Government of Tamil Nadu

Transcription

1 Government of Tamil Nadu Tender for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based SPV Home Lighting Systems in 78,372 Houses in Tamil Nadu under Chief Minister s Solar Powered Green House Scheme International Competitive Bidding (ICB) Tender Reference: TEDA/1016A/SHLS-CFL/Schemes/ Advertised on Tender Details Tamil Nadu Energy Development Agency V Floor, EVK Sampath Maaligai 68 College Road Chennai (INDIA) Phone: / Fax: tender@teda.in Website: TEDA, Chennai Page 1/107 Bidder s Signature & Stamp

2 TEDA, Chennai Page 2/107 Bidder s Signature & Stamp

3 CONTENT OF THE BID DOCUMENT SECTION A TENDER ELIGIBILITY & INSTRUCTIONS SECTION B BID SUBMISSION & EVALUATION SECTION-C AWARD & EXECUTION SECTION-D TECHNICAL SPECIFICATIONS SECTION-E FORMAT S & ANNEXURES TEDA, Chennai Page 3/107 Bidder s Signature & Stamp

4 TEDA, Chennai Page 4/107 Bidder s Signature & Stamp

5 Sl. No SECTION-A TENDER ELIGIBILITY & INSTRUCTIONS 1. Introduction 2. Tender Data Sheet 3. Tender Cost and EMD 3.1 Cost of Bidding 3.2 Tender Document Fee Description 3.3 Earnest Money Deposit (EMD) 4. Tender Eligibility Criteria 5. Instructions to the Bidder 5.1 General Instructions 5.2 Language of the Bids 5.3 Bid Currency 5.4 Clarifications and Amendments 5.5 Contacting Tender Inviting Authority 5.6 Force Majeure 5.7 Arbitration Page No TEDA, Chennai Page 5/107 Bidder s Signature & Stamp

6 SECTION B BID SUBMISSION AND EVALUATION 6. BIDS PREPARATION 6.1 Letter of Authorization Submission of Test Certificates/ Reports and Samples BID SUBMISSION 7.1 Techno Commercial Bid (Envelope-A) Details to be furnished in the Techno Commercial Bid Signing the Techno Commercial Bid Sealing the Techno Commercial Bid 7.2 Price Bid (Envelope-B) Details to be furnished Signing the Price Bid Sealing the Price Bid TEDA, Chennai Page 6/107 Bidder s Signature & Stamp

7 7.3 Outer Cover Mode of submission of Bids Modification and withdrawal of Bid BID OPENING Techno Commercial Bid Opening Tender Validity Initial Scrutiny Clarifications by TEDA Price Bid Opening BID EVALUTION Suppression of facts and misleading information Techno Commercial Bid Evaluation Price Bid Evaluation Award of Contract TEDA reserves the right to 41 TEDA, Chennai Page 7/107 Bidder s Signature & Stamp

8 Section-C AWARD & EXECUTION 10. AWARD OF WORK Acceptance of the Tender Letter of Acceptance (LOA) Payment of Security Deposit (SD) Execution of Agreement Release of Firm Work Order Installation & Completion Schedule Release of SD Termination of Contract Termination for default Termination for insolvency Termination for convenience Execution of Work Pre Despatch Inspection Components Manufactured in India Components manufactured Abroad Bar Coding Scope of work Insurance Handing over Inspection by Third Party Agency Monitoring Software Service Centres Comprehensive Maintenance for 5 years Product take back and recycling 55 TEDA, Chennai Page 8/107 Bidder s Signature & Stamp

9 11.11 Warranty Traceability of the Product to be supplied LIQUIDATED DAMAGES PAYMENT TERMS 58 SECTION D TECHNICAL SPECIFICATIONS 14. Technical Specifications for SPV Home Lighting Systems Technical Requirements/Standards 68 SECTION- E FORMATS& ANNEXURES F-1 Techno commercial Bid Format ( Envelope A) 75 F-2 Price Bid Format (Envelope-B) 85 F-3 Bidder s undertaking covering letter 86 F-4 Bidder s undertaking for minimum quantity offered 89 F-5 Bank Guarantee Format 89 F-6 Model Form of Contract 91 F-7 Draft Undertaking in Lieu of EMD 101 A-1 Districts Wise Tentative Quantity 104 A-2 EMD Exemption 106 TEDA, Chennai Page 9/107 Bidder s Signature & Stamp

10 ACRONYMS # Parameter Details 1. AC Alternating Current 2. BIS Bureau of Indian Standard 3. BoS Balance of System 4. CRI Colour Rendering Index 5. DC Direct Current 6. DOD Depth Of Discharge 7. IEC International Electrotechnical Commission 8. IGBT Insulated Gate Bipolar Transistor 9. CFL Compact Fluorescent Lamp 10. MPPT Maximum Power Point Tracking 11. NABL National Accreditation Board for testing and calibration Laboratories 12. PCU Power Conditioning Unit 13. PWM Pulse Width Modulation 14. RFID Radio Frequency Identification 15. STC Standard Testing Conditions 16. TEDA Tamil Nadu Energy Development Agency 17. THD Total Harmonic Distortion 18. VRLA Valve Regulated Lead Acid 19. RD & PR Rural Development & Panchayat Raj SHORT TITLES USED IN THE TENDER DOCUMENT. Bidder Bidder means the party (or) Consortium of parties by parties who makes a formal offer in pursuance of the Tender floated 2. Successful Bidder Successful Bidder means the bidder who becomes successful through the Tender process. 3. Day A day means a calendar day 4. Service Centre Service Centre means the centre or place, wherein the Bidder, inter-alia undertakes and performs the service activities relating to the solar home lighting systems indicated in the Tender and shall include a Direct service centre or Authorized service centre. TEDA, Chennai Page 10/107 Bidder s Signature & Stamp

11 5. Authorized Service Centre Authorized Service Centre means a Service Centre run by the Bidder through another party by entering into a valid commercial agreement. 6. Testing Agency Testing Agency notified by TEDA for the purpose of sample testing. 8. Cost Cost means the total cost to be incurred towards the supply, installation, commissioning and 5 years comprehensive maintenance of SPV Home Lighting Systems. 9. Purchaser Purchaser means the Government of Tamil Nadu for whom the procurement is made through this Tender. 10. TEDA Tamil Nadu Energy Development Agency - the Procurement agency on behalf of Government of Tamil Nadu 11. Commissioning Commissioning means the home lights will have to be energized through SPV system and the functioning has to be tested. 12. End user End user means the beneficiary to whom the solar home lighting system is provided. 13. District Geographical division within the State. Each district has roughly villages. This tender covers 27 Districts in Tamil Nadu as per Annexure Segment The total home lights installations will be divided into SEGMENTS of 4000 ± 25% across one or more districts. Bidders shall quote for 4000 or in multiples of 4000 systems. Applicability of Tamil Nadu Transparency in Tenders Act 1998 This Tender process will be governed by The Tamil Nadu Transparency in Tenders Act 1998 and The Tamil Nadu Transparency in Tenders Rules, 2000 ( as amended from time to time. TEDA, Chennai Page 11/107 Bidder s Signature & Stamp

12 CHECKLIST FOR ENCLOSURES (Bidder shall fill up YES or NO without fail) # Bid Enclosures YES o r 1. Whether the Tender is submitted in Two covers (Techno Commercial Bid and Price Bid)? 2. Whether Two covers are put into an outer cover? 3. Whether Technical Bid (Envelope- A) contains the following 3.1 Earnest Money Deposit (EMD) amount as specified in the Tender or undertaking in lieu of EMD as per Format F Bidder s undertaking covering letter as per Format F3 in the Letter Head signed by the authority & stamped. 3.3 Signed and stamped Letter of Authorization (or) Power of Attorney for signing the Tender document. 3.4 All pages of the blank Tender document in full signed by the authority & stamped. 3.5 Filled up Technical Bid signed by the authority & stamped 3.6 Supporting documents to meet the Eligibility Criteria All documents shall be in English only. Documents in any other language shall be accompanied by an accurate translation in English, duly notarized and signed by the authority and stamped in all pages a) Bidder s Certificate of Incorporation / Registration or In case of Consortium, Certificate of Incorporation/ Registration of all the partners in the Consortium b) In case of Consortium / Copy of Consortium Agreement / A letter of intent to execute a Consortium Agreement signed by all the partners along with the copy of the proposed Consortium Agreement. c) Bidder s undertaking for using indigenous SPV modules d) Bidder s undertaking for minimum quantity offered as per Format F4. e) Annual Report including Balance Sheet and Profit & Loss accounts for any one of the audited years from In case of Consortium/ Annual Report including Balance Sheet and Profit & Loss accounts of the Consortium / partners for any one of the audited years from , towards meeting Page No. TEDA, Chennai Page 12/107 Bidder s Signature & Stamp

13 # Bid Enclosures YES o r the annual turnover criteria. (or) Latest Annual Report including audited Balance Sheet and Profit & Loss accounts towards meeting the criteria on investment made on plant & machinery. f) Copy of Work Orders along with proof for satisfactory completion of that work. g) Bidder s undertaking letter for not currently blacklisted 3.7 Following Test Certificates / Reports as per clause 15 i) SPV Modules IEC / IS IEC Part 1 & 2 IEC STC Performance Report from accredited laboratories ii) BATTERIES Batteries - IEC Tubular Lead Acid IS 1651/ IS 13369/ JIS 8702 VRLA IS iii) PCU IEC61683 & IEC (1,2,14,30) iv) BALANCE OF SYSTEMS(Certificates or Letter of Undertaking ) a) IS certificate for CFL b) Cables- IEC 60189, IS 694/ IS 1554 & IS/IEC c) Switches / Circuit Breakers/ Connectors IS/IEC part I,II,III & EN Whether Price Bid (Envelope-B) contains the following a) Filled Price Bid with signature and stamp in all pages. b) Whether corrections or overwriting if any is attested? Page No. IMPORTANT NOTE: TEDA, Chennai Page 13/107 Bidder s Signature & Stamp

14 Bidders must ensure that they submit all the required documents indicated in the Tender document without fail. Bids received without supporting documents for the various requirements mentioned in the tender document or test certificate are liable to be rejected. The data sheet for the critical components shall be submitted by the Bidder for the scrutiny. TEDA, Chennai Page 14/107 Bidder s Signature & Stamp

15 SECTION A TENDER ELIGIBILITY AND INSTRUCTIONS TEDA, Chennai Page 15/107 Bidder s Signature & Stamp

16 TEDA, Chennai Page 16/107 Bidder s Signature & Stamp

17 1. INTRODUCTION The Government of Tamil Nadu has issued orders vide G.O.Ms. No.46 RD&PR (SGS1) Dept dt , for implementation of Chief Minister s Solar Powered Green House Scheme. Under this scheme, 3 lakh houses shall be constructed for the benefit of the poor in rural areas, over a period of 5 years from to Construction of houses is taken up by RD & PR department. The Government of Tamil Nadu has entrusted the task of installation of Solar Home Lighting systems in Houses to TEDA. TEDA therefore calls for International Competitive Bidding for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based standalone SPV Home lighting systems in 78,372 houses, following the procedures stipulated in the Tamil Nadu Transparency in Tenders Act 1998 and Tenders Rules Bidder shall quote for 4000 systems or multiples of 4000 systems. The tentative quantity in each district are indicated in annexure A1. Successful bidders shall be allotted one or more districts based on the quantities quoted (in multiples of 4000 ± 25%). The Successful bidder(s) will be required to set up Office cum service & repair centers in every allotted district. The Successful Bidder(s) shall work closely with the Government of Tamil Nadu departments involved in implementing the above work and ensure success of the programme within the stipulated time of 180 days. The project pertains to a clean/ RE project (Solar Energy) intended to reduce carbon emissions. The project is not viable without consideration of the Clean Development Mechanism (CDM) revenue. The CDM benefit will be availed by TEDA. TEDA, Chennai Page 17/107 Bidder s Signature & Stamp

18 2.TENDER DATA SHEET 1 Tender inviting Authority, Designation and Address The General Manager Tamil Nadu Energy Development Agency V Floor, EVK Sampath Maaligai, 68 College Road, Chennai (INDIA) Phone: / Fax: tender@teda.in Website: 2 a) Name of the Work International competitive Bidding for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based SPV Home Lighting Systems in 78,372 Houses under Chief Minister s Solar powered Green House Scheme. b) Tender Reference TEDA/1016A/SHLS-CFL/SCHEMES/ c) Place of execution In 27districts of Tamil Nadu (INDIA) 3 a) Tender documents available place and due date for obtaining tender b) Cost of Tender Document On all working days between A.M. and 5.00 P.M. upto at the Address mentioned in (1) above. Alternatively, Tender documents can be downloaded free of cost from and Rs. 1000/-(Rupees One Thousand only) per Tender Document for direct purchase from TEDA. The Tender document fee is waived for the downloaded Tender Document. 4 Earnest Money Deposit (EMD) per Segment Rs. 8 Lakhs per Segment EMD has to be paid in Indian Rupees by way of Demand Draft or Banker s Cheque only, from any of the Nationalized/ Scheduled /Foreign banks, drawn in favour of Tamil Nadu Energy Development Agency and payable at Chennai only. EMD submitted in any other forms will be SUMMARILY REJECTED 5 Pre-Bid meeting date On A.M. At the address TEDA, Chennai Page 18/107 Bidder s Signature & Stamp

19 and place 6 Due Date, Time and Place of submission of Tender 7 Date, Time and Place of Tender opening mentioned in column (1) above Upto at 2.00 P.M. at the address mentioned in column (1) above On at 2.00 P.M. at the address mentioned in column (1) above 8 Date, Time and Place of opening of Price Bids Will be intimated only to the bidders qualified in Techno commercial bid. TEDA, Chennai Page 19/107 Bidder s Signature & Stamp

20 3. TENDER COST AND EMD 3.1 Cost of Bidding The Bidders shall bear all costs associated with the preparation and submission of Bids. TEDA will in no way be responsible or liable for these charges/costs incurred regardless of the conduct or outcome of the bidding process. 3.2 Tender Document Fee a) The Tender documents may be purchased from the office of TEDA on payment of fees in Indian Rupees as mentioned in the Tender Data sheet. The Tender document is not transferable to any other Bidder. b) The Tender document cost may be paid by way of cash (or) Demand Draft / Banker's Cheque in favour of Tamil Nadu Energy Development Agency, payable at Chennai. c) Alternatively, the Tender document can be downloaded free of cost from the website mentioned in the Tender data sheet. The Tender document fee is waived for those documents downloaded. 3.3 Earnest Money Deposit (EMD) a) An EMD amount as specified in the Tender shall be paid in Indian Rupees by way of Demand Draft or Banker s Cheque only, from any of the Nationalized/ Scheduled /Foreign banks, drawn in favour of Tamil Nadu Energy Development Agency payable at Chennai.EMD submitted in any other forms will be SUMMARILY REJECTED. b) The EMD shall be kept in the Techno Commercial Bid Cover. c) The EMD amount of the bidders not qualified in the Techno commercial bid will be refunded immediately after rejection of their techno-commercial bid. The EMD amount of the bidders qualified in the techno commercial bid will be refunded after finalization and signing of agreement with the successful TEDA, Chennai Page 20/107 Bidder s Signature & Stamp

21 bidder. The EMD amount held by TEDA till it is refunded to the Bidders will not earn any interest thereof. d) The EMD amount paid by the Successful Bidder(s) will be adjusted towards Security Deposit payable by them. If the successful Bidder submits Security Deposit for the stipulated value in full in the form of DD/ by way of Bank Guarantee, the EMD will be refunded. e) The EMD amount will be forfeited by TEDA, if the Bidder withdraws the bid during the period of its validity specified in the tender or if the successful Bidder fails to sign the contract or the successful Bidder fails to remit Security Deposit within the respective due dates. f) The bids received without the specified EMD amount will be SUMMARILY REJECTED. g) For the categories of industries exempted from payment of Earnest Money Deposit see Annexure TENDER ELIGIBILITY CRITERIA The Bidder(s) shall meet the following Eligibility Criteria to participate in the Tender and shall enclose documentary proof for fulfilling the Eligibility in the Techno commercial Bid. S.No Minimum Eligibility Criteria Proof to be submitted for fulfilling the Eligibility Criteria 1.(a) The Bidder /its wholly owned subsidiary shall be A Registered Manufacturing Company/Firm in India of SPV Cells/Modules OR Battery OR PV System Electronics OR A PV System Integrator in existence for atleast past one audited year. OR Certificate of Incorporation or Registration and relevant proof shall be submitted. TEDA, Chennai Page 21/107 Bidder s Signature & Stamp

22 S.No Minimum Eligibility Criteria Proof to be submitted for fulfilling the Eligibility Criteria b) Consortium not exceeding three partners. Each partner of the Consortium shall be a Registered Company / Firm in existence for at least past one audited year. The prime Bidder amongst the consortium partners shall be either (i) a registered manufacturing company/ Firm in India of SPV cells / Modules or Battery or PV systems Electronics. OR (ii) a PV system integrator. 2. The Bidder shall use only SPV modules manufactured in India i. Certificate of Incorporation of all the partners shall be submitted. ii. Copy of consortium agreement shall be submitted (OR) A letter of intent to execute a consortium agreement in the event of a successful bid shall be signed by all the partners and submitted with the Bid together with the copy of the proposed consortium Agreement. iii. In case of Consortium, all partners of the consortium shall be liable jointly and severally for the execution of the contract in accordance to the contract terms and a statement to this effect shall be included in the letter of intent. Necessary undertaking letter shall be submitted from the module manufacturer. 3. Bidder or Consortium shall have a minimum turnover of Rs.3 Crore in any one of the audited years from Turnover of Parent Company is allowed. a) Annual Report(auditor report and Director report) b) Balance Sheet & c) Profit & Loss accounts For any one audited years from shall be submitted towards meeting annual turnover criteria. TEDA, Chennai Page 22/107 Bidder s Signature & Stamp

23 S.No Minimum Eligibility Criteria Proof to be submitted for fulfilling the Eligibility Criteria 4. Bidder shall have installation experience of 1000 Solar Home Lighting systems in India or equivalent 100Kwp of Solar PV systems spread across minimum 10 installations in India in the last five years(spv installed minimum 6 months prior to the date of bid submission will only be considered) & these systems shall be working satisfactorily.(lanterns not allowed) Copy of Work Orders and performance certificate for satisfactory function of those SPV systems obtained from the agency issuing work order 5. The Bidder shall agree to accept the entire quantity that is finally allotted to him. 6. Various components of the SPV system shall conform to the MNRE standards as per clause Bidder(s) shall not be currently blacklisted by any of the State or Central Government or organizations of the State or Central Government as on date of submission of tender Necessary under taking shall be enclosed in this regard. Copy of test certificates along with reports for each component shall be submitted. Necessary Undertaking letter shall be furnished. Note: Test reports for entire Home Lighting System shall be submitted from MNRE approved test centre. This test report shall be submitted within 30 days from the date of submission of Bid. Turnover& Installation experience quoted above is to qualify for a single segment of 4000 and shall be multiplied by the no of segments being bid. Special Conditions for the Consortium 1) Among the consortium partners, the Prime Bidder submits the Bid with the Power of Attorney signed by the legally authorized signatories of all the partners authorizing the Prime Bidder in this regard. 2) In case of a successful Bid, the Agreement shall be signed by the Prime TEDA, Chennai Page 23/107 Bidder s Signature & Stamp

24 Bidder so as to be legally binding on all the partners. 3) The Prime Bidder shall be authorized by the Consortium partners to act on their behalf to incur liabilities and receive instructions for and on behalf of him and all partners of the consortium and entire execution of the contract including payment shall be done exclusively to the Prime Bidder. 4) All partners of the consortium shall be liable jointly and severally for the execution of the contract in accordance to the contract terms and a statement to this effect shall be included in the authorization mentioned above as well as in the Bid and in the agreement (in case of successful bid). The consortium agreement shall indicate precisely the role of the members of the consortium in respect of the contract. 5) Copy of the consortium agreement shall be submitted with the Bid. Consortium agreement shall be registered in India. 6) Alternatively a letter of intent to execute a consortium agreement in the event of a successful bid shall be signed by all the partners and submitted with the bid together with the copy of the proposed agreement. The consortium agreement shall be registered before execution of agreement with TEDA so as to be legally valid and binding on all partners. 7) Auditor Certificate has to be submitted for share holding pattern 8) Only one Bid will be allowed from a Consortium. The partners of a Consortium are not allowed to bid individually or to be the partner of another Consortium. Special Conditions for Foreign Companies Foreign company shall participate in the bid only by forming Consortium with Indian company(s). TEDA, Chennai Page 24/107 Bidder s Signature & Stamp

25 5. Instructions to the Bidder 5.1 General Instructions a) It will be imperative for each Bidder to familiarize himself with the prevailing legal situations for the execution of contract. TEDA shall not entertain any request for clarification from the Bidder regarding such legal aspects of submission of the Bids. b) It will be the responsibility of the Bidder that all factors have been investigated and considered while submitting the Bids and no claim whatsoever including those of financial adjustments to the contract awarded under this tender will be entertained by TEDA. Neither any time schedule nor financial adjustments arising thereof shall be permitted on account of failure by the Bidder to appraise themselves. c) The Bidder shall be deemed to have satisfied himself fully before Bidding as to the correctness and sufficiency of its Bids for the contract and price quoted in the Bid to cover all obligations under this Tender. d) It must be clearly understood that the Terms and Conditions and specifications are intended to be strictly enforced. No escalation of cost in the Tender by the Bidder will be permitted throughout the period of Agreement or throughout the period of completion of contract whichever is later on account of any reasons whatsoever. e) The Bidder shall make all arrangements as part of the contract for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based SPV Home Lighting systems and train the beneficiaries at various locations at their own cost. f) The bidder can quote in multiples of 4000 systems. The details of the tentative quantity in each district are indicated in Annexure -1. Successful Bidder will be allotted one or more districts based on the quoted quantities in multiples of 4000±25%. g) Bidder may give the preference for districts he likes to be allotted. However TEDA reserves the right to allot districts as per TEDA s convenience. TEDA, Chennai Page 25/107 Bidder s Signature & Stamp

26 h) In case of two bidder offering the same rate after negotiation then the original lowest bidder will be given districts of his preference first. i ) The Bidder shall be fully and completely responsible to TEDA and State Government for all the deliveries and deliverables. The bidder shall be responsible for the proper functioning of the finally erected systems. 5.2 Language of the Bids The bid prepared by the Bidder as well as all correspondence and documents relating to the bid shall be in English only. The supporting documents and printed literature furnished by the Bidder in any other language shall necessarily be accompanied by an accurate translation in English duly notarized, in which case, for all purposes of the Bid, the translation shall govern. Bids received without such translation copy will be rejected. 5.3 Bid Currency Price shall be quoted in Indian Rupees (INR) only and Payment shall be made in Indian Rupees only. With respect to any foreign company, the law of the land including the Rules and Regulations of Reserve Bank of India (RBI) shall be followed and necessary compliances in this regard will be the sole responsibility of the Foreign Company. Price quoted in any currency other than INR will be rejected. 5.4 Clarifications and Amendments a) A prospective Bidder requiring any clarification in the Tender may address TEDA by Registered post or by personal delivery under acknowledgement No clarifications will be offered by TEDA within 48 hrs prior to the time of opening of the Tender. b) A pre-bid meeting will be held, for addressing the clarifications, on the date and time mentioned in the Tender Data sheet or any other TEDA, Chennai Page 26/107 Bidder s Signature & Stamp

27 date decided by TEDA. The Bidders are requested to participate in the Pre-bid meeting for clarifications. c) Before the closing date of the Tender, clarifications and amendments if any will be notified in the government website mentioned in the Tender Data sheet. The Bidders shall periodically check for the amendments or corrigendum or information in the website till the closing date of this Tender. TEDA will not make any individual communication and will in no way be responsible for any ignorance pleaded by Bidders. d) TEDA is not responsible for any misinterpretation of the provisions of this tender document on account of the Bidders failure to update the Bid documents based on changes announced through website. 5.5 Contacting Tender Inviting Authority a) Bidders shall not make attempts to establish unsolicited and un authorized contact with the Tender Inviting Authority or Tender Evaluation Committee or Tender Accepting Authority after the opening of the Tender and prior to the notification of the Award and any attempt by any Bidder to bring, to bear extraneous pressures on the Tender Inviting/Evaluation/Accepting Authority may lead to disqualification of the Bidder. b) Notwithstanding anything mentioned above, the Tender 5.6 Force Majeure Inviting/Evaluation/Accepting Authority may seek bona-fide clarifications from Bidders relating to the tenders submitted by them during the evaluation of tenders. Neither TEDA nor the Successful Bidder shall be liable to the other for any delay or failure in the performance of their respective obligations due to causes or contingencies beyond their reasonable control such as: TEDA, Chennai Page 27/107 Bidder s Signature & Stamp

28 Natural phenomena including but not limited to earthquakes, floods and epidemics. Acts of any Government authority, domestic or foreign including but not limited to war declared or undeclared, priorities and quarantine restrictions. Accidents or disruptions including, but not limited to fire, explosions, breakdown of essential machinery or equipment, power and water shortages. 5.7 Arbitration In case of any dispute, the matter will be referred to a sole Arbitrator to be appointed by the Chairman & Managing Director of TEDA under the "Arbitration and Conciliation Act 1996". The arbitration shall be held in Chennai, India and the language shall be English only. Subject to the above, the Courts at Chennai alone only shall have jurisdiction in the matter. TEDA, Chennai Page 28/107 Bidder s Signature & Stamp

29 Section-B Bid Submission and Evaluation TEDA, Chennai Page 29/107 Bidder s Signature & Stamp

30 TEDA, Chennai Page 30/107 Bidder s Signature & Stamp

31 6. BID PREPARATION Bidders shall examine all Instructions, Terms and Conditions and Technical specifications as given in the Tender documents. Failure to furnish information required by the Bid or submission of Bids not substantially responsive or viable in every respect will be at the Bidder s risk and may result in rejection of Bids. Bidders shall strictly submit the Bid as specified in the Tender, failing which the bids will be held as non-responsive and will be rejected. 6.1 Letter of Authorisation A letter of Authorization from the Board of Directors or Managing Director or CEO of Bidder organization authorizing the Tender submitting authority or a Power of Attorney shall be submitted in the Techno commercial Bid. The Bids received without the Letter of Authorization or Power of Attorney will be summarily rejected. 6.2 Test Certificates/ Reports and Samples 1. The bidder shall submit the test certificates / reports for the CFL based Home Lighting systems from the notified testing agencies, as per clause Bidders have to make their own arrangements for the testing of their product as per the Standards given in the Tender through the notified Testing Agencies. 3. Cost towards testing the samples shall be borne by the Bidders. 4. The Bidders shall take utmost care to submit the sample which shall meet the technical specifications given in the Tender documents. The supplies will be allowed as per approved sample only, if the Bidder is selected. 5. Any additional make in components to be used shall be allowed only with the written permission of TEDA. Any such change of TEDA, Chennai Page 31/107 Bidder s Signature & Stamp

32 components shall be allowed provided those components have been certified by any NABL accredited laboratories for compliance to the stipulated technical specifications as per clauses 14 & 15 of this tender as well as on submission of complete system testing certificate as stipulated in the tender. 6. The Bidder is eligible to submit the Bids, only if the sample product/system is passed in the tests. All those Bidders whose sample failed in any of the test will be treated as nonresponsive with the Tender specifications. 7. The Test Certificates / reports issued by the Testing Agency will be scrutinized and Bidders whose samples passed the tests alone will be selected for further processing. 8. Bidders are requested to submit the sample of their product to Testing Agency well in advance. Any Bids received without the test certificates/reports will be summarily rejected for non-responsive to the tender condition. Test reports for integrated Home Lighting System shall be submitted within 30 days from the submission of bids, however the test certificates for individual components such as SPV module, Battery and Inverter shall be submitted along with the bid itself. 7. BID SUBMISSION The Bids shall be submitted in two parts namely viz. (1) Techno commercial Bid and (2) Price Bid. The Techno commercial Bid and Price Bid shall be submitted in two separate covers. The Bids shall be addressed to The General Manager, TEDA, V Floor, EVK Sampath Maaligai, No.68,College Road, Chennai , Tamil Nadu, India. 7.1 Techno commercial Bid (Envelope-A) a) The Techno commercial Bid enables TEDA to evaluate whether the TEDA, Chennai Page 32/107 Bidder s Signature & Stamp

33 Bidder is techno commercially competent and capable of executing the order. Only those Bids which qualify in the Techno commercial stage will be eligible for the Price bid opening. The Price Bids of Bidders who failed in the Techno commercial stage will not be opened. b) The Techno commercial Bid format as given in the Tender shall be filled, signed and stamped in all pages. TEDA will not be responsible for the errors committed in the Bids by the Bidders. c) The Techno commercial Bid shall strictly not contain any Price indications or otherwise the Bid will be summarily rejected Details to be furnished in the Techno Commercial Bid a) The EMD amount shall be submitted in the prescribed form. b) Authorization letter from the Board of Directors/ Managing Director or CEO or Power of Attorney to sign the Tender documents shall be submitted. In case of Consortium, the Prime Bidder shall be authorized by submitting of Power of Attorney signed by the legally authorized signatories of all the partners. c) The blank Tender document in full shall be printed, signed by the authorized person and stamped in all pages and shall be submitted as a token of accepting the conditions. d) The Techno Commercial Bid shall be duly filled, signed by the authorized person and stamped in all the pages and shall be submitted. e) The supporting documents to prove Bidder s eligibility shall be duly attested by the authorized person and shall be submitted. f) Test certificates / reports shall be submitted for components/ CFL based Home Lighting system from notified testing agencies, as per clause 15. TEDA, Chennai Page 33/107 Bidder s Signature & Stamp

34 g) The published Annual Report shall be signed by the authorized person and stamped in all pages and shall be submitted. h) The full addresses & phone numbers of the Plants shall be provided where the main components namely SPV Module, Inverter and Battery will be manufactured. i) All the required documents insisted in the Tender shall be enclosed in the Techno Commercial Bid. j) The documentary evidence shall establish Bidder's qualifications to the satisfaction of TEDA Signing the Techno Commercial Bid a) The Bids shall be typed and shall be signed by the Authorized Official(s) of Bidder. All pages of the bid shall be signed and stamped by the authorized person. b) Any alterations, deletions or overwriting will be treated as valid only if they are attested by the full signature by the authorized person Sealing the Techno Commercial Bid The Techno Commercial bid shall be placed in a separate cover (Envelope-A) and sealed appropriately. The Techno Commercial bid cover shall be super scribed with Techno Commercial Bid (Envelope A) International Competitive Bidding for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based SPV Home Lighting Systems. Tender Ref.: due on. The FROM address and TO address shall be written without fail otherwise the Techno Commercial bid is liable for rejection. TEDA, Chennai Page 34/107 Bidder s Signature & Stamp

35 7.2 Price Bid (Envelope-B) Details to be furnished a) All the Price items as asked in the Tender shall be filled in the Price Bid format as given in the Tender. The prices quoted shall be in INDIAN RUPEES (INR) only. The Tender is liable for rejection if Price Bid contains conditional offers or partial offers and if quoted in any currency other than INR. b) The cost quoted by the Bidder shall include the breakup cost of the CFL based Solar Home Lighting System viz., PV panel, Battery, Inverter, CFL etc., c) The cost quoted by the Bidder shall be kept firm for a period specified in the Tender from the date of opening of the Tender. The Bidder shall keep the Price firm during the period of Contract including the period of extension of time if any. The Bidders shall particularly take note of this factor before submitting the Bids Signing the Price Bid a) The Bids shall be typed and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. b) Any alterations, deletions or overwriting shall be treated valid only if they are attested by full signature by the authorized person Sealing the Price Bid The Price Bids for various districts shall be placed in a single separate cover (Envelope-B) and sealed appropriately. The Price Bid cover shall be super scribed with Price Bid (Envelope B) - International Competitive Bidding for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based SPV Home lighting TEDA, Chennai Page 35/107 Bidder s Signature & Stamp

36 systems. Tender Ref.: due on. The FROM address and TO address shall be written without fail otherwise the Price Bid is liable for rejection. 7.3 Outer Cover The Techno Commercial Bid cover (Envelope-A) and Price Bid cover (Envelope-B) shall then be put in a single outer cover and sealed. The outer cover shall be super scribed with International Competitive Bidding for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based SPV Home Lighting Systems. Tender Ref.: due on. The FROM address and TO address shall be written without fail otherwise the Bid is liable for rejection. 7.4 Mode of Submission of Bids a) The Bids shall be dropped in the Tender box kept at TEDA, 5th Floor, EVK Sampath Maaligai,No.68 College Road, Chennai , Tamil Nadu, India, on or before the due date and time. The Bids will not be received personally. b) Alternatively, if the Bidder prefers to submit the Bid by post, the Bidders shall ensure that the Bids reach TEDA on or before the due date and time. TEDA will not be liable or responsible for any postal delay or any other delay whatsoever. c) The Bids received after Due Date and Time or Unsealed or in incomplete shape or submitted by Facsimiles (FAX), etc., will be summarily rejected. 7.5 Modification and withdrawal of Bids The Bids once submitted cannot be modified or amended or withdrawn. TEDA, Chennai Page 36/107 Bidder s Signature & Stamp

37 8. BID OPENING 8.1 Techno Commercial Bid Opening The Techno commercial Bid cover will be opened at TEDA on the date and time as specified in the Tender Data sheet or any other date published in the website specified. The Tender will be opened in the presence of the Bidders who choose to be present. The representative(s) of the Bidder who chooses to attend Tender opening shall bring an authorization letter from the Bidder. A maximum of two representatives for each Bidder will be allowed to attend the Tender opening. On opening the Techno Commercial bid cover, if EMD in the prescribed form is not found, the bid will be summarily rejected 8.2 Tender Validity a) Bids submitted shall remain valid for a period of 180 days from the date of Tender opening. If the bid validity is lesser than 180 days, the Bid will be rejected as non-responsive. b) In exceptional circumstances, TEDA may solicit the Bidders to 8.3 Initial Scrutiny extend the validity. The Bidder shall extend price validity and Bid security validity. Initial Bid scrutiny will be held and Tenders as given below will be treated as non-responsive. Tender received without EMD amount Tender not submitted in two parts as specified in the Tender and signed and stamped in all pages of the Bid Tender received without the Letter of Authorization as specified in the Tender Tender found with suppression of facts/details Tender with incomplete information, subjective, conditional offers and partial offers TEDA, Chennai Page 37/107 Bidder s Signature & Stamp

38 Tender submitted without supporting documents to prove Eligibility criteria and Evaluation Tender not complying with any of the clauses stipulated in the Tender Tender with lesser validity period Tender submitted without component test report from the Testing Agency Bidder who fails to submit integrated system test report from MNRE approved lab within 30 days of Bid submission. All responsive Bids will be considered for further evaluation. The decision of TEDA will be final in this regard. 8.4 Clarifications by TEDA When deemed necessary, TEDA may seek bona-fide clarifications on any aspect from the Bidder. However, that will not entitle the Bidder to change or cause any change in the substance of the Bid or price quoted. During the course of Techno commercial Bid evaluation, TEDA may seek additional information or historical documents for verification to facilitate decision making. In case the Bidder failed to comply with the requirements of TEDA as stated above, such Bids may at the discretion of TEDA, shall be rejected as technically non-responsive. 8.5 Price Bid Opening Bidders who are qualified in Techno commercial Bid (Envelope-A) only will be called for Price Bid opening. The Price Bids will be opened in the presence of the Bidders at TEDA. The Bidders or their authorized representatives (maximum two) will be allowed to take part in the Price Bid opening. 9. BID EVALUATION 9.1 Suppression of facts and misleading information a) During the Bid evaluation, if any suppression or misrepresentation of information is brought to the notice of TEDA, TEDA shall have TEDA, Chennai Page 38/107 Bidder s Signature & Stamp

39 the right to reject the Bid and if after selection, TEDA will terminate the contract as the case may be, will be without any compensation to the Bidder and the EMD/ Security Deposit as the case may be, shall be forfeited. b) Bidders shall note that any figures in the proof documents submitted by the Bidders for proving their eligibility is found suppressed or erased, TEDA shall have the right to seek the correct facts and figures or reject such Bids. c) It is up to the Bidders to submit the full copies of the proof documents to meet out the criteria. Otherwise, TEDA at its discretion may or may not consider such documents. d) The Tender calls for full copies of documents to prove the Bidder s experience, capacity and other requirements to undertake the project 9.2 Techno Commercial Bid Evaluation a) The Bidders who have duly complied with the Eligibility Criteria and passed in sample product testing by Testing Agency will be eligible for further processing. b) The Tenders, which do not conform to the Technical Specifications 9.3 Price Bid Evaluation or Tender conditions or Bids without Test certificates/reports on the product / system offered or Tenders from Bidders without adequate capabilities for supply & installation, will be rejected. The Eligible Bidders alone will be considered for further evaluation. 1) Bidders who are qualified in Techno commercial Bid (Envelope-A) only will be called for Price Bid opening. The Price Bids will be opened in the presence of the Bidders at TEDA. The Bidders or their authorized representatives (maximum two) will be allowed to take part in the Price Bid opening. TEDA, Chennai Page 39/107 Bidder s Signature & Stamp

40 2) The Price Bid evaluation will be conducted as stipulated in the Tamil Nadu Transparency in Tenders Act 1998 and Tamil Nadu Transparency in Tenders Rules The Price evaluation will include all Duties and Taxes as given below. (i) (ii) (iii) (iv) (v) (vi) In cases of discrepancy between the cost quoted in Words and in Figures, the lower of the two will be considered. In case of discrepancy between the actual total of price break up and the total mentioned in the bid, the lower of the two will be considered. In evaluation of the price of an imported item, the price will be determined inclusive of the customs duty; In evaluation of the price of articles which are subject to excise duty, the price will be determined inclusive of such excise duty; In a tender where all the tenderers are from within the State of Tamil Nadu, or where all the tenderers are from outside the State of Tamil Nadu, the sales tax/tnvat shall be included for the evaluation of the price; and In a tender where the tenderers are both from the State of Tamil Nadu as well as from outside the State of Tamil Nadu, TNVAT shall be excluded for the evaluation of the price". 3) The lowest cost as per the above evaluation will be adjudged as L1. TEDA will not be responsible for any erroneous calculation of tax rates or any subsequent changes in rates or structure of applicable taxes. All differences arising out as above shall be fully borne by the Successful Bidder. 4) TEDA may negotiate with the Lowest Cost offered Bidder (L1) for further reduction of the price. TEDA reserves the right to ask other Bidders to match L1 price. TEDA, Chennai Page 40/107 Bidder s Signature & Stamp

41 9.4 Award of Contract 1) TEDA reserves the right to apportion the total quantity among the L1 Bidder and other Bidders who have agreed to match L1 rate. 2) No dispute can be raised by any Bidder whose Bid has been rejected and no claims will be entertained or paid on this account. 9.5 TEDA reserves the right to; 1) Negotiate with the Bidder whose offer is the lowest evaluated price for further reduction of prices. 2) Modify, reduce or increase the quantity requirements to an extent of 25% of the Tendered quantity as per the provisions of Tamil Nadu Transparency in Tenders Act 1998 and Tamil Nadu Transparency in Tenders Rules, ) Change the list of areas of installation locations from time to time based on the requirement. 4) Ask other qualified Bidders to match L1 price. 5) Reallocate the quantity to other Bidder, if performance of the Bidder is not as per the completion Schedule. 6) Inspect the bidder s factory / office premises and those of major component manufacturers from whom bidder proposes to purchase, before or after placement of orders and based on the inspection, TEDA reserves a right to modify the quantity ordered. 7) Withhold any amount for the deficiencies in the service aspect of SPV systems installed at the identified locations. 8) Allot less or more quantity depending on clubbing of districts into separate segments TEDA, Chennai Page 41/107 Bidder s Signature & Stamp

42 TEDA, Chennai Page 42/107 Bidder s Signature & Stamp

43 Section- C Award & Execution TEDA, Chennai Page 43/107 Bidder s Signature & Stamp

44 TEDA, Chennai Page 44/107 Bidder s Signature & Stamp

45 10. AWARD OF WORK 10.1 Acceptance of the Tender The final acceptance of the Tender is entirely vested with TEDA / Govt. who reserves the right to accept or reject any or all of the Tenders in full or in part. The Tender accepting authority may also reject any Tender for reasons such as changes in the new technologies, court orders, accidents or calamities and other unforeseen circumstances. After acceptance of the Tender by TEDA, the Bidder shall have no right to withdraw their Tender or claim higher price Letter of Acceptance (LOA) After acceptance of the Tender by TEDA, a Letter of Acceptance (LOA) will be issued only to the Successful Bidder(s). TEDA has the right to issue LOA to more than one bidder Payment of Security Deposit (SD) a) The Successful Bidders will be required to remit the Security Deposit equivalent to 5% (Five percent) of the value of the Work Order excluding AMC charges. The SD shall be paid by way of Demand Draft drawn in favour of Tamil Nadu Energy Development Agency payable at Chennai or in the form of unconditional and irrevocable Bank Guarantee, valid till the completion of 5 years comprehensive maintenance period. The SD shall be paid within 10 days from the date of issue of Letter of Acceptance by TEDA. b) The Security Deposit will be refunded to the Successful Bidder only on completion of 5 years comprehensive maintenance period from the date of completion of entire work involving supply, installation & commissioning of SPV Home lights to the satisfaction of TEDA. The Security Deposit held by TEDA till it is refunded to the Successful Bidder will not earn any interest thereof. TEDA, Chennai Page 45/107 Bidder s Signature & Stamp

46 c) The Security Deposit/EMD will be forfeited if the Successful Bidder(s) withdraw(s) the Bid during the period of Bid validity specified in the Tender or if the Bidder fails to sign the contract (or) if the contract is not fulfilled as per the agreement Execution of Agreement a) The Successful Bidder shall execute a Contract in the INR 100 non-judicial stamp paper bought in Tamil Nadu only in the name of the Bidder, within 10 days from the date of Letter of Acceptance issued by TEDA. b) The Successful Bidder shall not assign or make over the contract, the benefit or burden thereof to any other person or persons or body corporate for the execution of the contract or any part thereof without the prior written consent of TEDA. TEDA reserves its right to cancel the work order either in part or full, if this condition is violated. c) In case of the successful bidder fails to execute necessary agreements as prescribed, within the stipulated period, then his EMD shall be forfeited and his tender held as non responsive Release of Firm Work Order After execution of the Contract and payment of Security Deposit, Firm Work Order for Supply, Installation, Commissioning and 5 years Comprehensive Maintenance of CFL based SPV home lighting systems will be issued to the Successful Bidder by TEDA Installation & Completion Schedule a) The entire work involving Supply, Installation and Commissioning of SPV home lights shall be completed within 180 days from the date of issue of work order TEDA, Chennai Page 46/107 Bidder s Signature & Stamp