J&K State Power Development Corporation Limited PARNAI HYDROELECTRIC PROJECT. (3x12.5 MW) BIDDING DOCUMENT FOR

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J&K State Power Development Corporation Limited PARNAI HYDROELECTRIC PROJECT (3x12.5 MW) BIDDING DOCUMENT FOR "ENGINEERING, PROCUREMENT AND CONSTRUCTION (EPC) CONTRACT" SECTION I OF TENDER DOCUMENTS INVITATION FOR BIDS (IFB) (This document is meant for the exclusive purpose of bidding against this Bid Document No. / Specification and shall no t be transferred, reproduced or otherwise used for purposes other than that for which it is specifically issued). J&K State Power Development Corporation (JKSPDC) 1-1

SECTION I OF TENDER DOCUMENTS INVITATION FOR BIDS (IFB) J&K State Power Development Corporation (JKSPDC) 1-2

ABRIDGED INVITATION FOR BIDS (IFB) JKSPDC (A GOVERNMENT OF J&K UNDERTAKING) INVITATION FOR BIDS (IFB) FOR "ENGINEERING, PROCUREMENT AND CONSTRUCTION (EPC) CONTRACT" EXECUTION OF PARNAI HYDRO ELECTRIC PROJECT (3X12.5 MW) OF JKSPDC (A GOVERNMENT OF J&K UNDERTAKING) LOCATED IN DISTRICT POONCH, STATE OF JAMMU & KASHMIR, INDIA (INTERNATIONAL COMPETITIVE BIDDING) NIT No.: JKSPDC / EPC TENDER / 2011 / 07 OF JULY 2011 (Revised) Jammu & Kashmir State Power Development Corporation Limited (herein after called "JKSPDC"), proposes to execute PARNAI HEP (3x12.5 MW) located in Poonch District, State of Jammu & Kashmir, India. JKSPDC invites bids in single drop two part system i.e. Part-I: Techno-Commercial Bid, Part-II: Price Bid from eligible bidders for the EPC execution of PARNAI HEP (3 x 12.5MW) located in Poonch District, State of Jammu & Kashmir Bidding Document shall be on sale from 25th February, 2012 to 9 th March, 2012. Both Part I: Techno-Commercial Bids and Part II: Price Bids shall be received up to 1400 hrs. (IST) on 9 th April, 2012.Part I: (Techno-Commercial Bids) shall be opened on 10 th April,2012 at 10.30 A. M. (IST). Date of opening of Part II: Price Bid shall be intimated separately. For detailed IFB please visit our website www.jkspdc.nic.in or may contact Chief Engineer, JKSPDC Address 18 C/C, CID Wing, Gandhi Nagar Jammu - 180004 on Telephone No. 0191-2432435 or at his office or the office of the Managing Director, JKSPDC Corporate Office Srinagar on telephone No. 0194-2483579. J&K State Power Development Corporation (JKSPDC) 1-3

DETAILED INVITATION FOR BIDS (IFB) JKSPDC (A GOVERNMENT OF J&K UNDERTAKING) INVITATION FORBIDS (IFB) FOR ENGINEERING, PROCUREMENT AND CONSTRUCTION (EPC) CONTRACT EXECUTION OF PARNAI HYDRO ELECTRIC PROJECT (3x12.5 MW) OF JKSPDC LOCATED IN DISTRICT POONCH, STATE OF J&K, INDIA 1.0 General (International Competitive Bidding) NIT No.: JKSPDC/EPCTENDER/2011/07 OF JULY 2011 (Revised) JKSPDC, a Government of J&K undertaking, proposes to execute Parnai HEP (3x12.5 MW) located in Poonch District, State of Jammu & Kashmir, India. JKSPDC invites bids in single drop two part system i.e. Part I: Techno- Commercial Bid &Part II: Price Bid from eligible bidders for the above Project as per the brief particulars of Scope of Work mentioned herein after. 1.1 Scope of Work The brief scope of work is as under: The brief scope of EPC contract shall include Planning, Design & Engineering and execution of Civil & Infrastructure Works; manufacturing, fabrication, assembling, testing, inspection, transportation, supply erection, supervision, Testing and commissioning of Electro Mechanical and Hydro Mechanical equipments as specified hereunder: Civil Works shall comprise (but not limited to) design, engineering, approval and execution of barrage, Intake, Desilting Chamber, HRT, For bay and Penstock including Valve House, Power House, Transformer bay, Tail Race Channel, Switchyard along with Permanent & temporary road infrastructures including supply of all labour, material, equipment, tools & plant etc and all associated works all complete. Hydro Mechanical Works shall comprise of (but not limited to) design, supply, erection, testing and commissioning of gates and valves including hoisting structure, gantry cranes and trash rack, and penstock, Intake, Desilting Chamber including silt flushing arrangement, HRT, Valve House, etc. Electro Mechanical Works shall comprise of (but not limited to) design, engineering, manufacturing, inspection and testing at works, transit insurance, delivery and storage at site (including insurance) erection, testing and commissioning, performance testing at site for Turbines and Generators including all associated auxiliaries for the Power House, Balance of Plant Works, 132kV switchyard, Generator Transformers, Earthing, etc. The work shall also include supply of all embedded parts and other associated works / activities required for completion of above. The contractor shall provide all labour, supervision, J&K State Power Development Corporation (JKSPDC) 1-4

materials, construction equipment, testing and commissioning, performance testing, quality assurance, providing equipment to facilitate testing by JKSPDC, etc. 1.2 JKSPDC intends to finance this Project through commercial borrowings / own resources 1.3 Terms and Conditions of Contract, Tender Documents including Drawings, Detailed Specification and Scope of Work are given in the bidding documents, which are available for examination and sale at the address given below and as per the following schedule: Bidding Document No. : JKSPDC/EPC TENDER/2011/07 of 2011 (Revised) Document Sale : From 25th February, 2012 to 9th March, 2012 during office hours. Cost of Bidding Document : Rs. 50,000 /- (Rupees only) for Indian Bidders and US$1200 (US Dollar 1200 only) per set for Foreign Bidders. Bid Receipt Part-I (Techno-Commercial) & Part II: (Price) Bid: 2012 for both the Bids Up to 1400 hrs of 9 th April, 2012 Bid Opening Part-I (Techno-Commercial) : At 10.30 A.M. of 10 th April, 2012 Date of opening of Part-II - (Price) bid : shall be intimated separately. 1.4 Bid Security All bids must be accompanied by Bid Security for an amount of Rs 100,000,000/- (Rupees Ten Crore) or US Dollars 2,400,000/- as stipulated in the bidding document. The bid security shall, at the Bidder's option, be in the form of a Banker's cheque, irrevocable letter of credit or a bank guarantee. Any bid not accompanied by an acceptable Bid Security in a separate sealed envelope shall be rejected being non-responsive and returned to the tender without being opened. 1.5 Deemed Export Benefits Inviting Bids for "Engineering, Procurement and Construction (EPC) Contract" Execution of Parnai Hydro Electric Project (3x12.5 MW) on International Competitive Bidding (ICB) basis shall be subject to approval of Ministry of Power, Govt. of India and as per extant Foreign Trade Policy of Govt. of India, the domestic supplier of capital goods and spares for this Project are eligible for deemed export benefits. Further, provisions regarding other Government policies / benefits are specified in the bidding documents. J&K State Power Development Corporation (JKSPDC) 1-5

1.6 Qualifying Requirement For Tenders In addition to the qualifying requirements stipulated under Section-II ITB (Instructions to Bidders), the following shall also apply: The pre-qualification will be subject to Applicant s/bidder s fulfillment of the Qualification Criteria set forth and stipulated hereunder, in the prescribed formats as per ITB (Prequalification Forms) & substantiated by authentic and relevant information and details. The Applicant shall be a single entity / sole bidder or a duly constituted Consortium of Bidders comprising of Planning, Design & Engineering company(s), a Civil Works Contractor(s), an E&M Manufacturer or a HM Manufacturer either singularly or jointly. The Consortium can associate such sub contractors as necessary to meet the relevant qualifications. However, the qualifications of only such sub contractors shall be considered who furnish a Joint Deed of Undertaking as per Form No. 13 & Form of Joint Venture / Consortium Agreement as per Form No. 15 of Section VII Part III & with their bid. The Applicant / Bidder should have experience and proven track record in Contract of hydroelectric projects or water resource projects. The Applicant shall have experience and proven track record in construction of hydroelectric projects with responsibility for Planning, Design & Engineering, Civil, Hydro-mechanical and Electro-Mechanical works of the type, magnitude and nature similar to the items listed in Item 1.6.1 and should have financial capacity as listed in Item 1.6.2 hereunder. The bidder shall satisfactorily meet the following Qualifying Criteria:- 1.6.1 Technical Criteria: The Bidder should have undertaken in the preceding 10 (ten) years, with the proof of being in the said business during last five years, the following: 1.6.1.1 Planning, Design and Engineering of a hydroelectric project of capacity 1.6.1.2 Civil Works not less than 30 MW OR Two hydroelectric projects of capacity not less than 18 MW each OR Three hydroelectric projects of capacity not less than 15 MW each Construction of the following structures / components of a hydro power scheme or water resource projects: (i) (ii) A concrete gravity barrage of length not less than 85 M and height not less than 12 m high having minimum discharge capacity of 2000 Cumecs. Head race tunnel/diversion tunnel of not less than 9 sq.m cross-sectional area with minimum combined length of 7km in not more than three segments in the same or different projects. J&K State Power Development Corporation (JKSPDC) 1-6

(iii) Surface/Underground Power House of a single power house of capacity not less than 30 MW. OR Two power houses of capacity not less than 18 MW each OR Three power houses of capacity not less than 15 MW each 1.6.1.3 Electro-Mechanical works (i) (ii) The manufacturer should possess at least 10 years of technological experience in designing and manufacturing of hydro turbine of not less than 15 MW which has been successfully erected/supervised, tested and commissioned with generator at minimum one (1) hydroelectric project during the past seven (7) years. Erection testing and commissioning of minimum two (2) numbers conventional type 132 kv or higher voltage switchyards/ substation with three phase Transformers each having rated capacity of 12 MVA or higher at rated voltage of 132 kv or higher and those should be presently under successful operation. The equipments can be sourced from vendors meeting the qualifying requirements as per section VI. 1.6.1.4 Hydro-mechanical Works (i) (ii) Minimum 7 no of gates of size not less than 10m x 7m, trash rack, gantry crane, trash rack cleaning machine, valves and valve house. Penstock of diameter not less than 1.9m & minimum combined length of 1000m in not more than three segments in the same or different projects. 1.6.2 Financial Criteria 1.6.2.1 Turnover Minimum Average Annual turnover of the last three (3) consecutive years should be INR 180 crore or in equivalent foreign currency either individually by a sole Applicant or collectively by Joint Venture. 1.6.2.2 Net Worth The Net Worth of the applicant and in case of Joint Venture each partner of the Joint Venture should be positive and not less than the amount of its Equity including Share premium in 3 (three) out of preceding 5 (five) financial years. The Net Worth shall be calculated based on subscribed and paid-up Share Capital plus Share Premium plus Free Reserves plus Unallocated balance/surplus amount of Profit & Loss Account less (a) Expenses not written off (b) Accumulated Loss in Profit & Loss Account, if not reduced from Reserves & Surplus. The Revaluation Reserve, Capital Reserve and amount of Intangible assets like goodwill, etc. will not be taken into account while calculating the Net Worth. 1.6.2.3 In case the bidder is not able to furnish its audited financial statements on standalone entity basis, the unaudited unconsolidated financial statements of the bidder can be considered acceptable provided the bidder furnishes the J&K State Power Development Corporation (JKSPDC) 1-7

following further documents on substantiation of its qualification: (i) (ii) Copies of the unaudited unconsolidated financial statements of the bidder along-with copies of the audited consolidated financial statements of the Holding Company. A Certificate from the CEO/CFO of the Holding Company, as per the format enclosed in the bid documents, stating that the unaudited unconsolidated financial statements form part of the Consolidated Annual Report of the company. In case where audited results for the last preceding financial year are not available, certification of financial statements from a practicing Chartered Accountant shall also be considered acceptable. 1.6.2.4 In case a bidder does not satisfy the financial criteria, stipulated at 1.6.2.1 and/ or 1.6.2.3. above on its own, the holding company would be required to meet the stipulated turnover requirements at Cl. 1.6.2.3 above, provided that the net worth of such holding company as on the last day of the preceding financial year is at least equal to or more than the paid-up share capital of the holding company. In such an event, the bidder would be required to furnish along with its bid, a Letter of Undertaking from the holding company, supported by Board Resolution, as per the format enclosed in the bid documents, pledging unconditional and irrevocable financial support for the execution of the Contract by the bidder in case of award. 1.6.3 Working Capital 1.6.3.1 The unutilized line of credit for fund based and non-fund based limits with cash and bank balances including fixed deposits of the bidder as on a date not earlier than 15 days prior to the date of bid opening, duly certified by the Bankers shall not be less than INR 120 Crores (Indian Rupees One hundred and twenty crore only) or in equivalent foreign currency. In case certificates from more than one bank are submitted, the certified unutilized limits shall be of the same date from all such banks. 1.6.3.2 Where another Company of the group acting as the Treasury Centre is responsible for Treasury Management of the bidder having combined credit/ guarantee limit for the whole group, the bidder would be required to provide a Banker's certificate regarding the unutilized line of credit for fund based and non-fund based limits together with cash and bank balances including fixed deposits available to such Treasury Centre. Further, Treasury Centre shall certify that out of the aforesaid limits certified by the bankers', the Bidder shall have access to the line of credit of a level not less than the specified amount at Cl. 1.6.3.1 above. In proof of this, the bidder would be required to furnish along with its bid, a Letter of Undertaking from the Treasury Centre, supported by a Resolution passed by the Board of Directors of the holding company, as per the format enclosed in the bid documents, pledging unconditional and irrevocable financial support for the execution of the Contract by the bidder in case of award. 1.6.3.3 In case the Bidder's unutilized line of credit for fund based and non-fund based limits specified at Cl. 1.6.3.1 above is not sufficient, a comfort letter from one of the bankers specified in the bid documents unequivocally stating that in case the bidder is awarded the contract, the Bank would enhance line of credit for J&K State Power Development Corporation (JKSPDC) 1-8

fund based and non-fund based limits to a level not less than the specified amount to the bidder or to the Treasury Management Centre as the case may be, shall be acceptable. 1.6.3.4 In case of a bid submitted by Joint Venture, the turnover and line of credit shall be considered on a combined manner for all the JV partners and for the net worth, all the partners shall be required to meet individually. However, in case of a JV of holding and/or subsidiary companies, the options at Cl. 1.6.2.3 or Cl. 1.6.2.4 are also available to the bidder. 1.6.4 The evaluation of the financial criteria shall be based on the audited Annual Statement of Accounts for last five financial years ending 2010-11. If for the year 2010-11 Audited Annual Accounts are not ready, Provisional Statement of Accounts certified by the Chartered Accountant carrying out the Statutory Audit shall be enclosed. 1.6.5 Consortium /Joint Venture Applicants / Bidders In case a single entity does not meet the requirements of the qualifying criteria, it may tie up with other entity/entities, who fully or partly meet the qualifying criteria, either as a consortium partners or in joint venture or as sub contractors. In case of Consortium/Joint Venture Applicants/Bidders, Consortium partners must comply with the following minimum qualifying requirements: i. The Consortium /Joint Venture formed by the Applicant/Bidders should nominate a lead partner. The participation of the lead partner shall be more than 50% and participation of each other partner shall be more than10% of the contract value except in the case of partner in Planning, Design & Engineering company which can be less than 10%. ii. The Lead Partner of the Applicant (Consortium/Joint Venture) shall fully meet the following requirement: Average annual turnover not less than 50% of the criteria given in 1.6.2.1 and Experience as mentioned in Qualifying Requirement specified in 1.6.1.2 iii. Other partner(s) of the Consortium/Joint Venture shall individually meet one or more of the Technical Experience criteria not met by the Lead partner as under: (a) i.e. criteria for Planning, Design and Engineering to meet the specific technical criteria as consortium or joint venture partner or sub-contractor (s) proposed by Lead partner. (b) i.e. criteria for Electro-Mechanical Works to meet the specific technical criteria as consortium or joint venture partner or sub-contractor(s) proposed by Lead partner. (c) i.e. criteria for Hydro-Mechanical Works to meet the specific technical criteria as consortium or joint venture partner or sub-contractor (s) proposed by Lead partner. iv. All the partners of the Consortium /Joint Venture should individually fulfill the Turnover, Profitability, Net Worth and Working Capital criteria specified in the Cl. 1.6.2.1 and Cl. 1.6.3 proportionate to their participation in Consortium J&K State Power Development Corporation (JKSPDC) 1-9

/Joint Venture. 1.6.6 The Consortium/Joint Venture to collectively satisfy, as a whole, technical as well as financial requirements specified. 1.6.7 The composition of the Consortium/Joint Venture and role and responsibility of each constituent, the proposed participation share of each partner along with items of work to be executed by each partner shall be brought out expressly. 1.6.8 In case of Consortium/ Joint Venture Bid, the Bidder shall provide, along with his bid, a Consortium /Joint Venture Agreement, as per the format enclosed in the bid document in which the partners of the JV are liable to the JKSPDC to perform all the contractual obligations in respect of successful performance of the respective portion of work. 1.6.9 The Lead Partner and all the other partner(s) of the Consortium/ Joint Venture shall be jointly and severally responsible for complete execution of the project under the Umbrella/Overall Agreement. The other sub contractors responsible for Design & Engineering Works, E&M Works (if not lead partner) and/or HM Works shall be liable to the Consortium/JKSPDC with limited responsibilities for the scope of their work. 1.6.10 The Applicant proposing to execute works in association with sub-contractor(s) for Planning, Design & Engineering, Electromechanical works, Hydro mechanical works shall be required to submit along with his bid a Joint Deed of Undertaking with the proposed sub-contractor(s) to confirm association of the sub contractors for the successful performance and completion of that work. Further, in case of award, these sub-contractor(s) will be required to furnish an additional performance bank guarantee of value equivalent to 10% of their portion of work value in addition to the normal Performance Bank Guarantee to be submitted by the Applicant. The bidder can associate with only one sub contractor for each of the activities for 1.6.1.1, 1.6.1.3(i), 1.6.1.3(ii), 1.6.1.4(i) and 1.6.1.4(ii). However a subcontractor can associate with more than one bidder / bidding consortium as sub contractor. Notes: The consortium member can participate in one consortium only; in case a member participates in more than one consortium the offer of both the bidding consortium will be rejected. i. The qualifying works at 1.6.1.1, 1.6.1.2(i), 1.6.1.2(ii) and 1.6.1.2(iii) can be from the same or different projects. The experience required as per 1.6.1.3(i) and 1.6.1.3(ii) can be in the same or separate Turbine-Generator sets. The experience required as per 1.6.1.4(i) and 1.6.1.4(ii) can be in the same or different projects. ii. For the purpose of qualifying criteria, the following would also apply: a. Planning, Design and Engineering A hydro electric project of which is not substantially completed but has been under construction for more than two years would be deemed to qualify for the purpose of the evaluation of the qualifying criteria J&K State Power Development Corporation (JKSPDC) 1-10

b. Civil Construction A project in which the above criteria are met even though the entire contract is not completed/ closed or the project commissioned. c. If the qualifying work is completed in the ten (10) years period specified above even if it has been started earlier, the same will also be considered as meeting the qualifying requirement. iii. Under para 1.6.1.2 (i) the constructed height of 12 m shall be in a single contract measured along vertical axis between the two points (crest to foundation level). iv. In case of an Applicant Company, formed after merger and/or acquisition of other companies, past experience and other antecedents of the merged/acquired companies will be considered for prequalification of such Applicant Company provided such Applicant Company continues to own the requisite assets and resources of the merged/ acquired companies needed for execution and successful implementation of the work package put to tender. Similarly, if the Applicant Company is a subsidiary company and produces a documentary evidence of having had the support of and access to the assets and resources of a Parent Company for execution of Electro-mechanical works similar to the work package under consideration and the same is guaranteed by such Parent Company for this work package through a Corporate Guarantee to the satisfaction of the Owner, past Experience and Financial Capacity of such Parent Company will be considered for pre-qualification of such Subsidiary Company. Fully Owned Indian subsidiaries of reputed foreign companies may also bid own the basis of credentials and experience of their parent company against support from the parent company. The applicant must enclose the documentary evidence of having the support and access to the resources of the parent company for this work. Experience and financial capacity of such parent company and its group of companies shall be considered for pre qualifications of such subsidiary company. For the purpose stated herein above in this clause, Parent Company shall mean the Holding Company owning majority (more than 50%) shares of such Applicant (Subsidiary) Company. Similarly by extension of this interpretation, if A is owned by a Holding Company B which in turn is owned by another Holding Company C, then C is construed as the Parent Company of A as well and so on. v. The Applicant shall fill in the prescribed formats as per ITB with respective experience that meet the criteria set forth above and shall attach a copy(ies) of the following as evidence: a. Successful Commissioning/ Completion/ Reference Certificate/Contract Agreement copy issued by the respective Project Authorities/ Owner. b. Detailed communication address with contact number of the concerned Project Authority / Owner. vi. For the purpose of compliance to the stipulated turn over criteria given in clause no.1.6.2.1 the turn over from Joint Venture(s) in proportion to bidder's / proposed JV partner(s) share as declared in the Joint Venture agreement, shall also be considered. J&K State Power Development Corporation (JKSPDC) 1-11

vii. Other income shall not be considered for arriving at annual turnover. viii. For unutilized line of credit for fund based and non-fund based limits and turnover indicated in foreign currency, the exchange rate as on seven (7) days prior to the date of bid opening shall be used. ix. JKSPDC reserves the right to reject any or all bids or cancel / withdraw the Invitation for Bids without assigning any reason what so ever and in such case no bidder / intending bidder shall have any claim arising out of such action. x. A complete set of Bidding Documents may be purchased by any interested bidder on submission of a written application and payment (non-refundable) of the cost of the Bidding Documents as mentioned at Clause 1.3 above in the form of a Crossed Account Payee Demand Draft in favour of JKSPDC, Srinagar. Issuance of Bidding Documents to any bidder shall not construe that such bidder is considered to be qualified. Bids shall be submitted and opened at the address given below in the presence of bidder's representatives who choose to attend the bid opening. Address for communication: Managing Director J&K State Power Development Corporation Ltd, Hotel Shaw INN, Boulevard, Srinagar-190001 E-mail: jkspdc@gmail.com J&K State Power Development Corporation (JKSPDC) 1-12