Engineering Review, Procurement & Construction Management Services for Phase-II of HP Green R&D Centre at Bengaluru
TENDER DOCUMENT
(Document No : B226-TENDER_DOC-B226-000-24-42-EK-T-7025)
Page 1 of 1449 Click on the Document Title to go to that section of the document Table of Contents Document Number Rev. Document Title Page Number B226- A TENDER DOCUMENT 3 TENDER_DOC- B226-000-24-42-EK- T-7025 B226-000-24-42-EK- C Photovoltaic Solar Power PlantWork for Phase II of HPGRDC 507 T-7025
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HINDUSTAN PETROLEUM CORPORATION LIMITED
PHASE II OF HPCL GREEN R&D CENTRE AT BENGALURU
(BIDDING DOCUMENT NO. KNM/B226-000-EK-TN-7025/1004) (DOMESTIC COMPETITIVE BIDDING)
BIDDING DOCUMENT FOR 2MW AC SOLAR PHOTOVOLTAIC POWER PLANT
VOLUME I OF II (COMMERCIAL PART)
Prepared & Issued by:
Regd. Office : Engineers India Bhawan, 1, Bhikaiji Cama Place, New Delhi - 110066
Page 3 of 1449 MASTER INDEX NAME OF WORK : 2MW AC SOLAR PHOTOVOLTAIC POWER PLANT BIDDING DOCUMENT NO. : KNM/B226-000-EK-TN-7025/1004 (COMMERCIAL SECTION) S.1.1 NO. DESCRIPTION NO. OF SHT. 1. COVER PAGE 01 2. MASTER INDEX 01 3. INVITATION FOR BIDS AND ANNEXURES 07+03 4. a) INSTRUCTION TO BIDDERS 20 b) BID DATA SHEET 03 c) ANNEXURES-I : E-TENDERING METHODOLOGY 03 d) ANNEXURES-II : PURCHASE PREFERENCE (LINKED WITH LOCAL 04+22+02 CONTENT) (PP-LC) 5. BIDDING / PROPOSAL FORMS 20 6. INTEGRITY PACT 01+08 7. BANK GUARANTEE FORMATS 01+23 8. GENER AL TERMS AND CONDITIONS OF WORKS CONTRACT 33 9. SPECIAL CONDITIONS OF CONTRACT (SCC) 34 10. ANNEXURES TO SCC 01 I. KEY CONSTRUCTION EQUIPMENT 04 II. MINIMUM CONSTRUCTION SUPERVISORY PERSONNEL 03 III. QUALIFICATION & EXPERIENCE REQUIREMENT AND PENALTY 01+05 FOR NON MOBILISATION IV. MEASUREMENT OF WORK 02 V. TERMS OF PAYMENT 04 VI. SPECIFICATION FOR QUALITY MANAGEMENT SYSTEM 01 REQUIREMENTS FROM BIDDERS VII. SPECIFICATION FOR DOCUMENTATION REQUIREMENTS FROM 01 CONTRACTORS VIII.A) HPGRDC ON-SITE CONSTRUCTION SAFETY MANUAL AND 01+140 PROCEDURES VIII.B) HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT 01+102+02 VIII.C) SPECIFICATION FOR SCAFFOLDING SYSTEM AND GUIDELINES 11 FOR SAFETY SIGNAGE, POSTERS, BANNERS AND PERSONAL PROTECTION EQUIPMENTS (PPE’s) IX. FORMATS 06 X. DELETED XI. DELETED XII. FORMAT FOR SUB-CONTRACTOR. 01+01 XIII. CALIBRATION REQUIREMENT AT SITE 01+05 XIV. SPECIAL TERMS & CONDITIONS WITH REGARD TO LABOUR LAW 08+01 COMPLIANCE XV. CONDITIONS FOR ISSUE AND RECONCILIATION OF MATERIALS 01+09 11. PRICE PART / SCHEDULE OF RATES 01 i) PREAMBLE TO SCHEDULE OF RATES 01 ii) SCHEDULE OF PRICES (FORM SP-0 REV.0) 03 TECHNICAL SECTION (Please refer Technical Part of Bidding Document)
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Page 4 of 1449 DOMESTIC NOTICE FOR INVITATION FOR BIDS (IFB) FOR 2MW AC SOLAR PHOTO VOLTAIC POWER PLANT FOR PHASE II OF HPCL GREEN R&D CENTRE AT BENGALURU BIDDING DOCUMENT No.: KNM/B226-000-EK-TN- 7025/1004 (DOMESTIC COMPETITIVE BIDDING)
1.0 INTRODUCTION M/s. Hindustan Petroleum Corporation Limited (HPCL) is a Maharatna Public Sector Undertaking, involved in Refining, Marketing and Distribution of Petroleum products. HPCL has established Phase-I of its Green R&D Centre at KIADB Industrial Area, Tarabanahalli, Devangundi, Hoskote, Bengaluru- 560067 for carrying out research in the areas of petroleum, catalyst/additives, bio fuels, crude etc. HPCL now intends to establish Phase- II of its „Green Research & Development Centre‟ (HPGRDC) on approx. 20 acres of land for carrying out research for development of petrochemicals, new products/processes, Engine testing, alternate energy & green technologies. Phase-II development includes construction of new laboratory buildings, extension of existing facilities, utilities and associated infrastructure works. HPCL has appointed Engineers India Limited (EIL) as Engineering Review, Procurement & Construction Management (EPCM) Consultants for construction of Phase II of HP Green R&D Centre, Bengaluru. EIL on behalf of HPCL invites e-bids (Through Government of India‟s Central Public Procurement portal https://eprocure.gov.in/eprocure/app) for Execution of “2MW AC Solar Photovoltaic Power Plant” under single stage two part system (Part-I: Techno-commercial Part & Part-II: Price Part) from competent agencies meeting the Bidder‟s Qualification Criteria (BQC) as stated under para 5.0 below.
2.0 BRIEF SCOPE OF WORK The Brief Scope of work shall include but not limited to Design, Engineering, Procurement, Transportation to site, Supply, Fabrication, Construction, Inspection, Testing, Pre- commissioning, Commissioning, performing Performance guarantee test run and 10 years‟ Operation & Comprehensive maintenance of Solar PV Power Plant feeding minimum 2 MW 3-phase AC power at 11kV level into the Owner‟s 11kV electrical system with Zero-Export Model throughout the period of 10 years of Operation and Comprehensive Maintenance starting from the date of acceptance of the installed plant by Engineer in Charge. The detailed scope of work is specified in Bidding Document including Technical Part, Schedule of Prices/Rates etc.
3.0 TIME PERIOD: Execution Phase: Time schedule for completion of all works including PGTR shall be 05 (Five) Months from the date of issue of Letter of Acceptance (LOA) / Purchase Order, whichever is earlier.
OCAM Phase: Operation and Comprehensive Annual Maintenance (OCAM) of the system supplied and installed by the contractor in Execution Phase shall be for a period of 10 years from the date of completion of the Execution Phase and acceptance of the works by Engineer in-Charge.
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Page 5 of 1449 4.0 SALIENT FEATURES OF BIDDING DOCUMENT Sl. No. SALIENT FEATURES : DETAILS a) Bidding Document and : From 07.02.2020 to 02.03.2020 upto 1200 subsequent Addendum/ Hrs. (IST). Corrigendum (if any) available on Web-site for viewing and downloading b) Pre-bid meeting date, time and : At 10:30 Hrs. (IST) on 19.02.2020 at venue Hindustan Petroleum Corporation Limited HP Green R&D Centre Kiadb Industrial Area Tarabahalli, Devangonthi Bengaluru – 560067 Tel. No.: +91-80-28078593 c) Last date of Receipt of : 2 days before the Pre bid meeting date Bidder‟s Queries for Pre-Bid Meeting d) Earnest Money Deposit : Rs. 15.25 Lakh (Rupees Fifteen Lakh Twenty (EMD)/ Bid Security Five Thousand Only) Refer clause no. 18.0 of ITB for further details. e) Last date and time of : Original EMD shall be submitted by the bidder submission of Earnest Money on or before the final bid due date and time of Deposit (EMD) / Bid Security e-bid submission and a copy shall be in Original uploaded in the designated place in e- procurement portal. Original EMD in physical form to be submitted at the following address: Receipt section Engineers India Limited EIL Office Complex, Sector-16 (On N.H.-8) Tower-2 (Ground Floor), Gurugram -122 001, Haryana (India) Kind. Attn. Mr. K.N. Mahapatra, Sr. GM (SCM) f) Last date and time of : Up to 12:00 Hrs. (IST) on 02.03.2020 submission of e-Bids (Bid Due Date) g) Opening of Techno- : 14:00 Hrs. (IST) 03.03.2020 commercial Unpriced Bid h) e-Tendering portal for : Central Public Procurement Portal website: submission of e-bids https://eprocure.gov.in/eprocure/app i) Opening of Priced Bids : Date & time to be intimated later on to the technically & commercially qualified and acceptable bidders. If any of the dates indicated at sl. no. (e) & (g) above happens to be a declared holiday in EIL, Gurugram, the next working day shall be implied. 4.1 The Detailed IFB along with Complete bidding document can be viewed/ downloaded from the website: https://eprocure.gov.in/eprocure/app. However, Information about the location of the Bidding Document shall also be available on HPCL website https://etender.hpcl.co.in and EIL website http://tenders.eil.co.in. e-Bids are required to be submitted through Government of India‟s Central Public Procurement portal https://eprocure.gov.in/eprocure/app only, on or
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Page 6 of 1449 before the Bid-Submission Date & Time. In order to perform e-procurement activities, the bidders are required to enroll/register themselves at https://eprocure.gov.in/eprocure/app. No enrollment/registration fee would be charged from the bidders for the same. 4.2 Bidding Document along with IFB, all revisions, amendments, time extension, clarifications etc. to the IFB/bidding document shall be uploaded in the websites only and will not be published in newspapers. Bidders should regularly visit the above websites to keep themselves updated and submit their Bids based on latest information. 4.3 No Manual Bids/Offers shall be permitted. The offers submitted through the designated e- tendering system shall only be considered for evaluation & ordering. Bids submitted in physical form or sent in any other form such as through Fax / E-Mail / CD/DVD/Pen Drive etc. shall not be accepted. 4.4 Bidders to please refer the Annexure – I to Instructions to Bidders of Bidding Document regarding E- Tendering guidelines. 4.5 Details for bidder‟s representative for attending pre-bid meeting (Name, Mobile, Laptop if any) must be communicated to EIL/HPCL atleast 2 working days in advance for making arrangements. 4.6 Format for authorization for attending pre-bid meeting/Unpriced/Price Bid opening is attached as Annexure-III to IFB.
5.0 BIDDER’s QUALIFICATION CRITERIA (BQC): Bidder shall fulfill the following Qualification Criteria in order to qualify for subject work: 5.1 EXPERIENCE /TECHNICAL CRITERIA: The Bidder should have carried out and completed the following during the last 7 years ending last day of the month previous to the one in which applications are invited: 5.1.1 At least “One work” of Design, Engineering, Supply, Installation, Testing & Commissioning of grid connected Solar Photo Voltaic (SPV) Power Plant of capacity 1.6 MW AC or higher, having power evacuation at 6.6 kV or above voltage level and which has been in operation for a period of minimum One (1) year after commissioning. 5.1.2 At least “One work” of Design, Engineering, Supply, Installation, Testing & Commissioning of Solar Photo Voltaic (SPV) Power Plant, including synchronization of the plant with DG system and grid power at any voltage level. 5.1.3 Minimum One (1) year of Operation and Maintenance of a Photovoltaic Solar Power Plant of capacity 1.6 MW AC or higher. Note: In case more than one Orders/ LOAs/ LOIs/ POs are emanating against same enquiry, these Orders/ LOAs/ LOIs/ POs shall be considered as “One work” for evaluation of the credentials of a bidder for meeting that experience criteria. 5.2 FINANCIAL CRITERIA: 5.2.1 ANNUAL TURNOVER Bidder‟s Average annual Financial Turnover during immediate preceding 3 (Three) Financial years shall be at least Rs. 2.40 Crore (Rupees Two Crore & Forty Lakh Only). 5.2.2 NET WORTH The net worth of the Bidder as per the audited financial results of immediate preceding financial year shall be positive. 5.2.3 WORKING CAPITAL Bidder should have minimum working capital equal to Rs. 80.0 Lakh (Rupees Eighty Lakh Only) as per the immediate preceding year‟s audited financial results. In case Bidder is unable to meet the working capital requirement as above, the Bidder can supplement the working capital with a fund based line of credit (LOC) from any scheduled bank in India or a commercial bank having Net worth more than equivalent INR 100 Crore. In
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Page 7 of 1449 such a case, bidder shall furnish a declaration from the bank for availability of unutilized fund based line of credit for the shortfall in working capital below the value as mentioned above, in the format attached as Annexure-I to IFB.
6.0 GENERAL 6.1 Bidder should not be on Holiday / Negative list of Owner/EIL. Bidder shall submit self- declaration in this regard 6.2 Bidder should not be under liquidation, court receivership or similar proceedings. Bidder shall submit self-declaration in this regard. 6.3 Unincorporated Joint Venture/Consortium Bids/Bids from Wholly Owned Subsidiary relying on Parent company‟s experience shall not be accepted. 6.4 Bids may be submitted by: a) a single person/ entity (called sole bidder); b) a newly formed incorporated joint venture (JV) which has not completed 3 financial years from the date of commencement of business; Fulfillment of Eligibility criteria and certain additional conditions in respect of each of the above types of bidders are stated below, respectively: a) The bidders shall fulfill each eligibility criteria on individual basis. b) In case the bidder is a newly formed and incorporated joint venture and which has not completed three financial years from the date of commencement of business, then either the said JV shall fulfill each eligibility criteria or any one constituent member/ promoter of such a JV shall fulfill each eligibility criteria. If the bid is received with the proposal that one constituent member/ promoter fulfils each eligibility criteria, then this member/ promoter shall be clearly identified and he/it shall assume all obligations under the contract and provide such comfort letter/guarantees as may be required by Owner/EIL. The guarantees shall cover inter alia the commitment of the member/promoter to complete the entire work in all respects and in a timely fashion, being bound by all the obligations under the contract, an undertaking to provide all necessary technical and financial support to the JV to ensure completion of the contract when awarded, an undertaking not to withdraw from the JV till completion of the work, etc. 6.5 Bidder shall furnish all relevant documentary proof of fulfilling the “Bidder Qualification Criteria” as mentioned in above clause. a) Bidder shall complete and submit the Proven Track Record Pro-forma (i.e. Form-D of Proposal Forms) enclosed with the bidding document along with associated documentary evidence such as copies of purchase orders, power purchase agreements, Inspection Release Notes (IRN), completion certificates, performance certificate etc. to establish that the bidder meets the Bidder Qualification Criteria as per clause no. 5.1. b) Bidder shall submit complete annual reports containing audited balance sheets and profit & loss accounts statement and other schedules etc. for the immediate preceding three financial years etc. to establish that the bidder meets the Bidder Qualification Criteria as per clause no. 5.2. c) HPCL/EIL reserves the right to complete the evaluation based on the details furnished and/or in-house data without seeking any additional information. d) For working capital requirement, in case Bidder opts for supplementing the working capital with a fund based line of credit as per requirement specified in Financial Criteria above, the Bidder shall furnish the declaration letter from the Bank for availability of line of credit. Failure to meet the Qualification Criteria will render the Bid to be summarily rejected. Therefore, Bidder shall in his own interest furnish complete documentary evidence in the first instance itself along with their bids, in support of their fulfilling the Qualification Criteria as given above.
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Page 8 of 1449 6.6 Experience of only the bidding entity shall be considered unless otherwise specified in the bidding document. A job executed by a bidder for its own plant/projects cannot be considered as experience for the purpose of meeting requirement of experience criteria / BQC of the tender. However, jobs executed for Subsidiary/Fellow subsidiary/Holding company will be considered as experience for the purpose of meeting experience criteria / BQC subject to submission of tax paid invoice(s) duly certified by Statutory auditor of the Bidder towards payments of statutory tax in support of the job executed for Subsidiary/ Fellow subsidiary/Holding company. Such bidders shall submit these documents in addition to the documents specified in the bidding documents to meet “Experience Criteria/BQC”. However, a job executed by the bidder for any client on "BOOT" or "BOO" basis to supply solar power to them may be considered as experience for the purpose of meeting requirement of experience criteria / BQC of the tender subject to furnishing the document required as per the bidding document for meeting the BQC. 6.7 A job completed by a bidder as a sub-contractor shall be considered for the purpose of meeting the Experience Criteria / BQC subject to submission of following documents in support of meeting the “Bidder Qualification Criteria”: a) Copy of work order along with schedule of rates and completion certificate issued by main contractor/Owner/PMC. The Completion Certificates shall have details like work order no./ date, brief scope of work, ordered & executed value of the job, completion date etc. b) Copies of completion certificates from the Owner/PMC mentioning that works has been executed by the bidder as a sub-contractor OR a copy of approval by end user/Owner for engaging bidder as a sub contractor. 6.8 In case the last financial year closing date is within 9 Months of Bid Due Date and audited annual report of immediate preceding financial year is not available, bidder has the option to submit the financial details of the three previous years immediately prior to the last financial year. Otherwise, it is compulsory to submit the financial details of the immediate three preceding financial years. Example, In case, audited annual report of immediate preceding financial year (year ending 31st March) is not available and where bid closing date is upto 31ST December, the financial details of the three previous years immediately prior to the last financial year may be submitted. However, in case the bid closing date is after 31ST December, it is compulsory to submit the financial details of the immediate three preceding financial years only. 6.9 In case a Bidder (a parent company) is having wholly owned subsidiaries but only a single consolidated annual report is prepared and audited which includes the financial details of their wholly owned subsidiaries, consolidated audited annual report shall be considered for establishing the financial criteria subject to statutory auditor of the bidder certifying that separate annual report of Bidder (without the financial data of subsidiaries) is not prepared and audited. Further, in case a Bidder is a subsidiary company and separate annual report of the Bidder is not prepared and audited, but only a consolidated annual report of the Parent company is available, consolidated audited annual report shall be considered for establishing the financial criteria subject to statutory auditor of the Parent Company certifying that separate annual report of the Bidder is not prepared and audited. 6.10 AUTHENTICATION OF DOCUMENTS a) Bidders shall submit documents in support of meeting the Bidder Qualification Criteria duly certified by CEO/ CFO/ Company Secretary or any member of the Board of Directors in case of limited companies (Private / Public Limited) CEO/CFO/Company Secretary or any member of the Board of Directors in case of a limited company can either sign all the pages of the documents or submit a certificate signed by them, listing out all the BQC documents / MSE documents submitted in the bid along with basic details, duly referenced. In case of Proprietorship / Partnership firms, the authentication shall be by the
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Page 9 of 1449 proprietor / any two partners and also notarized by public notary on all pages of the documents shall be required. If the above supporting documents are not in English/Hindi language, then the English translation copy of the same shall also be furnished duly certified, stamped and signed by Local Chamber of Commerce or Indian Embassy in their country or bidder‟s Embassy in India or any translator in India recognized/ authorized by bidder‟s Embassy. b) In addition to above, bidder shall furnish an undertaking in the format enclosed as Annexure-II to IFB, from the same authority (authorities) who had signed and authenticated the documents. 6.11 The Institute of Charter Accountant of India at its 379th council meeting dated 17-18th December, 2018 made generation of Unique Document Identification Number (UDIN) mandatory for every signature of full time practicing chartered accountant in phased manner for the following service: a) All certificates with effect from 1st February, 2019. b) GST and Income Tax Audit with effect from 1st April, 2019. c) All audit and Assurance Functions with effect from 1st July, 2019. In view of the above, bidder shall ensure that any certificate/ reports issued/ attested by an practicing chartered accountant in India and submitted in the bid shall mandatorily include the UDIN number. Certificate/ reports issued/ attested without UDIN number of practicing chartered accountant in India shall not be considered for evaluation. This requirement of including UDIN shall not be applicable for certificate/ reports issued/ attested by a chartered accountant practising in foreign country. 6.12 Bidders shall be required to upload the digitally signed authenticated copies of documents for meeting BQC on the e-tendering portal only. In that case, bidders shall not be required to submit the original authenticated documents in physical form. 6.13 Submission of authentic documents is the prime responsibility of the bidder. OWNER/EIL reserves a right of getting the qualification documents cross verified including from the document issuing authority. 6.14 Bidder are required to submit all such past experience (s) (PTR) meeting the BQC along with relevant supporting documents in the first instance itself, along with the bid. Accordingly, only such past experience(s) shall be considered for qualification, details of which are provided in the bid by the bidder in Form-D of proposal forms and subsequently no additional past experience (PTR) shall be sought from the Bidder. However, OWNER/EIL reserves the right of getting the document cross verified, at their discretion from the document issuing authority. OWNER / EIL reserve the right to complete the evaluation based on the details furnished without seeking any additional information. 6.15 Bidders are required to sign and submit the scanned copy of Integrity Pact along with their bid. Bids of bidders who doesn‟t sign and submit the Integrity Pact will not be considered for evaluation. 6.16 In case Bidder(s) affirms that present litigations/arbitrations have impact on their obligations to perform the Contract or doesn‟t provide the affirmations as above, their bids shall be rejected. 6.17 Owner/EIL reserve the right to assess bidder‟s capability and capacity to execute the work using in-house information. 6.18 Bidder may note that Bid shall be submitted on the basis of “ZERO DEVIATION” and shall be in full compliance to the requirements of Bidding Document, failing which bid shall be considered as non-responsive and may be liable for rejection.
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Page 10 of 1449 6.19 Owner/EIL shall not be responsible for any expense incurred by bidders in connection with the preparation & delivery of their bids, site visit, participating in the discussion and other expenses incurred during the bidding process. 6.20 Owner/EIL reserves the right to allow Micro & Small enterprises as well as MSEs owned by SC/ST entrepreneur and MSEs Owned by Women, purchase preference as admissible under the prevailing procurement policy for MSEs as mentioned in the Bidding Document. 6.21 Owner/EIL reserves the right to reject any or all the bids received and to annul the bidding process at its discretion without assigning any reason whatsoever. 6.22 Canvassing in any form by the bidder or by any other agency on their behalf may lead to disqualification of their bid. 6.23 In case any bidder is found to be involved in cartel formation, his bid will not be considered for further evaluation / placement of order. Such bidder‟s EMD will be encashed & also debarred from bidding in future for Owner/EIL. 6.24 For detailed specifications, terms and conditions and other details, refer Bidding Document. 6.25 Clarification, if any, can be obtained from Sr. General Manager (SCM) through Telephone – 0124-3802141 / 2086 E-mail – [email protected] / [email protected].
SR. GENERAL MANAGER (SCM) ENGINEERS INDIA LIMITED, GURUGRAM
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Page 11 of 1449 Annexure-I to IFB
(To be printed on Letter Head of bank)
DECLARATION FROM THE BANK FOR AVAILABILITY OF UNUTILIZED LINE OF CREDIT
Ref:______Date: ______
We ______, a Bank firm having our registered office at address ______and branch at ______here by confirm that the Company M/s ______, having its registered office at ______and their working Office address at ______is having account with our bank.
Presently, the credit limits of the company are as follows:
Fund Based Line of Credit (towards Amount in Working Capital like CC Limit) (Currency______)
Sanctioned Line of Credit
Utilized Line of Credit
Balance Line of Credit
[Bank to specify as applicable]
We declare that we are scheduled bank in India; OR
We declare that we are a commercial bank having Net worth more than equivalent INR 1000 Million as per latest audited financial statements.
Yours Faithfully,
Signature Name: & Designation: e-mail ID: Mobile Number: Tel (with STD code): Fax number Seal:
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Page 12 of 1449 Annexure-II to IFB SELF-CERTIFICATION I, ______S/o/D/o of ______, working as {CEO/CFO/ Company Secretary or any member of the Board of Directors in case of a limited company or proprietor / any two partners in case of Proprietorship / Partnership firms (indicate, as applicable)} of the Company ______having its registered office at ______certify that all the details including documents pertaining to Bidder Qualification Criteria signed by undersigned vide our offer reference ______against your Enquiry document ______, are true, authentic, genuine and exact copy of its original. It is certified that none of the documents are false/forged or fabricated. All the documents has been submitted with full knowledge of (i) the provisions of the Indian laws in respect of offences including, but not limited to those pertaining to criminal breach of trust, cheating and fraud (ii) provisions of bidding conditions and (iii) Suspension / Banning rules of Owner/EIL, which entitle the Owner/EIL to initiate action in the event of such declaration turning out to be a misrepresentation or false representation. I further certify that further documents, if any, required to be submitted by our company, shall be submitted under my knowledge and those documents shall also be true, authentic, genuine, exact copy of its original and shall not be false/forged or fabricated. I also declare that in case, at a later date, any of the document submitted in our bid referred above is found to be false/forged or fabricated, I, shall be held responsible for the same and EIL/Owner has every right to take action against me and my company, as deemed fit as per law of land and provisions of the bidding documents including ElL/Owner's right to put our company on Suspension/Banning/Holiday list for future business with EIL/Owner.
Specimen Signature of authorized representative
Signature Name & Designation {CEO or CFO or Company Secretary or any member of the Board of Directors in case of a limited company or proprietor / any two partners in case of Proprietorship / partnership firms (indicate, as applicable)}
Notarized by Notary Public (applicable only in case of Proprietorship / Partnership firm)
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Page 13 of 1449 Annexure-III to IFB
PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING PRE-BID MEETING/UNPRICED / PRICED BID OPENING (TO BE SUBMITTED IN BIDDER‟S OWN LETTER HEAD) Date: To Sr. General Manager (SCM), Engineers India Limited R&D Complex, Tower I - First Floor Sector-16, Gurugram, Haryana
NAME OF WORK : 2MW AC SOLAR PHOTOVOLTIC POWER PLANT BIDDING DOCUMENT NO. : KNM/B226-000-EK-TN-7025/1004
Dear Sir, We ______hereby authorize following representative(s) to attend Pre-bid meeting / Un-priced /Price bid opening against above mentioned.
1. Name & Designation ______Signature ______
We confirm that we shall be bound by all commitments made by aforementioned authorised representatives. Yours faithfully, Signature Name & Designation For and on behalf of NOTES:
A. This letter of authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder. B. Not more than one person is permitted to attend techno –commercial un-priced and price bid opening. C. Bidder‟s authorized executive is required to carry a copy of this authority letter while attending the un-priced bid opening and price bid opening and submit the same to EIL.
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Page 14 of 1449 Job No. B226 Instructions to Bidders (ITB) Project : Phase II of HPCL Green R&D Centre at Bengaluru Sheet 1 of 20
INSTRUCTIONS TO
BIDDERS (ITB)
Engineers India Ltd. New Delhi
Page 15 of 1449 Job No. B226 Instructions to Bidders (ITB) Project : Phase II of HPCL Green R&D Centre at Bengaluru Sheet 2 of 20
TABLE OF CONTENTS A GENERAL ...... 3 1.0 SCOPE OF BID ...... 3 2.0 DEFINITIONS...... 3 3.0 ELIGIBLE BIDDERS ...... 3 4.0 CORRUPT & FRAUDULENT PRACTICES ...... 4 B CONTENTS OF BIDDING DOCUMENT ...... 5 5.0 BIDDING DOCUMENT ...... 5 6.0 SITE VISIT ...... 5 7.0 CLARIFICATION OF BIDDING DOCUMENT& PRE-BID MEETING ...... 5 8.0 AMENDMENT OF BIDDING DOCUMENT ...... 7 9.0 CONFIDENTIALITY OF BIDDING/ RFQ DOCUMENT ...... 7 10.0 ACKNOWLEDGEMENT & CONFIRMATION ...... 7 C PREPARATION OF BIDS ...... 7 11.0 COST OF BIDDING ...... 7 12.0 LANGUAGE OF BID ...... 7 13.0 DOCUMENTS COMPRISING THE BID ...... 8 14.0 INTEGRITY PACT ...... 10 15.0 MULTIPLE/ALTERNATIVE BIDS ...... 10 16.0 BID PRICES AND DISCOUNTS ...... 10 17.0 CURRENCIES OF BID AND PAYMENT ...... 11 18.0 BID SECURITY/ EARNEST MONEY DEPOSIT (EMD) ...... 11 19.0 DOCUMENTS ESTABLISHING THE QUALIFICATIONS OF THE BIDDER ...... 13 20.0 PERIOD OF VALIDITY OF BIDS ...... 13 21.0 FORMAT AND SIGNING OF BID ...... 13 D SUBMISSION AND OPENING OF BIDS ...... 13 22.0 SEALING AND MARKING OF BIDS ...... 13 23.0 DEADLINE FOR SUBMISSION OF BIDS ...... 14 24.0 LATE SUBMISSION OF PHYSICAL DOCUMENTS ...... 14 25.0 WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS ...... 14 26.0 BID OPENING ...... 14 E EVALUATION AND COMPARISON OF BIDS ...... 15 27.0 CONFIDENTIALITY...... 15 28.0 ZERO DEVIATION ...... 15 29.0 DEVIATIONS, RESERVATIONS, AND OMISSIONS ...... 15 30.0 DETERMINATION OF RESPONSIVENESS ...... 16 31.0 CLARIFICATION OF BIDS ...... 16 32.0 EVALUATION OF TECHNO-COMMERCIAL BIDS ...... 16 33.0 PREFERENCE TO MICRO OR SMALL ENTERPRISES ...... 17 34.0 OPENING OF PRICE BID ...... 17 35.0 CORRECTION OF ARITHMETICAL ERRORS ...... 17 36.0 CONVERSION TO SINGLE CURRENCY ...... 18 37.0 EVALUATION AND COMPARISON OF PRICE BIDS ...... 18 38.0 CONTACTING THE OWNER/EIL ...... 19 39.0 OWNER/EIL’S RIGHT TO ACCEPT ANY BID, AND TO REJECT ANY OR ALL BIDS ...... 19 F AWARD OF CONTRACT ...... 19 40.0 AWARD CRITERIA ...... 19 41.0 NOTIFICATION OF AWARD ...... 19 42.0 CONTRACT DOCUMENT ...... 20 43.0 COMPOSITE PERFORMANCE BANK GUARANTEE ...... 20
Engineers India Ltd. New Delhi
Page 16 of 1449 Job No. B226 Instructions to Bidders (ITB) Project : Phase II of HPCL Green R&D Centre at Bengaluru Sheet 3 of 20
A GENERAL 1.0 SCOPE OF BID 1.1 In connection with the Invitation for Bid (IFB)/Letter Inviting Bid (LIB), Engineers India Limited (EIL) on behalf of Hindustan Petroleum Corporation Ltd. (HPCL) invites e-Bid(s), under single stage two bid (Unpriced and Price Bid) system, for the entire scope covered under the Bidding Document [hereinafter for the purpose of these instructions collectively referred to as the “WORKS” as specified in Bid Data Sheet (BDS)]. 1.2 Throughout the Bidding Document: (a) “Owner” means Hindustan Petroleum Corporation Limited (HPCL), incorporated in India having its Registered office at Petroleum House, 17,Jamshedji Tata Road, Mumbai - 400020 and R&D Centre at KIADB Industrial Area, Tarabanahalli, Devanagundi, Hoskote, Bengaluru-560067 or their successors or assignees. (b) “Consultant” or EPCM Consultant shall mean Engineers India Limited (EIL), a company incorporated under the Companies Act, 1956 having its registered office at 1, Bhikaiji Cama Place, R.K Puram, New Delhi-110066 (India) and shall include its successors and permitted assignees. (c) except where the context requires otherwise, words indicating the singular also include the plural and words indicating the plural also include the singular; and word written in capital or small letter or where the first letter capital have the same meaning; and (d) “day” means calendar day. (e) The words “un-incorporated Joint Venture (JV)” and “Consortium” have the same meaning. 1.3 It shall be bidder's responsibility to have thorough understanding of the reference documents, site conditions, specifications, scope of work, scope of supply, responsibilities & liabilities included in the Bidding Document. 2.0 DEFINITIONS 2.1 With respect to this document, the following definitions shall apply: i) “Instructions to Bidders” shall mean the documents describing the manner in which Bidder shall prepare and submit his bid. ii) “Letter Inviting Bid” (LIB)/ “Notice Inviting Bid” (NIB)/ “Invitation for Bid” (IFB) shall mean HPCL‟s request to Bidder for a Bid/ Tender together with the Tender Document. iii) “Open enquiry” shall mean Invitation for Bid / Notice Inviting Bid/ Tender and “Limited Enquiry” shall mean Request for Quotation (RFQ) / Letter Inviting Bid (LIB). iv) “Tender” or “Bid” shall mean Bidder‟s offer to perform the Work, in accordance with Bidding/Tender Document. v) “Tender Document” or “Bidding Document” or “Enquiry Document” shall mean the documents issued to the bidder including any subsequent addenda to enable bidder to submit his Bid. vi) “Bid Due Date” shall mean Bid Due Date including it‟s extension, if any. vii) “Bidder” or “Tenderer” shall mean the person or company who receives the Tender Document or Bidding Document and submits Tender or Bid to EIL. 3.0 ELIGIBLE BIDDERS 3.1 A bidder may be a firm or a company, a) who intends to submit Bid, in response to Invitation for Bids (IFB) on Open Competitive basis (Only for Open enquiry).
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b) who have been issued the Enquiry /Tender Document on Limited basis (Only for limited enquiry). 3.2 Notwithstanding the above, a bidder who is on Holiday/Negative/banning list of EIL/Owner on due date of submission of bid/during-the process of evaluation of the bids, the offers of such bidders shall not be considered for bid opening/evaluation/Award. If a bidder is placed on holiday/negative/banning list after opening of priced bids, the offer of the bidder shall be ignored & will not be further evaluated. The bidder will not be considered for issue of order even if the bidder is the lowest (L1). 3.3 Bidder should not be under liquidation, court receivership or similar proceedings. Bidder shall submit self-certificate on their letterhead in this regard. Bidder who is found to be under liquidation or court receivership or similar proceeding as per above declaration, then their offer shall not be considered for further evaluation. 4.0 CORRUPT & FRAUDULENT PRACTICES 4.1 Bidders are required to furnish the complete and correct information/ documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ fake/ forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of earnest money deposit. 4.2 Owner/EIL requires that the Bidder/Vendor/Contractor observes the highest standard of ethics during the execution of contract. In pursuance of this policy, Owner/EIL defines, for the purposes of this provision, the terms set forth below as follows: a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of public official in contract execution; and b. “Fraudulent Practice” means a misrepresentation of facts in order to influence the execution of a Contract to the detriment of Owner/EIL, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive Owner/EIL of the benefits of free and open competition. c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made, manufactured, or false alibi. Something that is not what is purports to be; counterfeit, an imposter. d. “Forgery” means the false making or the material altering of a document with the intent to defraud. A signature of a person that is made without the person‟s consent and without the person otherwise authorizing it. A person is guilty of forgery if, with the purpose to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor (i) alters any writing of another without his authority (ii) makes, completes, authenticates, executes, issues or transfers any writing, so that it purports to be the act of another who did not authorize that act or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to, be a copy of an original when no such original exists. Utters any writing which he knows to be false in a manner specified in (i) & (ii) above. 4.3 Owner may terminate the contract if it discovers subsequently that the Bidder/ Vendor/Contractor had engaged in corrupt practices, or fraudulent practices in competing for the contract. 4.4 The Bidder/Vendor/Contractor is required to execute the “Integrity Pact”, attached in the Bidding Document as a condition precedent to execution of the Contract. 4.5 In case, the information/ document furnished by the Bidder/Vendor/Contractor forming basis of evaluation of its bid is found to be false / fake/ forged after the award of the contract, Owner shall have the right to terminate the contract and get the remaining works executed by a third party at the risk & cost of the Vendor/Contractor and without any prejudice to other rights available to Owner under the contract such as forfeiture of the contract performance bank guarantee, withholding of payment etc.
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4.6 In case, this issue of submission of false/fake documents comes to the notice after execution of the supply/works, Owner shall have full right to forfeit any amount due to the Vendor/Contractor along with forfeiture of the contract performance bank guarantee furnished by the Vendor/Contractor. 4.7 Further, any Bidder/Vendor/Contractor which is found guilty of any corrupt or fraudulent practice or submission of false/fake /forged documents, shall be put on the negative/ holiday list of Owner/EIL debarring them from future business with Owner/EIL for a time period as per prevailing policy of Owner/EIL.
B CONTENTS OF BIDDING DOCUMENT 5.0 BIDDING DOCUMENT 5.1 The Bidding Document (refer its master index for contents) can be downloaded from the e- tendering website and should be read in conjunction with any amendment issued in accordance with Clause No. 8.0 of ITB. 5.2 Although all the details presented in this Bidding Document have been compiled with reasonable care, however, the bidder is expected to examine the Bidding Document, including all instructions, forms, termsand conditions, specifications and drawings in the Bidding Document and Bidder to ensure that the information provided is adequate, clearly understood and it includes all the documents as per Table of Contents. In case of any ambiguity or incompleteness, the bidder must bring it to the attention of EIL/Owner immediately and prior to submission of Bid. 5.3 Bidding document once issued in case of limited competitive bidding is non-transferable. However, in case of Open Competitive Bidding, since the Bidding Document is available for free downloading on the portal, any bidder may submit the Bid and the same shall be evaluated in line with the provisions of the Bidding Document. 6.0 SITE VISIT 6.1 Bidder, if required, may visit and examine the Project Site, its surroundings and familiarise himself with the existing facilities and environment, and obtain for itself on its own responsibility all information that may be necessary for preparing the bidand entering into a contract for execution of the Works. All costs towards the same including the cost of visiting the Site shall be at the bidder‟s own expense. Claims and objections due to ignorance of existing conditions or inadequacy of information will not be considered a reason for extra claim or delay in work at later date after submission of the bid and during contract execution. 6.2 Bidder and any of its personnel will be granted permission by EIL/Owner to enter upon its premises and lands/ Project Site for the purpose of such visit, but only upon the express condition that the bidder and its personnel will relieve and indemnify EIL/Owner and its personnel from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. During such visits the Bidder shall abide by all the rules and regulations, as applicable. Bidder shall refer BDS/IFB for contact details related to site visit. 7.0 CLARIFICATION OF BIDDING DOCUMENT& PRE-BID MEETING 7.1 The enquiry is issued on “Zero Deviation Bidding” basis wherein no post bid correspondence of any nature may be entertained unless otherwise sought by EIL/HPCL. Bidders in their own interest are advised to take part in the pre-bid meeting seriously by issuing their genuine queries and also by attending the pre-bid meeting by their competent personnel. This will help bidder not only to cut short of the evaluation time leading to requirement of shorter bid validity but also enable them to submit their best prices based on the clear techno-commercial scope. 7.2 In order to ensure fruitful discussions during pre-bid meeting, the bidder is requested to submit any queries/ clarification/ information pertaining to Bidding Document, as per the
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proforma enclosed in the bidding document, in writing delivered by hand or by fax / e-mail as per format enclosed in the Bidding Document (FORM-M) so as to reach cut-off date after which, EIL/Owner shall reserve the right not to entertain any queries. The editable soft copies of the queries shall also be e-mailed to enable Owner/EIL to prepare replies to the queries against each query in the same format expeditiously. 7.3 Bidders or their competent authorized representatives are requested to attend the Pre-Bid Meeting so that their queries, if any, related to the Bidding document and Scope of Work etc. can be addressed during the pre-bid meeting to enable the bidder to submit Zero Deviation Bid. 7.4 Bidders shall treat the pre-bid meeting as utmost important for their own interest and depute competent & senior persons to understand the requirement and capable of taking spot decision to sort out all the technical, commercial and legal issues. Bidders are also advised to attend the pre-bid meeting along with their technical, commercial and legal representative, if so desired, to get clarified all issues for submission of “Zero Deviation bid” to meet the project time schedule. 7.5 Bidder may note that Bid shall be submitted on the basis of “ZERO DEVIATION” and shall be in full compliance to the requirements of Bidding Document, failing which bid shall be considered as non-responsive and may be liable for rejection. 7.6 Bidders who are not attending the pre-bid meeting, it shall be considered that the bidder has a clear understanding of the scope, specifications, terms & conditions etc. of the bidding document and does not have any comments/ deviations to the requirements of the bidding document and their offer shall be strictly as per provisions of the bidding document without any deviation/clarification etc. 7.7 Reply to Pre-bid Queries shall be uploaded on e-procurement portal https://eprocure.gov.in/eprocure/app. Reply to Pre-bid Queries shall notbe considered as part of Bidding Document. Any modification/ amendment or any clarification leading to modification to the commercial or technical part of the bidding document shall be issued through amendment/addendum only. 7.8 The bidders may carry their qualification documents in case they desire them to be reviewed by EIL/Owner officials during the pre-bid meeting. 7.9 The bidders are advised to participate in the pre-bid meeting with the following essential documents as per requirement spelt in enquiry, so that the same may be reviewed & discussed during the meeting to avoid any techno-commercial clarifications/ discussions post bid : i. Latest annual report including Profit & loss account. ii. Details of work experience meeting the BQC iii. Technical details, documents, design, filled datasheets as per Scope of Work document. iv. Any other relevant document / details 7.10 Based on the pre-bid discussions, No-deviation form/techno-commercial compliance shall be signed and submitted by the bidders as part of their offer. After pre-bid meeting, no deviation shall be accepted and if any deviation is found in the bid of such bidder, their offer shall be liable to be rejected without raising any technical/ commercial queries. 7.11 Technical/ Commercial queries (TQ/CQ) shall not be issued once the bid have been opened. However, wherever CQ/ TQ are unavoidable, the same shall be raised only once and the cut-off date given for CQ/ TQ replies shall be adhered to. Offers shall be evaluated based on the information available up to cut-off date for CQ/ TQ replies. Bidder shall not submit any Price against TQ/ CQ raised unless specifically sought in writing. Any document submitted with respect to BQC, pursuant to CQ/TQ is required to be submitted as per provision of “Authentication of Documents” in hard copy/Physical form.
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7.12 Extension in bid due date shall not generally be granted. 8.0 AMENDMENT OF BIDDING DOCUMENT 8.1 At any time prior to the deadline for submission of bids, EIL/Owner may, for any reason whether at his own initiative or in response to the clarification requested by the prospective bidder(s), issue amendment in the form of Amendment/ Addendum. 8.2 Any addendum issued shall be part of the Bidding Documents and shall be uploaded on Tender portal. 8.3 To give bidders reasonable time in which to take an addendum into account in preparing their bids, EIL/Owner may extend the deadline for the submission of bids pursuant to Clause No. 23.3 of ITB. 8.4 EIL/Owner may also for any reason issue amendment subsequent to receiving the bids. Any amendment thus issued shall become part of Bidding Document. Bidder shall follow the instructions issued along with Amendment with regard to submission of impact on quoted price / revised price, if any. 9.0 CONFIDENTIALITY OF BIDDING/ RFQ DOCUMENT 9.1 The Bidding Document is and shall remain the exclusive property of the Owner/EIL without any right to Bidder to use them for any purpose except for the purpose of Bidding. 9.2 On no account will any agency who have downloaded the Bidding Document, part with possession thereof or copy or take copies or tracings of any drawing, plan etc. It should be understood that the information therein is confidential, and that the RFQ Documents are therefore being downloaded by bidders in the strictest confidence. 9.3 Bidder shall treat the Bidding Document and contents thereof as confidential. If at any time, during the bid preparation stage, Bidder decides to decline to Bid, Bidder shall intimate through email with the reason for non-participation. 10.0 ACKNOWLEDGEMENT & CONFIRMATION 10.1 After downloading the Bidding Document, bidder shall acknowledge and confirm his intention to bid for the requested item/work on EIL website http://tenders.eil.co.in. 10.2 Bidders should respond to this enquiry either by submitting their bids or by explaining the reason for non-submission of the offer. In case there is no response either way continuously, the bidder shall be liable for suitable action including review of their enlistment with EIL/Owner for that particular item/work.
C PREPARATION OF BIDS 11.0 COST OF BIDDING 11.1 The Bidder shall bear all costs associated with the preparation and delivery of its bid, including costs and expenses related to visits to the site and the EIL/Owner will in no case be responsible or liable for these costs regardless of the conduct or outcome of the bidding process. 12.0 LANGUAGE OF BID 12.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the bidder and Owner/EIL, shall be in the English language. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the English language, in which case, for purposes of interpretation of the Bid, such translation shall govern. 12.2 In the event of submission of any document/ certificate by the bidder in a language other than English or Hindi, the bidder shall get the same translated into English and submit the same after getting the translation duly authenticated by Local chamber of Commerce or
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Indian Embassy in bidder‟s country or their Embassy in India or any translator in India recognized / authorized by their Embassy or any Government authorized translator in India. 13.0 DOCUMENTS COMPRISING THE BID Electronic Bids (e-bid) in two parts i.e. PART-I (Techno-commercial part) & PART-II (Priced part) as detailed below shall be submitted in e-tendering portal in accordance with the instructions and terms & conditions of the Bidding Document. 13.1 PART - I -TECHNO-COMMERCIAL/ UNPRICED BID 13.1.1 Submission of documents on e-tendering portal (a) Master Index/ Table of Contents of the Bidding Document and Amendment/addendum (if any) duly signed and stamped by the bidder in token of having read all parts of the Bidding Document and having accepted and considered the same in preparing and submitting the Bid; (b) Scanned copy of Bid Security / Earnest Money deposit (EMD) (and its original shall be submitted as per clause 13.1.2 of ITB). (c) Scanned Copy of Power of Attorney in favour of person (s) digitally signing the bid that such person (s) is/are authorised to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder. For proprietorship agency, it should be clearly specified in the Bidder‟s letter head that it is a proprietary firm and the Bidder is the sole owner. For partnership firm, power of attorney by all other partners in the name of the partner who will sign their offer. (d) In case of bids submitted by a JV, shall include a copy of the Joint Venture Agreement entered into by all members; (e) Integrity Pact in accordance with Clause 14.0 of ITB (Bidder to indicate “Bidding document number” and “name of work” in the integrity pact). The bidder shall submit the same format of signed integrity pact duly filled in, signed & stamped by authorised signatory of bidder. (f) Bid Form & Information about bidder in accordance with relevant forms provided in Bidding Forms (FORM-A & B); (g) Scanned copy of certified/authenticated documents towards proof of meeting Bidder Qualification Criteria (Technical and Financial) (h) Copies of documents defining constitution or legal status, place of registration and principal place of business of the Company. Organization details i. In case of a proprietorship firm, the name and address of proprietor and certified copy of Bank Account Details. ii. In case bidder is a partnership firm, certified copy of the partnership deed. iii. In case of company (whether private or public), certified copy of the „Certificate of Incorporation' together with certified copy of Memorandum/Articles of Association (i) Commercial Questionnaire as per forms provided in Bidding Forms (FORM-C); (j) Compliance to Bid requirement as per forms provided in Bidding Forms (FORM-E); (k) Check List of submission of bid as per forms provided in Bidding Forms (FORM-H); (l) Bank Mandate Form duly signed and stamped as per relevant forms provided in Bidding Forms (FORM-I); (m) Details of P.F. and ESI Registration as per forms provided in Bidding Forms (FORM-L);
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(n) Unpriced copy (without price) of Schedule of Rates/Prices (available in the .xls format on Tender portal) indicating „Quoted‟ in place of the rates/price in the “Price” column and „NQ‟ for “not quoted”; (o) Self declaration as per forms provided in Bidding Forms (FORM-G) (p) Compliance to requirement of pan no., tax residency certificate and form no.10F as per relevant forms provided in Bidding Forms (applicable for foreign bidder in case of services in India is required as per scope of Bidding document); (q) Any other document required as per, Technical Specifications ; and (r) Any other document required in the BDS. Note: The above shall be uploaded in “PREQUAL/ TECHNICAL” folder in e-tendering portal. 13.1.2 SUBMISSION OF DOCUMENTS IN ORIGINAL The following documents shall be submitted in original on or before the bid due date and time for submission of Bids or any extension thereof as duly notified in writing by EIL, at the address mentioned in BDS/IFB: (a) Bid Security (EMD) or exemption certificate in accordance with clause No. 18.0of ITB. For marking and submission of EMD, bidder to refer clause no. 22.0 of ITB. 13.2 PART-II (Priced Bid) 13.2.1 This Part shall contain duly filled in Schedule of Rates/Price at the designated place of the e- tendering website as per Bid Data sheet. 13.2.2 Percentage/Rates/Amounts must be filled in excel file of the Summary of Prices/Schedule of Rates/Price after downloading the same file uploaded in the e-tendering website as .xls file. 13.2.3 Bidder shall download the SOR/SOP file available as a .xls file, fill these forms and then shall upload the SOR/SOP file at the designated place of the CPP Portal in their Price bid without making any changes in the format/name of file/worksheet. 13.2.4 The format of the files uploaded by bidder in .xls file of Schedule of Rates/Prices should be the same as the format of the files available in the e-tendering website. Note: 1. Part-II shall be uploaded in “FINANCE” folder in e-tendering portal 2. Deviation to terms & conditions, presumptions etc. shall not be stipulated in Priced part of bid. In case of any conditions stipulated in price bid, the bids of such bidders shall be summarily rejected and shall not be considered for further evaluation. Evaluation shall be carried out excluding such bidder(s). 3. Bids shall be submitted by the bidder through e-tendering portal using their digital signature. However, in case foreign bidder not possessing the digital signature can authorize their Indian representative to use the representative‟s digital signature to download the bidding document and upload the bid on behalf of foreign bidder. 4. Bidder shall be required to upload the digitally signed authenticated copies of documents for meeting BQC, Power of Attorney and other authenticated documents on the e- tendering portal only. In that case, bidders shall not be required to submit the original authenticated documents in physical form to EIL. 5. All documents uploaded in the e-tendering portal shall be deemed considered digitally signed documents by the authorized signatory of the bidder holding Power of Attorney. 6. If a bidder submits prices in un-priced part of bid, such prices shall not be considered and shall be ignored. The prices uploaded at the designated priced folder of the e-tendering website shall only be considered for evaluation and ordering, if any. If prices are not found in the price part and even if mentioned elsewhere, the bid shall be rejected.
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14.0 INTEGRITY PACT 14.1 Bidder shall submit, the scanned copy of the Integrity Pact duly signed and stamped in token of compliance in Part-I of the Bid (as per the format provided elsewhere in the bidding document), wherever required as per Bid Data Sheet. 14.2 The detail of Independent External Monitors (IEMs), appointed by Owner, in terms of Integrity Pact (IP) is specified in the BDS. 15.0 MULTIPLE/ALTERNATIVE BIDS 15.1 A bidder (i.e., the bidding entity) shall, on no account submit more than one bid either directly (as a single bidder or as a member of consortium) or indirectly (as a sub-contractor) failing which following actions shall be initiated: i) All bids submitted by such bidder (say „A‟) directly(as a single bidder or as a member of consortium), shall stand rejected and EMD, if any, in case of direct bid submitted by bidder „A‟ shall be forfeited. ii) If another bidder (say „B‟) has proposed bidder „A‟ as a sub-contractor then bidder „B‟‟s bid shall also be rejected. However, in case the bidder „B‟ has also proposed an alternative sub-contractor who is other than the bidder „A‟, then bidder „B‟‟s bid shall be evaluated with the proposed alternative sub-contractor only. Hence, every bidder shall ensure in his own interest that his proposed sub-contractor is not submitting alternative/ multiple bids. Note: However, in case Owner/EIL has proposed a list of sub-contractors/sub-vendors in the enquiry document itself which shall be common for all the bidders, the provision at (ii) above shall not be applicable as long as only the sub-contractors/sub-vendors are common in case of various bidders. However, if any of such sub-contractor/sub- vendor happens to be a bidder also, clause (ii) above shall be applicable. 15.2 If a contractor submits his bid, qualifies and does not get the contract because of his being not the lowest, he will be prohibited from working as a subcontractor for the contractor who is executing the contract. 16.0 BID PRICES AND DISCOUNTS 16.1 Unless stated otherwise in the Bidding Document, the Contract shall be for the total works as described in Bidding Document, based on the Schedule of Rates/ Prices submitted by the bidder and accepted by Owner/EIL. 16.2 Bidder shall quote for all the items of Schedule of Rates/Prices after careful analysis of cost involved for the performance of the complete item considering all parts of the Bidding Document. In case any activity is not specifically covered in description of item under `Schedule of Rates/Prices' but is required to complete the work as per Scope of Work, Scope of Supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the rates/ prices quoted shall be deemed to be inclusive of cost incurred for such activity. 16.3 Rates/ prices quoted by the bidder, shall remain FIRM, FIXED AND VALID till the completion of the Works and will not be subject to variation on any account except as otherwise specifically provided in the Bidding Documents. 16.4 In case of “SOR Rate Tenders’’ (where tender line(s) is/are defined as pre-defined estimated lumpsum bottom-line Rate for entire scope of work) Bidder shall quote a single consolidated percentage increase/ decrease in the estimated price and the same percentage shall be applicable uniformly to all the items of the Schedule of Rates (attached separately). 16.5 Discount, if any, must be indicated in the column provided in Schedule of Rates/Prices only, provided in the Bidding Document. Conditional discount, if offered, shall not be considered for evaluation. 16.6 All duties, taxes, and other levies payable shall be as per Special Conditions of Contract.
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17.0 CURRENCIES OF BID AND PAYMENT 17.1 Unless otherwise specified in BDS, bidder shall submit Bid in Indian Rupees only and payment shall be made in Indian Rupees only. 18.0 BID SECURITY/ EARNEST MONEY DEPOSIT (EMD) The clause no. 4 a) of GTC stands modified to the following extent: 18.1 Bidder shall furnish as part of its bid, a Bid Security, in original form and, in the amount and currency specified in the IFB/LIB or shall furnish a valid MSE Certificate (for MSE bidders) or declaration by CPSU/CPSE in line with clause no. 18.2 of ITB. Any bid not accompanied with a requisite Bid security or the Bid Security not being drawn for the required amount/ Bid without MSE certificate for exemptions, shall be summarily rejected by EIL/Owner. Format of Bank Guarantee for Bid Security is provided in Bidding Forms. Bid Security/EMD, in original, must be submitted at the address specified in IFB/LIB within the date and time specified in the IFB/LIB, failing which Bid shall be rejected. 18.2 Central Public sector undertakings/Enterprises will also be exempted from submitting bid Security. CPSU/CPSEs shall submit declaration to this effect that being CPSU/CPSE they are exempted from submitting bid security. Micro or Small Enterprise registered with District Industries Centers or Khadi and Village industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicraft and Handloom or Micro or Small Enterprises (MSEs) having Udog Aadhar Memorandum or any other body specified by Ministry of Micro, Small and Medium Enterprises are exempted from submission of EMD, subject to submission of MSE certificate valid as on the date of unpriced bid opening. If the MSE bidder does not provide the appropriate document or any evidence to substantiate the above, then it will be presumed that he does not qualify for any preference admissible in the Public Procurement Policy, 2012. Bidders are required to upload the scanned copy of EMD/ duly certified MSME Certificate/ Declaration by CPSU/CPSE on E-Tendering website along with the e-bid. In case an MSE bidder has submitted NSIC certificate/ Udyog Aadhar Memorandum but authenticated document is not uploaded, the same can be accepted provided a valid MSE certification is available on Government portal (www.nsicpronline.com) or Government Udyog Aadhar portal. 18.3 The bid security shall be in the form of a demand draft / non-revocable bank guarantee issued by any Indian Scheduled Bank (other than Co-operative Bank), in favour of Hindustan Petroleum Corporation Limited, in any of the following forms at the bidder‟s option: (a) an unconditional non-revocable guarantee, strictly in the format provided in Bidding Forms; (b) Demand Draft payable at Bengaluru Note: If EMD amount is less than Rs. 50,000/- then EMD should be submitted only as demand draft and bank guarantee shall not be accepted. The bank guarantee should be invokable / encashable at the Bengaluru branch of the issuing bank. Accordingly, the following line is added at the end of the BG formats. “The bank guarantee is invokable / encashable at our ...... (Branch Name & IFSC code) branch located at Bengaluru at the following address ……………………...” BG should be obtained from the Bank Branch which is live on SFMS (Structured Finance Messaging System). Vendor/Transporter/Customer Bank should send the BG issuance advice through SFMS to HPCL‟s designated Banker: ICICI Bank, Backbay Branch, Mumbai (IFSC: ICIC0000393). While sending BG issuance advice, Vendor/Transporter/Customer
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Bank should mention the unique identifier code UIC of HPCL South Central Zone HPCL 508902133SC in the row/field number 7037 of SFMS Delivery report. The concerned Vendor / Transporter/Customer is advised to take a print-out of SFMS Delivery report from the BG issuing Bank Branch and attach copy of the same along with the hard copy of BG while submitting the same to HPCL/EIL. It may be noted that the designated banker mentioned in this para is only for the purpose of SFMS for BG confirmation. The beneficiary for the BG shall be as mentioned below. (Example: If BG is taken from HDFC bank, Karol Bagh, Delhi, then HDFC will send a message to ICICI Bank, Mumbai so that HPCL will get a direct message of BG confirmation from ICICI Mumbai.) All foreign bank guarantees will be confirmed by any Indian Scheduled Bank (other than Co- operative Bank). Bidders are advised to instruct their banks not to post Bid Security directly to EIL/HPCL as the same has to be deposited as explained elsewhere in the bidding document. Details of beneficiary for issuance of bank guarantees are given below: Beneficiary: Hindustan Petroleum Corporation Ltd. Bank Details: Name: STATE BANK OF INDIA Address: ITI ANCILLARY IND ESTATE MAHADEVPURA BENAGALURU Current Account no: 00000032161443180 IFSC code (For RTGS): SBIN0003028 HPCL Income Tax PAN Number: AAACH1118B All efforts to be made by bidder to comply with the above mentioned clause. In case of any specific difficulty faced by bidder from any Bank, the communication from the subject bank to be forwarded to EIL/HPCL well in advance. 18.4 Owner/EIL shall not pay any interest on Bid Security furnished. Further, in case bank guarantee submitted is found to be fake, bid of such bidder shall be rejected and may initiate action as deemed necessary as per Owner/EIL Policy including putting on holiday /negative list of Owner/EIL. 18.5 EMD/ Bid securities of unsuccessful bidders will be returned upon placement of order/ award. Also, EMD of late bids/ where unpriced bids not opened, shall be returned after priced bid opening. In case of the successful Bidder, the same will be returned after the order/ contract is effective and Security Deposit/Composite Performance Bank Guarantee, as applicable, is submitted. However, in case EIL/Owner decides to cancel / annul the Enquiry / bidding document at any stage during the bidding process but before the award of work/ items (as applicable), EMD of the bidders shall be returned at the earliest from the date of such decision. 18.6 The bid security shall be forfeited if a bidder: a) Withdraws its bid during the period of bid validity, or any extension thereto provided by the bidder; or submits multiple bids/alternative bids in accordance with relevant provision of Instruction to Bidder (ITB). b) Does any breach of bidding terms and conditions; or c) On his own modifies his bid during the period of bid validity; or d) Ifthe successful bidder fails to: i) Sign the Contract in accordance with Clause 41.0 of ITB; and/or ii) Furnish a Composite performance Bank Guarantee or Security Deposit in accordance with clause no. 4 of General Terms &Conditions of Work Contract iii) to accept arithmetical corrections of its bid, as per the terms of the Bidding Document. e) If the Information/ documents forming basis of evaluation submitted by the bidder in the bid is found to be false/ forged in accordance with relevant provisions provided in Bidding Document.
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18.7 The bid security submitted in the form of BG shall be valid for Six (6) Months beyond the due date for submission of bid, or beyond any period of extension if requested under Clause No. 20.3of ITB. 18.8 Bidder‟s name and Tender details shall be written on the back side of bid security submitted in the form of DD. 19.0 DOCUMENTS ESTABLISHING THE QUALIFICATIONS OF THE BIDDER 19.1 Bidder(s) intending to participate shall fulfill the Qualification Criteria specified in the Invitation for Bid (IFB). Bid Qualification Details (Technical &Financial) submitted by the bidders shall be evaluated with respect to the Qualification Criteria specified in the Invitation for Bid. 19.2 Bids of only those bidders who are found to qualify based on the Qualification Criteria specified in the Invitation for Bid shall be considered for detailed Techno-Commercial evaluation. Decision of EIL/Owner in this regard shall be final and binding. 20.0 PERIOD OF VALIDITY OF BIDS 20.1 Bids shall remain valid for the period specified in the IFB/BDS after the bid submission deadline date prescribed by EIL/Owner in accordance with Clause 23.0 of ITB. A bid with shorter validity period shall be rejected by EIL/Owner as non-responsive. 20.2 Bidders shall not be entitled during the above period, without the consent of Owner/EIL in writing, to revoke or cancel their Bid or to vary the Bid given or any term thereof. In case of bidders revoking or cancelling their Bid or varying any terms in regard thereof without the consent of Owner/EIL in writing, Owner shall forfeit Bid security, submitted along with the bid and shall reject their bids. Such Bidder may also be put on Holiday list/ Negative List. 20.3 In exceptional circumstances, prior to the expiration of the bid validity period, Owner/EIL may request bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a bid security is requested in accordance with Clause 18.1 of ITB, it shall also be extended for 2 (Two) months beyond the deadline of the extended validity period. A bidder may refuse the request in which case their bid security shall not be forfeited. A bidder granting the request shall not be permitted to modify its bid. 21.0 FORMAT AND SIGNING OF BID 21.1 The e-bid shall be digitally signed (e-signed) using the digital signature of a person duly authorized to sign on behalf of the bidder. The digital signature used for signing the bid shall be issued in the name of such authorized person and the certificate details, available from the signed documents, should indicate the details of the signatories. All documents/files of the bid shall be signed by using the digital signature issued in the name of the person having valid Power of Attorney (POA) at the time of bid submission. Any consequences resulting due to such signing (e-signing) shall be binding on the bidder.
D SUBMISSION AND OPENING OF BIDS 22.0 SEALING AND MARKING OF BIDS 22.1 The bidder shall submit the, original Bid Security along with other documents requested in “Original” as per clause no. 13.1.2 of ITB, in separately sealed envelopes, duly marking the envelopes as per following: Bid Security &Original Documents Name of Work: ______Bidding Document No.:______Due date & Time of Submission: ______From: [Name & Address of Bidder including contact details] ______
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22.2 The envelope shall bear a warning “Do not open before the time and date of bid opening” and shall have the name and address of the bidder to enable the bid to be returned unopened in case it is declared "Late". 22.3 If envelopes are not sealed and marked as required, Owner/EIL will assume no responsibility for the misplacement or premature opening of this envelope. 22.4 Bidders shall submit bids (Part-I & Part-II) electronically and shall follow the e tender instructions enclosed in Bidding Document. 23.0 DEADLINE FOR SUBMISSION OF BIDS 23.1 Bidders shall submit their bids (Part-I & Part-II) electronically in the e-tendering portal, within the date and time specified in the IFB/LIB or any extension thereof. Bidders submitting bids electronically shall follow the electronic bid submission procedures enclosed as Appendix-I to this ITB. 23.2 Original Bid Security and other documents required in Original must be received by EIL at the address specified in IFB/ Bid Data Sheet within the date and time as specified in the IFB. 23.3 Owner/EIL may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Documents in accordance with Clause No. 8.0 of ITB, in which case all rights and obligations of EIL and bidders previously subject to the deadline shall thereafter be subject to the deadline as extended. 24.0 LATE SUBMISSION OF PHYSICAL DOCUMENTS 24.1 Bids should be submitted only through e-tendering portal & the e-tendering system shall close immediately after the deadline for submission of bid. Any bids being submitted in physical form (other than EMD and required documents in original) shall not be considered for opening / evaluation / award and will be returned to such bidders. 24.2 In the event the Bid Security in original, in accordance with Clause No. 23.2 of ITB, are not submitted within the deadline as specified in IFB/LIB, the bids shall be declared late and shall not be considered for opening, notwithstanding the fact that the bid has been submitted in electronic form within the deadline. However, in case of exemption from submitting Bid Security under MSE/CPSE as per Clause No. 18.2 of ITB, then bidder shall submit online the documentary evidence of the same. 25.0 WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS 25.1 The bidder may modify, re-submit or withdraw its e-bid after the bid submission, but, before the due date and time for submission of Bid following the electronic bid submission procedures. 25.2 No bid shall be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity or any extension thereof. 25.3 Bidder(s) to note that unsolicited price changes (including changes in taxes, duties mentioned & their applicability) after submission of bid shall not be allowed. In case any bidder gives unsolicited revised prices/price implication, his bid shall be rejected and EMD/ Bid security submitted by the bidder shall be forfeited. If a bidder offers a rebate unilaterally after the closing date and time of the bid, it will not be taken into account for evaluating purposes, but if that bidder emerges as the lowest evaluated, the rebate offered will be taken into account and shall be binding on the bidder for award of work. 26.0 BID OPENING 26.1 EIL/Owner shall open all bids received in the e-tendering portal except bidders who are on holiday/negative list of EIL/Owner. 26.2 The order of part wise opening of bids shall be as follows; i. On scheduled date and time of UNPRICED bid opening,
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- Opening of documents of Part–I, submitted in electronic form shall be processed on the e-Procurement module of the e-tendering portal. - If a bidder has not complied with Bid Security requirement, such bidder‟s offer (Part-I) is not proceeded for further opening and rejected out rightly. ii. Part-II of bid of only those bidders whose bids is determined to be technically and commercially acceptable by EIL/Owner shall be opened. Bidders selected for opening of their priced bids shall be informed about the date, time and place of price bid opening. 26.3 If a bidder / an agency is placed on holiday/ negative list of EIL/Owner after issue of enquiry but before unpriced bid opening, their bid will not be opened. If a supplier / an agency is placed on holiday/ negative list after opening of unpriced bids but before opening of priced bids, further evaluation shall be stopped and the corresponding priced bid will not be opened. 26.4 EIL shall verify the availability of requisite BID SECURITY, in original, while opening of Part-I of e-Bid. Techno-commercial e-Bid of those bidders shall be considered for opening who have already submitted the requisite Bid Security, in accordance with Clause No. 23.2 of ITB, in original. Note: The bidders who have submitted their bid will be able to view online the name & status of all the bidders at their respective windows, after bid opening by EIL. Accordingly, online opening as above, will be deemed as opened in public and there will be no separate public opening. Hence, bidders will not be called during opening of the bids.
E EVALUATION AND COMPARISON OF BIDS 27.0 CONFIDENTIALITY 27.1 A bidder may seek clarification regarding the Bidding Document provisions, bidding process and / or rejection of his bid. EIL/Owner shall respond to such requests within a reasonable time. However, such information relating to the evaluation of bids and recommendation of award shall not be disclosed to any other persons not officially concerned with the bidding process. 27.2 Any attempt by a bidder to influence EIL/Owner in the evaluation of the bids or award decisions shall render their Bid liable for rejection. 27.3 Notwithstanding Clause No. 27.2 of ITB, from the time of bid opening to the time of placement of Order, if a bidder wishes to contact EIL/Owner on any matter related to the bidding process, it shall done so in writing only. 28.0 ZERO DEVIATION 28.1 Bid shall be submitted as “Zero deviation Basis”. Accordingly offer is to be submitted in complete compliance to Terms & Conditions of Bidding Document without any deviation. Offer with deviation may be liable for rejection without any further correspondence. In view of this Bidder shall ensure submission of complete bid without any deviation as per requirement of Bidding Document in first instance itself. 29.0 DEVIATIONS, RESERVATIONS, AND OMISSIONS 29.1 During the evaluation of bids, the following definitions apply: (a) “Deviation” is a departure from the requirements specified in the Bidding Documents; (b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Documents; and (c) “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Documents.
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30.0 DETERMINATION OF RESPONSIVENESS 30.1 Owner/EIL‟s determination of a bid‟s responsiveness is to be based on the contents of the bid itself, as defined in Clause 13.0 of ITB. 30.2 A substantially responsive bid is one that meets the requirements of the Bidding Documents without deviation, reservation or omission. A material deviation, reservation, or omission is one that, (a) if accepted, would: (i) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or (ii) limit in any substantial way, inconsistent with the Bidding Documents, EIL‟s rights or the bidder‟s obligations under the proposed Contract; or (iii) would unfairly affect the competitive position of other bidders presenting substantially responsive bids. 30.3 Bidder to confirm that they are not involved in any Litigation / Arbitration or bidder to confirm that the current Litigation / Arbitration, in which bidder is involved will not have any impact in work being tendered or in entering into contract during the validity of offer and performing the contract till all the contractual obligations under contract are performed. In case Bidder(s) affirms that present litigations/arbitrations have impact on their obligations to perform the Contract or doesn’t provide the affirmations as above, their bids shall be rejected. 31.0 CLARIFICATION OF BIDS 31.1 Bidders should ensure that the Bid submitted is substantially responsive Bid in the first instance itself. Evaluation may be completed based on the content of the Bid itself without seeking any subsequent additional information, which may result in rejection of Bid. However, Owner/EIL may, at its discretion, may request bidder to submit the necessary information or documentation, within a reasonable period of time, to withdraw deviation, reservation, or rectify omission in the bid related to documentation requirements. Requesting information or documentation on such account shall not be related to any aspect of the price of the Bid. Owner/EIL‟s request for clarification and the response shall be in writing. 31.2 No change, including any voluntary increase or decrease, in the prices or substance of the bid shall be sought, offered, or permitted. Bidder shall not be allowed to submit any price implication or revised price after submission of Bid unless the same is called for by Owner/EIL in writing. The Owner/Consultant reserves the right to seek cost implication/revised rates from all the vendors in case of a revision in technical specification/scope of job. 31.3 Any clarification submitted by a bidder that is not in response to a request by Owner/EIL shall not be considered. 31.4 If a bidder does not provide clarifications of its bid by the date and time set in Owner/EIL‟s request for clarification, its bid shall be evaluated with available information which may result in rejection of their bid. 32.0 EVALUATION OF TECHNO-COMMERCIAL BIDS 32.1 Prior to price opening of bids, EIL will determine whether each bid is accompanied with requisite documents;
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(i) Fulfils the technical, financial and other requirements as specified in the Bidding Document; (ii) Bid‟s responsiveness in accordance with Clause No. 30.0of ITB and clarifications thereafter, if any; (iii) Any other relevant factor, if any that EIL deemed necessary or prudent to be taken into consideration. 32.2 Owner/EIL reserves the right to use in-house information for assessment of capability of bidder and their performance on jobs completed/ in progress for evaluation purpose. 32.3 No stipulation, deviation, terms & conditions, presumption, basis etc. shall be stipulated in the bid. Any conditions, if stipulated and retained, shall render the bid liable for rejection. 32.4 Any unsolicited reduction in price offered by a bidder within the bid validity by way of discount or revised prices, subsequent to the bid due date, shall not be taken into account for comparison. However, such reduction in price shall be taken into account for ordering if such bidder happens to be recommended as per the originally quoted prices. 32.5 In the event of any unsolicited price increase sought by any bidder, subsequent to the bid due date, the bid of such a bidder shall be rejected, in case the bidder does not agree to withdraw the price increase. In case, price increase is sought by the L1 bidder after priced bid opening and the bidder does not agree to withdraw the price increase, the order shall not be placed with price increase and the enquiry shall be re-floated. Wherever, decision is taken to reject a bid, EMD, if submitted, by the Bidder, shall also be forfeited and appropriate action as per procedure shall be taken. 33.0 PREFERENCE TO MICRO OR SMALL ENTERPRISES 33.1 Preference, if applicable to MSEs, shall be as per BDS. 34.0 OPENING OF PRICE BID 34.1 Priced Bid (Part-II) of only those bidders whose bids is determined to be technically and commercially acceptable by EIL/Owner shall be opened. Bidders selected for opening of their priced bids shall be informed about the date, time and place of price bid opening. In tenders involving multiple schedules/parts, order of precedence/sequence for price bid opening, wherever defined in tender document, shall be followed. 35.0 CORRECTION OF ARITHMETICAL ERRORS 35.1 The price quoted by bidders shall be checked for arithmetic correction, if any, based on rate and amount filled by the bidder in the SOR/price schedule formats. If some discrepancies are found, the same shall be dealt as follows : 35.1.1 RATE AND AMOUNT IN FIGURES AND WORDS a. When there is a discrepancy between the rate in figures and in words for an item, the rate which corresponds to the amount shall be taken as correct. b. When the rate quoted by the bidder in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct. c. When it is not possible to ascertain the correct rate as detailed above, the rate quoted for the item in words shall be adopted as the quoted rate and total amount shall be reworked. 35.1.2 RATE AND AMOUNT IN FIGURES ONLY When rate and amount are in figures only, in case of discrepancy the rate quoted by bidder shall be taken as correct. 35.1.3 LUMPSUM AMOUNT ONLY IN FIGURES AND WORDS When a lumpsum amount in quoted in figures and words but unit rates are not required to be quoted, amount quoted in words shall be taken as correct.
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35.1.4 PERCENTAGE TENDERS a) In case bidder has quoted percentage increase or decrease and the total amount in the summary of prices, but there is discrepancy in total amount quoted and the amount arrived at after calculating the percentage increase/decrease quoted by the bidder over EIL estimate, then the total amount shall be corrected based on the EIL estimate and the quoted percentage. b) In case bidder has quoted the percentage and the total amount in the summary of prices, but increase or decrease (“+”or “-“) has not been indicated by the bidder against the % figure, then the amount quoted by bidder shall be considered and the percentage increase/decrease shall be calculated based on the total amount quoted by the bidder & EIL estimate. c) In case bidder has quoted the percentage in the summary of prices, but the total amount has not been quoted and increase or decrease (“+”or “-“) has not been indicated against the % figure, than the „+‟ shall be considered for the % figure. d) In case the bidder left the % & amount Blank, % increase/decrease shall be considered as NIL. 35.2 Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with Clause No. 35.1 of ITB, shall result in the rejection of the Bid and forfeiture of Bid Security, if applicable. 36.0 CONVERSION TO SINGLE CURRENCY 36.1 Wherever BDS permits bidder to quote prices in more than one currency, for evaluation and comparison purposes, the currency(ies) of the Bid shall be converted into a single currency, and that will be Indian Rupees considering the SBI Bill selling exchange rate published by the State Bank of India, one day prior to the date of price bid opening 37.0 EVALUATION AND COMPARISON OF PRICE BIDS 37.1 The evaluation and comparison of bids shall be carried out as per following, as applicable as per BDS: 37.1.1 For Percentage Tenders (with rate pre-filled SOR) I. Based on percentage increase / decrease to the estimated cost as per the price schedule format, total quoted price will be calculated after considering Arithmetic Corrections, if any, in line with Clause 35.0 of ITB. II. To arrive at the evaluated price, loading/ adjustment on total quoted price, wherever applicable, shall be done as specified in the BDS III. If a Bidder does not quote any increase / decrease over the EIL estimated amount, the increase / decrease shall be considered as NIL for the purpose of evaluation. Further, the percentage increase/decrease quoted shall be applicable for all items of the Schedule of Rates (SOR) without exception. The offers of Bidders quoting separate / different rates and / or separate / different percentages for different items, shall be summarily rejected, without reference to/ correspondence with the Bidder. 37.1.2 For tenders without pre-Rate Filled SOR i. The Total amount quoted in Schedule of Rates after arithmetic check inline with Clause 35.0 of ITB inclusive of all but excluding GST shall be taken up for evaluation. ii. To arrive at the evaluated price, loading/ adjustment on total quoted price, wherever applicable, shall be done as per following: a) As specified in BDS b) Loading for unquoted items as per (iii) below. iii. In case a Bidder does not quote for any items and the price impact of unquoted items based on estimated rates is more than 10% of his total quoted price, the bid will be rejected. If such price impact of unquoted items is 10% or less of his total quoted price, for the purpose of comparison, the unquoted items shall be loaded by highest of the
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rates quoted by other bidders for those items. If such Bidder happens to be the selected Bidder, the lowest of the rates quoted by other bidders for such items shall be considered for award 37.1.3 Common Clause (for above clause no. 37.1.1 & 37.1.2) i. Any uncalled for lump-sum/ percentage or adhoc reduction/ increase in prices, offered by the Bidders after opening of the prices, shall not be considered. However, if reduction is from the recommended Bidder, such reduction shall be taken into account for arriving at the contract value and not for evaluation purpose. ii. Optional items shall not be considered for the purpose of arriving at the total cost. However, in case the rates quoted by the selected Bidder for optional items are considered high, the same shall be negotiated. iii. Conditional discount, if offered, shall not be considered for evaluation. iv. In case, prices etc. are not filled up in the Priced Bid (Schedule of Rates/Prices) and are not as per the requirements of the Bidding document, the same shall not be considered for evaluation. v. In case of Tie between two or more bidders at L-1 Position, all the L-1 bidders shall be asked to submit their best reduced prices over previous quoted rate and the methodology will be intimated to accordingly. The process shall be repeated till final L- 1 position is established. 38.0 CONTACTING THE OWNER/EIL 38.1 Bidders are advised not to contact OWNER / EIL on any matter relating to its bid from the time of Bid opening to the time Contract is awarded, unless requested to in writing. Any effort by a Bidder to influence OWNER / EIL in any of the decision in respect of Bid evaluations or Award of Contract will result in the rejection of Bid. 39.0 OWNER/EIL’S RIGHT TO ACCEPT ANY BID, AND TO REJECT ANY OR ALL BIDS 39.1 The Owner/EIL reserves the right to accept or reject any Bid and to annul the Bidding process and reject all Bids at any time prior to award of contract, without thereby incurring any liability to the affected Bidder or Bidders or without any obligation to inform the affected Bidder or Bidders of the grounds or the reasons for the EIL/Owner's action.
F AWARD OF CONTRACT 40.0 AWARD CRITERIA 40.1 Pursuant to Clause no. 37.0and Clause 39.0 of ITB, the Owner shall award the Contract to the bidder(s) who has (have) been determined to be the lowest evaluated price. 40.2 Purchase Preference Linked with Local Content (PP-LC): Please refer BDS. 40.3 Purchase preference to domestically manufactured Electronic and Telecom products Please refer BDS. 40.4 In case of a bid by incorporated JV and such JV happens to be a successful bidder, the purchase order shall be placed in the name of incorporated JV and payment shall be made in the name of incorporated JV. 41.0 NOTIFICATION OF AWARD 41.1 Prior to the expiration of the period of bid validity, the Owner shall notify the successful bidder, in writing, that its bid has been accepted. The notification letter [hereinafter and in the General Terms & Conditions of Work Contract called the “Letter of Intent (LOI)/ Letter of Acceptance (LOA)”] shall specify the sum that the Owner will pay the Contractor in consideration of the execution and completion of the Works. The notification letter will constitute the formation of the contract.
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41.2 Until a formal purchase order is placed, the notification of award along with this Bidding Document together with the annexed documents, modifications, deletions agreed upon by the Owner shall constitute a binding contract between the successful bidder and the Owner. 41.3 The Purchase Order shall consist of the following: i) Original Bidding Document along with its enclosures issued. ii) Amendment/Corrigendum to original Bidding Document issued, if any. iii) Fax/Letter of Intent/ Acceptance iv) Integrity Pact 42.0 CONTRACT DOCUMENT 42.1 The Contract document shall consist of the following: (i) Purchase Order issued by HPCL along with all enclosures. (ii) Letter of Acceptance/ Letter of intent (iii) Bidding Document alongwith amendments/corrigendum issued for this tender along with its enclosures issued. 43.0 COMPOSITE PERFORMANCE BANK GUARANTEE 43.1 Within Fifteen (15) days from the date of notification of award from Owner, the successful bidder shall comply with the requirement of Security Deposit/Composite Performance Bank Guarantee as per General Terms & Conditions of Work Contracts 43.2 Failure of the successful bidder to submit the above-mentioned Security Deposit/Composite Performance Bank Guarantee shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security at the sole discretion of HPCL/EIL.
Engineers India Ltd. New Delhi
Page 34 of 1449 Project : Phase II of HPCL Green R&D Centre at Bengaluru Job No. : B226 Bidding Document No.: KNM/B226-000-EK-TN-7025/1004 Bid Data Sheet Name of Work : 2MW AC Solar Photovoltaic Power Plant Sheet 1 of 3
BID DATA SHEET
(BDS)
Engineers India Limited Gurugram
Page 35 of 1449 Project : Phase II of HPCL Green R&D Centre at Bengaluru Job No. : B226 Bidding Document No.: KNM/B226-000-EK-TN-7025/1004 Bid Data Sheet Name of Work : 2MW AC Solar Photovoltaic Power Plant Sheet 2 of 3 BID DATA SHEET SR. ITB CL. CONTENT NO. NO. 1. ITB 1.1 Bidding Document Reference No. : KNM/B226-000-EK-TN-7025/1004 2. ITB 1.1 Name of Works: 2MW AC SOLAR PHOTOVOLTAIC POWER PLANT 3. ITB 3.1 Enquiry Basis : Domestic Competitive Basis - Open Tender 4. ITB 6.2 Bidders to furnish the details of person who wants to visit the site to the contact person at site (as below) so that the gate pass can be arrange accordingly. Site Location: HPCL’s Green R&D Centre, KIADB Industrial Area, Tarabanahalli, Devangundi, Hoskote, Bengaluru-560067 Nearest Railway Station: Devanagonthi. Nearest Airport: Bengaluru Intentional Airport. The contact person details at site is : Mr.JitendarVarma, Resident Construction Manager, Engineers India Ltd. Email ID : [email protected], Ph. No. 09757083983 Mr. David Poddar, DGM (Projects), HPCL Email ID : [email protected], Ph. No. 9987587521 5. ITB 7.2 i. Last date for submission of pre-bid queries : As per Invitation For Bid (IFB) ii. The pre-bid meeting is scheduled at following address: As per Invitation For Bid (IFB) 6. ITB 7.2, The detail of Contact Persons for any query/ clarification/ communication/ 13.1.1 & Postal address is: 13.1.2 Kind. Attn.: Mr. K. N. Mahapatra (Sr. GM, SCM) / Mr.Mitesh Patel Engineers India Limited EIL Office Complex, Sector-16 (On N.H.-8) Tower-1 (1ST Floor), Gurugram -122 001 Haryana (India) Tel No. +91-124- 380 2041/ 2086 E-mail: [email protected];[email protected] 7. ITB 13.1.1, The last Date and time of submission of Bids is as per Invitation For Bid 23.1 & (IFB) 23.2 8. ITB13.1.1 The Bidder shall submit with his bid the following additional documents: (r) Not Applicable 9. ITB 13.2.2 Clause no 13.2.2 of ITB : PART- II (Priced Bid) stands modified to the following extent: - Bidder to indicate lumpsum prices in the Schedule of Price [FORM SP-0] attached in the bidding document.
Engineers India Limited Gurugram
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10. ITB 14.1 Integrity Pact is to be submitted as per the format enclosed elsewhere in the bidding document. 11. ITB 14.2 The following Independent External Monitor (IEM) has been appointed by HPCL, in terms of Integrity Pact (IP). Shri Arun Chandra Verma Shri JyotiSwaroop Pandey Shri Kata Chandrahas Contact Address for the IEM(s): C/o The Company Secretary, HPCL, 6th Floor, Petroleum House, 17, Jamshedji Tata Road, Churchgate, Mumbai-400020. Tel: 022 22863611,22045223 Fax: 022 22841573 Email: [email protected] 12. ITB 16.4 Not applicable 13. ITB 5.0, URL for e-tendering portal is https://eprocure.gov.in/eprocure/app 22.4, 23.1 14. ITB 17.1 & The currency of Bid is INR. 36.1 15. ITB 19.0 Refer Invitation for Bids (IFB) 16. ITB 20.0 Bid shall remain valid for a minimum period of 120 Days from final due date of submission of Bid 17. ITB 33.0 Price preference as admissible under the prevailing procurement policy for MSEs is not applicable to this tender. 18. ITB 37.1 Provisions of tenders without pre-Rate Filled SOR are applicable (i.e. ITB Clause no. 37.1.2, 37.1.3). The Grand Total (i.e. Execution Phase + OCAM Phase) quoted in the Schedule of Prices-Summary (FORM SP-0) shall be considered for evaluation. 19. ITB 37.1.2 Not applicable. (ii) (a) 20. ITB 40.2 Purchase Preference (Linked With Local Content) (PP-LC) As per the “Purchase Preference (linked with Local Content) (PP-LC)” notified by Ministry of Petroleum and Natural Gas (MoPNG) for the procurement of goods and services under Oil & Gas Projects in India, bidders are allowed to avail the purchase preference linked with attaining the stipulated Local content. The copy of above said Policy (and its amendment thereupon) along with provisions is attached as Annexure-II to ITB. Bidders to provide the undertaking/declaration for availing purchase preference policy in the enclosed Appendix-I to Annexure-II of ITB. 21. ITB 40.3 Not Applicable
Engineers India Limited Gurugram
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Annexure – I to ITB E-TENDERING METHODOLOGY
Instructions for Online Bid Submission: The bidders are required to submit soft copies of their bids electronically on the CPP Portal (URL: https://eprocure.gov.in) only, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal. More detailed information useful for submitting online bids on the CPP Portal may be obtained at:
https://eprocure.gov.in/eprocure/app .
REGISTRATION 1) Bidders are required to enroll on the e-Procurement module of the Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link “Click here to Enroll” on the CPP Portal is free of charge. 2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part of the registration process and submit in EIL tender portal for updation of records (http://tenders.eil.co.in) . These details would be used for any communication from the CPP Portal. 4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (DSC) (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.
5) Foreign Bidders have to refer “DSC details for foreign Bidders” for Digital signature Certificates requirements which comes under Download Tab at https://eprocure.gov.in/eprocure/app and the remaining part is same as above and below.
6) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC‟s to others which may lead to misuse.
7) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-Token.
SEARCHING FOR TENDER DOCUMENTS 1) There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as organization name, form of contract, location, date, other keywords etc. to search for a tender published on the CPP Portal. 2) Once the bidders have selected the tenders they are interested in, the same can be moved to the respective „My Tenders‟ folder. This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case there is any corrigendum issued to the tender document.
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3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk. PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the tender document before submitting their bids. 2) Please go through the tender advertisement and the tender document carefully to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.
3) To avoid Network congestion, Bidder is recommended to upload file size of up to Maximum 35 MB per part. However, in case file size exceeds 35 MB, bidder may compress the files by scanning with 75 dpi setting as per s.no 4 below and can use additional 25 MB space (“My Documents”) provided to the bidder as per s.no 5 below. 4) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document and generally, they can be in PDF / XLS / RAR / DWF formats. Bid documents may be scanned with 75 dpi with black and white option. However, Price Schedule / SOR shall be strictly in .XLS format without altering any contents of the formats uploaded by EIL in their Bidding Document.
5) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use “My Documents” area available to them to upload such documents. These documents may be directly submitted from the “My Documents” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.
SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.
3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as applicable and enter details of the instrument. 4) Bidder should prepare the EMD as per the instructions specified in the tender document. The original EMD/Bid Security shall be submitted in physical form within the bid due date and time. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.
5) A Price Bid format has been provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. Bidders are required to download the Price Bid file, open it and complete the cells with their respective financial quotes and other Template No. 5-0000-0001-T2 Rev. 1 Copyrights EIL – All rights reserved Dated -02-July-2014
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details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the Price Bid file is found to be modified by the bidder, the bid will be rejected.
6) The server time (which is displayed on the bidders‟ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.
7) All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done.
8) The uploaded tender documents become readable only after the tender opening by the authorized bid openers.
9) Upon the successful and timely submission of bids, the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details.
10) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
RETENDER
Please note that if Tender has been retendered, than it is mandatory for the bidder to submit their offer again on CPP Portal.
WITHDRAWAL OF BID
It may please be noted that bidders now have an additional feature of withdrawing their bids before due date and time. After submitting the bid on the CPP Portal, if the bidder wishes to withdraw his bid, he can do so. However, if the bidder withdraws his bid, he will be exempted from further participation in the tender and won’t be able to submit his bid again for that particular tender.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24 x 7 CPP Portal Helpdesk. The contact number for the helpdesk is 1800-3070-2232 and Mobile Nos +91-7878007972, +91-7878007973.
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