Selection of Consultant on Quality and Cost Based Selection [QCBS] ISSUED BY:

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1 Selection of Consultant on Quality and Cost Based Selection [QCBS] Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai- Unit 1&2 and Sikka Unit-1&2. Selection of Consultant on Quality and Cost Based Selection [QCBS] Tender No. GSECL/PP/PMI/120 MW Units/SC Units/ ISSUED BY: GUJARAT STATE ELECTRICITY CORPORATION LIMITED (GSECL) PLANNING & PROJECT DEPARTMENT, VIDYUT BHAVAN, RACE COURSE, VADODARA Gujarat, INDIA Ph. No : FAX No: cepnp.gsecl@gebmail.com;acep1.gsecl@gebmail.com;sepl.gsecl@gebmail.com Website: x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 1 of 55

2 Table of Contents Table of Contents Sub: Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. SECTION I: INVITATION FOR BIDS... 4 SECTION II: INSTRUCTIONS TO BIDDERS... 6 SECTION III: GENERAL CONDITIONS OF CONTRACT SECTION-IV TECHNICAL SPECIFICATION SECTION-V: BID SCHEDULES ANNEXURE-A : QCBS-TECHNICAL EVALUATION CRITERIA BID PARTICULARS Technical Bid Forwarding Letter Form 1: Firm s References Form 2: Proposed Staff Form 3 : Methodology Form 4 : Activity Schedule Form 5 : Team Form 6 : No Deviation certificate Form 7 : Authorisation Letter Form 8: Financial proposal Form 9: Price Schedule Form 10 : Consultant s Profile FORM 11: Certificate from Customers FORM 12: Approach & Work Plan FORM 13: Inputs required from GSECL Form 14: Declaration regarding non blacklisting of bidder with GSECL/ GUVNL Form 15: Check list Appendix A : EMD BG Appendix B: SD BG Appendix B1: Bank List Appendix C: Contract Agreement Appendix D: Site Details x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 2 of 55

3 SECTION I : INVITATION FOR BIDS Check List Of Documents Envelope I 1. Consultant s profile (Form 10) 2. Earnest Money Deposit (EMD) 3. Tender Fee 4. Pre-qualification Documents pursuant to Clause Authorization letter for signing of bid.(form7) Envelope II 1. Bid Particulars 2. Technical Bid Letter 3. Technical Proposal 4. Firm s Reference List (Form 1) 5. Curriculum Vitae for proposed professional staff (Form 2) 6. Methodology and Work Plan (Form 3) 7. Activity Schedule (Form 4) 8. Team Composition and Task Assignments (Form 5) 9. Tender document with amendments/clarification signed on each page 10. No deviation Certificate (Form 6) 11. Certificate from customers (Form 11) 12. Description of Approach & Methodology (Form 12) Envelope III 1. Financial proposal submission form (Form 8) 2. Price Schedule (Form 9) x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 3 of 55

4 SECTION I : INVITATION FOR BIDS SECTION I: INVITATION FOR BIDS Sub: Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit- 1&2. 1. This invitation of bids is for engagement of a Consultant for providing Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units of 660/ 800 MW in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. The details of site are as per Appendix D. 2. This Tender document can be downloaded from website / Tender fee and Earnest Money Deposit (EMD) shall be paid along with submission of tender documents. Bid will not be opened if Tender fee and EMD is not paid. 3. Bidders are advised to study the Tender Document carefully. Submission of bids shall be deemed to have been done after careful study and examination of the Tender Document with full understanding of its implications. 4. Sealed offers prepared in accordance with the procedure described in Clause 1 of Section II should be submitted to the Chief Engineer (P&P), Gujarat State Electricity Corporation Ltd, Planning & Project Department, Vidyut Bhavan, Race Course, VADODARA , Gujarat, super scribing the envelope with Tender No. and Description by RPAD /Speed Post only. NO COURIER SERVICE OR HAND DELIVERY shall be considered for submission of tenders. 5. The Tender comprises of two bid system - the Technical Bid and Price Bid. 6. The Bid Schedule shall be as under: Tender No. I. Tender Fees Amount (Non-Refundable) in the form of DD in favour of Gujarat State Electricity Corporation Ltd., Vadodara II. Estimated Cost of the Consultancy Services of said works III. Earnest Money Deposit a) in the form of DD in favour of Gujarat State Electricity Corporation Ltd., Vadodara OR b) In the form of Bank Guarantee as per Appendix-A GSECL/PP/PMI/120 MW Units/SC Units/ Rs Rs. 45 Lacs Rs. 45, x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 4 of 55

5 SECTION I : INVITATION FOR BIDS IV. Submission of Pre-bid queries 09/10/2015 V. Date of Pre-bid Meeting 13/10/2015 VI. Venue GSECL Corporate Office, Vadodara VII. Last Date of offer submission 27/10/2015 upto 16:30 Hrs. only VIII. Tentative date of opening of price bid Shall be intimated later IX. Time Limit for Work Completion 6 Months from the date of Acceptance of LoA X. Security Deposit 10% of order Value. Party should have to pay security deposit in the form of Bank Guarantee/ demand draft in favour of GSECL payable at Vadodara immediately on receipt of Letter from this office. Date of opening of financial bids shall be intimated separately to all the technically qualified bidders. Note: GSECL shall not be responsible for non-receipt/ non-delivery of the Bid documents due to any reason whatsoever. 7. No tender shall be accepted in any case after due date and time of receipt of tender irrespective of delay due to Postal services or any other reasons. 8. Any technical/commercial query pertaining to this tender should be addressed to Chief Engineer (P&P), Gujarat State Electricity Corporation Ltd, Planning & Project Department, Vidyut Bhavan, Race Course, VADODARA GSECL reserves tight to accept/reject any or all tenders without assigning any reason thereon. Yours faithfully, For and behalf of Gujarat State Electricity Corporation Ltd., Chief Engineer (P&P) GSECL, CO, Vadodara. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 5 of 55

6 SECTION II : INSTRUCTION TO BIDDERS SECTION II: INSTRUCTIONS TO BIDDERS Sub: Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit- 1&2. 1. Procedure for Submission of Bids 1.1 Two Cover System shall be adopted for this tender: a) Technical Bid (1 Original + 2 copies) in one cover. b) Price Bid (1 Original + 2 copies) in one cover. 1.2 Each copy of Technical Bid of the Tender should be covered in a separate sealed cover super scribing Technical bid (Techno-commercial bid) for Tender No. GSECL/PP/PMI/120 MW Units/SC Units/ Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2.. One copy should also be marked as "Original" and Others as "Copy 1" and Copy 2. All copies should be put in a single sealed cover super scribing Technical bid (Techno-commercial bid) for Tender No. GSECL/PP/PMI/120 MW Units/SC Units/ Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Please note that prices should not be indicated in the Technical Bid. 1.3 Each copy of Price Bid of the Tender should be covered in a separate sealed cover super scribing the "Price Bid for Tender No. GSECL/PP/PMI/120 MW Units/SC Units/ Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. One copy should also be marked as "Original", and others as" Copy 1" and Copy 2. All copies should be put in a single sealed cover super scribing "Price Bid for Tender No. GSECL/PP/PMI/120 MW Units/SC Units/ Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 6 of 55

7 SECTION II : INSTRUCTION TO BIDDERS 1.4 Tender fee and EMD shall be submitted in two separate sealed cover Super scribing "Tender Fee /EMD for Tender No. GSECL/PP/PMI/120 MW Units/SC Units/ Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. (Refer Clause 6(III) Section I). 1.5 The Technical Bid cover and Price Bid Cover, and EMD cover prepared as above, are to be kept in a single sealed cover super scribed with Tender Number, Due Date, Item and the wordings "DO NOT OPEN BEFORE " 1.6 The cover thus prepared should also indicate clearly the name and address of the Bidder, to enable the Bid to be returned unopened in case it is declared "Late". 1.7 Each copy of the Bids should be a complete document and should be bound as a volume. Different copies must be bound separately. 2. Cost of Tender 2.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, including cost of presentation for the purposes of clarification of the bid, if so desired by the GSECL. GSECL will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process. 3. Contents of the Tender Document 3.1 The broad specifications of the Scope of Work, Tender procedures and contract terms are prescribed in this Tender Document comprising of: (a) Section-I - Invitation for Bids (b) Section II - Instructions to Bidders; (c) Section III - General Conditions of Contract; (d) Section IV - Technical Specification (e) Section V Bid Schedules & Appendices 3.2 The bidder is expected to examine all instructions, forms, terms and requirements in the Tender Document. Failure to furnish all information required by the Tender Document or submission of a bid not substantially responsive to the Tender Document in every respect will be at the Bidder's risk and may result in the rejection of the bid. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 7 of 55

8 SECTION II : INSTRUCTION TO BIDDERS 4. Clarification of Tender Document 4.1 A prospective Bidder requiring any clarification on the Tender Document may notify the Owner in writing to Chief Engineer (P&P), Gujarat State Electricity Corporation Ltd, Planning & Project Department, Vidyut Bhavan, Race Course, VADODARA , Gujarat. The Owner shall furnish the clarifications, if any at the time of Pre-bid conference and shall also post clarification / Amendment required based on discussion in Pre-bid meeting on website. 4.2 The Pre-bid queries shall be in Excel form clearly indicating Section and Clause No. 5. Amendment of Tender Document 5.1 At any time prior to the last date for receipt of bids, the Owner, may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Tender Document by an amendment. 5.2 The amendment will be notified on GSECL web site and will be binding all bidders. Be in touch with our above Websites for any notices/ amendments/ clarifications etc. till finalization of bid. No separate notification will be issued for such notices / amendments / clarifications in the print media or individually In order to afford prospective Bidders reasonable time in which to take the amendment into account in preparing their bids, the Owner may, at its discretion, extend the last date for the receipt of Bids. 6. Language of Bids 6.1 The Bids prepared by the Bidder and documents relating to the bids exchanged by the Bidder and the Owner, shall be written in the English language, provided that any printed literature furnished by the Bidder may be written in another language so long as the same is accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern. 7. Documents Comprising the Bids The bids prepared by the Bidder shall comprise of the following components: 7 (a) (Envelope I) A letter in a separate sealed cover containing: 1. Consultant s profile (Form 10) 2. Earnest Money Deposit (EMD) x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 8 of 55

9 SECTION II : INSTRUCTION TO BIDDERS 3. Tender Fee 4. Pre-qualification Documents pursuant to Clause Authorization letter for signing of bid.(form7) 7 (b) (Envelope II): Technical Bid comprising of the following: 1. Bid Particulars 2. Technical Bid Letter 3. Technical Proposal Firm s Reference List (Form 1) Curriculum Vitae for proposed professional staff (Form 2) Methodology and Work Plan (Form 3) Activity Schedule (Form 4) Team Composition and Task Assignments (Form 5) 4. Tender document with amendments/clarification signed on each page as a token of acceptance. 5. No deviation Certificate (Form 6) 6. Certificate from customers (Form 11) 7. Description of Approach & Methodology (Form 12) 8. Undertaking regarding non-blacklisting of firm with GSECL (Form 14) 9. Check list (Form 15) 7 (c) (Envelope III) Price Bid comprising of the following : 1. Financial proposal submission form (Form 8) 2. Price Schedule (Form 9) 8. Bid Prices 8.1 Price shall be quoted in INR only. 8.2 Prices quoted must be firm and final and shall remain constant throughout the period of the contract and shall not be subject to any upward modifications, whatsoever. 9. TAXES AND DUTIES: 9.1 The price quoted shall be inclusive of all applicable taxes and duties. Service tax will be paid extra at the prevailing rate. 9.2 STATUTORY VARIATION IN TAXES & DUTIES. Statutory variations in the taxes shall be permitted as under: (A) Statutory variations during original contractual completion period : (i) If any increase takes place in taxes and duties, then GSECL shall admit the same on production of documentary evidences. (ii) If any decrease takes place in taxes and duties, the same shall be passed on to GSECL A/C. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 9 of 55

10 SECTION II : INSTRUCTION TO BIDDERS (B) Statutory variations beyond original contractual completion period : (i) If reasons for extension of contractual completion period is attributable solely to GSECL, the provisions of (A) (i) above shall apply. (ii) If any decrease takes place in taxes and duties, the same shall be passed on to GSECL A/C. 10. Discount The Bidders are advised not to indicate any separate discount. Discount, if any, should be merged with the quoted prices. Discount of any type, indicated separately, will not be taken into account for evaluation purpose. However, in the event of such an offer, without considering discount, is found to be the lowest, the Owner shall avail such discount at the time of award of contract. 11. Bidder The "Bidder" as used in the tender documents shall mean either a company Registered under the Indian Companies Act 1956 or a Consortium of Companies. The Bid shall be submitted by a duly Authorized Representative of the Company or Consortium of Companies as the case may be. A certificate of authority may be submitted along with the bid. 12. Earnest Money Deposit (EMD) 12.1 Pursuant to Clause 7(a) (2) of Section II, the Bidder shall furnish as part of its bid, EMD of the amount Rs.45,000/ The EMD is required to protect the Owner against the risk of Bidder's conduct which would warrant the security's forfeiture, pursuant to Clause The EMD shall be denominated in Indian Rupees, and shall be in the form of a Demand Draft /Bank guarantee issued by a Nationalized / Scheduled Bank, in the proforma provided at Appendix A in the Tender Document and shall be valid for 4 (four) months beyond the validity of the Bid Any bid without EMD in accordance with Clauses 12.1 and 12.3 of Section II will be rejected by the Owner as non-responsive Unsuccessful Bidder's EMD will be discharged/ returned as promptly as possible 12.6 The successful Bidder's EMD will be discharged upon the Bidder executing the Contract, pursuant to Clause 33 of section II and furnishing the security deposit, pursuant to Clause 34 of section II No interest will be payable by the Owner on the amount of the EMD The EMD may be forfeited: (a) if a Bidder withdraws its bid during the period of validity specified by the Bidder in the Bid. (b) in the case of a successful Bidder, if the Bidder fails; (i) to sign the Contract in accordance with Clause 33 ; or (ii) to furnish security deposit in accordance with Clause 34. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 10 of 55

11 SECTION II : INSTRUCTION TO BIDDERS 13. Period of Validity of Bids 13.1 Bids shall remain valid for 120 days after the date of opening of Price Bids prescribed by the Owner. A bid valid for a shorter period may be rejected by the Owner as non-responsive In exceptional circumstances, the Owner may solicit the Bidder's consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The validity of bid and EMD provided under Clause 12 shall be extended simultaneously. 14. Format and Signing of Bid 14.1 The Bidder shall prepare three copies of the Bid. One copy should be marked as "Original" and others as "Copy 1" and Copy 2 as appropriate in accordance with Clause 1 of Section II. In the event of any discrepancy between them, the original shall govern The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract in pursuant to Clause 11. All pages of the bid, tender documents / clarifications/ amendments shall be initialed by the person or persons signing the bid The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder in which case such corrections shall be initialed by the person or persons signing the bid. 15. Revelation of Prices 15.1 Prices in any form or by any reason before opening the Price Bid should not be revealed, failing which the offer shall be liable to be rejected. 16. Terms and Conditions of Tendering Firms 16.1 Printed terms and conditions of the Bidders will not be considered as forming part of their bids Bidder to furnish No Deviation Certificate as per Form Site Conditions 17.1 It will be imperative on each Bidder to fully acquaint himself with the site conditions and factors which would have any effect on the performance of the contract and/or the cost Bidder may visit at respective site if he so desires to make himself acquainted for site conditions with confirmation of his visit in advance from the site authorities which are in Appendix-D x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 11 of 55

12 SECTION II : INSTRUCTION TO BIDDERS 18. Pre-Qualification of Bidders 18.1 Pursuant to Clause 7(a) (4) of Section II, the Bidder should clearly indicate, giving explicit documentary evidence along with the letter of pre-qualification, in respect of the Services offered along with EMD of the prescribed amount and validity pursuant to Clause 12 of section II Minimum Qualification The Bidder must be either a company registered under the Indian Companies Act, 1956 or a Consortium of Companies. Bidder should have annual turnover of at least Rs 2.0 Crores during each of the three financial years ending Relevant proof in the form of audited annual report or balance sheet duly certified by Chartered Accountant certifying the turn over should be submitted. In case of Consortium, turnover of technical partner shall only be considered Offer of only those experienced & resourceful tenders will be consider for the technical bid evaluation who meet the following requirement : DPR has been prepared for coal based super critical thermal power project in India having generation capacity of 660 MW single unit or Above, and this project should have been synchronized with grid or completed or under construction stage : The financial closure is achieved of at least ONE supercritical Thermal power project in INDIA of generation capacity of 660 MW single unit or Above for which the bidder has prepared the DPR Bidder should submit the copies of the following documents in support of the above: i. In case of Registered companies, Memorandum of Association and Articles of Association along with commencement of business certificate; ii. In case of consortium, Memorandum of Understanding (MOU) between the companies iii. Service Tax Registration; iv. Permanent Account Number (PAN) allotted by the Income Tax Department v. Details of similar assignments. vi. Proof of Turnover vii. Provident Fund registration certificate The Bidder must have an understanding of (i) Technical aspects and economics of power generation, transmission and distribution x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 12 of 55

13 SECTION II : INSTRUCTION TO BIDDERS (ii) Knowledge of latest trends and technologies in the field of Power sector Bidders who can commit full time manpower on regular employment exclusively for the assignment of the GSECL will be eligible for consideration Where the bid is submitted by a consortium, the written consent of each member of the consortium to participate in the bid on the basis of joint and several liabilities to the GSECL for the performance of the services shall be provided along with the bid The key professional staff proposed must be regular employees of the firm(s) The consultancy work shall be carried out through own organization only. The sub contract will not be permitted. If the work execution will be found to carry out through Sub contractor, GSECL reserves right to terminate the contract. 19. Sealing and Marking of Bids 19.1 The Bidders shall seal and mark the original and each copy of the Bid strictly in accordance with Clause 1 of section II If the outer cover of the bid is not sealed and marked as required by Clause 1 of section II, the Owner will assume no responsibility for the bid's misplacement or premature opening. 20. Last Date for Receipt of Bids 20.1 Bids must be received by the Owner at the address specified in Section I not later than the time and date specified in Section I. In the event of the specified date for the receipt of Bids being declared a holiday for the Owner, the Bids will be received up to the appointed time on the next working day The Owner may, at its discretion, extend the last date for the receipt of bids by amending the Tender Document in accordance with Clause 5, in which case all rights and obligations of the Owner and Bidders previously subject to the last date will thereafter be subject to the last date as extended. 21. Late Bids 21.1 Any bid received by the Owner after the appointed time on the last date for receipt of bids prescribed by the Owner, pursuant to Clause 6 Section I, will be rejected and/or returned unopened to the Bidder. 22. Modification and Withdrawal of Bids The Bidder may modify or withdraw its bid after the bid's submission, provided that written notice of the modification or withdrawal is received by the Owner x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 13 of 55

14 SECTION II : INSTRUCTION TO BIDDERS prior to the last date prescribed for receipt of bids. 23. Address for Correspondence The Bidder shall designate the official mailing address, place and fax number to which all correspondence shall be sent by the Owner. 24. Opening of Bids by Owner 24.1 On the basis of information given in the letter of pre-qualification, as mentioned at Clause 18, Bidders will be pre-qualified Price Bids of only technically qualified Bidders who scores 70 marks or above will be opened as QCBS Clause No.28 of section II The Owner will open the Bids, in the presence of the representatives of the Bidders who choose to attend, at the time and date, as mentioned in Section I of this Document. 25. Clarifications. When deemed necessary, the Owner may seek clarifications on any aspect from the Bidder. However, that would not entitle the Bidder to change or cause any change in the substance of the tender submitted or price quoted. 26. Preliminary Examination 26.1 The Owner will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required bid security has been furnished, whether the documents have been properly signed, and whether the bids are generally in order Arithmetical errors will be rectified on the following basis: a) If there is a discrepancy between the prices indicated at different places in the bid, the prices most advantageous to the Owner shall be considered. b) If there is a discrepancy between price obtained by multiplying the unit price and quantity and the quoted total price then lower of the two shall be considered for bid evaluation and placement of order. c) If there is a discrepancy between words and figures, the amount in words will prevail. d) If there is a discrepancy in the prices quoted between original price bid and copies, the price quoted in original price bid shall be considered A bid determined as not substantially responsive will be rejected by the Owner x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 14 of 55

15 SECTION II : INSTRUCTION TO BIDDERS and may not subsequently be made responsive by the Bidder by correction of the non-conformity The Owner may waive any minor informality or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder. 27. Contacting the Owner 27.1 No Bidder shall contact the Owner on any matter relating to its bid, from the time of the bid opening to the time the Contract is awarded Any effort by a Bidder to influence the Owner s bid evaluation, bid comparison or contract award decisions may result in the rejection of the bid. 28 Evaluation Criteria 28.1 Only those firms which satisfy all the conditions for pre-qualification of bidders (Clause 18.2 of Section II) shall be considered for technical evaluation The method of selection is: QCBS (Quality & Cost Based Selection) Technical Evaluation (i) (ii) The Technical evaluation will be done on the basis of the Quality & Cost Based Selection (QCBS) criteria with maximum marks of 100. The weightage for each factor of the criteria shall be as per Annexure-A Committee consisting of ED, CE (P&P), & Sr. CGM (F&A) shall assign scores against bid. (iii) The minimum qualifying total score, for the technical bid shall be Financial bids of only those bidders will be opened whose QCBS score is 70 or above in technical bids. The bidders whose offers have been selected after technical evaluation shall be informed separately. Such selected bidders may attend the opening of financial bids Financial Evaluation (i) (ii) The financial proposals of the technically qualified bidders will be opened in presence of those bidders or their representatives whose bids are short listed for financial evaluation. The proposal with lowest evaluated cost will be given a financial score of 100 and other proposals given financial scores that are inversely proportional to their prices with respect to lowest (L1) price. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 15 of 55

16 SECTION II : INSTRUCTION TO BIDDERS 28.6 Evaluation of financial bids will lead to selection of consultant after adding of scores in technical and financial proposals with respective weight-ages, which shall be 0.7 for technical bid and 0.3 for financial bid Ranking of the firms shall be done on the basis of combined score in accordance with clause 28.4 above separate for each location. 29. Award Criteria Subject to Clause 28, the Owner will award the Contract to the successful Bidder with highest score for respective site provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. Owner may award separate order for different sites or may award order to single bidder as per evaluation. The bidder should not be put on holiday or blacklisted/banned by GSECL / GUVNL in past for assignment in projects. In this regard, the bidder shall submit undertaking as per Form 14 on non judicial stamp paper of one hundred Rupees. If the documents were issued inadvertently/downloaded from website, offers submitted by such bidders shall not be considered for opening/evaluation/award. If the bidder does not disclose and submit the bid & happen to be successful bidder and order is also placed and at a later date GSECL comes to know the fact, the order is liable to be cancelled without any further payment even for the work done and if any payment is paid, EMD/SD shall be forfeited. This applies even if the bidder companies name is changed and such blacklisting/ ban was put up for their earlier name. 30. Owner's Right to Vary Scope of Contract 30.1 The Owner may at any time, by a written order given to the contractor pursuant to Clause 4 of Section IV make changes within the general scope of the Contract If any such change causes an increase or decrease in the cost of, or the time required for, the contractor s performance of any part of the work under the Contract, whether changed or not changed by the order, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. 31. Owner's Right to Accept Any Bid and to Reject Any or All Bids 31.1 The Owner reserves the right to accept any bid, and to annul the Tender process and reject all bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Owner's action Bids that are not accompanied with Earnest Money Deposit (EMD) and Tender fees x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 16 of 55

17 SECTION II : INSTRUCTION TO BIDDERS shall be rejected outright. 32. Notification of Award 32.1 Prior to the expiry of the period of bid validity, the Owner will issue Letter of Intent (LOI) to the successful Bidder that its bid has been accepted. Successful bid will submit acceptance of LOI and submission of Security Deposit within 10 days Upon the successful Bidder's furnishing of performance security pursuant to Clause 34, the owner will issue Detailed Order. 33. Signing of Contract 33.1 Within 10 days of receipt of the Detailed order, the successful Bidder shall sign and the Contract Agreement as per Clause 19 of Section-III and return it to the Owner. 34. Performance Security 34.1 Within 10 days of the receipt of Letter of Intent from the Owner, the successful Bidder shall furnish the Security Deposit as per Appendix B Failure of the successful Bidder to comply with the requirement of Clause 33 or Clause 34 shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD. 35. COMPLETION PERIODS: The entire work as per scope shall be completed within 6 months. The preparation of draft / final feasibility report & draft / final detailed project report shall be commence as per the instruction of owner where in owner may specify the last date of submission of respective reports. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 17 of 55

18 SECTION III : GENERAL CONDITIONS OF CONTRACT SECTION III: GENERAL CONDITIONS OF CONTRACT Sub: Consultancy service for feasibility study and preparation of Detailed Project Report (DPR) to establish supercritical units in place of existing units of 2 x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) (b) (c) (d) (f) (g) (h) The Owner means the Gujarat State Electricity Corporation Ltd. (GSECL). "Purchase Officer" means the officer signing the acceptance of tender and includes any officer who has authority to execute the relevant contract on behalf of the Owner. The "Contract" means the agreement entered into between the Owner and the Contractor as recorded in the Contract Form signed by the Owner and the Contractor, including all attachments and annexes thereto and all documents incorporated by reference therein. The "Contractor" or Consultant means the company or the consortium of companies selected through tendering process and shall be deemed to include the Contractor's successors, representatives (approved by the Owner), heirs, executors, administrators and permitted assigns, as the case may be, unless excluded by the terms of the contract. "The Contract Price" means the price payable to the Contractor under the Contract for the full and proper performance of its contractual obligations. "Service" means services to be provided by the Contractor as per the requirements specified in Section IV of this document and any other incidental services, such as setting up of necessary infrastructure, implementation, provision of technical assistance, training and other such obligations of the Contractor covered under the Contract. "Acceptance of Tender" means the letter/telex/telegram/ fax or any memorandum communicating to the Bidder the acceptance of his tender and includes an advance acceptance of his tender. 2. Application These General Conditions shall apply to the extent that provisions in other parts of the Contract do not supersede them. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 18 of 55

19 SECTION III : GENERAL CONDITIONS OF CONTRACT 3. Standards of Performance The Contractor shall perform the Services and carry out its obligations under the Contract with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional engineering and consulting standards recognized by international professional bodies and shall observe sound management, engineering practices. It shall employ prudent technical and engineering practices. It shall employ advanced technology and methods. The Contractor shall always act, in respect of any matter relating to this Contract, as faithful advisors to the Owner and shall, at all times, support and safeguard the Owner's legitimate interests in any dealings with Third Parties. 4. Use of Contract Documents and Information 4.1 The Contractor shall not, without the Owner's prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the Owner in connection therewith, to any person other than a person employed by the Contractor in the Performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far, as may be necessary for purposes of such performance. 4.2 The Contractor shall not, without the Owner's prior written consent, make use of any document or information except for purposes of performing the Contract. 4.3 Any document, other than the Contract itself, shall remain the property of the Owner and shall be returned (in all copies) to the owner on completion of the Contractor's performance under the Contract, if so required by the Owner. 5. Security Deposit 5.1 Within 10 days after the receipt of Letter of Intent from the owner, the successful Bidder shall furnish Security Deposit to the Owner, which shall be equal to 10% of the value of the Contract and shall be in the form of a Demand Draft or Bank Guarantee from a Nationalized / Scheduled Bank as per Appendix-B1 and Proforma given at Appendix B. 5.2 The Security Deposit shall be deemed to govern the following guarantees from the successful Bidder, in addition to other provisions of the guarantee: To fulfill the conditions of work contract. The Security Deposit is intended to secure the performance of the entire x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 19 of 55

20 SECTION III : GENERAL CONDITIONS OF CONTRACT consultancy services. However, it is not to be construed as limiting the damages stipulated in any other clauses. 5.3 Security Deposit shall be valid up to 6 months from the date of completion of Consultancy Services. However, owner may release Security Deposit upon successful completion of work. 2.4 If by any reason the contract period is extended, bidder shall undertake to renew the Bank Guarantee at least one month before the expiry of the validity, failing which GSECL will be at liberty to encash the same. 2.5 If contract value is increased due to any reason, the contractor shall either submit additional BG or to amend the old BG to have total BG value equivalent to 10% of final contract value. 2.6 Security Deposit cum PBG will be returned upon successful completion of work. 6 Work Schedule & Monitoring 6.1 The Bidder shall plan various activities and submit the execution schedule and bar chart along with signing of the contract. The execution schedule should clearly indicate all activities and the time required for completion of each activity taking the total completion time. Parallel and dependent activities for each activity need to be specified in the schedule. 6.2 This will form the basis for Monitoring of execution of work and any delay/slippage from the schedule will be reviewed by bidder so as to complete the work as per the schedule. 6.3 Having selected Consultant, amongst other things, on the basis of an evaluation of the proposed key professional staff, the GSECL shall award a contract on the basis of the staff named in the proposal. The GSECL will not consider substitutions during the contract period except in cases of genuine hardship subject to the satisfaction of the GSECL. 7 Currency of Payment Payment shall be made in Indian Rupees only. 8 Change Orders 8.1 The Owner may at any time, by a written order given to the Contractor pursuant to Clause 32 of Section II, make changes within the general scope of the Contract. 8.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Contractor s performance of any part of the work under the Contract, whether changed or not changed by the order, an equitable adjustment x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 20 of 55

21 SECTION III : GENERAL CONDITIONS OF CONTRACT shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. 9 Contract Amendments No variation in or modification of the terms of the Contract shall be made except by written amendment signed by both the parties i.e. the Contractor and the Owner. 10 Assignment The Bidder shall not assign or sub contract, in whole or in part, its obligations to perform under the Contract to any other agency. 11. Terms of Payment 11.1 The payment to the contractor shall be made as under for each project site separately: Sr. No. (a) (b) (C) (d) (e) % of Quoted Lumpsum Price 25 % of Lump sum Price 20 % of Lump sum Price 25% of lump sum price 20 % of Lump sum Price 10% of Lump sum Price TOTAL 100% 11.2 No Advance payment will be made Payment will be made only after submission of Pre receipted bills in triplicate by the Contractor. 12. Delays in the Contractor s Performance Project wise Milestones On acceptance of draft feasibility report. On acceptance of final feasibility report On acceptance of draft Detailed Project Report On receipt of final Detailed Project Report Shall be paid on completion of 2 months from the date of receipt of final DPR and acceptance of same by GSECL An unexcused delay by the Contractor in the performance of its Contract obligations shall render the Contractor liable to any or all of the following: (i) (ii) (iii) forfeiture of its Security Deposit imposition of Penalty Termination of the Contract for default. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 21 of 55

22 SECTION III : GENERAL CONDITIONS OF CONTRACT 12.2 If at any time during performance of the Contract, the Contractor should encounter conditions impeding timely completion of the services under the contract and performance of the services, the Contractor shall promptly notify the Owner in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable, after receipt of the Contractor s notice, the Owner shall evaluate the situation and may at its discretion extend the Contract time for performance, in which case the extension shall be ratified by the parties by amendment of the Contract Penalty Any delay that may take place in Consultancy service for subject work beyond contractual cutoff date/ stipulated period in the order shall be subjected to penalty (not liquidated damages) at the rate of ½ % of the contract price/order price per week or part thereof subject to a maximum of 10% of the total contract value/order value (i.e. End cost including taxes & duties). 13. Termination for Default (i) Suspension: GSECL may by written notice of suspension to the Bidder, suspend all payments to the Bidder hereunder if the Bidder fails to perform any of their obligations under this contract, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Bidder to remedy such failure within a period not exceeding thirty (30) days after receipt by the Bidder of such notice of suspension. (ii)termination: (A)Termination by GSECL: GSECL reserves its right to terminate the contract in full or in part and at any time by giving a written notice of 30 days. In case, GSECL terminate the contract by issuing written notice, the consultant shall be paid for the actual work done till the date of notice, and the payment shall be calculated on prorate basis for the actual work done. Consultant shall also be paid for the commitments related with this assignment which can not be terminated, on production of documentary evidences of such commitments. Upon receipt of the written notice, attempts to terminate all commitments and otherwise minimize all cost shall be made by the consultant. Above payment shall be subject to submission of all data, design, plans, specifications and other documents for the project up to the date of termination of contract, to GSECL. In case, the consultant terminate the contract by issuing a written notice or abnormally delays the works beyond scheduled time frame, GSECL reserves the right to get work done by another consultant. Any expense which may be incurred in excess of the sum which would have paid to the original consultant, x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 22 of 55

23 SECTION III : GENERAL CONDITIONS OF CONTRACT for completion of unexecuted works shall be deducted /recovered from any money due, to the original consultant, by GSECL. (a) (b) (c) (d) (B) GSECL may also terminate the Contract, by not less than thirty (30) days written notice of termination to the Bidder, to be given after the occurrence of any of the events specified in paragraphs (a) to (c) of this Clause and sixty (60) days in the case of the event referred to in (d). Bidder shall be paid as per provision indicated at (A) above. If the Bidder do not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days of receipt after being notified or within such further period as the Owner may have subsequently approved in writing. If the Bidder (or any of their Members) become insolvent or bankrupt. If the Bidder, in the judgment of the Owner has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this clause: corrupt practice means the offering, giving, receiving or soliciting of anything of monetary value or otherwise to influence the action of a public official in the selection process or in contract execution. On operation of any law / by law/rules under which the project is prejudicial to the interest of the GSECL. (2) Cessation of Rights and Obligations: Upon termination of this Contract or upon expiration of this Contract, all rights and obligations of the Parties hereunder shall cease, except: Such rights and obligations as may have accrued on the date of termination or expiration; The Bidder obligations to permit inspection, copying and auditing of their accounts and records and Any right which a Owner may have under the Applicable Law. (3) Disputes in the Events of Termination: If either Party disputes whether an event specified in paragraphs (a) to (d) of (1) here off has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause No. 27 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award. 14. Force Majeure 14.1 Notwithstanding the provisions of Clause 12, the Contractor shall not be liable for forfeiture of its performance security, or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure For Purposes of this Clause, Force Majeure means an event beyond the control of x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 23 of 55

24 SECTION III : GENERAL CONDITIONS OF CONTRACT the Contractor and not involving the Contractor s fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the owner either in its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes If a force Majeure situation arises, the Contractor shall promptly notify the Owner in writing of such conditions and the cause thereof. Unless otherwise directed by the Owner in writing, the Contractor shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all prevented by the Force Majeure event. 15. Termination for Insolvency The owner may at any time terminate the Contract by giving written notice to the Contractor, without compensation to the Contractor, if the Contractor becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the owner. 16. Arbitration All questions, disputes, differences, whatsoever, which may at any time arise between the parties to this contract in connection with the contract or any matter arising out of or in relation thereto, shall be in first instance resolved through discussions or mediation and if not resolved, referred to the Sole Arbitrator as per provision of Indian Arbitration to conciliation Act 1996 as updated from time to time. 17. Governing Language. The Agreement shall be written in English language. All correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in English language. 18. Applicable Law The contract shall be interpreted in accordance with the Indian laws. 19. Contract Agreement: As per the GSECL's rules, Bidder shall enter into an agreement with the GSECL. This agreement shall be on stamp paper of Rs. 100/- and shall be signed within one week of receipt of the order. The agreement shall be signed by the Bidder or his authorized representative and GSECL affixing seal of the Bidder and GSECL. The cost of stamp fee shall be borne by the Bidder. The contract shall comprise of the tender with the detailed scope of work, schedules, bidder's offer, all correspondence done till issue of detailed order and acceptance of Bidder thereof. 20. Jurisdiction: All questions, disputes or differences arising out of or in connection with the tender/contract if concluded shall be subject to the exclusive jurisdiction of the court x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 24 of 55

25 SECTION III : GENERAL CONDITIONS OF CONTRACT under whose jurisdiction the place from which the tender/ acceptance of tender is issued/ is situated i.e. Vadodara,Gujarat (India). 21 Settlement of Disputes: (a) Amicable Settlement: The Parties to this agreement shall use their best efforts to settle all disputes arising out of or in connection with this Contract or the interpretation thereof amicably through conciliations. (b) Dispute Settlement: Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably by conciliations within thirty (30) days after receipt by one Party of the other Party's request for such amicable settlement may be submitted by either Party for settlement in accordance with the decision of MD, GSECL. x 120 MW Units each at Gandhinagar-Unit 1&2, Ukai-Unit 1&2 and Sikka Unit-1&2. Page 25 of 55