical Part of the Bid

5.15The Financial Part shall contain the following:


5.15.1 Deleted
5.15.2 Price Schedules:completed prepared in accordance with ITB11, ITB
13 and ITB14;
5.15.3 Any other document if required in BDS.
5.16 The Technical Part shall not include any financial information related to
the Bid price. Where material financial in formation related to the Bid
price is contained in the Technical Part the Bid shall be declarednon-
responsive.

5.17The Letter of Bid – Technical Part shall be prepared using the relevant
11. Process of Bid
forms furnished in Section 4 - Bidding Forms - Technical Part of the Bid.
Submission
The priced Schedulesfor the Plant and Installation Services/ Works, shall
be prepared using the relevant forms furnished in Section 5 - Bidding
Forms - Financial Part of the Bid. The forms must be completed without
any alterations to the text, except as provided under ITB 19.3 for which
the bidder can use its own format. All blank spaces shall be filled in with
the information requested.
5.18 Entire Bid as per ITB 10including the Letters of Bid and filled-up priced
Schedulesfor the Plant and Installation Services/ Works, shall be
Part 1 - Bidding Procedures and Requirements 30

submitted online on e-procurement system specified in ITB 6.1. Details


and process of online submission of the Bid/ tender and relevant
documents are given in ITB 6.1 and the concerned website referred
therein.
5.19 Submission of Original Documents: The Bidders are also required to
separately submit the hard copy of the documents, if any mentioned in
BDS, at Employer’s address specified in BDS, so as to reach the office
before the opening of the Technical Part of the Bid, either by
registered/speed post/courier or by hand, failing which the bids are liable
to be declared non-responsive.
5.20 Hard copy of rest of the Bid or any document, other than those specified
in ITB 11.3 are not to be submitted. Employer may, however, seek
submission of hard copy of any of the other documents forming part of
the Bid or any other supporting/ related document from any of the
bidders during the process of evaluation of the Bids, without permitting
change in substance of the Bid.

5.21Alternative Bids are not permitted and shall not be considered.


12. AlternativeBids

5.22Unless otherwise specified in the BDS, Bidders shall quote for the entire
13. Bid prices and
Plant and Installation Services on a “single responsibility” basis. The total
Discounts
Bid price shall include all the Contractor’s obligations mentioned in or to
be reasonably inferred from the bidding document in respect of the design,
engineering, manufacture, including procurement and subcontracting (if
any), delivery, construction, installation and completion of the Plant. This
includes all requirements under the Contractor’s responsibilities for testing,
pre-commissioning and commissioning of the plant and, where so required
by the bidding document, the acquisition of all permits, approvals and
licenses, etc.; the operation, maintenance and training services and such
other items and services as specified in the bidding document, all in
accordance with the requirements of the bidding documents.
5.23Bidders are required to quote the price for the commercial, contractual
and technical obligations outlined in the bidding document.
5.24Bidders shall give a breakdown of the prices in the manner and detail
called for in the Price Schedules included in Section 5. Bidding Forms –
Financial Part of the Bid.
5.25Depending on the Scope of the Work and the Contract, the Price
Schedules shall comprise the schedules listed below. Bidders shall note
that the plant and equipment included in Schedule Nos. 1 exclude
materials used for civil, building and other construction works. All such
materials shall be included and priced under Schedule No. 2, Installation
Services. The Schedules comprise:
Part 1 - Bidding Procedures and Requirements 31

Schedule No. 1: Supply of Plant (including Mandatory Spare Parts)

Schedule No. 2: Supply of Installation Services

Schedule No. 3: Grand Summary (Schedule Nos.1 and 2)

Schedule No. 4: Recommended Spare Parts

5.26In the Schedules, Bidders shall give the required details and a breakdown
of their prices as follows:
5.26.1 Supply of Plant (Schedule No. 1):
(i) The price of the plant shall be quoted on FOR (final place of
destination(Site/ Project Site) as specified in BDS) basis, and shall
be inclusive of all costs, expenses, duties, taxes, and other levies
incidental thereto interalia including design, engineering,
manufacture, testing, transportation, insurance etc. and other services,
incidental thereto, as applicable, and taking into account any input tax
credit except (ii) below;

(ii) GST as percentage of the price as per (i) above, payable additionally
by the Utility, applicable on the plant/ goods/ material, if the contract
is awarded to the Bidder, is pre-specified in Schedule No.1 and
bidders are not required to quote the same separately anywhere in
the bid. (Basis the same and the price quoted as per (i) above, the
amount towards GST against each item shall get calculated
accordingly); and

(iii) The total price for the item i.e. (i) plus (ii) above.

(iv) In case of any bidder quoted different rate for the same item,
minimum rate would be considered for the evaluation of bid.

5.26.2 Supply of Installation Services (Schedule No. 2):


(i) The price of Installation Services {excluding the incidental services
included in 13.5.1 (ii)} shall be quoted separately and shall be
inclusive of all costs, expenses, duties, taxes, and other levies
related, interalia, to unloading and handling of plant, all labor,
contractor’s equipment, temporary works, materials, consumables,
design and preparation of layout, engineering drawings, and all
matters and things of whatsoever nature, including testing, pre-
commissioning and commissioning, operations and maintenance
services, the provision of as-built drawings, operations and
maintenance manuals, training, etc., applicable and necessary for
the proper execution of the installation and other services, at final
destination (Site/ Project Site) as specifiedin the BDS, related to and
incidental to successful installation of the Plant, except (ii) below;

(ii) GST as percentage of the price as per (i) above, payable additionally
by the Utility,applicable on the Installation Services, if the contract
is awarded to the Bidder, is pre-specified in Schedule No.2 and
bidders are not required to quote the same separately anywhere in
the bid (Basis the same and the price quited as per (i) above, the
amount towards GST against each item shall get calculated
Part 1 - Bidding Procedures and Requirements 32

accordingly); and

(iii) The total price for the item i.e. (i) plus (ii) above.

(iv) In case of any bidder quoted different rate for the same item,
minimum rate would be considered for the evaluation of bid.

(v) Any essential item required during erection/ installation for the
successful commission of the particular works but not included in
the schedule shall be arranged by the bidder/ Contractor.

5.26.3 Grand Summary (Schedule No. 3):


The total amount of each of the components from each of Schedule
No.1 and Schedule No. 2 corresponding to the Plant and Installation
Services, shall be summarized in the schedule titled Grand
Summary, (Schedule 3). Aggregateof the total amount as per ITB
13.5.1 (i) and ITB 13.5.2 (i), giving the total Bid price, excluding
GST, is to be entered in the Letter of Bid. The total amount towards
GST, that is aggregate of the total amount as per ITB 13.5.1 (ii) and
ITB 13.5.2 (ii) is to be indicated separately in Schedule No. 3 and
entered separately in the Letter of Bid .

5.26.4 Recommended Spare Parts ( Schedule No. 4)


Recommended spare parts shall be quoted separately
(Schedule 4) in the manner and as specified in
subparagraph 13.5.1 above.
5.26.5 The terms CIP, CIF, EXW, FOR and other similar terms shall be
governed by the rules prescribed in the current edition of Incoterms,
published by the International Chamber of Commerce.
5.26.6 Items against which no rate or price is entered by the Bidder shall be
deemed covered by the rates for other items in the Price Schedule and
will not be paid for separately by the Employer. An item not listed in
the priceschedule shall be assumed to be not included in the Bid, and
provided that the Bid is determined substantially responsive
notwithstanding this omission, the price as specified in ITB 28.3, will
be added to the Bid price and the equivalent total cost of the Bid so
determined will be used for price comparison.
5.27 The prices shall be fixed as specifiedin the BDS.
5.28 In the case of Fixed Price, prices quoted by the Bidder shall be
fixed during the Bidder’s performance of the contract and not
subject to variation on any account. A Bid submitted with an
adjustable price quotation will be treated as non-responsive and
rejected.
5.29 In the case of Adjustable Price, prices quoted by the Bidder shall be
subject to adjustment during performance of the contract to reflect
changes in the cost elements such as labor, material, transport and
Part 1 - Bidding Procedures and Requirements 33

Contractor/Bidder’s equipment in accordance with the procedures


specified in the corresponding Appendix to the Contract
Agreement. A Bid submitted with a fixed price quotation will not be
rejected, but the price adjustment will be treated as zero. If not
already specified in Appendix to the Contract Agreement stated
above, bidders are required to indicate the source of labor and
material indices in the corresponding Form in Section 4. Bidding
Forms – Technical Part of the Bid.
5.29.1 the Bidder shall be free to use transportation through carriers
registered in India. Similarly, the Bidder may obtain insurance
services from India.
5.30 Bidders wishing to offer any unconditional price reduction (discount)
for the award of the package (Contract), shall specify in their Letter
of Bid the price reduction applicable to such package, and the manner
in which the price reductions will apply. Any conditional discount
shall not be considered for evaluation, however, the Employer may
consider the same in case of award of Contract on the Bidder.
5.31 The total amount as per ITB 13.5.1 (i) and ITB 13.5.2 (i), from each of
Schedule No.1 and Schedule No. 2, corresponding to the Plant and
Installation Services, respectively, which shall be summarized in the
schedule titled Grand Summary, (Schedule 3), and aggregated giving the
total Bid price(s) of the Bidder, excluding GST and excluding any
reduction/ discount offered, shall be brought/ carried forward and
entered in the Letter of Bid. Considering reduction/ discount as per
ITB 13.9 and ITB 13.10 (if applicable), if offered, it shall constitute
the quoted Bid price of the Bidder, excluding GST.
5.32 The total amount towards GST, that is aggregate of the amount
quoted separately by the bidder as per ITB 13.5.1 (ii) and ITB 13.5.2
(ii), shall be considered for evaluation and comparison of bids if so
specified in ITB 32.1 (e), and it shall be payable/ reimbursable to the
Bidder, in the event of award of contract, as specified in BDS.

5.33 The prices shall be quoted by the Bidder, and shall be paid for by the
14. Currencies of
Employer, entirely in Indian Rupees.
Bid and
Payment

5.34 To establish the conformity of the Plant and Installation Services/ Works
15. Documents
to the bidding document, the Bidder shall furnish as part of its Bid an
Establishing the
Undertaking on Compliance of terms & conditions of the Bidding
Conformity of the
Documents including Scope of Work, conformance of Plant and
Plant and
Installation Services/ Works to the technical specifications and standards
Installation
specified in Section 6, Employer’s Requirement as well as other related
Services/ Works
requirements, in the Technical Part of the bid as specified in ITB 10.2.7,
as per the format given in Section 4 - Bidding Forms - Technical Part of
Part 1 - Bidding Procedures and Requirements 34

the Bid.
5.35 Wherever and if specified in Section 6 - Employer’s Requirement,
the bidder shall also submit documentary evidence in the form of
literature, drawings or data, and a detailed item by item description of
the essential technical characteristics of the Plant and Installation
Services/ Works, demonstrating substantial responsiveness of the Plant
and Installlation Services/ Workstothetechnicalspecification.
5.36 Wherever and if specified in Section 6, Employer’s Requirement,the
Bidder shall furnish in technical proposal a statement of work methods,
equipment, personnel, schedule and any other information as stipulated in
Section 4, Bidding Forms – Technical Part of the Bid, in sufficient detail
to demonstrate the adequacy of the Bidder’s proposal to meet the
Employer’s Requirements and the Time for Completion of the Plant and
Installation Services/ Works.
5.37 Standards for workmanshi p , process, material, and equipment, as well
as references to brand names or catalogue numbers specified by the
Employer in the Employer’s Requirement, are intended to be
descriptive only and not restrictive.The Bidder may offer other
standards of quality, brand names, and/or catalogue numbers, provided
that it demonstrates, to the Employer’s satisfaction, that the
substitutions ensure substantial equivalence or are superior to those
specified in the Section6, Employer’s Requirement.
5.38For major items of Plant and Installation Services if and as listed by
the Employer in Section 2, Eligibility and and Qualification
Requirements and Section 6, Employer’s Requirement, which the
Bidder intends to purchase or subcontract, the Bidder shall give details
of the name and nationality of the proposed Subcontractors, including
manufacturers, for each of those items. In addition, the Bidder shall
include in its Bid information establishing compliance with the
requirements specified by the Employer for these items. Quoted rates
and prices will be deemed to apply to whichever Subcontractor is
appointed, and no adjustment of the rates and prices, on this account,
will be permitted.
5.39 The Bidder shall be responsible for ensuring that any Subcontractor
proposed complies with the requirements of Section 2 and Section 6.

5.40 To establish Bidder’s eligibility and eligibility of Plants and Installation


16. Documents
Services/ Works inaccordance with ITB3 and Section 2, Eligibility
Establishing the
Requirements, Bidders shall complete the Letter of Bid–Technical
Eligibility and
Part,and other forms included in Section 4 - Bidding Forms - Technical
Qualifications of
Part of the Bid.
the Bidder and
Eligibility of Plant 5.41 The documentary evidence of the Bidder’s eligibility and
and Installlation qualifications, and eligibility of Plant and Installation Services, to be
Part 1 - Bidding Procedures and Requirements 35

furnished as per Section 4 - Bidding Forms - Technical Part of the Bid,


Services
for the Bidder to be considered for award of the Contract, shall establish to
the Employer’s satisfaction that the Bidder meets each of the Eligibility
and Qualification Requirements and establishes eligilibility of Plant and
Installation Services/ Works, specified in ITB 3 and Section 2.

5.42 Bids shall remain valid until the date specified in the BDS or any
17. Period of
extended date if amended by the Employer in accordance with ITB7.The
Validity of Bids
Bid Validity period starts from the Bid submission deadline (as prescribed
by the Employer in accordance with ITB 21.1).A Bid that is not valid until
the date specified in the BDS, or any extended date if amended by the
Employer in accordance with ITB7, shall be rejected by the Employer as
nonresponsive.
5.43 In exceptional circumstances, prior to the expiry of the Bid validity,
the Employer may request Bidders to extend the period of validity of
their Bids. The request and the responses shall be made in writing. If
a Bid Security is requested (inaccordance with ITB18), it shall also
be extended for a corresponding period. A Bidder may refuse the
request without forfeiting its Bid Security. A Bidder granting the
request shall not be required or permitted to modify its Bid,except as
provided in this ITB17.2.

5.44Unless otherwise the provision for submission of Bid Securing


18. Bid Security/ Bid Declaration is specified in the BDS, the Bidder shall furnish as part of
Securing the Technical part of its Bid, a Bid security in original form, and in the
Declaration amount specified in the BDS.
5.45 If a Bid Security is specified pursuant to ITB 18.1, the Bid Security
shall be a demand guarantee, and in any of the following forms at the
Bidder’s option:
(a) an unconditional guarantee issued by a nationalized/ scheduled
commercial bank located in India;
(b) a cashier’s or certified check or demand draft from a
Nationalized/ Scheduled commercial bank located in India; or
(c) another form security, if specified in the BDS.
In the case of a bank guarantee, the Bid security shall be submitted using the Bid
Security Form included in Section 4, Bidding Forms - Technical Part of the Bid.
The form must include the complete name of the Bidder. The Bid Security shall be
valid for ninety (90) days beyond the original validity period of the Bid, or beyond
any period of extension if requested under ITB 17.2.

5.46 If a Bid Security is specified pursuant to ITB 18.1, any Bid not
accompanied by a substantially responsive Bid Security shall be
rejected by the Employer as non-responsive.
Part 1 - Bidding Procedures and Requirements 36

5.47 If a Bid Security is specified pursuant to ITB 18.1, the Bid Security
of unsuccessful Bidders shall be returned as promptly as possible
upon the successful bidder’s signing the contract and furnishing the
Performance Security pursuant to ITB 43 and ITB 45.

5.48 The Bid Security of the successful bidder shall be returned as


promptly as possible once the successful bidder has signed the
Contract and furnished the required Performance Security.

5.49 The Bid Security may be forfeited or action may be taken as per the
Bid Securing Declaration:
(a) if a Bidder withdraws/modifies/substitutes its Bid during the
period of Bid validity specified by the Bidder in the Letter of
Bid - Technical Part, or any extension thereto provided by the
Bidder; or if the Bidder does not accept the correction of its Bid
Price pursuant to ITB 33; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 43; or
(ii) furnish a performance security in accordance with ITB
44.
5.50 The Bid Security or the Bid-Securing Declaration of a JV shall be in
the name of the JV that submits the Bid.

5.51 If a Bid Security is not specified pursuant to ITB 18.1 and Bid
Securing Declaration is specified: and
(a) if a Bidder withdraws its Bid during the period of Bid validity
specified by the Bidder on the Letter of Bid Form, except as
provided in ITB 17.2; or
(b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 43; or
(ii) furnish a Performance Security in accordance with ITB
44;
the Employer may, declare the Bidder disqualified to be awarded a
contract by the Employer for a period of time as stated in the BDS.

5.52The Bidder shall prepare the Bid, inaccordance with ITB10.


19. Format and
Signing of Bid 5.53Bidders shall mark as“CONFIDENTIAL” information in their Bids which is
confidential to their business. This may include proprietary information,
trade secrets,or commercial or financially sensitive information.
5.54The Bid shall be signed by a person or persons duly authorized to sign on
behalf of the Bidder. This authorization shall be in the form of the
document as specified in BDS and shall be submitted/ uploaded along
with the Bid as per ITB 11.
Part 1 - Bidding Procedures and Requirements 37

5.55In the case that the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and so as to be
legally binding on all the members as evidenced by a power of attorney
signed by their legally authorized representatives, which shall be
submitted/ uploaded along with the Bid as per ITB 11.
5.56 Corrections, if any, can be carried out by editing the information before
electronic submission on e-procurement portal.

D. Submission of Bids
5.57 Bids, both Technical and Financial Parts, shall be submitted online on
20. Submission of the e-procurement system specified in ITB 6.1. Detailed guidelines for
Bids viewing bids and submission of online bids are as per ITB 6.1 and the
website referred therein. A prospective bidder can submit its bid online
only for which the bidder (in case of JV, the authorised representative
of the JV as per ITB 19.4) is required to have enrolment/registration
and should have valid Digital Signature Certificate (DSC) as specified
in ITB 6.1 in BDS.The Bidder should go through them carefully and
submit its bid, along with the specified documents failing which the bid
is liable to be rejected.

5.58 The completed Bid comprising of documents indicated in ITB 10,


should be uploaded on the e-procurement portal along with scanned
copies of requisite certificates/ documents as are mentioned in different
sections in the bidding document.Further, ifso specified in ITB 11.3,
the Bidders shall ensure submission of hard copy of documents as
mentioned therein.
5.59 All the uploaded documents are required to be signed digitally by the
bidder.
5.60 Physical, e-mail, Telex, Cable or Facsimile bids will be rejected as
non-responsive.

5.61Bids must be uploaded online, and ifso specified in ITB 11.3, the hard
21. Deadline for
copy of specified documents must be delivered at the address mentioned
Submission of
therein, no later than the deadline for submission of Bids i.e. the date and
Bids
time specified in the BDS.
5.62The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the bidding document inaccordance
with ITB7, in which case allrights and obligations of the Employer and
Bidders previously subject to the deadline shall there after be subject to
the deadline as extended.
Part 1 - Bidding Procedures and Requirements 38

5.63The electronic bidding system would not allow any late submission of
22. Late Bids
bids after due date & time as per server time.

5.64Bidders may modify their bids by using the appropriate option for bid
23. Withdrawal,
modification on e-procurement portal, before the deadline for submission
Substitution, and
of bids. For this the bidder need not make any additional payment towards
Modification of
the cost of bid document, if applicable. For bid modification and
Bids
consequential re-submission, the bidder is not required to withdraw his bid
submitted earlier. The last modified bid submitted by the bidder within the
bid submission time shall be considered as the Bid. For this purpose,
modification/withdrawal by other means will not be accepted. In online
system of bid submission, the modification and consequential re-
submission of bids is allowed any number of times. A bidder may
withdraw his bid by using the appropriate option for bid withdrawal,
before the deadline for submission of bids, however, if the bid is
withdrawn, re-submission of the bid is allowed only upto the deadline for
submission of bids as specified in ITB 21.
5.65 Bids requested to be withdrawn in accordance with ITB 23.1 shall not be
opened.
5.66No Bid may be withdrawn, substituted, or modified in the interval
between the deadline for submission of Bids and the expiration of the
period of Bid validity specified by the Bidder on the Letter of
Bid(Technical Part),or any extension thereof.This will result in the
forfeiture of the Bid Security or be sufficient ground for action by
Employer against the bidder under the Bid Securing Declaration, as may
be applicable pursuant to ITB 18.

E. Public Opening of Technical Parts of Bids

24. Public Opening of 5.67The Employer shall, at the Bid opening, publicly open online the
Technical Parts of all Bids, except as in the cases specified in ITB 22 and
Technical Parts of
ITB 23.2, received by the deadline of bid submissions as specified in ITB
Bids
21, at the date, time and place specified in the BDS in the presence of
Bidders’ designated representatives who choose to attend, and this could
also be viewed by the bidders online. The Financial Parts of the bids shall
remain unopened in the e-procurement system, until the subsequent public
opening, following the evaluation of the Technical Parts of the
Bids.Bidder’s names, and such other details as the Employer may consider
appropriate will be notifiedby the Employer at the time of bid opening.
5.68Only Technical Parts of Bids that are opened at Bid opening of Technical
Parts shall be considered further for evaluation.
5.69At the Bid opening the Employer shall neither discuss the merits of any
Bid nor rejectany Bid (except the cases, inaccordance with ITB22 and
ITB 23.2).
Part 1 - Bidding Procedures and Requirements 39

5.70 The Employer shall prepare a record of the Bid opening, that shall
include, as a minimum:
(a) the name of the Bidder; and
(b) the presence or absence of a Bid Security or a Bid-Securing
Declaration.
5.71The Bidders’ representatives who are present shall be requested to sign
the record. The omission of a Bidder’s signature on the record shall not
invalidate the contents and effect of the record. A copy of the record shall
be distributed to all Bidders.

F. Evaluation of Bids-General Provisions


5.72Information relating to the evaluation of Bids and recommendation of
25. Confidentiality contract award, shall not be disclosed to Bidders, or any other persons
not officially concerned with the Bidding process.

5.73Any effort by a Bidder to influence the Employer in the evaluation or


contract award decisions may result in the rejection of its Bid.

5.74Not withstanding ITB 25.1, from the time of Bid opening to the time
of Contract Award, if any Bidder wishes to contact the Employer on
any matter related to the Bidding process, it should do so in writing

26. Clarification of 5.75To assist in the examination, evaluation, comparison of the Bids, and
eligibility or qualification of the Bidders, the Employer may,at its
Bids
discretion, ask any Bidder for aclarification of its Bid and/or seek
information related to historical data/ documents pertaining to credentials
of the Bidders and the Bids, that the Employer may require. Any
clarification submitted by a Bidder in respect to its Bid and that is not in
response to a request by the Employer shall not be considered.The
Employer’s request for clarification and the response shall be in
writing. Nochange, including any voluntary increase or decrease, in the
prices or substance of the Bid shall be sought, offered, or permitted.
5.76If a Bidder does not provide clarifications of its Bid or data/ documents
sought, by the date and time set in the Employer’s request for
clarification/ data/ document, its Bid may be rejected.

5.77During the evaluation of Bids, the following definitionsapply:


27. Deviations,
Reservations,And (a) “Deviation” is a departure from the requirements specified in the
Omissions bidding document;
(b) “Reservation” is the setting of limiting conditions or with holding
from complete acceptance of the requirements specified in the
bidding document;and
Part 1 - Bidding Procedures and Requirements 40

(c) “Omission” is the failure to submit part or all of the information


or documentation required in the bidding document.

5.78Provided that a Bid is substantially responsive, the Employer may


28. Nonmaterial
waive any non conformities in the Bid, which do not constitute a material
Nonconformities
deviation, reservation or omission.
,Errors and
Omissions 5.79 Provided that a Bid is substantially responsive, the Employer may
request that the Bidder submit the necessary information or
documentation, with in a reasonable period of time, to rectify non
material non conformities or omissions in the Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities and/or omissions shall not be
related to any aspect of the price of the Bid.Failure of the Bidder to
comply with the request may result in the rejection of its Bid.
5.80 Provided that a Bid is substantially responsive, the Employer shall
rectify quantifiable nonmaterial nonconformities related to the Bid
Price.To this effect, the Bid Price shall be adjusted, for comparison
purposes only, to reflect the price of a missing or non-conforming item
or component in the manner specified in BDS.

G. Evaluation of Technical Parts of Bids


5.81In evaluating the Technical Parts of each Bid, the Employer shall use
29. Evaluation of
the requirements, criteria and methodologies mentioned and specified
Technical Parts
in Section 2, Section 3 and Section 6.
5.82 The Employer shall, interalia, carry out the Technical Evaluation as
per ITB 29.3, and determine to its satisfaction:
(a) whether the Bidders comply with the Eligibility Requirements, have
offered eligible Plant and Installation Services in their Bids, as
specified in ITB 3 and Section 2;
(b) whether the Bidders meet the Qualification Requirement as
specified in ITB 3 and Section 2.(The determination shall be based
upon an examination of the documentary evidence of the Bidder’s
qualifications submitted by the Bidder, pursuant to ITB 16 read in
conjunction with ITB 26. The determination shall not take into
consideration the qualifications of other firms such as the Bidder’s
subsidiaries, parent entities, affiliates, subContractor/Bidders (other
than specialized subContractor/Bidders if permitted in the bidding
document), or any other firm different from the Bidder that
submitted the Bid except if provided in the specified Qualification
Requirement itself.); and
(c) whether the Bids submitted by the Bidders complying with the
requirements specified in (a),and (b) above have been determined to
be substantially responsive to the RFB/bidding document,as per ITB
Part 1 - Bidding Procedures and Requirements 41

30.
5.83 Technical Evaluation. The Employer will carry out a detailed technical
evaluation of the Bids not previously rejected to determine whether the
technical aspects are in compliance with the bidding document. The Bid
that does not meet minimum acceptable standards of completeness,
consistency and detail, and the specified minimum (or maximum, as the
case may be) requirements for specified functional guarantees, will be
rejected for non-responsiveness. In order to reach its determination, the
Employer will examine and compare the technical aspects of the Bids on
the basis of the information supplied by the Bidders, taking into account
the following:
(a) overall completeness and compliance with the Employer’s
Requirements; conformity of the Plant and Installation Services
offered with specified performance criteria, including
conformity with the specified minimum (or maximum, as the
case may be) requirement corresponding to each functional
guarantee, as indicated in Section 2 and/ or Section 6;
suitability of the Plant and Installation Services offered in
relation to the environmental and climatic conditions prevailing
at the site; and quality, function and operation of any process
control concept included in the Bid;
(b) type, quantity and long-term availability of mandatory and recommended
spare parts and maintenance services; and

(c) other relevant factors, if any, listed in the RFB/ bidding document.

5.84 At this stage, a Bid shall be rejected if the determination on any one of
the aspects listed in ITB 29.2 (a), (b) and (c) above, is not in the
affirmative. All other Bids shall be considered for further evaluation.

5.85The Employer’s determination of a Bid’s responsiveness is to be based


30. Determination
on the contents of the Bid itself, as defined in ITB10 read in
of
conjunction with ITB 26 and submitted as per ITB 11.
Responsiveness
5.86A substantially responsive Bid is one that meets the requirements of
the bidding document without material deviation, reservation, or
omission. A material deviation, reservation,or omission is one that:
(a) If accepted, would:
(i) Affect in any substantial way the scope, quality, or
performance of the Works specified in the Contract;or
(ii) Limit in any substantial way,in consistent with the bidding
document, the Employer’s rights or the Bidder’s obligations
under the Contract;or
Part 1 - Bidding Procedures and Requirements 42

(b) If rectified, would unfairly affect the competitive position of


other Bidders presenting substantially responsiveBids.
5.87 The Employer shall examine the technical aspects of the Bids,
inparticular, to confirm that all requirements of Section6,Employer’s
Requirement have been met without any material deviation or
reservation, or omission.
5.88 If a Bid is not substantially responsive to the requirements of bidding
document, it shall be rejected by the Employer and may not
subsequently be made responsive by correction of the material
deviation, reservation,or omission.

H. Public Opening of Financial Parts of Bids


5.89Following the completion of the evaluation of theTechnicalParts of the
31. Public Opening
Bids, the Employer shall notify inwriting those Bidders whose Bids
of Financial
were considered non-responsive to the bidding document / RFB Document
Parts
or failed to meet the Eligibility Requirements or Qualification
Requirement or any other specified requirement, advising them of the
following information:
(a) the grounds on which their Technical Part of Bid failed to meet the
requirements of the bidding document; and
(b)Financial Part of their Bid will not be opened.
5.90The Employer shall, simultaneously, notify in writing those Bidders
whose Technical Parts have been evaluated as substantially responsive
to the bidding document and met the Eligibility Requirement,
Qualification Requirement and other specified requirement, advising
them of the followinginformation:
(a) Their Bid has been evaluated as substantially responsive to the
requirements of bidding documentandthespecified requirements;
(b)Financial Part of their Bid will be opened online at the public
opening of the Financial Parts; and
(c) Notify them of the date,time and location of the second public
opening of the Financial Parts of bid, and the address thereof. In the
event of the specified date of bid opening being declared a holiday
for the Employer, the bids will be opened at the appointed time and
location on the next working day.
5.91 All efforts may be made to have the opening date that should allow
Bidders sufficient time to make arrangements for attending the opening
if they so choose, however as the opening is in online mode and
bidder’s get due notification of bid opening and can witness the
opening online, the date of opening may be set accordingly based on
Employer’s requirements. The Financial Part of the Bids shall be
Part 1 - Bidding Procedures and Requirements 43

opened publicly in the presence of Bidders’ designated representatives


who chooses to attend, and this could also be viewed by the bidders
online. The bidder’s names, the Bid prices, the total amount of each
bid, and such other details as the Employer may consider appropriate,
will be announced by the Employer at the time of bid opening.

5.92 The Employer shall prepare a record of the Bid opening, that shall
include, as a minimum:
(c) the name of the Bidder; and
(d) the Bid price, for the package, including any discounts
5.93Only Financial Parts of Bids that are opened at Bid opening shall be
considered for further evaluation.

I. Evaluation of Financial Parts of Bids


5.94To evaluate the Financial Part of each Bid, the Employer shall consider
32. Evaluation of
the following:
Financial Parts
(a) Bid price, as quoted inaccordance with ITB13.5;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 33;
(c) price adjustment due to discounts offered in accordance with
ITB 13.9;
(d) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 28.3;
(e) GST, quoted separately as per ITB 13.12, adjusted for
correction of arithmetic errors in accordance with ITB 33, shall
be considered for arriving at the evaluated Bid cost/ price and
comparison of Bids, except if otherwise specified in BDS.
(f) the additional evaluation factors if specified in BDS and/ or
Section 6.
5.95 If price adjustment is allowed in accordance with ITB 13.6, the
estimated effect of the price adjustment provisions of the Conditions of
Contract, applied over the period of execution of the Contract, shall not
be taken into account in Bid evaluation.
5.96 The Employer’s evaluation of a Bid may require the consideration of
other factors if specified in BDS, inaddition to the Bid price quoted,
inaccordance with ITB33.1 (e).
Part 1 - Bidding Procedures and Requirements 44

5.97The e-procurement system automatically calculates the total amount from


33. Correction of
unit rates and quantities, and the system also automatically populates the
Arithmetical
amount in words from the amount in figures, and therefore there is no
Errors
scope of discrepancy and need for arithmetic correction. However there
would be a manual recalculation and in the case of discrepancy between
system generated and manual prices, the manually calculated prices shall
prevail.
5.98Any bid which is found to have tampered or modified the electronic logic
of the e- procurement system for calculating the total amount from unit
rates and quantities, and/ or in populating the amount in words from the
amount in figures, is liable to be rejected and the case shall be dealt against
the bidder under the Integrity Pact and conditions of the RFB/ bidding
documents including those regarding fraud etc..

34.1 The Employer shall compare the evaluated price/costs of all


34. Comparison of
substantially responsive Bids, to determine the Bid that has the lowest
Financial Parts
evaluated cost/ price.

34.2 Purchase Preference shall apply for award of contract if so specified in


35. Preference
the BDS, as per the guidelines, instruction and methodology indicated
therein.

34.3An Abnormally Low Bid is one where the Bid price, in combination
36. Abnormally
with other elements of the Bid, appears so low that it raises material
Low Bids
concerns with the Employer as to the capability of the Bidder to
perform the Contract for the offered Bid Price.
34.4 In the event of identification of a potentially Abnormally Low
Bid, the Employer, unless otherwise specified in BDS, may seek
written clarification from the Bidder, including a detailed price
analyses of its Bid price in relation to the subject matter of the contract,
scope, delivery schedule, allocation of risks and responsibilities and
any other requirements of the bidding document.
34.5After evaluation of the price analyses, in the event that the Employer
determines that the Bidder has failed to demonstrate its capability to
perform the contract for the offered Bid price, the Employer shall reject
the Bid.
Part 1 - Bidding Procedures and Requirements 45

34.6The Bid that is evaluated as the lowest evaluated cost/price, shall be


37. Unbalanced or
considered by the Employer as unbalanced or front loaded, if the
Front Loaded
quoted price of supply portion exceeds the percentage specified in
Bids
BDS of the total quoted Bid price, after evaluation and excluding
GST. In such a case, The bidder shall be required to furnish an
additional performance security pursuant to ITB 44.1

34.7Having compared the evaluated cost/price of Bids as per ITB 34, and
38. Most
applying the provisions of ITB 35, the Employer shall determine the
Advantageous
Most Advantageous Bid (alternatively referred to as L1 Bid). The
Bid
Most Advantageous Bid is the Bid of the Bidder (also referred to as the
successful bidder) who meets the the specified requirements as per
Section 2 and Section 3, and whose Bid has been determined to have
the lowest evaluated price/cost subject to ITB 35.
34.8The capabilities of the manufacturers and subcontractors proposed in
its Bid to be used by the Bidder with the Most Advantageous Bid for
identified major items of supply or services may also be evaluated for
acceptability in accordance with Section 2 / Section 6. Their
participation should be confirmed with a letter of intent between the
parties, as needed. Should a manufacturer or subcontractor be
determined to be unacceptable, the Bid will not be rejected, but the
Bidder will be required to substitute an acceptable manufacturer or
subcontractor without any change to the Bid price. Prior to signing the
Contract, the corresponding Appendix to the Contract Agreement shall
be completed, listing the approved manufacturers or subcontractors for
each item concerned.
34.9Price Negotiation - Usually, there shall be no price negotiations.
However, in case the Employer identifies exceptional reasons due to
which negotiation is required, the Employer reserves its right to
negotiate with the lowest acceptable bidder (L-1).

34.10 The Employer reserves the right to accept or reject any Bid, and
39. Employer’s
to annul the Bidding process and reject all Bids at any time prior to
Right to Accept
Contract Award, without thereby incurring any liability to Bidders. In
Any Bid, and to
case of annulment, all Bids submitted and specifically, Bid securities, if
Reject Any or
applicable as per ITB 18 and submitted, shall be promptly returned to the
All Bids
Bidders.

J. Award of Contract
34.11 The Employer shall award the Contract to the successful Bidder.
40. Award Criteria
This is the Bidder whose Bid has been determined to be the Most
Advantageous Bid as specified in ITB 38.
34.12The mode of contracting with the successful bidder will be as indicated
below:
Part 1 - Bidding Procedures and Requirements 46

34.12.1 The award shall be made as follows:


(i) Contract Part I:for Supply of Plant on FOR (final place of destination Site/
Project Site) basis.
(ii) Contract Part II: for Supply of Installation Services{excluding the incidental
services included in (i) above}
34.13Both the parts of the Contract will contain a cross fall breach clause
specifying that breach of one will constitute breach of the other.

34.14 At the time the Contract is awarded, the Employer reserves the
41. Employer’s Right
right to invite the Bidder whose Bid is determined to be the Most
to make minor
Advantageous Bid as per ITB 38, for discussions if any minor
adjustments at
adjustments in the Contract are required, without any substantial
the time of Award
change in the terms and conditions of the bidding document.

34.15 Prior to the date of expiry of the Bid validity, the Employer shall
42. Notification of
notify the successful Bidder, in writing, that its Bid has been accepted.
Award
The Notification of Award (hereinafter and in the Contract Forms also
called the “Letter of Acceptance”) shall specify the sum that the
Employer will pay the Contractor in consideration of the execution of the
Contract (hereinafter and in the Conditions of Contract and Contract
Forms called “the Contract Price”).
34.16 Until a formal Contract is prepared and executed, the Letter of
Acceptance/ Notification of Award shall constitute formation of a
binding Contract.

34.17 Promptly upon issue of Letter of Acceptance/ Notification


43. Signing of
of Award, the Employer shall prepare the Contract Agreement,
Contract
and keep it ready in the office of the Employer for the signature
of the Employer and the successful Bidder, within twenty-one
(21) days following the date of Letter of Acceptance. The
Contract Agreement shall incorporate all agreements including
L2 schedule between the Employer and the successful Bidder. L-
2 schedule should be submitted, discussed, amended (if so
required) within overall L-1 schedule and accepted by owner
before signing of contract agreement. Also, CPG should be
submitted, verified from issuing bank legally vetted and
approved before signing of contract agreement.
34.18 Within twenty-one (21) days of receipt of Letter of
Acceptance, the successful Bidder shall (a) furnish the performance
security in accordance with ITB Clause 44; and (b) shall sign, date
and return the Agreement to the Employer along with the
documents stated at (a) above.

34.19 Within twenty-one (21) days of the receipt of the Letter of


44. Performance
Part 1 - Bidding Procedures and Requirements 47

Acceptance/ Notification of Award from the Employer, the


Security
successful Bidder shall furnish the Performance Security
&Additional performance security (if applicable), in Indian
Rupees, in accordance with the GCC and in the amount, form
and details specified in the BDS, further subject to ITB 37.

34.20Failure of the successful Bidder to submit the above-mentioned


Performance Security& Additional performance security (if
applicable) or sign the Contract shall constitute sufficient
grounds for the annulment of the award and forfeiture of the
Bid Security or be sufficient ground for action by the Employer
against the bidder under the Bid Securing Declaration, as may be
applicable as per ITB 18.

34.21 The Employer named in the Bidding Documents intends to


45. Source of Funds
use the capital subsidy {60% (90% in case of special category
states) of cost of the infrastructures in the project} under
Revamped Reforms-based and Results-linked, Distribution
Sector Scheme (RDSS), a Government of India flagship program
for bringing down the costs and improve the efficiency of supply
of the electricity in the states, 40% (10% in case of special
category states) to be arranged by the State
Government/Employer through loans from REC/PFC/or other
FIs/own resources. However, the payment as per the contract
payment terms will be released timely by the Employer, without
any linkage to disbursement of the funds under RDSS scheme.

34.22 If required by the Employer, the Contractor may be required


46. Dedicated bank
to create a dedicated bank account for usage of the funds under
account of
the project, the Contractor may be required to provide the details
Contractor
of the transactions under this account to the Employer at the time
of key milestones as defined by the Employer.
Part 1 - Bidding Procedures and Requirements 48
Part 1 - Bidding Procedures and Requirements 49

I. Bid Data Sheet (BDS)


The following specific data for the Plant and Installation Services/ Works to be procured
shall complement, supplement, and/or amend the provisions in the Instructions to
Bidders(ITB).Whenever there is a conflict, the provisions herein shall prevail over those in
ITB.
<Instructions for completing the Bid Data Sheet are provided, as needed, in the notes in
italics mentioned for the relevant ITB.>

ITB A.General
Reference

ITB1.1 The reference number of the Notice Inviting Tenders (NIT/Request for
Bids (RFB) is : XXXXXX
The Employer is: Department of Power, Govt. of Arunachal Pradesh
The name and identification of the package under this RFB is: XXXXXX

ITB 1.2 (c) Department of Power, Govt. of Arunachal Pradesh is engaged in


distribution of power in 26 (Nos.) districts of Arunachal Pradesh

ITB 1.2 (m) Bidding/ Bids by/ from Joint Venture (JV) is “ Not permitted”.

B. Contents of Bidding Document


ITB 6.1 Bidding against RFB shall be conducted through/ with Electronic –
Procurement (e- Procurement/ e- Tendering) System.
Employer shall use the following Electronic-Procurement system to
manage this Request for Proposal (RFP) process:
www.arunachaltender.gov.in
The electronic-procurement system shall be used to manage the following
part of the bidding process under the RFB:
Issuing NIT/ RFB/ Bidding document,amendments/ corrigendum/
addendums/ clarifications, etc.,submissions of bids, opening of Bids,
etc..
To aid and facilitate the Bidderss on e-Procurement/ e-Tendering process a
detailed manual on the same titled Bidder Help Manual for e-
Bidding has been provided annexed to the Bid Data Sheet as Annexure
I (BDS). The same may be utilized by the Bidders.

ITB 6.2 A Bidder requiring any clarification of the bidding document may notify
Part 1 - Bidding Procedures and Requirements 50

the Employer online through the electronic bidding system if provisioned/


permitted or through e-mail at the following e-mail address:
XXXXXX
Requests for clarification should be received by the Employer no later
than 10 days from date of issue of NIT/RFB

ITB 6.5 <Insert the following if pre-Bid Meeting is proposed, otherwise delete this
row>
A Pre-Bid meeting shall take place at the following date, time and place:
Date: [______________________________________________]
Time:[_______________________________________________]
Place: Office of the Superintending Engineer(E), APEC- XXXXXX,
XXXXXX, Department of Power

ITB 7.1 The addendum/corrigendum/ amendment will appear on the e-


procurement system specified in ITB 6.1and email notification is also
automatically sent through the system to those bidders who have started
working on this procurement.

C. Preparation of Bids
ITB 10.2.8 The Bidder shall submit the following additional documents in Technical
Part of its Bid:
(i) Integrity Pact, prepared using the relevant form furnished in
Section 4 - Bidding Forms - Technical Part of the Bid;
(ii) Self certified copy of the document to establish legal status of the
firm viz. Certificate of Incorporation issued under The Companies
Act / The Limited Liability Partnership Act / Partnership deed etc.
as applicable;
(iii) Self certified copy of PAN;
(iv) Self certified copy of GST Registration;
(v) Self certified copy in support of MSME, if applicable

ITB 10.3.3 The Bidder shall submit the following additional documents in its
Financial Part of its Bid: NIL

ITB 11 Note for Bidders: Bidders have to submit the bids on the e-procurement
portal along with the relevant required documents. For this purpose, the
Part 1 - Bidding Procedures and Requirements 51

bidders shall fill up online, the forms that are available for online filling on
the e-portal. The rest of the forms shall be download by the bidders and
filled up. The filled up pages shall then be scanned and uploaded on the e-
procurement portal along with the scanned copies of the supporting
documents. The bid shall be digitally signed.

ITB 11.3 The bidders are required to submit hard copy of the documents listed
below, in orginal, alongwith the Technical Part of their Bid:
i)Integrity Pact
ii)Joint Venture Agreement, if appicable;
iii)Bid Validity declaration Certificate
iv)EMD , in shape of Demand Draft/Bank Guarantee/ Bankers cheque
v) Self certified copy of PAN;
vi)Self certified copy of GST Registration;
vii)Self certified copy in support of MSME, if applicable
Vii)………………
For submission of original documents, the Employer’s address is:

Attention: Mr. XXXXXX, SE(E), APEC- XXXXXX,


Street Address: XXXXXX (if applicable)
City: XXXXXX
District: XXXXXX
State: Arunachal Pradesh
PIN/Postal Code: XXXXXX
Country: INDIA

ITB 13.1 Fixed Price

ITB 13.5.1(i), Final Destination (Site/ Project Site)is : XXXXXX District, Arunachal
ITB 13.5.2(i) Pradesh

ITB 13.6 Not Applicable. The prices quoted by the Bidder shall be subject to
adjustment during the performance of the Contract.
The adjustment of contract price, if provided, will be done in accordance
with Appendix to Contract Form.

ITB 13.11 GST applicable in India, on the Plant and Installation Services provided/
supplied by the Contractor to the Employer under the Contract shall be
paid/ reimbursed by Employer against requisite documents, at actuals.

ITB 17.1
The Bid shall remain valid until i.e. upto and including 180 days reckoned
from the deadline for Submission of Bids specified in ITB 21.1, as may be
Part 1 - Bidding Procedures and Requirements 52

extended by the Employer from time to time in accordance therewith.

ITB 18.1 A Bid Security“shall be” required.


The amount of the Bid Security shall be Rs. XXXXXX ( the amount eaqual
to 2% of tender value )

ITB 18.2 (c) Not Applicable


Other forms of acceptable Bid securities:
e.g. Fixed Deposit/Time Deposit certificate issued by a Nationalized/
Scheduled bank located in India for equivalent or higher values provided it
is pledged in favour of Employer/ Utility .…………… (address) and such
pledging has been noted and suitably endorsed by the bank / post office
issuing the certificate.

ITB 18.8 If the Bidder performs any of the actions prescribed in ITB 18.8 (a) or (b),
the Employer will declare the Bidder ineligible to be awarded a contract by
the Employer for a period of 01 (One) year.

ITB 19.3 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of: Legally valid Power of Attorney demonstrating the
authority of the signatory to the sign the Bid as per prescribed Form -
4 of part 1.

D. Submission of Bids
ITB 21.1 The Deadline for Submission of Bids by uploading on e- Procurement
system specified in ITB 6.1 and ITB 11 including submission of original
documents in hard copy if any specified in ITB 11.3, is:
Date:____[insert day, month, and year, e.g. 15 June, 2021]
Time: ____[insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]
<The date and time should be the same as those provided in the Notice
Inviting Tender / Request for Bids, unless subsequently amended pursuant
to ITB 22.2>
<The time allowed for the preparation and submission of Bids shall be
determined with due consideration to the particular circumstances of the
project and the magnitude and complexity of the procurement.>

E. Public Opening of Technical Parts of Bids


ITB 24.1 The online opening of Technical Part of Bids, shall take place at: Office of
the Superintending Engineer (E), Arunachal Pradesh Electrical Circle-
Part 1 - Bidding Procedures and Requirements 53

XXXXXX, Deparment of Power, XXXXXX, Arunachal Pradesh


Country: India
Date:[insert day, month, and year, e.g. 15 June, 2016]
Time: [insert time, and identify if a.m. or p.m. e.g. 10:30 a.m.]
<Note: Date and Time should be the same as the deadline for submission
of Bids or promptly thereafter>.
In the event of the specified date of bid opening being declared a holiday
for the Employer, the bids will be opened at the appointed time and
location on the next working day.

F.Evaluation of Bids - General Provisions


ITB 28.3 The adjustment shall be based on the average price of the item or
component as quoted in other substantially responsive Bids. If the price of
the item or component cannot be derived from the price of other
substantially responsive Bids, the Employer shall use its best estimate.

I. Evaluation of Financial Part of Bids


ITB 32.1 (e) GST @ 18%

ITB 32.1(f) The Employer’s evaluation of a Bid shall also require the consideration
of factors listed herein below. Wherever specified, the adjustments shall
be determined using the criteria and methodologymentined in Section 6.
Employer’s Requirement
(a) Time for Completion: The Plant and Installation Services specified in
Employer’s Requirement are required to be supplied / provided
within the specified Time for Completion. No credit will be given if
provided/ supplied before the specified date or period, and Bids
offering supply/ completion after the final date/ specified period shall
be treated asnonresponsive;
(b) Deviation in payment schedule/ terms and conditions of payment:
Bidders shall state their Bid price for the payment schedule outlined in
the Conditions of Contract. Bids shall be evaluated on the basis of this
base price. If a Bid deviates from the specified payment schedule/
terms and consitions of payment, it shall be treated as non-responsive;
(c) Life cycle costs: the projectedoperatingandmaintenance costs during the
life of the Plant, goods or equipment [insert Yes or No]<If yes, insert
the Methodology and criteria in Section 6. Employer’s
Requirement>;<Note to Employer: Life cycle costings should be used
when the costs of operation and/or maintenance over the specified life
of the Plant are estimated to be considerable in comparison with the
initial cost and may vary among different Bids. Life cycle cost can be
Part 1 - Bidding Procedures and Requirements 54

evaluated on a net present value basi or other suitable method. If life


cycle costs apply then specify the factors required to determine them for
evaluation purposes.The factors may include (i) number of years for life
cycle cost determination;(ii) the discount rate to be applied to
determine the net present value of future operation and maintenance
costs (recurrent costs);(iii) and the annual operating and maintenance
costs (recurrent costs) shall be determined on the basis of the
methodology to be specified in Section 6; etc..>
(d) Functional Guarantees of the Facilities No. [insert Yes or No] < If Yes,
insert methodology and criteria in Section 6, Employer’s
Requirement>
(e) [insert any other specific criteria here]<provide details in Section 6.
Employer’s Requirement>
(f) Cost of withdrawal of deviations: [… if any, indicated/ quoted, in the
Technical Part of the Bid..] (as per Attachment 6 in Section 4)

ITB 35.1 Only Class -I suppliers are eligible for the bid
‘Class –I local supplier’ means a supplier or service provider , whose
goods , services or works offered for procurement, meets the minimum
local content as prescribed for ‘Class-I local supplier’. The local content
requirement to categorize a supplier as ‘Class-I local supplier’ is
minimum 50%.

ITB 36 Employer may seek written clarification from the Bidder, including a
detailed price analyses of its Bid price in relation to the subject matter of
the contract, scope, delivery schedule, allocation of risks and
responsibilities and any other requirements of the bidding document.

ITB 37 The percentage is 70%

J. Award of Contract
ITB 44.1 The Performance Security amount is 3% of Contract Price
The Additional Performance Security amount is 10 percentage of the level
of unbalancing i.e. (actual value of supply part of contract) minus (70% of
overall contract price). 70% is to be defined as per ITB 37 under BDS
The Standard Form of Performance Security acceptable to the Employer
shall be as specified in Section 8. Contract Forms.
Part 1 - Bidding Procedures and Requirements 55

Annexure I (BDS)
Bidder Help Manual for E-Bidding

Special Instructions to the Contractors/Bidders for the e-submission of the bids


online through this eProcurement Portal

1. Bidder should do Online Enrolment in this Portal using the option Click Here to Enroll
available in the Home Page. Then the Digital Signature enrollment has to be done
with the e-token, after logging into the portal. The e-token may be obtained from one
of the authorized Certifying Authorities such as eMudhraCA/ GNFC/ IDRBT/
MtnlTrustline/ SafeScrpt/ TCS.
2. Bidder then logs into the portal giving user id / password chosen during enrollment.
3. The e-token that is registered should be used by the bidder and should not be
misused by others.
4. DSC once mapped to an account cannot be remapped to any other account. It can
only be Inactivated.
5. The Bidders can update well in advance, the documents such as certificates,
purchase order details etc., under My Documents option and these can be selected
as per tender requirements and then attached along with bid documents during bid
submission. This will ensure lesser upload of bid documents.
6. After downloading / getting the tender schedules, the Bidder should go through them
carefully and then submit the documents as per the tender document, otherwise, the
bid will be rejected.
7. The BOQ template must not be modified/replaced by the bidder and the same should
be uploaded after filling the relevant coulmns, else the bidder is liable to be rejected
for that tender. Bidders are allowed to enter the Bidder Name and Values only.
8. If there are any clarifications, this may be obtained online through the eProcurement
Portal, or through the contact details given in the tender document. Bidder should
take into account of the corrigendum published before submitting the bids online.
9. Bidder, in advance, should prepare the bid documents to be submitted as indicated
in the tender schedule and they should be in PDF/XLS/RAR/DWF formats. If there is
more than one document, they can be clubbed together.
10. Bidder should arrage for the EMD as specified in the tender. The original should be
posted/couriered/given in person to the Tender Inviting Authority, within the bid
submission date and time for the tender.
11. The bidder reads the terms and conditions and accepts the same to proceed further
to submit the bids
12. The bidder has to submit the tender document(s) online well in advance before the
prescribed time to avoid any delay or problem during the bid submission process.
13. There is no limit on the size of the file uploaded at the server end. However, the
upload is decided on the Memory available at the Client System as well as the
Network bandwidth available at the client side at that point of time. In order to reduce
the file size, bidders are suggested to scan the documents in 75-100 DPI so that the
clarity is maintained and also the size of file also gets reduced. This will help in quick
uploading even at very low bandwidth speeds.
14. It is important to note that, the bidder has to Click on the Freeze Bid Button, to
ensure that he/she completes the Bid Submission Process. Bids Which are not
Frozen are considered as Incomplete/Invalid bids and are not considered for
evaluation purposes.
Part 1 - Bidding Procedures and Requirements 56

15. In case of Offline payments, the details of the Earnest Money Deposit(EMD)
document submitted physically to the Department and the scanned copies furnished
at the time of bid submission online should be the same otherwise the Tender will be
summarily rejected
16. The Tender Inviting Authority (TIA) will not be held responsible for any sort of
delay or the difficulties faced during the submission of bids online by the bidders due
to local issues.
17. The bidder may submit the bid documents online mode only, through this portal.
Offline documents will not be handled through this system.
18. At the time of freezing the bid, the eProcurement system will give a successful bid
updation message after uploading all the bid documents submitted and then a bid
summary will be shown with the bid no, date & time of submission of the bid with all
other relevant details. The documents submitted by the bidders will be digitally
signed using the e-token of the bidder and then submitted.
19. After the bid submission, the bid summary has to be printed and kept as an
acknowledgement as a token of the submission of the bid. The bid summary will act
as a proof of bid submission for a tender floated and will also act as an entry point to
participate in the bid opening event.
20. Successful bid submission from the system means, the bids as uploaded by the
bidder is received and stored in the system. System does not certify for its
correctness.
21. The bidder should see that the bid documents submitted should be free from virus
and if the documents could not be opened, due to virus, during tender opening, the
bid is liable to be rejected
22. The time that is displayed from the server clock at the top of the tender Portal, will be
valid for all actions of requesting bid submission, bid opening etc., in the e-
Procurement portal. The Time followed in this portal is as per Indian Standard Time
(IST) which is GMT+5:30. The bidders should adhere to this time during bid
submission.
23. All the data being entered by the bidders would be encrypted at the client end, and
the software uses PKI encryption techniques to ensure the secrecy of the data. The
data entered will not be viewable by unauthorized persons during bid submission and
not viewable by any one until the time of bid opening. Overall, the submitted bid
documents become readable only after the tender opening by the authorized
individual.
24. During transamission of bid document, the confidentiality of the bids is maintained
since the data is transferred over secured Socket Layer(SSL) with 256 bit encryption
technology. Data encryption of sensitive fields is also done.
25. The bidders are requested to submit the bids through online eProcurement system to
the TIA well before the bid submission end date and time (as per Server System
Clock).
Part 1 - Bidding Procedures and Requirements 57

Section - 4 : Bidding Forms - Technical Part of the Bid


Part 1 - Bidding Procedures and Requirements 58

Form 1
Letter of Bid – Technical Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED


THE DOCUMENT

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and business address.

Note: All italicized text in black font is to help Bidders in preparing this form and Bidders
shall delete it from the final document.

Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
NIT/RFB No.: [insert number of Bidding process]
Title of Procurement/ Contract: [Insert here the title]

To: [insert complete name of Purchaser]

1.0 We, the undersigned Bidder, hereby submit our Bid, in two parts, namely:
(a) the Technical Part, and
(b) the Financial Part.

2.0In submitting our Bid we make the following declarations:


(a) No reservations: We have examined and have no reservations to the bidding document
(ITB5), including addenda issued in accordance with Instructions to Bidders (ITB 7);
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in
accordance with ITB 3 and Section 3;
(c) Bid/Proposal-Securing Declaration: We havenot been suspended nor declared
ineligible by the Purchaser based on execution of a Bid Securing Declaration by the
Purchaser in accordance with ITB 10.2.2;
(d) Conformity: We offer to supply in conformity with the bidding document and in
accordance with the Delivery Schedules specified in the Schedule of Requirements the
all the Goods and Related Services as per the scope mentioned in Part 2, Section 6.;
(e) Bid Validity Period: Our Bid shall be valid for the period specified in BDS 17.1 (as
amended if applicable) from the date fixed for the deadline for submission of Bids
(specified in BDS 21.1 (as amended if applicable), and it shall remain binding upon us
and may be accepted at any time before the expiration of that period;
(f) Performance Security: If our Bid is accepted, we commit to obtain a performance
security in accordance with the bidding document;
(g) One Bid per Bidder: We are not submitting any other Bid(s) as an individual Bidder,
and meet the requirements of ITB 4.2;
Part 1 - Bidding Procedures and Requirements 59

(h) Suspension: We, along with any of our subcontractors, suppliers, consultants,
manufacturers, or service providers for any part of the contract, are not subject to, and
not controlled by any entity or individual that is subject to, a temporary suspension or a
blacklist as specified in Section 2, Clause 1.3. Further, we are not ineligible under the
Purchaser’s country laws or official regulations or pursuant to a decision of the United
Nations Security Council;
(i) Binding Contract: We understand that this Bid, together with your written acceptance
thereof included in your Letter of Acceptance, shall constitute a binding contract
between us, until a formal contract is prepared and executed;
(j) Not Bound to Accept: We understand that you are not bound to accept the lowest
evaluated cost/price Bid, the Most Advantageous Bid or any other Bid that you may
receive;
(k) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no
person acting for us, or on our behalf, engages in any type of Fraud and Corruption;
(l) (applicable only if the bidder is a Joint Venture as per Section 2 of RFB/ bidding
document) We have bid as a Joint Venture as per Section 2 of RFB/ bidding document)
and in accordance with Clause 2.2.7 of Section 2 we declare and confirm thatall partners
of the joint venture shall be liable jointly and severally for the execution of the contract
in accordance with the contract terms;
(m) We submit appended herewith, as integral part of the Technical Part of our bid, the
details/ documents as listed in the table below in the Forms duly filled, as prescribed,
along with supporting documentary evidence as required/ specified. We understand and
confirm that we would be solely responsible for any errors or omissions in our Bid and
your decision in regard to sufficiency and/ or adequacy of the details/ documents
comprising our Bid for determining its completeness shall be final and binding.
Sr. Document Status (Submitted/ Not
Submitted/ Not
Applicable)
1. This Letter of Bid as per format prescribed in Form 1
given in Section 4 of RFB/ bidding document
2 Bidder Information as per the format prescribed in Form 2
given in Section 4of RFB/ bidding document
3 Bid Security or Bid Securing Declaration , as may be
specified in ITB 18 Section 3 of RFB/ bidding document,
in the form of specified in ITB . Bid Securing Declaration
in format prescribed in Form 3A given in Section 4, and
Bid Security in the form of Bank Guarantee in format
prescribed in Form 3B given in Section 4 of RFB/ bidding
document.
4. Power of Attorney by Lead Joint Venture Member/ Sole
Bidder authorizing an Individual Designated
Representative for the Joint Venture Bidder/ Sole Bidder
as per the format prescribed in Form 4 given in Section 4
Part 1 - Bidding Procedures and Requirements 60

Sr. Document Status (Submitted/ Not


Submitted/ Not
Applicable)
of RFB/ bidding document
5. Declaration of conformance of the Bidder and the
Facilities offered, to the specified eligibility requirement
specified in Section 2 and Section 3, as per the format
prescribed in Form 5 given in Section 4 of RFB/ bidding
document
6. Local Content Certificate for Class I Local Supplier, as
specified in Clause 1.5 of Section 2 of RFB/ bidding
document, Affidavit of Self certification as per the format
prescribed in Form 6 given in Section 4 of RFB/ bidding
document or by certificate (format not specified) of
Statutory Auditor, as may be applicable
7 Power of Attorney by each member/ partner of the Joint
Venture in favour of Lead member/ partner as per format
prescribed in Form 7 given in Section 4 of RFB/ bidding
document (applicable only for Joint Venture Bidder)
8A Joint Deed of Undertaking (JDU) signed by each member/
partner of the Joint Venture, as per format prescribed in
Form 8 given in Section 4 of RFB/ bidding document
(applicable only for Joint Venture Bidder)
8B Joint Venture Agreement entered into amongst all the
partners/ members of the Joint Venture in their own format
but without violating any of the requirements of the
bidding documents and necessarily including the
confirmation as specified in Clause 2.2.7 of Section 2 of
RFB/ bidding document (applicable only for Joint
Venture Bidder)
9 Details/ Data and documentary evidence in support of
meeting the Qualification Requirement specified in Section
2 of RFB/ bidding document, as per the format prescribed
in Form 9 given in Section 4 of RFB/ bidding document
10. The details of all major items of Plant and Installation
Services proposed to be subcontracted in case of award,
indicating name and nationality of the proposed
subcontractor/sub-vendor for each item, as per the format
prescribed in Form 10 given in Section 4 of RFB/ bidding
document.
as per the format prescribed in Form 1 given in Section 4
11. Form of Undertaking on Compliance of Terms &
Conditions of the RFB/ bidding document including
Scope of Work and other related requirements, as per the
format prescribed in Form 11 given in Section 4 of RFB/
Part 1 - Bidding Procedures and Requirements 61

Sr. Document Status (Submitted/ Not


Submitted/ Not
Applicable)
bidding document, subject to Sl No. 12 below of this table
12 Statement of Deviation from the requirements specified in
the RFB/ bidding documents including Conditions of
Contract, Employer’s Requirement/ Specification and
Drawings etc, including, inter alia, the cost of withdrawal
thereof, as per the format prescribed in Form 12 given in
Section 4 of RFB/ bidding document
13 Work Completion Schedule, as per the format prescribed
in Form 13 given in Section 4 of RFB/ bidding document
14 Guarantee Declaration, as per the format prescribed in
Form 14 given in Section 4 of RFB/ bidding document
15 Information regarding ex-employees of Employer in our
firm, as per the format prescribed in Form 15 given in
Section 4 of RFB/ bidding document
16 Filled up information regarding Price Adjustment Data,
as per the format prescribed in Form 16 given in Section
4 of RFB/ bidding document
17 Option for Interest bearing Initial Advance payment and
Information for E-payment, PF details and declaration
regarding Micro/Small & Medium Enterprises, as per the
format prescribed in Form 17 given in Section 4 of RFB/
bidding document
18 Declaration for tax exemptions, reductions, allowances or
benefits, as per the format prescribed in Form 18 given in
Section 4 of RFB/ bidding document
19 Bank Guarantee verification checklist, as per the format
prescribed in Form 19 given in Section 4 of RFB/ bidding
document
20 Additional Information, if any, as per the format
prescribed in Form 20 given in Section 4 of RFB/ bidding
document
21 Integrity Pact, duly signed on each page by the person
signing the bid, as per the format prescribed in Form 21
given in Section 4 of RFB/ bidding document

(n) We are also submitting herewith the Financial Part of our Bid, online separately, as per
the prescribed Forms given in Section 5 of RFB/ bidding document,complete in all
respects in electronic form only, as per the requirements of RFB/ bidding document. We
Part 1 - Bidding Procedures and Requirements 62

confirm that the same dies not contain any deviation, reservation or omission, failing
which it is liable to be rejected.

(o) Contact Person

Details of the contact person representing us supported by the Power of Attorney, as


prescribed, are furnished as under:

Name: ………………………………………………….
Designation: ………………………………………………….
Company: ………………………………………………….
Address: ………………………………………………….
Mobile: ………………………………………………….
Phone: ………………………………………………….
Fax: ………………………………………………….
Email: ………………………………………………….

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 63

Form 2
(Appendix to Technical Part of the Bid)

Format for Bidder Information Sheet


[The Bidder shall fill in this Form in accordance with the instructions indicated below. No
alterations to its format shall be permitted and no substitutions shall be accepted.]

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

1. Bidder’s Legal Name

2. Legal Status of the Bidder


3. Bidder’s Country of Registration:

4. Bidder’s Year of Registration:

5. Bidder’s Legal Address in Country of Registration:

6. Bidder’s Authorized Representative Information


Name:
Address:
Telephone/Fax numbers:
Email Address:

7. Attached are copies of original documents of [check the box(es) of the attached original
documents]
o Self certified copy of the document to establish legal status of the firm viz. Certificate
of Incorporation issued under the Companies Act / The Limited Liability Partnership
Act / Partnership deed etc. as applicable;
o Self certified copy of PAN
o Self certified copy of GST Registration;
o Self certified copy in support of MSME, if applicable
o Organizational chart including a list of Board of Directors/ Key Management
Personnels..
Part 1 - Bidding Procedures and Requirements 64

Note : In case of of JV/ Consortium, the afore details/ documents are to be furnished for each
of the JV/ Consortium Members

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 65

Form 3A
(Appendix to Technical Part of the Bid)

Format of Bid Securing Declaration


(if applicable)
BID SECURING DECLARATION

Whereas, I/We (name of Bidder) --------------------------- have submitted Bid for


------------------ (name of Package) in response to Request For Bid (RFB) no:
--------------------------- dated --------------------------

I/We hereby submit following declaration in lieu of Bid Security/ Earnest Money Deposit:

1. If after the opening of Proposal, I/We withdraw and/or modify my/our Proposal during its
period of validity (including extended validity) as specified in the RFB document,
Or
2. If, after the issue of Notification of Award of the Contract, I/We fail to sign the Contract,
or to submit Contract Performance Guarantee before the deadline specified in the RFB
document,
Or
3. If, in case of I/ we fail to ensure that the Contract becomes Effective as specified in the
RFB document.

I/we shall be suspended from and shall not be eligible to participate for a period of 01 year
from date of issue of the suspension order, in the bidding against any of the Notice Inviting
Tenders/ Invitation For Bids/ Request for Proposal/ Bid etc. issued by Department of Power,
Govt. of Arunachal Pradesh during that period .

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
Part 1 - Bidding Procedures and Requirements 66

#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 67

Form 3B
(Appendix to Technical Part of the Bid)

Format of Bank Guarantee for Bid Security

{To be on non-judicial stamppaper of Rupees One Hundred Only (INR100/-)or appropriate value as
per Stamp Act relevant to place of execution, duly signed on each page.}

ReferenceNo. ……………. Bank Guarantee No.……………. Dated:


…………….

To:
[Utility]
[Address]

Dear Sir/ Madam,

WHEREAS………………………[Insert name of the Sole Bidder] / [ insert name of the Lead Joint
Venture Member followed by the words “ representing Joint Venture of [ insert names of all the
members of Joint Venture]”]with address…………….[Insert address of Sole Bidder /Lead Joint
Venture Member] having its registered office at…………….[Insert address of the Sole Bidder/Lead
Joint Venture Member] (Hereinafter, the“Bidder”) wishes to participate in Tender No. [Tender
Details] (the“RFB”) issued by Department of Power, Govt. of Arunachal Pradesh (hereinafter, the“
Utility”) for [ name of the Packge/ Contract title].

And WHEREAS a Bank Guarantee for [Amount] valid t i l l [Date] is required to be submitted by the
Bidder alongwith the RFB.

We,…………….[Insert name of the Bank and address of the Branch giving the Bank Guarantee]
having our registered office at…………….[Insert address of the registered office of the Bank] hereby
give this Bank Guarantee No.…………….[Insert Bank Guarantee number] dated…………….[Insert
the date of the Bank Guarantee], and hereby agree unequivocally and unconditionally to pay
immediately on demand in writing from the Utility any officer authorized by it in this behalf any
amount not exceeding [Amount] to the said Utility on behalf of the Bidder

We…………….[Insert name of the Bank] also agree that withdrawal of the Bid or part thereof by the
Bidder within its validity or not signing the Contract Agreement or non-submission of
Performance Security by the Bidder within the stipulated time of the Letter of Award to the Bidder or
any violation to the relevant terms stipulated in the bidding document would constitute a default to
the part of the Bidder and that this Bank Guarantee is liable to be invoked and encashed within its
Part 1 - Bidding Procedures and Requirements 68

validity by the Utility in case of any occurrence of a default on the part of the Bidder and that the
amount is liable to be for feited by the Utility.

This Guarantee shall be valid and binding on this Bank up to and inclusive of …………….
[Insert the date of validity of the Bank] and shall not be terminable by notice or by Guarantor
for the reason of change in the constitution of the Bank or the firm of the Bidder or by any
reason whatsoever and our liability hereunder shall not be impaired or discharged by any
extension of time or variations or alternations made, given, conceded with or without our
knowledge or consent by or between the Bidder and the Utility.

NOTWITHSTANDING anything contained hereinbefore, our liability under this guarantee is


restricted to [Amount]. Our Guarantee shall remain in force till [Date]. Unless demands or
claims under this Bank Guarantee are made to us in writing on or before [Date], all rights of
the Beneficiary under this Bank Guarantee shall be forfeited, and we shall be released and
discharged from all liabilities there under.
[Insert the address of the Bank with [Insert signature of the Bank’s Authorized
complete postal branch code, telephone Signatory]
and fax numbers, and official round seal
of the Bank]

Attested
……………………………. [Signature]
(Notary Public)
Place: …………………………. Date: …………………………….

INSTRUCTIONS FOR SUBMITTING BANK GUARANTEE


1. Bank Guarantee to be executed on non-judicial stamp paper of appropriate value as per Stamp Act
relevant to place of execution.
2. The Bank Guarantee by Bidder shall be given from any Scheduled Commercial Bank.
3.The full address along with the Telex/Fax No. and e-mail address of the issuing bank to be
mentioned.
Part 1 - Bidding Procedures and Requirements 69

Form 4
(Appendix to Technical Part of the Bid)

Format of Power of Attorney of designated Bid Signatory by sole bidder/ lead


joint venture member

[To be on non-judicial stamp paper of Rupees One Hundred Only (INR 100/-) or appropriate
value as per Stamp Act relevant to place of execution.]

Know all men by these presents, we …………………………………………….[Insert name


and address of the registered office of the Lead Consortium Member of the Bidding
Consortium/ Sole Bidder] do hereby constitute, appoint, nominate and authorize Mr./Ms.
………………………………………………… [Insert name and residential address], who
is presently employed with us and holding the position of ………………………………. as
our true and lawful attorney, to do in our name and on our behalf, all such acts, deeds and
things necessary in connection with or incidental to submission of our Bid in response to
RFB/ Tender No. [RFB/ Tender Details] for [Insert name of Package/ Contract title] (the
“Project”) issued by Department of Power, Govt. of Arunachal Pradesh,including signing and
submission of the Bid and all other documents related to the Bid, including but not limited to
undertakings, letters, certificates, acceptances, clarifications, guarantees or any other
document which Utility may require us to submit. The aforesaid attorney is further
authorized for making representations to Utility, and providing information / responses to
Utility, representing us in all matters before Utility, and generally dealing with Utility in all
matters in connection with our Bid till the completion of the bidding process as per the terms
of the RFB.

We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms under
the RFB.

Signed by the within named ........................................... [Insert the name of the executant
company] through the hand of Mr./ Mrs. ……………………………………….duly
authorized by the Board/ Owner to issue such Power of Attorney dated this
………………………. day of ………
Part 1 - Bidding Procedures and Requirements 70

Accepted

……………………………… (Signature of Attorney)


[Insert Name, designation and address of the Attorney]

Attested
…………………………………..
(Signature of the executant)
(Name, designation and address of the executant)

…………………………………….
Signature and stamp of Notary of the place of execution

Common seal of ……………… has been affixed in my/our presence pursuant to Board
of Director’s Resolution dated…./ Owner

1. WITNESS 1. ………………………………………………. (Signature)


Name ………………………………….
Designation...........………………….
2. WITNESS 2. ………………………………………………. (Signature)
Name ………………………………….
Designation...........…………………._

_________________________________________________________________________
Notes:
a. The mode of execution of the power of attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s).

b. In the event, power of attorney has been executed outside India, the same needs to be
duly notarized by a notary public of the jurisdiction where it is executed.

c. Also, wherever required, the executant(s) should submit for verification the extract of
the charter documents and documents such as a Board resolution / power of attorney, in
favour of the person executing this power of attorney for delegation of power hereunder
on behalf of the executant(s).
_________________________________________________________________________
Part 1 - Bidding Procedures and Requirements 71

Form 5
(Appendix to Technical Part of the Bid)

Format of Declaration of conformance of the Bidder and the Facilities offered, to


the specified eligibility requirement

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Bidder’s Name and Address: To: XXXXX(Name and Address of Employer)


{In case of JV bidder, mention name
and address of all the Joint Venture members}

We hereby certify that Plant and Installation Services offered to be supplied by us fully
comply with all the eligibility and other requirements specified in Section 2 and Section 3
of RFB/ bidding documents.

We hereby certify that our firm is legally established in India and we fully comply with the
eligibility and other requirements specified in Section 2 and Section 3 of RFB/ bidding
documents,

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 72

Form 6
(Appendix to Technical Part of the Bid)

Format for Affidavit of Self certification regarding Local Content in line with
PPP-MII order and #MoP Order/DoT order
[if applicable, to be provided on a non-judicial stamp paper of Rs. 100/- ]

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

I We ________S/o, D/o, W/o, _____________________Resident


of_________________________________________________________ , on behalf of the
firm(s) named above, hereby solemnly affirm and declare as under:

That we will agree to abide by the terms and conditions of the Public Procurement
(Preference to Make in India) Order, 2017 of Government of India issued vide Notification
No:P-45021/2/2017 -BE-II dated 15/06/2017, its revision dated 04/06/2020 (hereinafter PPP-
MII order),

#‘Public Procurement (Preference to Make in India) to provide for Purchase


Preference (linked with local content)’ order dated 28/07/2020 issued by Ministry of
Power (hereinafter MoP order)
Or
#Public Procurement (Preference to Make in India) Order, 2017- Notification of Telecom
products, Services or Works issued vide Notification No. 18-10/2017-IP dated 29.08.2018 by
Department of Telecommunications (DoT), (hereinafter, DoT-Order)

and any subsequent modifications/Amendments, if anyand

That the information furnished hereinafter is correct to the best of my knowledge and belief
and I undertake to produce relevant records before the procuring entity/POWERGRID or any
other Government authority for the purpose of assessing the local content ofplant/
goods/material/ services/works supplied by me for …………………………………….
[insert the reference of RFB and name of Package/ Contract title].
Part 1 - Bidding Procedures and Requirements 73

That the local content for all inputs which constitute the said plant/ goods/material/
services/works has been verified by me and I am responsible for the correctness of the claims
made therein.

That the ‘Local Content ‘as defined in the PPP-MII order and #MoP order /DoT order
in the plant/goods/material/ services/works supplied by me for
…………………………………….(insert the name of the package) is ……… percent (%).

That the plant/goods/material/ services/works supplied by me for


…………………………………….(insert the name of the package) meet the ‘Local Content‘
requirement as defined in the PPP-MII order and #MoP order /DoT order for ‘Class –I
local supplier’/‘Class-II Local supplier (choose as applicable).

That the value addition for the purpose of meeting the ‘Local Content ‘has been made by me
at ………………………(insert the details of the location(s) at which value addition is
made).

That in the event of the local content of the plant/goods/material/ services/works mentioned
herein is found to be incorrect and not meeting the prescribed Local Content criteria, based
on the assessment of procuring agency (ies)/ Department of Power, Govt. of Arunachal
Pradesh/Government Authorities for the purpose of assessing the local content, action shall
be taken against me in line with the PPP-MII order, #MoP order/ DoT order and provisions
of the Integrity pact/ Bidding Documents.

I agree to maintain the following information in the Company's record for a period of 8 years
and shall make this available for verification to any statutory authority.

i Name and details of the Local Supplier


(Registered Office, Manufacturing unit location, nature of legal entity)

ii. Date on which this certificate is issued

iii. Plant/goods/services/works for which the certificate is produced

iv. Procuring entity to whom the certificate is furnished


v. Percentage of local content claimed and whether it meets the Local Content prescribed
for ‘Class –I local supplier’/‘Class-II Local supplier (choose as applicable)
vi. Name and contact details of the unit of the Local Supplier (s)
vii. Sale Price of the product
viii Ex-Factory Price of the product
ix. Freight, insurance and handling
Part 1 - Bidding Procedures and Requirements 74

x. Total Bill of Material


xi List and total cost value of input used to manufacture the Goods/to provide services/in
construction of works
xii. List and total cost of input which are domestically sourced. Value addition certificates
from suppliers, if the input is not in-house to be attached
xiii. List and cost of inputs which are imported, directly or indirectly

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, or only the authorised signatory as per ITB 19.4, in either case
the power of attorney of the authorized bid signatory (signatories) must be attached}

# choose as applicable while preparing bidding documents


Part 1 - Bidding Procedures and Requirements 75

Form 7
(Appendix to Technical Part of the Bid)

Format of Power of Attorney by Each Member/ Partner of The Joint Venture in


favour of Lead Member/ Partner

KNOW ALL MEN BY THESE PRESENTS THAT WE , the Partners whose details are
given hereunder ................................................................................. have formed a Joint
Venture under the laws of ............................................ and having our Registered
Office(s)/Head Office(s) at ............................................... (hereinafter called the 'Joint
Venture' which expression shall unless repugnant to the context or meaning thereof, include
its successors, administrators and assigns) acting through
M/s ................................................................................. being the Partner in-charge, do
hereby constitute, nominate and appoint M/s................................................... a Company
incorporated under the laws of .............................…………………….... and having its
Registered/Head Office at ........................................... as our duly constituted lawful Attorney
(hereinafter called "Attorney" or "Authorised Representative" or "Partner In-charge" or
“Lead Partner”or “Lead Member” or “Leader”) to exercise all or any of the powers for and
on behalf of the Joint Venture in regard to Request for Bids (RFB)/ Request for Proposals
(RFP) No............................ for Package ............................ the bids for which have been
invited by ……… (insert name of the Employer alongwith address) ………… (hereinafter
called the 'Employer') to undertake the following acts :

i) To submit proposal/ Bid and participate in the aforesaid Bidding, against the RFB/
RFP issued of the Employer, on behalf of the "Joint Venture".

ii) To negotiate with the Employer the terms and conditions for award of the Contract
pursuant to the aforesaid Bid and to sign the Contract with the Employer for and on
behalf of the "Joint Venture".

iii) To do any other act or submit any document related to the above.

iv) To receive, accept and execute the Contract for and on behalf of the "Joint Venture".

It is clearly understood that the Partner In-charge (Lead Partner/ Lead Member) shall
ensure performance of the Contract(s) and if one or more Partner fail to perform their
respective portions of the Contract(s), the same shall be deemed to be a default by all
the Partners.

It is expressly understood that this Power of Attorney shall remain valid binding and
irrevocable till completion of the Defect Liability Period in terms of the Contract.
Part 1 - Bidding Procedures and Requirements 76

The Joint Venture hereby agrees and undertakes to ratify and confirm all and
whatsoever the said Attorney/Authorised Representatives/Partner in-charge/ Lead
Partner/ Lead Member quotes in the bid, negotiates and signs the Contract with the
Employer and/or proposes to act or acts on behalf of the Joint Venture by virtue of
this Power of Attorney and the same shall bind the Joint Venture as if done by itself.

IN WITNESS THEREOF the Partners Constituting the Joint Venture as aforesaid


have executed these presents on this ........... day of …………........... under the
Common Seal(s) of their respective Companies.

for and on behalf of the


Partners of Joint Venture

.............................................

.............................................

.............................................

The Common Seal of the above Partners of the Joint Venture:

The Common Seal has been affixed there unto in the presence of:

WITNESS

1. Signature......................................................

Name ............................................…...........

Designation ...................................…..........

Occupation ......................................…........

2. Signature.................................................….

Name ..................................................….....

Designation ........................................…....

Occupation ...............…..............................

Note:
1. For the purpose of executing the power of attorney , the non-judicial stamp papers of
appropriate value shall be purchased in the name of Joint Venture.
Part 1 - Bidding Procedures and Requirements 77

2. The power of attorney shall be signed on all the pages by the authorised
representatives of each of the partners and should invariably be witnessed and
notorised.
Part 1 - Bidding Procedures and Requirements 78

Form 8
(Appendix to Technical Part of the Bid)

Format of Joint Deed of Undertaking by the Joint Venture Partners/ Members

THIS JOINT DEED OF UNDERTAKING executed on this………. day of……….. Two


Thousand and………....... by ……………………………………………..a company
incorporated under thelaws of ………………… and having its Registered Office
at ........................(hereinafter called the "Party No.1" which expression shall include its
successors, executors and permitted assigns) and M/s……………a company incorporated
under the laws of ………..…………… and having its Registered Office at ………..
………… (hereinafter called the "Party No.2" which expression shall include its successors,
executors and permitted assigns ) and M/s.. .. .. .. . .. . . . . .. . .. .. .... .. a Company
incorporated under the laws of ……………….. and having its Registered Office at
……………. (hereinafter called the "Party No.3" which expression shall include its
successors, executors and permitted assigns) for the purpose of making a bid and entering
into a contract [hereinafter called the "Contract" {in case of award)] against the Request For
Bids (RFB)/ Request for Proposal (RFP) No……..…………. for ……(insert name of the
package alongwith project name) ……………of ……..(insert names of the Employer)
…………….., a Company incorporated under the Companies Act of1956 having its
registered office at …………….(insert registered address of the Employer)……………
(hereinafter called the "Employer").

WHEREAS the Party No.1, Party No.2 and Party No.3 have entered into an Agreement
dated................

AND WHEREAS the Employer invited bids as per the above mentioned Package for the
design, supply and installation of the Plant as stipulated in the Bidding Documents for ……
(insert name of the package alongwith project name) ……………

AND WHEREAS as per Section 2/ Section 3 of the Bidding Documents, inter-alia stipulates
that a Joint Venture, as specified therein, may bid, provided, the Joint Venture and the
partners/ members in/ of the Joint Ventures fulfill all the specified requirements of the
Bidding Documents and that , in such a case, the Bid shall be signed by all the partners so as
to legally bind all the Partners of the Joint Venture, who will be jointly and severally liable to
perform the Contract and all obligations hereunder.

AND WHEREAS the bid is being submitted to the Employer vide proposal
No…………………..dated ……..... by Party No.1 based on this Undertaking between all the
parties; under these presents and the bid in accordance with the requirements of Section 2/
Part 1 - Bidding Procedures and Requirements 79

Section 3 of the Bidding Documents, has been signed in accordance with the provisions
contained therein.

NOW THIS UNDERTAKING WITNESSETH AS UNDER:

In consideration of the above premises and agreements all the parties of this Deed of
Undertaking do hereby declare and undertake:

1. In requirement of the award of the Contract by the Employer to the Joint Venture
Partners, we, the Parties do hereby undertake that M/s……… the Party No.1, shall
act as Lead Partner/ Lead Member/ Authorised Representative/ Partner-in- Charge of
the Joint Venture, and further declare and confirm that we the parties to the Joint
Venture shall jointly and severally be bound unto the Employer for the successful
performance of the Contract and shall be fully responsible for the design, supply and
installation of the Plant and for successful performance of the Contract in the event
of award and performance of equipment in accordance with the Contract:

2. In case of any breach or default of the said Contract by any of the parties to the Joint
Venture, the party(s) dohereby undertake to be fully responsible for the successful
performance of the Contract and to carry out all the obligations and responsibilities
under the Contract in accordance with the requirements of the Contract.

3. Further, if the Employer suffers any loss or damage on account of any breach in the
Contract or any shortfall in the performance of the equipment in meeting the
performances guaranteed as per the specification in terms of the Contract, the Party(s)
of these presents undertake to promptly make good such loss or damages caused to
the Employer, on its demand without any demur. It shall not be necessary or
obligatory for the Employer to proceed against Lead Partner to these presents before
proceeding against or dealing with the other Party(ies), the Employer can proceed
against any of the parties who shall be jointly and severally liable for the performance
and all other liabilities/obligations under the Contract to the Employer.

4. The financial liability of the Parties of this Deed of Undertaking to the Employer,
with respect to any of the claims rising out of the performance or non-performance of
the obligations set forth in this Deed of Undertaking, read in conjunction with the
relevant conditions of the Contract shall, however not be limited in any way so as to
restrict or limit the liabilities or obligations of any of the Parties of this Deed of
Undertaking.

5. It is expressly understood and agreed between the Parties to this Undertaking that the
responsibilities and obligations of each of the Parties shall be as delineated in
Appendix – I(to be suitably appended by the Parties alongwith this Undertaking in
its bid) to this Deed of Undertaking. It is further undertaken by the parties that the
above sharing of responsibilities and obligations shall not in any way be a limitation
of joint and several responsibilities of the Parties under the Contract.
Part 1 - Bidding Procedures and Requirements 80

6. It is also understood that this Undertaking is provided for the purposes of undertaking
joint and several liabilities of the partners to the Joint Venture for submission of the
bid and performance of the Contract and that this Undertaking shall not be deemed to
give rise to any additional liabilities or obligations, in any manner or any law, on any
of the Parties to this Undertaking or on the Joint Venture, other than the express
provisions of the Contract.

7. This Undertaking shall be construed and interpreted in accordance with the provisions
of the Contract.

8. In case of an award of a Contract, we the parties to this Deed of Undertaking do


hereby agree that we shall be jointly and severally responsible for furnishing a
Contract performance security from a bank in favour of the Employer in the
currency/currencies of the Contract.

9. It is further agreed that this Deed of Undertaking shall be irrevocable and shall form
an integral part of the bid and shall continue to be enforceable till the Employer
discharges the same or upon the completion of the Contract in accordance with its
provisions, whichever is earlier. It shall be effective from the date first mentioned
above for all purposes and intents.

IN WITNESS WHEREOF, the Parties to this Deed of Undertaking have through their
authorised representatives executed these presents and affixed Common Seals of their
companies, on the day, month and year first mentioned above.

Common Seal of ………………………. For Lead Partner (Party No.-1)


has been affixed in my/ our For and on behalf of M/s
presence pursuant to Board of …………………..
Director’s Resolution dated …………….

Name ………………………..

Designation ………………….
(Signature of the authorized
Signature ……………………. representative)

WITNESS :

I. ………………………………

II. ………………………………

Common Seal of ………………………. For Party No.-2


Part 1 - Bidding Procedures and Requirements 81

has been affixed in my/ our For and on behalf of


presence pursuant to Board of M/s…………………..
Director’s Resolution dated …………….

Name ……………………….. (Signature of the authorized


representative)
Designation ………………….

Signature …………………….

WITNESS :

I. ………………………………

II. ………………………………

Common Seal of ………………………. For Party No.-3


has been affixed in my/ our For and on behalf of M/s.
presence pursuant to Board of …………………..
Director’s Resolution dated …………….

Name ………………………..

Designation ………………….
(Signature of the authorized
Signature ……………………. representative)

WITNESS :

I. ………………………………

II. ………………………………

Note:
1. For the purpose of executing the Joint Deed of Undertaking, the non-judicial stamp
papers of appropriate value shall be purchased in the name of Joint Venture.

2. The Undertaking shall be signed on all the pages by the authorised representatives of
each of the partners and should invariably be witnessed.

3. Appendix 1 must be enclosed


Part 1 - Bidding Procedures and Requirements 82

(Appendix to Technical Part of the Bid)

Joint Venture Agreement


(no specified format, bidders to use own format)
Part 1 - Bidding Procedures and Requirements 83

Form 9
(Appendix to Technical Part of the Bid)

Format for Details/ Data and Documentary Evidence in support of meeting the
Qualification Requirement

Notes on Form of Qualification Information


The information is to be filled in by individual bidders. The following pages will be used for
purposes of post-qualification as provided for in Section2 / Section 3 of RFB/ bidding
documnets. This information will not be incorporated in the Contract. Attach additional
pages as necessary.
NIT/RFB No.: [insert details]
Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages


(Qualifying Requirement Data)

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Ladies and/or Gentlemen,

In support of the Qualification Requirements (QR) for bidders, stipulated in Section-2 of the
bidding documents, we furnish herewith our QR data/details/documents etc., alongwith other
information, as follows (The QR stipulations have been reproduced in italics for ready
reference, however, in case of any discrepancy the QR as given in Section-2 shall prevail).

* We have submitted bid as individual firm.

* We have submitted bid as joint venture of following firms:

(i) ..................................................................................................
(ii) ..................................................................................................
Part 1 - Bidding Procedures and Requirements 84

(iii) ..................................................................................................
(* Strike-off whichever is not applicable)

[For details regarding Qualification Requirements of a Joint Venture, please refer para 4.0
below.]

We are furnishing the following details/document in support of Qualifying requirement for


the subject project.

I. Attached copies of original documents defining:

a) The constitution or legal status;


b) The principal place of business;
c) The place of incorporation (for bidders who are corporations); or the place of
registration and the nationality of the Owners (for applicants who are
partnerships or individually-owned firms).

II. Attached original & copies of the following documents.

a) Written power of attorney of the signatory of the Bid to commit the bidder.
b)** Joint Venture Agreement
[** To be submitted only in case of Joint Ventures. Strike off in case of individual
firms.]
III. Technical Experience QR Data/ Details/ Document
Format A: Format for the Bidder (Single Firm / Partner(s) in case of Joint Venture) for
technical experience in compliance to para 2.1 of Section-2 [In case of Joint
Venture bidder, the QR data of each of the partner (in support of meeting
the requirement of para 2.1.2 of Section-2)] is also is to furnished, as
applicable, using this format. The bidder (Single Firm / Partner(s) in case of
Joint Venture) who is willing to qualify in compliance to para 2.1 of Section-2
shall fill below format for two or all three contracts.
Part 1 - Bidding Procedures and Requirements 85

A1. Name of Bidder/Lead Partner of JV/other partner(s) of


JV
A2. Name of Contract (executed during the last 7 years up to
31.03.2022):
A3. Contract Reference No. & Date of Award

A4 Name and Address of the Employer/Utility


by whom the Contract was awarded
e-mail ID ____________________
Telephone No. ____________________
Fax No. ____________________

A5(i) Name of completed work of project execution in


electrical Transmission or sub-transmission & ___________________
distribution sector
(ii) Cost of the project ___________________
(iii) % of cost w.r.t. estimated cost of this bid (in %)
A6(i) Date of successful execution of the Contract/Date of
commissioning ______________
A7. Capacity in which the Contract was undertaken (Check ○ Prime Contractor
One) Partner of JV
Subcontractor
(Tick whichever is
applicable)

A8. Details/documentary evidence submitted in support of


stated experience/Contract
(Documentary evidence, such as copies of contract agreement/ letter of award/ utility
certificates etc., in support of its experience shall be attached with the filled-up format for
each experience/Contract)
Part 1 - Bidding Procedures and Requirements 86

IV. Financial/ Commercial QE Data/ Details/ Documents


Format B: Format for the Bidder (Single Firm / Partner(s) in case of Joint Venture) for
financial/ commercial experience in compliance to para 2.2.1, 2.2.2, 2.2.3 of
Section-2 [In case of Joint Venture bidder, the QR data of each of the
partner (in support of meeting the requirement of para 2.2.4 of Section-2] is
also to furnished, as applicable, using this format.

A1. Name of Bidder/Lead Partner of JV/other partner(s) of


JV
A2. Net-worth in last three years
1. Financial Year 2018-19 : Rs. ----- lakhs
2. Financial Year 2019-20 : Rs. ----- lakhs
3. Financial Year 2020-21 : Rs. ----- lakhs

A3. Minimum Average Annual Turnover (MAAT)


1. Financial Year 2016-17
2. Financial Year 2017-18 : Rs. ----- lakhs
3. Financial Year 2018-19 : Rs. ----- lakhs
4. Financial Year 2019-20 : Rs. ----- lakhs
5. Financial Year 2020-21 : Rs. ----- lakhs
: Rs. ----- lakhs

A4 liquid assets (LA) and/ or evidence of access to or


availability of credit facilities : Rs. ----- lakhs

A4. Details/documentary evidence submitted in support of


stated details

V. We understand that:
Part 1 - Bidding Procedures and Requirements 87

i. . Sub contractors’ experience and resources shall not be taken into account in
determining the bidder’s compliance with qualifying criteria.

ii. One of the partners shall be nominated as lead partner, and the lead partner shall be
authorized to incur liabilities and receive instruction for and on behalf of any and all
partners of the joint venture and the entire execution of the contract including receipt
of payment shall be done exclusively through the lead partner. This authorization
shall be evidenced by submitting a power of attorney signed by legally authorized
signatories of all the partners as per specified format.

iii. All partner of the joint venture shall be liable jointly and severally for the execution
of the contract in accordance with the contract terms and a copy of the agreement
entered into by the joint venture partners having such a provision shall be submitted
with the bid.

VI. We have furnished the following documents/details with Technical Part of our Bid:

2.1 A certificate from banker (as per format) indicating various fund based/non fund
based limits sanctioned to the bidder and the extent of utilization as on date. Such
certificate should have been issued not earlier than three months prior to the date of
bid opening. Wherever necessary Employer may make queries with the Bidders’
bankers.
2.2 The complete annual reports together with Audited statement of accounts of the
company for last five years of its own (separate) immediately preceding the date of
submission of bid.

Note:
(a) In the event the bidder is not able to furnish the information of its own (i.e.
separate), being a subsidiary company and its accounts are being consolidated with its
group/holding/parent company, the bidder should submit the audited balance sheets,
income statements, other information pertaining to it only (not of its
Part 1 - Bidding Procedures and Requirements 88

group/Holding/Parent Company) duly certified by any one of the authority [(i)


Statutory Auditor of the bidder /(ii) Company Secretary of the bidder or (iii) A
certified Public Accountant] certifying that such information/documents are based on
the audited accounts as the case may be.
(b) Similarly, if the bidder happens to be a Group/Holding/Parent Company, the
bidder should submit the above documents/information of its own (i.e. exclusive of its
subsidiaries) duly certified by any one of the authority mentioned in Note – 2.3 above
certifying that these information/ documents are based on the audited accounts, as the
case may be.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 89

Form 10
(Appendix to Technical Part of the Bid)

Format of Bought-out & Sub-contracted Items

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Sir/ Madam,

1.0 We hereby furnish the details of major items/ sub-assemblies, we propose to buy from our proposed
sub-vendors/ subcontractors for the purpose of supply of Plant and Installation Services under the
subject Package/ Project:

Sl. Item Description Quantity proposed to Details of the proposed sub-


No. be bought-out/sub- contractor/sub-vendor
contracted Name Nationality
1.
2.
3.
4.
5.
6.

2.0 We hereby declare that, in the event of award of Contract on us, we would not subcontract any
portion of Installation Services under Part II of the Contract (Supply of Installation Services) and
any major item other than those mentioned above under Part I of the Contract (Supply of Plant)
Part 1 - Bidding Procedures and Requirements 90

without the prior approval of Employer as per the provisions of the Contract. We understand that
for subcontract related to hiring of labour, prior approval of the Employer is not required.

3.0 We hereby declare that, total local content that will be sourced in the bid is more than 50% of the
total content required under the project.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 91

Form 11
(Appendix to Technical Part of the Bid)

Format of Undertaking on Compliance of Terms & Conditions of the Bidding


Documents including Scope of Work and other related requirements

UNDERTAKING ON COMPLIANCE OF RFB TERMS & CONDITIONS AND OTHER


REQUIREMENTS

(To be submitted on ₹100 Stamp paper issued in the State where Bidder’s office is
located, duly signed by the authorized signatory)

I/We hereby undertake that I/We have examined/ perused, studied and understood the
Request For Bid (RFB) Document in respect of RFB no. _____________________dated
__________and any corrigendum/ addendum/ clarification etc. thereto completely and have
submitted my/our Proposal/ Bid in pursuance to the said RFB document for [insert Package
Name/ Contract Title].

I/We hereby undertake that I/We understand that the scope of Services and other related
requirement under and in pursuance of this RFB are indicative only and not exhaustive in
any manner. I/We understand that the scope of Services may undergo changes as per
emerging requirements of Department of Power, Govt. of Arunachal Pradeshas specified in
the RFB document.

I/We hereby undertake that we shall comply with the scope of Services and other related
requirements and the terms and conditions specified in the RFB document completely and
except as mentioned in the Form 12 (Alternative, Deviations and Exceptions to the
Provisions) hereof, we have no deviations and/or submissions and/or clarifications,
whatsoever of any manner and/or sort and/or kind in this regard.

I/We hereby undertake to provide any further clarifications, details, documents etc. as may
be required without changing the substance of our Proposal.

I/We understand that the Department of Power, Govt. of Arunachal Pradeshreserves the
right to float a separate Request For Bid/ Notice Inviting Tender/ Invitation for Bids for the
scope of Work and related requirements as covered under this RFB, irrespective of the
outcome of this RFB, and I/We hereby undertake that we have no objection for the same.
I/We understand that in such a case, I/We shall bid separately in response to such Request
For Bid/ Notice Inviting Tender/ Invitation for Bids, and in no case our bid/ Proposal in
response to this RFB shall be deemed as a Proposal/ Bid in response to such Request For
Bid/ Notice Inviting Tender/ Invitation for Bids.

I/We hereby undertake to provide the Plant and Installation Services and undertake to be the
Part 1 - Bidding Procedures and Requirements 92

single point of contact for Department of Power, Govt. of Arunachal Pradeshfor complete
Scope of Work and related requirements as per the terms and conditions and as specified in
this RFB document.

I/We hereby undertake that except as mentioned in the Form 12 (Alternative, Deviations and
Exceptions to the Provisions) hereof, my/our bid is/ deemed to be as per the RFB document
and is accordingly submitted to the Department of Power, Govt. of Arunachal Pradesh . In
case of a failure to comply and/or variation Department of Power, Govt. of Arunachal
Pradeshhas the sole discretion not to consider or disqualify my/our Proposal/ bid for the
aforementioned RFB and I/We shall be not have any claim of any sort/kind/form on the
same.

I/We agree to be bound by our Proposal for the period of validity as specified in and
required as per Section 3 of RFB document and it shall remain binding upon us and may be
accepted at any time before the expiration of that validity period as may be extended by us.

I/We hereby attach the duly signed and stamped RFB document as an unconditional
acceptance and compliance of RFB specifications and terms & conditions as part of the
Technical Part of our Bid without any deviations and/or submissions and/or clarifications of
any manner and/or sort and/or kind in this regard, except as indicated in Form 12
(Alternative, Deviations and Exceptions to the Provisions) hereof from my/our side.
I/We understand that mentioning of any pre-requisites, presumptions, assumptions,
hiding/ twisting/ deletion/ reduction/ manipulation/ disguising of Scope of Works and/or
application features and/or infrastructure and/or project deliverables etc. in any form
and/or by any means and/or under any head shall not be constituted as a part of the
Bid/ Proposal and in case of award of the Contract the same shall not be claimed by
me/us while award and/or subsequently providing of Plant and Installation Services/
execution of work. The decision of Department of Power, Govt. of Arunachal Pradesh
on such issues shall be binding on me/us and the same shall not be arbitrated upon by
me/us.
I/We hereby undertake that we abide by all the terms and conditions mentioned in the
RFB document along with amendment/corrigendum/ clarification, if any, as confirmed
herein

We also confirm that in case any discrepancies/ inconsistencies and deviations/ omissions/
reservations, except as indicated in Form 12 (Alternative, Deviations and Exceptions to the
Provisions) hereof, is observed in the online Price Part of our Bid, the same shall be deemed
as withdrawn/rectified without any financial implication, whatsoever to Deparment of
Power, Govt. of Arunachal Pradesh.
I/We understand that at any stage during the tenure of the Contract if it is found that any
statement or document submitted by us is false/forged/invalid, Department of Power, Govt.
of Arunachal Prasdesh has discretion to terminate the Contract and get the Plant and
Part 1 - Bidding Procedures and Requirements 93

Installation Services delivered / work done though third party.

I/We hereby affirm that the products and/or Plant and Installation Services offered by us
against this RFb are in compliance to the latest Government of India Guidelines for Make in
India, Domestically manufactured products, Atmanirbhar Bharat and circulars DIPP Office
Memorandum No. P-45021/2/2017-PP (BE-II) date:16th Sept. 2020, &MeitY Circular
No.1(10)/2017-CLES dated 06.12.2019 as issued and amended from time to time and will
remain complied to the same during the duration and execution of this assignment.

I/We also hereby affirm the following:


a) I/ we are not insolvent, in receivership, bankrupt or being wound up, not have our
affairs administered by a court or a judicial officer, not have our business activities
suspended and am/ are not the subject of legal proceedings for any of the foregoing
reasons;
b) I/ we have not, and our directors and officers have not, been convicted of any
criminal offence related to our/ their respective professional conduct or the making
of false statements or misrepresentations as to our/ their qualifications to enter into a
procurement contract within a period of two years preceding the commencement of
this procurement process, or have not been otherwise disqualified pursuant to
debarment proceedings;
c) I/ we do not have a Conflict of Interest in the procurement in question as specified in
the RFB document.
d) I/ we comply with the code of integrity and other requirements as specified in the
RFB document.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
Part 1 - Bidding Procedures and Requirements 94

#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 95

Form 12
(Appendix to Technical Part of the Bid)

Format of Alternative, Deviations and Exceptions to the Provisions of RFB


Document

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Sir/ Madam,

The bidder shall itemize any deviation from the Specifications included in his bid. Each item
shall be listed (separate sheets may be used and enclosed with this Attachment) with the
following information:

Sl. Reference clause in Deviation Cost of withdrawal of


No. the Specifications the deviation

The above deviations and variations are exhaustive. We confirm that we shall withdraw the
deviations proposed by us at the cost of withdrawal indicated in this attachment, failing
which our bid may be rejected and Bid Security forfeited.

Except for the above deviations and variations, the entire work shall be performed as per
your specifications and documents. Further, we agree that any deviations, conditionality or
Part 1 - Bidding Procedures and Requirements 96

reservation introduced in this Attachment-6 and/or in the Bid form, Price schedules &
Technical Data Sheets and covering letter, or in any other part of the bid will be reviewed to
conduct a determination of the substantial responsiveness of the bid.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
.
Part 1 - Bidding Procedures and Requirements 97
Part 1 - Bidding Procedures and Requirements 98

Form 13
(Appendix to Technical Part of the Bid)

Format of Work Completion Schedule

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Sir/ Madam,

We hereby declare that the following Work Completion Schedule shall be followed by us in
furnishing and installation of the subject Project for the period commencing from the
effective date of Contract to us:

Sl. Period in months from the effective


Description of Work
No. date of Contract
1. Detailed Engineering and drawing
submission
a) commencement
b) completion
2. Procurement of equipment/ components &
assembly
a) commencement
b) completion
3. Type Tests
a) commencement
b) completion
Part 1 - Bidding Procedures and Requirements 99

Sl. Period in months from the effective


Description of Work
No. date of Contract
4. Manufacturing

a) commencement

b) completion
5. Shipments & Delivery

a) commencement

b) completion
6. Establishment of site office
7. Installation at Site

a) commencement

b) completion
8. Testing & Pre-commissioning
a) commencement
b) completion
9. Trial Operation
a) commencement
b) completion

Notwithstanding the above we reiterate our compliance to the Time for Completion of the
Facilities/ Works as per the provisions of the RFB document.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:
Part 1 - Bidding Procedures and Requirements 100

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}

Note:Bidders to enclose a detailed network covering all the activities to be undertaken for
completion of the project indicating key dates for various milestones for each phase
constituent-wise.
Part 1 - Bidding Procedures and Requirements 101

Form 14
(Appendix to Technical Part of the Bid)

Format of Guarantee Declaration


NIT/RFB No.: [insert details]
Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Sir/ Madam,

We confirm that the plant/ equipment/ goods/ material offered shall have minimum (or
maximum, as the case may be) of the performance specified in the RFP document/
Employer’s Requirement/ Specification/ Scope of Work. We further guarantee the
performance/ efficiency of the plant/ equipment/ goods/ material offered in response to RFP
document/ Employer’s Requirement/ Specification/ Scope of Work.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
Part 1 - Bidding Procedures and Requirements 102

#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in either case the power of attorney of the authorized bid signatory
(signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 103

Form 15
(Appendix to Technical Part of the Bid)

Format of Information regarding Ex-employees


(The information in similar format should be furnished for each partner of joint venture in
case of joint venture bid)

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of the concerned Joint Venture member}

Dear Sir/ Madam,


)

(Information regarding Ex-employees of XXXXX(Name of Employer) in our


Organisation)

Dear Sir/ Madam,

We hereby furnish the details of ex-employees of XXXXX(Name of Employer) who had


retired/ resigned at the level of XXXXXX(Define suitable post) from XXXXX(Name of
Employer)and subsequently have been employed by us:
__________________________________________________________________________
Sl. Name of the person Date of Retirement/ Date of joining and
No. with designation in resignation from designation in our
XXXXX (Name of XXXXX(Name of Organisation
Employer) Employer)
_________________________________________________________________________
Part 1 - Bidding Procedures and Requirements 104

1. ...................... ................................. ...............................

2. ...................... ................................. ...............................

3. ...................... ................................. ...............................


___________________________________________________________________________

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the concerned member
and authorised signatory as per ITB 19.4, in either case the power of attorney of the
authorized bid signatory (signatories) must be attached}

Note: .
Part 1 - Bidding Procedures and Requirements 105

Form 16
(Appendix to Technical Part of the Bid)

Format for Price Adjustment Data


NIT/RFB No.: [insert details]
Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Sir/ Madam,

We hereby furnish the details of Price Adjustments:

Name of Material*** Price as on 30 days Price as on XX days Variation*


prior to date of bid prior to date of
opening* shipment*
ACSR conductor NA** NA**
Power Transformer NA** NA**
(aluminium wound)
Power Transformer
(Copper wound)
Distribution Transformer
(aluminium wound)
Distribution Transformer
(Copper wound)
Cables NA** NA**
*Detailed calculations as per Appendix-2 of Form 5 to be enclosed
** Not to be filled at the time of bid submission
Part 1 - Bidding Procedures and Requirements 106

*** The materials listed are illustrative, a separate row to be created for each material for
indicating price adjustment

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the concerned member
and authorised signatory as per ITB 19.4, in either case the power of attorney of the
authorized bid signatory (signatories) must be attached}
Part 1 - Bidding Procedures and Requirements 107

Form 17
(Appendix to Technical Part of the Bid)

Format of Option for Initial Advance (either Interest Bearing Initial Advance or
No Initial Advance) and Information for E-payment, PF details and declaration
regarding Micro/Small & Medium Enterprises

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Sir/ Madam,

I. We have read the provisions in the Bidding Documents regarding the option for
advance payment. Accordingly, we hereby confirm to opt the following:

Interest Bearing Initial Advance


Supply of Plant Portion : Yes* [ ] No* [ ]
Supply of Installation Services Portion : Yes^ [ ] No^ [ ]

(*^ tickONLY ONE of the selected options)

II. We are furnishing the following details of Statutory Registration Numbers and details of
Bank for electronic payment.

1. Name of the Supplier/ Contractor in


whose favour payment is to be made
Part 1 - Bidding Procedures and Requirements 108

2. Address with PIN Code and State Registered Office:

Branch Office:

Correspondence Address:

3. Status – Company/others
[Declaration of Micro/ Small/ Medium
Enterprise under Micro/ Small &
Medium Enterprises Development Act
2006, if applicable]
4. Permanent Account (PAN) No.

5. Goods and Services Tax


RegisterationNo..

6. PF Registration No. of the Company

7. PF Regional Office covered (with


Address)

8. Name of Contact Person

9. Telephone No(s). Landline(s):

Mobile(s):

Email Email ID :

10. Bank Details for Electronic Payment Name of the Bank:


Part 1 - Bidding Procedures and Requirements 109

Address of Branch:

Account No.:
Type of Account:

[ ] Saving

[ ] Current

11. 9 digit MICR code printed at bottom in


middle, next to cheque no.

12. IFSC (for RTGS)/NEFT Code (to be


obtained from the Bank)

Sample Cancelled Cheque to be


enclosed

We hereby declare that the above information is true and correct and we agree that the
payment on account of this Contract, in the event of award, be made in the above account
maintained in the above mentioned Bank.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Part 1 - Bidding Procedures and Requirements 110

Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
Part 1 - Bidding Procedures and Requirements 111

Form 18
(Appendix to Technical Part of the Bid)

FORMAT OF Declaration for tax exemptions, reductions, allowances or benefits)

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

Dear Sir/ Madam,

Dear Sir / Madam,

1. We confirm that we are solely responsible for obtaining following tax exemptions,
reductions, allowances or benefits in respect of supplies under the subject Package/
Project, in case of award. We further confirm that we have considered the same in our
bid thereby passing on the benefit to XXXXX (Name of Employer) while quoting our
prices. In case of our failure to receive such benefits, partly or fully, for any reason
whatsoever, the Employer will not compensate us.

2. We are furnishing the following information required by the Employer for issue of
requisite certificate if and as permitted in terms of the applicable Govt. of India
policies/procedures(in case of award):

Applicable Act, Sl. No. Description of item Country of Remarks, if any


Notification No. and on which applicable origin
Clause Ref. No.
Part 1 - Bidding Procedures and Requirements 112

(The requirements listed above are as per current Notification of Govt. of India
indicated above. These may be modified, if necessary, in terms of the Notifications.)

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
Part 1 - Bidding Procedures and Requirements 113

Form 19
(Appendix to Technical Part of the Bid)

Format of Bank Guarantee verification Check list

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

(Bank Guarantee verification Check list)


Dear Sir/ Madam
We have ensured compliance to the following checklist in submission of Bank Guarantee :
S. No. Checklist Yes No
1 Does the bank guarantee compare verbatim with standard
proforma for BG?
2(a) Has the executing Officer of BG indicated his name
designation & Power of Attorney No. / Signing power
Number etc. on BG?
2(b) Is each page of BG duly Signed/ initialed by the executants
and last page is signed with full particulars as required in the
standard proforma of BG and under the seal of the bank?
2(c) Does the last page of the BG carry the signatures of two
witnesses alongside the signature of the executing Bank
Manager?
3(a) Is the BG on non-judicial stamp paper of appropriate value?
3(b) Is the date of sale of non-judicial stamp paper shown on the
BG and the stamp paper is issued not more than Six months
Part 1 - Bidding Procedures and Requirements 114

prior to the date of execution of BG?


4(a) Are the factual details such as Bid specification No., LOA No.
contract price, etc, correct?
4(b) Whether Overwriting /cutting, if any on the BG, authenticated
under signature & seal of executants?
5 Is the amount and validity of BG isinline with contract
provisions?
6 Whether the BG has been issued by a Nationalized bank /
Non- Nationalized Bank acceptable to Buyer /Scheduled Bank
in India (the applicability of the bank should be in line with
the provisions of bidding documents)?

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
(Common Seal).…………..........................................
Part 1 - Bidding Procedures and Requirements 115

Appendix to Technical Part


Attachment-4A : List of Special Maintenance Tools & Tackles included in bid price

Electrification works of XXXXXXXX (name of district)district in XXXXX (Name of State) under Revamped
Reforms-Based and Results-Linked, Distribution Sector Scheme (RDSS)

(List of Special Maintenance Tools & Tackles)

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)

Dear Sir,

We are furnishing below the list of special maintenance tools & tackles for various
equipment under the subject project. The prices for these tools & tackles are included in our
lumpsum bid price. We further confirm that the list of special maintenance tools & tackles
includes all the items specifically identified in your bidding documents as brought out below:

----------------------------------------------------------------------------------------------------------------
--
S.No. For Equipment Item Description Unit Quantity
----------------------------------------------------------------------------------------------------------------
--

----------------------------------------------------------------------------------------------------------------
--
Part 1 - Bidding Procedures and Requirements 116

Notwithstanding what is stated above, we further confirm that any additional special
maintenance tools and tackles, required for the equipment under this project shall be
furnished by us at no extra cost to the employer.

Date:....................
(Signature)...................................................……………..
Place:................... (Printed Name)..........................................………………
(Designation)................…………............................……..
(Common Seal).…………........................................……..
Part 1 - Bidding Procedures and Requirements 117

Appendix to Technical Part


Attachment-4B : List of Special Maintenance Tools & Tackles not included in bid price

Electrification works of XXXXXXXX (name of district) district in XXXXX (Name of State)


under Revamped Reforms-Based and Results-Linked, Distribution Sector Scheme (RDSS)

(List of Special Maintenance Tools & Tackles)

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)

Dear Sir,

We are furnishing below the list of special maintenance tools & tackles for various
equipment under the subject Project. The prices for these tools & tackles which are to be
taken back after the completion of the work by us are not included in our lumpsum bid price.
We further confirm that the list of special maintenance tools & tackles includes all the items
specifically identified in your bidding documents as brought out below:

(a) .............................

(b) .............................

Date:....................
(Signature)...................................................……………..
Place:...................
(Printed Name)..........................................………………
(Designation)................…………............................……..
(Common Seal).…………........................................……..
Part 1 - Bidding Procedures and Requirements 118

Form 20
(Appendix to Technical Part of the Bid)

Format of Additional Information

NIT/RFB No.: [insert details]


Package Name/ Contract Title: [insert details]

Page ________ of_ ______ pages

Bidder’s Name and Address: To: XXXXX (Name and Address of Employer)
{In case of JV bidder, mention name
and address of all the Joint Venture members}

(Additional Information)

Dear Sir/ Madam,

In support of the additional information required as per the Bidding Documents, we furnish
herewith our data/details/documents etc., alongwith other information, as follows (the
stipulations have been reproduced in italics for ready reference):

1.0 The Bidder shall furnish

A certificate from their Banker(s) (as per prescribed formats in Form 16, Part -3,
Section-8: Contract Forms) indicating various fund based/non fund based limits
sanctioned to the Bidder and the extent of utilization as on date. Such certificate
should have been issued not earlier than three months prior to the date of bid
opening. Wherever necessary the Employer may make queries with the Bidders’
Bankers.[Reference Part -1, Section 2]

1.1 In accordance with 1.0, certificate(s) from banker as per requisite format, indicating
various fund based/non fund based limits sanctioned to the bidder or each member of
Part 1 - Bidding Procedures and Requirements 119

the joint venture and the extent of utilization as on date is/are enclosed, as per the
following details:

Name of the Bidder/partner of Joint Venture

Name of the Banker by whom certificate issued

Date of certificate (should not be earlier than 3 months prior


to date of bid opening)

Whether fund based/non fund based limits are indicated in


the certificate

Whether extent of utilization is indicated in the certificate

1.2 The Bidder should accordingly also provide the following information/documents (In
case of JV bidders, information should be provided separately for all the Partners
of JV in the given format):

(i) Details of Banker:

Name of Banker
Address of Banker _____________________________
_____________________________
_____________________________

Telephone No. _____________________________


Contact Name and Title _____________________________
Fax No. _____________________________
E-mail ID _____________________________

(ii) As per para 1.0, Authorization Letter(s) from the bidder (in case of JV bidder,
from all the partners) addressed to the Banker(s), authorizing Department of
Part 1 - Bidding Procedures and Requirements 120

Power, Govt. of Arunachal Pradesh to seek queries about the bidder with the
Banker(s) and advising the Banker(s) to reply the same promptly, is/are
enclosed as per following details:

Sl. Letter Ref. Date Addressed to


No. (name of the Bank)

2.0 OTHER INFORMATION

2.1 Current Contract Commitments of works in progress

Bidders (individual firms or each partners of JV) should provide information on their
current commitments on all contracts that have been awarded, or for which a letter of
intent or acceptance has been received, or for contracts approaching completion, but
for which an unqualified, full completion certificate has yet to be issued.

Details of Contract Value of outstanding work Estimated completion date


(Rs.)

2.2 Financial Data :


(In Rs. Millions)
Actual Projection for next five
(previous five years) years
1. Total Assets
2. Current Assets
3. Total Liability
Part 1 - Bidding Procedures and Requirements 121

4. Current Liability
5. Profit before taxes
6. Profit after taxes

3. The information/documentation in support of Bidder’s design infrastructure and


erection facilities and capacity and procedures including quality control related to the
work, are enclosed at _[…….]______ herewith.

4. The CV and experience details of a project manager with 15 years experience in


executing such contract of comparable nature including not less than five years as
manager and the CVs of other employees to be deputed for the subject work, are
enclosed at _[…….]___ herewith.

Dated the ……………. [Insert date of the month] day of ……………. [Insert month, year]
at ……………. [Insert place].

_________________________________________________________________
Signature {(of Bidders’s authorized Bid Signatory (ies)}# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
(Common Seal).…………..........................................
Part 1 - Bidding Procedures and Requirements 122

Form 21
(Appendix to Technical Part of the Bid)

Format of Integrity Pact


INTEGRITY PACT

PRE-CONTRACT INTEGRITY PACT


GENERAL

This pre-bid contract Agreement (herein after called the Integrity Pact) is made on________
day of the month of_________ 20… , between, on one hand, the DISCOM Acting through
Shri……………………., Designation of the officer, (hereinafter called the "DISCOM”,
which expression shall mean and include, unless the context otherwise requires, his
successors in the office and assigns) of the First Part and M/s.__________________
represented by Shri _________________ (hereinafter called the "BIDDER/SUPPLIER”,
which expression shall mean and include, unless the context otherwise requires, his
successors and permitted assigns) of the Second Part.

WHEREAS the DISCOM propose to procure Plant and Installation Services as per the Scope
of Work Mentioned in the RFB document (hereinafter called the "Facilities”, against RFB
No. […..] for [Package Name/ Contract Title] which expression shall mean and include,
unless the context otherwise requires, any additions & deletions in the said "Facilities”) and
the BIDDER/ Supplier is willing to offer/has offered the said "Facilities”.

WHEREAS the BIDDER/ Supplier is a Private Company/Public Company/LLP/


Government Undertaking/ Partnership/Proprietorship, constituted in accordance with the
relevant law in the matter and the DISCOM is a Ministry /Department of the Government of
Arunachal Prdesh/SPSU performing its function on behalf of the Governer of Arunachal
Prdesh.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from
any influence/prejudiced dealings prior to, during and subsequent to the currency of the
Contract to be entered into with a view to:-

Enabling the DISCOM to obtain the desired "Facilities” at a competitive price in conformity
with the defined specifications by avoiding the high cost and the distortionary impact of
corruption on public procurement, and

Enabling BIDDER/ SUPPLIER to abstain from bribing or indulging in any corrupt practice
in order to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other practices and the DISCOM will commit to prevent corruption,
in any form, by its official by following transparent procedures.
Part 1 - Bidding Procedures and Requirements 123

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
Commitments of the DISCOM

1.
1.1. The DISCOM undertakes that no official of the DISCOM, connected directly or
indirectly with the contract, will demand, take a promise for or accept, directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any material
or immaterial benefit or any other advantage from the BIDDER/SUPPLIER, either
for themselves or for any person, organization or third party related to the contract in
exchange for an advantage in the bidding process, bid evaluation, contracting or
implementation process related to the contract.
1.2. The DISCOM will, during the pre-contract stage, treat all BIDDER/SUPPLIER
alike, and will provide to all BIDDER/SUPPLIER the same information and will not
provide any such information to any particular BIDDER/SUPPLIER which could
afford an advantage to that particular BIDDER/SUPPLIER in comparison to the
other BIDDER(S)/SUPPLIER(S).
1.3. All the officials of the DISCOM will report the appropriate Government office any
attempted or completed breaches of the above commitments as well as any
substantial suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by the
BIDDER/SUPPLIER to the DISCOM with the full and verifiable facts and the same is
prima facie found to be correct by the DISCOM necessary disciplinary proceedings, or
any other action as deemed fit, including criminal proceedings may be initiated by the
DISCOM and such a person shall be debarred from further dealings related to the
contract process. In such a case, while an enquiry is being conducted by the
DISCOM ,the proceedings under the contract would not be stalled.
Commitments of BIDDERs/SUPPLIERs

3. The BIDDER/SUPPLIER commits itself to take all measures necessary to prevent


corrupt practices, unfair means and illegal activities during any stage of its bid or during
any pre-contract or post-contract stage in order to secure the contract or in furtherance to
secure it and in particular commit itself to the following:-
3.1. The will not offer, directly or through intermediaries, any bribe, gift, consideration,
reward, favour, any material or immaterial benefit or other advantage, commission,
fees, brokerage or inducement to any official of the DISCOM , connected directly or
indirectly with the biding process, or to any person, organization or third party
related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.
Part 1 - Bidding Procedures and Requirements 124

3.2. The BIDDER/SUPPLIER further undertakes that it has not given, offered or
promised to give, directly or indirectly any bribe, gift, consideration, reward, favour,
any material or immaterial benefit or other advantage, commission, fees, brokerage,
or inducement to any official of the DISCOM or otherwise in procuring the Contract
of forbearing to do or having done any act in relation to the obtaining or execution of
the contract or any other contract with the Government for showing or forbearing to
show favour or disfavour to any person in relation to the contract or any other
contract with the Government.
3.3. The BIDDER/SUPPLIER shall disclose the name and address of agents and
representatives and Indian BIDDERSs shall disclose their foreign principals or
associates.
3.4. The BIDDER/SUPPLIER shall disclose the payments to be made by them to
agents/brokers or any other intermediary, in connection with this bid/contract.
3.5. The BIDDER/SUPPLIER further confirms and declares to the DISCOM that he
BIDDER/SUPPLIER is the original manufacture/Integrator/authorized government
sponsored export entity of the defence stores and has not engage any individual or
firm or company whether Indian or foreign to intercede, facilitate or in any way to
recommend to the DISCOM or any of its functionaries, whether officially or
unofficially to the award of the contract to the BIDDER/SUPPLIER, nor has any
amount been paid. Promised or intended to be paid to any such individual, firm or
company in respect of any such intercession, facilitation or recommendation.
3.6. The BIDDER/SUPPLIER, either while presenting the bid or during pre-contract
negotiations or before signing the contract, shall disclose any payment he has made,
is committed to or intends to make to officials of the DISCOM or their family
members, agents, brokers or any other intermediaries in connection with the contract
and the details of services agreed upon for such payments.
3.7. The BIDDER/SUPPLIER will not collude with other parties interested in the
contract to impair the transparency, fairness and progress of the bidding process, bid
evaluation, contracting and implementation of the contract.
3.8. The BIDDER/SUPPLIER will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
3.9. The BIDDER/SUPPLIER shall not use improperly, for purpose of competition or
personal gain, or pass on to others, any information provided by the DISCOM as part
of the business relationship, regarding plans, technical proposal and business details,
including information contained in any electronic data carrier. The
BIDDER/SUPPLIER also undertakes to exercise due and adequate care lest any such
information is divulged.
3.10. The BIDDER/SUPPLIER commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.
3.11. The BIDDER/SUPPLIER shall not instigate or cause to instigate any third person to
commit any of the actions mentioned above.
3.12. If the BIDDER/SUPPLIER or any employee of the BIDDER/SUPPLIER or any
person acting on behalf of the BIDDER/SUPPLIER, either directly or indirectly, is a
Part 1 - Bidding Procedures and Requirements 125

relative of any of the officers of the DISCOM , or alternatively, if any relatives of an


officer of the DISCOM had financial interest/stake in the BIDDER’s/SUPPLIER’s
firm, the same shall be disclosed by the BIDDER/SUPPLIER at the time of filling of
tender.

The term ‘relative’ for this purpose would be as defined in Section 6 of the
Companies Act 1956.

3.13. The BIDDER/SUPPLIER shall not lend to or borrow any money from or enter into
any monetary dealings or transactions, directly or indirectly, with any employee of
the DISCOM

4. Previous Transgression
4.1. The BIDDER/SUPPLIER declares that no previous transgression occurred in the last
three years immediately before signing of this Integrity Pact with any other company
in any country in respect of any corrupt practices envisaged hereunder or with any
Public Sector Enterprise in India or any Government Department in India that could
justify B1DDER's/SUPPLIER’s exclusion from the tender process.
4.2. The BIDDER/SUPPLIER agrees that if it makes incorrect statement on this subject,
BIDDER can be disqualified from the tender process or the contract, if already
awarded, can be terminated for such reason.

5. Earnest Money (Security Deposit) (If applicable as per ITB Clause 18)
5.1. While submitting commercial bid, the BIDDER/SUPPLIER deposit an amount
_________ (as specified in TENDER) as Earnest Money/Security, Deposit, with the
DISCOM through any of the following instruments:
5.1.1. Bank Draft or a Pay Order in favour of ‘DISCOM’ payable at XXXXX
5.1.2. A confirmed guarantee by an Indian Nationalised Bank, promising payment of
the guaranteed sum to the DISCOM on demand within three working days
without any demur whatsoever and without seeking any reasons whatsoever.
The demand for payment by the DISCOM shall be treated as conclusive proof of
payment.
5.1.3. Any other mode or through any other instrument (to be specified in the
TENDER.
5.2. The Earnest Money/ Security Deposit shall be valid as per terms of TENDER.
5.3. In the case of successful BIDDER/SUPPLIER, a clause would also be incorporated
in the Article pertaining to Performance Bond in theprocurement Contract that the
provisions of Sanctions for violation shall be applicable for forfeiture of Performance
Bond in case of a decision by the DISCOM to forfeit the same without assigning any
reason for imposing sanction for violation of this Pact.
5.4. No interest shall be payable by the DISCOM to the BIDDER/SUPPLIER on Earnest
Money/Security Deposit for the period of its currency.

6. Sanctions for Violations


Part 1 - Bidding Procedures and Requirements 126

6.1. Any breach of the aforesaid provisions by the BIDDER/SUPPLIER or any one
employed by it or acting on its behalf (whether with or without the knowledge of the
BIDDER/SUPPLIER/SUPPLIER) shall entitle the DISCOM to take all or any one of
the following actions, wherever required:-
6.1.1. To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to the BIDDER/SUPPLIER. However, the
proceedings with the other BIDDER(s) would continue.
6.1.2. The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand forfeited
either fully or partially, as decided by the DISCOM and the DISCOM shall not
be required to assign any reason therefore.
6.1.3. To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
6.1.4. To recover all sums already paid by the DISCOM, and in case of the Indian
BIDDER/SUPPLIER with interest thereon at 2% higher than the prevailing
Prime Lending Rate of State of India, while in case of a BIDDER/SUPPLIER
from a country other than India with Interest thereon at 2% higher than the
LIBOR. If any outstanding payment is due to the BIDDER from the DISCOM in
connection with any other contract for any other stores, such outstanding
payment could also be utilized to recover the aforesaid sum and interest
6.1.5. To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER/SUPPLIER, in order to recover the payments, already
made by the DISCOM, along with interest.
6.1.6. To cancel all or any other contracts with the BIDDER/SUPPLIER. The
BIDDER shall be liable to pay compensation for any loss or damage to the
DISCOM resulting from such cancellation/rescission and the DISCOM
/PRINCIPAL shall be entitled to deduct the amount so payable from the
money(s) due to the BIDDER/SUPPLIER.
6.1.7. To debar the BIDDER/SUPPLIER from participating in future bidding
processes of the Government of India DISCOM PRINCIPAL for a minimum
period of five years, which may be further extended at the discretion of the
DISCOM.
6.1.8. To recover all sums paid in violation of this Pact by BIDDER/SUPPLIER (s) to
any middlemen or agent or broken with a view to securing the contract.
6.1.9. In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the DISCOM with the BIDDER/SUPPLIER, the same
shall not be opened.
6.1.10. Forfeiture of performance Bond in case of a decision by the DISCOM to
forfeit the same without assigning any reason for imposing for sanction for
violation of this pact.
6.2. The DISCOM will be entitled to take all or any of the actions mentioned at para 6.1
(i) to (x) of this Pact also on the Commission by the BIDDER/SUPPLIER or any one
employed by it or acting on its behalf (whether with or without the knowledge of the
Part 1 - Bidding Procedures and Requirements 127

BIDDER/SUPPLIER), of an offence as defined in Chapter IX of the Indian Penal


code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption.
6.3. The decision of the DISCOM to the effect that a breach of the provisions of this pact
has been committed by the BIDDER/SUPPLIER shall be final and conclusive on the
BIDDER/SUPPLIER. However, the BIDDER/SUPPLIER can approach the
Independent Monitor(s) appointed for the purposes of this Pact.

7. deleted
7.1. deleted

8. Independent Monitors
8.1. The DISCOM has appointed Independent Monitors (hereinafter referred to as
Monitors) for this Pact in consultation with the Central Vigilance Commission
(Names and Addresses of the Monitors shall be published subsequently by DISCOM
8.2. The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
8.3. The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.
8.4. Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement, including minutes of meetings.
8.5. As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Authority designated by the DISCOM.
8.6. The BIDDER/SUPPLIER(s) accepts that the Monitors has the right to access without
restriction to all project documentation of the DISCOM including that provided by
the BIDDER/SUPPLIER. The BIDDER/SUPPLIER will also grant the Monitor,
upon his request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation. The same is applicable to Subcontractors. The
Monitor shall be under contractual obligation to treat the information and documents
of the BIDDER/SUPPLIER/Subcontractors(s) with confidentially.
8.7. The BUYER will provide to the Monitors sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact
on the contractual relations between the parties. The parties will offer to the monitor
the option to participate in such meetings.
8.8. The Monitor will submit a written report to the designated Authority of DISCOM
/Secretary in the Department/ within 8 to 10 weeks from the date of reference or
intimation to him by the DISCOM /BIDDER/SUPPLIER and, should the occasion
arise, submit proposals for correcting problematic situations.

9. Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of
commission, the DISCOM or its agencies shall be entitled to examine all the documents
including the Books of Accounts of the BIDDER/SUPPLIER and the BIDDER/SUPPLIER
Part 1 - Bidding Procedures and Requirements 128

shall provide necessary information and documents in English and shall extend all possible
help for the purpose of such examination.

10. Law and Place of Jurisdiction


This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of
the DISCOM.

11. Other Legal Actions


The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the any extent law in force relating to
any civil or criminal proceedings.

12. Validity
12.1. The validity of this Integrity Pact shall be from the date of its signing and extend up
to 5 years or the complete execution of the contract to the satisfaction of both the
DISCOM and the BIDDER/SUPPLIER, including warranty period, whichever is
later. In case BIDDER/SUPPLIER is unsuccessful, this Integrity Pact shall expire
after six months from the date of the signing of the contract.
12.2. Should one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intentions.

13. The parties hereby sign this Integrity Pact at_________ on_________

Signed on ……………..(Insert the Date)

-------------------------------------------------------------------------------------

Signature (of Bidders’s authorized Bid Signatory)# {In full and initials}:

Full name: {insert full name of authorized Bid Signatory }


Title: {insert title/position of authorized Bid Signatory }
Name of Bidder (Sole Bidder’s name or Consortium/ JV’s name, if applicable):
Capacity: {insert the person’s capacity to sign for the Bidder}
Address: {insert the authorized Bid Signatory’s address}
Phone/fax: {insert the authorized Bid Signatory’s phone and fax number, if
applicable}
Email: {insert the authorized Bid Signatory’s email address}
#
{For a joint venture, either all members shall sign or only the authorised signatory
as per ITB 19.4, in which case the power of attorney to sign on behalf of all members
shall be attached}
Witness
1.____________________________
Part 1 - Bidding Procedures and Requirements 129

2. ____________________________

[UTILITY NAME]L
Name of the Officer
Designation
Deptt/MINISTRY/PSU

Witness
1.____________________________
2. ____________________________

* Provision of these clauses would need to be amended/deleted in line with the policy of the
[UTILITY NAME] in ¬regard to involvement of Indian agents of foreign supplies.
Part 1 – Bidding Proceduresand Requirements 130

Section - 5 : Bidding Forms - Financial Part of the Bid

INSTRUCTIONS TO BIDDERS: The bidder must fill and submit the price schedules online as specified in BDS.

1. Illustration of Price schedule (Supply of plant):SAMPLE

DEVELOPMENT OF DISTRIBUTION INFRASTRUCTURE AT XXXX [ Name of the District]District of Arunachal Pradesh


UNDER REVAMPED REFORMS-BASED AND RESULTS-LINKED, DISTRIBUTION SECTOR SCHEME
(Schedule of rates and prices)
Ex-works supply of
materials

Bidder's Name &


Address:
All prices in
Indian Rupees
A. Name of Work
Line Description of Unit Quantity Unit Total Unit Price for Total Price for GST GST Total
Item Goods Ex- Ex- inland inland payable payable Price
No. works works transportation transportation on the on the per
price price and other and other price price line
services services quoted quoted if item
required in required in if Contract
India to India to Contract is
convey the convey the is awarded
Goods to their Goods to their awarded (Amount
final final (%) )
destination destination
Part 1 - Bidding Procedures and Requirements 131

1.00 Item no. 1


1.01 1….. No
1.02 2….. No
1.03 3….. No
1.04 4…… No

Similarly for every work, similar separate formats are provided in the Price Bid Schedules.
Part 1 - Bidding Procedures and Requirements 132

2. Illustration of Price schedule (Supply of installation services):

DEVELOPMENT OF DISTRIBUTION INFRASTRUCTURE AT XXXX [ Name of the District] District of Arunachal Pradesh
UNDER REVAMPED REFORMS-BASED AND RESULTS-LINKED,
(Schedule of rates and prices)

Bidder's Name & Address:

Installation / Erection Charges :


All prices
in Indian
Rupees
G HIGH VOLTAGE
DISTRIBUTION SYSTEM
(HVDS)
Servic Description of Related Services Unit Quantity Unit price GST payable on GST payable on Total
e No. (excludes inland transportation the price quoted the price quoted if Price per
and other services required in if Contract is Contract is line item
India to convey the goods to their awarded (%) awarded (Amount)
final destination)
1 2 3 4 5 6 7 8
1.00 Item no. 1
1.01 1….. No
1.02 2….. No
1.03 3….. No
Part 1 - Bidding Procedures and Requirements 133

3. Illustration of Price schedule (Grand Summary):

Schedule-3
DEVELOPMENT OF DISTRIBUTION INFRASTRUCTURE AT XXXX [ Name of the District] District of Arunachal
Pradesh UNDER REVAMPED REFORMS-BASED AND RESULTS-LINKED,
(GRAND SUMMARY)

Bidder's Name and Address:

Sl. No. Description Total Price (Rs.)

1 TOTAL SCHEDULE NO. 1


Plant and Equipment
2 TOTAL SCHEDULE NO. 2
Installation / Erection Charges
3 TOTAL [1+2]

4 Discount offerred by Bidder(If any)

5 Schedule No 3: GRAND TOTAL [3 - 4]

Date: Signature:

Place: Printed Name:

Designation:

Common Seal:

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