Part-1 RFB (Sample Format)
Part-1 RFB (Sample Format)
Part-1 RFB (Sample Format)
FOR
Full Turnkey Contract
(Design, Supply and Installation)
Department of Power
Govt. of Arunachal Pradesh
Key Dates
Date of Release of RFB/ NIT [ Fill in the details …. e.g. 01 July 2022]
st
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Tender Disclaimer
To be provided by Utility
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Summary and Table of Contents 1
SUMMARY
PART I – BIDDING PROCEDURES AND REQUIREMENTS
PART2–EMPLOYER’S REQUIREMENTS
Table of Contents
4. Conflict of Interest...........................................................................................................24
6. Bidding Process Management, Clarification of the Bidding Document, Site Visit and
Pre-Bid Meeting.......................................................................................................................26
8. Cost of Bidding................................................................................................................28
9. Language of Bid..............................................................................................................28
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
25. Confidentiality.................................................................................................................40
35. Preference........................................................................................................................45
39. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids............................46
Department of Power
Govt. of Arunachal Pradesh
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.
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.
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.
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.
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.
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
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;
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:
‘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.
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):
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:
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
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
2.2.1. 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
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.
2.2.8.3. 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.
2.2.8.5. 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
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
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
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
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
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
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
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
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.
(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.
5.33 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.
5.42 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.
5.46 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.
5.49 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.
5.55In 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.
5.61Bids 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.
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.
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.
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.
5.92 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.
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
34.7Having 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
34.14 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.
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 (m) Bidding/ Bids by/ from Joint Venture (JV) is “ Not permitted”.
ITB 6.2 A Bidder requiring any clarification of the bidding document may notify
Part 1 - Bidding Procedures and Requirements 50
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
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:
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
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.>
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
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.
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
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
Form 1
Letter of Bid – Technical Part
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]
1.0 We, the undersigned Bidder, hereby submit our Bid, in two parts, namely:
(a) the Technical Part, and
(b) the Financial Part.
(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
(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.
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}:
Form 2
(Appendix to Technical Part of the Bid)
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}:
Form 3A
(Appendix to Technical Part of the Bid)
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}:
#
{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)
{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.}
To:
[Utility]
[Address]
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.
Attested
……………………………. [Signature]
(Notary Public)
Place: …………………………. Date: …………………………….
Form 4
(Appendix to Technical Part of the Bid)
[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.]
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
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
_________________________________________________________________________
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)
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}:
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/- ]
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}
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),
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 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.
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}:
Form 7
(Appendix to Technical Part of the Bid)
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.
.............................................
.............................................
.............................................
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)
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.
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.
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.
Name ………………………..
Designation ………………….
(Signature of the authorized
Signature ……………………. representative)
WITNESS :
I. ………………………………
II. ………………………………
Signature …………………….
WITNESS :
I. ………………………………
II. ………………………………
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.
Form 9
(Appendix to Technical Part of the Bid)
Format for Details/ Data and Documentary Evidence in support of meeting the
Qualification Requirement
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}
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).
(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.]
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
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
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}:
Form 10
(Appendix to Technical Part of the Bid)
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}
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:
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}:
Form 11
(Appendix to Technical Part of the Bid)
(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
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.
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}:
#
{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)
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}
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:
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}:
Form 13
(Appendix to Technical Part of the Bid)
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 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:
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
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)
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 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}:
#
{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)
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}
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}:
Note: .
Part 1 - Bidding Procedures and Requirements 105
Form 16
(Appendix to Technical Part of the Bid)
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}
*** 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}:
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
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 have read the provisions in the Bidding Documents regarding the option for
advance payment. Accordingly, we hereby confirm to opt the following:
II. We are furnishing the following details of Statutory Registration Numbers and details of
Bank for electronic payment.
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.
Mobile(s):
Email Email ID :
Address of Branch:
Account No.:
Type of Account:
[ ] Saving
[ ] Current
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}:
Form 18
(Appendix to Technical Part of the Bid)
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}
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):
(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}:
Form 19
(Appendix to Technical Part of the Bid)
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}
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}:
Electrification works of XXXXXXXX (name of district)district in XXXXX (Name of State) under Revamped
Reforms-Based and Results-Linked, Distribution Sector Scheme (RDSS)
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
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)
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)
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):
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:
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):
Name of Banker
Address of Banker _____________________________
_____________________________
_____________________________
(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:
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.
4. Current Liability
5. Profit before taxes
6. Profit after taxes
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}:
Form 21
(Appendix to Technical Part of the Bid)
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”.
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
3.2. 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
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.
6.1. 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
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.
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_________
-------------------------------------------------------------------------------------
Signature (of Bidders’s authorized Bid Signatory)# {In full and initials}:
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
INSTRUCTIONS TO BIDDERS: The bidder must fill and submit the price schedules online as specified in BDS.
Similarly for every work, similar separate formats are provided in the Price Bid Schedules.
Part 1 - Bidding Procedures and Requirements 132
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)
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)
Date: Signature:
Designation:
Common Seal: