SECTION I INSTRUCTIONS TO RESPONDENT UNDERTAKING ENERGY EFFICIENCY (EE)/ENERGY CONSERVATION (EC) PROJECTS, RELATED ACTIVITIES WITH EESL. RfE Package No: EESL/05/2013-14/EMPANELMENT/ Dated 17.05.2013 Energy Efficiency Services Limited (EESL) invites applications for Empanelment of agencies for various functional areas for undertaking Energy Conservation/Energy Efficiency projects, related activities and services with EESL for a period of (02) year. The empanelled agencies shall be considered for Energy Efficiency (EE)/Energy Conservation (EC) projects in the sectors of public buildings, municipal sector, agriculture sector, industries, CSR and Sustainable Development either on upfront procurement basis or on ESCO savings mode (guaranteed or shared savings). The empanelment shall initially be for a period of two year, extendable for further period of one year based on performance. Performance of empanelled agencies shall be reviewed from time to time. Any agencies not meeting the satisfactory performance criteria shall be de-empanelled. All the statutory obligations, as applicable, shall be complied with by the contractor. Respondents interested for Empanelment with EESL should meet the technical and financial qualification as mentioned in the Qualifying Requirement of this Empanelment RfE. INSTRUCTIONS TO THE RESPONDENT 1.1 The RfE (Request for Empanelment) documents shall includes the following: Section I INSTRUCTIONS TO RESPONDENT. Section II EMPANELMENT PACKAGE NO. & DETAILS Empanelment Package #1. EESL/05/2013-14/EMPANELMENT/AC/01 various Air-Conditioning systems for Energy Conservation/Energy Efficiency projects, related activities Empanelment Package #2. EESL/05/2013-14/EMPANELMENT/FAN/02 Empanelment Package #3. EESL/05/2013-14/EMPANELMENT/LES/03 Empanelment Package #4. EESL/05/2013-14/EMPANELMENT/VFD/04 and services with EESL Empanelment of agencies for supply and/or installation of various FAN products for Energy Conservation/Energy Efficiency projects, related activities and services with EESL various capacity lighting energy savers for Energy Conservation/Energy Efficiency projects, related activities and services with EESL various capacity latest technology medium voltage (MV) variable frequency drives (VFD) for energy savings in industrial motors for Energy Conservation/Energy Efficiency projects, related activities and services with Page 1 of 7
EESL Empanelment Package #5. EESL/05/2013-14/EMPANELMENT/LED Lights/05 Empanelment Package #6. EESL/05/2013-14/EMPANELMENT/EE Lighting/06 Empanelment Package #7. EESL/05/2013-14/EMPANELMENT/Solar/07 Empanelment Package #8. EESL/05/2013-14/EMPANELMENT/Pumps/08 Empanelment Package #9. EESL/05/2013-14/EMPANELMENT/Consultant/09 LED Lighting Systems for Energy Efficiency (EE)/Energy Conservation (EC) projects, related activities and services with EESL Energy Efficient Lighting Systems (T5/T8 FTL systems) for Energy Efficiency (EE)/Energy Conservation (EC) projects, related activities and services with EESL Solar System (viz Solar PV, Solar pumps, Solar LED Lighting System, Solar Water Heaters & Solar based CFL lantern) projects, related activities and services with EESL Energy Efficient Pump Sets (EEPS) for Energy Efficiency (EE)/ Energy Conservation (EC) Projects related to Agriculture functions/muncipal functions/public Buildings Empanelment of Consultants for technical & advisory services tasks for implementation of Energy Efficiency Projects with EESL The respondent is expected to examine all the instructions, forms, terms, specifications and other information in the RfE documents. Failure to furnish all information required by the RfE documents or submission of a bid not substantially responsive to the RfE documents in every respect will be at the respondent s risk and may result in rejection of bid. The respondent has to compulsory submit Section I (Instructions to Respondent) of RfE document and Section II of the RfE documents corresponding to their area of interest for empanelment. Incase respondent is willing to participate for empanelment with EESL for more than one functional area, and then respondent has to submit separate application for empanelment for each area of interest along with separate bid document fee for each empanelment. 1.2 Clarification on RfE Documents A prospective respondent requiring any clarification to the RfE documents may notify the EESL in writing or by cable (hereinafter, the term cable is deemed to include Electronic Data Interchange (EDI), telex or telefax) at the EESL s mailing address indicated below. The EESL will respond in writing to any request for clarification or modification of the RfE documents that it receives no later than ten (10) days prior to the deadline for submission of bids prescribed by the EESL. Written copies of the EESL s response (including an explanation of the query but not identification of its source) will be sent to all prospective respondents those have received the RfE documents. The address of EESL, for communication: Additional General Manager (Tech & Contracts) Energy Efficiency Services Limited, Hall no. 2, 3 rd floor, 15-NBCC Tower Bhikaji Cama Place, New Delhi 110066 Phone: 011-26173275-76 Fax: 011-26173277 Email: ajain@eesl.co.in/nmohan@eesl.co.in Page 2 of 7
1.3 Amendment to RfE documents At any time prior to the deadline for submission of bids, the EESL may, for any reason, whether at its own initiative, or in response to a clarification requested by a prospective respondent, may amend the bidding documents. The amendment will be notified in writing or by cable to all prospective respondents who have purchased the RfE documents and will be binding on them. Respondents are required to immediately acknowledge receipt of any such amendment, and it will be assumed that the information contained therein have been taken into account by the respondent in its bid. In order to afford prospective respondent reasonable time in which to take the amendment into account in preparing their bid, the EESL may, at its discretion, extend the deadline for the submission of bids. 1.4 Cost of tender Documents Interested respondent/consortium of respondent may download the RfE documents from the website www.eesl.co.in or may be purchased from EESL office, situated at Hall no. 2, 3 rd floor, 15, NBCC Tower, Bhikaji Cama Place, New Delhi 110066 between 10:00 hrs and 15:00 hrs on working days from 17.05.2013 to 07.06.2013 on payment of Rs. 2,000/- (Rupees two thousand only). The pre- bid conference on 11.06.2013 at 10:30 hrs at EESL Corporate Office. For the downloaded documents, Tender Cost can be submitted along with the empanelment documents. The payment would be accepted in the form of crossed demand draft/pay order drawn from any scheduled bank, payable at par in New Delhi in favour of Energy Efficiency Services Limited. B. PREPARATION OF BIDS. 2.1 Procedure for Submission of Bid. While submitting the bid (in case RfE documents are downloaded from EESL website), respondent shall submit bid document fee i.e. cost of RfE documents of Rs. 2,000/- in the form of DD/Pay order or Banker s Cheque in favour of Energy Efficiency Services Limited payable at New Delhi along with the bid. However respondent who directly purchase the RfE documents from EESL can do so by payment of requisite bid document fee at EESL office in the form of DD/Pay order or Banker s Cheque. The respondent or Consortium of respondent should submit hard copy of the bid in sealed covers giving reference to the RfE Package No. and Date. The respondent shall seal the proposal in one outer and two inner envelopes labeled as Envelope I and Envelope II. All three Envelopes should be marked and contain the details of the offer as follows: Envelope I should contain Bid document fee of Rs. 2,000/- inform of DD/Pay order or banker s cheque issued in favour of Energy Efficiency Services Limited payable at New Delhi. Power of attorney to sign the bid in stamp paper of requisite value. Bidders to use their own format. Envelope II should contain One complete set of RfE documents both Sections I & II including amendments, if any are to be signed by the authorized signatory (authorized through power of attorney) and must be having official seal of the respondent. The respondent has to submit the Section II of the RfE documents corresponding to their area of interest for empanelment. Page 3 of 7
Documents as specified in the Qualifying Requirements. Note: The respondent has to submit the Section II of the RfE documents corresponding to their area of interest for empanelment. Incase respondent is willing to participate for empanelment with EESL for more than one functional area, and then respondent has to submit separate application for empanelment for each functional area along with separate bid document fee for each empanelment. The bid document should be page numbered and appropriately flagged and contain the list of contents with page numbers. The deficiency in documentation may result in the rejection of the bid. 2.2 Cost of Bid The respondent or consortium of respondents shall bear all costs associated with the preparation and submission of its bid, including cost of presentation for the purposes of clarification of the bid, if so desired by the EESL. EESL will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the empanelment process. 2.3 Language of Bids The proposal prepared by the respondent or consortium of respondents and all correspondence and documents relating to the Bid/RfE exchanged by the respondent/consortium of respondents and EESL, shall be written in English language, provided that any printed literature furnished by the respondent/consortium of respondents may be written in another language so long the same is accompanied by an English translation in which case, for purposes of interpretation of the bid, the English translation shall govern. 2.4 Period of Validity of Bid Bids shall remain valid for a period of 180 days after the closing date prescribed by the EESL for the receipt of bids. A bid valid for a shorter period may be rejected by the EESL as being non responsive. In exceptional circumstances, the EESL may solicit the respondent s consent to an extension of the bid validity period. The request and response thereto shall be made in writing thro letters/ e-mails. A respondent granting the request will not be required nor permitted to modify its bid. 2.5 Contents of the RfE/Bid The respondent or consortium of respondent is expected to examine all instructions, forms, terms & conditions and scope of work in the RfE documents. Failure to furnish all information required or submission of an RfE document not substantially responsive to the RfE document in every respect will be at the bidder s risk and may result in the rejection of the bid. 2.6 Disclaimer EESL and/or its officers, employees disclaim all liability from any loss or damage, whether foreseeable or not, suffered by any person acting on or refraining from acting because of any information including statements, information, forecasts, estimates or projections contained in this document or conduct ancillary to it whether or not the loss or damage arises in connection with any omission, negligence, default, lack of care or misrepresentation on the part of EESL and/or any of its officers, employees. 2.7 Authorized Signatory (Bidder or Consortium of bidders) The respondent or consortium of respondents as used in the RfE/ bid document shall mean the one who has signed the bid/rfe documents. The respondent or consortium of respondents should be the duly authorized Page 4 of 7
representative of the respondent/consortium of respondents, for which a certificate of authority/power of attorney will be submitted along with the bid. This should clearly define the authority provided to the authorized representative. Complete bid, all certificates and documents (including reply to any clarifications sought and any subsequent correspondences) shall be furnished and signed on all pages by the authorized representative. The power of attorney or authorization, or any other document consisting of adequate proof of the ability of the signatory to bind the respondent or consortium of respondents shall be annexed to the bid. EESL may reject outright any proposal not supported by adequate proof of the signatory s authority. 2.8 Consortium related conditions The respondent shall have the option to submit the proposal/bid either alone or along with other partner consortium members. Prerequisites for respondent have been specified in qualifying requirement and other parts of the RfE document. The lead partner shall be the sole point of contact for all purposes of the Contract. The lead partner will have the prime and sole responsibility for the execution of the scope of work. Any information/clarification submitted to the lead partner by EESL will mean that the same has been conveyed to all partners. However, respondent or consortium of respondents should not be involved in any major litigation that may have an impact of affecting or compromising the delivery of services as required under this contract. The respondent or any of the partner consortium members should not have been black-listed by any Central / State Government or Public Sector Undertakings. If at any stage of empanelment process or during the currency of the contract, any suppression / falsification of such information is brought to the knowledge, EESL shall have the right to reject the proposal or terminate the empanelment, as the case may be, without any compensation to the respondent. 2.9 Contact details of the respondent or consortium of respondents Respondent or consortium of respondents who wants to receive EESL's response to queries should give their contact details to EESL. The respondent or consortium of respondents should send their contact details in writing at the EESL's contact address. C. SUBMISSION OF BIDS 3.0 Sealing and Marking of Bids All envelopes should be super-scribed with respective envelope nos. 1, 2 or 3 and RfE package no. and date and bid opening date. The two envelopes 1 & 2 properly sealed and placed inside an outer envelope 3, which should also be super scribed with RfE package no. and date & bid opening date. 3.1 Deadline for submission of bids Bids must be received by the EESL at the address specified as under and the bids will be opened at the address and timings as stated below. O/o. Additional General Manager (Tech & Contracts) Energy Efficiency Services Limited, Hall no. 2, 3 rd floor, 15-NBCC Tower, Bhikaji Cama Place, New Delhi 110066 Phone: 011-26173275-76. Fax: 011-26173277 Email: ajain@eesl.co.in/nmohan@eesl.co.in Date of submission of bids: On 20.06.2013 up to 11.00 hrs. Date of bid opening: On 20.06.2013 at 11.30 Hrs. Page 5 of 7
Bids must be received at the address specified above but no later than the time and date stated as above. In the event of the specified date for submission of bids being declared a holiday for the EESL, the bids will be received up to the appointed time on the next working day. The EESL may, at its discretion, extend this deadline for submission of bids by amending the RfE documents, in which case all rights and obligations of EESL and respondent will thereafter be subject to the deadline as extended. 3.2 Late Bids Any bids received by the EESL after the bid submission deadline prescribed by the EESL, will not be opened immediately. However EESL being a new company will keep this empanelment open for two years. In case any party wants to submit the documents even after empanelment process is complete, they can submit the documents in support of Qualifying Requirement along with relevant cost of documents i.e.rs 2000.00. EESL will review all these documents from time to time but at least once in a month and if party qualifies than they will also be empanelled with other parties but for the balance period from the original empanelment period. 3.3 Evaluation & Award EESL will carry out a detailed evaluation of the bids to ascertain the respondent or consortium of respondents qualifying requirements aptness and only thereafter empanelment shall be awarded. 3.4 Prevention of Fraud and Corruption It is the Company s policy to require that prospective implementing agency (whether declared or not), personnel, service providers or suppliers, observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the Company: defines, for the purposes of this provision, the terms set forth below as follows: (i) corrupt practice is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) fraudulent practice is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation; (iii) collusive practices is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party; (iv) coercive practices is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party; (v) obstructive practice a. deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Company investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or b. acts intended to materially impede the exercise of the Company s inspection and audit rights. will reject a proposal for award if it determines that the successful bidder recommended for award, or any of its personnel or service providers, suppliers and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question; will sanction a firm or an individual, at any time, in accordance with prevailing Company s sanctions procedures, including by publicly declaring such firm or individual ineligible, either indefinitely or for a stated period of time: (i) to be awarded a Company financed contract; and Page 6 of 7
(ii) to be a nominated supplier or services provider of an otherwise eligible firm being awarded a Companyfinanced contract. will require that a clause be included in the RFP and in contracts financed by a Company loan requiring successful bidders, and their agents, personnel, service providers or suppliers, to permit the Company to inspect all accounts, records and other documents relating to the submission of proposals and contract performance, and to have them audited by auditors appointed by the Company. Page 7 of 7