NEW MANGALORE PORT TRUST
OFFICE OF THE, TELEGRAM: PORT TRUST SUPERINTENDING ENGINEER (E) PHONE NO.:( 0824 )– 2887746 ADMINISTRATIVE BUILDING, TELEFAX NO.: 0824 – 2408200 PANAMBUR, MANGALORE www.newmangalore-port.com PIN: – 575 010 www.newmangaloreport.gov.in
MECHANICAL ENGINEERING DEPARTMENT ELECTRICAL ENGINEERING DIVISION
TENDER NO: 5/SD.II/Solar/2016-17/SE(E) DATE: 01.07.2016
e-Tender Event No.: NMPT/16-17/ET/33
TENDER DOCUMENTS
FOR
“DESIGN, SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 840KW ROOFTOP SOLAR POWER SYSTEM AT NEW MANGALORE PORT PREMISES”.
1 SCHEDULE OF TENDER (SoT)
NEW MANGALORE PORT TRUST
M E C H A N I C A L E NGINEERING D EPARTMENT E LECTRICAL ENGINEERIN G D I V I S I O N , P ANAMBUR , M ANGALORE - 5 7 5 0 1 0
- 0 8 2 4 - 2 8 8 7 746/ 7 5 0 - 0 8 2 4 - 2 4 0 8200/2408390
NIT No.: 5/SD.II/Solar/2016-17/SE(E) Dated: 01/07/2016
TITLE OF WORK: TENDER FOR “DESIGN, SUPPLY, INSTALLATION, TESTING & COMMISSIONING OF 840KW ROOFTOP SOLAR POWER SYSTEM AT NMPT PREMISES”.
1 TENDER NO. 5/SD.II/Solar/2016-17/ SE(E) Date: 01.07.2016
2 MODE OF TENDER e-Tender System(Online – Two Cover System) through www.mstcecommerce.com/ep rochome/nmpt of MSTC Ltd. 3 e-Tender No. NMPT/16-17/ET/33 4 Date of NIT available to parties to download 02-07-2016 5 Date of Starting of online Pre-bid meeting 02.07.2016 6 Date of Closing of online Pre-bid meeting 11.07.2016 7 Estimated Cost Rs. 7,38,92,784/- (Rupees seven Crores thirty eight lakhs ninety two thousand seven hundred eighty four only). 7 Earnest Money Deposit Rs. 8,49,767/- (Rupees eight lakhs forty nine thousand seven hundred sixty seven only). 8 Tender Fees Rs. 10000.00 (Rupees Ten thousand Only.) + 5.5% VAT 9 Transaction Fee Rs. 17,250/- (Including @15% Service Tax & other charges Important Note: etc.) Payment of Transaction Please note that vendors will have the fee by RTGS in favour of Access to online e-tender only after MSTC LIMITED (refer clause. Transaction fee by RTGS in favour of MSTC No. 4 of Annexure–I) Limited, Kolkata 10 Last date of submission of Tender fee,EMD Three working days before the and Transaction fee last date of closing of online bidding for the e-tender. 11 Date of Starting of e-Tender for submission 14-07-2016 at 09.00 HRS Bid on line at www.mstcecommerce.com/eprochome/nmpt 12 Date of closing of e-Tender for submission 22-07-2016 at 15.00 HRS of Bid. 2 13 Date & Time of opening of Technical Bid. 22-07-2016 at 16.00 HRS 14 Date & Time of opening of Price Bid To be communicated separately 15 Work Completion period 6 Months from the date of issue of LOA. 16 Validity of Tender 120 days from the date of opening of Tender(Tech. Bid).
LIST OF SCHEDULES
Important Instructions for Registration SCHEDULE – I 1 with MSTC & submission of Tender P - 4 to 8
through ONLINE.
SCHEDULE – II 2 Tender Document P - 9 to 127
SCHEDULE – III 3 Price Schedule P- 128 to 130
Price Bid Formula & SCHEDULE – IV 3 P - 131 to 131 NMPT Bank Details
Techno- Commercial Terms for SCHEDULE – V 5 P - 132 to 136 Tenderer’s response
3 SCHEDULE -I
IMPORTANT INSTRUCTIONS
NEW MANGALORE PORT TRUST
M E C H A N I C A L E NGINEERING D EPARTMENT E LECTRICAL ENGINEERIN G DIVISION , P ANAMBUR , M ANGALORE - 5 7 5 0 1 0
- 0 8 2 4 - 2 4 0 7 3 4 1 EXTN : 7 0 0 / 0 8 2 4 - 2887700/746 - 0 8 2 4 - 2 4 0 8200/2408390
NIT No.: 5/SD.II/Solar/2016-17/SE(E) Dated :01/07/2016
TITLE OF WORK: TENDER FOR “DESIGN, SUPPLY, INSTALLATION, TESTING & COMMISSIONING OF 840KW ROOFTOP SOLAR POWER SYSTEM AT NMPT PREMISES”.
This is an e-Tender event of NMPT. The e-Tender service provider is MSTC Ltd., 225C, A.J.C. Bose Road, Kolkata-700 020.
You are requested to read the Terms & Conditions of this Tender before submitting your online tender. Tenderers who do not comply with the conditions with documentary proof (wherever required) will not qualify in the Tender for opening of price bid.
1. PROCESS OF E-TENDER :
A) Registration: The process involves vendor’s registration with MSTC e- procurement portal which is free of cost. Only after registration, the vendor(s) can submit his/their bids electronically. Electronic Bidding for submission of Techno-Commercial Bid as well as Price Bid over the internet will be done. The Vendor should posses Class III signing type digital certificate. Vendors are to make their own arrangement for bidding from a P.C. connected with Internet. MSTC/ NMPT is not responsible for making such arrangement. (Bids will not be recorded without Digital Signature).
SPECIAL NOTE: THE PRICE BID AND THE COMMERCIAL BID HAS TO BE SUBMITTED ON-LINE AT www.mstcecommerce.com/eprochome/nmpt
1).Vendors are required to register themselves online with www.mstcecommerce.com Procurement→ PSU/Govt depts. →NMPT→Register as Vendor Filling up details and creating own user id and password→ Submit.
2). Vendors will receive a system generated mail confirming their registration in their email which has been provided during filling the registration form.
4 In case of any clarification, please contact MSTC/NMPT, (before the scheduled time of the e- tender).
CONTACT PERSON (MSTC):
1. Mr. Santosh Kumar rajendran 2) Mr. Remil Rashid MT Junior Manager Mobile no: 8884600700 Mobile- 9739780666 Email: [email protected] Email: [email protected]
B) SYSTEM REQUIREMENT:
i) Windows 98 /XP-SP3 & above/Windows 7 Operating System
ii) IE-7 and above Internet browser.
iii) Class III Signing type digital signature
iv) JRE 7 update 60 and above software to be downloaded and installed in the system.
To enable ALL active X controls and disable ‘use pop up blocker’ under Tools→Internet Options→ custom level 2. (A) Techno-Commercial bid will be opened electronically on specified date and time as given in the NIT. Bidder(s) can witness electronic opening of bid.
(B) Price bid will be opened electronically of only those bidder(s) whose Techno- Commercial Bid is found to be Techno-Commercially acceptable by NMPT. Such bidder(s) will be intimated date of opening of Price bid, through valid email confirmed by them.
Note: The tenderers are advised to offer their best possible rates. There would generally be no negotiations hence please submit your most competitive prices while submitting the price bid. However in case the lowest rate appears to be reasonable taking into account the prevailing market conditions, the order may be awarded to the lowest bidder and if the rate is still considered high, action as per prevailing instruction/guideline shall be taken. 3. All entries in the tender should be entered in online Technical & Commercial Formats without any ambiguity. 4. Special Note towards Transaction fee: PAYMENT OF Transaction fee BY RTGS in favour of MSTC Limited .The Bank details, format etc for sending Transaction fee by RTGS to MSTC is detailed below
Bank Details : Axis Bank ,Shakespeare Sarani Branch, Kolkata
Account Details : Axis Bank A/c.No.005010200057840
IFSC Code No. : UTIB0000005.
The bidders are requested to communicate the UTR No. and E-tender No and a certificate in Bank’s letter head mentioning UTR No., amount, No. of the account debited, Name of the remitter and Pan No. of the remitter by Fax or Email. 5
NOTE : The bidders should submit the transaction fee well in advance before the last date of submission of tender as they will be activated for bid submission only after receipt of transaction fee by MSTC.
CONTACT DETAILS :
Fax No. : 033- 22831002 Email ids: [email protected]. [email protected], [email protected]. [email protected].
Bidders may please note that the transaction fee should be deposited by debiting the account of the bidder only; transaction fee deposited from or by debiting any other party’s account will not be accepted. Transaction fee is non- refundable.
In case of failure to make payment towards Transaction fee for any reason, the vendor, in term, will not have the access to online e-tender. 5. In case of failure to access the payment towards cost of tender document & EMD for any reason, the vender, in term, will not have the access to on line e- tender and no correspondence in this respect will be entertained and NMPT will not be responsible for any such lapses on this account. Bidder(s) are advised to make remittance of tender fee and EMD well in advance.
Vendors are instructed to use Upload Documents link in My menu to upload documents in document library. Multiple documents can be uploaded. Maximum size of single document for upload is 5 MB.
Once documents are uploaded in the library, vendors need to attach documents through Attach Document link against the particular tender. For further assistance please follow instructions of vendor guide. 6. All notices and correspondence to the bidder(s) shall be sent by email only during the process till finalization of tender by NMPT as well as by MSTC (e- procurement service provider). Hence the bidders are required to ensure that their corporate email I.D. provided is valid and updated at the stage of registration of vendor with MSTC (i.e. Service Provider). Bidders are also requested to ensure validity of their DSC (Digital Signature Certificate). 7. (i) Please note that there is no provision to take out the list of parties downloading the tender document from the web site mentioned in NIT. As such, bidders are requested to see the web site once again before the due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigenda, if any, will be that of the downloading parties. (ii) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to tenderer (s) who have downloaded the documents from web site. Please see website www.mstcecommerce.com/eprochome/nmpt of MSTC Ltd. 8 E-tender cannot be accessed after the due date and time mentioned in NIT. 9. Bidding in e-tender : i) Bidder(s) need to submit necessary EMD, Tender fees and Transaction fees to be eligible to bid online in the e-tender. Tender fees and Transaction fees are non refundable. No interest will be paid on EMD. EMD of the unsuccessful bidder(s) will be refunded by NMPT
6 ii) The process involves Electronic Bidding for submission of Techno Commercial Bid as well as Price Bid. iii) The bidder(s) who have submitted the above fees can only submit their Techno Commercial Bids and Price Bid through internet in MSTC website www.mstcecommerce.com → e-procurement →PSU/Govt Depts→NMPT Login →My menu→ Auction Floor Manager→ live event →Selection of the live event→ iv) The bidder should allow to run an application namely enApple by accepting the risk and clicking on run. This exercise has to be done twice immediately after clicking on the Techno-Commercial bid. If this application is not run then the bidder will not be able to save/submit his bid. v) After filling the Techno-Commercial Bid, bidder should click ‘save’ for recording their Techno-Commercial bid. Once the same is done, the Price Bid link becomes active and the same has to filled up and then bidder should click on “save” to record their price bid. Then once both the Techno-Commercial bid & price bid has been saved, the bidder can click on the “Submit” button to register their bid
NOTE: - The Techno-Commercial Bid & price bid cannot be revised once the submit button has been clicked by the bidder. vi) In all cases, bidder should use their own ID and Password along with Digital Signature at the time of submission of their bid. vii) During the entire e-tender process, the bidders will remain completely anonymous to one another and also to everybody else. viii) The e-tender floor shall remain open from the pre-announced date & time and for as much duration as mentioned above. ix) All electronic bids submitted during the e-tender process shall be legally binding on the bidder. Any bid will be considered as the valid bid offered by that bidder and acceptance of the same by the Buyer will form a binding contract between Employer and the Bidder for execution of work. Such successful tenderer shall be called hereafter CONTRACTOR x) It is mandatory that all the bids are submitted with digital signature certificate otherwise the same will not be accepted by the system.
7 xi) Employer reserves the right to cancel or reject or accept or withdraw or extend the tender in full or part as the case may be without assigning any reason thereof.
xii) No deviation of the terms and conditions of the tender document is acceptable. Submission of bid in the e-tender floor by any bidder confirms his acceptance of terms & conditions for the tender.
xiii) Unit of Measure (UOM) is indicated in the e-tender Floor. Rate to be quoted should be in Indian Rupee as per UOM indicated in the e-tender floor/tender document. 10. Any order resulting from this open e-tender shall be governed by the terms and conditions mentioned therein. 11. No deviation to the technical and commercial terms & conditions are allowed. 12. After submitting online bid, the bidder cannot access the tender, once it has been submitted with digital signature 13. NMPT has the right to cancel this e-tender or extend the due date of receipt of bid(s) without assigning any reason thereof. 14 The online tender should be submitted strictly as per the terms and conditions and procedures laid down in the website www.mstcecommerce.com/eprochome/nmpt of MSTC Ltd. 15. The bidders must upload all the documents required as per terms of NIT. Any other document uploaded which is not required as per the terms of the NIT shall not be considered. 16 The bid will be evaluated based on the filled-in technical & commercial formats. 17. The documents uploaded by bidder(s) will be scrutinized. In case any of the information furnished by the bidder is found to be false during scrutiny, EMD of defaulting bidder(s) will be forfeited. Punitive action including suspension and banning of business can also be taken against defaulting bidders.
8 SCHEDULE -II
NEW MANGALORE PORT TRUST, MANGALORE
TENDER DOCUMENT for
“Design, Supply, Installation, Testing & Commissioning of 840KW Rooftop Solar Power System at New Mangalore Port premises”
Sl. No. Section Description Page No. Abbreviation 1. NIT Notice Inviting Tender 10 to 10 2. DNIT Detailed Notice Inviting Tender 11 to 14 3. ITB Instructions to Bidders 15 to 33 4. (i) Annexure 1 Letter for submission of Bid – Covering 35 to 35 letter (ii) Annexure 2 Tenderer Information form 36 to 36 (iii) Annexure 3 Power of Attorney (in original) in 37to 38 favour of Signatory/s to the tender, duly Authenticated by Notary Public (iv) Annexure 4 Form of Bid 39 to 40 (v) Annexure 5 Pre-Qualification of Bidders 41 to 44 (vi) Annexure 6 Construction schedule & other Details 45 to 45 (vii) Annexure 7 Declaration Form 46 to 46 (viii) Annexure 8 Contractors Bid 47 to 47 (ix) Annexure 9 Bankers Details for E-Payment 48 to 48 (x) Annexure 10 Letter of Acceptance 49 to 49 (xi) Annexure 11 Hand Receipt 50 to 50 (xii) Annexure 12 Proforma of Solvency Certificate 51 to 51 (xiii) Annexure 13 Financial Capability 52 to 52 5. GCC General Conditions of Contract 53 to 74 6. SCC Special Conditions of Contract 75 to 80 7. CD Contract Data 81 to 81 8. Form 1 Specimen form of Contract Agreement 83 to 84 (i) (ii) Form 2 Specimen Bank Guarantee form for 85 to 87 Performance Security (iii) Form 3 Specimen Letter of Authority from 88 to 88 Bank for all BG’s (iv) Form 4 Pre Contract Integrity Pact. 89 to 94 (v) Form 5 Disputes Review Board Agreement 95 to 98 9. TS Technical Specification. 99 to 127
9 Providing Solar Power system at New Mangalore Port premises
1. NOTICE INVITING TENDER
NEW MANGALORE PORT TRUST
M ECHAN I C A L E NGINEERING D EPARTMENT , P ANAMBUR , M ANGALORE - 5 7 5 0 1 0
- 0 8 2 4 - 2 8 8 7 7 4 6 / 7 5 0 - 0 8 2 4 - 2408200/2408390
NIT No.: 5/SD.II/Solar/2016-17/SE(E) Dated: 01/07/2016
TITLE OF WORK: Tender for Design, Supply, Installation, Testing & Commissioning of 840KW Rooftop Solar Power System at NMPT Premises. e-Tenders are invited for the above work as per the details given below: i) Cost of tender document Rs.10,000/- + 5.5% VAT ii) Estimated cost Rs.7,38,92,784/- iii) Earnest Money Deposit Rs.8,49,767.00 iv) Tender Submission Refer Schedule of Tender (SoT)& Schedule-I
Tender documents can be downloaded from New Mangalore Port WEBSITE http://www.newmangaloreport.gov.in, http://www.newmangalore-port.com and GOVT. TENDER SITE http://tenders.gov.in. The submission of Tender should be through online e-tender mode as per the Schedule No.I & Schedule of Tender (SoT). For further details, Bidders may contact Superintending Engineer (Elec.), Tel. No. 0824-2887746 /750: Fax: 0824-2887700
[ s d / - ] Superintending E n g i n e e r (E)
Notice Inviting Tender 10 Providing Solar Power system at New Mangalore Port premises
2. DETAILED NOTICE INVITING TENDER NEW MANGALORE PORT TRUST
NIT No.: 5/SD.II/Solar/2016-17/SE(E) Dated: 01/07/2016
Sub.: Tender No.: 5/SD.II/Solar/2016-17/SE(E) for “Design, Supply, Installation, Testing & Commissioning of 840KW Rooftop Solar Power System at NMPT Premises”.
2 . 1 e- tenders are invited by New Mangalore Port Trust from the reputed Companies. Should be listed as MNRE Accredited Manufacturers/MNRE channel partner with valid accreditation under JNNSM for DESIGN, SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 840KW ROOFTOP SOLAR POWER SYSTEM AT NEW MANGALORE PORT PREMISES as per clause No.3.4(Eligibility Criteria) of Tender, under two cover system. Offers in the prescribed forms are to be submitted as per SoT & Schedule-I.
2.2 The complete Tender document is available on Port website www.newmangaloreport.gov.in, www.newmangalore-port.com, MSTC NMPT Portal & https://tenders.gov.in. Tenderer may download the same and submit as tender offer through on line as per SoT & Schedule-I.
2.3 Bidding in e-tender :
i) Bidder(s) need to submit necessary EMD, Tender fees and Transaction fees as per the Schedule of Tender (SoT) to be eligible to bid online in the e-Tender. Tender fees and Transaction fees are non refundable. No interest will be paid on EMD. EMD of the unsuccessful Bidder(s) will be refunded by NMPT
ii) The process involves Electronic Bidding for submission of Techno Commercial Bid as well as Price Bid.
iii) The Bidder(s) who have submitted the above fees can only submit their Techno Commercial Bids and Price Bid through internet in MSTC website www.mstcecommerce.com → e-procurement →PSU/Govt Depts→NMPT Login →My menu→ Auction Floor Manager→ live event →Selection of the live event→
Detailed Notice Inviting Tender 11 Providing Solar Power system at New Mangalore Port premises
2.4 The benefit of Exemption of EMD and Tender fee to all micro and small Enterprises Registered with NSIC will be considered. Necessary documents for the same with notary attestation should be uploaded alongwith Technical Bid.
2.5 The offer (both Techno-Commercial & Price) must be valid for a minimum of 120 days from the last date of submission of offer, other wise the offer shall be rejected as non-responsive.
2.6 Bidding is open to all eligible Bidders meeting the eligibility criteria as defined in Clause No.3.3 & 3.4 of Instructions to Bidders. Bidders are advised to note the minimum qualification criteria specified below to qualify for the award of the contract.
(i) Average annual financial turnover during the last three years ending 31st March 2015, should be at least Rs. 2,21,67,835/-. Supporting documents duly Certified by Chartered Account shall be submitted with attestation (notarized).
(ii) The Tenderer shall have successfully completed “Similar works” mentioned below during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following:.
(a) Three similar completed works each costing not less than Rs.2,95,57,114/- OR
(b) Two similar completed works each costing not less than Rs. 3,69,46,392/- OR
(c) One similar completed work costing not less than Rs. 5,91,14,227/-
NOTE (1):"Similar Work" means: Turnkey works of “Design, Supply, Installation, Testing & Commissioning of Rooftop Solar Power System and making synchronization with ON/Off Grid at any State/Central/PSU/Private organizations of the above mentioned cost”.
Detailed Notice Inviting Tender 12 Providing Solar Power system at New Mangalore Port premises
NOTE(2): The Tederers shall enclose the supporting documents viz. Notarized copies of work order for “similar works”, successful completion certificates from clients indicating the date of Completion and Contract Value shall be submitted.
(iii) :The Tenderer should have designed, supplied, Tested & commissioned of minimum 500KW single PV Solar Power System and document proof with successful completion report for the same shall be submitted with Notarized attestation.
(iv) Authorization letter or MOU from the vendors/manufacturers for Modules & Power Conditioner Unit should be produced.
(v) The Bidder should be manufacturer of SPV Systems or having an established tie up with a PV system Manufaturering company for the past three years having capacity of manufacturing PV Modules not less than 2MWp (supported by OEM Certificate)
2.7 PRICE PREFERENCE / PURCHASE PREFERANCE / DOMESTIC PREFERANCE CLAUSE(s) are not applicable to this tender.
2.8 The Employer/ Board do not bind themselves to accept the lowest or any tender and reserve the right to accept any tender in part or to reject any tender without assigning any reason therefor.
2.9 Pre-bid meeting will be held in online with the firms who have registered with M/s. MSTC. The registered Tenderer shall submit their queries in writing to The Superintending Engineer (E), NEW MANGALORE PORT TRUST, in connection with this tender well in advance through mail, so that the queries can be attended to. The pre- bid queries will be received upto 11.07.2016 at 15:00 hours. The pre-bid queries will not be entertained after the cut off date & time.
2.10 The due date of submission of offers shall be intimated after pre-bid meeting unless otherwise notified. In the event of changes in the schedules, the NEW MANGALORE PORT TRUST notifies the same through its web site and also in writing only to those prospective bidders who have registered with M/s.MSTC.
Detailed Notice Inviting Tender 13 Providing Solar Power system at New Mangalore Port premises
2.11 If the offers are not received according to the instructions detailed here above, they shall be liable for rejection. The corrections and remarks shall be either type-written or must be in ink and duly authenticated.
-sd/- The Superintending Engineer (Elec.), New Mangalore Port Trust,
Detailed Notice Inviting Tender 14 Instructions to Bidders INDEX
Clause No. Title Page No.
3.1 Scope of Bid…………………………………………………………………… …17
3.2 Source of Funds ...... 17
3.3 Eligible Bidders ...... 17
3.4 Eligibility Criteria ...... 17
3.5 One Bid per Bidder ...... 21
3.6 Cost of Bidding ...... 21
3.7 Site visit ...... 21
3.8 Content of Bidding Documents ...... 22
3.9 Clarification of the Bidding Documents ...... 22
3.10 Amendment of Bidding Documents ...... 23
3.11 Language of the Bid ...... 24
3.12 Documents comprising the Bid ...... 24
3.13 Bid Prices ...... 24
3.14 Currencies of Bid and Payment ...... 25
3.15 Bid Validity ...... 25
3.16 Bid Security (Earnest Money Deposit- EMD) ...... 26
3.17 Alternative Proposals by Bidders ...... 26
3.18 Format and Signing of Bid ...... 26
3.19 Deadline for Submission of the Bids ...... 27
3.20 Modification and Withdrawal of Bids ...... 27
3.21 Bid Opening ...... 27
3.22 Process to be confidential ...... 28
3.23 Clarification of Bids ...... 28
3.24 Examination of Bids and Determination of Responsiveness...... 28
3.25 Correction of Errors ...... 29
3.26 Time of Completion ...... 29
3.27 Evaluation and Comparison of Bids ...... 29
Instructions to Bidders INDEX
Clause No. Title Page No.
3.28 Award Criteria ...... 30
3.29 Employer's Right to accept any Bid and to reject any or all ...... 30
3.30 Notification of Award and Signing of Agreement...... 30
3.31 Performance Security ...... 31
3.32 Advance Payment ...... 31
3.33 Disputes and Settlement of Disputes ...... 32
3.34 Corrupt or Fraudulent Practices ...... 32
3.35 The Law, which applies to the Contract ...... 33
Providing Solar Power system at New Mangalore Port premises
3. INSTRUCTIONS TO BIDDERS GENERAL 3.1 Scope of Bid
3 . 1 . 1 The New Mangalore Port Trust, Mangalore – 575 010, invites bids for the work of “Design, Supply, Installation, Testing & Commissioning of 840KW Rooftop Solar Power System at New Mangalore Port premises (referred to as "the works") detailed in the NIT. The Bidders may submit bids through online as detailed in the table given in Schedule of Tender (SoT) & Schedule-I
3 . 1 . 2 The successful Bidder will be expected to complete the works by the intended completion date as specified in the Tender.
3.2 Source of Funds
3.2.1 The Employer will have sufficient funds in Indian currency for execution of the works. 3.3 Eligible Bidders
3.3.1 The Invitation for Bids is open to all eligible bidders meeting the eligibility criteria as defined in Clause No.3.4
3.3.2 Government-owned enterprises may only participate if they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the Employer subject to fulfillment of Minimum Qualifying Criteria.
3.3.3 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the employer in accordance with clause 3.35. A. ELIGIBILITY
3.4 Eligibility Criteria
3 . 4 . 1 e- Tenders are invited by New Mangalore Port Trust from the reputed Company. Should be listed as MNRE Accredited Manufacturers/MNRE channel partner with valid accreditation under JNNSM for DESIGN, SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 840KW ROOFTOP SOLAR POWER SYSTEM AT NEW MANGALORE PORT PREMISES as per clause No.4 (Eligibility Criteria) of Tender, under two cover system. Offers in the prescribed forms are to be submitted as per SoT & Schedule-I.
Instruction to Bidders 17
Providing Solar Power system at New Mangalore Port premises
a) The Tenderer and/or his representatives will be granted permits to visit the site for the purpose of inspection, on receipt of a formal written request. The Tenderer will be fully responsible for any injury (whether fatal or otherwise) to himself or his representatives for any loss or damage to property or for any other loss, damage, costs and expenses whatsoever caused which but for the granting of such permission would not have arisen.
b) Authorization letter or MOU from the vendors/manufacturers for Modules & Power Conditioner Unit should be produced.
c) Experience on similar works executed during the last seven years, and details like monetary value, clients, proof of satisfactory completion as per Annexure-5.
d) Documentary evidence of adequate financial standing and proof from client for satisfactory completion of works as per Annexure -5 & 13.
e) Solvency Certificate from Bankers for Rs. 1,47,78,600/- as per Annexure .12
f) Managerial / Manpower requirement as per Annexure-5
g) Project Planning and Quality Control procedure to be adopted as per Annexure-6.
h) Information regarding projects in hand, current litigation, orders regarding exclusion, expulsion or black listing, if any as per Annexure-5
3.4.2 If the Employer has not undertaken pre-qualification of potential bidders, all bidders shall include the following information and documents with their bids. a) copies of original documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the Bid to commit the Bidder as per Annexure -2 & 3;
b) total monetary value of works performed for each of the last Seven years as per Annexure-5; c) experience in works of a similar nature and size for each of the last Seven years, and details of works underway or contractually committed; and Employers who may be contacted for further information on those contracts as per Annexure-5;
Instruction to Bidders 18
Providing Solar Power system at New Mangalore Port premises
d) qualifications and experience of key site management and technical personnel proposed for the Contract as per Annexure-5;
e) reports on the financial standing of the Bidder, such as profit and loss statements and auditor's reports for the past three years as per Annexure-5.
f) evidence of adequacy of working capital for this contract (access to line(s) of credit and availability of other financial resources) as per Annexure .13
g) Authority to seek references from the Bidder's bankers;
h) information regarding any litigation, current or during the last five years, in which the Bidder is involved, the parties concerned, and disputed amount as per Annexure-5;
i) proposals for subcontracting components of the Works amounting to more than 10 percent of the Bid Price (for each, the qualifications and experience of the identified sub-contractor in the relevant field should be annexed); and
j) The proposed methodology and program of construction, backed with equipment planning and deployment, duly supported with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and completion of the work as per Technical Specifications within the stipulated period of completion as per milestones.
3.4.3 To qualify for award of the contract, Bidders are advised to note the minimum qualification criteria specified below.
(i) Average annual financial turnover during the last three years ending 31st March 2015, should be at least Rs. 2,21,67,835/-. Supporting documents duly Certified by Chartered Account shall be submitted with attestation (Notarized).
(ii) The Tenderer shall have successfully completed “Similar works” mentioned below during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following:.
(a) Three similar completed works each costing not less than
Instruction to Bidders 19
Providing Solar Power system at New Mangalore Port premises
Rs.2,95,57,114/- OR (b) Two similar completed works each costing not less than Rs. 3,69,46,392/-OR (c) One similar completed work costing not less than Rs. 5,91,14,227/- NOTE (1):"Similar Work" means: Turnkey works of “Design, Supply, Installation, Testing & Commissioning of Rooftop, Solar Power System and making synchronization with Grid at any State/Central/PSU/Private organizations of the above mentioned cost”.
NOTE(2): The Tederers shall enclose the supporting documents viz. Notarized copies of work order for “similar works” and successful completion certificates from clients indicating the date of Completion and Contract Value shall be submitted.
(iii) The Tenderer should have designed, supplied, Tested & commissioned of minimum 500KW single PV Solar Power System and document proof with successful completion report for the same shall be submitted with Notarized attestation.
(iv) The Bidder should be manufacturer of SPV Systems or having an established tie up with a PV system Manufaturering company for the past three years having capacity of manufacturing PV Modules not less than 2MWp (supported by OEM Certificate)
3.4.4 To qualify for a package of contracts made up of this and other contracts for which bids are invited in the NIT, the bidder must demonstrate having experience and resources sufficient to meet the aggregate of the qualifying criteria for the individual contracts. 3.4.5 Sub-contractors' experience and resources shall not be taken into account in determining the bidder's compliance with the qualifying criteria except to the extent stated in 3.4.4 above. 3.4.6 Even though the Bidders meet the above qualifying criteria, they are subject to be disqualified if they have:
made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or
record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures etc.
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3.5 One Bid per Bidder
3.5.1 Each bidder shall submit only one bid for one package. A bidder who submits or participates in more than one Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidder's participation to be disqualified.
3.5.2 A Tenderer shall not have a conflict of interest. All Tenderers found to have conflict of interest shall be disqualified. Tenderers may be considered to have a conflict of interest with one or more parties in this Tendering process, if they. a) are or have been associated in the past, with a firm or any of its affiliates which have been engaged by the Employer to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under these Tendering Documents ; or
b) submit more than one Tender in this Tendering process. However, this does not limit the participation of subcontractors in more than one Tender;
3.5.3 A Tenderer that is under a declaration of ineligibility by the Employer in accordance with ITB Clause 3.35, at the date of contract award, shall be disqualified.
3.5.4 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request.
3.6 Cost of Bidding
3.6.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and the Employer will in no case be responsible and liable for those costs. 3.7 Site visit 3.7.1 The Tenderer shall examine carefully the conditions of contract and the specification etc., in the Tender document. Though every effort is made herein to give basic data as exhaustively as possible, the Tenderer is advised to visit the New Mangalore Port
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and its approaches and get himself thoroughly acquainted with all necessary data concerning weather conditions, working conditions, sea conditions, etc. for the purposes of making a correct offer. All costs, charges and expenses that may be incurred by the Tenderer in connection with such investigations for the submission of his offer shall be borne by him and the Board accepts no liability or responsibility whatsoever therefor. B. BIDDING DOCUMENTS 3.8 Content of Bidding Documents
3.8.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 3.10:
1. Notice Inviting Tender 2. Detailed Notice Inviting Tender 3. Instructions to Bidders 4. Annexure 1 to 13 5. General Conditions of Contract 6. Special Conditions of Contract 7. Contract Data 8. Forms 1 to 5 9. Technical Specifications
3.8.2 The Bidder is expected to examine carefully all instructions, conditions of contract, contract data, forms, terms, technical specifications, bill of quantities, annexures etc. in the bid document. Failure to comply with the requirements of the bid document shall be at the bidder's own risk. Pursuant to Clause 3.24 hereof, bids which are not substantially responsive to the requirements of the bid documents shall be rejected.
3.9 Clarification of the Bidding Docu ments.
3.9.1 A prospective bidder requiring any clarification of the bidding documents may notify the Superintending Engineer (Elec) in writing or by electronic form and be confirmed by hard copy at the address indicated in the NIT. The SE(E) will respond to any request for clarification which he received earlier than days (suggested 10 days) prior to the deadline for submission of bids. Copies of the CME’s response will be uploaded in the Port/Government website and MSTC Portal. 3.9.2 Pre-bid meeting. 3.9.2.1 The bidder is invited to attend a on line pre-bid meeting
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which will take place as detailed at Clause No.2.9 of Detailed NIT
3.9.2.2 The purpose of the on line meeting will be to clarify issues and to answer question on any matter that may be raised at that stage.
3.9.2.3 The bidder is requested to submit any questions in writing by mail through MSTC or fax to reach the CME not later than as specified time limit in the SOT.
3.9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the source of enquiry) and the responses given will be transmitted without delay to all Registered(MSTC) Bidders and also published in Port and Govt. Tender websites. Any modification of the bidding documents listed in Sub-Clause 3.8.1 which may become necessary as a result of the pre-bid meeting shall be made by the CME exclusively through the issue of an Addendum pursuant to Clause 3.10 and not through the minutes of the pre- bid meeting.
3.9.2.5 No n- attendance at the pre - bid meeting will not be a cause for disqualification of a Bidder.
3.10 Amendment of Bidding Documents 3.10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by using addenda and the same shall be uploaded on the MSTC/Port/Govt. websites. 3.10.2 To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer shall extend as necessary the deadline for submission of bids, in accordance with Sub-Clause 3.19.2 below.
C. PREPARATION OF BIDS:
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3.11 Language of the Bid
3.11.1 All documents relating to the bid shall be in the English language. 3.12 Documents comprising the Bid shall be uploaded. 3.12.1 The bid submitted by the bidder shall comprise the following. A) Technical Bid (i) EMD of Rs Rs.8,49,767.00 as Bid Security
(ii) Tender fee of Rs.10,000/- + 5.5% VAT
(iii) Original copy of drawings along-with addendums if any, duly initialed on each page with company’s seal as token of acceptance of Tender Conditions & Specifications.
(iv) The following documents shall be duly filled in, signed & stamped
(a) Letter of submission – covering letter (Annexure – 1)
(b) Tenderer Information form (Annexure – 2)
(c) Power of Attorney (in original) in favour of Signatory/s to the tender, duly Authenticated by Notary Public (Annexure – 3)
(d) Form of Bid (Annexure – 4)
(e) Pre-Qualification of Bidders (Annexure – 5)
(f) Construction schedule & other Details (Annexure – 6)
(g) Declaration Form (Annexure – 7)
(h) Contractors Bid as per Annexure 8
(i) Bankers Details (Annexure 9)
(j) Solvency Certificate from bankers for Rs 1,47,78,600/- as per Annexure.12
(k) Financial capability as per Annexure .13
(l) Notarized Copy of Service Tax Registration Certificate
B)Financial Bid (i) Priced Bill of Quantities
3.13 Bid Prices 3.13.1 The contract shall be for the whole works as described in Sub- Clause 3.1, based on the priced Bill of Quantities submitted by the Bidder.
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3.13.2 The bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. Corrections, if any, shall be made by crossing out, initialing, dating and rewriting. All pages of the bill of quantities shall be initialed.
3.13.3 All duties, taxes, and other levies payable by the contractor under the contract, or for any other cause shall be included in the rates, prices except Service Tax, SBC & KKC and total Bid Price to be submitted by the Bidder. Statutory deductions (TDS) as applicable from time to time will be deducted at source while releasing the stage payment.
3.13.4 The rates and prices quoted by the bidder shall be fixed for the duration of the Contract and shall not be subject to adjustment on any account. It must be clearly understood that the rates quoted in the tender are to include everything required to be done by the Tenderer as per instructions to Bidders, conditions of contract and specification referred to therein and also for all such work as is necessary for the proper completion of the contract although specific mention thereof may not have been made in the Trust’s Tender documents. The rates shall be inclusive of all incidentals necessary for the due fulfillment of the contract. The tenderer should quote in cost schedule the firm price and shall be bound to keep this price firm until they complete supply against this tender and no escalation whatsoever for any item shall be applicable during the entire period of execution of the order.
3.14 Currencies of Bid and Payment 3.14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. 3.15 Bid Validity 3.15.1 Bids shall remain valid for a period not less than 120 days after the deadline date for bid submission specified in Clause 3.19. A bid valid for a shorter period shall be rejected by the Employer as non- responsive. 3.15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the bidders may extend the period of validity for a specified additional period. The request and the bidders' responses shall be made in writing or by fax. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be permitted to modify his bid.
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3.16 Bid Security (Earnest Money Deposit- EMD)
(a) Earnest money Deposit (EMD) should be Rs 8,49,767/- (Rupees eight Lakhs forty nine Thousand seven Hundred sixty seven only)
(b) EMD of unsuccessful bidders other than L1 and L2 be refunded immediately after ranking of price bids. Earnest Money of L2 be refunded immediately after entering in to Agreement with L1 and acceptance of performance Guarantee from L1. (c) EMD be refunded suo-motto without any application from the bidders. (d) The Earnest Money Deposit of unsuccessful Tenderers shall be returned without interest as early as possible on award of Contract to the successful Tenderer. The Earnest Money Deposit of the successful Tenderer shall be refunded (without interest) only on receipt of Performance Guarantee as stipulated in the tender. The Tenderers are required to furnish a HR in Annexure-11 duly signed & stamped for refunds of EMD.
(e) The Bid Security may be forfeited with applicable Service Tax, SBC & KKC, if
(i) the Bidder withdraws the Bid after Bid opening during the period of Bid Validity;
(ii) the Bidder does not accept the correction of the Bid Price, pursuant to Clause 3.25; or
(iii) the successful Bidder fails within the specified time limit to 1) sign the Agreement or 2) furnish the required Performance Security.
3.17 Alternative Proposals by Bidders 3.17.1 Conditional offer or Alternative offers will not be considered further in the process of tender evaluation. 3.18 Format and Signing of Bid 3.18.1 The Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder. All pages of the bid and where entries or amendments have been made shall be initialed by the person or persons signing the bid. 3.18.2 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the bidder in which case such corrections shall be initialed by the person or persons signing the bid.
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D. SUBMISSION OF BIDS
3.19 Deadline for Submission of the Bids 3.19.1 Bids must be submitted as specified in the Schedule of Tender (SoT). 3.19.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 3.10, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline. 3.19.3 In case of tender document being downloaded from the web site, at the time of submission of (the hard copy of) the tender document, the tenderer shall give an undertaking that no changes have been made in document as per specimen Declaration Form (Annexure 7). He shall be issued a printed set of document under acknowledgment with a condition that the printed version of the Port Tender Document will be treated as authentic tender and if any discrepancy is noticed at any stage between the Port's Tender document and the one submitted by the tenderer, the conditions mentioned in the Port's printed document shall prevail. Besides, the tenderer shall be liable for legal action for the lapses.
3.20 Modification and Withdrawal of Bids 3.20.1 No bid may be modified after the deadline for submission of Bids. 3.20.2 Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the original period of bid validity in Clause 3.15.1 above or as extended pursuant to Clause 3.15.2 may result in the forfeiture of the Bid security pursuant to Clause 3.16. E. BID OPENING AND EVALUATION 3.21 Bid Opening
3.21.1 On the due date and appointed time as specified in clause 3.19, the Employer will first open Technical bids of all bids received. 3.21.2 If all Bidders have submitted unconditional Bids together with requisite Bid security, then all Bidders will be so informed then and there. If any Bid contains any deviation from the Bid documents and /or if the same does not contain Bid security in the manner prescribed in the Bid documents, then that Bid will be rejected and the Bidder informed accordingly. The Financial bid containing priced BoQ will be returned to him without opening. All valid Financial Bids whose technical bids have been determined to be substantially responsive in accordance with Clause 3.24 hereof, shall be opened on the specified date from declaring the results of the Technical Bid.
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3.22 Process to be confidential
Information relating to the examination, clarification, evaluation and comparison of the bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful bidder has been announced. 3.23 Clarification of Bids
3.23.1 To assist in the examination and comparison of Bids, the Employer may, at his discretion, ask any Bidder for clarification of his Bid, including breakdown of unit rates. The request for clarification and the response shall be in writing or by fax, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to conform the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in accordance with Clause 3.25.
3.23.2 Subject to sub-clause 3.23.1, no Bidder shall contact the Employer on any matter relating to his bid from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, he should do so in writing.
3.23.3 Any effort by the Bidder to influence the Employer's bid evaluation, bid comparison or contract award decisions, may result in the rejection of his bid. 3.24 Examination of Bids and Determination of Responsiveness. 3.24.1 Prior to detailed evaluation of Bids, the Employer will determine whether each Bid (a) meets the eligibility criteria defined in Clause 3.4, b) has been properly signed by an authorised signatory (accredited representative) holding Power of Attorney in his favour. The Power of Attorney shall interalia include a provision to bind the Bidder to settlement of disputes clause, (c) is accompanied by the required Bid Security(EMD) and (d) is responsive to the requirements of the Bidding documents. 3.24.2 A substantially responsive Technical and Financial Bid is one which conforms to all the terms, conditions and specification of the Bidding documents, without material deviation or reservation and also satisfies eligibility & qualification criteria. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality or performance of the Works, (b) which limits in any substantial way, the Employer's rights or the Bidder's obligations under the Contract or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting responsive Bids.
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3.24.3 If a Technical Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation. 3.24.4 The Financial bid of those bidders whose Technical bid has been determined to be non-responsive shall not be opened. 3.25 Correction of Errors 3.25.1 Bids determined to be responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows: (a) Where there is a discrepancy between the rates in figures and in words, the rate in words will govern and (b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern. 3.25.2 The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the bidder. If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Bid security(EMD) may be forfeited in accordance with Sub-Clause 3.16 e(ii). 3.26 Time of Completion The Tenderer shall note that the completion period as stipulated in this tender shall be counted from the date of issue of Letter of Acceptance. The time for completion is 6 (six) Months. 3.27 Evaluation and Comparison of Bids 3.27.1 The Employer will evaluate and compare only the Bids determined to be responsive in accordance with Clause 3.24. 3.27.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by adjusting the Bid Price as follows: a) making any correction for errors pursuant to Clause 3.25; 3.27.3 For evaluation of contract price, the Priced Bill of Quantities items will be taken into account. 3.27.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer or his Representative’s estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed price analysis for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the implementation/construction methods and schedule proposed.
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3.27.5 Offers, deviations & other factors which are in excess of the requirement of the Tender document or otherwise result in the accrual of unsolicited benefits to the Employer shall not be taken into account in Tender evaluation. F. AWARD OF CONTRACT
3.28 Award Criteria 3.28.1 The Employer will award the Contract to the Bidder whose Bid has been determined to be responsive to the Bidding documents and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3.3, and (b) qualified in accordance with the provisions of Clause 3.4. The second bidder (i.e.L2) shall be kept in reserve and may be invited to match the bid submitted by the (L1) bidder in case such bidder withdraws or is not selected for any reason. 3.29 Employer's Right to accept any Bid and to reject any or all
Notwithstanding clause 3.28, the Employer reserve the right to accept or reject any bid and to cancel the bidding process and reject all bids, at any time prior to the award of contract, without thereby incurring any liability to the affected bidder or bidders of the grounds for Employer's action. 3.30 Notification of Award and Signing of Agreement. 3.30.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by fax confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Employer will pay the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the" Contract Price"). 3.30.2 The notification of award will constitute the formation of the Contract subject only to the furnishing of a Performance Security in accordance with the provisions of Clause 3.31. 3.30.3 The Agreement will incorporate all correspondence between the Employer and the successful Bidder. The Contractor shall enter into and execute the Contract Agreement, to be prepared and completed at the cost of the Contractor, in the Form-1 with such modifications as may be necessary and furnish the performance security within 14 days of issue of Letter of Acceptance. The agreement to be executed on a non-judicial Stamp paper of value Rs.100 within 14 Days from the date of LoA. 3.30.4 Upon furnishing by the successful Bidder of the Performance Security and executing the Agreement, the Employer will release the Bid security of L2 Bidder.
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3.31 Performance Security
3.31.1 Performance Security Deposit shall consist of two parts; a) Performance Guarantee to be submitted at award of work, and b) Retention money to be recovered from Running Bills.
3.31.2 Performance Security should be 10% of Contract price of which 5% of contract price rounded off to nearest thousand Rupees should be submitted as Bank Guarantee from Nationalized/ scheduled Bank having a Branch at Mangalore and encashable at Mangalore, or Demand Draft within 21 days of issue of Letter of Acceptance including service Tax and balance 5% shall be recovered as Retention Money from Running Bills. Recovery of 5% of Retention Money to commence from the First bill onwards @ 10% of bill value from each bill subject to a maximum of 5% of Contract Value including Service Tax. Thereafter, the total of 10% of Performance Security(5% B.G. plus 5% Retention Money) shall be returned after the Contractor has executed and completed the works and remedied any defects therein noticed during Defect Liability Period in accordance with the Contract. No claim shall be made against such security after the issue of Defects Liability Certificate in accordance with Sub-Clause 5.44 of GCC.
3.31.3 The successful bidder has to submit two Performance Guarantees.
1) First Performance Guarantee equivalent to 10% of the total contract Price minus CMC cost (contract price-CMC cost) = P1.
The amount of contract price minus CMC cost i.e., 10% of P1 shall be submitted in the following manner:-
(a) 5% of the P1 in form of Bank Guarantee and (b) The balance 5% shall be retention money recovered from each stage payment of R.A Bill.
2) Performance Guarantee for CMC i.e. 10% of CMC cost shall be submitted on expiry of the Guarantee period of five years The amount of CMC i.e. 10% of contract price of CMC cost shall be submitted in the following manner:- (a) 5% of the CMC cost in form of Bank Guarantee towards CMC cost before expiry of Guarantee period.The balance 5% of CMC cost shall be as retention money recovered from each stage payment of R.A. bill @ 5% of the bill value.
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3.31.4 Once the CMC guarantee of 5% value is received, performance guarantee given for P1 will be released.
3.31.5 Failure of the successful Bidder to comply with the requirements of Sub-Clause 3.31.1 shall constitute sufficient grounds for cancellation of the award of work and forfeiture of the Bid Security including Service Tax. 3.32 Advance Payment
3.32.1 No Advance Payment will be made.
3.33 Disputes and Settlement of Disputes
3.33.1 Disputes If the Contractor believes that a decision taken by the Engineer or Engineer’s Representative was either outside the authority given to the Engineer or Engineer’s Representative by the Contract or that the decision was wrongly taken, the decision shall be referred to the Dispute Review Board (DRB) within 28 days of the notification of the Engineer or Engineer’s Representative decision. 3.33.2 Settlement of Disputes If a dispute of any kind whatsoever arises between the Employer and the Contractor in connection with, or arising out of the Contract or the execution of the Works, whether during the execution of the Works or after their completion and whether before or after repudiation or after termination of the Contract, including any disagreement by either party with any action, inaction, opinion, instruction, determination, certificate or valuation of the Engineer or Engineer’s Representative, the matter in dispute shall, in the first place be referred to the Disputes Review Board [DRB] which will be constituted after execution of the Agreement. A specimen form of Dispute Review Board Agreement is in – Form 5.
3.34 Corrupt or Fraudulent Practices. 3.34.1 The Employer requires that Bidders/Suppliers/Contractors under this contract, observe the highest standard of ethics during the procurement and execution of this contract. In pursuance of this policy, the Employer. (a) defines, for the purpose of these provisions, the terms set forth below as follows:
(i) "corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution;and
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(ii) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, 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 the Employer of the benefits of free and open competition
(b) will reject a proposal for award of work if he determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question.
(c) will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be awarded a contract/contracts if he at any time determines that the Bidder has engaged in corrupt or fraudulent practices in competing for, or in executing, the contract. 3.35 The Law, which applies to the Contract The Contract shall be governed by the Indian Contract Act and under the Indian Law. The Arbitration for settlement of disputes shall be held in Mangalore, Karnataka, India.
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4. ANNEXURES
Sl. No. Section Description i) Annexure 1 Letter for submission of Bid – Covering letter ii) Annexure 2 Tenderer Information form iii) Annexure 3 Power of Attorney (in original) in favour of Signatory/s to the tender, duly Authenticated by Notary Public iv) Annexure 4 Form of Bid v) Annexure 5 Pre-Qualification of Bidders vi) Annexure 6 Construction schedule & other Details vii) Annexure 7 Declaration Form viii) Annexure 8 Contractors Bid ix) Annexure 9 Bankers Details for E-Payment x) Annexure 10 Letter of Acceptance xi) Annexure 11 Hand Receipt xii) Annexure 12 Proforma of Solvency Certificate xiii) Annexure 13 Financial Capability
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Annexure .1
LETTER OF SUBMISSION – COVERING LETTER (On the Letter Head of the Bidder) Date: To, The Superintending Engineer (Electrical), New Mangalore Port Trust, Administration Building, Panambur, Mangalore – 575 010 Karnataka State.
Sir,
Sub: The work of “Design, Supply, Installation,Testing & Commissioning of 840KW Rooftop Solar Power System at New Mangalore Port premises”
Being duly authorized to represent and act on behalf of ……………………………… (Hereinafter referred to as “the Bidder”) and having reviewed and fully understood all of the requirements of the bid document and information provided, the undersigned hereby apply for the work referred above.
We are submitting our bid enclosing all the documents with the details as per the requirements of the Tender Document, for your evaluation.
Signature (Authorised Signatory) Company Seal:
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Annexure .2 Tenderer Information Form [The Tenderer shall fill in this Form in accordance with the instructions indicated below. No alterations to its format shall be permitted and no substitutions shall be accepted.]
Date: [insert date (as day, month and year) of Tender Submission] Tender No.: [insert number of Tendering process]
Page ______of______pages 1. Tenderer’s Legal Name [insert Tenderer’s legal name]
2. Tenderer’s actual or intended Country of Registration: [insert actual or intended Country of Registration along with Registration Details]
3. Tenderer’s Year of Registration: [insert Tenderer’s year of registration]
4. Tenderer’s Legal Address in Country of Registration: [insert Tenderer’s legal address in country of registration]
5. Tenderer’s Authorized Representative Information
Name: [insert Authorized Representative’s name] Address: [insert Authorized Representative’s Address] Telephone/Fax numbers: [insert Authorized Representative’s telephone/fax numbers] Email Address: [insert Authorized Representative’s email address]
7. Attached are copies of original documents of: [check the box(es) of the attached original documents]
In case of government owned entity from India, documents establishing legal and financial autonomy and compliance with commercial law, in accordance with ITB Sub-Clause 3.5.4
PAN NUMBER
Service Tax Number
VAT/ Sale Tax Registration Numbers
ESI Certificate
PF Certificate
(Authorised Signatory) Company Seal:
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Annexure .3 (To be executed on non-judicial Stamp Paper of Rs.100/-)
FORMAT OF POWER OF ATTORNEY (in original) In favour of signatory/s to the Tender, duly authenticated by Notary Public.
POWER OF ATTORNEY IN FAVOUR OF ------(Name, Designation, Company name)
TO ALL TO WHOM THESE PRESENTS shall come, I, (Name & address of the authorized person to sub-delegate/delegate powers, delegated on him by the Board of Directors) do hereby sub-delegate/delegate, in terms of the powers delegated to me by the Board of Directors, ------(name of the Co.) to Shri ------(name, designation & address of the Attorney) the following:
NOW KNOW YE AND THOSE PRESENTS that I, (Name & address of the authorized person to sub-delegate/delegate powers, delegated on him by the Board of Directors), do hereby authorize and empower Shri ------(name, designation & address of the Attorney) to do severally amongst others, for the purpose of carrying on our business, the following:
a) To represent lawfully the (name of the Co.) for obtaining bid/tender documents, prepare, sign, execute and submit tenders for execution of work of Design, Supply, Installation, Testing & Commissioning of Solar Power System at New Mangalore Port premises or any other works incidental to such works b) To discuss the technical and financial matters, negotiate and accept prices and take decisions regarding terms and conditions and sign agreements and contracts and also to bind the (name of the Co.) to the arbitration clause included in the contract. c) For all or any of the purposes here of to sign and deliver or otherwise execute such deed or deeds, transfer or transfers, endorsement or endorsements and to perform such other acts, matters, things as the Attorney shall consider requisite or advisable as full and effectively as the Company could do, if present and acting there.
I, (Name & address of the authorized person to sub-delegate/delegate powers, delegated on him by the Board of Directors) in terms of the powers delegated to me by the Board of Directors of (name of the Co.), do hereby agree that all acts, deeds and things done by the said Attorney by virtue of this power of attorney, shall be construed as acts, deeds and things done by the Company.
I, (Name & address of the authorized person to sub-delegate/delegate powers, delegated on him by the Board of Directors), further undertake to ratify and confirm whatever our said attorney shall do or cause to be done for the Company, the said Company, in the premises, by virtue of the powers hereby given.
WHEREAS, this sub-delegation is signed and delivered to Shri ------(name & designation of the Attorney), on this ______day of ______, 20____ (Two thousand ______).
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WHEREAS, even though this sub-delegation is signed on this ______day of ______20______(Two thousand ______), will have effect from the date he signs and receives this delegation.
IN WITNESS WHEREOF, I, (Name & address of the authorized person to sub- delegate/delegate powers, delegated on him by the Board of Directors) has, this ______day of ______20_____ (Two thousand ______) set my hands and subscribed my signature unto this instrument.
SIGNED AND DELIVERED ON ______BY
(Name of authorized person to delegate powers)
WITNESS:
SIGNED AND RECEIVED ON ______BY
(Name & designation of Attorney)
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Annexure .4
SPECIMEN FOR FORM OF BID (To be executed on bidder's letter head)
[The Tenderer shall fill in this Form in accordance with the instructions indicated No alterations to its format shall be permitted and no substitutions shall be accepted The Form shall be submitted in both the Techno- Commercial and Price Covers separately.]
Date: [insert date (as day, month and year) of Tender Submission] Tender No.: [insert Tender number and Title] To The Chief Mechanical Engineer, New Mangalore Port Trust, Panambur, Mangalore – 575 010, Karnataka State
We, the undersigned, declare that a) We have examined and have no reservations to the Tendering Documents, including Addenda No. [insert the number and issuing date of each Addenda, Clarifications issued after Pre-bid meeting along with Minutes]; b) We offer to execute the work in conformity with the Tendering Documents and in accordance with the Delivery Schedules specified in the Schedule of Requirements in accordance with the tender document bearing no. (insert Tender no.)]; c) The total price of our Tender, excluding any discounts offered in item (d) below, is: [insert the total Tender price in words and figures, indicating the various amounts and the respective currencies]; [in case of Techno- Commercial offer it shall be mentioned that " as filled in the Price Bid] d) The discounts offered and the methodology for their application is:
Discounts. If our Tender is accepted, the following discounts shall apply. [Specify in detail each discount offered and the specific item of the Schedule of Requirements to which it applies.] [in case of Techno- Commercial offer it shall be mentioned that “ as filled in the Price Bid”)
Methodology of Application of the Discounts. The discounts shall be applied using the following method: [Specify in detail the method that shall be used to apply the discounts]; [in case of Techno- Commercial offer it shall be mentioned that “as filled in the Price Bid] e) Our tender shall be valid for the period of time specified in [ITB Sub-Clause 3.15.1)), from the date fixed for the Tender submission deadline in accordance with [/TB Sub-Clause 3.20.1) and it shall remain binding_ upon us and may be accepted at any time before the expiration of that period or any extended period in accordance with [ITB Sub-Clause 3.15.2)]; f) If our tender is accepted, we commit to submit a performance guarantee in accordance with [Insert relevant clause no., ITB Sub-Clause 3.31)] for the due performance of the Contract, as specified in specimen form for the purpose;
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g) We, including any subcontractors or Contractors for any part of the contract, [insert the nationality of the Tenderer and nationality Sub Contractor] h) We have no conflict of interest in accordance with (ITB Sub-Clause No.3.5));
(i) Our firm, its affiliates or subsidiaries—including any subcontractors or Contractor s for any part of the contract—has not been declared ineligible by the Port, under laws of India or official regulations, in accordance with [ITB Sub- Clause No.3.3,3.4 &3.34];
(j) We understand that this Tender, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal contract Agreement is prepared and executed in accordance with ITB Clause 3.30 and as per specimen form for the purpose;
(k) We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that you may receive
(I) We also make a specific note clauses of ITB, General Conditions of Contract, Special Conditions of Contract, Technical Specifications, Tender Drawings, addendum if any, etc. under which the Contract is governed.
(m) In case of Out Station Firms, having a branch in India for liaison purposes, please mention the Name of the Contact person and Tel. No, Fax No., and mail- Id and also the Complete Postal Address of the Firm.
(n) We understand that the Communication made with the Firm at (m), by the Port shall be deemed to have been done with us.
Signed [insert signature of person whose name and capacity are shown]
In the capacity of [insert legal capacity of person signing the Form of Tender]
Name: [insert complete name of person signing the Form of Tender]
Duly authorized to sign the Tender for and on behalf of: [insert complete name of Tenderer] Dated on ------day of ------[insert date of signing]
Company Seal
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Annexure .5 Pre-QUALIFICATION OF BIDDERS
The information to be filled in by the Bidder in the following pages will be used for purposes of Pre- Qualification as provided for in the Instructions to Bidders.
1. Only for Individual Bidders
1.1 Constitution or legal status of Bidder (Attach copy) o Place of registration: o Principal place of business o (Power of attorney of signatory of Bid (Attach)
2. Turnover of the Firm
Year Turn Over [2012-13,2013-14 and 2014- 2012-13 2013-14 2014-15 15]
i.e LAST THREE FINANCIAL ST YEARS ENDING 31 MARCH OF THE PREVIOUS FINANCIAL YEAR
Attachments: i) Financial reports for the last three years: balance sheets, profit and loss statements, auditors reports (in case of companies/ corporation) etc. List them below and attach copies with Notary.
ii) A statement duly certified by the Chartered Accountant showing the average Financial Turnover of the Tenderer over the last three Financial years[2012-13, 2013-14 and 2014-15] with Attestation.
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3. DETAILS OF SIMILAR WORK DONE DURING THE PAST SEVEN YEARS
Sl. Year Full postal Description of the Value of Completion Date of Actual Year of Remarks No. address of works contract time as commencement completion completion client with stated in the of work time fax nos. tender (months) (months) 1. 2008-09 2. 2009-10 3. 2010-11 4. 2011-12 5. 2012-13 6. 2013-14 7. 2014-15
Attachments: Supporting documents, viz. Work Order copies, Successful completion certificates from clients indicating date of completion, contract value & which are in operation with satisfactory performance, other documentations to substantiate the similarity of work as per definition of "Similar Work". Employers reserve the right to verify the information.
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4. Information on Bid Capacity (works for which bids have been submitted and works which are yet to be completed) as on the date of this bid.
(A) Existing commitments and on-going works: Description Place Contract Name Value of Stipulated Value of Anticipated of Work & No. & and Contract Period of remaining date of State Date Address (Rs. Completion to be completion of Port/ Million) completed Client 1 2 3 4 5 6 7 8
(B) Works for which bids already submitted:
Descript Place & Name Stipulated Date when Remarks if any ion of State and Period of decision is Work Address Completio expected of Port / n Client 1 2 3 4 5 6
Attach certificate(s) from the Nodal Officer or his nominee(s)-in-Charge
6. The tenderer shall furnish in the format given below details of the qualifications and experience of key Administrative and Technical personnel proposed for this Contract. Resumes of the key personnel shall be enclosed separately. Refer also to Sub Clause 3.4.2 (d) of instructions to Bidders. Name Professional Age Present Experience qualification Position held with Tenderer
1. On site
2. Off site
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Personnel employed - Technical - Officers Nos. Staff ------1) Only a format in which the information is to be given is indicated above. The Tenderer shall attach additional sheets of bigger sizes to accommodate the necessary information, if required.
7. Information on litigation history in which the Bidder is involved.
Other Port Cause of Amount Remarks Party(ies) dispute involved showing present status
Duly authorized to sign this authorization on behalf of [insert complete name of Tenderer]
Dated on ______day of ______(insert date of signing]
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Annexure .6
Construction Schedule & Other Details
The Tenderer shall submit the CPM/Bar Chart along with the tender in sufficient details to enable evaluation of their grasp of the work and ability to execute it within the Time of Completion.
Signature of the Tenderer with date
Company Seal
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Annexure .7 SPECIMEN DECLARATION FORM (To be executed on bidder's letter head) To ______(Project Title) Ref: ______The undersigned, having studied the pre-qualification submission for the above mentioned project, hereby states: a) The information furnished in our bid is true and accurate to the best of myknowledge. b) That in case of being pre-qualified, we acknowledge that the Employer may invite us to participate in due time for opening of the Price Cover of the tender on the basis of provisions made in the tender documents to follow. c) When the call for tenders is issued, if the legal, technical or financial conditions,or the contractual capacity of the firm or joint venture changes, we commit ourselves to inform you and acknowledge your sole right to review the pre-qualification made. d) We enclose all the required pre-qualification data format and all other documents and supplementary information required for the pre-qualification evaluation.Further, as required, we declare that a) We also state that no changes have been made by us in the downloaded tender documents and also understand that in the event of any discrepancies observed, the printed tender document No.------is full and final for all legal/contractual obligations b) No conditions are incorporated in the Financial Bid. In case any conditions are specified in the Financial Bid, the Tender will be rejected summarily without making any further reference to the Bidder. c) We have not made any payment or illegal gratification to any persons/authority connected with the Bid process so as to influence the Bid process and have not committed any offence under PC Act in connection with the Bid. Date:
Place:
Name of the Applicant : ______Represented by (Name & Capacity) ______
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Annexure .8 CONTRACTOR’S BID
Description of the Works: Tender No. CME/01/2014-15 for Design, Supply, Installation, Testing & Commissioning of Rooftop Solar Power System at New Mangalore Port Premises.
To
------(the Employer) Address ------
GENTLEMEN,
'We offer to execute the Works described above in accord ance with the Conditions of Contract accompanying this Bid for the Contract Price offe re d.
The advance payment required/not required as per rule.
This bid and your written acceptance of it shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any Bid you receive. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely" Prevention of Corruption Act 1988"
We hereby confirm that this Bid complies with the Bid Validity and Bid Security required by the Bidding documents. We attach herewith our copy of Permanent Account Number (PAN).
Yours faithfully,
Authorised Signature:
Name & Title of Signatory Company seal
Name of Bidder
Address
Notes: To be filled in by the Bidder, together with his particulars and date of submission at the bottom of the form of Bid.
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Annexure .9
BANKERS DETAILS FOR E PAYMENT
FORMAT FOR FURNISHING BANK INFORMTION FOR E-PAYMENT 1. Name and full address of the beneficiary 2. Credit Account No. (Should be full 14 digit)
3. Account Type (SB or CA or OD) 4. Name of the Bank 5. Branch (Full address with telephone No.) 6. MICR code (Should be 9 digit) 7. Telephone/mobile/Fax No. of Telephone : the beneficiary Mobile : Fax : 8. Xerox copy of a Cheque 9. PAN Card No. / Details with Xerox copy 10. Bank IFSC Code No. Note: Enclose the xerox copy of a Cheque of your Bank for cross verifying the MICR No.
Signature of the Tenderer with date
Company Seal:
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Annexure .10 LETTER OF ACCEPTANCE (On letterhead Paper of the Port)
To: ______(Name and address of the Contractor)
Dear Sirs, Sub Tender No: Title of the Tender: “Design, Supply, Installation, Testing & Commissioning of 840KW Rooftop Solar Power System at New Mangalore Port premises”
Ref: Your bid dated And [list of correspondence with the bidder
This is to notify you that your Bid dated for execution of the ------(name of the contract and identification number, as given in the Instructions to bidders) for the Contract Price of Rupees ______(amount in words and figures) as corrected and modified in accordance with the Tender document is hereby accepted by the Employer/ Board.
You are hereby requested to furnish Performance Security, in the form detailed in Tender Document for an amount of Rs_____within 2 1 day s o f i ssue of this letter of acceptance and valid upto 28 days from the date of completion of all contractual obligations, subject to removal of Defects i.e. upto _____ and also sign the contract agreement within 14 days of issue of this letter of acceptance, failing which action as stated in the tender document will be taken.
Detailed Letter of Acceptance will follow.
Please acknowledge receipt. Yours faithfully,
Authorised Signature Name and Title of Signatory Name of Port
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Annexure .11 HAND RECEIPT Name of Payee : Head of account : GLC -
Authority :
HAND RECEIPT (C.P.W.A.28) (To be used as simple form of voucher for all miscellaneous payments and advance for which none of the special forms 24, 25, 27 is suitable) Department : Chief Mechanical Engineer, Electrical Division
Cash Book Voucher No. Dated:
1. Pay by Cheque / Cash
2. Paid by me
Received from the Engineer-in-charge of the Sum of Rs. 8,49,767/- (Rupees eight Lakhs forty nine thousand seven hundred sixty seven only)
Name of the work or purpose for which payment is made : Being the refund of EMD furnished along with the Tender No. 5/SD.II/Solar/2016-17/SE(E) dated 01/07/2016– for the work of “Design, Supply, Installation, Testing & Commissioning of 840KW Rooftop Solar Power System at NMP Premises” vide Receipt No. dtd. - -2016.
Seal
& Sign of the Tenderer
Date:
Signature of Payee: ______Witness: The officer authorising payment would initial and date pay order after scoring out the word Cheque or cash as the case may be. The person actually making the payment should initial and date payment certificate (2). In the case of works the accounts of which are kept by Sub-heads the amount chargeable to each sub-head should be specified by the disbursing officer. Payment should be attested by some known person when the payee’s acknowledgement is given by a mark, seal or thumb impression.
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Annexure .12
PROFORMA OF SOLVENCY CERTIFICATE
We, the …………………………………………(Name & full address of Bank) do hereby certify that M/s……………………………(Name of the tenderer and full address), a customer of our Bank for the last …. years are solvent to the extent of Rs………. Lakhs (Rupees ………….. Lakhs) only as disclosed by the information and records which are available with the aforesaid Bank. It is further notified that this certificate is issued without attaching any risk and responsibility on our part in any respect what so ever more particularly either or otherwise.
Yours faithfully,
For……………………………(Banks Name)
Name & Designation of authorised Person / Code No. with Bank’s Seal. Dated / /2016.
To, The Superintending Engineer (Elec.), New Mangalore Port Trust Panambur, Mangalore- 575 010, KARNATAKA.
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Annexure –13
FINANCIAL CAPABLITY
Here specify proposed sources of credit line to meet the Cash flow demand for the work
Source of Credit line Amount
There should be a letter from the Bank mentioning that line of credit offered is specifically for this work/contract.
NOTE: If the Tenderer intends to meet the “Cash Flow Demand” for the project through their internal resources without availing the loan of credit, a specific mention to be made to this effect and proof for such resources shall be enclosed.
Certified by C.A Signature (Authorised Signatory)
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5. General Conditions of Contract INDEX
Clause Clause Title Page no. no. 5.1 Definitions 56
5.2 Use of contract document 57
5.3 Completion period 57
5.4 Liquidated damages 57
5.5 Acceptance 57
5.6 Employer’s right of rejection 57
5.7 Removal of rejected goods 58
5.8 Guarantee 58
5.9 Time extensions 58
5.10 Termination for default 58
5.11 Resolution of dispute 59
5.12 Force majeure 60
5.13 Insurance 60
5.14 Compliance with statutes, regulations 60
5.15 Indemnification 61
5.16 Deduction 61
5.17 Variation in conditions of contract 61
5.18 Variation in price offer 61
5.19 Idle charges 62
5.20 Personal protective equipment: (ppe) 62
5.21 Conduct 62
5.22 Accident 62
5.23 Watch and ward 62
5.24 Letter of acceptance 62
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Clause Clause Title Page no. no.
5.25 Contract agreement 62
5.26 Undertaking by the contractor in the price 63 bid
5.27 Payment terms 63
5.28 Arbitration clause 64
5.29 Third party inspection (tpi) 65
5.30 Language and law 66
5.31 Engineer-in-charge or his nominee’s 66 decisions
5.32 Delegation 66
5.33 Communications 66
5.34 Personnel 66
5.35 Employer’s and contractor’s risks 66
5.36 Employer's risks 66
5.37 Contractor’s risks 67
5.38 Queries about the technical data 67
5.39 Approval by the engineer-in-charge or his 67 nominee
5.40 Safety 68
5.41 Identity defects 68
5.42 Correction of defects 68
5.43 Uncorrected defects 68
5.44 Defects liability certificate 68
5.45 Tax 68
5.46 Subsequent legislation 68
5.47 As built drawings and operating & 69 maintenance manuals
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Clause Clause Title Page no. no.
5.48 Termination 69
5.49 Performance security 70
5.50 Appointment of assistants 71
5.51 Minimum amount of interim 71
5.52 Custody and supply of drawings and 71 documents
5.53 One copy of drawings to be kept on site 72
5.54 Programme to be submitted 72
5.55 Cash flow estimate to be submitted 72 72 5.56 Inspection of operations 73 5.57 Breakdown of lump sum items 73 5.58 Notice to contractor 73 5.59 Notice to employer and engineer 73 5.60 Change of address 73 5.61 Contractor's test
5.62 Commissioning 73
5.63 Quantities 73
5.64 Variation and its valuation 73
5.65 Statement at completion 74
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5. GENERAL CONDITIONS OF CONTRACT
5.1. Definitions In the Contract (as hereinafter defined) the definition of the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires: a. "Employer" means Board of Trustees of New Mangalore Port, a body corporate under the Major Port Trust Act.1963, by notification issued by the Government of India, acting through its Chairman, Dy. Chairman or Chief Mechanical Engineer or any other officers so nominated by the Board. b. "Contractor" means the person or persons, firm, corporation or company whose tender has been accepted by the Employer and includes the Contractor's servants, agents and workers, personal representatives, successors and permitted assigns. c. "Contract" means and includes Tender Documents, Instructions to Bidders, General Conditions of Contract, Drawings, Specifications, and Schedules etc., any amendments thereto, Bid, Letter of Acceptance and the Contract Agreement. d. "Contract Price" means the total sum of money to be paid by the employer to the contractor on timely completion of the contract work as per Contract including payment for extra work, i.e. as per defined and applicable items of the terms of payment, including any taxes and excise duties to be paid to state or central Government. e. "Specifications" means the specification referred to in the tender documents and any modifications thereof or additions thereto or amendments thereto as may be from time to time be furnished or approved in writing by the Employer. f. “Engineer” shall mean the Chief Mechanical Engineer of New Mangalore Port Trust. g. "Work" or "Works" shall mean the whole of the plant and materials to be provided and work to be done executed or carried out by the contractor under the contract. h. The "Site" shall mean the whole of the premises, buildings and grounds in or upon which the system or works is or are to be provided, executed, erected, done or carried out. i. The "Schedule" shall mean the schedule or Schedules attached to the specifications. j. The "Drawings" shall mean the drawings, issued with the specification which will ordinarily be identified by being signed by the Chief Mechanical Engineer and any further drawing submitted by the contractor with his tender and duly signed by him and accepted or approved by the Chief Mechanical Engineer and all other drawings supplied or furnished by the contractors or by the Chief Mechanical Engineer in accordance with these contract conditions. k. “Trials" and "Tests" shall mean such trials and tests as are provided for in these conditions of contract and described in the specification and shall include all other tests to be carried out as per the requirement of the ‘employer’. l. "Approved" or "Approval" shall mean approval in writing. m. "Month" shall mean English Calendar Month. n. “Engineer-in-charge/representative” shall mean any officer/ Engineer authorized by Engineer (Chief Mechanical Engineer) for purpose of this contract.
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5.2 USE OF CONTRACT DOCUMENT: 5.2.1 The Contractor shall not, without prior consent, make use of any document except for the purpose of performing this contract.
5.2.2 Contract Document: Subject to the order of precedence set forth in the Contract Agreement, all documents forming the Contract (and all parts thereof) are intended to be correlative, complementary, and mutually explanatory. The Contract Agreement shall be read as a whole.
5.3 Completion Period: 5.3.1 The work shall be completed within 6 months from of date of issue of letter of acceptance. The Contractor shall commence the works as soon as is reasonably possible.
5.4 Liquidated Damages: Time is essence of the contract 5.4.1 In the event of failure of the contractor to commission the system complete in all respects as per specifications, as ordered within the completion period stipulated in the order/tender the contractor will be liable to pay liquidated damages. The contractor shall pay to the Trustees as liquidated damages a sum equivalent to ½ % (half percent) of the contract price per week for such delay or part thereof, the maximum of which shall not exceed 10% (ten percent) of the contract price. The liquidated damages fixed as above shall be considered as reasonable compensation without any actual proof of loss or damage. The Trustees shall have power to deduct such sum or sums from the money due to the contractor alonwith applicable Service tax,SBC &KKC in the event of recovery of Liquidated damages.
5.4.2 If any addition made in the work/ supply shall not be of any excuse for delay in completing the work/ supply nor prevent the deduction of the said liquidated damages, unless an extension of the completion period shall have been granted by Chief Mechanical Engineer in writing in respect of such variation.
5.4.3The liquidated damages paid/ deducted as above shall not relieve the contractor from the obligation to complete the order or from other obligations and liabilities under the contract. (The clauses given above will over ride all other clauses regarding liquidated damages wherever they appear in the tender documents.)
5.5 ACCEPTANCE: 5.5.1The work shall be accepted by NMPT after satisfactory testing and commissioning of the Installation and duly certified by Third Party Inspection Agency appointed by NMPT.
5.6 Employer’s right of Rejection: 5.6.1The employer shall reserve the right to reject a part portion or consignment thereof within a reasonable time after actual delivery thereof at the place of destination, if consignment is not in all respects in conformity with terms & conditions of the contract whether on account of any loss, deterioration or damage before dispatch or delivery or during transit or otherwise whatsoever.
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5.7 Removal of Rejected goods: 5.7.1 Rejected goods shall under all circumstances lay at the risk of the contractor from the moment of rejection and if such goods are not removed by the contractor within 21 days from the date of intimation from the Engineer-in- Charge. Engineer-in-Charge may either return to the contractor at the risk and cost of the contractor by such mode of transport as the Engineer-in- Charge may select or dispose off such material at the contractor’s risk on his account and retain such portion of the sale proceeds as may be necessary to recover any expenses incurred in such disposals.
5.8 GUARANTEE: 5.8.1The contractor shall give guarantee of satisfactory operation of the supplied equipments and installations for a period of 60 months (five year) from the date of taking over in satisfactory working condition by New Mangalore Port Trust and also refer the clause No.9.11 &9.12 of Technical specification is applicable.
5.8.2 The guarantee clause shall be enforceable from the date of taking over of the complete work. The contractor shall be responsible for any defects that may develop under proper use arising from inferior materials, faulty design and poor workmanship in the work and rectify the defects when called upon to do so by the Engineer-in-charge who shall state in writing in what respect any portion is faulty. The Contractor shall at his own cost including all duties, levies, transportation cost etc. rectify such defects.
5.9 TIME EXTENSIONS: The Contractor may claim extension of the time limits in case of: i) Changes ordered by New Mangalore Port Trust. ii) In case work is delayed on NMPT’s Account, i.e. due to non-availability of site clearance or any other reason, NMPT will consider time extension of merit. However, no compensation will be paid to the contractor if work is delayed on NMPT’s account. The Contractor shall submit the request for extension, within 30 days of occurrence of such delay, clearly indicating the justification for such extension. iii) Force Majeure.
5.10 TERMINATION FOR DEFAULT:
5.10.1The Board may, without any prejudice to any other remedy for breach of contract, by written notice of default sent to the Contractor, terminate the contract in whole or in part:
(i) if the Contractor fails to execute the work within the period as specified in the contract or any extension granted by the Board;
(ii) if the Contractor fails to perform any other obligation under the contract and does not cure after receipt of a notice of default, its failure within the time specified in the notice. The notice of default shall specify the nature of default as well as the time within which the default has to be cured by the Contractor. 5.10.2 In the event of Board’s termination of the contract in whole or in part, the Board may execute the remaining work or procure goods similar to those undelivered by the Contractor and the Contractor shall remain liable to the Board for any excess cost for such works or goods and risks, if any.
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5.10.3 The Board will pay the Contractor, for all the items that are completed and ready for delivery, within 30 days after the Contractor’s receipt of notice of termination and cancel the remainder and pay the Contractor an agreed amount for partially completed goods and for materials previously procured by the Contractor for the purpose of the contract, together with a reasonable allowance for overhead and profit. The payment shall be made only after all the afore-mentioned goods are supplied to and accepted by New Mangalore Port Trust.
5.10.4In case of termination of contract for default by the Contractor, the Board may not permit the Contractor to participate in any of the future tender of New Mangalore Port Trust.
5.10.5The contract may be terminated by NMPT by giving written notice to the contractor, at least 30 days in advance and contractor shall not have right of any claim on NMPT on account of such termination.
5.11 RESOLUTION OF DISPUTE: 5.11.1 Engineer's Decision If a dispute of any kind whatsoever arises between the Employer and the Contractor in connection with, or arising out of, the Contract or the execution of the Works, whether during the execution of the Works or after their completion and whether before or after repudiation or other termination of the Contract, including any dispute as to any opinion, instruction, determination, certificate or valuation of the Engineer, the matter in dispute shall, in the first place, be referred in writing to the Engineer, with a copy to the other party. Such reference shall state that it is made pursuant to this Clause. No later than the eighty-fourth day after the day on which he received such reference the Engineer shall give notice of his decision to the Employer and the Contractor. Such decision shall state that it is made pursuant to this Clause.
Unless the Contract has already been repudiated or terminated, the Contractor shall, in every case, continue to proceed with the Works with all due diligence and the Contractor and the Employer shall give effect forthwith to every such decision of the Engineer unless and until the same shall be revised, as hereinafter provided, in a Dispute Review Board or an arbitral award. The Dispute Review Board(DR Board) will be constituted after award of Contract and execution of Agreement 5.11.2 Disputes and Settlement of Disputes If the Contractor be dissatisfied if any decision of the Engineer or he does not receive a reply from him on or before the eighty fourth day of receipt of notice, the issue shall be referred to the DR Board in pursuant to Clause No. 3.33 of ITB. Any disputes in respect of Contract where party is dissatisfied by the DR Board’s decision shall be referred to Arbitration. Fees and expenses of the DR Board members shall be shared equally by the Employer and the Contractor. The contract shall be governed by the Indian Contract Act, 1872.
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5.11.3 JURISDICTION OF COURTS: All disputes, shall be subjected to the jurisdiction of the courts at Mangalore.
5.12 FORCE MAJEURE: This will be restricted to natural calamities and acts of GOD only.
5.13 INSURANCE:
The insurance shall be as follows:
5.13.1 All the materials shall stand insured in the name of New Mangalore Port Trust from the time of arrival at site till commencement of installation against fire, pilferage and damage for the value of 90% of each item. The charges for the insurance shall be borne by the Contractor.
5.13.2 During erection and till the work is completed and satisfactory taken over by the N.M.P.T after testing the materials shall stand covered by suitable erection insurance also for the value of 110% of the item. The charges for the insurance shall be borne by the Contractor.
5.13.3 All the men/women to be deployed by the Contractor for performing the contract shall be insured against injury/accidents/death by the Contractor at his own cost.
5.13.4 The Contractor shall indemnify New Mangalore Port Trust against all losses and claims in case of death or injury caused to any person by him during the execution of the work.
5.14 COMPLIANCE WITH STATUTES, REGULATIONS: The Contractor shall comply in all respects, with all statutes and regulations as may be necessary, including clearance from State/Central Govt. Authorities, Pollution Control Boards, Labour Enforcement and Local Authorities. The Contractor shall, at all times during the continuance of the contract, so far as it may be necessary, comply with all the existing enactments including Central and State Legislation as well as any By-Laws of any Local Authorities regarding labour, particularly the Minimum wages Act, Factories Act, Workmen’s Compensation Act, Employees’ Provident Fund and Family Pension Fund Act, Employees’ State Insurance Act, Contract Labour (Regulation and Abolition) Act, Payment of Wages Act, Maternity Benefit Act, National and Festival Holidays Act, Shop and Establishment Act, The Apprentice Act and keep the Employer indemnified against any loss or claim arising out of contravention of the provisions of the above said enactments by the Contractor. The price quoted by the Contractor in the Contract shall be deemed to include all expenses in the offer whatsoever the Contractor may be required to incur for the compliance with the provisions of the above said legislation. The Contractor shall make necessary arrangements for the Employer to witness the payment made by the Contractor to his staff and labour.
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Providing Solar Power system at New Mangalore Port premises
5.15 INDEMNIFICATION: 5.15.1 The Contractor shall indemnify, protect and defend at its own cost, New Mangalore Port Trust and its agents & employees from & against any/all actions, claims, losses or damages arising out of
a. any violation by the Contractor in course of its execution of the contract of any legal provisions or any right of third parties;
b. Contractor’s failure to exercise the skill and care required for satisfactory execution of the contract.
5.16 DEDUCTION: 5.16.1 Deduction of taxes at source shall be made from the any bill of the Contractor in accordance with the prevailing rules of Govt./New Mangalore Port Trust.
5.16.2 While performing under the contract, the damages caused by the Contractor or his workers to any of the Port Trust property shall be promptly made good by the Contractor at his own cost. In case the Contractor fails to repair/replace the damage, New Mangalore Port Trust shall have the right to take steps to make good the damages and all the cost on this account shall be recovered from the bills of the Contractor or any money due to the Contractor from this contract or any other contract or any other transaction. In determination of the damage, the opinion of the Engineer-In-charge(EIC) shall be conclusive.
5.16.3Any dues arising out of failure on the part of the Contractor to carry out any obligation under the contract shall be deducted from the bills of the Contractor or from any money due to the Contractor from this contract or any other contract.
5.17 VARIATION IN CONDITIONS OF CONTRACT: 5.17.1 In case of any variation in Instructions to Bidders (ITB), General Conditions of Contract (GCC) and the Special Conditions of Contract – if any shall prevail. But in case of any requirement/condition specified in the Scope of Work, it shall prevail over all other conditions. In case of any variation in the tender document which was downloaded by the bidder from the web site, the former shall prevail. For Agreement purpose, the tender document, which is uploaded by the Department, shall be used. It may please be noted that at any time prior to the dead line for submission of Bids, New Mangalore Port Trust may, for any reason, whether at it’s own initiative or in response to a clarification requested by any prospective bidder, modify the tender document by amendment/issue of addendum. In such cases, New Mangalore Port Trust may, at it’s discretion, extend the dead line for submission of bid. The Bidders who wish to download the tender document from the web site are strongly advised to visit the site for such amendments/addendum and note that New Mangalore Port Trust shall not be responsible to intimate them about such amendment/addendum. Such changes shall be communicated to only those bidders who have registered with MSTC NMPT Portal for e-Tender. 5.18 VARIATION IN PRICE OFFER: 5.18.1 In case of variation between the amount quoted in words & figures, the amount quoted in words shall prevail and in case of variation between rate and amount, the quoted rate shall prevail.
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Providing Solar Power system at New Mangalore Port premises
5.19 IDLE CHARGES:
5.19.1All efforts shall be made for timely supply of materials and/or equipment where it is included in the scope of New Mangalore Port. However, the Contractor shall not be entitled to any idle charges for delay in supply of materials and/or equipment by the Port Trust. Further, in case of any delay due to stoppage of work ordered by the Port Trust to avoid interruption in other important activities of Port Trust or any other reason, the Contractor shall not claim any idle charges. 5.20 PERSONAL PROTECTIVE EQUIPMENT: (PPE) 5.20.1 The Contractor shall be solely responsible, at his own cost, for the supply of required PPE to his workers and staff and he shall also ensure the use of PPE such as helmets, nose masks, hand gloves, Safety Belts, etc. by his staff at site. 5.21 CONDUCT: 5.21.1 The Contractor, at all times during the tenure of contract, shall take all measures to prevent any unlawful, riotous or disorderly conduct by or amongst his staff at the site and for the preservation of peace and protection of persons and property at the work site as well as in the neighbourhood of the works. 5.22 ACCIDENT: 5.22.1 The Contractor shall, within 24 hours of the occurrence of any accident, at or about the work site or in connection with execution of the contract, report such accidents to the Engineer-In-Charge giving all the details. He shall also provide additional information about the accident as requested by the EIC. 5.23 WATCH AND WARD: 5.23.1 During the execution of the contract, it shall be the responsibility of the Contractor to arrange watch and ward of the work including the raw materials, machine/equipment/system used for the work at his own cost till the date of acceptance of the work by New Mangalore Port Trust. 5.24 Letter of Acceptance:
5.24.1 The Superintending Engineer (E) will issue the Letter of Acceptance intimating the Contractor about the proposed acceptance of tender. 5.25 CONTRACT AGREEMENT: The successful Bidder will be required to execute an agreement at his expense on one Hundred Rupees (Rs.100/-) Non-Judiciary Stamp Paper in the proper departmental format(Form 1) for the due and proper fulfillment of the contract within 14 days from the date of Letter of Acceptance.
Pending preparation and execution of the contract agreement as above, the tender submitted by the contractor together with Chief Mechanical Engineer’s letter/fax accepting the tender shall constitute a binding contract between the Board and the Contractor.
The agreement on stamp paper shall be furnished by the contractor as per the following guidelines within 14 days from the date of issue of Letter of Acceptance failing which he will not be permitted to commence the work. But the contract period shall normally be reckoned from the date of issue of Letter of Acceptance.
(I) The original agreement as per the format attached with the tender should be executed on a stamp paper of appropriate value (at present Rs.100/-)
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Providing Solar Power system at New Mangalore Port premises
(II) The Agreement should be submitted and the date of execution is to be kept blank. (III) Each page of the document is to be signed by the contractor/ his authorized representative by indicating his full name and stamped. (IV) If the contractor is a partnership firm, then a copy of the Partnership Deed and in case it is a Company, a copy of Memorandum and Articles of Association along with Registration Certificate is to be submitted. (V) If the agreement is signed by a Partner/ a Director/ an authorized person of the firm, in such case, a certified true copy of the power of attorney/ letter of authority given by the firm/ company to the signatory of the contractor firm is to be submitted. (VI) The entire agreement should be in type written form/ computer printed form. (VII) Leaving blanks and insertion of some contents of the agreement with hand writing should be avoided. (VIII) All corrections/ additions made in the agreement are to be initialled.
5.26 UNDERTAKING BY THE CONTRACTOR IN THE PRICE BID: 5.26.1 Having understood all the terms and conditions of the tender document, we hereby confirm that the price offered by us is a firm price and includes all the taxes, duties, fees, Cess etc. and all incidental charges. Service Tax as applicable will be paid/reimbursed against the documentary evidences.
5.27 PAYMENT TERMS: Running bills will be paid for at quoted rates for the items in Bill of Quantities, on submission of bills by the Contractor and as approved by the Engineer. Following are the stages of payment for electrical works in accordance with Clause No.5.49 of GCC (All works as per the Tender Document). The running Account Bill claim shall be submitted separately and corresponding Service Tax for the value service shown in the Bill claim. i) 70% of the Contract value will be released against receipt of material at site in good condition and after inspection of the same ii) 20% of the Contract value will be released after satisfactory installation, Testing and commissioning of the project and 90 % (Ninety Percent) of payment against items covering only Installation, Testing and commissioning based on the commissioning report of inspection Agency/Authorized representative of NMPT. iii) Balance 10% will be paid after taking over the system against submission of BG of equivalent amount + applicable Service Tax, SBC &KKC in the prescribed format having validity period of 5 years till the warranty period, from the date of commissioning as per clause no.5.49 of GCC. The Bank Guarantee will be released on ensuring satisfactory performance of the system for 5 (five) years.
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Providing Solar Power system at New Mangalore Port premises
iv) 5% of Contract Value shall be retained from Stage payments (Payment against RA Bills) towards Retention Money. NOTE: 1) The payment will be made through E Payment only. The Tenderer are required to furnish xerox copy of cheque and the Bank information as per Annexure 8, along with the Tender for E Payment.
2) NO INTEREST ON ACCOUNT OF DELAYED PAYMENTS: Any claim for interest will not be entertained by the NMPT with respect to any payment or balance which may be in their hands owing to any disputes between themselves and the Contractor or with respect to any delay on the part of the NMPT in making payment. Further No interest will be paid on Retention money of Performance Security amount. 5.28 ARBITRATION CLAUSE: Any dispute in respect of contracts where either party is dissatisfied by the Dispute Review Board’s (DR Board’s) decision shall be decided by arbitration as set forth below: i) A dispute with contractor shall be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996, or any statutory amendment thereof. The arbitral tribunal shall consist of 3 arbitrators, one each to be appointed by the Employer and the contractor, and the third to be appointed by the mutual consent of both the arbitrators, failing which by making a reference to CIDC- SIAC Arbitration Center from their panel. ii) Neither party shall be limited in the proceedings before such arbitrators to the evidence or arguments already put before the Engineer or his nominee or the Board, as the case may be, for the purpose of obtaining said recommendations/decision. No such recommendations/ decision shall disqualify the Engineer or his nominee or any of the members of the Board, as the case may be, from being called as a witness and giving evidence before the arbitrators or any matter whatsoever relevant to the dispute. iii) The reference to arbitration shall proceed notwithstanding that the works shall not then be or be alleged to be complete, provided always that the obligations of the Employer, the engineer or his nominee and the Contractor shall not be altered by reason of the arbitration being conducted during the progress of the works. Neither party shall be entitled to suspend the works to which the dispute relates, and payment to the Contractor shall be continued to be made as provided by the contract.
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Providing Solar Power system at New Mangalore Port premises
iv) If one of the parties fails to appoint its arbitrators in pursuance of subclause [i], within 14 days after receipt of the notice of the appointment of its arbitrator by the other party, then President/Chairman of the nominated Institution shall appoint arbitrator within 14 days of the receipt of the request by the nominated institution. A certified copy of the President’s/ Chairman’s order, making such an appointment shall be furnished to both the parties. v) Arbitration proceedings shall be held at Mangalore, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be ‘English’. vi) The Arbitration shall be conducted by the experts from the panel of CIDCSIAC Arbitration Center. vii) The decision of the majority of arbitrators shall be final and binding upon both parties. The expenses of the arbitrators as determined by the arbitrators shall be shared equally by the Employer and the Contractor. However, the expenses incurred by each party in connection with the preparation, presentation, etc. of its case prior to, during and after the arbitration proceedings shall be borne by each party itself. viii) All arbitration awards shall be in writing and shall state the reasons for the award. ix) Performance under the contract shall continue during the arbitration proceedings and payments due to the contractor by the Employer shall not be withheld, unless they are subject matter of the arbitration proceedings. 5.29. Third Party Inspection (TPI): i. TPI Agency (any one of the Classification Society like IRS, DNV, BVQI, etc.) will be deployed by the Employer for carry-out the inspection at Manufacturer’s works and site as per relevant standard and tender specifications
ii. The scope of TPI Agency includes Inspection, Dispatch Clearance of Equipments/Materials as per BoQ from Manufacturer Works and site. And also check the complete Installation at site as per scope and as per tender document. After satisfactory Inspection of TPI Agency shall issue the certificate for releasing the payment on Supply Installation, testing & commissioning of all Equipments/components as per Payment Terms against BoQ.
iii. After issue the Letter of Acceptance, the Contractor shall submit the Detailes Technical Drawings/documents/Quality Assurance Plan (QAP) to TPI for approval. Accordingly TPI Agency will carry-out the inspection based on approval of QAP for the subject work. Also refer the clause No.9.13 &9.14 of Technical Specification.
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Providing Solar Power system at New Mangalore Port premises
5.30. Language and Law 5.30.1 The language in which the Contract documents shall be drawn up shall be in English.
The law of India shall apply to the Contract and the Contract shall be construed according to the said Law. No suit or other proceeding relating to the Contract shall be filed or taken by the Contractor in any Court of law except in Mangalore.
5.31. Engineer-in-Charge or his nominee’s Decisions 5.31.1Except where otherwise specifically stated, the Engineer-in-Charge or his nominee will decide contractual matters between the Employer and the Contractor in the role representing the Employer.
5.32. Delegation
5.32.1The Engineer-in-Charge or his nominee may delegate any of the duties and responsibilities to other people after notifying the Contractor and may cancel any delegation after notifying the Contractor.
5.33. Communications 5.33.1 Communications between parties which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered(in terms of Indian Contract Act 1872).
5.34 Personnel 5.34.1The Contractor shall employ the key personnel named in the Schedule of Key Personnel as referred to in the Contract Data to carry out the functions stated in the Schedule or other personnel approved by the Engineer-in- Charge or his nominee. The Engineer-in-Charge or his nominee will approve any proposed replacement of Key personnel only if their qualifications, abilities, and relevant experience are substantially equal or better than those of the personnel listed in the Schedule.
5.34.2 If the Engineer-in-Charge or his nominee asks the Contractor to remove a person who is a member of the Contractor’s staff of his work force stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connections with the work in the Contract.
5.35 Employer’s and Contractor’s Risks 5.35.1The Employer carries the risks which this contract states are Employer’s risks and the Contractor carries the risks which this Contract states are Contractor’s risks.
5.36 Employer's Risks 5.36.1The Employers risks are;
(a) In so far as they directly affect the execution of the Works in the country where the Permanent Works are to be executed:
(i) War and hostilities (whether war be declared or not), invasion, act of foreign enemies:
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Providing Solar Power system at New Mangalore Port premises
(ii) Rebellion, revolution, insurrection, or military or usurped power, or civil war,
(iii) Ionizing radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste, from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof:
(iv) Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; and
(v) riot, commotion or disorder, unless solely restricted to the employees of the Contractor or of his Subcontractors and arising from the conduct of the Works;
(vi) floods, tornadoes, earthquakes and landslides
(b) loss or damage due to the use or occupation by the Employer of any Section or part of the Permanent Works, except as may be provided for in the Contract;
(c) loss or damage to the extent that it is due to the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible; and
(d) any operation of the forces of nature (in so far as it occurs on the Site) which an experienced contractor:
(i) could not have reasonably foreseen, or
(ii) could reasonably have foreseen, but against which he could not reasonably have taken at least one of the following measures.
A. prevent loss or damage to physical property from occurring by taking appropriate measures, or
B. insure against.
5.37 Contractor’s risks 5.37.1 All risks of loss of or damage to physical property and of personal injury and death which arise during and in consequence of the performance of the Contract other than the excepted risks are the responsibility of the Contractor.
5.38 Queries about the Technical Data 5.38.1 The Engineer-in-Charge or his nominee will clarify queries on the Technical Data.
5.39 Approval by the Engineer-in-Charge or his nominee. 5.39.1The Contractor shall submit the makes of material/equipments, Specifications and Drawings showing the proposed Work to the Engineer-in- Charge or his nominee, who is to approve them if they comply with the specifications and Drawings.
5.39.2 The Engineer-in-Charge or his nominee’s approval shall not alter the Contractor’s responsibility for the work.
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Providing Solar Power system at New Mangalore Port premises
5.39.3 All Drawings prepared by the Contractor for the work if any, are subject to prior approval by the Engineer-in-Charge or his nominee before procurement/execution.
5.40 Safety 5.40.1 The Contractor shall be responsible for the safety of all activities on the Site.
QUALITY CONTROL 5.41 Identity Defects 5.41.1The Engineer-in-Charge or his nominee shall check the work carried out by Contractor and notify the Defects found if any. The Engineer-in-Charge or his nominee may instruct the Contractor to rectify the Defect.
5.42 Correction of Defects 5.42.1 The Engineer-in-Charge or his nominee shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.
5.42.2 Every time notice of a Defect is given the Contractor shall correct the notified Defect within the length of time specified by the Engineer-in-Charge or his nominee’s notice. 5.43 Uncorrected Defects 5.43.1 If the Contractor has not corrected a Defect within the time specified, the Engineer-in-Charge or his nominee will assess the cost of having the Defect corrected, and the Contractor will pay this amount.
5.44 Defects Liability Certificate The Contract shall not be considered as completed until a Defects Liability Certificate shall have been signed by the Engineer and delivered to the Employer, with a copy to the Contractor, stating the date on which the Contractor shall have completed his obligations to execute and complete the Works and remedy any defects therein to the Engineer's satisfaction. The Defects Liability Certificate shall be given by the Engineer within 28 days after the expiration of the Defects Liability Period, or as soon thereafter as any works instructed, pursuant to Clauses 5.42 and 5.43, have been completed to the satisfaction of the Engineer. 5.45 Tax 5.45.1The rates quoted by the Contractor shall be deemed to be inclusive of the excise duty, sales tax and other taxes, duties etc except service Tax, SBC &KKC, which the Contractor will have to pay for the performance of this Contract. The Employer will perform such duties in regard to the deduction of such taxes at sources as per applicable law. 5.46 SUBSEQUENT LEGISLATION
5.46.1 If, after the date/ prior to the date for submission of tenders for the contract there occur changes to any National or Statute Stature, Ordinance or Decree or other law or any regulation or bye law of any local or other duly constituted authority or introduction of any such statute, ordinance, decree, law, regulation or bye law which causes additional cost to the contractor in execution of the contract, such additional cost shall not be entertained.
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Providing Solar Power system at New Mangalore Port premises
5.47 As Built Drawings and Operating & Maintenance Manuals
On the basis of drawings issued and additional drawings generated during the course of execution of works and documentation required for various components and sub-components, the contractor should prepare completion drawings “As Built” and documents generally as below but not limited to and be handed over at the time of handing over the system:
a) Auto Cad/Tracing in original for all layouts, single line diagram and other details as executed five copies of prints or photo copies of the above. Operation and maintenance Manuals together with drawings of the Permanent Works as completed, in sufficient detail to enable the Employer to operate, maintain, dismantle, reassemble and adjust the Permanent Works incorporating that design. Drawing shall be in A1 size along with soft copy with 2 GB Pen Drive. All drawings and documents are to be neatly filed in five different heavy duty binder and indexed.
b) Special tools required for Operation & Maintenance of Solar System shall be supplied.
c) Vendor Items –
One set of original documents and 2 photo copies of items such as Solar Photo voltaic Modules, PCU( Charge Controller & Inverter), Battery as covered under the contract in three different heavy duty binder and indexed.
Control Circuit drawings shall be five copies in five different heavy duty binders and indexed
Test reports are to be presented separately in a folder for records and reference.
5.48 Termination 5.48.1The employer may terminate the contract if Contractor causes a fundamental breach of the contract.
5.48.2Fundamental breaches of contract include, but shall not be limited to the following: a) The contractor stops work for 28 days and the stoppage has not been authorized by the Engineer-in-Charge or his nominee. b) The Engineer-in-Charge or his nominee instructs the contractor to delay the progress of the work and the instruction is not withdrawn within 28 days. c) The contractor becomes bankrupt. d) The Engineer-in-Charge or his nominee gives Notice the failure to correct a particular defect is a fundamental breach of contract and the contractor fails to correct it within a reasonable period of time determined by the Engineer-in-Charge or his nominee. e) The contractor does not maintain a security which is required.
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Providing Solar Power system at New Mangalore Port premises
f) The contractor has delayed the completion of works by the number days for which the maximum amount of liquidated damages can be paid as defined in the contract data and g) If the contractor, in the judgment of the employer has engaged in corrupt or fraudulent practices in competing for or in the executing the contract.
For the purpose of this paragraph: “corrupt practice” means the offering, giving receiving or soliciting of any thing of value to influence the action or public officials in the procurement process or in contract execution. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the employer, and includes collusive practice. Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the employer of the benefits of free and open competition”. 5.48.3If the contract is terminated the Contractor shall stop work immediately, make the site safe and secure and leave the site as soon as reasonably possible.
5.49 Performance Security 5.49.1 Performance Security Deposit shall consist of two parts; a) Performance Guarantee to be submitted at award of work, and b) Retention money to be recovered from Running Bills. 5.49.2Performance Security should be 10% of Contract price of which 5% of contract price rounded off to nearest thousand Rupees should be submitted as Bank Guarantee from Nationalized/ scheduled Bank having a Branch at Mangalore and encashable at Mangalore, or Demand Draft within 21 days of issue of Letter of Acceptance including service Tax and balance 5% shall be recovered as Retention Money from Running Bills. Recovery of 5% of Retention Money to commence from the First bill onwards @ 10% of bill value from each bill subject to a maximum of 5% of Contract Value including Service Tax. Thereafter, the total of 10% of Performance Security(5% B.G. plus 5% Retention Money) shall be returned after the Contractor has executed and completed the works and remedied any defects therein noticed during Defect Liability Period in accordance with the Contract. No claim shall be made against such security after the issue of Defects Liability Certificate in accordance with Sub-Clause 5.44 of GCC. 5.49.3 The successful bidder has to submit two Performance Guarantees. 2) First Performance Guarantee equivalent to 10% of the total contract Price minus CMC cost (contract price-CMC cost) = P1. The amount of contract price minus CMC cost i.e., 10% of P1 shall be submitted in the following manner:-
(c) 5% of the P1 in form of Bank Guarantee and (d) The balance 5% shall be retention money recovered from each stage payment of R.A.
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Providing Solar Power system at New Mangalore Port premises
2) Performance Guarantee for CMC i.e. 10% of CMC cost shall be submitted on expiry of the Guarantee period of five years The amount of CMC i.e. 10% of contract price of CMC cost shall be submitted in the following manner:- (b) 5% of the CMC cost in form of Bank Guarantee towards CMC cost before expiry of Guarantee period.The balance 5% of CMC cost shall be as retention money recovered from each stage payment of R.A. bill @ 5% of the bill value.
5.49.4 Once the CMC guarantee of 5% value is received, performance guarantee given for P1 will be released.
5.49.5 Failure of the successful Bidder to comply with the requirements of Sub- Clause 5.49.1 shall constitute sufficient grounds for cancellation of the award of work and forfeiture of the Bid Security including Service Tax. 5.50 Appointment of Assistants The Engineer or the Engineer's Representative may appoint any number of persons and/or any representative of the Consulting Engineers/TPI Agencies, to assist the Engineer's Representative in the carrying out of his duties. He shall notify to the Contractor the names, duties and scope of authority of such persons. 5.51 Minimum Amount of Interim Engineer shall not be bound to certify any payment if the net amount after all the retentions and deductions, would be less than the minimum amount of interim certificate of Rs.10.00 lakhs. The Engineer may by any interim certificate make any correction or modification in any previous certificate which shall have been issued by him and shall have authority, if any work is not being carried out to his satisfaction, to omit or reduce the value of such work in any interim certificate. 5.52 Custody and Supply of Drawings and Documents The Contractor shall prepare & submit 3sets of detailed calculations & scheme for the Solar System, Cable & equipment layout drawings, design calculations, specifications & Technical Data Sheet, work programme, catalogue, Structural design for approval within 21 days from the date of issue of Letter of Acceptance. Thereafter, Engineer will check and verify the above documents as per design, tender specifications, applicable guidelines and statutory requirements, relevant standard etc. for approval. Drawings/ systems etc. requiring statutory approval will be dealt by the Contractor directly for obtaining approval. In addition the Contractor shall supply such further copies of such drawings/specifications and other documents free of cost as the Engineer may request in writing for use of the Employer.
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Providing Solar Power system at New Mangalore Port premises
The Drawings/Documents shall remain in the sole custody of the Engineer, but one copy of approved drawings/documents thereof shall be provided to the Contractor free of charge. The Contractor shall make at his own cost any further copies required by him. Unless it is strictly necessary for the purposes of the Contract, the Drawings, Specification and other documents provided by the Employer or the Engineer shall not, without the consent of the Engineer, be used or communicated to a third party by the Contractor. Upon issue of the Defects Liability Certificate, the Contractor shall return to the Engineer all Drawings, Specification and other documents provided under the Contract. 5.53 One Copy of Drawings to be kept on Site One copy of the approved Drawings/Documents, provided to or supplied by the Engineer as aforesaid, shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and by any other person authorised by the Engineer in writing. 5.54 Programme to be Submitted 5.54.1 The Contractor shall, within 21 days after the date of the Letter of Acceptance, submit to the Engineer for his consent a programme, in such form and detail including Bar Charts as the Engineer shall reasonably prescribe, for the execution of the Works. The Contractor shall, whenever required by the Engineer, also provide in writing for his information a general description of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works. Thereafter, the Contractor should submit a monthly progress report within 10th of every month indicating the progress achieved, short falls from the approved programme and his plan of action to compensate the same to ensure the completion of works within the Time for Completion. 5.54.2 Revised Programme If at any time it should appear to the Engineer that the actual progress of the Works does not conform to the Programme to which consent has been given under Sub-Clause 5.54.1, the Contractor shall produce, at the request of the Engineer, a revised programme showing the modifications to such programme necessary to ensure completion of the Works within the Time for Completion. 5.55 Cash Flow Estimate to be Submitted The Contractor shall, within 45 days after the date of the Letter of Acceptance, provide to the Engineer for his information a detailed cash flow estimate, in quarterly periods, of all payments to which the Contractor will be entitled under the Contract and the Contractor shall subsequently supply revised cash flow estimates at quarterly intervals, if required to do so by the Engineer. 5.56 Inspection of Operations The Engineer, and any person authorised by him shall at all reasonable times have access to the Site and to all workshops and places where materials or Plant are being manufactured, fabricated or prepared for the Works and the Contractor shall afford every facility for and every assistance in obtaining the right to such access.
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Providing Solar Power system at New Mangalore Port premises
5.57 Breakdown of Lump Sum Items The Contractor shall submit to the Engineer, within 28 days after the receipt of the Letter of Acceptance, a breakdown for each of the lump sum items contained in the Tender. Such breakdowns shall be subject to the approval of the Engineer. 5.58 Notice to Contractor All certificates, notices or instructions to be given to the Contractor by the Employer or the Engineer under the terms of the Contract shall be sent by post, cable, or facsimile transmission to or left at the Contractor's principal place of business or such other address as the Contractor shall nominate for that purpose. 5.59 Notice to Employer and Engineer Any notice to be given to the Employer or to the Engineer under the terms of the Contract shall be sent by post or left at their following address : New Mangalore Port Trust, Panambur, Mangalore - 575 010, Karnataka, India. 5.60 Change of Address Either party may change a nominated address to another address in the country where the works are being executed by prior notice to the other party, with a copy to the Engineer, and the Engineer may do so by prior notice to both parties. 5.61 Contractor's Test After completion of installation and before giving notice to the Engineer for attending the final tests the contractor shall carry out all functional tests of the various sub systems of the works at his own, to satisfy himself that the entire works is ready for commissioning meeting the tender requirements. The purpose of these tests by the Contractor will be to check before hand that all systems are capable of running satisfactorily and performing well and ensure that the official tests will be satisfactory during final commissioning tests in presence of the Engineer/Inspecting Agency/Statutory Authority. 5.62 Commissioning After satisfactory completion of all tests on individual equipment and systems and the overall system trials before Engineer/Inspecting/Statutory Authorities the entire works will be considered as completed and commissioned. 5.63. Quantities The quantities set out in the Bill of Quantities are the estimated quantities for the Works, and they are not to be taken as the actual and correct quantities of the Works to be executed by the Contractor in fulfillment of his obligations under the Contract. 5.64 VARIATION AND ITS VALUATION: 5.64.1. The Quantities set out in the Bill of Quantities of the tender shall be treated as estimated quantities of the work and shall never be deemed as actual or correct quantities of the works to be executed by the contractor in fulfillment of his obligation under the contract. 5.64.2. The Engineer shall have the power to order the Contractor in writing to make any variation of the Quantity, quantity or form of the works or any part thereof that may, in his opinion, be necessary and the Contractor upon receipt of such an order shall act as follows:
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Providing Solar Power system at New Mangalore Port premises
a) Increase or decrease the quantity of any work included in the contract. b) Omit any work included in the contract. d) Change the routes, position and dimensions of any part of the work, and e) Execute extra and additional work of any kind necessary for completion of the works. 5.64.3.No such variation shall in any way vitiate or invalidate the contract or be treated as revocation of the contract, but the value (if any) of all such variations evaluated in accordance with the Engineer’s sole decision shall be taken into account and the contract price shall be varied accordingly. 5.64.4. Provided variation in the quantity of any work will be permitted upto 25% of individual item which is necessary to complete the works subject to within 10% of overall Contract Value where such increase is not the result of any variation order given under this clause but is the result of the quantities exceeding those stated in the bill of quantities. Provided the variation shall be complied with by the Contractor and the Engineer’s subsequent written confirmation of such variation shall be deemed to be an order in writing within the meaning of this clause. If any variation in the quantity of any item of work increase more than 25% but within 10% of overall Contract value, then the same will be executed after getting the approval of the Competent Authority. 5.64.5. a) The Contractor shall not be entitled to any claim of extra or additional work unless they have been carried out under the written orders of the Engineer. (b)The Engineer shall solely determine the amount (if any) to be added to or deducted from the sum named in the tender in respect of any extra work done or work omitted by his order. c) All extra, additional or substituted work done or work omitted by order of the Engineer shall be valued on the basis of the rates and prices set out in the contract, if in the opinion of the Engineer, the same shall be applicable. If the contract does not contain any rates or prices directly applicable to the extra additional or substituted work, then the Engineer may decide the suitable rates on the basis of Schedule of Rates, if any thereon. In all other cases the Engineer shall solely determine suitable rates in the manner deemed by him as fair and reasonable, and his decision shall be final, binding and conclusive.
5.65 Statement at Completion
After the issue of the Taking Over Certificate in respect of the whole of the Works, the Contractor shall submit to the Engineer a Statement at Completion with supporting documents showing in detail, in the form approved by the Engineer, the final value of all work done in accordance with the Contract up to the date stated in such Taking Over Certificate. The Engineer shall certify final bill payment in accordance with the contract within reasonable time after receipt of Statement of completion.
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Providing Solar Power system at New Mangalore Port premises
6. SPECIAL CONDITIONS OF CONTRACT
6.1 The contract price quoted should be firm and inclusive of all taxes and duties except Service Tax, SBC & KKC. No escalation in price whatsoever is applicable.
6.2 The Contractor shall carryout the work as a complete turnkey job i.e., supply of all materials /components, their storage, keeping under safe custody, transporting to work site, Installation, testing and commissioning the whole system. The quantities indicated for various items of work in the Schedule of Quantities are tentative and for guidance only. The Tenderers should satisfy themselves about the quantities indicated in the Schedule and it is the responsibility of the Supplier to supply and make the system operational to the satisfaction of Engineer.
6.3 The Employer will associate accredited classification society during the fabrication, Installation, testing and commissioning of the system so as to ensure best quality and workmanship according to expected standards. The charges for this will be borne by the Employer. Notwithstanding any such inspections the final responsibility rests with the Contractor himself.
6.4 Delay in making the installation site available to the Contractor will not form a cause for any claims. The Employer will inform the Contractor of such possible delay in advance and a suitable extension of time for completion shall be considered.
6.5 All Civil works including necessary supports, grouting of equipments, foundation etc. shall be responsibility of the contractor. The contractor should take timely action to incorporate the required brackets, fittings, etc. during construction of the Berth.
6.6 The contractor should furnish 3 sets of all whole Solar System layout drawings in A1 size, specifications, design calculations, write-up, and documents along with soft copy to the Engineer for approval within 20 days from the date of issue of letter of acceptance as indicated at Clause No.5.52 of GCC without any extra cost. Before commencing the work, the contractor shall incorporate all alterations, modifications, suggested by Employer mainly from the point of flexibility of operations, interference and maintenance aspects without any cost effect. All the equipment should conform to BIS and approved by the Engineer or his authorised representative. If the Contractor fails to submit the necessary document within the prescribed time limit the Engineer reserve right to cancel the order placed and the performance guarantee will be forfeited with applicable service Tax, SBC & KKC.
6.7 Contractor shall obtain permit/approval from concerned authorities before commencement of work. All documents/drawings required for such permit/approval shall be prepared by the contractor.
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Providing Solar Power system at New Mangalore Port premises
6.8 The whole Solar Power System requires approval from any Government Authorities, hence Contractor shall arrange & pay the requisite fee to them at his cost for obtaining approval. It is the responsibility of the Contractor to submit the system drawings, test certificates of the installations with all details to the authorities and obtain their approval. The Contractor has to pursue and follow up with them for obtaining their approval. The cash receipt and certificates issued by any statutory Authorities be handed over to NMPT.
6.9 TESTING:-
The Contractor should give 7 days advance notice to New Mangalore Port Trust, for shop inspection of Solar Power system components at manufacturer's works during final testing and pre-dispatch.
6.10 All equipment, consumable, lubricant, etc., required for testing the system at site until commissioning will be to Contractor's account. Before handing over the system..
6.11 Power supply/water if available may be given to the Contractor on chargeable basis through meter as per prevailing rate of New Mangalore Port. Wherever such source is not available the contractor has to make his own arrangement. Tapping of power/water from the Source point of NMPT to the required location will have to be arranged by the contractor at his cost conforming to IE Rules/standards.
6.12 The Contractor has to make his own arrangement for engaging suitable handling equipment for lifting and placing the heavy lifts. The ports equipment like mobile crane and forklift truck can be provided subject to availability on chargeable basis at a departmental rate.
6.13 It is the responsibility of the Contractor to arrange for transit and storage insurance at his cost.
6.14 The force majeure conditions viz. strike, lock-out, fire accident, riot etc., will be applicable only at the manufacturers works and at contractors works. The sub-contractor's work will not be taken into account.
6.15 On receipt of notice of completion as per contract of the Solar Power system from the contractor necessary arrangement will be made by the Employer to take over the same within 15 days from the date of receipt of notice.
6.16 Income-Tax will be deducted at source as per prevailing rate from all bills and a certificate to this effect will be issued. This can, however be waived if exemption certificate is produced from Income Tax Authorities.
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Providing Solar Power system at New Mangalore Port premises
6.17 Sales-tax, Excise duty, or any other taxes, Royalty or any escalation in prices etc., on materials purchased should be borne by the Contractor and the rates quoted by the Contractor should include all these. The rates quoted shall be firm and not subject to any variation due to taxation of Central or State Government. Works Contract tax (WCT) and any other statutory taxes as per prevailing rate will be deducted at source while making stage payments. The Employer shall not provide any concessional `C' or `D' Form.
6.18 The Contractor has to make his own arrangements for construction of temporary stores, office, work sheds etc., for their requirements at his own cost. Land for such temporary work sheds, stores, site office etc., till the work is completed will be given free of rent in spot approved by the Employer. The sheds shall be constructed with non-inflammable materials like G.I. sheets etc., and shall be removed in reasonable time after the work is completed. In case the Contractor fails to remove the same, the department will remove the same and the cost of such removal will be recovered from any amount due to the Contractor.
6.19 A work order book (Site Register) is to be kept by the Contractor at the site of work. Any orders or instructions issued by the Engineer or his authorised sub-ordinate shall be entered in the book and shall be deemed to have been legally issued. The Contractor shall sign each entry in token of having seen the same; this work order book shall be deemed to be the property of the Port Trust and shall be returned to the Engineer in good condition after the completion of work. As per procedure, Hindrance register shall be maintained by EIC.
6.20 The Contractor is responsible for taking precautionary measures for the safety of the lives of the workmen working under him and the responsibility arising due to any mishap during the execution of work, the payment of any compensation etc., lies entirely on the part of the Contractor. Safety Helmets Safety nets, life jackets required while working on the Berth are to be provided by the Contractor without any extra cost to the Department.
6.21 The Port working hours are from 8.00 Hrs. to 17.00 Hrs. If any works are to be carried out by the contractor requiring supervision beyond port working hours, the Contractor shall apply in writing well in advance of such work to the Engineer to arrange for such supervision. Port Entry passes wherever applicable will be issued by the Port Trust Free of Cost.
6.22 The rates shall be quoted in decimal coinage and shall be noted in figures and amount in words.
6.23 All rules and regulations governing the New Mangalore Port Trust shall be applicable.
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Providing Solar Power system at New Mangalore Port premises
6.24 The Contractor should ensure, that all necessary arrangements for the safety of his men and materials while performing the work, are well maintained at his cost, risk and responsibility. He should ensure proper watch of the signals by providing barricades, lights, vigils, precautionary measures etc., to ensure safety at his work.
6.25 The site for the work will be handed over to the Contractor in phases for the execution as soon as the Letter of Acceptance is given. In case the entire site is not handed over to the Contractor, he should programme his work in such a way so as not to hamper the progress in any way. No claim for delay in handing over the site will be entertained.
6.26 Any damages caused to the Port property either directly or indirectly shall be made good by the Contractor at his own cost.
6.27 The Contractor should submit daily labour report, ground balance of the materials on the day, his day's programme of work in printed proforma in the early hours of every day.
6.28 The Tenderer should take at most care while executing the system.
6.29 The Contractor(s) shall indicate the procedure/method transport and installation of equipment on to the berth.
6.30 The Tenderer(s) shall be required to quote his/their rates in figures as well as in words without any correction(s). If there is any correction(s) in the tender, such corrections should be attested by Tenderer(s) before the submission of the tender. The total amount of each item should be worked out and mentioned in the tender schedule by the Tenderer(s). The rates and the total amounts of each item shall be required to be preferably typed in the Schedule (i.e. original and 2 copies) by the Tenderer(s) and such typed copy of Schedule in triplicate should be submitted by the Tenderer(s) duly signed on each page. Manuscript tenders are discouraged.
6.31 LABOUR
The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport.
The Contractor shall, if required by the Nodal Officer or his nominee, deliver to the Nodal Officer or his nominee a return in detail, in such form and at such intervals as the Nodal Officer or his nominee may prescribe, showing the staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Site and such other information as the Nodal Officer or his nominee may require.
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Providing Solar Power system at New Mangalore Port premises
6.32 COMPLIANCE WITH LABOUR REGULATIONS: During continuance of the contract, the Contractor and his sub- contractors shall abide at all times by all existing labour enactment and rules made thereunder, regulations, notifications and bye laws of the State or Central Government or local authority and any other labour law (including rules) regulations, bye laws that may be passed or notification that may be issued under any labour law in future either by the State or Central Government or the local authority. Salient features of some of the major labour laws that are applicable to construction industry are given below. The Contractor shall keep the Employer indemnified in case any action is taken against the Employer by the competent authority on account of contravention of any of the provisions of any Act or rules made thereunder, regulations or notifications including amendments. If the Employer is caused to pay or reimburse such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts /Rules/ regulations including amendments, if any, on the part of the Contractor the Nodal Officer or his nominee/Employer shall have the right to deduct any money due to the Contractor including his amount of performance security. The Employer/Nodal Officer or his nominee shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as the employees of the Employer at any point of time.
6.33 ESI Facilities to Contractors Labour:
All the staff and number of the several classes of labour from time to time employed by the Contractor on the NMPT Site for this contract shall be compulsorily covered as per the provisions of “Employees State Insurance Act 1948”. The prevailing rate of Employees Contribution and immediate Employers Contribution towards ESI are 1.75% and 4.75% of the wages respectively. NOTE: 1. The Contractor shall bring all their workers under the coverage of the ESI Act 1948 and pay contribution in respect of their workers to the ESI Corporation so as to enable them to avail the ESI benefits. The Contractor shall pay the applicable Employee’s and Employer’s contribution under their own Code Number obtained from ESI Corporation. In case, the Contractor is not independently obtained the ESI Code No under the provisions of the Act, then the applicable ESI Contribution can be paid through the code number of the New Mangalore Port Trust, i.e. 53-00-001674-000-0801, considering that Sec. (40(1) and 41 of the ESI Act 1948 clearly envisage that the Principal Employer is not at all absolved of their liability in respect of employees engaged through a contractor with or without ESI code Number”. The Contractor shall deducts the applicable ESI Contribution from the salary of the employee’s engaged by them and deposit the contribution along with the Contractors Contribution prescribed in the
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Providing Solar Power system at New Mangalore Port premises
Act and other charges if any within the stipulated period with the ESI corporation every month. If the Contractor fails to deposit such contribution with the ESI Corporation within one month from the date of deduction of ESI Contribution, payment up to 25% from the bill of the Contractor will be withheld and notice to that effect will be issued to the Contractor immediately. If the contractor fails to deposit the money with ESI Corporation consecutively for three months, then the Contract will be terminated under prior intimation.
2. The immediate Employers contribution (Contractor) towards ESI is the liability of the Contractor. The evidences of payment of ESI to the appropriate authorities shall be provided by the contractor to the Engineer. The documents related to the payments of ESI shall be enclosed to the installation work bills. Further, these documents should be provided to the enforcement authorities of Central/State Government whenever demanded by such authorities. Failure to comply with ESI and other applicable welfare measures, the Contractor is liable to pay fines as decided by the Enforcement Authorities or Competent Authorities of NMPT. The proof of remittance made by the Contractor to the ESI Authorities in the name of workers for the preceding month for which bill is raised shall be verified by the Engineer before releasing the bill. Failing which up to 25% of installation bill payment will be withheld from monthly bill and necessary action will be taken as indicated at Note (1) above. 6.34 Bribes If the Contractor, or any of his agents or servants gives or offers to give to any person any bribe, gift, gratuity or commission as an inducement or reward for doing or forbearing to do any action in relation to the Contract or any other contract with the Employer, or for showing or forbearing to show favour or disfavor to any person in relation to the Contract or to any other contract with the Employer, then the Employer may enter upon the Site and the works and terminate the employment of the Contractor and the provisions of Clause 5.48 hereof shall apply as if such entry and termination had been made pursuant to that Clause. (i) The bidders shall give an undertaking that they have not made any payment or illegal gratification to any person/authority connected with the bid process so as to influence the bid process and have not committed any offence under the PC Act in connection with the bid. (ii) The bidders shall disclose any payments made or proposed to be made to any intermediaries (agents etc) in connection with the bid.
6.34.1 The bidder shall execute Integrity Pact Agreement with NMPT as per the Integrity Pact Agreement Form – 4. The following Independent External Monitor (IEM) is nominated.
Shri Lukose Vallatharai, IAS (Retd.), No. 20, Bore Bank Road, Benson Town, Bangalore – 560 046.
Email: [email protected] Phone: 080-23536649
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Providing Solar Power system at New Mangalore Port premises
7 CONTRACT DATA Sl. Description Reference No. Clause No. 7.1. The Employer is 1 of GCC The Board of Trustees, New Mangalore Port Trust, Panambur, Mangalore – 575010
7.2. Name of Authorized Representative: 1 of GCC Name : Shri. P.C.Parida, Chairman New Mangalore Port Trust, Panambur, Mangalore – 575010
7.3. The Engineer is 1 of GCC Name : Shri V Suresh Babu Chief Mechanical Engineer i/c, Mechanical Engineering Department, NMPT, Panambur, Mangalore- 575010
7.4. Name of Engineer’s representative is 1 of GCC Name : Shri K Aleshappa Superintending Engineer(Elec), Mechanical Engineering Department, NMPT, Panambur, Mangalore- 575010
7.5 LD @ 0.5% per week up to 1/3rd of Contract Period 5.4 of GCC and thereafter full LD(10%)
SIGNATURE ------FOR AND ON BEHALF OF ------DATE ------
Contract Data 81
8 FORMS
Sl. Section Description Page Nos. No. i) Form 1 Specimen form of Contract Agreement 83 to 84
ii) Form 2 Specimen Bank Guarantee form for 85 to 87 Performance Guarantee
iii) Form 3 Specimen Letter of Authority from Bank for 88 to 88 all BG’s
iv) Form 4 Pre Contract Integrity Pact 89 to 94
v) Form 5 Disputes Review Board Agreement 95 to 98
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Form .1 SPECIMEN FORM OF CONTRACT AGREEMENT (To be executed on Rs.100/- non-judicial Stamp Paper) [The successful Tenderer shall fill in this form in accordance with the instructions indicated]
THIS CONTRACT AGREEMENT is made on the [insert: number] day of [ insert: month], [ insert: year].
BETWEEN (1) The Board of Trustees of the New Mangalore Port Trust, an Autonomous Body of the Ministry of SHIIPING of the Government of INDIA, incorporated under the Major Port Trust Act,1963 as Amended thereafter, under the Laws of India and having its principal place of business at Panambur, Mangalore – 575 010, Karnataka State (hereinafter called "the Port"), and (2) [ insert name of Contractor ], [incorporated under] the laws of [ insert: country of Contractor ] and having its principal place of business at [ insert: address of Contractor] (hereinafter called "the Contractor ").
WHEREAS the Employer/ Board invited Tenders against tender no.[Number] for execution of [TENDER TITLE AND BRIEF DESCRIPTION] viz., and has accepted a Tender by the Contractor in accordance with Supply /delivery schedule and remedying of any defects therein, in the sum of [insert Contract Price in words and figures, expressed in the Contract currency(ies) ] (hereinafter called "the Contract Price").
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall constitute the Contract between the Employer/ Board and the Contractor, and each shall be read and construed as an integral part of the Contract:
(a) This Contract Agreement; (b) Special Conditions of Contract; (c) General Conditions of Contract; (d) Technical Requirements (including Schedule of Requirements and Technical Specifications, drawings); (e) Notice Inviting Tender; (f) Replies issued to the Pre-bid queries, addenda if any issued [numbers and dates]; (g) The Contractor's Bid and original Price and Construction Schedules; (h) The Employer/ Board's Notification of Award;
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(i) [Correspondence the Employer/ Board had exchanged with the bidder till and after award of contract [specific letters and dates];
(j) and [ Add here any other document(s)] AND WHEREAS EMPLOYER/ BOARD accepted the Bid of CONTRACTOR for the provision and the execution of WORK at the CONTRACT PRICE as indicated in CONTRACT upon the terms and subject to the conditions of Contract. Now this CONTRACT AGREEMENT witnesseth and it is hereby agreed and declared as follows:
2. In consideration of the payment to be made to CONTRACTOR for WORK to be executed by him, CONTRACTOR hereby Covenants with EMPLOYER/ BOARD that CONTRACTOR shall and will duly provide, execute and complete Work and things in CONTRACT, mentioned or described or which are to be implied there from or may be reasonably necessary for completion of Work and at the times and in the manner and subject to the terms and conditions or stipulations mentioned in CONTRACT.
3. In consideration of the due provision, execution and completion of WORK by the CONTRACTOR in accordance with the terms of the CONTRACT, the EMPLOYER/ BOARD does hereby agree with CONTRACTOR that EMPLOYER/ BOARD will pay to Contractor the respective amounts for the work actually done by him and approved by EMPLOYER/ BOARD as per Payment Terms accepted in CONTRACT and payable to CONTRACTOR under provision of Contract at such time and in such manner as provided for in the CONTRACT.
AND 4. In consideration of the due provision, execution and completion of WORK, CONTRACTOR does hereby agree to pay such sums as may be due to EMPLOYER/ BOARD for the services rendered by EMPLOYER/ BOARD to Contractor as set forth in CONTRACT and such other sums as may become payable to EMPLOYER/ BOARD towards loss, damage to the EMPLOYER/ BOARD's equipment, materials etc. and such payments to be made at such time and in such manner as is provided in the CONTRACT.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of India on the day, month and year indicated above.
For and on behalf of the Employer/ Board
Signed: (insert signature) in the capacity of [insert title or other appropriate designation ] in the presence of [insert identification of official witness]
For and on behalf of the Contractor
Signed: [insert signature of authorized representative(s) of the Contractor] in the capacity of insert title or other appropriate designation) in the presence of [insert identification of official witness]
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Form .2 SPECIMEN BANK GUARANTEE FORM FOR PERFORMANCE GUARANTEE (To be executed on Rs.100/- non-judicial Stamp Paper)
[The bank, as requested by the successful Tenderer, shall fill in this form in accordance with the instructions indicated]
In consideration of the Board of Trustees of the Port of New Mangalore Port Trust,Panambur, Mangalore - 575010, Karnataka incorporated by the Major Port Trusts Act, 1963 as amended by Major Port Trust (Amendment) Act 1974 (hereinafter called “The Board" which expression shall unless excluded by or repugnant to the context or meaning thereof be deemed to include the Board of Trustees of the Port of New Mangalore Port Trust, its successors and assigns) having agreed to exempt (Name of the Contractor/s (hereinafter called the “Contractor/s") from the demand under the terms and conditions of the Contract, vide Mechanical Engineering Department’s letter No ______d a t e ______made between the Contractors and the Board for execution of______covered under Tender No______dated______(hereinafter called "the said contract") for the payment of Performance Guarantee in cash or Lodgement of Government Promissory Loan Notes for the due fulfilment by the said Contractors of the terms and conditions of the said Contract, on production of a Bank Guarantee for Rs.______(Rupees ______) only we, the (Name of the Bank and Address) ______(hereinafter referred to as "the Bank") at the request of the Contractors do hereby undertake to pay to the Board an amount not exceeding Rs. ______(Rupees ______) only against any loss or damage caused to or suffered or which would be caused to or suffered by the Board by reason of any breach by the Contractors of any of the terms and conditions of the said contract.
2. We, ______do hereby (Name of Bank) (Name of Branch) undertake to pay the amounts due and payable under this guarantee without any demur merely on a demand from the Board stating that the amount claimed is due by way of loss or damage caused to or which would be caused to or suffered by the Board by reason of any breach by the Contractors of any of the terms and conditions of the said contract or by reason of the Contractors failure to perform the s ai d contract. Any such demand made on the Bank shal l be
86 conclusive as regards the amount due and payable by the Bank under this Guarantee However, our liability under this guarante e shall be restricted to any amount not exceeding Rs. ______(Rupees ______only).
3. We, ______undertake to pay to the (Name of Bank and Branch) Board any money so demanded notwithstanding any dispute or disputes raised by the Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment.
4. We, ______further agree with the Board that (Name of Bank and Branch) the guarantee herein contained shall remain in full force and effect during the period that would be taken for performance of the said contract and that it shall continue to be enforceable till all the dues of the Board under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the ______(Name of the user department) of the Port Trust certifies that the terms and conditions of the said contract have been fully and properly carried out by the said Contractors and accordingly discharge this guarantee PROVIDED HOWEVER that the Bank shall be at the request of the Board but at the cost of the Contractors, renew or extend this guarantee for such further period or periods as the Board may require from time to time.
5. We, ______further agree with the Board (Name of Bank and Branch) that the Board shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said contract or to extend the time of performance by the said contract or to extend the time of performance by the said Contractors from time to time or to postpone for any time or from time to time any of the powers exercisable by the Board against the said Contractors and to forebear or enforce any of the terms and conditions relating to the said contract and we shall not be relieved from our liability by reason of any such variation or extensions being granted to the Contractors or for any forbearance, act or omission on the part of the Board or any indulgence shown by the Board to the
87
Contractors or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s).
7. It is also hereby agreed that the Courts in Mangalore would have exclusive jurisdiction in respect of claims, if any, under this Guarantee.
8 We, ------Bank lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Board in writing
9. *Notwithstanding anything contained herein: a) Our liability under this Bank Guarantee shall not exceed Rs. ______(Rupees ______only); b) this Bank Guarantee shall be valid upto ___ ; and
c) we are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before ------(date of expiry of Guarantee)."
Date day of ______20
For (Name of Bank)
(Name) Signature
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Form .3 SPECIMEN LETTER OF AUTHORITY FROM BANK FOR ALL BGS (To be executed on Bank's Letter Head)
Date:
To, The Board of Trustees of the New Mangalore Port Trust, Panambur,Mangalore - 575010, Karnataka
Dear Sir,
S u b : Our Bank Guarantee No .______dated------for Rs. ______favouring yourselves issued on a/c of M/s. ______(Name of Contractor)
We confirm having issued the above mentioned guarantee favouring yourselves, issued on account of M/s…………………. validity for expiry upto date …………… and claim expiry date upto ………………..
We also confirm 1) ______2) ______is/are empowered to sign such Bank Guarantee on behalf of the Bank and his/their signatures is/are binding on the Bank.
Name & Signature of Bank Officer with seal
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Form .4 PRE CONTRACT INTEGRITY PACT General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on______day of the month of ______20__, between, on one hand, the Board of Trustees of New Mangalore Port Trust acting through Shri ______, (Name & Designation of the Officer), New Mangalore Port Trust (hereinafter called the 'BUYER/EMPLOYER', which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s ______represented by Shri ______, Chief Executive Officer (hereinafter called the ‘BIDDER’ which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part.
WHEREAS the 'BUYER/EMPLOYER' has invited bids for ______and the BIDDER is submitting his bid for the same and
WHEREAS the BIDDER is a Private company / Public company / Government undertaking / registered partnership firm, constituted in accordance with the relevant law in the matter and the 'BUYER/EMPLOYER' is New Mangalore Port Trust.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:-
Enabling the ‘BUYER/EMPLOYER’ to obtain the desired said stores/equipment/services/works at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the 'BUYER/EMPLOYER' will commit to prevent corruption, in any form, by its officials by following transparent procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows: Commitments of the 'BUYER/ EMPLOYER' 1.1 The 'BUYER/EMPLOYER' undertakes that no official of the 'BUYER/EMPLOYER', connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the BIDDER, either for themselves or for any person, organisation or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract.
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1.2 The 'BUYER/EMPLOYER' will, during the pre-contract stage, treat all BIDDERS alike and will provide to all BIDDERS the same information and will not provide any such information to any particular BIDDER which could afford an advantage to that particular BIDDER in comparison to other BIDDERS. 1.3 All the officials of the 'BUYER/EMPLOYER' will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach. 2. In case any such preceding misconduct on the part of such official(s) is reported by the BIDDER to the 'BUYER/ EMPLOYER' with full and verifiable facts and the same is prima facie found to be correct by the 'BUYER/EMPLOYER' necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the 'BUYER/ EMPLOYER' and such a person shall be debarred from further dealings related- to the contract process. In such a case while an enquiry is being conducted by the 'BUYER/ EMPLOYER' the proceedings under the contract would not be stalled. Commitments of BIDDERS 3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:- 3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the 'BUYER/EMPLOYER' connected directly or indirectly with the bidding process, or to any person, organisation or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract. 3.2 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the 'BUYER/EMPLOYER' or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Government.
3.3* BIDDERS shall disclose the name and address of agents and representatives and Indian BIDDERS shall disclose their foreign principals or associates. 3.4* BIDDERS shall disclose the payments to be made by them to agents/brokers or any other intermediary, in connection with this bid/contract. 3.5* The BIDDER further confirms and declares to the 'BUYER/EMPLOYER' that the BIDDER has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the ‘BUYER/EMPLOYER' or any of its functionaries, whether officially or unofficially to the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual, firm or company in respect of any such intercession, facilitation or recommendation. 3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the 'BUYER/ EMPLOYER' or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
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3.7 The BIDDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract. 3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 The BIDDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the 'BUYER/ EMPLOYER' as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 The BIDDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts. 3.11 The BIDDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above. 3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers of the 'BUYER/EMPLOYER' or alternatively, if any relative of an officer of the 'BUYER/EMPLOYER' has financial interest/stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the time of filing of tender. The term 'relative' for this purpose would be as defined in Section 6 of the Companies Act 1956. 3.13 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the 'BUYER/EMPLOYER'. 4. Previous Transgression 4.1 The BIDDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify bidder's exclusion from the tender process. 4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason. 5. Earnest Money (Security Deposit) 5.1 While submitting commercial bid, the BIDDER shall deposit an amount ____ (to be specified in Bid Document) as Earnest Money/Security Deposit, with the 'BUYER/ EMPLOYER' through any of the following instruments: (i) Bank Draft or a Pay Order in favour of ______(ii) A confirmed guarantee by an Indian Nationalised Bank, promising payment of the guaranteed sum to the 'BUYER/EMPLOYER' on demand within 3 working days without any demur whatsoever and without seeking any reasons whatsoever. The demand for payment by the 'BUYER/ EMPLOYER' shall be treated as conclusive proof of payment. (iii) Any other mode or through any other instrument (to be specified in the Bid Document).
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5.2 The Earnest Money/Security Deposit shall be valid upto a period of ______months or the complete conclusion of the contractual obligations to the complete satisfaction of both the BIDDER and the ‘BUYER/EMPLOYER', including warranty period, whichever is later. 5.3 In case of the successful BIDDER, a clause would also be incorporated in the Article pertaining to Performance Security in the Project Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Security in case of a decision by the ‘BUYER/EMPLOYER’ to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. 5.4 No interest shall be payable by the 'BUYER/EMPLOYER' to the BIDDER on Earnest Money/Security Deposit for the period of its currency. 6. Sanctions for Violations 6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle the 'BUYER/EMPLOYER' to take all or any one of the following actions, wherever required:- (i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER. However, the proceedings with the other BIDDER(s) would continue. (ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the 'BUYER/EMPLOYER' and the 'BUYER/ EMPLOYER' shall not be required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.
(iv) To recover all sums already paid by the ‘BUYER/EMPLOYER', and in case of an Indian BIDDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a BIDDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the BIDDER from the ‘BUYER/EMPLOYER' in connection with any other contract, such outstanding payment could also be utilized to recover the aforesaid sum and interest. (v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the BIDDER, in order to recover the payments, already made by the ‘BUYER/EMPLOYER', alongwith interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall, be liable to pay compensation for any loss or damage to the 'BUYER/EMPLOYER' resulting from such cancellation/rescission and the 'BUYER/EMPLOYER' shall be entitled to deduct the amount so payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes for a minimum period of five years, which may be further extended at the discretion of the 'BUYER/EMPLOYER’.
(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any middleman or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the ‘BUYER/EMPLOYER' with the BIDDER, the same shall not be opened. (x) Forfeiture of Performance Guarantee in case of a decision by the 'BUYER/ EMPLOYER' to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
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6.2 The 'BUYER/EMPLOYER' will be entitled to take all or any of the actions mentioned at para 6.1(i) to (x) of this Pact also on the Commission by the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an offence as defined in Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption. 6.3 The decision of the 'BUYER/EMPLOYER' to the effect that a breach of the provisions of this Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER. However, the BIDDER can approach the Independent Monitor(s) appointed for the purposes of this Pact. 7. Fall Clause 7.1 The BIDDER undertakes that it has not performed/is not performing similar project at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar project was performed by the BIDDER in any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the BIDDER to the 'BUYER/EMPLOYER', if the contract has already been concluded. 8. Independent Monitors 8.1 The 'BUYER/EMPLOYER' has appointed the following Independent Monitor (hereinafter referred to as Monitor) for this Pact in consultation with the Central Vigilance Commission Name and Address of the Monitor : Shri. Lukose Vallatharai, IAS(Retd.), No.20, Bore Bank Road, Benson Town, Bangalore – 560 046. Email: [email protected], Phone: 080-23536649 8.2 The task of the Monitor shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact. 8.3 The Monitor shall not be subject to instructions by the representatives of the parties and perform his functions neutrally and independently. 8.4 Both the parties accept that the Monitor has the right to access all the documents relating to the project/bidding, including minutes of meetings. 8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the ‘BUYER/EMPLOYER’. 8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the ‘BUYER/EMPLOYER’, including that provided by the BIDDER. The BIDDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the BIDDER/Subcontractor(s) with confidentiality. 8.7 The ‘BUYER/EMPLOYER’, will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings. 8.8 The Monitor will submit a written report to the designated Authority of ‘BUYER/EMPLOYER’ within 8 to 10 weeks from the date of reference or
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intimation to him by the BUYER / EMPLOYER / BIDDER and, should the occasion arise, submit proposals for correcting problematic situations. 9. Facilitation of Investigation In case of any allegation of violation of any provisions of this pact or payment of commission, the ‘BUYER/EMPLOYER’ or its agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination. 10. Law and Place of Jurisdiction This Pact is subject to Indian Law.' The place of performance and jurisdiction is the seat of the ‘BUYER/EMPLOYER’. 11. Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings. 12. Validity 12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the complete execution of the contract to the satisfaction of both the ‘BUYER/EMPLOYER’ and the BIDDER, including warranty period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract. 12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions. 12.3 If the BIDDER is a partnership or a consortium, this agreement must be signed by all partners or consortium members.
13. The parties hereby sign this Integrity Pact at ______on ______
BUYER/EMPLOYER BIDDER
Name of the Officer CHIEF EXECUTIVE OFFICER and Designation
Witness Witness
1. ______1.______2. ______2.______,
* Provisions of these clauses would need to be amended/ deleted in line with the policy of the BUYER/ EMPLOYER in regard to involvement of Indian agents of foreign bidders. *****************
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Form .5 DISPUTES REVIEW BOARD AGREEMENT (To be executed on Rs.100/- non-judicial Stamp Paper)
THIS AGREEMENT, made and entered into this D a y o f ______20______Between ("the Employer/ Board") a n d ("the Contractor"), and the Disputes Review Board ("the DR Board") consisting of One/three DR Board Members, (Members from either party, i.e contractor and Employer/ Board)
(1) ……………………………………………………………….
(2) ……………………………………………………………….
(3) ……………………………………………………………….
[Note Delete whatever is not applicable]
WITNESSETH, that WHEREAS, the Employer/ Board and the Contractor have contracted for the execution of (Project name) (the "Contract") and WHEREAS, the contract provides for the establishment and operation of the DR Board NOW THEREFORE, the parties hereto agree as follows -
1. The parties agree to the establishment and operation of the DR Board in accordance with this DR Board Agreement.
2. Except for providing the services required hereunder, the DR Board Members should not give any advice to either party or to the Engineer or Engineer’s Representative concerning conduct of the Works.
The DR Board Members
(a) shall have no financial interest in any party to the contract or the Engineer or Engineer’s Representative, or a financial interest in the contract, except for payment for services on the DR Board_
(b) shall have had no previous employment by, or financial ties to, any party to the contract, or the Engineer or Engineer’s Representative, except for fee based consulting services on other projects, all of which must be disclosed prior to appointment to the DR Board.
(c) shall have disclosed in writing to the parties prior to signature of this Agreement any and all recent or close professional or personal or personal relationships with any director, officer, or employee of any party to the contract, or the Engineer or Engineer’s Representative, and any and all prior involvement in the project to which the contract relates;
(d) shall not, while a DR Board Member, be employed whether as a consultant or otherwise by either party to the contract, or the Engineer or Engineer’s Representative, except as a DR Board Member.
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(e) shall not, while a DR Board Member, engage in discussion or make any agreement with any party to the contract, or with the Engineer or Engineer’s Representative, regarding employment whether as a consultant or otherwise either after the contract is completed or after services as a DR Board Member is completed;
(f) shall be and remain impartial and independent of the parties and shall disclose in writing to the Employer/ Board, the Contractor, the Engineer or Engineer’s Representative, and one another any fact or circumstances which might be such to cause either the Port or the Contractor to question the continued existence of the impartiality and independence required of DR Board Members.
3 Except for its participation in the DR Board's activities as provided in the contract and in this Agreement none of the Employer/ Board, the Contractor, the Engineer or Engineer’s Representative, and one another any fact or circumstances which might be such to cause either the Employer/ Board or the Contractor to question the continued existence of the impartiality and independence required of DR Board Members.
4 The Contractor shall a) furnish to each DR Board Members one copy of all documents which the DR Board may request including contract documents, progress reports, variation orders, and other documents, pertinent to the performance of the Contract. b) in co-operation with the Employer/ Board, co-ordinate the Site visits of the DR Board, including conference facilities, and secretarial and copying services.
5. The DR Board shall serve throughout the operation of the contract. It shall begin operation following execution of this Agreement, and shall terminate its activities -after issuance of the taking over Certificate and the DR Board's issuance of its Recommendations on all disputes referred to it.
6. DR Board Member, shall not assign or subcontract any of their work under this Agreement
7. The DR Board Members are independent and not employees or agents of the Employer/ Board or the Contractor.
8. The DR Board Members are absolved of any personal or professional liability arising from the activities and the Recommendations of the DR Board.
9. Fees and expenses of the DR Board Member[s] shall be agreed to and shared equally by the Employer/ Board and the Contractor. If the DR Board requires special services, such as accounting, data research, and the like, both parties must agree and the costs shall be shared by them as mutually agreed
10. DR Board Site visits: a) The DR Board shall visit the Site and meet with representatives of the Employer/ Board and the Contractor and the Engineer or Engineer’s Representative at regular intervals, at times of critical construction events,
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and at the written request of either party. The timing of Site visit failing agreement shall be fixed by the DR Board. b) Site meetings shall consist of an informal discussion of the status of the construction of the works followed by an inspection of the works, both attended by personnel from the Employer/ Board, the Contractor and the Engineer or Engineer’s Representative. c) If requested by either party or the DR Board, the Employer/ Board will prepare minutes of the meetings and circulate them for comments of the parties and the Engineer or Engineer’s Representative.
11. Procedure for disputes referred to the DR Board: a) If either party objects to any action or inaction of the other party or the Engineer or Engineer’s Representative, the objecting party may file a written Notice of Dispute to the other party with a copy to the Engineer or Engineer’s Representative stating that it is given pursuant to Clause [number] and stating clearly and in detail the basis of the dispute. b) The party receiving the Notice of Dispute will consider it and respond in writing within 7 days after receipt. c) This response shall be final and conclusive on the subject, unless a written appeal to the response is filed with the responding party within 7 days of receiving the response. Both parties are encouraged to pursue the matter further to attempt to settle the dispute. When it appears that the dispute cannot be resolved without the assistance of the DR Board either party may refer the dispute to the DR Board by written Request for Recommendation to the Board, the other party and the Engineer or Engineer’s Representative stating that it is made pursuant to (insert relevant clause no.). d) The Request for recommendation shall state clearly and in full detail the specific issues of the dispute to be considered by the DR Board. e) When a dispute is referred to the DR Board and the DR Board is satisfied that the dispute requires the DR Board's assistance, the DR Board shall decide when to conduct a hearing on the dispute. The DR Board may request that written documentation and arguments from both parties be submitted to each DR Board Members before the hearing begins. The parties shall submit insofar as possible agreed statements of the relevant facts f) During the hearing, the Contractor, the Employer/ Board, and the Engineer or Engineer’s Representative shall each have ample opportunity to be heard and to offer evidence. The DR Board's Recommendations for resolution of the dispute will be given in writing, to the Employer/ Board, the Contractor and the Engineer or Engineer’s Representative as soon as possible, and in any event not more than 28 days after the DR Board's final hearing on the dispute.
12 Conduct of Hearings:
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a) Normally hearing will be conducted at the Site, but any location that would be more convenient and still provide all required facilities and access to necessary documentation may be utilised by the DR Board. Private sessions of the DR Board may be held at any location convenient to the DR Board,
b) The Employer/ Board, the Engineer or Engineer’s Representative and the Contractor shall have representatives at all hearings.
c) During the hearings, no DR Board Member shall express any opinion concerning the merit of any facet of the case.
d) After the hearings are concluded, the DR Board shall meet privately to formulate its Recommendations. All DR Board deliberations shall be conducted in private, with all individual views kept strictly confidential. The DR Board's Recommendations, together with an explanation of its reasoning shall be submitted in writing to both parties and to the Engineer or Engineer’s Representative. The Recommendations shall be based on the pertinent contract provisions, applicable laws and regulations, and the facts and circumstances involved in the dispute.
The DR Board shall make every effort to reach a unanimous Recommendation. If this proves impossible, the majority shall decide, and the dissenting member any prepare a written minority report for submission to both parties.
[Note Delete if it is one member DR Board]
13. If during the contract period, the Employer/Board and the Contractor are of the opinion that the Dispute Review Board is not performing its functions properly, the Employer/Board and the Contractor may together disband the Disputes Review Board. In such an event, the disputes shall refer to Arbitration straightway.
The Employer / Board and the Contractor shall jointly sign a notice specifying that the DR Board shall stand disbanded with effect from the date specified in the notice. The notice shall be posted by a registered letter with AD or delivery of the letter, even if he refuses to do so.
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9. TECHNICAL SPECIFICATION
DESIGN REQUIREMENTS: The materials used shall be meeting minimum requirements of following Specifications. The tenderer shall clearly specify the details of the standard applicable for each component to be adopted for design of the Solar Power System.
1 PV Modules IEC 61215/IS 14286
IEC 62108
IEC 61730 Part 1&Part 2
IEC 61701/IS61701 2 Power controller IEC 60068-2(1, 2, 14, 30)/ BIS Standard
IEC 61683/IS61683
3 Switches/Circuit IEC 60947 Part I, II and III/IS 60947 Part I, Breakers/Connectors: II and III/EN 50521 4 Electrical Safety Meets IEC 62109-1/2, AS 3100 5 Grid Interface VDE 0126-1-1, VDE-AR-N-4105, 6 Meets 2004-108-EC, EN61000-6-2 / 3, EMC IEC 62040-3, 61683, 600068, IEC EN 61000-6-4. 7 IEC 60227/IS 694, IEC 60502/IS 1554(Part Cables I and II)/IS7098
8 AC surge protection device (SPD) IEC 60364-5-53 9 Earthing IS:3043 10 Lightning IEC60099 11 Indian Electricity Act 2005(as amended up to date) 12 Indian Electricity Rules 1956(as amended up to date)
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9.1 DESCRIPTION OF WORK:
The work shall include Design, Fabrication, Manufacturing, Supply, Installation, Testing and Commissioning of Solar PV Power Plant of 400KW (Without Storage) at Godown near Container Yard, 400KW (Without Storage) at Godown near Mobile Crane Office, 20KW (Without Storage) at Higher Pomary School Building and 20KW (Without Storage) at Primary School Building on turnkey basis. The work shall include design, Fabrication, Manufacturing, Supply, Installation, Testing and Commissioning of Rooftop Solar PV Power Plant of (400KW +400KW +20KW+20KW)840KW Grid interactive roof top solar photo Voltaic power plant with associated equipment’s and materials -- Without Storage Grid interactive roof top solar photo Voltaic power plant (The modules to be installed on GI/Cement sheet of sloping roof) on turnkey basis including Free comprehensive Maintenance Contract for 5 years after commissioning of plant.
The intended system is ON-grid type Photo Voltaic (PV) power plant which will be integrated with the low tension (LT) power system of the Buildings to meet the internal electricity requirements. The LT distribution operates at 415V, 50Hz, 3-phase AC supply. The major loads in the Godowns/Buildings are Reefer Containers, Water Coolers, Fans and Lights etc., The internal electrical power requirement at NMPT Buildings is for critical applications. Hence, the power should be of highest quality, reliability and redundancy. The proposed Rooftop Solar Power Plants should meet the highest level of requirements indicated above. 9.1.1 LOCATION
The Major Port of New Mangalore is situated on the West Coast of India, 170 nautical miles of south of Mormugao and 191 nautical miles north of Cochin Port at latitude 12° 55’ North longitude 74° 48’ East. 9.1.2 COMMUNICATION FACILITIES The Port is connected to 3 National Highways. The National Highway NH 66 passing near the Port. The highway stretches from Kochi to Mumbai linking many important cities and towns in its route. The NH 48 connects directly Mangalore to Bangalore and NH 13, Mangalore – Sholapur.
The Port provides a railway siding to Mangalore. The railway links spread into the neighbouring states of Maharashtra, Kerala and Tamilnadu besides the hinterland. The rail network extends to major industrial cities like Chennai, Bangalore, Coimbatore and Mumbai in addition to numerous other commercially important cities. Provides regular air connections to Mumbai, Bangalore & Delhi. 9.1.3 CLIMATIC CONDITIONS The climate of Mangalore has seasonal variation on account of the alternating SW and NE monsoon. The different seasons are characterized as under:
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. The cool season (December to March), during which winds blow from NE and the weather is dry and little cold.
. The hot season (April to May). During this season winds are light and variable with sea breezes. Tropical cyclonic storms (cyclones) may cross the Arabian Sea during this season.
. During SW monsoon or rainy season (June to September), the wind over the sea is between SW and W, but mainly W to NW along the coast.
. The interim period (October and November) is marked by light winds with land and sea breezes. Occasional tropical cyclones occur in the Arabian Sea in this period.
9.1.4 TEMPERATURE
In Mangalore the air temperature is high throughout the year. The mean temperature in the hottest month, which generally occurs just before the onset of the SW monsoon, varies between 33°C to 37°C and lowest temperature recorded in a year has been 16.7°C. 9.1.5 WIND
The winds in the monsoon months (June, July and August ) are predominantly from SW to W, with a maximum intensity of 20 to 61 kmph. The winds in the remaining months of the year are predominantly from NW with a maximum intensity of 20 to 61 kmph. There is minor seasonal variation of the wind speed. Around Mangalore, 92% of all winds have speeds less than 19kmph, and the average wind speed is 8.4 kmph.
9.1.6 TIDES
The tide levels in meter (m) with respect to chart datum as given below are considered in the design:
Highest High Water Level (HHWL) +1.68m
Mean Higher High Water (MHHW) +1.48m
Mean Lower High Water (MLHW) +1.26m
Mean Sea Level (MSL) +0.95m
Mean Higher Lower Water (MHLW) +0.77m
Mean Lower Low Water (MLLW) +0.26m
Lowest Low Water Level (LLWL) +0.03m
9.1.7 WAVES AND AIR
The air is always laden with saline spray. In addition, very fine particles of bulk cargo handled at the Port viz. finished fertilizer and its raw materials, coal, iron scrap, solvent extractions, salt, etc. are always present in the air.
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9.1.8 SEISMIC FORCE Mangalore falls under Seismic Zone No. III, hence necessary forces are to be considered as per IS: 1893.
9.1.9 RAINFALL The average annual rainfall is 3467mm. The rainfall is concentrated in the SW monsoon (June, July, August and September), during which period the precipitation is as much as 84% of the total annual rainfall. The rainfall is maximum in July (1102.7mm); February is the driest month (with rainfall being about 2 mm).
The maximum rainfall recorded in a day (24 hour period) was 27cm. The average number of rainy days in a year is 123.
9.1.10 CYCLONE While the average frequency of cyclonic storms in the Arabian Sea is about one per year, there have been years when two or three such storms have occurred. There have also been years without any such storms. The maximum wind speed so far recorded in a cyclonic storm generally does not exceed 62 kmph (16.9m/s.), except once during 1965 when the maximum speed recorded was 97 kmph (26.9m/s.).
9.1.11 HUMIDITY Humidity is fairly high here at all times and seasons. There is a large variation as well - from damp conditions in early mornings in the wet season to the drier conditions in the afternoon in the dry season. Daily variation is least during the SW monsoon. The maximum relative humidity observed during monsoon period is 92% (August). The minimum relative humidity during non-monsoon period is 60% ( December and January).
9.2 SYSTEM WORKING PHILOSOPHY: 9.2.1Solar energy generated by each SPV power plant at 415 volt level shall be synchronized to the existing local Grid supply of NMPT. Vendor shall design the system in such a way that maximum possible Solar Power Genration is to be used to load requirement of NMPT. All panels and associated equipments/cables/junction boxes required to meet the above requirement shall be in vendor’s scope.
9.2.2Following points shall be taken care while designing the system. a) Solar Poly crystalline cells of high efficiency shall be used and modules shall be manufactured in India to meet MNRE guidelines for availing subsidy, which is vendor’s responsibility. b) Vendor shall use adequate number of SPV Modules, power conditioning Units, Junction boxes etc. to ensure generation of power supply as per requirement and design calculations. This is to be done by applying required derating factors for the array and considering the efficiency parameters of other equipment. During the design stage
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compensation of system loss to be considered and accordingly adequate no. of PV Modules to be added for compensating the losses. c) All equipment used shall be of proven design and assured performance and of reputed/MNRE aprroved makes. d) System shall be manufactured as per approved Quality Assurance Plan. e) Injection of D.C Power in to local grid shall be avoided by using suitable copper wound isolation Transformer. f) Harmonic content of power generated by SPV power plant shall not exceed following limits. Total Voltage harmonics distortion - Not more than 5 % Individual Voltage harmonics Distortion - Not more than 3 % Total Current harmonics Distortion - Not more than 8 %
9.2.3 SPV power plant has to operate in parallel with the existing local grid supply system. Any faults in SPV power plant shall not affect the local grid system. SPV power plant has to protect its equipment against any possible fault or other disturbances from the local grid.
9.2.4 Fast acting microprocessor based Directional and Reverse power flow protection shall be provided to ensure isolation of SPV power plant from the local grid at the time of any fault.
9.2.5 Similarly, during grid power failure, Solar power should not reach the Grid Equipments such as Transformers, Generators. Therefore, necessary protection shall be considered at design stage and the same to be ensured..
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9.3 SCOPE OF WORK
The work involves Survey of site, Design Engineering, Manufacturing, Testing and Inspection at manufacturer’s works, packing and forwarding, Transportation, unloading at site, Installation, Testing and Commissioning of 840KW Grid interactive Roof Top Solar photo Voltaic power plant with associated equipment’s and materials -- Without Storage (The modules to be installed on GI/Cement sheet of sloping roof), and the above work shall be carried out on turnkey basis. And also the contract is inclusive of maintenance of the Solar Power system for 5 years after commissioning at free of cost. Thereafter, Annual Comprehensive Maintenance Contract from 6th year to 10th year on payable basis.
9.3.1 Equipment and materials for SPV Power Plant shall include the following but not limited to :
a) SPV modules in array including mounting frames, structures, foundation bolts and nuts for holding structures and module inter connection. b) Module array junction boxes, Distribution boxes and fuse boxes, MCB’s, Surge Arrestors. c) Power Conditioning Unit (PCU) d) LT Power interfacing panel e) Digital Volt meter and Ammeter, Energy meter and protection relays f) LT Power and Control copper Cables including end terminations and FRP cable trays, other required accessories for both AC and DC Power. g) Cable laying shall be done neatly by complying IE Rules. h) Data acquisition system with remote monitoring facilities. i) Required Earthing system as per IE rules. j) Any other equipment / material required to complete installation, testing and commissioning. k) Training of executives / technicians. 9.3.2 Installation work of SPV power plant shall include the following but not limited to: a) Supply and Installation of MS Galvanised structure/ Aluminium Structure for supporting of PV Modules b) Supply and Installation of PV Modules on the MS Galvanised structure/Aluminium Structure. c) Supply and laying of copper cables including all supports and other mounting accessories. d) Supply and Installation of power conditioning unit and other LT Panels. e) Supply and Installation of all power and control copper cables. f) Supply and Installation of all junction boxes, Distribution boxes etc., 9.3.3 Commissioning activities of SPV power plant shall include: Testing / checking of all equipment, Test running of Grid SPV power plant, load trials and proving SPV power plant. Thereafter commencement of Maintenance Contract. 9.3.4 Any other supplies / activities which are not specifically mentioned above, but rerequired for SPV power plant to generate required output shall be in the scope of vendor.
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9.3.5 Following design Engineering Drawings and Documents in 3 sets are to be submitted before commencement of work for approval within 20 days from the date of LOA and the work shall be commenced after getting the approval. a) Design calculations. b) Detailed technical specifications of all equipments/copper Cables/Junction Boxes/DC DB/AC DB. c) General Arrangement and Assembly drawings of structures and PV Modules. d) Schematic / wiring diagram of entire electrical system including earthing and lightning. e) Complete layout drawing of Solar Array, cable route, Equipments/junction Boxes/DCDB/ACDB f) Technical report on selection of all interconnecting copper cables by showing size of cable, current carrying capacity, derating, length of cable and Voltage drop. 9.3.6 Following As-built Engineering drawings and design documents in 3 sets and 1 soft copy (in pen drive) are to be submitted on completion of Design Engineering work. g) Design calculations. h) Detailed technical specifications of all equipments. i) General Arrangement and Assembly drawings of structures and PV Modules. j) Schematic / wiring diagram of entire electrical system including earthing and lightning. 9.3.7 Documentation to be given after commissioning of SPV power plant: (One original + 2copies + 1 soft copy where ever applicable) as below: a) Commissioning Certificate of SPV power plant b) Built in drawings showing therein modification and corrections made during thecourse of execution. c) Complete layout of solar array including evacuation system. d) Test reports for type tests, routine tests and acceptance tests on equipment. e) Site test reports. f) Technical Manuals of various equipment and items. g) O and M Instructions and Manuals. h) List of spares (to be maintained at site by vendor to minimize down time). i) All other documents and approvals / certificates issued by statutory authorities /agencies applicable for SPV power plant.
9.3.8 The work is proposed to carry out through the official Channel Partner of the MNRE, Govt. of India under subsidy scheme. Therefore, it is the responsibility of the Channel partner to get the subsidy from MNRE. The subsidy document with cost should be submitted for verification & Record.
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9.4 SPECIFICATIONS
9.4.1 PV MODULES: The Total Solar PV Array capacity shall be as specified in price schedule and shall be assembled with modules of capacity each 250Wp minimum and with more than 15% efficiency poly Crystalline/MNRE approved Solar Modules. The Modules should be tested and certified by a Govt. of India authorized Test Centers or should confirm to relevant IEC Standard as per MNRE guidelines. Offered module shall have a power output Warranty of 90% of the rated power for 10Years and 80% at the end of 25 Years. The rated output power of any supplied module shall not vary less than 3% from the specified power rating of the modules, in any case. Every module should have suitable by-pass diode at its terminal box.
9.4.1.1 The PV Modules must confirm to the latest editions of any of the following IEC/ equivalent BIS/ Equivalent IS Standards for PV module design qualification and type approval. Crystalline Silicon Terrestrial PV Modules: IEC 61215/IS 14286, Concentrator PV Modules and Assemblies: IEC 62108.
9.4.1.2 In addition, the modules must conform to IEC 61730 Part I – requirements for construction and Part 2- Requirements for testing, for safety qualification or equivalent IS.
9.4.1.3 PV Modules to be used in a highly corrosive Atmosphere must qualify Salt Mist corrosion Testing as per IEC 61701/IS61701.
9.4.1.4 Identification and Traceability: Each PV module must use a RF identification tag (RFID), which must contain the following information. Name of the Manufacturer of PV Module Name of the Manufacturer of Solar Cells Month and Year of the Manufacturer( Separately for Solar Cells and module) Country of Region ( Separately for Solar Cells and module) I-V Curve for the Modules. Peak Wattage, Im, Vm and FF for the Module. Unique Serial No. and Model No. of the Module Date and year of obtaining IEC PV Module qualification certificate. Name of the test lab issuing IEC Certificate. Other relevant information on traceability of Solar Cells and module as per ISO 9000 series.
9.4.1.5 Solar PV Module should conform to following mechanical requirement: Toughened, low ion content, high transmissivity front glass Anodized Aluminum Frame Silicon edge sealant around laminate ABS plastic terminal box for the module output termination with gasket to prevent water moisture.
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Resistant to water, abrasion, hail impact, humidity and other environment factor for the worst situation at site Type of Solar PV Modules offered should have proven performance track record in Indian climatic condition. RFID shall be mandatorily placed inside the module laminate.
Modules should be through good quality male female joint. Name of Manufacturer, Sl.No.of Module and Manufacturing year should be clearly fixed inside the glass lamination of every Module. Thermal sticker should be affixed behind every module which should clearly state the specification and capacity of the module. The total capacity of the Solar Photovoltaic Power Plants mentioned is the minimum capacity in wattage of the total SPV Modules installed in the Power Plant with reference to the voltage at which the SPV Power Plant is designed. Capacities mentioned are the minimum name plate value of the SPV power plant. Bidder should submit the drawing of the GI Steel /Aluminium structures which they shall supply and install along with the Array support structure for mounting of SPV Modules, as per scope of work. Drawing and specification of module mounting structures (MMS) shall be submitted before commencing the work for approval. Minimum galvanizing thickness of 80 microns required for GI structures.
9.4.2 ITEMS/COMPONENTS:
9.4.2.1 Charge Controller/MPPT Units:
Environment Testing – IEC 60068-2(1, 2, 14, 30)/ BIS Standard
9.4.2.2 Power Conditioners/Inverters including MPPT and Protections:
Efficiency Measurements – IEC 61683/IS61683 Environmental Testing- IEC 60068-2(1,2,14,30)/ BIS Standard.
9.4.2.3 Cables: General Test and Measuring Method PVC insulated cables for working voltage upto and including 1100V and UV resistant for outdoor installation as per IEC 60227/IS 694, IEC 60502/IS 1554(Part I and II)
9.4.2.4 Switches/Circuit Breakers/Connectors: General Requirements, Connectors –Safety, AC/DC as per IEC 60947 Part I, II and III/IS 60947 Part I, II and III/EN 50521. In case if the charge controller is in-built in the Inverter, no separate IEC 62093 test is required. Various components of Solar Power Plant must additionally conform to the relevant national/international Electrical Safety standards wherever applicable. 9.4.3 MODULE MOUNTING STRUCTURE(MMS):
Supplier should submit the drawing of the MMS which they shall supply. MMS should be installed along with the hot dipped galvanized (Minimum 80 Microns)/Aluminium array support structure for
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mounting of SPV modules at site. The SPV Panel frame structure should be capable of withstanding a minimum wind load of 150KM per hour, after grouting/fixing and installation MMS should be sturdy and designed to assist SPV Modules to render maximum output. The Hardware (Fasteners) used for installation of SPV Modules and MMS should be of suitable stainless steel (SS304).
The structure shall be designed for simple mechanical and electrical installation. It shall support SPV modules at given orientation, absorb and transfer the mechanical loads to the ground properly. MMS should protect from galvanic corrosion when assembled with solar panels. Anchoring/mounting structure on Roof should not damage the Roof or sheet surface causing leakage due to rain water. Ensure replacement and repair of panels/connections is easy without need to dismantle the whole array of Solar Panels. All assembly Hardwares should be of certified grade stainless steel SS304 to withstand the harsh saline weather conditions. Fixed tilt angle appropriate for site location Necessary structural design calculations to prove the stability of structures for windspeeds of 150kmph shall be provided for approval before installation 9.4.4 INTERCONNECTING ARRANGEMENTS OF VARIOUS COMPONENTS:
Suitable standard components need to be installed for interconnecting the Modules, & Inverters with proper protection Devices. Series/Array Junction Box (SJB/AJB): All the arrays of the modules shall be connected to MJB/DCDB through AJB. AJB shall have terminals of copper bus bar arrangement of appropriate size junction boxes shall have suitable cable entry with suitable grounding arrangement for both input and output cables. Suitable markings on the bus bars shall have to be provided to identify the Bus bars etc., suitable ferrules shall also have to be provided to identify interconnections. Every AJB should have suitable arrangement Reverse Blocking diode (Scotty diode of suitable rating with respect to the capacity of Array) connected in such a manner that the diode is mounted on a proper heat sink so as to increase the life of diode. Suitable MOV/SPD has to be installed in AJB for protection purpose. If, in any case scotty diode and MOV/SBD are installed in the PCU, then also it should be installed in AJB. Each AJB should preferably not have more than four array inputs.
Cable interconnection arrangement shall be within conduit pipe on saddles installed properly. Cable connection should be done in such a manner that fault findings if any, can be identified easily. The cables should be connected in such a manner that clamp meter can be comfortably inserted around the individual cables to measure the data like current, voltage etc. AJB should also mark as A1, A2 and so on. Wherever conduits are laid on roof or ground, then it should be installed on FRP cable Trays or appropriate Civil GI Structure which should be at least four inches above roof/ground level.
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The junction boxes shall be dust vermin and water proof and made of thermoplastic with IP 65 protection. The Terminals shall be connected to copper bus bar arrangement of proper sizes. The Junction Boxes shall have suitable cable entry points with cable Glands of appropriate sizes for both incoming and outgoing cables. Suitable markings shall be provided on the copper bus bar for easy identification and cable ferrules shall be fitted at the cable termination points for identification. The rating of the JB’s shall be suitable with adequate safety factor to interconnect the Solar PV array. Metal oxide arrestors shall be provided inside the Array Junction Boxes. Short circuit protection to be provided. Junction Boxes (SJB/AJB/MJB) shall be mounted on poles of array support structure. It should be provided with proper locking arrangements. The internal wiring for connected load should be done by contractor no extra cost will be borne by the beneficiary. Connectors in the junction Boxes shall be used Bolt and Nut type only for avoiding loose connections. Terminal blocks/Connectors and lugs should be rated for required current rating of string configuration. 9.4.5 POWER CONDITIONING UNIT(PCU) for without Battery System:
As SPV array produces direct current electricity, it is necessary to convert this direct current into alternating current and adjust the voltage levels to match the grid voltage. Conversion shall be achieved using an electronic inverter and the associated control and protection devices. All these components of the system are termed the “Power Conditioning Unit (PCU)”. In addition, the PCU shall also house MPPT (Maximum Power Point Tracker). Inverter output should be compatible with the grid frequency. Typical technical features of the inverter shall be as follows; String Inverter capacity has to be 20/25kVa ,3 phase with the following specifications. The proposed PCU should be suitable for mixed Electrical Loads such as Reefer Containers, Water Coolers, Lighting etc.,.
20/25/30kVA Electronic String Inverter
High Speed IGBT current source Technology inverter with 32-Bit floating DSP Controller Min 128x64 LCD display with keyboard, Front Panel Display mimic panel and LED’s Nominal DC Input 430 – 800V DC Nominal AC Voltage 400V, 3 Phase, 4 wire output ± 20% Output frequency 50Hz - +/- 3HZ
Grid tracking frequency 45Hz – 55Hz
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Output Regulation 319 – 478V
Power Factor at rated load 0.9 and above
Adjustable PF Range 0.8 lag to 0.8lead
Rated Power 25kVA with all phases equally loaded
Maximum Output Power 20/25kVA
Anti-Islanding protection According to local standard
Waveform Pure sine wave
THD < 3%
Peak Efficiency 98.4% Power Consumption (night time) < 2.5W Input surge protection (MOV) Output- Electronic Short Circuit Protection – contactor-MOV Ground Fualt monitoring Protection DC Reverse Polarity Over Voltage in both AC and DC Over current in both AC and DC Over Temp. Protection. -20 to +60 deg C Noise emission < 55dBA @ 1 m IP 65 (Electronics)/IP54 (rear Environmental portion) Fan Cooling Relative Humidity (Non condensing) <95% RS 232, Ethernet, RS485 Modbus Communication Protocol protocal Electrical Safety Meets IEC 62109-1/2, AS 3100 Grid Interface VDE 0126-1-1, VDE-AR-N-4105, Meets 2004-108-EC, EN61000-6- EMC 2 / 3, IEC 62040-3, 61683, 600068, IEC EN 61000-6-4. Three phase PCU/ inverter shall be used with each power plant system. Multiple inverters of 20/25/30KVA each in string formation shall be used. The combined wattage of all inverters should not be less than rated capacity of power plant under STC.
PCU/inverter shall be capable of complete automatic operation including wake-up, synchronization and shutdown.
The output power factor of PCU/inverter should be of suitable range to supply or sink reactive power. Inverter should have internal protection arrangement against any sustainable fault in feeder line and against the lightning on feeder.
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The PCU/inverter shall provide display of PV array DC voltage, current
and power, AC output voltage and current (All 3 phases and lines/0, AC power (Active, reactive and apparent), Power factor and AC energy (All 3 phases and cumulative) and frequency. Remote monitoring of inverter parameters should be possible.
The power conditioning units / inverters should comply with IEC 61683/IS 61683 for efficiency measurements and IEC 60068- 2(1,2,14,30) /Equivalent BIS Std for environmental tests as per standard codes. The junction boxes/ enclosures should be IP 65(for outdoor)/ IP 54 (indoor) and as per IEC 529 specifications
The PCU/ inverters should be tested from the MNRE approved test centres / NABL /BIS /IEC accredited testing- calibration laboratories. In case of imported power conditioning units, these should be approved by international test houses.
Monitoring System should be provided for effective maintenance.
9.4.6 PROTECTION and SAFETY
Specifically the inverter should be a three phase static solid state type power conditioning unit. Both AC and DC lines shall have suitable MCB/MCCB to allow safe start up and shut down of the system. PCU should have protections for overload, surge current, high Temperature, over/under voltage and over/under frequency. The inverter shall have provision for input and output isolation each solid- state electronic device shall have to be protected to ensure long life of the inverter as well as smooth functioning of the inverter. Inverter should have safety measures to protect inverter from reverse short circuit current due to lightening or line faults of distribution network. 9.4.7 DC DISTRIBUTION BOARD(DC DB):
A DCDB shall be provided in between PCU and Solar Array. The DCDB shall be dust vermin and water proof and made of thermoplastic with minimum IP 54 protection. It shall have Fuse/Isolator/MCCB of suitable rating for connection and disconnection of array section. It shall have digital meters for measuring Array voltage and Array current. There should be copper bus bars of suitable rating. All interconnecting cables are copper only.
9.4.8 AC DISTRIBUTION BOARD (ACDB):
The ACDB shall be dust vermin and water proof and made of thermoplastic with minimum IP 54 protection. One feeder should be provided in ACDB with MCB/MCCB of suitable capacity installed at feeder in the ACDB. One electronic,digital, three phase energy meter(class:0.5), ISI make of good quality shall also be installed in ACDB suitably placed to measure the consumption of the SPV power plant. Proper rating MCB/MCCB shall be installed to protect feeders from short circuit current as per the requirements of the site. A separate dedicated feeder from conventional/grid line to PCU as well as ACDB should also be installed. A separate change over switch of proper rating should also be suitably installed in the ACDB to isolate the existing connected load from solar system and cater the power to the existing load from the conventional power(grid) in case of emergency.
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ACDB should be connected between PCU and load. All interconnecting cables are copper only. Incoming 4 core or as applicable copper cable from the solar grid inverter
AC circuit breaker, 4 pole type.
AC surge protection device (SPD), class 2 as per IEC 60364-5-53
4 core Outgoing copper cable to the electrical distribution board.
9.4.9 DANGER BOARDS:
Danger Board should be provided as and where necessary as per IE Act/IE Rules as amended up to date and affixed at various appropriate locations.
9.4.10 CABLES/WIRES
All cables should be of copper as per ISI and should be of 1.1 KV grade as per requirement. All connections should be properly made through suitable coper lug/terminal crimped with use of suitable proper cable glands. The size of cables/wires should be designed considering the line loses, maximum load on line, keeping voltage drop within permissible limit and other related factors. The cable/wire should be of ISI/ISO mark as per the existing norms of MNRE. The technical report of votage drop, current carrying, derating, sizing of cable and length of cable to be submitted for all interconnecting copper cables for approval before commencement of work. Module to module/SJB/AJB - as per design and rating AJBs to MKBs/DCDB - with respect to current ratings of designing MJBs to DCDB - as per design and rating DCDB to PCU - as per design and rating Battery to BPP - as per design and rating BPP to DCDB - as per design and rating DCDB to PCU - as per design and rating PCU to ACDB - as per design and rating ACDB to NMPT LT AC DB - as per design and rating
For normal configuration the Minimum suggested sizes of copper cables are: The size and rating of the cables may vary depending on the site condition, design and capacity of SPV Power Plant. The Contractor has to use suitable cable depending on the cable length.
Cable guides to be anchored and routed with aluminium clamps and stainless steel hardwares.
All the cables should be copper cable ( No aluminium cables shall be used both on AC and DC side of the system connections) All cables shall be supplied conforming to IEC 60227/ IS 694 and IEC60502/ IS 1554 Voltage rating: 1100V AC.
For the DC cabling, PVC double sheathed, UV stabilized single core flexible copper cables shall be used only.
AC cabling, PVC sheathed single or multi-core flexible copper cables shall be used. Outdoor AC cables should have a UV- resistant outer sheath. The underground cable should be armored of suitable rating.
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The DC cables from the SPV module array shall run through a UV stabilized PVC conduit pipe of good strength.
Cables and wires used for the interconnection of solar PV modules shall be provided with MC4 PV connectors.
All cables and conduit pipes shall be clamped to the rooftop, walls and ceilings with thermo-plastic clamps at intervals not exceeding 50 cm.
In three phase systems, the size of the neutral wire size shall be equal to the size of the phase wires.
The earthing should be done by minimum size of 10 sq mm copper cable (green colour) or more as per CEA requirement.
Cables and conduits that have to pass through walls or ceilings shall be taken through a PVC pipe sleeve.
Copper Cable shall be terminated with tinned copper lugs. The termination of the DC and AC cables at the Solar Grid Inverter shall be done as per instructions of the manufacturer; the manufacturer should provide the special connector required for the connection with the inverter. 9.4.11 EARTHING AND SURGE PROTECTIONS
Surge Protection Device (SPD): Internal surge protection shall consist of three MOV type Arrestors connected from +ve to –ve terminals to earth (via Y arrangement) for higher withstand of the continuous PV-DC voltage during earth fault condition. SPD shall have safe disconnection and short circuit interruption arrangements through integrated DC in built bypass fuse (parallel) which should get tripped during failure mode of MOV, extinguishing DC arc safely in order to protect the installation against fire hazards. Nominal discharge current (In) at 8/20 Micro Seconds shall be minimum 10KA with maximum discharge (Imax) at 8/20Micro seconds minimum 20KA with visual indication (through mechanical flag) in modules to monitor the life of SPD. Surge protection shall be provided on the DC side and the AC side of the solar system. The DC surge protection devices (SPDs) shall be installed in the Array junction box adjacent to the solar grid inverter.
The AC SPDs shall be installed in the AC distribution box adjacent to the solar grid inverter. The SPDs earthing terminal shall be connected to earth through the above mentioned dedicated earthing system. The SPDs shall be of type 2 as per IEC 60364-5-5.
9.4.12 EARTHING FOR PV ARRAY: The photovoltaic modules and other components of Power Plant require adequate Earthing for protecting against any serious faults.
A minimum of two separate dedicated and interconnected earth electrodes must be used for the earthing of the solar PV system support structure with a total earth resistance less than 5 ohm.
The earth electrodes shall have a precast concrete enclosure with a removable lid for inspection and maintenance. The entire earthing system shall comprise non-corrosive components.
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The Earthing for array and LT Power system shall be made with GI Pipe, 3Mtr long 40mm diameter including accessories (GI Hardware’s) and providing masonry enclosure with cast iron cover plate having locking arrangement, watering pipe using charcoal or coke and salt as required as per provisions of IS:3043
Necessary provision shall be made for bolted isolating joints of each Earthing Pit for periodic checking of Earth Resistance and continuity. Earth Resistance Record should be maintained during the maintenace period. Naming of Earth Pit and marking of Earth Resistance over the cover of the pit. Preparing over all layout drawing by showing the Earth Pits location. Earth string/array and MMS of the plant shall be grounded properly. The array structures are to be connected to earth pits as per IS Standards. Necessary provision shall be made for bolted isolating joints of each Earthing pit for periodic checking of earth resistance. The complete Earthing system shall be mechanically and electrically connected to provide independent return to earth. For each earth pit, a necessary test point shall be provided In compliance to Rule 11 and 61 of Indian Electricity Rules, 1956 ( as amended up to date), all non-current carrying metal parts shall be earthed with two separate and distinct earth continuity conductors to an efficient earth electrode. The Bidder shall submit the detailed specifications of the Array Earthing. Earth Pit drawing as per IS 3043 shall be submitted for approval before commencement of earthpit work.
9.4.13 LIGHTNING PROTECTION FOR PV ARRAY:
The source of over voltage can be lightning or other atmospheric disturbance. Main aim of over voltage protection is to reduce the over voltage to a tolerable level before it reaches the PV or other sub-system components as per IEC60099. Necessary concrete foundation for holding the lightning conductor in position to be made after giving due consideration to shadow on PV Array, maximum wind speed and maintenance requirement at site in future. The lightning conductor shall be earthed through copper flats 25x3mm and connected to the earth mats as per applicable Indian standards with chemical earth pits for LA. Each lightning conductor shall be fitted with individual earth pit as per required standards including accessories(such as GI hardwares and insulators for copper flats), and providing masonry enclosure with cast iron cover plate having locking arrangement. ESE type LA should be installed to protect the array field, all machines and control panels installed in the control rooms. If necessary more numbers of lightning conductors may be provided. The Bidder shall submit the drawings and detailed specifications of the PV array lightning protection equipment.
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Naming of Earth Pits, mesearing and marking of Earth Resistance and showing the location of the pits in the overall plan layout drawing. Also maintaining records during maintenance period.
9.4.14 TEST REPORTS:
PV Modules, STC performance must be tested and approved by one of the IEC/NABL acredited testing laboratories including Solar Energy Centre. However higher voltage regular PV Modules must additionally qualify as per relevant IEC Standard. Enclose Test reports/certificate from IEC/NABL accredited laboratory in this regard. The validity of the certificates/Reports should be at least till March 2013. 9.4.15 AUTHORIZED TESTING LABORATORIES/CENTERS:
Test Certificates/ reports for the items/components can be from any of the NABL/IEC Accredited Testing Laboratories or MNRE approved test centers. Necessary supporting document shall be submitted for authorization. Type Test Certificates shall be provided for the solar modules and the solar grid inverter to provide evidence of compliance with standards as specified by Ministry of New and Renewable Energy (MNRE). NMPT reserves the right to ask for additional test certificates or (random) tests to establish compliance with the specified standards.
9.4.16 COMMUNICATION INTERFACE:
9.4.21.1The project envisages a communication interface which shall be able to support. Real Time data logging Event logging Supervisory Control Operational Modes Set point editing 9.4.21.2Communication system shall be an integral part of Inverter. All current values, previous values upto 40 Days and the average values of major parameters shall be available on the digital bus. 9.4.21.3The following parameters shall be measured, displayed and recorded/logged. Daily plottig of graphs for various parameter shall also be available on demand. a) 15 Minute, daily, monthly and annually energy generated by the Solar System b) Solar System temperature c) Ambient Temperature d) Solar irradiation/isolation e) AC and DC side voltage and Currents f) Power factor on AC Side g) DC injection into the Grid (One time at the time of installation) h) Total Current Harmonics distorsion in the AC side i) Total voltage Haarmonics in AC side j) Efficiency of the Inverter k) Solar system efficiency
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l) Display of I-V Curve of the Solar System m) Any other parameter considered necessary by supplier of the Solar PV system based on prudent practice. 9.4.21.4Data logger system and the software for study of effect of various environmental and grid parameters on energy generated by the Solar system and various anaysis would be required to be provided. 9.4.21.5The communication interface shall be suitable to be connected to local computer and also remotely via the Web using either a standard modem or a GSM/WiFi modem/SIM etc (only monthly internet bill will be paid by the Department). All interconnecting accessories will be the scope of the Contractor.
9.5 OPERATION MANUAL:
An operation, Instruction and Maintenance Manual, in English and the local language, should be provided with the Solar PV Power Plant. The detailed diagram of wiring and connection diagram should also be provided with the manual.
9.6 OTHER FEATURES:
Only indigenously manufactured solar PV power plants which fully conform to the MNRE specifications shall be procured. All the Technical and other requirements as per provisions under JNNM of MNRE must be fulfilled. Use of imported Solar PV Modules is not permitted.
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9.7. GUARANTEED TECHNICAL PARAMETERS:
Sl.No. ITEM PARTICULARS 1 SOLAR PHOTOVOLTAIC MODULES 1.1 Manufacturer 1.2 Size 1.3 Type 1.4 P nom 1.5 P max 1.6 I mp 1.7 V mp 1.8 Module efficiency 1.9 No. of cells in a module 1.10 Whether meets IEC-61215 2nd edition and IEC 61730 standard Whether Test certificates submitted along with the Bid. 2 POWER CONDITIONING UNIT (Without Battery) On Grid 2.1 Type 2.2 Make 2.3 AC output voltage 2.4 DC input voltage range 2.5 DC operating voltage 2.6 Continuous rating 2.7 Efficiency 2.8 Operating temperature Range 2.9 Power control 2.10 Protection features. 2.11 Over load capacity 2.12 DC input overload capacity
9.8 MAKES OF MATERIALS Sl. Name of Item. Make No. 1 PV Modules BHEL, TATA Power, EMVEE, Waaree, Chemtrols, Vikram solar, Shan Solar, JJ PV or Equivalent MNRE approved makes. 2 On Grid Inverter Delta, SMA, Out Back, Kaco, Refusol or Equivalent MNRE approved makes. 3 Thermo plastic made ACDB and DCDB Hensel/Syntex/Legrand 4 Thermo plastic – all type Junction Boxes, metering panel. 5 PVC insulated and sheathed 1.1KV Grade MNRE approved makes for all copper wires multi core, multi strand/FR items of the project. /FRLS 6 PVC/XLPE insulated copper
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armoured/unarmoured LT 1.1KV grade cables 7 PVC conduit pipe and accessories – ISI stamped (IS 2509/1963) 8 Metal Conduit pipes 9 Medium duty GI. Pipe 10 MCB’s and ELCB 11 MCCB 12 SPN/TPN – 2/6/8/12 way DB 13 Terminal Blocks in Distribution Board 14 Contactors 15 Electronic Digital Energy meter/Volt Meter/Ammeter 16 Selector switches, Push buttons, Emergency Switches 17 Cable lug and Cable Gland 18 Indicating Light 19 Indicating Instruments 20 Any other components/Instruments Note:(i)Deviation will not be accepted.
Signature and Seal of the Tenderer.
Providing Solar Power system at New Mangalore Port premises
9.9 STATUTORY REQUIREMENT
The Rooftop Solar Power System shall be developed, designed, manufactured and delivered according to the manufacturer proven design and international Regulations.
9.10 PROGRESS REPORT
9.10.1 Bar chart for Manufacturing & testing/commissioning shall be given and monthly progress shall be communicated to the Employer.
9.10.2 Every month, the contractor shall submit the Monthly Progress Report to Employer/EIC with the following information along with the Time Bar Chart, with copy to Inspection Agency:
Name of the work :
Schedule period of completion as per the work order (in weeks) :
Period completed (in weeks) :
Cumulative delay, if any :
Reason for delay :
Action taken to overcome delay and complete the work as per the schedule :
9.11 GUARANTEE AND SATISFACTORY OPERATION
9.11.1 The contractor shall give guarantee of satisfactory operation of the Solar Power System for a period of 60 months (5 years) from the date of taking over the system in satisfactory working condition by NEW MANGALORE PORT TRUST. During the guarantee period, the contractor shall carry out Comprehensive maintenance, shall post adequate skilled and semi skilled trained staff. To ensure the running maintenance including rectification of fault/defects noticed during operation and perform to the satisfaction as per the tender requirements. The contractor shall arrange all tools, tackles and precision instruments for carrying out the repair/maintenance work.
9.11.2 The contractor shall ensure that minimum maintenance spares and consumable items for satisfactory performance during guarantee period of 5 years. The quantity of these spares and consumables shall be made available as per requirement for the smooth operation and maintenance of the Solar Power System.
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9.11.3 PV Modules used in solar power plant must be warranted for their output peak watt capacity, which should not be less than 90% at the end of 10 Years and 80% at the end of 25 Years. However, the PV Panels will guaranteed for 10 years for free replacement against any defects/performance.
9.11.4 The Mechanical structures, electrical works including power conditioners/ inverters/charge controllers/maximum power point tracker units/distribution boards/digital meters/switchgear and overall workmanship of the SPV power plants/systems must be warranted against any manufacturing/design/installation defects for a minimum period of 5 years. Any type of defects during the period, shall be repaired/replaced on free of cost.
9.11.5 Solar Modules shall be warrented for 10 Years for achieving 90% output. If any problem and the same to be replaced by new one.
9.11.3 The warrantee Card to be supplied with the Solar PV Power Plant must contain the details of the system supplied. The Tenderers can provide additional information about the system.
9.12 COMPREHENSIVE MAINTENANCE CONTRACT (CMC)
9.12.1 DEFINITION The comprehensive maintenance contract means that the contractor has to carry out preventive maintenance of Solar Power System (as per the manufacturers maintenance schedule) and breakdown maintenance if any, inclusive of supply of spares and labours for five years from the date of satisfactory completion of the Free guarantee period of 5(five) years.
9.12.2 CONTRACT PRICE
The rate for the comprehensive maintenance contract shall be quoted in Indian rupees as per price Schedule in the document for each month from the time of commencement of comprehensive maintenance contract and remain frozen and will not be subject to any escalation for any reason whatsoever. The contract price for comprehensive operation and maintenance contract shall be in Indian Rupees.
The rate of comprehensive maintenance contract shall be considered for the purpose of evaluation of tender. Extension of Comprehensive operation and maintenance contract beyond 5 years (after ten year from the date of taking over) period on mutual acceptance between NMPT & Contractor as per the same terms & Conditions of the Contract. In such case Contractor shall extend the validity period of Bank Guarantee for the extended period.
9.12.3 PERFORMANCE GUARANTEE
Contractor shall submit Bank Guarantee from a Nationalized/scheduled Bank which is encashable at Mangalore for 10% of quoted amount for 5 (five) years and same shall be valid till 21 days after completion of 5 years of comprehensive maintenance contract as per clause No.3.31 of ITB.
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9.12.4 CONTRACT AGREEMENT
Contractor shall enter the Agreement at the time of award of contract including comprehensive maintenance contract for a period of 5 (five ) years after expiry of free guarantee period of 5 years at the time of taking over the system by the employer.
The Contractor shall carry out all the functions as per the provisions of the agreement and in accordance with the laws of the Government of Karnataka, wherever applicable as well as Major Ports Act, Dock Safety Rules and Regulation and all other applicable laws, rules and regulations from time to time and in accordance with prudent work practices.
9.12.5 CONTRACTOR OBLIGATIONS
i. Replacement cost of spares required for maintenance/faulty spares/components, consumables during the tenure of Guarantee period and comprehensive maintenance contract period will be at Contractor’s account
ii. All the Consumable shall be provided by the contractor during free Guarantee period of 5 years and 5 years comprehensive operation and maintenance contract.
iii. Contractor shall carry out all Preventive Maintenance as per the Manufacturers Service Schedule/Maintenance plan. The Maintenance shall be carried out as per the Manufacturers standard procedure and according to the instruction manuals. The Solar Power System has to be cleaned as per the schedule. However, the maintenance schedule shall be approved before commencement of CMC by the Engineers.
iv. The maintenance service provided shall ensure proper functioning of the SPV System as a whole. All preventive/routine maintenance and breakdown/corrective maintenance required for ensuring maximum uptime shall have to be provided by the supplier.
v. Whenever a complaint arise, the same shall attend within a reasonable time and in any case the breakdown shall be corrected within a period not exceeding five Days from the date of complaint with penalty as per clause no.9.12.9
vi. Preventive/routine maintenance shall be done atleast once in a month and shall include activities such as cleaning and checking the health of the SPV system, cleaning of module surface, topping up batteries,
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tightening of all electrical connections, cleaningandgreasing of battery terminals and any other activity that may be required for proper functioning of the SPV system as a whole vii. The report has to be maintained in the prescribed table format in a Register maintained at every shortlisted household which should contain Month, Inspection Date, Energy Generated. During the Month, Cumulative Energy Generation, terminal Voltage levels, Specific Gravity, Condition of the Battery Terminals, Action taken against the Defects found in the System and Remarks along with signatures of both Service Engineer and NMPT representatives viii. Establish emergency procedures, which shall include action during cyclone, fire, natural calamities and such exigencies etc.
ix. As per requirement, calibrate and set meters, safety devices, protection devices, measuring instruments, gauges etc., periodically to ensure accuracy.
x. The bidder shall maintain the following facilities at the service centre for ensuring highest level of services to the end user. . Adequately trained manpower for carrying out the service activities. . Record keeping with signature of end user for all activities.
xi. Adequate spares and manpower for ensuring least down time of an individual item.. xii. The responsibility of the contractor during the Guarantee period and comprehensive maintenance contract includes procurement, stocking, use of maintenance spares as well as consumables for satisfactory performance of Solar Power Sytem. xiii. The contractor is liable to carry out all maintenance work including any failure/break down during operation with immediate intimation to the Employer and make the system ready for operation expeditiously. xiv. The vehicles / conveyances shall be arranged by the contractor for their staff/officials at his cost. xv. The telephone communication shall be arranged by the Contractor at site at his cost.
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xvi. Bidder shall furnish details of infrastructure that are presently available for establishing service
9.12.6 PORT OBLIGATION I. After commissioning of Solar Power System, port shall provide adequate space for the storage of spares, tools ,tackles, free of cost at convenient location during the guarantee period as well as for period of comprehensive operation and maintenance contract.
II. Water and electricity power will be provided by New Mangalore Port Trust on chargeable basis. However, all the arrangement for tapping the source of electricity and water at convenient point shall be made by the Contractor.
III. Residential accommodation at New Mangalore Port Colony for maintenance staff of the comprehensive maintenance contract shall be provided by the New Mangalore Port Trust, on request and subject to availability of quarter on chargeable basis as per NMPT’s Terms and conditions.
IV. NMPT shall carry out periodical safety Audit as per the norms.
V. NMPT shall be responsible to insure the satisfactory operation of the Solar Power system during the free guarantee period of 5 years and CMC for 5 years.
9.12.7 PAYMENT TERMS for CMC
I. Payment of comprehensive maintenance contract will be in Indian rupees and will be released every month subject to satisfactory submission of all relevant documents and adjustment of the penalty in each quarter. II. Contractor is liable to pay all applicable taxes, duties, levies, service tax, SBC &KKC, etc. However for the tax deducted at source under income tax, the TDS certificate will be issued accordingly.
9.12.8 AVAILABILITY
The Contractor should ensure the trouble free functioning of Solar power System witout any failure/breakdown of system inclding during comprehensive operation and maintenance contract period of 5 years.
9.12.9 PENALTY DURING GUARANTEE PERIOD OF 5 YEARS AND CMC 5 YEARS
The Contractor should attend the complaint within 48 Hours failing which the bidder will be penalized for non replacement of defective solar roof top PV system at the rate of Rs. 500/- per day to the maximum of 5 Days. After
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lapse of 5 day an additional Rs.2500/- shall be penalized amounting to a total of Rs. 5000/- further NMPT may arrange a rectification at the cost of contractor and subsequent action will be initiated as per the Tender clause No.9.12.12.
9.12.10 DISPUTES
In the event of the two parties not agreeing on the repairs necessary, the question will be treated as a dispute and will be referred to a classification society such as LRS/IRS/Bureau Varitas/ABS and their decision shall be final and mandatory on the parties. The cost towards such expenses shall be borne by the Contractor as well as the Employer half each.
9.12.11 INSURANCE
I. The contractor shall be responsible to insure all his assets at site against damages including break downs, theft etc. II. No claim/compensation whatsoever will be entertained by the NMPT for any loss of property or injury or loss of life during the occurrence of any accident to the contractor’s maintenance staff / officials. Contractor has to have his own arrangement of insurance for their staff and property at their own.
9.12.12 TERMINATION OF CONTRACT
In case of the performance of the contractor is not found satisfactory; NMPT reserves the right to terminate the comprehensive maintenance contract with one month notice. In such event B.G. of the Contractor shall be forfeited by the Employer.
The performance of the contract means total availability of Solar Power System to its optimal capacity. Failing which, three immediate preceding quarters, then the contract is liable for termination.
9.12.13 TAKING OVER OF ASSETS
The contractor shall;
a. Handover peaceful possession of the project site, port assets, the project and project facilities and services to the Port.
b. Transfer all its rights, titles and interest in the assets comprised in the project facilities and services which are required to be transferred to the port in accordance with the agreement and execute such deeds and documents as may be necessary for the purpose and complete all legal or other formalities required in this regard.
c. Handover to the Employer all the documents including asbuilt drawings, manuals and records relating to O & M of the project facilities and services.
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d. The contractor shall start the mobilization for handing over of the system 90 days prior to the expiry of 5 years free Comprehensive maintenance contract during guarantee period.
e. Meantime, NMPT engage TPI agency for inspecting the Solar system components and any deficiency is observed, same will be rectified and hand over the system in satisfactory working condition before expiry of the contract.
9.13. THIRD PARTY INSPECTION AND TESTS The Employer will appoint at his own cost a Third Party for carrying out inspection and test and also for certifying the PV Solar System Accessories is built of proven design and to the standards mentioned in the tender or otherwise. After their certification only, the payment will be released.
9.13.1 The Third Party inspection agency appointed by NMPT shall carry out checking of design, identification of materials, inspection and testing, stage inspections, load trial etc. The bidder has to comply with all the requirement of the inspection agency within reasonable time frame, as regards to sufficiency of design parameters. The data and design details along with relevant drawings considered for components of the system under execution is required to be furnished by the bidder to the third party inspection agency as per QAP (Quality Assurance Plan) submitted by the bidder and approved by TPI well in advance of commencement of the awarded work.
9.13.2 The whole of the work and materials included in this contract at the stages of manufacture shall be accessible for pre-dispatch inspection and testing by the authorized representative/agency of the Employer and in such manner at such places and time, and by such methods as representative/agency may direct. The contractor shall also supply all machinery, appliances, materials and labour for such tests.
9.13.3 All the sub-system and any part of sub-system shall be put to inspection at the contractor’s works before dispatch and all the relevant tests shall be carried out in presence of inspection agency as provided in the contract. Test formats shall be furnished by the manufacturer of the system well in advance to the Employer.
9.13.4 In case of bought out items, all the tests confirming to the manufacturer test chart shall be reported to the satisfaction of the Employer/ Inspection Agency. Blank test charts of the proposed tests for the parts shall be submitted in
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advance to the Employer.
9.13.5 Without limiting the foregoing provisions, the contractor shall test, if required by the Employer/Inspection Agency, at the manufacturer’s works, and electrical equipments at the maker’s works and where applicable, by the test mentioned in the relevant approved specifications.
9.14 SCOPE OF INSPECTION Third Party Inspection shall be arranged by NMPT and also scope of inspection based on Quality Control Plan has to be submitted by bidder during the submission of design drawings.
The following is the scope of inspection under the third party, who would be appointed by the approval of Employer.
i. Appraisal & approval of Design, drawings, Technical Data sheets and quality assurance plan submitted by the Contractor to ensure the compliance to the stipulated National, International Code, relevant Standards, guidelines,requirements and complying with NMPT specifications.
ii. Material verification with mill test certificate witnessing physical tests on specimens for representing critical parts such as PV Modules, Power Controller, Batteries, cables, AC/DC DBs, Junction Boxes, Lightning/ Surge Arrestors, Earthing etc.,
iii. All components of the system shall be cleared by the inspection agency and Test Certificates countersigned, duly establishing the fact that all the component of the Solar system with respective standard specified.
iv. To carry out all the inspection at Manufacturer works/Site, to issue the receipt note for dispatch clearance.
v. Examination of all critical items and their assembly together with main items of Solar PV Power system to ensure compliance to specifications.
vi. Final inspections on completion of Solar Power system at site, including verification as per the approved drawings/documents.
vii. Witnessing all ciritical Solar Power System components/items at site
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during installation, Testing & Commissioning. viii. To cordinate with the Contractor directly for any shortfall during approval of design, drawing or any other documents and same will be informed to the Engineer. Also all copy of approval are furnished to the Engineer & contractor after approval.
ix. To carry out inspection as per relevant standard of complete installation of Solar Power system including Testing & Commissioning. After successful commissioning, the TPI Agency shall give the recommendation for releasing the payment and Taking over the system.
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SCHEDULE-III PRICE SCHEDULE
BILL OF QUANTITIES Name of Work: Design, Supply, installation, Testing & Commissioning of 840 KW Rooftop Grid interactive (Tied) Solar Power System on turnkey basis with 5 years free Comprehensive maintenance. PART –I: Rate inclusive of all Lot taxes & duties and Amount Description of items Qty excl. of No ST,SBC&KKC ( Rs.) (Rs) 1 Design and Supply of 400KW Solar Power 2 Plants including all required items for Sets installation, commissioning and testing on turnkey basis as per the tender specification and norms. Work Includes supply of. 30KW/ 20KW/25KW string Inverters, ACDB, DCDB, copper wires, Copper Cables, ESE type LA, surge and overvoltage protection, Earthing protection, other required accessories etc., complete as per standard specification of MNRE. (Grid source distance from one Godown within 200Mtr appx. and another Godown within 450Mtr appx. ) 2 Supply & erection of hot dip GI angles or 2 Aluminium structure material for mounting Sets PV panels for 400KW system as required at site. The modules to be installed on the Slopping roof of the existing galvalume sheet arrangement of 12Mtr height Shed near Container Yard & near Mobile Crane Office. (Roof top Area available – each 4000 Sq.m) 3 Installation, Testing & Commissioning of 2 SPV power plant of 400 KW Grid interactive Sets solar power Plant 4 Providing bi-directional metering system 2 near to NMPT Power source with all required Sets accessories such as CTs, thermo plastic enclosure, copper wires/cables, Termination & Commissioning the metering system etc. complete for 400KW System. 5 Communication interface system for 2 remote monitoring for 400KW System. Sets
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Rate inclusive of all Lot taxes & duties and Amount Description of items Qty excl. of No ST,SBC&KKC ( Rs.) (Rs) 6 Design and Supply of 20KW Solar Power 2 Plants including all required items for Sets installation, commissioning and testing on turnkey basis as per the tender specification and norms. Work Includes supply of 10KW string Inverters, ACDB, DCDB, copper wires, Copper Cables, ESE Type Lightning, surge and overvoltage protection, Earthing protection, other required accessories etc., complete as per standard specification of MNRE. (Grid source distance within 70Mtr appx.) 7 Supply & erection of hot dip GI angles or 2 Aluminium structure material for mounting Sets 20KW PV panels as required at site. The modules to be installed on the Slopping roof of the existing Cement Sheet arrangement of 12Mtr height NMPT Primary School & High School Building. (Roof top Area available - 200 Sq.m each) 8 Installation, Testing & Commissioning of SPV 2 power plant of 20 KW Grid interactive solar Sets power Plant 9 Providing bi-directional metering system near 2 to NMPT Power source with all required Sets accessories such as CTs, thermo plastic enclosure, copper wires/cables, Termination & Commissioning the metering system etc. complete for 20KW system. 10 Communication interface system for 2 remote monitoring for 20KW System. Sets 11 Service Tax @ 14% for Lot.No. 1 to 10 12 SBC @0.5% for Lot.No. 1 to 10 13 KKC @ 0.5% for Lot.No. 1 to 10 14 Govt. Subsidy Amount (-) for Lot.No.1to10
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Rate inclusive all Taxes & duties Lot Amount Description of items Qty and excl. of ST No ( Rs.) SBC & KKC (Rs) 15 Comprehensive maintenance for 12 maintaining 840KW (2Nos. 400KW at months Wharf & 2Nos. 20KW at NMPT Schools) Rooftop Solar Power System from 6th year onwards(After 5 Years of free Comprehensive maintenance) 1st Year (6th Year) 16 Comprehensive maintenance for 12 maintaining 840KW (2Nos. 400KW at months Wharf & 2Nos. 20KW at NMPT Schools) Rooftop Solar Power System from 6th year onwards(After 5 Years of free Comprehensive maintenance) 2nd Year (7th Year) 17 Comprehensive maintenance for 12 maintaining 840KW (2Nos. 400KW at months Wharf & 2Nos. 20KW at NMPT Schools) Rooftop Solar Power System from 6th year onwards(After 5 Years of free Comprehensive maintenance) 3rd Year (8th Year) 18 Comprehensive maintenance for 12 maintaining 840KW (2Nos. 400KW at months Wharf & 2Nos. 20KW at NMPT Schools) Rooftop Solar Power System from 6th year onwards(After 5 Years of free Comprehensive maintenance) 4th Year (9th Year) 19 Comprehensive maintenance for 12 maintaining 840KW (2Nos. 400KW at months Wharf & 2Nos. 20KW at NMPT Schools) Rooftop Solar Power System from 6th year onwards(After 5 Years of free Comprehensive maintenance) 5th Year (10th year) 20 Service Tax @ 14% for Lot.No. 15 to 19 21 SBC @0.5% for Lot.No. 15 to 19 22 KKC @ 0.5% for Lot.No. 15 to 19 P.Note: (i) L1 will be considered by excluding Service Tax, SBC & KKC. (ii)Service Tax, SBC & KKC will be payable against documentary evidences.
Seal & Signature of Contractor
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SCHEDULE – IV
PRICE BID FORMULA:
1. Lot No.1 = a (Rate inclusive of all applicable Taxes & Duties and exclusive of ST, SBC & KKC) 2. Lot No.2 = - do- 3. Lot No.3 = - do- 4. Lot No.4 = - do- 5. Lot No.5 = - do- 6. Lot No.6 = - do- 7. Lot No.7 = - do- 8. Lot No.8 = - do- 9. Lot No.9 = - do- 10. Lot No.10 = - do- 11. Lot No.11 = a (ST @ 14% for Sl. No.10 to 14) 12. Lot No.12 = a (SBC @ 0.5% for Sl. No.10 to 14) 13. Lot No.13 = a (KKC @ 0.5% for Sl. No.10 to 14) 14. Lot No.14 = - a (Govt. Subsidy for Sl. No.10 to 14) 15. Lot No.15 = a (Rate inclusive of all applicable Taxes & Duties and exclusive of ST, SBC & KKC) 16. Lot No.16 = - do- 17. Lot No.17 = - do- 18. Lot No.18 = - do- 19. Lot No.19 = - do- 20. Lot No.20 = a (ST @ 14% for Sl. No.10 to 14) 21. Lot No.21 = a (SBC @ 0.5% for Sl. No.10 to 14) 22. Lot No.22 = a (KKC @ 0.5% for Sl. No.10 to 14)
NMPT BANK DETAILS.
State Bank of India, 1 Name of the Bank: Panambur, Mangalore Pin:- 575 010.
10205649448 2 Bank A/C No.
3 IFSC Code: SBIN0002249
4 MICR Code: 575002011
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SCHEDULE –V
TECHNO- COMMERCIAL TERMS FOR TENDERER’S RESPONSE
SR. COMMERCIAL TERMS RESPONSE NO
1 Tenderer must carefully study the technical specifications and AGREE general Terms and Conditions before preparation of tender. All terms and conditions of NIT and Corrigendum, if any, shall be applicable.
2 Please provide EMD payment details like RTGS UTR No., REMARKS Amount, Bank, Date etc (This information may be provided against any one lot)
3 Please provide Tender Fee payment details like RTGS UTR No., REMARKS Amount, Bank, Date etc (This information may be provided against any one lot)
4 Name of Beneficiary REMARKS
5 Credit A/c No.(Full 14 Digit) REMARKS
6 Account Type(SB or CA or OD) REMARKS
7 Name of the Bank REMARKS
8 Branch REMARKS
9 MICR Code(9 Digit) REMARKS
10 ISFC Code for RTGS REMARKS
11 Telephone/Mobile/Fax No. of Beneficiary REMARKS
12 Scanned copy of a blank Cheque and Income Tax Pan Card AGREE should be uploaded.
13 I.T. Pan No REMARKS
14 T.A.N. No REMARKS
15 e-mail id REMARKS
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16 Scaned copy of Sales Tax Registration Certificate duly AGREE attested by the Notary is to be uploaded.
17 Scaned copy of VAT Registration Certificate duly attested by AGREE the Notary is to be uploaded.
18 Scaned copy of ESI Certificate duly attested by the Notary is to AGREE be uploaded.
19 Scaned copy of PF Certificate duly attested by the Notary is to AGREE be uploaded.
20 Power of Attorny in original is to be uploaded for company AGREE & Partnership firms
21 Notarized copy of supporting documents, if not original to AGREE fulfill the eligibility criteria for prequalification viz. work order copies for similar works, successful completion certificates from clients and MNRE inspection report indicating the date of completion etc are to be uploaded.
22 Should be listed as MNRE Accredited Manufacturers or AGREE MNRE channel partner with valid accreditation under JNNSM for DESIGN, SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF SOLAR POWER SYSTEM AT NEW MANGALORE PORT PREMISES”- Notarized copy of supporting documents with Notary attestation are to be uploaded.
23 Scanned Copies of annual turnover, profit and loss Account AGREE statements, balance sheet and Auditor’s report for the last three years, endorsed by Chartered Accountant are to be uploaded. (This information may be provided against any one lot)
AGREE 24 Rates: The rates are to be quoted shall be inclusive of all taxes
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& duties exclusive of ST, SBC & KKC. This office cannot issue "C" or "D" form for concessional CST.
AGREE 25 Delivery: The work should be completed in full shape within 6 (six) Months from the date of LOA. The detailed Specification and make offered to be clearly mentioned in the quotation.
AGREE 26 Validity of Quotation: The quotation should be valid for 120 days from the due date.
AGREE 27 (i) No Advance payment will be made. (ii) The Tenderer has to quote the cost of total Solar Power System and related services like Transportation / Freight, Insurance, Custom Clearance, Erection, testing and commissioning including unloading and comprehensive maintenance contract cost on turnkey basis.
Any changes in Rates,taxes and duties after the submission of the bid will not be considered except ST,SBC &KKC Payment Terms: AGREE 28 Running bills will be paid for at quoted rates for the items in Bill of Quantities, on submission of bills by the Contractor and as approved by the Engineer. Following are the stages of payment for electrical works i) 70% of the Contract value will be released against receipt of material at site in good condition and after inspection of the same ii) 20% of the Contract value will be released after satisfactory installation, Testing and commissioning of the project and 90 % (Ninety Percent) of payment against items covering only Installation, Testing and commissioning based on the commissioning report of inspection Agency/Authorized representative of NMPT iii) Balance 10% will be paid after taking over the
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system against submission BG of equivalent amount + applicable Service Tax, SBC &KKC in the prescribed format having validity period of 5 years from the date of taking over the system. The Bank Guarantee and retension money will be released on ensuring satisfactory performance of the system for 5 (five) years.
iv) 5% of Contract Value shall be retained from Stage payments (Payment against RA Bills) towards Retention Money. NOTE: The payment will be made through E Payment only. The Tenderer are required to furnish xerox copy of cheque and the Bank information for E Payment. 3) NO INTEREST ON ACCOUNT OF DELAYED PAYMENTS: Any claim for interest will not be entertained by the NMPT with respect to any payment or balance which may be in their hands owing to any disputes between themselves and the Contractor or with respect to any delay on the part of the NMPT in making payment. Further No interest will be paid on Retention money of Performance Security amount. AGREE 29 The successful bidder has to submit two Performance Guarantees. 1) First Performance Guarantee equivalent to 10% of the total contract Price minus CMC cost (contract price-CMC cost) = P1. The amount of contract price minus CMC cost i.e., 10% of P1 shall be submitted in the following manner:- (e) 5% of the P1 in form of Bank Guarantee and (f) The balance 5% shall be retention money recovered from each stage payment of R.A.
2) Performance Guarantee for CMC i.e. 10% of CMC cost shall be submitted on expiry of the Guarantee period of five years The amount of CMC i.e. 10% of contract price of CMC cost shall be submitted in the following manner:-
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(c) 5% of the CMC cost in form of Bank Guarantee towards CMC cost before expiry of Guarantee period.The balance 5% of CMC cost shall be as retention money recovered from each stage payment of R.A. bill @ 5% of the bill value.
Once the CMC guarantee of 5% value is received performance guarantee given for P1 will be released. Insurance: AGREE 30 No insurance charges are payable by this department and the goods are to be Dispatched to the work site of New Mangalore port Trust, Panambur Mangalore (Karnataka State) at your risk. Any loss or damage to transit will have to be borne by you.
31 All the Disputes are subject to Mangalore jurisdiction only AGREE
32All The Annexures (1 to 13) are to be uploaded as per the Tender AGREE Copies of relevant test certificates as in technical specification for a 33 AGREE PV Panel, On Grid Inverter, with notary attestation Authorization letter or MOU from the vendors or manufacturers for 34 AGREE Modules and Power Conditioner Unit should be produced 35 The Bidder should be manufacturer of SPV Systems or having an AGREE established tie up with a PV system Manufaturering company for the past three years having capacity of manufacturing PV Modules not less than 2MWp (supported by OEM Certificate)
36 The Tenderer should have designed, supplied, Tested & AGREE commissioned of minimum 500KW single PV Solar Power System and document proof with successful completion report for the same shall be submitted with Notarized attestation
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