Request for Proposal for Royalty to use Patent License-MGVCL

Transcription

1 Request for Proposal for Royalty Payment for grant of rights &License of Patent to use technical information of Specially Design Transformer (SDT) to manufacture, fabricate to use & sell it in entire India Patent No: 1284/MUM/2005 Bid Specification No: 01/PATENT / June 2011 Issued by C.E. (Technical & Operation) Madhya Gujarat Vij Company Ltd. 3rd Floor, S.P. Vidyut Bhawan, Race Course Circle, Vadodara Gujarat, India Phone: , Fax: website: MGVCL- PATENT NO: 1284/MUM/2005 Page 1

2 Madhya Gujarat Vij Company Ltd. 3rd Floor, S.P. Vidyut Bhawan, Race Course Circle, Vadodara Gujarat, India Phone : , Fax: website: A. - TENDER NOTICE Madhya Gujarat Vij Co. Ltd. invites web tender for grant of exclusive and non-transferable rights to use patent granted in respect of Specially Designed Transformer (SDT) and to make, use, manufacture and sale SDT in entire India for a period of 5 years on royalty basis. Tender documents can be downloaded from website: or Last date for submission of the physical offer is 15 TH July, 2011 before hrs. MGVCL reserves the right to reject any/all offers without assigning any reasons thereof. CE (Technical &Operation) Madhya Gujarat Vij Co. Ltd. Vadodara MGVCL- PATENT NO: 1284/MUM/2005 Page 2

3 1.0 Letter Inviting Tender Ref. No. MGVCL/Patent/SDT/Com/TNDR/ Date: To, Sub: Tender for grant of exclusive and non transferable rights to use patent granted in respect of Specially Designed Transformer (SDT) and to make, use, manufacture and sale SDT in entire India for a period of 5 years on royalty basis. Patent No: 1284/MUM/2005 Dear Sir, MGVCL invites offers for grant of exclusive and non transferable right to use patent granted in respect of Specially Designed Transformer (SDT) and to make, use, manufacture and sale SDT in entire India for a period of 5 years on royalty basis Offers are invited from Bidders/ Associates having adequate infrastructure facilities for manufacturing, marketing and to provide prompt & reliable after sales service and satisfying criterion as per the Tender Evaluation Criteria (TEC) of this document. Each Bidder can apply for five years. Offer submitted should be accompanied by requisite Earnest Money Deposit ( as per the table: 1 below) of Rs. 2,00, (Two Lacs Only) in the form of Demand Draft drawn on Nationalized Bank or any scheduled Bank in favour of Madhya Gujarat Vij Co. Ltd. payable at Vadodara. Offers received without requisite Earnest Money Deposit will be summarily rejected. Tender documents may be downloaded from website, the tenders submitted should be accompanied by Bid Processing Fee of Rs. 7500/- (Rs. Seven thousand Five Hundred only) in the form of Demand Draft drawn on any Nationalized Bank or any scheduled Bank in favour of MGVCL payable at Vadodara. Tenders received without requisite Tender Document Fees will be summarily rejected. Offers are to be submitted in two parts: Part I Common for all / Part II Separate for location each Technical Bid Containing original document duly signed and sealed on every page, Earnest Money Deposit & Bid Processing Fees in the prescribed form, details of manufacturing & infrastructure facilities as per the document, Technical Specifications of products and Brochures, Documents in support of Tender Evaluation Criteria, any other documents/ papers in support of claims made by the party. Financial Bid Schedule of Royalty Rates as per the Performa attached in the tender Document. Exhibit - 7 should be submitted All the envelopes should be packed in an envelope super scribed with offer detail and due date. MGVCL- PATENT NO: 1284/MUM/2005 Page 3

4 Offers submitted by the Bidder should be valid for the period of six months from the date of opening. Sealed offers, duly super scribed on the envelope as Tender for grant of exclusive right (Three Parties) to use patent granted in respect of specially designed transformer (SDT) and to make, use manufacture and sale SDT in entire India for a period of 5 years on royalty basis should reach to The CE (T&O), MGVCL on or before 15 th July 2011 before hrs. Page number shall be mentioned on each page. Part I: Technical Bid of the offers received shall be opened on 16 th July 2011 at hrs at MGVCL s office if possible. Parties are requested to go through the License and Technical Assistance Agreement before submitting their offers. Part II: Financial Bid of only those successful Bidders whose Technical offers are accepted shall be opened on the date as decided by the Tender Evaluation Committee (TEC) of MGVCL. Tenders found incomplete or not followed all the instruction shall not be considered technically qualified. MGVCL may at its discretion change the date & time of opening of the offers without assigning any reasons thereof. In the event of any change in the schedule, the same shall be communicated to you in time. MGVCL reserves the right to reject any/all offers without assigning any reasons thereof. Thanking you, Yours faithfully, For and on behalf of MGVCL CE (T&O) MGVCL- PATENT NO: 1284/MUM/2005 Page 4

5 2.0 CHECK LIST To ensure that your offer submitted to MGVCL is complete in all respects, please go through the following checklist & tick mark for the enclosures attached with your offer: Sr. Description Attached Not Attached No. 1 Bid Processing Fee in the prescribed form 2 Earnest Money Deposit (EMD) in the prescribed form 3 BID document duly signed & sealed on every page, as a confirmation of acceptance of the terms & conditions of the document. 4 A copy VAT & CST Number, Permanent Account Number (PAN) 5 Details of TRANSFORMER MANUFACTURING work experience in last five years along with copies of the orders and certificates from the customers, their address phone/fax 6 Details of Technical staff available (Brief Biodata of key Personnel be given) as per Exhibit-5 of the tender document 7 Name & address of dealers/ distributors/ service stations in India (if any) 8 Declaration of the Bidder about any relatives working with MGVCL 9 Deviation, if any, from the specifications, terms & conditions etc. 10 Whether validity of your offer is confirmed as per the document DETAILS OF EARNEST MONEY DEPOSIT ATTACHED S.No. Description 1 Earnest Money Deposit Earnest Money Deposit of Rs., submitted in the form of Demand Draft/ Banker s Cheque, drawn on Bank, Branch, Vadodara bearing DD/BC No. dated 2 Bid Processing Fee Bid Processing Fee of Rs. 5,000/-, submitted in the form of Demand Draft/ Banker s Cheque, drawn on Bank, Branch, Vadodara bearing DD/BC No. dated is attached herewith. MGVCL- PATENT NO: 1284/MUM/2005 Page 5

6 3.0 GENERAL INFORMATION ABOUT THE BIDDER (To be completely filled by the bidder) 1. Name of the Bidder 1a. Postal Address 1b. Telephone nos. Fax no. 1c. address & URL 2 Constitution of the Bidder Company/Firm Attach Proof of Company Registration along with a copy of the Partnership Deed/ Memorandum of Article of Association and Certificate of Commencement of Business 3 Name and designation of the representative of the Bidder to whom all reference shall be made to expedite technical co-ordination. 4 Entrepreneur Memorandum Part 2 registration with DIC/ NSIC registration no./ CSPO registration no./ DGS&D registration no. 5. Factory Address Proprietorship/ Partnership/ Private Limited/ Public Limited 6a. Factory Telephone/Fax no. 6b. Factory address 6c. Floor area of the factory 6d. Manufacturing facilities (a list of machinery be attached as per annexure-vi) 7 Name and address of the MGVCL- PATENT NO: 1284/MUM/2005 Page 6

7 Indian/Foreign collaborator(s)if any. 8 Offer submitted in Technical Collaboration/ Joint Venture with a foreign Company? if yes, give details of such JV along with the credentials of JV Partner. 9a. Details of Technical Staff available. (Please furnish information as per Enclosed Annexure II) 9b. Details of workmen on muster roll Skilled/ semiskilled/ unskilled (attach copy of muster roll) 10 Has the company/firm to pay arrear of income tax? If yes up to what amount. 11 Turnover of company for last 5 years and profit for each year. (Attach copy of Audited Annual Accounts) 12 Has any Govt. Dept./ Undertaking ever debarred the company/ firm from executing any work? Rs Rs Rs Rs Rs. It is certified that the information provided above is true to the best of my knowledge and belief. If any information found to be concealed, suppressed or incorrect at later date, our tender shall be liable to be rejected and our company debarred from executing any business with MGVCL. Date: Sign. & Stamp of the Bidder MGVCL- PATENT NO: 1284/MUM/2005 Page 7

8 Bid specification for grant of exclusive right to use patent granted in Specially Design Transformer (SDT) to make, use, manufacture and sale SDT in entire India for a period of 5 years on royalty basis Patent No: 1284/MUM/2005 This RFP Document, containing the Request for Proposal ( RFP ) along with Exhibits / Annexure as per index is issued to M/s Notes/ Disclaimer: 1. This document is not transferable. 2. Though adequate care has been taken while preparing and issuing the RFP, the Bidder should satisfy himself that documents are complete in all respects. 3. Intimation of any discrepancy shall be given to this office immediately. If no intimation is received by this office from any Bidder within ten days from the date of issue of this document, it shall be considered that the issued document is complete in all respects and has been received by the Bidder in full. 4. Neither MGVCL, nor its employees, consultants, advisors accept any liability or responsibility for the accuracy or completeness of, nor make any representation or warranty, express, or implied, with respect to the information contained in the RFP, or on which the RFP is based, or any other information or representations supplied or made in connection with the Selection Process. 5. The RFP is not intended to provide the basis of any investment decision and each prospective Bidder must make its own independent assessment in respect of the Bid. No person has been authorized by MGVCL to give any information or to make any representation not contained in the RFP. 6. Nothing in the RFP should be relied on, as a promise or representation as to the future. MGVCL- PATENT NO: 1284/MUM/2005 Page 8

9 7. MGVCL or its authorized officers reserve the right, without prior notice, to change the procedure for the identification of the Selected Bidder or terminate discussions and the delivery of information at any time before the signing of any agreement for the Project without assigning reasons thereof. 8. Neither MGVCL nor its employees or consultants will have any liability to any prospective Bidder or any other person under law, equity or contract, or otherwise for any alleged loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in the RFP, any matter deemed to form part of the RFP, the award of the BID, the Bid information and any other information supplied by or on behalf of MGVCL or their employees, any consultants or otherwise arising in any way from the Selection Process for the Bid. 9. MGVCL reserves the right to change, modify, add to or alter the Selection Process including inclusion of additional evaluation criteria. 10. MGVCL reserves the right to change, modify or alter any or all the provisions of this document. Such a change would be intimated to all parties procuring this document. 11. MGVCL reserves the right to reject any or all of the Bids submitted in response to the RFP at any stage without assigning any reasons whatsoever. Issued By: C.E. (Technical & Operation) Madhya Gujarat Vij Company Ltd., Sardar Patel Vidyut Bhawan, Race Course, Fax: Phone: Place: Vadodara MGVCL- PATENT NO: 1284/MUM/2005 Page 9

10 DEFINITIONS AND ABBREVIATIONS Definitions Affiliate Shall mean a company that either directly or indirectly i. controls or ii. is controlled by or iii. is under common control with a Bidding Company (in the case of a single company) or a Member Company (in the case of a Consortium) and control means ownership by one company of at least twenty six percent (26%) of the voting rights of the other company; Bid Shall mean the Technical Proposal and Financial Proposal submitted in response to this RFP issued by MGVCL; Bidder Shall mean the Bidding Company or Bidding Consortium; Bidding Company Shall mean such single company that has submitted the Bid in accordance with the provisions of this RFP; Bidding Consortium or Consortium Shall mean a group of companies that has collectively submitted the Bid in accordance with the provisions of this RFP; Distribution Licensee Shall mean MGVCL; Effective Date Shall mean the date on which the License and Technical Assistance Agreement is signed by both the Parties and is in force; Financial Proposal/Financial Bid Shall mean the proposal of the Bidder setting out the Royalty per Year that is proposed to be extracted for 5 years of the term of agreement as set forth in clause 3.3 Lead Member Shall mean the Member Company who is in charge of developing the Project and so designated by other Member Company (ies) in accordance with the Consortium Agreement specified in Exhibit 8 of this RFP; MGVCL- PATENT NO: 1284/MUM/2005 Page 10

11 Member Company Shall mean each company in the Bidding Consortium which has executed the Consortium Agreement as provided in Exhibit 8 of this RFP; Patent Partner Shall mean the Bidder selected as per the provisions of Clause 3.3 of this RFP; Parties Shall mean a reference to the selected Bidder and MGVCL collectively and Party shall mean an individual reference to either one of them; RFP Document Shall mean this Request for Proposal document comprising of three volumes: issued to the Bidders seeking Financial Proposals; Volume-1: Request for Proposal Volume-2: Annexure (Draft Contract / Agreement between MGVCL & Successful Bidders) Volume-3: SDT Specification SDT Specially Design Transformer as per the PATENT NO: 1284/MUM/2005 with specifications as per the Patent Transformer Manufacturing & Repairing Company (TMRC) A company manufacturing transformers as per the IS; Technical Proposal/Technical Bid Shall mean the proposal of the Bidder setting out details as set forth in Clause 5.3 and 5.4 of this Document; MGVCL- PATENT NO: 1284/MUM/2005 Page 11

12 Abbreviations EMD: Earnest Money Deposit EoI: Expression of Interest FY: Financial Year HT: High Tension INR: Indian Rupees KVA Kilo Volt Ampere LoI: Letter of Intent LT: Low Tension MGVCL: Madhya Gujarat Vij Company Ltd. O&M: Operations & Maintenance R&M: Repair & Maintenance RFP: Request for Proposal SD: Security Deposit SDT: Specially Designed Transformer TMRC Transformer Manufacturing & Repairing Company GUVNL Gujarat Urja Vikas Nigam Limited DGVCL Dakshin Gujarat Vij Company Ltd PGVCL Paschim Gujarat Vij Company Ltd UGVCL Uttar Gujarat Vij Company Ltd MGVCL- PATENT NO: 1284/MUM/2005 Page 12

13 1. INTRODUCTION Background Information As a part of restructuring of Power Sector, a new Company known as Madhya Gujarat Vij Company Limited was incorporated on 15th September, 2003, by Gujarat Electricity Board (GEB). The Company obtained the Certificate of Commencement of Business on 15th October, MGVCL recognizes that India s Agricultural Sector consumes 30-40% of total electricity, up from 10% during 1970s. This coupled with high inefficiencies in the existing pumping systems has deteriorated the performance of this sector. Energy efficiency through Agriculture Demand Side Management promises immense opportunity in reducing the overall power consumption, improving efficiencies of ground water extraction and reducing the subsidy burden on States without sacrificing the service obligation to this sector. MGVCL has developed an innovative transformer for the agriculture sector with the support of the efficient team of engineers. A patent has been granted to MGVCL for an invention entitled AN INNOVATIVE SINGLE PHASE POWER SUPPLY SYSTEM for the term of 20 years in accordance with the provisions of the Patent Act, 1970 MGVCL now invites bids from interested parties for grant of exclusive and non transferable rights of patent for a period of 5 years. The patent license as is & where is condition shall be granted to the successful Bidder. The Bidder shall have to pay a royalty from the date of taking possession or by entering in to the License & Technical Assistance Agreement. The successful bidder to whom the patent rights will be granted for operation shall be selected on the basis of two covers bidding system viz. 1. Technical Bid 2. Financial Bid The key elements of the proposed Bid document are to grant exclusive rights to the three successful bidders regarding patent no: 1284/MUM/2005 under license and to use the technical information for the manufacturing, use and sale of patented product with all the rights in entire India for the period of five years. However licensor, GUVNL, DGVCL, PGVCL &UGVCL reserves right to use, manufacture, sale, purchase, convert, fabricate or impart the licensed product. MGVCL- PATENT NO: 1284/MUM/2005 Page 13

14 In line with the Gujarat State, other States are also planning to go with the single phase transformer i.e. AN INNOVATIVE SINGLE POWER SUPPLY SDT. Implementation of License and Technical Assistance AGREEMENT shall benefit the successful bidders, Agriculture Consumers all INDIA level. The successful bidders will have right to use the patent, manufacture, market & sale SDT. They shall provide Repair & Maintenance of SDT for tenure of bid of five years. Brief Roles and Responsibilities of the SUCCESSFUL BIDDER/BIDDERS The successful bidder/bidders shall be responsible for OPERATE, MANUFACTURE, SALE THE PATENTED PRODUCT SPECIALLY DESIGNED TRANSFORMER & USE THE PATENT in a right manner with true spirit in India. Support given by MGVCL MGVCL shall grant right to use patent and technical information. SELECTION PROCESS 2. Bidding Process The bidding process would mainly consist of the following stages. i) Issuance of RFP Document ii) iii) iv) Pre-bid conference for SDT Issuance of revised RFP Package (if required) Submission of technical proposal v) Submission of the Financial Proposal vi) vii) Bid Evaluation & Award of LoI Signing of the Contract Agreement MGVCL- PATENT NO: 1284/MUM/2005 Page 14

15 A diagrammatic representation of the bidding process is shown below; Issuance of the RFP Package to the Bidders Pre-Bid Conference for S D T Date: Each interested bidder shall register themselves with queries if any for prebid conference on or before 96 hours Through acecc.mgvcl@gebmail.com Issuance of revised RFP Package, if required Submission of Technical Proposal Submission of Financial Proposal Bid Evaluation Award of LoI to selected Bidder Signing of Contract agreement MGVCL- PATENT NO: 1284/MUM/2005 Page 15

16 The RFP document shall be made available on the websites of MGVCL ( & The bidding process shall be deemed to commence form the time of issue of the RFP document. The purpose of this RFP is to provide Bidders with information regarding the PATENT and in order to assist them in manufacturing SDT as per the PATENT NO 1284/MUM/ A Pre-Bid Conference shall be held by MGVCL on the date as indicated in the Time Table as per clause All interested bidders/parties should register themselves, at least 48 hours before the scheduled date & time of pre-bid conference, the purpose of which shall be to address the concerns of the bidders with respect to RFP The bidders shall submit Technical and Financial Proposals in response to the RFP document on the date as indicated in the Time Table mentioned in clause As a part of the Selection Process, Technical Proposal submitted by interested Bidders in response to RFP, shall be evaluated based on the methodology and evaluation criteria as detailed in the RFP. The Bidders are required to submit their Technical Proposal in the formats placed as Exhibit 1 to 5 and Exhibit 8 & 9 of this document The Financial Proposals of only technically qualified bidders shall be opened and evaluated based on the methodology and evaluation criteria as detailed in this bid document. The information required to be provided by the Bidders submitting their Financial Proposal is placed as Exhibit 6 and 7 of this document The final award for the patent license shall be made by MGVCL to the Bidders short-listed after evaluation of the Financial Proposal The selected Bidders shall be issued the Letter of Intent (LoI) by MGVCL. MGVCL- PATENT NO: 1284/MUM/2005 Page 16

17 3. EVALUATION 3.1 Qualification Criteria for bidders The Bidder shall be a TRANSFORMER manufacturer, or a TMRC, or a PSU/Government Agency working in the area of Power Sector or a consortium of transformer manufacturers Bidders should have adequate technical and financial capability to execute the Bid The Bidder should clearly specify the Lead Member in case of bidding as a Consortium. The Lead Member shall necessarily have the maximum equity participation in the Project; and this equity contribution shall necessarily be more than 51% Bidder must fulfill following minimum financial requirements:- i) Average annual turnover of at least INR 5.0 Cr. over last three years and net worth of at least INR 2.0 Cr. in the last three financial years. ii) iii) For Consortium, the Annual Turnover and Net Worth for each Member Company shall be calculated in proportion to the equity commitment made by each Member Company as per the Consortium Agreement. Bidders shall furnish documentary evidence duly certified by a firm of practicing chartered accountants If the Bid is submitted by a Bidding Consortium, the financial requirement shall be met collectively by all the Members in the Bidding Consortium. The financial requirement to be met by each Member of the Bidding Consortium shall be computed in proportion to the equity commitment made by each of them in the Project as per the Consortium Agreement (Exhibit 8), forming part of its Technical Proposal Bidder other than PSUs / Government agency shall have 15 full time employees with a minimum of two years on permanent payroll. (Applicable for lead member) A transformer manufacturer / each member of the bidding consortium this shall be supported by a notarized undertaking. i) Shall not be involved in any litigation that might compromise the delivery of services required under this contract. MGVCL- PATENT NO: 1284/MUM/2005 Page 17

18 ii) iii) Must not be black-listed by any Central or State Government or any Public Sector Undertaking in India. Must not be black-listed by MGVCL and GUVNL (GEB) & its subsidiaries 3.2. Evaluation of Technical Bids Technical Proposals shall be evaluated based on the following points assigned to different Technical & Financial capabilities of the Bidders. Technical Criteria Sr. Criteria for the Bidders 1 Financial capability (as per clause 3.1.4) 2 Organizational Profile - Manpower / Staffing (as per clause 5.1.6) (This criteria shall be supported in terms of Letter of evidence showing the details of full-time employees duly signed by MD/CEO/Manager of the Bidding company as per Companies Act) 3 Experience:- For TMRC/PSU or Government Agency Agency should have star rated manufacturing units or repairing units worth INR 50 lacs (Letter of completion or Letter of Award and client reference should be provided for the mentioned project). For Transformer Manufacturers Transformer Manufacturers should have 2/3 models two star rated and above. 4 Key Personnel:- The Bidder company should have at least 5 individuals on a full time basis each having experience of five years in power distribution or transformer installation/manufacturing. MGVCL- PATENT NO: 1284/MUM/2005 Page 18

19 For evaluation of Bids submitted by Bidding Company under the criteria- 1 to 4 either the strength of the Bidding Company and/or the consolidated strength of any one of its Promoters/Affiliates may be considered For evaluation of Bids submitted by a Bidding Consortium under the criteria-2, 3, & 4, the consolidated strength of all the Members of the Consortium shall be considered For evaluation of Bids submitted by a Bidding Consortium under the criteria-1 the strength of the Consortium shall be considered in proportion to the equity contribution made by the member companies Evaluation of Financial Bids The financial bids of the technically qualified bidders shall only be opened Bidding parameter for the financial bid shall consist of royalty for use of Patent Rights as per the Exhibit The Bidder who shall propose the HIGHEST royalty shall be the selected for the royalty along with second & third highest bidders. MGVCL will grant the patent rights to THREE BIDDERS with the highest quoted royalty to all three. The selected bidders shall be invited to enter into a contract with MGVCL Any conditional financial proposal may be liable for rejection If for some reason the selected BIDDER and MGVCL fail to agree on a contract, MGVCL may invite the next highest ranked Bidder for negotiations and to enter into a contract and so on until a contract is agreed. MGVCL- PATENT NO: 1284/MUM/2005 Page 19

20 4 INSTRUCTIONS TO BIDDERS The following instructions must be carefully observed by all bidders. Quotations/ tenders not strictly in accordance with these instructions will be liable to be rejected The tender/bid document must be complete in all respects. The following points should carefully be studied in order to ensure submission of a complete and comprehensive tender. Failure to comply with any of these instructions or to offer brief explanation for non-compliance is likely to render effective comparison of the tender as a whole impossible and may lead to rejection of an otherwise competitively highest offer Tenders shall be submitted in duplicate and all copies shall be separately tagged and clearly marked as 'Original' & 'Duplicate' Telegraphic quotations will not be accepted The tenders shall be submitted in three parts i.e. Part-I, Part-II & Part-III. Each part will be enclosed in a separate envelope duly super scribed on the envelope. All the three envelops will be further enclosed in a large envelope Part-I-Earnest Money/Bid Processing fee: Bid Processing Fee i) The Bidder shall pay MGVCL a non-refundable amount of Rs 7500/- [Rupees Sven Thousand Five Hundred], towards processing fee, by way of Demand Draft/ Pay Order, drawn on a Scheduled Bank, in favour of the Madhya Gujarat Vij Company Limited, payable at Vadodara. ii) The processing fee shall be placed in a separate envelope clearly marked as Processing Fee on it. iii) Bids, which are not accompanied by the above processing fee, shall be rejected by MGVCL as non-responsive. iv) The Bidder shall be responsible for all the costs associated with the preparation of the proposal and participation in discussions and negotiations. MGVCL shall not be responsible in any way for such costs, regardless of the conduct or outcome of this process Earnest Money Deposit / Bid Security (EMD) i) Each Bidder shall submit an Earnest Money Deposit (EMD) of an amount Rs. 2,00, (Rupees Two Lacs ] in the form of a Demand Draft only drawn on a Scheduled Bank in favor of the Madhya Gujarat Vij Company Limited, payable at Vadodara. EMD shall be submitted at the time of submitting the bids. ii) EMD shall be placed in a separate envelope clearly marked as EMD on it and submit in hard copy prior to the dead line for submission of bids. MGVCL- PATENT NO: 1284/MUM/2005 Page 20

21 iii) Bids, which are not accompanied by the above EMD, shall be rejected by MGVCL as non-responsive. iv) For unsuccessful Bidders, the EMD shall be refunded within 30 days of official written request to return the same v) For successful Bidder, EMD shall be released on the payment of the Bank Guarantee / Security Deposit. vi) The following shall cause the forfeiture of EMD a. If the Bidder modifies/ withdraws his Proposal except as per the provisions specified in the RFP; b. If the Bidder withdraws hiss proposal before the expiry of the validity period of the Proposal; c. If the successful Bidder fails to sign the Agreement within 15 days of issuance of LoI by MGVCL; 4.6. Part-II-Technical bids: The second part will consist of technical proposal. The Technical proposal would be evaluated according to clause 5.3. The technical proposal should contain Covering letter for technical proposal as per Exhibit Power of attorney in the name of the person authorized to sign the proposal Description of the Bidding Company / Bidding Consortium as per the format specified in Exhibit Letter of Acceptance as per the format specified in Exhibit 3 from all the member companies Letter of commitment as per the format specified in Exhibit Consortium Agreement as per Exhibit Certificate of relationship as per Exhibit Part-III: Financial Bids: The third part will consist of financial proposal/bid. Financial bids would be evaluated as per clause 3.3 of the RFP Firstly the main envelope containing the bids will be opened in the presence of the bidder's representatives who choose to be present at the prescribed time, date and address. After opening the main envelope, the envelope marked Part-I shall be opened first and if the earnest money and bid processing fee is found to be as per the requirement of the specifications, only then the envelope marked Part-II shall be opened. The bids without bid processing fee or earnest money shall be out rightly rejected After opening Part-II of the bids (technical/commercial), the bids will be technically & commercially evaluated by MGVCL. The third part of the bids (Price bid) shall be opened in case of only those firms whose part-ii of the bids after evaluation is found to be conforming to the specifications. The price bids (Part-III) will be opened in the presence of the representative of the qualifying bidders who choose to attend. MGVCL- PATENT NO: 1284/MUM/2005 Page 21

22 4.10 The licensor /MGVCL reserve the right to modify the schedule of requirement, technical particulars and the specifications at any time without assigning reasons. He will not be responsible for and will not pay for expenses or losses that may be incurred by the BIDDER in the preparation of the tenders Quotation/Tenders should be enclosed in double covers both addressed to the C.E. (Tech & Op), MGVCL, Vadodara. Both (inner & outer) covers shall be sealed and super scribed with Tender no. as given in the Tender Notice together with the date on which the tender is due and the items of material covered Quotations/Tenders shall be received in the office of Chief.Engineer (Technical & Operation), MGVCL, Vadodara up to specified hours on the due date given in the tender notice and shall be opened immediately thereafter in the presence of bidder or their agents who may like to be present. In case the due date of opening tenders happens to be a holiday, tenders shall be received and opened at the same time on the next working day The envelope shall provide the name and address of the bidder, and shall be addressed to MGVCL at the address designated and bear the following inscription: Proposal for PATENT LICENSE Name of the Bidder: To CHIEF ENGINEER (Technical & Operation) Madhya Gujarat Vij Company Ltd., Sardar Patel Vidyut Bhawan, Race Course, Fax: Phone: (P) Time Table and Milestones Milestone Date Uploading of RFP document on MGVCL / Web-site / sale of documents :00Hrs Pre-Bid Conference Last date of submission of bids Opening of Technical Bid Document at 1100Hrs Hrs Hrs Opening of Financial Bid Opening Hrs Opening of Technical Proposal The Technical Proposal shall be opened on at 15:00Hrs, at office of C.E. (Tech & Op), MGVCL, Sardar Patel Vidyut Bhawan, Race Course, Vadodara , in the presence of one representative from each Bidder Opening of Financial Proposal Financial proposal of only technically qualified bidders shall be opened The Financial Proposal shall be opened in the presence of one representative from each of the technically qualified Bidder. The date & time will be MGVCL- PATENT NO: 1284/MUM/2005 Page 22

23 communicated separated to each qualified bidder. The details regarding the Financial Proposal, as provided in the Exhibit 7 would be read out Validity of terms of bids Each Proposal shall indicate that it is a firm and final offer, and shall remain valid and open for a period of not less than three months from the last date for submission of the Bids. In exceptional circumstances, MGVCL may solicit the Bidder s consent for extension of the period of validity. A Bidder accepting MGVCL s request for extending the period of validity shall not be permitted to modify its Proposal Language of the Bid The bid and all associated documents shall be in English 4.18 Signature of Bid The person authorized to act on behalf of the Bidder shall sign the completed Bid and all related documentation at each page. MGVCL- PATENT NO: 1284/MUM/2005 Page 23

24 4.20 Other Instructions : Strict adherence to formats, wherever specified, is required. Non-adherence to formats may be a ground for declaring the Proposal non-responsive All communication and information should be provided in writing and in the English language only All the communication and information provided should be legible, and wherever the information is given in figures, the same should also be mentioned in words No change in, or supplementary information to a Proposal shall be accepted after its submission. However, MGVCL reserves the right to seek additional information from the Bidders, if found necessary, during the course of evaluation of the Proposal. Nonsubmission, incomplete submission or delayed submission of such additional information or clarifications sought by MGVCL, may be a ground for rejecting the Proposal The Bids shall be evaluated as per the criteria as specified in this RFP. However, within the broad framework of the evaluation parameters as stated in this RFP, MGVCL reserves the right to make modifications to the stated Evaluation Criteria, which would be uniformly applied to all the Bidders For a Bidding Consortium, the Proposal submitted by the Consortium should contain signed letters submitted by each of the Member Companies, stating that the entire Proposal has been examined and each key element of the proposal is agreed to, as specified in Exhibit For a Bidding Consortium, no change in the membership of the consortium, in responsibilities, or in equity commitments of any Member Company shall be allowed after submission of the bids For a final short listed Consortium, if a change in membership pattern or responsibilities is desired, it must be communicated to MGVCL in writing for its approval. MGVCL reserves the right to reject such a request for change in the Consortium structure, which, in their opinion, adversely affects the consortium strength However, the Lead Member shall not be allowed to change its equity contribution in the Bidder Company/ Companies if it results in its equity holding becoming Less than or equal to 51% A company cannot propose to be member of more than one Consortium for submission of the Bids for the Project. MGVCL- PATENT NO: 1284/MUM/2005 Page 24

25 The Bidder should designate one person with notarized power of attorney to represent the Bidder in his dealings with MGVCL. This designated person should be authorized to perform all tasks including, but not limited to providing information, responding to enquiries, entering into contractual commitments on behalf of the Bidder, etc If any claim made or information provided by the Bidder in the Proposal or any information provided by the Bidder in response to any subsequent query of MGVCL, is found to be incorrect or is a material misrepresentation of facts, then the Proposal may be liable for rejection The Bidder shall be responsible for all the costs associated with the preparation of the proposal. MGVCL shall not be responsible in any way for such costs, regardless of the conduct or outcome of this process MGVCL reserves the right to reject any or all the Proposals without assigning any reasons whatsoever The terms of License and Technical Assistance Agreement shall also be considered which forming a part of the RFP. In case of inconsistency between the conditions of RFP & the Agreement, the conditions of Agreement shall prevail Pre-bid Conference The official representative of the Bidders may attend the pre-bid conference on at 1100 Hrs, but it is mandatory to register for the pre-bid meeting at least 96 hours before the scheduled time of meeting at acecc.mgvcl@gebmail.com with their queries through only. The meeting will take place at the following address: C.E. (Tech & Op) Madhya Gujarat Vij Company Ltd., Sardar Patel Vidyut Bhawan, Race Course, Vadodara The purpose of the meeting will be to clarify any issues regarding the bid process Record notes of the meeting including the text of the questions raised and responses given will be transmitted to all the bidders who were present at the meeting and will also be put on the web-site. The clarifications that could not be furnished during pre-bid conference will be separately communicated to all the purchasers of the RFP Non-attendance at the pre-bid meeting will not be a cause for rejection of a Bidder Enquiries: Clarifications, if any, can be sought from: C.E. (Tech & Op) Madhya Gujarat Vij Company Ltd., Sardar Patel Vidyut Bhawan, Race Course, Fax: , Phone: Place: Vadodara MGVCL- PATENT NO: 1284/MUM/2005 Page 25

26 5 FORMATS FOR SUBMISSION OF BIDS (a). Technical Proposal The Technical Proposal to be submitted by the Bidders shall be organized in the manner specified below: 1 Section 1: a) Covering Letter as per the format specified in Exhibit 1 b) Demand draft for processing fee c) Demand draft for EMD 2 Section 2: a) Description of the Bidding Company /Bidding Consortium as per the format specified in Exhibit 4 a) Letters of Acceptance, as per the format specified in Exhibit 3 from all the Member Companies 3 Section 3: b), Letter of Commitment as per the format specified in Exhibit 2 c) Consortium Agreement as per Exhibit 8 4 Section 4: a) Information Requirements as per the formats specified in Exhibit 5 b) Certificate of Relationship as per Exhibit 9 c) Audited Annual Accounts for the last three years for all the corporate entities that are desired to be considered for evaluation of the Proposal (b). Financial Proposal The Financial Proposal to be submitted by the Bidders shall be organized in the manner specified below: 1 Section 1: Covering Letter as per the format specified in Exhibit 6 2 Section 2: Financial Proposal as per the format specified in Exhibit 7 MGVCL- PATENT NO: 1284/MUM/2005 Page 26

27 EXHIBIT 1: COVERING LETTER FOR TECHNICAL PROPOSAL (The covering letter is to be submitted by the Bidding Company or the Lead Member of a Bidding Consortium along with the Technical Proposal. This should be on the company s letterhead.) Date: C.E. (Tech & Op) Madhya Gujarat Vij Company Ltd., Sardar Patel Vidyut Bhavan, Race Course, Vadodara Place: Dear Sir, Sub: Royalty for license to use the patent in respect of SPECIAL DESIGNED TRANSFORMER (SDT) Please find enclosed our Technical Proposal in respect of the royalty for grant of license to use the patent, in response to the Request for Proposal ( RFP ) document issued by the Madhya Gujarat Vij Company Limited, ( MGVCL ) ---on We hereby confirm the following: 1. This Technical Proposal is being submitted by. [Insert name of the Bidder in accordance with the conditions stipulated in this RFP. 2. We have examined in detail and have understood and agree to abide by all the terms and conditions stipulated in the RFP issued by MGVCL and draft of License & Technical Assistance Agreement in any subsequent communication sent by MGVCL. Our Technical Proposal is consistent with all the requirements of submission as stated in the RFP or in any of the subsequent communications from MGVCL. 3. Our Technical Proposal includes the Letter(s) of Commitment in the format specified in RFP from [Insert name of the corporate entities that are Promoter(s) /Affiliate(s)], who is/are the Promoter(s) /Affiliate(s) as per the conditions stipulated in the RFP, of.(insert name(s) of the Bidding Company / respective Member Companies). 4. Our Technical Proposal includes Letters of Acceptance, consistent with the format as specified in the RFP, from all the Member Companies. (Required only in case of a Bidding Consortium) 5. The information submitted in our Technical Proposal is complete, is strictly as per MGVCL- PATENT NO: 1284/MUM/2005 Page 27

28 the requirements as stipulated in the RFP, and is correct to the best of our knowledge and understanding. We would be solely responsible for any errors or omissions in our Technical Proposal. 6. We as the Bidding Company/ Lead Member, designate Mr./Ms. (mention name, designation, contact address, phone no., fax no. etc) as our representative who is authorized to perform all tasks including, but not limited to providing information, responding to enquiries, entering into contractual commitments on behalf of the Bidder, etc. in respect of the BID. A duly notarized specific power of attorney is enclosed. Signature of Chief Executive Officer / Managing Director Common seal of has been affixed in my/our presence pursuant to Board of Director s Resolution dated WITNESS 1.. (Signature) Name. Designation (Signature) Name. Designation..... Notes: 1.Managing Director/ Chief Executive Officer, being a full time director in the Board of the Bidding Company/ Member of a Consortium For and on behalf of : Signature : (Authorized Signatory): Name of the Person : Designation : MGVCL- PATENT NO: 1284/MUM/2005 Page 28

29 EXHIBIT 2: LETTER OF COMMITMENT (The letter of Commitment to be submitted, along with the Technical Proposal, shall be from the Promoter(s) or Affiliate(s), if any, the strengths of which are desired to be considered for the purpose of evaluation of the Technical Proposal- On the Letterhead of Promoter/Affiliate) Date: C.E. (Tech & Op) Madhya Gujarat Vij Company Ltd., Sardar Patel Vidyut Bhawan, Race Course, Vadodara Place: Dear Sir, Sub: Royalty for license to use the patent in respect of SPECIAL DESIGN TRANSFORMER (SDT) This has reference to the Technical Proposal being submitted by (name of the Bidding Company/Member Company of the Consortium), in respect of Royalty for license to use the patent, in response to the Request for Proposal ( RFP ) document issued by the Madhya Gujarat Vij Company ( MGVCL ), on We hereby confirm the following: 1. We (name of Promoter(s)/Affiliate(s)), have examined in detail and have understood and satisfied ourselves regarding the contents mainly in respect of the following: The Request for Proposal document issued by MGVCL Draft License & Technical Assistance Agreement All subsequent communications between MGVCL and the Bidder, represented by (name of the Bidding Company or of the Lead Member in case of a Bidding Consortium) The Technical Proposal being submitted by (name of the Bidding Company or of the Lead Member in case of a Bidding Consortium). 2. We undertake to support.(name of the Bidding MGVCL- PATENT NO: 1284/MUM/2005 Page 29

30 Company / Member Company, for which the Letter of Commitment is being furnished) as detailed in the Technical Proposal being submitted by... (name of the Bidding Company or of the Lead Member in case of a Bidding Consortium). 3. We therefore request MGVCL to consider our strengths, our experience, and our track record as specified in the Proposal pursuant to the conditions specified in the RFP, for the purposes of evaluation of the Technical Proposal. Signature of Chief Executive Officer / Managing Director Common seal of has been affixed in my/our presence pursuant to Board of Director s Resolution dated WITNESS 1.. (Signature) Name. Designation Signature) Name. Designation..... MGVCL- PATENT NO: 1284/MUM/2005 Page 30

31 EXHIBIT 3: LETTER OF ACCEPTANCE (The letters of Acceptance are to be submitted by the Member Companies of the Bidding Consortium- On the letterhead of the respective Member Companies). Date: Place: To, C.E. (Tech & Op) Madhya Gujarat Vij Company Ltd., Sardar Patel Vidyut Bhawan, Race Course, Vadodara Dear Sir, Sub: BID for Royalty Payments This has reference to the Technical Proposal being submitted by (mention the Lead Member of the Bidding Consortium), as Lead Member of the Bidding Consortium comprising (mention name(s) of the Member Companies) in respect of the Royalty for license to use the patent in response to the Request for Proposal ( RFP ) issued by the Madhya Gujarat Vij Company Limited ( MGVCL ) on, We hereby confirm the following: 1. We (name of the Member Company furnishing the Letter of Acceptance), have examined in detail and have understood and satisfied ourselves regarding the contents mainly in respect of the following: The RFP document issued by MGVCL Draft License & Technical Assistance Agreement All subsequent communications between MGVCL and the Bidder, represented by (Mention name of the Lead Member); and The Technical Proposal being submitted by (name of the Lead Member) 2. We authorize (name of the Lead Member), as the Lead Member and authorize the same to perform all tasks including, but not limited to providing information, responding to enquiries, entering into contractual commitments on behalf of the consortium etc, in respect of this Project. 3. We therefore request MGVCL to consider our strengths, our experience, and our track record as specified in the Technical Proposal pursuant to the conditions specified in the RFP for the purposes of evaluation of the Proposal. For and on behalf of : Signature : (Authorized Signatory) Name of the Person : Designation MGVCL- PATENT NO: 1284/MUM/2005 Page 31

32 EXHIBIT 4: Description of the Bidding Company / Bidding Consortium Name of the Bidding Company / Bidding Consortium: Name of the Lead Member: Sr. Name of the Member Company Proposed % Equity Participation Role Envisaged MGVCL- PATENT NO: 1284/MUM/2005 Page 32

33 EXHIBIT 5: INFORMATION REQUIREMENT FOR TECHNICAL PROPOSAL a) This section specifies information to be provided in respect of all the relevant corporate entities as stated by the Bidder; and only such entities would be considered for evaluation. b) Bidders should attach the Audited Annual Accounts for the last three years of all the corporate entities which would be evaluated under Financial Capability and Experience and Track record in accordance with the information submitted by the Bidder. FINANCIAL CAPABILITY Under this head, either the consolidated financial strength of the Bidding Company / Member Company or the consolidated financial strength of any one of the Promoter(s)/Affiliate(s) of the Bidding Company / Member Company would be considered. 1. Annual Turnover Under this head, the annual turnover (i.e. Sales from core activity) in the year , & of the Bidding Company or the consolidated financial strength of any one of the Promoter(s) of the Bidding Company would be considered. In case of consortium, the financial strength of the Member Company in proportion to the equity commitment would be considered. In the following tables, the corporate entity that is to be considered for evaluation of Financial Capability should be mentioned clearly. [Insert Table A for Bidder being Bidding Company] Particulars of the Company Bidding Company Promoter/Affiliate of the Bidding Company Name of the Company to be considered for Evaluation of Financial Capability Annual Annual Annual Turnover Turnover Turnover (Rs. Cr.) (Rs. Cr.) (Rs. Cr.) MGVCL- PATENT NO: 1284/MUM/2005 Page 33

34 [Insert Table B for Bidder being a Bidding Consortium] Name of Member Company Equity commitme nt in the Project (%) as per Consortiu m Agreement Annual Turnover of Member Company (Rs. Lacs) Annual Turnover Requirement to be met by the Member in proportion to the equity commitment (Rs. Lacs) (Total Turnover requirement * % at Column no. 2 ) (1) (2) (3) (4) (5) Whether the Member meets the Turnover Requirement 1 Yes/No 2 Yes/No Total Turnover 0 Yes/No Whether Promoter/Affiliate being used to meet the Turnover requirement? Insert Yes/No. If Yes, Name of the Promoter/Affiliate. Relationship with Member Company with the Promoter/Affiliate and Turnover of Promoter/Affiliate. 1. Computation of Net Worth = Equity share capital Add: Reserves Subtract: Revaluation Reserves Subtract: Intangible Assets Subtract: Miscellaneous expenditures to the extent not written off and carry forward losses Under this head, the financial net worth for of the latest last three financial years of the Bidding Company or the consolidated financial strength of any one of the Promoter(s) Affiliate(s) of the Bidding Company/Member Company would be considered. In the following table, the corporate entity that is to be considered for evaluation of Financial Capability should be mentioned clearly. MGVCL- PATENT NO: 1284/MUM/2005 Page 34