Tender Document-16.09.2013

Bihar State Power Generation Company Limited
Vidyut Bhawan, Bailey Road, Patna.
Notice Inviting Tender for providing Technical Consultancy Services & Project Management Services for Enabling works associated with Barauni Thermal Power Station in District Begusarai, Bihar
(Through e-procurement mode only - www.eproc.bihar.gov.in) Tender Notice No. 323 /PR/BSPGCL/2013-14 Online Tenders are invited by Chief Engineer (Generation), Bihar State Power Generation Company Limited (BSPGCL) from eligible Bidders to participate in the bidding process for providing Technical Consultancy Services & Project Management Services for Enabling works associated with Barauni Thermal Power Station in District Begusarai, Bihar. 17.08.2013 to 31.08.2013 Upto 16:30 Hrs. Sale of Tender Document: through website www.eproc.bihar.gov.in Last date of online receipt/ submission of Proposal upto: 13:00 Hrs. of 02.09.2013 Date of opening of Technical & Commercial Part: at 15:00 Hrs. on 02.09.2013 While participating in e-tendering process, the bidder shall have to get them registered to get user ID, Passwords and digital signature. This will enable them to access the Website: www.eproc.bihar.gov.in only. Date of opening of price part: To be notified after Technical Bid Evaluation (www.eproc.bihar.gov.in) The Tender documents are available at website www.eproc.bihar.gov.in. The Response to Tender must be accompanied with scanned copy of Demand Draft in favour of Senior Manager, Finance & Accounts, Bihar State Power Generation Company Limited payable at Patna towards the Tender document Fee & Bid Security in form of Demand Draft/ Bank Guarantee failing which the Proposal shall be summarily rejected (original Demand Draft towards the tender Document Fee & Bid Security to be submitted to Chief Engineer (Generation), BSPGCL, Patna before the due date and time for submission of online Bid). Further, BSPGCL reserves the right to amend/ cancel the tender notice without assigning any reasons whatsoever and without any liability. Chief Engineer (Generation) e-tendering introduced in BSPGCL for tenders above Rs. 25 lacs. For registration logon to www.eproc.bihar.gov.in and e-Procurement Help Desk First Floor, M/22, Bank Of India Building, Road No-25, Sri Krishna Nagar, Patna-800001 at 0612-2523006, Mob:9939035696 For complains regarding corruption Vigilance Help Line No.- 9431821485, 0612-2504969 Consumer can deposit electricity bills via Sahaz Vasudha Centre or via BSPGCLbills.org
Tender Document For Technical Consultancy & Project Management Consultancy Services for Barauni TPS

Vidyut Bhawan, Bailey Road, Patna-21 NOITCE INVITING TENDER Notice Inviting Tender for providing Technical Consultancy Services & Project Management Services for Enabling works associated with Barauni Thermal Power Station in District Begusarai, Bihar
(Through e-procurement mode only - www.eproc.bihar.gov.in) Tender Notice No. 323/PR/BSPGCL/2013-14
Online Tenders are invited by Bihar State Power Generation Company Limited (BSPGCL) from eligible Bidders to participate in the bidding process for providing Technical Consultancy Services & Project Management Services for Enabling works associated with Barauni Thermal Power Station in District Begusarai, Bihar. Last date and time of online submission of tender Due date and time of opening of Technical & Commercial Part
Sl.
NIT No.
Name of Work
Tender Docum ent Fee
Bid Security
Pre-Bid Meeting
1.
/PR/BSPGCL/ 2013-14
Technical Consultancy Services & Project Management Services for Enabling works associated with Barauni Thermal Power Project in District Begusarai, Bihar.
Rs. 31,854/-
Rs. 10,00,000/ -
27.08.20 13 at 11:00 Hrs
02.09.2013 upto 13:00 Hrs
02.09. 2013 at 15:00 Hrs
Request of sale/ Request of Tender/ eForm document Online submission of Tender
: :
From 17.08.2013 to 31.08.2013 (upto 16:30 Hrs) through website www.eproc.bihar.gov.in 02.09.2013 (upto 13:00 Hrs.) & original Demand Draft towards the tender Document Fee & Bid Security in form of Demand Draft/ Bank Guarantee in favour of Senior Manager Finance & Accounts ,BSPGCL will be submitted to Chief Engineer (Generation) before the due date and time for submission of online Bid. 02.09.2013 (at 15:00 Hrs.)
Date of opening of Technical & Commercial Part
While participating in e-tendering process, the contractor shall have to get them registered to get user ID, Passwords and digital signature. This will enable them to access the Website: www.eproc.bihar.gov.in only. Date of opening of price part: To be notified after Technical Bid Evaluation (www.eproc.bihar.gov.in) The tender documents are available at website www.eproc.bihar.gov.in. Tender documents must be accompanied with scanned copy of Demand Draft in favour of Senior Manager, Finance & Accounts, BSPGCL payable at Patna towards the tender Document Fee & Bid Security in form of Demand Draft/ Bank Guarantee failing which the Proposal shall be summarily rejected (original Demand Draft towards the tender Document Fee & Bid Security to be submitted to Chief Engineer (Generation), BSPGCL, Patna before the due date and time for submission of online Bid). Chief Engineer (Generation) e-tendering introduced in BSPGCL for tenders above Rs. 25 lacs. For registration logon to www.eproc.bihar.gov.in and e-Procurement Help Desk First Floor, M/22, Bank Of India Building, Road No-25, Sri Krishna Nagar, Patna-800001 at 0612-2523006, Mob:9939035696 For complains regarding corruption Vigilance Help Line No.- 9431821485, 0612-2504969 Consumer can deposit electricity bills via Sahaz Vasudha Centre or via BSPGCLbills.org
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BIHAR STATE POWER GENERATION COMPANY LIMITED

(BSPGCL)
TENDER DOCUMENT ON TECHNICAL CONSULTANCY & PROJECT MANAGEMENT CONSULTANCY SERVICES FOR ENABLING WORKS ASSOCIATED WITH BARAUNI THERMAL POWER STATION at BARAUNI BEGUSARAI DISTRICT, BIHAR
(August 2013)
Bihar State Power Generation Company Limited Page 2
BIHAR STATE POWER GENERATION COMPANY LIMITED (BSPGCL)
The Chief Engineer (Generation) Bihar State Power Generation Company Limited Vidyut Bhawan, Bailey Road Patna 800 021 (Bihar),India Tel. & Fax No.: 0612- 2504780
Nature of work: Technical Consultancy and Project Management Services for Enabling Works associated with Barauni Thermal Power Station at Barauni, Begusarai District in Bihar
M/s ________________________ ____________________________ _____________________________ This Tender document containing Section A, Section-B, Section-C and Section-D as per the index is issued on the basis of following: 1) 2) This Tender document is not transferable Though enough care has been taken while issuing Tender document, Bidder should satisfy himself that document is complete. Intimation of any discrepancy shall be given to this office immediately. If no intimation is received from the Bidder within 3 days from the date of issue of this document by him then it is considered that the Bidder has received the Tender document complete in all respect.
Chief Engineer (Generation) Bihar State Power Generation Company Limited Date: Place:
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DISCLAIMER
1.1 This document is not an agreement or an offer by BSPGCL to Bidders or any third party. This document is to make available to interested parties with information to facilitate formulation of their offers. 1.2 This document does not purport to contain all the information, which an interested party may need. The Document may not be appropriate for all persons, and it is not possible for BSPGCL to consider the specific needs of each party who uses or reads this document. The concerned parties should conduct their own investigations and analysis to satisfy themselves about the completeness of the information in this Document and obtain independent advice from appropriate sources. 1.3 Neither BSPGCL nor its employees or its Consultants make any representation or warranty as to the accuracy, reliability or completeness of the information in this document. 1.4 Neither BSPGCL nor its employees or its Consultants shall have any liability to any Bidder or any other person under law of contract, tort, the principles of restitution or unjust enrichments or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with this Document, or any matter deemed to form part of this document, the award of the work or the information or any other information supplied by or on behalf of BSPGCL or its employees or any consultants otherwise arising in any way from the selection process. 1.5 The Bidder should confirm that the document received by him is complete in all respects. In the event that the document or any part thereof is mutilated or missing, the Bidder must notify BSPGCL immediately at the following address. The Chief Engineer (Generation) Bihar State Power Generation Company Limited Vidyut Bhawan, Bailey Road Patna 800 021 (Bihar) If no information is received by BSPGCL at the above mentioned address within 3 (three) days from the date of issue of the Tender document, it shall be deemed that the document received by the bidder is complete in all respect and that the bidder is fully satisfied with the document. No extension of time shall be granted to any bidder for submission of its offer on the ground that the bidder did not get a complete set of the document. 1.6 The document and the information contained herein are strictly confidential and privileged and/or for the exclusive use of the party to whom it is issued or its concerned promoters/subsidiaries on whose strength/experience the party is seeking qualification. This document must not be copied or distributed by the recipient to third parties, (other than, to the extent required by applicable law or in confidence to the recipient's professional advisors, provided that such advisors are bound by confidentiality restrictions at least as strict as those contained in this Tender document). In the event any recipient, after the issue of the Tender document, does not continue with its involvement in the bidding process for any reason what so ever, this document and the information contained therein must be kept confidential by such party, its concerned promoters/subsidiaries or its professional advisors at all times.
1.7 BSPGCL reserves the right to change, modify, add, alter the Document or cancel the bidding process without assigning any reasons thereof, at any time during the bidding process. The Bidders or its associate company or any third party shall not object to such changes/modifications/ additions/alterations explicitly or implicitly. Any such objection by the Bidder or its associate company shall make the bidder's Bid liable for rejection by BSPGCL. Further objection by any third party shall be construed as infringement of confidentiality and privileged rights to BSPGCL in respect of this Document. 1.8 The bidders or its associate company or their authorized representatives shall not make any public announcement in respect of the bidding process or this Document. Any public announcement to be made relating to this bidding process or this Document shall be made exclusively by BSPGCL. Any breach by the Bidder of this clause shall be deemed to be non-compliance with the terms and conditions of this Document and shall render the Bid liable for rejection. BSPGCL's decision in this regard shall be final and binding upon the Bidder. 1.9 It is clarified that the provisions of clause 1.6, 1.7 and 1.8 shall not apply to information relating to this Document already available in the public domain prior to the issue of this Document. 1.10 The Bidder shall bear all costs associated with the preparation and submission of the Bid. BSPGCL shall not, under any circumstances, be responsible or liable for any such costs.
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TABLE OF CONTENTS
SECTION A GENERAL INFORMATION
A.1: A.2: A.3: A.4: Invitation to Bid Background Bidding Schedule Address for Bid Submission
SECTION B
SCOPE OF THE CONSULTANT

B.1: Scope of Services
SECTION C
REPORTING
C.1: Progress and event Reporting
SECTION D
INSTRUCTION TO BIDDERS
D.1: Bidders Qualifying Requirements D.2: Earnest Money Deposit D.3: Standard of Ethics D.4: Content of Tender Documents D.5 Bidder to inform himself D.6: Pre Bid Meeting D.7: Amendment of Tender Document D.8: Language of the Bid D.9: Preparation of Bid D.10: Deviations D.11: Submission of Bids D.12: Deadline for Submission of the Bids D:13: Late Proposals D:14: Modification & Withdrawal of Bids D.15: Validity of the Bid D.16: Bid Validity Extension D.17 Bid Opening D.18: Clarification of Bids D.19: Examination of Bids D.20: Correction of Errors D.21 Bid Evaluation Criteria D.22 Award of Contract D.23 Signing of Contract D.24: Time Schedule D.25: LD against Late Completion D.26: Terms of Payment D.27 Taxes D.28 Performance Guarantee D.29 Security Deposit D.30 Deployment of Personnel by the Consultant D.31 Fraud and Corrupt Practices D.32 Confidentiality D.33 Miscellaneous D.34 Change in Law
DRAFT CONSULTANCY SERVICES AGREEMENT ANNEXURES

SECTION A: GENERAL INFORMATION A1 INVITATION TO BID Bids are invited by Bihar State Power Generation Company Limited (BSPGCL), Vidyut Bhawan, Bailey Road, Patna 800 021 for providing Technical consultancy services and Project Management services mentioned herein for enabling works associated with Barauni Thermal Power Station at Barauni in Begusarai district of Bihar. The scope of the present tender for engaging services of Technical Consultant (TC) includes (a) Technical Consultancy Basic Engineering including preparation of definition of design criteria, preparation of complete tender documents for various packages identified, bid process management for the selection of various contractors, signing of contract agreements (b) Owners Engineer Review of Engineering Documents, Review of EPC Drawings, Documents and other Submissions made by EPC contractors, Review of Documents under Procurement, Review of Quality Assurance Plan and Shop Inspection of Major Equipments, and similar works relating to various items identified as enabling works associated with power project (c) Project Management Project Management Consultant, Site Management Services, Plant/Package Takeover Services, Operation & Maintenance Documents Review, Quality Assurance & Testing Services The Scope of Work is detailed in Section B of this bid document A2 Background As on date, Barauni Thermal Power Station (BTPS) is the only power station under State Sector having an installed capacity of 365 MW consisting of 3 X 15 MW (Stage I: Unit 1,2 &3), 2 X 50 MW (Stage II: Unit 4 & 5) and 2 X 110 MW (Stage III: Unit 6 & 7). While units established under Stage-I and Stage-II have already been retired, the unit No. 6 & 7 are currently shutdown and undergoing Renovation & Modernization (R&M). The project is being executed by M/s BHEL and it is expected to be completed by FY 2013-14 for both units (December 2013 for Unit # 6 and March 2014 for Unit # 7). Further, Government of Bihar/Bihar State Power Generation Company Limited (BSPGCL) is expanding the generation capacity at Barauni Thermal Power Station through an extension project comprising of 2 units of 250 MW each. The implementation of the Project will be carried out by BSPGCL. M/s Bharat Heavy Electricals Ltd. (BHEL) is the EPC contractor for the both the above mentioned projects and its scope of work includes designing, procuring, manufacturing, supplying, factory testing, packing, freight and insurance, receipt and storage at site, civil works, erection and commissioning, trial run & performance testing of both 2 x 110 MW and 2 X 250 MW units on turnkey basis for the project. However, certain Balance of Plant items are not included in the scope of BHEL and
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are required to be taken up by BSPGCL on its own as a part of Enabling works that are very much essential for the smooth functioning of the power plant. These items are proposed to be implemented by selecting EPC Contractors through Domestic Competitive Bidding Process for various packages to be defined by TC. The intension of these bid specifications is to enter into a contract for the consultancy engineering services for providing technical consultancy services for carrying out the basic engineering, preparation of technical specifications, preparation of tender document, bid process management, selection of contractors, review of both the EPC Contractors drawing and documents, Project Management services on the Project and administering the EPC contracts apart from monitoring and supervising the project in regard to cost, time and quality in accordance with the specifications as detailed out in the various chapters of this tender document. It is not intended to specify and outline herein all the minute details of the services to be rendered by the Technical Consultant (TC). To complete the above works, the TC shall be required to coordinate with various agencies including but not limited to following: Sl. No. Name of the Organization 1 M/s BHEL and its sub-contractors 2 M/s Steag Energy Services Ltd. 3 4 5 6 7 Role of the Organization EPC Contractor PMC Consultant for Extension project M/s Bihar Power Infrastructure Project Development Consultant Company Private Limited for Extension project M/s RITES Ltd. Railway Consultant M/s NTPC Technical consultant for Existing Project M/s WAPCOS Technical consultant for water infrastructure for project M/s McNally Bharat Engineering EPC Contractor for Ganga Water Company Package
The TC shall render all necessary and comprehensive services required in every respect to ensure smooth and timely completion of the project. The TC shall assume full responsibility for engineering adequacy, quality, coordination and timely completion of designs, and all other activities in the execution of the project. The scope of consultancy shall cover general, civil, mechanical and electrical engineering aspects and other areas briefly described in the following sections. A. 3 Bidding Schedule Activities Release of advertisement and Availability of Bid Document Last date for receipt of Clarifications in writing on Bid document Pre-Bid Conference Last date for Receipt of Bids Date of Opening of Technical Bids Informing Qualified bidders for Financial Opening Financial Opening Issue of LoI
Days T0 T0 + 21 T0 + 25 T0 + 40 T0 + 40 T0 + 45 T0 + 52 T0 + 60
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A4
In case the date/s indicated above happens to be holiday the next working day shall be treated as the Target Date
ADDRESS FOR BID SUBMISSION Bidders are required to submit their bid online only. However, the original Demand Draft towards the Tender Document Fee & Bid security/ EMD in form of Demand Draft/ Bank Guarantee will be submitted in sealed envelope to the address mentioned below before the due date and time (i.e. 02.09.2013 up to 13:00 Hrs) for submission of online Bid: Chief Engineer (Generation) Bihar State Power Generation Company Ltd. Vidyut Bhawan, Bailey Road Patna 800 001 (Bihar) Email id: k55choudhary@gmail.com Tel. & Fax: 0612-2504780 The bid will be opened on 02.09.2013 at 15:00 Hrs at the above-mentioned address in the presence of the bidders who wish to attend. If the office happens to be closed on the date of receipt of the bids as specified, the bids will be received and opened on the next working day at the same time and venue. The bidder are requested to visit the website for viewing corrigendum, minutes of pre-bid meeting, amendments, revisions, extension of bid submission date etc., informing any other changes before submitting the tender. This information shall be uploaded only on web site and not through corrigendum press advertisements and individual information.
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SECTION B: SCOPE OF CONSULTANCY SERVICES B1 SCOPE OF SERVICES The items included in the enabling works to be renovated/constructed in the project are broadly classified into following two categories: A. Works associated with Power Plant B. Works associated with Existing Colony Broadly following items have been identified to be taken up in each of the above mentioned category: (A) Works Associated With Power Plant S. No. 1 JOB DESCRIPTION Ash Slurry Discharge piping system beyond 1 km: Pipe, bends, valves, fitting, pipe pedestal, 12 km pipe, 3 nos., Ash Slurry, pumps with installation Construction of Boundary wall and watch tower, security gate development including procurement of security gadgets. Replacing of Drainage pumps, renovation of drainage system inside power house and township connecting to drainage pump house including development of catchment pond Construction of sewerage treatment plant for plant and township including connecting pipes for diverting sewerage to the treatment plant and disposal system for sludge and treated water. Coal yard leveling and hard facing for dozer movement, repairing of coal shed and construction of dozer shed. Construction of dozer and heavy equipment repair shed Construction of fire station building, procurement of portable extinguishers, hoses and hose boxes etc. Elevators for boilers (One refurbishment and One New installation) Repairing of structures of power house main building and painting including repairing of buildings Repairing & painting of Aux buildings of the plant Oil pump house, CHP Control room & Switch gear room unit B &C, Crusher house (old & new), D.M. Plant building & neutralizing pit with effluent drains, softening plant, C.W. pump house & its control room, Misc Pump house & its control room, Raw water tank, Training hall, Chemical building, Store sheds of O&M store, Store sheds of equipment store, Admin Building & other offices, Canteen building, ESP Building Construction of roads and concrete pathway inside plant
2 3
5 6 7 8 9 10
11
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S. No. 12 13
JOB DESCRIPTION Installation of 3nos Automatic Ambient Air Monitoring station and centralized data center, Installation of weather monitoring station Repairing of store sheds, development of hard surface for outdoor storage, procurement of handling equipments- trippler (1 No.), mobile crane (2 Nos. of capacity 100 T and 75 T), pay loader (2 Nos.) , battery operated trolleys (2 Nos.) Renovation/ Construction of a. Electrical lab including procurement of equipment b. C&I lab including procurement of equipments c. Chemical lab including procurement of equipments d. Mechanical Workshop including procurement and installation of equipment and provision of EOT crane e. Electrical workshops including procurement and installation of equipments Construction of single control room for switchyard A, B & C and installation of single panel for manpower optimization. Construction / installation of wagon tippler with tunnel, conveyor system, interlinking with new and old CHP system R&M of old CHP of 2X50 MW for smooth operation of 2 X110 MW units
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15 16 17
(B) Works Associated With Colony S. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 JOB DESCRIPTION Construction of Sewerage treatment plant and pumping station including excavation of rain water catchment pond and civil works for pumping Renovation of School Building Construction of watch towers Renovation of non residential buildings Replacement of drinking water lines, treatment plant and tanks Construction of Shopping Complex with shops, banks, post office and other infrastructure Construction of roads-8 km, drains-RCC- 15 km, horticulture Ambient air monitoring stations around plant Hospital renovation and construction of causality ward Construction of Community hall, clubs, swimming pool and equipments Construction of Guest house, field hostels Lighting masts and illumination Rewiring of existing quarters Rewiring of existing non-residential building including hospital and
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S. No. schools, 15 16
JOB DESCRIPTION
Wiring and lighting and other electrical system of community hall, clubs, swimming pool, guest house, field hostel, canteen, bank, post office, shopping complex, other equipments Approach Road to project site from NH Total The Scope of services to be provided for each of above mentioned Works by the Technical Consultant has been broadly classified into three different Stages:
Scope of Services for Works associated with Work associated with Technical Consultant Power Plant Colony Renovation Stage - I Stage II Stage III Technical Consultancy Owners Engineer Project Management Technical Consultancy Not Included Not Included
STAGE I: TECHNICAL CONSULTANCY A. With respect to various items identified above, the Consultant shall carry out following activities in this stage: I Basic Engineering Develop a full understanding of projects requirements through discussion with BSPGCL Review of all available project proposals, reports, drawings and plans prepared by or for BSPGCL Undertaking site visits to collect details/data/information if required for planning purpose, holding necessary discussion with the Client and obtaining requirements of Project and attending meetings at site of work or BSPGCLs Office as and when required by BSPGCL Prepare feasibility study documents, incorporating scenario assessments, design and rehabilitation concepts, project descriptions, definitions of works required and preliminary cost estimates Basic engineering including sizing of all packages, systems and equipment in consultation with the EPC Contractor
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It is the intent of the Owner to reduce the number of contractors/suppliers for carrying out the above mentioned work. However, considering the diverse nature of the work to be undertaken, the consultant is required to recommend the optimum number of separate contracts that can elicit maximum participation from the potential bidders and at the same time keep the number of the several contracts to the minimum so as to reduce the coordination issues at a later date. Accordingly, the consultant will be required to prepare tender documents for all the different contracts to be entered by the Owner. Hence, at this stage, the TC has to identify the number of packages into which the above mentioned works can be broken into. II Preparation of Technical Specifications Concepts from the feasibility reports into preliminary designs, including simplified drawings, layouts and written definitions of scope and technical parameters Descriptions of the key technical parameters, Preparation and submission of specifications and preliminary cost estimates for each and every Building / Structure / Equipment/Facilities/ etc, including internal & external services complete and including getting necessary approvals from Client and Statuary Bodies wherever required. Prepare budgetary cost estimate with Bill of Quantities/Specification Detailed definitions of electrical, mechanical and civil works to be undertaken, including relevant drawings showing dimensions and any constraints on physical size Assist BSPGCL in obtaining all necessary sanctions/permission required from statutory authorities for timely execution of the project Assist BSPGCL in negotiating and finalizing the terminal points with other Contractors who are working in that area Preparation and submission of detailed bills of quantities, detailed estimate including preparation and submission of detailed take off calculation sheets (i.e. measurement) analysis of rates Recommendations on contract arrangements III Preparation of the complete EPC Document The TC will prepare Engineering, Procurement & Construction (EPC) Tender document for the each package for carrying out competitive bidding. The Tender documents shall contain site data, scope of supply & services, design basis, functional specifications, performance and guarantee schedules, technical data sheets, commercial specifications, schedules, and drawings for bidding etc. IV Bid Process Management The TC shall carry out technical review of the bids/offers received, interact with the
bidders for clarification/confirmation, evaluate the bids and submit technical evaluation report containing recommendations. The TC shall assist BSPGCL in finalizing the contract and signing of the contract agreement with the successful bidder of each package. B. Approach and Methodology proposed for performing the project during Stage -I I Mobilization of TCs Project Team The mobilization of the project team will be initiated immediately once the engineering contract is made effective. The mobilization phase shall be utilized for: Preparation of preliminary questionnaire Compiling of working aids Preparation of a preliminary working program Planning of logistics II Kick-off meeting and Data Collection The TCs project team members will be travelling to the BSPGCLs office/BTPS office for the project kick-off meeting as well as for collection of relevant project data and coordination of the preliminary programs with BSPGCL. The technical background of the Project Manager will be that of a senior engineer and most important, with extensive experience in Thermal power plant engineering & planning. In the project Kick-off meeting with BSPGCL, the following subjects will be addressed: Basic data & Constraints Understanding the scope of work and terminal points of BTG Contractor for finalizing the scope of each package for ensuring the completeness of the project. Key dates and project milestones and coordination procedures between BSGPCL and the TC III Definition of design criteria and detailed scope of work As basis for the EPC tender design basis, the TC will specify the main design criteria and guidelines to be used by the EPC contractor for their basic and detail design and subsequent construction. Where ever appropriate, the standards will be those, which are internationally known and accepted. The standards will be complemented by Project Specific requirements. Based on the existing data provided by BSPGCL and internationally accepted standards, the TC will compile the key information to be used by EPC contractor to prepare their design and tender price. The key information shall include the following:
Information on surface topography at the sites of the structures Information on the expected ground conditions beneath the main structures Information on the availability and quality of construction materials for civil works Clear and concise specifications of the Owners requirements these specifications will cover all civil works, mechanical equipments and electrical equipment, the quality of the construction materials and the characteristics and performance and acceptance test for the finished products necessary to define the EPC scope of work for the Contractor. The details of this requirement are as follows: Civil Works For civil works, the TCs duties in preparing design standards shall comprise the following tasks: Load combinations and overall stability analysis of the major structures. Load combinations and internal stress analysis of major load bearing elements Mechanical Works For mechanical equipments, the TCs duties in preparing design standards shall include the following: Mechanical properties of materials Manufacturing and fabrication standards International standards adapted to these types of thermal plants Electrical Works The design standards issued by IEC (International Electro technical Commission) and ISO (International Organization for Standardization) will be specified by the TC. If relevant IEC and ISO standards are not available, then relevant national codes or standards, with wide international acceptance such as ANSI, ASTM, ASME, BS, DIN etc. will be specified. IV Preparation of Tender Documents Pre-qualification Bids The TC shall prepare the pre-qualification bids for the EPC contract stipulating the requirements commensurate with the proposed main plant configuration and performance requirements as specified by the BTG Contractor. The Qualifying requirements shall be framed considering adequate participation of international contracting companies and OEMs. The QR criteria shall be discussed and finalized in consultation with BSPGCL. Tender Documents
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The EPC tender document will describe the EPC works and ancillary services to be offered by the Bidders. This document will state the tender procedure and the terms & conditions with which the bids must comply in order to be fully responsive and acceptable for the bid evaluation process. The EPC Tender documents will typically entail the following overall chapters: Part A: Part B: Part C: Commercial Specifications Technical Specifications Annexure (e.g. drawings, reports, studies, maps etc.)
The Part A, the commercial specification, may be structured as follows: Part A1: General Commercial Part, consisting of e.g.: Instructions to Bidders (including basic evaluation criteria) General conditions of contract Bid Forms (e.g. Performance Security Form, Bank Guarantee for Advance Payment form, Manufacturers Authorization form etc.) Liability and warranty targets Terms of payment Part A2: Particular Commercial Part, consisting of e.g.: Particular commercial conditions for reduction of value, cancellation of contract Price sheets Liquidated damages for delay Liquidated damages for failure in performance (e.g. output, availability, running period between overhauls, emission values etc.) Unit Price Lists Payment Schedule Part B: The Technical Specification (Owners Requirements) This part will be a functional specification of the EPC Contractors scope of supply and services. This includes both general specifications as well as specific performance specification for different technical systems of the power plant. The general specification will contain the general package description and the quality requirements applicable to all package components, including sections such as: Subject of Specification General Package Description
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Supplies & Services Interfaces Tender Schedules General Technical Requirements Inspection & Testing Abbreviations Applicable General Standards applicable to all supply items The specific specifications describe in detail various system components, and consist typically of: General Scope of Supplies & Services Special Technical Requirements including test details and applicable standards Technical Schedules The TCs responsibility will be to prepare the Tender Documents (Part A and B) in close co-operation with the BSPGCL. The general and particular (special) technical conditions will be submitted by the TC to the BSPGCL for approval, and will be finalized by the TC after consideration of the BSPGCLs comments. Preparation of Guidelines for EPC Bid evaluation The TC will develop an EPC bid evaluation guideline. The proposed evaluation criteria with minimum requirements and ranking procedure will be based on the experience of the TC in similar projects, and will include both technical as well as commercial criteria. The final evaluation criteria will be developed in close cooperation between the BSPGCL and the TC. V Pre-tender opening services During the tender period, the TC shall prepare answers to clarification requests submitted by the Bidders. These questions shall in the first instance be submitted to the Owner by the Contractor in writing using bid clarification question form sheets. The answers to the questions will be compiled by the TC with assistance from any other applicable party, and will distributed to all Bidders, without disclosing the name of Bidder requesting such clarification, by the Owner using standardized bid clarification form sheets. Likewise, any questions arising from other sources than the bidders or any changes to the Tender requirements shall be distributed to all Bidders using standardized bid clarification form sheets. These bid clarifications will also form part of the EPC contract, and will be issued in the format of an addendum to the EPC tender document.
VI Post Tender Opening Services Bid Evaluation The evaluation of proposals will be in stages as follows: In the 1st stage, all the tenders will be technically evaluated, and all tenderers will be brought to a comparable level, this may also comprise clarifications on the offered scope of supply and works. In the 2nd stage, the tenders will be commercially and financially evaluated and the first ranked bidder will be invited for contract negotiations and final clarification. The evaluation of the technical proposals will be done with focus on the following criteria: Technical soundness of the proposed technical concept and compliance with scope of work and the technical specification as described in the EPC Contract documents. Reliability and availability of the proposed technical concept Essential technical design parameters of the System Conversion efficiency and plant economy Health, safety and Environmental aspects Completion dates/milestones Furthermore, the TC will evaluate the financial proposals, with focus on but not limited to contractual compliance with the requirements given in the EPC tender documents: Liability and warranty Terms of payment Reduction of value, cancellation of contract Warranties & guarantees Liquidated damages for delay and for failure of performance (e.g. output, efficiencies, availability, running period between overhauls/forced outages, emission values, consumption of energy or auxiliary materials etc. Breakdown of costs Price sheets Total price and unit prices for components, systems and services, such as: Costs for inland transportation, insurance and other incidental costs for delivery Costs for mandatory spare parts and after sales services
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Operation & maintenance costs
The main results of technical and commercial bid evaluation including recommendations will be summarized in a Bid evaluation report. Assistance during Contract negotiation The TC will assist BSPGCL in the Contract negotiation phase with the firstranked EPC bidders selected for close consideration. These contract negotiations shall resolve all questions and problems concerning the EPC Contract documents. The Owner will be the leading party in the course of the EPC Contract negotiations. However, the TC will take responsibility for the clarification of all technical aspects and the definition of the responsibilities to be taken by the EPC Contractor. The TC will further assist BSPGCL in the course of negotiations of the commercial aspects of the EPC Contract, and the definition of the responsibilities to be taken by the EPC Contractor. The TC will be responsible for the documentation of the results of the Contract negotiations agreed upon. Both the agreed technical as well as commercial clarifications and deviations will be recorded by agreed and co-signed lists and an updated version of the EPC contract will be prepared by the TC. STAGE II: OWNERS ENGINEER With respect to various contracts awarded during the Stage I of this tender document pertaining to the works associated with Power plant only, the Consultant shall carry out following activities in this stage: I Post EPC Services (1) Review and approval of Contractors Engineering Documents Review Contractors basic engineering work for the project pertaining to all the packages. The scope will be limited to review and approval of EPC Contractors basic concepts, design criteria, design procedures etc. to ensure that the resulting detailed engineering and subsequent procurement and construction, would meet the contractual requirements in respect of the following aspects: Scope of work Technical requirements Adherence to codes and standards Compliance to environmental and other statutory norms Safety, reliability, operability and maintainability aspects Material safety and disposal standards as applicable Overall compliance to sound contemporary engineering practices
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(2) Review and approval of EPC Drawings, Documents and other submissions This review and approval would be for providing assurance to BSPGCL that the technical execution is progressing along agreed contractual lines and shall be advisory in nature with alternate proposals such that the extent and efforts are not duplicating EPC Contractors detailed engineering activity The review and approval will cover the following documents/drawings as submitted by the EPC Contractors: All basic studies and concept notes Basic as well as detailed engineering and design. Design manuals indicating design criteria, design procedures & assumptions, software details etc. Plot plan and Area plans General arrangement drawings of buildings and facilities Flow diagrams, heat and mass flow diagrams and schematics including piping drawings and isometrics Electrical one-line diagrams Instrumentation and control schematics, panel configuration drawings and control room layout drawings Logic diagrams Protection schemes Technical data sheets and performance curves / data of major equipment. Design calculations of critical systems / structures Any and all of the Contractors drawings and documentation such that plant aesthetics, lay out, maintenance ease are addressed and shall also include fabrication drawings; construction drawings; erection drawings; component and / or sub-assembly drawings of equipment etc.
(3) Review and approval of Documents under Procurement Review and approval of EPC Contractors documents to ensure that all plant, equipment and services that are procured by various EPC Contractors of different packages are in line with the requirements of the contract The documents to be reviewed shall include: Purchase specifications of major plant and equipment sub-contracted by various EPC Contractors Purchase specifications of all civil works sub-contracted by various EPC Contractors
(4) Review and approval of Quality Assurance Plan The scope of work would cover the following tasks related to quality assurance aspects of the project Approval of sub-contractors proposed by various EPC Contractors
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Review, approval and finalization of the EPC Contractors / sub-contractors and its vendors Quality Plans such as QA & QC including customer hold points for inspection Review, approval & finalization of shop and site performance test procedures for all major equipment and systems Review, approval & finalization of site quality assurance plans as proposed by the EPC Contractors Review, approval & finalization of documents for testing, commissioning, performance testing for establishing guaranteed performance parameters and for operation and maintenance and training of personnel. Review, approval & finalization of pre-commissioning checklists for various equipments and systems.
(5) Support till all detailed and basic engineering review is completed Technical assistance and documents required for submission and presentation for the project with lenders, Investors, Statutory and Government Authorities STAGE III: PROJECT MANAGEMENT With respect to various contracts awarded during the Stage I of this tender document pertaining to the works associated with Power plant only, the Consultant shall carry out following activities in this stage: (1) Consultant will undertake following activities relating to Project Management: i) Review, approval & finalization of schedules proposed by the EPC Contractor and necessary updation. ii) Review, approval & finalization of project co-ordination and communication procedures. iii) The following meetings will be organized by Consultant: a) Technical Coordination Meeting (TCM) b) Project Review Meeting (PRT) c) Package Review Meeting at site The TCM is to be carried out predominantly for discussing various engineering requirements and interface co-ordination between various subvendors/subcontractor of the EPC Contractor. The PRT is to be carried out predominantly for: Review of Monthly Progress. Identifying constraints & hold ups for present and next Three months. Taking corrective action on various critical items. The Package Review Meetings at site are predominantly for Micro Resource planning of each agency.
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Such meetings go a long way in identifying the possible gap areas and interface problems / mismatching and ensures slippages, if any, get detected and resolved ahead of time. The deliverables of Consultant for project management services shall include (a) Updated MIS Reports as per agreed format, (b) Exception reports that shall enable the Owner to take appropriate corrective actions / interventions in advance iv) Submit the Exception reports v) Certification of EPC Contractors invoices as per the work. vi) Review, approval and certification of change orders. Consultant shall carry out above activities strictly as per EPC Contract Documents indicating Bill of materials and price schedules. vii) Provide technical data / inputs to support the Owner in settlement of claims and disputes. viii) Assisting the Owner in providing solutions to resolving design related problems and contractual problems and Site related issues ix) Preparation of monthly MIS reports for progress x) Monitoring progress and indicating the slippages, deviations and suggesting the remedial measures xi) Review of the project realization schedule confirming the contracted scope (2) Consultant will undertake following activities relating to Site Management: Supervision of construction, erection, testing and commissioning of equipment and facilities by the EPC contractor to ensure compliance of the EPC contract with regard to quality and performance. Consultant shall participate in the discussions between the Owner and EPC Contractor for finalization of the project completion schedule (L1 Network). Subsequently; the EPC Contractor shall develop the detailed L2, L3 LN Schedules covering all activities involving detailed engineering, sub-vendor activity and procurement, manufacturing, freight and transport of the equipments, tools and tackles, manpower resources, construction / execution at site up to completion and handing over the system/package to the Owner. These shall form the basis of project implementation. Consultant shall deploy sufficient manpower/ site management team to execute the complete project. However, the employees deployed at site by Consultant may change from time to time to match the various project milestones. Consultant will not be made responsible for delay in deliverables due to delay in submission of inputs by EPC Contractor/ sub-vendors.
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Advising Owner regarding adequacy of special tools/equipments, manpower and resources of contractor. Review of EPC Contractors work plans for ensuing week/month Preparation of monthly site progress reports covering current construction status, deviations from approved schedules, critical areas and proposed remedial measures Providing advice to the Owner regarding technical problems if encountered at site Proposing to the Owner feasible corrective actions to be taken in case of works that are not in line with approved designs / specifications Review and advice regarding field changes desired by contractor Review Site quality assurance plans Review of documents for testing, commissioning, performance testing for establishing guaranteed performance parameters and for operation and maintenance and training of personnel. Review of pre-commissioning checklists for various equipments and systems Review of any engineering work (as required) for interfacing with other contractor(s) who are engaged by the Owner for the creation of matching facilities outside the battery limits of the subject EPC Contractor Witness performance guarantee at site on all the important equipments/systems; review and evaluation of test results, with comments/recommendations. Conduct independent calculations to verify test results (3) Project Information Documentation To ensure documents are duly authorized and fit for use prior to issue. To ensure job performers are equipped with pertinent issue of the relevant document at all time for carrying out the activities. To ensure obsolete documents are promptly removed from all points of issue and use. To update documents, as and when necessary. To ensure that changes and current revision status are identified and their distribution controlled. To ensure that changes are appropriately reviewed before they are incorporated. To ensure organizational information is secure and available. To ensure proper documentation and cataloging of the relevant project development activity document and providing both the binded hard copy (three number) as well as the soft backup (three number CDs) to the Owner on the quarterly basis. (4) System/Package Takeover Services Witness performance testing of the plant, to be conducted by the EPC Contractor at site prior to take-over (if applicable). Assistance to Owner in interpretation and acceptance of the test results. Preparation of Defect and Liability list Preparation of Warrantee and Guarantee points for the EPC contractor (if applicable) (5) O & M Documents Review
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Review of O & M manuals wherever applicable Review and approval of jointly agreed as built drawings / completion reports prepared and submitted by Contractor Review of spare parts lists and determination of adequacy based on the equipment overhaul and running hours wherever applicable (6) Shop Inspection, Quality Assurance and Testing Services To be decided on a man-day basis based on the needs as and when required both in India and abroad. The scope shall include carrying out the inspections by Inspection Engineers at manufacturer works for critical items. The Consultant shall discuss and finalize the list of critical items with the Owner.
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SECTION C: REPORTING C.1

Meeting Frequency / Duration No. of Meetings Location
Progress and Event Reporting

Chaired By Participation Owner EPC Contractor & its subvendors Project Management Consultant(PMC ) Deliverables 1.To discuss various engineering requirements and Interface Coordination between various subvendors of the EPC Contractor, 2. Finalization of Engineering Details within the time frame 3. Finalization of schedule of Engineering Activities
The details of the frequency, duration location and participant of the meetings
12 TCM 1 Meeting / Month
Patna Owners Project Manager
12
Barauni
12
Patna
Owner EPC Contractor and its subvendors PMC
1.
Review of Monthly Progress
1 Meeting / Month PRT Owners Project Manager Owner EPC Contractor and its subvendors as required PMC Owner EPC Contractor and its subvendors as required
2. Drawings required for next Three months. 3. Review of material availability for Next Three months. 4. Technical problems if any arising out of drawings / incompatibility to Technical Specifications . 5. Layout Aspects 6. Site Specific Constraints/ Supervision
12
Barauni
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The details of the frequency, duration location and participant of the meetings Meeting Frequency / Duration No. of meetings Location Chaired By Participation Deliverables 1. Micro resource planning of each agency. 2. Work progress of each agency. 3. Mobilization of each agency 4. Forecasting Steel , Cement , Labour , T&P and material flow requirement for the next three months . 5. Deviation from specification 6. Any site specific constraint.
Package meeting with Site Contractor
1 Meeting per week Site
Site in charge of Owner
Owner EPC Contractor and its subvendors as required PMC
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SECTION D INSTRUCTIONS TO BIDDERS D. 1 Qualifying Requirements of Bidder The Bidder shall furnish documentary evidence along with bid to establish that it fulfills the following qualifying requirements set by the Owner. (1) A Bidder can be a single entity or a Consortium with a maximum of 2 entities with the entity being a Company incorporated under the Companies Act 1956 or its subsequent amendment, meeting the qualifying requirement as stated below Technical Eligibility Requirements a. The Bidder has satisfactorily established with documentary evidence that he has proven experience of providing consultancy & project management services as bid process manager for award of EPC package(s) including the finalisation of the tender documents and specifications, award of EPC contract, project supervision and management for atleast one thermal power generation unit of 200 MW and above capacity which is successfully commissioned during the last 3 years. (It is clarified that the above services provided for a single project shall be considered as eligiblilty for the bidder) Financial eligibility Requirements b. The Bidder should have a minimum annual average turnover from consultancy services of Rs. 50 Crores (Rupees Fifty Crores only) during the last three audited financial years (i.e. FY 2010-11, FY 2011-12 and FY 2012-13). (2) The above technical and financial eligibility requirement shall be met by the bidder himself or through his parent company which has more than 51% of equity holding in the bidding entity. In case of a consortium, the above technical requirements have to be met by the Lead Member of the consortium with or without the credentials of parent company and the above financial eligibility requirements have be met by the individually by any of the Members of the consortium with or without the credentials of parent company. In case of consortium of entities, one of the members of the consortium shall act as Lead Member on behalf of the consortium in exercising all the rights and obligation towards the owner that will include without limitation coordination with the entities involved in the Project, successful delivery of the project/ assignment, receiving of instructions and payments from the Authority. (3) The Bidder shall furnish documentary evidence along with bid to establish that it fulfills the qualifying requirements set by the Owner.
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(4)
Notwithstanding anything stated above, Owner reserves the right to assess the consultant's capability and capacity to perform the works and such decision of the Owner cannot be challenged. Bid submitted by bidder without necessary details of the qualifying requirement along with the documentary evidence shall be rejected by the Owner. Any entity which has been barred by the Central/ State Government, or any entity controlled by it, from participating in any project, and the bar subsists as on the date of Bid, would not be eligible to submit the Bid, either individually or as member of a Consortium. The Bidder shall ensure that the information to be furnished in the following qualification documents should be specific and to the point. All questions must be commented and filled in. If a question is not applicable to the Bidder for qualification, it must be struck off clearly explaining the reason for its non-applicability a. General financial and commercial particulars of Bidder Annexure -7 b. Information with respect of the Bidder Technical experience Annexure 8 c. Information with respect of the Bidders Financial experience Annexure - 9
(5)
(6)
(7)
D. 2 (1)
Earnest Money Deposit-EMD The bid must be accompanied by bid security/ EMD for an amount Rs 10,00,000/- (Rupees Ten lacs only). The bid guarantee shall be denominated in the currency of the bid and shall be in any one of the following forms a) Demand draft of any Scheduled Commercial Bank drawn in favour of the Senior Manager (F&A), Bihar State Power Generation Company Ltd. payable at Patna. b) Bank Guarantee from a Scheduled Commercial Bank irrevocable and operative 30 days after the validity of the offer (as per standard proforma attached).
(2) (3)
Any bid not accompanied by the EMD in the above form may be rejected by the Owner as non-responsive. Bid Security/ EMD of successful Bidder will be returned after submission of the performance guarantee amount. Bid Security/ EMD of unsuccessful Bidders will be returned within 60 days from the date of acceptance of bid of the successful Bidder.
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(4)
The Bidder, by submitting its Bid pursuant to this Bid Document, shall be deemed to have acknowledged and confirmed that BSPGCL will suffer loss and damage on account of withdrawal of its Bid or for any other default by the Bidder during the Bid validity period. No relaxation of any kind on Bid Security shall be given to any Bidder. The EMD shall be forfeited and appropriated by BSPGCL without prejudice to any other right or remedy that may be available to BSPGCL hereunder or otherwise, under the following conditions: a) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice as specified in Clause D29 of this Tender document b) The Bidder submitting any wrong information or making any misrepresentation in his Bid. c) If a Bidder withdraws its Bid during the period of Bid validity as specified in this Tender document and as extended by BSPGCL from time to time; d) In the case of Selected Bidder, if it fails within the specified time limit i. to sign the Consultancy Service Agreement and/or ii. to furnish the Performance Guarantee within the period prescribed therefore in the Consultancy Service Agreement; or
(5)
(6)
In case the Selected Bidder, having signed the Consultancy Service Agreement, commits any breach thereof prior to furnishing the Performance Guarantee. No interest shall be payable by the Owner on the above bid security Standard of Ethics It is BSPGCL policy to require that the bidder shall observe the highest standard of ethics during the selection and execution of such contract BSPGCL shall ensure that the rules for the bidding proceedings for the Project are applied in a non-discriminatory, transparent and objective manner. BSPGCL shall not provide to any Applicant information with regard to the Project or the bidding proceedings, which may have the effect of restricting competition Contents of Tender Documents (1) The Tender documents are arranged as follows: Section A General Information
(7) D3 (1) (2)
D. 4
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Section B Scope of the Consultancy Work Section C Reporting Section D Instruction to Bidders (2) Failure to furnish all information required as per the Tender documents or submission of a bid not substantially responsive to the bidding in every respect will be at the bidders risk and may result in the rejection of his bid The bidder shall bear all costs associated with the preparation and submission of the bids. The submission of any bid connected with these documents and specifications shall constitute an agreement that the bidder shall have no cause of action or claim against the Owner for rejection of his bid or if the Owner may elect to withdraw the invitation to bid. The Owner shall always be at liberty to reject or accept any bid or all bids at its sole discretion and any such action shall not be called into question and the bidder shall have no claim in that regard against the Owner. The Owner is not bound to give any reasons for the rejection of the bid The bidder shall note the following: (a) Not more than one bid for the work shall be submitted by one bidder (b) If the bidder deliberately gives wrong information in its bid to create circumstances for the acceptance of its bid the Owner reserves the right to reject such bid and/or cancel the order (c) Bid documents submitted shall be the property of the Owner (d) Bids shall be submitted for the complete scope of work as envisaged and bid submitted for partial scope of work may be rejected (e) Every page of the bid document should be initialed by the authorized person and stamped. D. 5 Bidder to inform himself fully (1) It is the responsibility of bidders to get acquainted themselves with the Project before submission of bid proposals. All costs and expenses incurred directly or indirectly with respect to preparation & submission of bids, attending to pre-bid/post-bid meetings or seeking clarifications etc shall entirely be on their own costs and risks. BSPGCL shall not take any responsibility or held responsible in this regard. The bidders are also required to familiarize themselves with the income tax, service tax and such other local laws and conditions
(3)
(4)
(2)
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(3) D6
Bidders are also required to familiarize themselves with the site conditions. This shall be without any cost or liability to owner.
Pre-Bid Meeting (1) Though enough care has been taken while issuing Tender document, bidder should satisfy himself that document is complete. Intimation of any discrepancy shall be given to this office immediately. Clarifications/ Doubts, if any, on Tender document may be submitted to BSPGCL at the address mentioned below as per format enclosed at Annexure 14 of this Tender Document. BSPGCL will make all efforts to respond to the same in the Pre Bid Meeting at Patna. A compiled list of such questionnaire and BSPGCLs response will be uploaded on the website of BSPGCL for information of all concerned in www.eproc.bihar.gov.in. All are requested to remain updated with the website. No separate reply/ intimation will be given elsewhere. Enquiries/clarifications may be sought by the Bidder from: Chief Engineer (Generation) Bihar State Power Generation Company Limited Vidyut Bhawan, Bailey Road Patna 800021, Bihar Phone: 0612-2504780 Fax: 0612-2504780 (4) For the avoidance of any doubt, it is clarified that there shall be no extension in the Bid deadline on account of clarification sought in accordance with this Clause. Further, BSPGCL is not under any obligation to entertain/respond to suggestions made or to incorporate modifications sought for.
(2)
(3)
D7
Amendment of Tender Document (1) (2) (3) BSPGCL may modify the Tender Document by issuing an Addendum before bid submission date. Any Addendum thus issued shall be part of the Tender Document and shall be hosted on the BSPGCLs website. To give prospective Bidders reasonable time in which to take Addendum into account in preparing their bids, BSPGCL may, at its sole discretion, extend the bid submission date.
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D8
Language of the Bid All information given in the bid shall be in English language. Information in any other language shall be accompanied by its translation in English. Failure to comply with this requirement may disqualify the bid. In the event of any discrepancy in meaning, the English language copy of all documents shall govern
D9
Preparation of Bid The bid to be submitted by the Bidder online shall comprise of the following: (1) Technical Bid (Part 1) shall include following information: (a) (b) Covering Letter as per Annexure 1; Power of Attorney to be provided by the Bidding Company/Lead Member in favour of its representative as per Annexure 2. In case of a Bidding Consortium, a Power of Attorney in favour of the Lead Member issued by the other Member of the Consortium shall be provided in original as per format attached hereto as Annexure 3. DD/Bank Guarantee towards EMD @ Rs. 10 Lacs as per Annexure 4 Draft of Performance Guarantee (to be submitted at the time of signing of Contract Agreement) in the form as per Annexure 5; duly signed as acceptance. In case of a Consortium, the Consortium Agreement between the Members in the Consortium as per Annexure 6; General financial and commercial particulars of Bidder Annexure 7 An outline of experience on assignments in the fields as mentioned in Section D Clause D 1 of this Tender document. The outline of experience shall be relevant to the above specified type and capacity, and shall contain details of full address of the Project, exact scope of Consultant, brief of the project, year of commissioning etc as per format at Annexure8.
(c)
(d) (e)
(f) (g) (h)
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(i)
Format for fulfillment of Financial Requirements as mentioned in Section D Clause D1 of this Tender document as per Annexure 9 A particular description of: Conceptual approach and methodology Work-plan for scope of service, service to be provided by others, division of work, manpower planning, etc. Copy of the declaration of co-operation with nominated partners.
(j)
(k)
Proposed staff Proposed staff organization charts, (names and name list) and assigned tasks and sub-tasks Brief and detailed curricular vitae of the individual staff members to be assigned to the work and of the senior officer in the home office who would be responsible for supervision of the team. The curricular vitae should be as per Annexure 10 Indicate separately the staff for supervising the construction activities. (5 persons minimum)
(l) (m) (n) (2)
Any comments or suggestions of the bidder Technical & Commercial deviation in the enclosed format as per Annexure 11 Initialed Tender documents including corrigendum/amendment duly signed as acceptance. any
Financial bid (Part 2) shall include following information: (a) The Bidder should quote their consultancy rates as lump sum fee for each stage of work (i.e. Technical Consultancy, Owners Engineering & Project Management) separately for the works and in accordance with the scope as defined in Section B of this Tender Document. The above quoted rate shall be inclusive of all taxes & duties payable in India except service tax that shall be payable by BSPGCL to the TC at actual against the submission of documentary evidence. The Consultant shall use the Formats at Annexure 13 for quoting their bid prices.
(b)
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D 10
Deviations (1) The Owner desires that the bidder shall perform the work strictly in accordance with the Tender documents. However, should any bidder require deviations, the same shall be tabulated in the appropriate deviation schedules as per Annexure 11. In case of no deviations also, the bidder shall indicate Nil in the Format. In the Annexure 12, the bidder shall also indicate the financial implications for withdrawing the technical as well as commercial deviations. Only those deviations which are listed out in the Schedules shall be considered and deviations indicated elsewhere shall be evaluated on the basis that the same would be withdrawn by the consultant without any financial implications to the Owner In case a deviation cannot be withdrawn, the same must be indicated separately in the Annexure 11. The decision on the same would be taken after looking into the deviation and its implication on BSPGCL.
(2)
(3)
D 11
Submission of Bids (1) Bidders are required to submit their bid online. However, the original Demand Draft towards the Tender Document Fee & Bid security/ EMD in form of Demand Draft/ Bank Guarantee will be submitted in sealed envelope to the address mentioned below before the due date and time (i.e. 31.08.2013 upto 13:00 Hrs) for submission of online Bid: Chief Engineer (Generation) Bihar State Power Generation Company Ltd. Vidyut Bhawan, Bailey Road Patna 800001 (Bihar) Email id: k55choudhary@gmail.com Tel.: 0612- 2504780 (2) The sealed envelope containing the DD/BG should be super scribed thereon BID PROPOSAL FOR CONSULTANCY SERVICES FOR BARAUNI THERMAL POWER PLANT and shall further provide details such as NIT, time & date of submission and Bidders full correspondence address. If the envelopes are not sealed and marked as instructed above, BSPGCL no responsibility for the misplacement or premature opening of the contents of the Bid and consequent losses, if any, suffered by the Bidder. Bids submitted by hard copy, fax, telex, telegram or e-mail shall not be entertained and shall be rejected.
(3)
(4)
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D 12
Deadline for Submission of the Bids (1) The Bidders are required to submit their Bids online only on or before the time and date as specified in Clause D11. In the event of the specified date for the submission of bids being declared a holiday, the Bids will be received up to the specified time on the next working day. BSPGCL may extend the deadline for submission of bids by issuing an amendment, in which case, all rights and obligations of the BSPGCL and the Bidders previously subject to the original deadline will then be subject to the new deadline. The intimation for extended deadlines will be sent to Bidders preferably one week prior to the original deadline.
(2)
D 13 Late Proposals Any Proposal received by BSPGCL after the Due Date mentioned at Clause D11 above will not accepted. D 14 Modification and Withdrawal of Bids (1) (2) (3) Bidders may modify or withdraw their bids online before the deadline prescribed in Clause D11 above. No bid shall be modified after the deadline for submission of Bids. Withdrawal or modification of a Bid between the deadline for submission of bids and the expiry of the original period of bid validity as in Clause D15 or as extended may result in the forfeiture of the Bid security/ EMD pursuant to Clause D2 of this Tender Document.
D 15
Period of validity of the Bids The bids shall be valid for 180 days from the date of opening of bids as mentioned in the Section A. A bid valid for shorter period may be rejected by the Owner as non responsive.
D 16
Extension of Bid Validity period In exceptional circumstances, prior to expiry of the original Bid Validity Period, BSPGCL may request the Bidders to extend the period of validity of the Bid and the EMD for a specified additional period. The request and the Bidders responses shall be made in writing. BSPGCL reserves the right to reject the Bid submitted by any Bidder who fails to extend the period of validity of its Bid in line with the provisions of this clause.
D 17
Bid Opening
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(1)
Part 1 of all the bids received online, including modifications made pursuant to Clause D14 of Tender Document in presence of the Bidders representatives who choose to attend. In the event of the specified date for Bid opening being declared a holiday, the Bids will be opened at the appointed time on the next working day. If any Bid does not contain Tender Document Fee & Bid Security/ EMD as per Clause D2 in the manner prescribed in the Tender document, then such Bid(s) will be rejected. All other valid Bids shall be considered for evaluation. The Bidders name and such other details as BSPGCL may consider appropriate, will be announced at the time of opening. BSPGCL shall prepare minutes of the Bid opening, including the information disclosed to those present in accordance with the Sub-clause above. The part II of tender shall be opened after evaluation of part I. The bidders meeting the prequalification criteria shall be informed of the date of opening of Price part of the tender.
(2)
(3) (4)
(5)
D18
Clarification of Bids (1) To assist in the examination and comparison of Bids, BSPGCL may, at its discretion, ask any Bidder for clarification of his Bid. The request for clarification and the response shall be in writing or by email / fax, but no change in the price or substance of the Bid shall be sought, offered, or permitted. Subject to the Clause D18 of NIT, no Bidder shall contact BSPGCL on any matter relating to its bid from the time of the bid opening to the time the contract is awarded. Any effort by the Bidder to influence the BSPGCLs bid evaluation, bid comparison or contract award decisions, may result in the rejection of its bid.
(2)
(3)
D 19
Examination of Bids and Determination of Responsiveness (1) Prior to detailed evaluation of Bids, BSPGCL will determine whether the Bid meets (a) the minimum requirements as defined in Clause D1 of NIT; (b) has been properly signed by an authorised signatory holding Power of Attorney in his favour, (c) is accompanied by the required Tender Document Fee and Bid security/ EMD and; (d) is responsive to the requirements of the Bidding documents. A responsive Bid is one which conforms to all the terms, conditions and specification of the Bidding documents, without material deviation or
(2)
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reservation. A material deviation or reservation is one (a) which affects in any substantial change in scope, quality or performance of the Works; (b) which limits in any substantial way, the BSPGCLs rights or the Bidders obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting responsive Bids. D 20 Correction of Errors (1) Bids determined to be responsive will be checked by the BSPGCL for any arithmetic errors. Errors will be corrected by BSPGCL as follows:
a) When there is a difference between the amount as quoted by the Bidder in figures and in words, the amount which corresponds to the words mentioned in the Priced Bill of Quantity Schedule, shall be taken as correct. (2) The amount stated in the Bid will be adjusted by BSPHCL in accordance with the above procedure for the correction of errors and 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.
D 21
Bid Evaluation Criteria (1) The bidder shall be qualified as per the qualifying criteria indicated in this Bid Document. In case the bidder does not fulfill qualifying criteria, his bids shall be liable for rejection If necessary, any or all Bidders may be required to make the presentation to BSPGCL on their proposal at their cost. The BSPGCL reserves the right to accept or reject any or all bids without assigning any reason. In evaluating the Bids, the BSPHCL will determine for each Bid, the evaluated Bid Price by adjusting the Bid Price by making any correction for errors pursuant to Clause D20 of NIT (Correction of errors) and by making any adjustment for deviations pursuant to Clause D10 of NIT (Deviations).
(2) (3) (4)
D 22
Award of Contract (1) BSPGCL shall award the Contract to the Bidder whose evaluated bid has been determined to be the technically suitable and financially lowest and is substantially responsive to the Bidding Document, provided further that the Bidder is determined to be qualified to execute the Contract satisfactorily.
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(2)
Notwithstanding anything contained in this document, the Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders the grounds for the Owners action Notification of award of contract shall be made in writing through a Notice of Award, i.e. Letter of Intent (LOI), to the successful bidder. This letter of intent may be in writing by registered letter or by cable or telex or FAX to be confirmed in writing by registered letter or courier service or by speed post that its bid has been accepted Till such time the formal contract is signed, the LOI issued by the Owner to the successful bidder and its acceptance by the bidder shall be construed as a contract document and conditions of contract contained in these documents shall become applicable
(3)
(4)
D 23 Signing of Contract (1) The Selected bidder (Consultant) shall have to sign a formal contract agreement with the Owner within 30 days from the date of LOI. Under certain circumstances, the Owner may give an extension of time for signing of contract If the Consultant fails to sign contract within stipulated time, the same shall constitute sufficient ground for the annulment of the award of consultancy work. In such an eventuality, the Owner may make the award to the next evaluated responsive bidder or call for new bids. The Work Order will constitute the formation of the Contract subject only to the furnishing of a Performance Guarantee within 30 days of Work Order. The Agreement shall be made and signed by both the parties. The Agreement will incorporate all correspondence between the BSPGCL and the successful Bidder.
(2)
(3)
(4)
Upon furnishing of the Performance Guarantee by the successful Bidder, BSPGCL will release Bid security/ EMD of all unsuccessful bidders. D 24 Time Schedule (1) The basic consideration and the essence of the Consultancy contract shall be the strict adherence to the time schedule by the Consultant.
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(2)
The duration of the assignment for Stage I will be for a period of Three (3) months i.e. Twelve (12) weeks from the date of award of contract and shall be carried out as per the following: Description of Task Time from the date of issuance of LOI Two Weeks
Basic Engineering & defining the number of packages Submission of Package wise draft technical specification Submission of Package wise draft Tender Document Bid Evaluation and submission of recommendation report
Four Weeks
Eight Weeks
Ten Weeks
Signing of Final Contract Documents with Twelve Weeks the Selected Bidder for each package (3) The time schedule of the assignment for Stage II & Stage III shall be decided after the completion of the Stage I. However, it is estimated that the duration of the assignment for Stage II and subsequent Stage III shall be for a period of Two (2) years after the completion of Stage I.
D 25
Liquidated Damages (LD) against late completion Liquidated Damages @ of 0.5% of the contract price per week or part thereof of delay attributable to the Consultant in completion of contractual obligation shall be recovered from the contract price subject to a maximum deduction of 10 % of the contract price.
D 26 Terms of Payment Following are the proposed terms of payment to the Consultant for the Assignment: (1) (a) (b) (c) Consultancy Services for Stage I (Technical Consultancy) 10% of the contract value after submission & acceptance of basic Engineering & defining the number of packages 20 % of the contract value after submission & acceptance of Package wise draft technical specification for all the packages 20 % of the contract value after submission & acceptance of Package wise draft Tender Document for all the packages
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(d) (e) (f)
10 % of the Contract Value after issuance of NIT for all the packages 20% of the contract value after submission and acceptance of Package wise bid evaluation report for all the packages 20% of the contract value after after negotiation, finalization and signing of the final contract documents between BSPGCL and EPC Contractor(s) for all the packages Consultancy Services for Stage II (Owners Engineering) 25% of the contract value after completion of Review of Contractors Engineering Documents and acceptance of same by BSPGCL for all the packages 25% of the contract value after completion of Review of EPC Drawings, Documents and other submission and acceptance of same by BSPGCL for all the packages 25% of the contract value after completion of Review of Documents under Procurement and other submission and acceptance of same by BSPGCL for all the packages 25% of the contract value after completion of Review of Quality Assurance Plan and other submission and acceptance of same by BSPGCL for all the packages Consultancy Services for Stage-III (Project Management Work):
(2) (a)
(b)
(c)
(d)
(3) (a)
Payment for project management work shall be made on Quarterly basis per year for the contract period based on the amount of the work executed at site for all the packages by all the Contractors. The percentage rate for making such payment to the Consultant shall be obtained by dividing the lump sum amount quoted by the Bidder during the bidding stage to the estimated project cost of all the works taken together that shall be obtained at the end of Stage-I. Based on the percentage rate so calculated above, the actual payment to the consultant shall be made based on the approved billed invoices of all the contractors for all the works during the quarter to reflect the actual progress of the works at site. All payments shall be made on submission of Bills/invoice to BSPGCL by the Consultant in quadruplicate for respective milestones ON QUATERLY BASIS. The consultant shall endeavor to maintain the timelines of the project and shall see that the Project should not get delayed on his account.
(b)
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D 27
Taxes The Consultant shall be liable and responsible for payment of all Taxes and duties including Income Tax except Service Tax, which may be levied on the fees /payments received from the Owner under the terms of this contract and shall keep the Owner harmless against any claim/liabilities and outgoing in this behalf. The TDC for TDS shall be issued by the Owner as and when requested by the Consultant.
D 28
Performance Bank Guarantee (1) As a Contract Performance Security, the successful Bidder, to whom the work is awarded, shall be required to furnish a Performance Guarantee from a Scheduled Indian Bank in the form attached as Annexure - 5 in favour of BSPGCL. The guarantee amount shall be equal to Five percent (5%) of the total Contract Cost and it shall guarantee the faithful performance of the Contract in accordance with the terms and conditions specified in these documents and specifications. The said bank guarantee shall be valid for a period of Three (3) years which is to be extended based on the time schedule of the completion of all the works at site. The Contract Performance Guarantee is intended to secure the performance of the entire Contract. However, it is not to be construed as limiting the damages under clause entitled Liquidated Damages for delay in completion. The Performance Guarantee will be returned to the Contractor without any interest after the completion of all the works at site.
(2)
(3) D 29
Security Deposit An amount equivalent to 5% of the value of the verified running account bills shall be deducted towards the security deposit. The amount deducted against the security deposit from the running bills shall be released after issue of Successful Completion Certificate of the work by the Engineer-in-charge of the work.
D 30
Deployment of Personnel by the Consultant (1) The Consultant shall deploy a team of well-qualified and experienced engineering personnel and draftsmen working full time on this Project till the completion of all the works. The details of qualifications and experience of personnel proposed to be deployed for the Scope of Work shall be submitted to the Owner for his approval.
(2)
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(3)
In case the Owner requests for change in some team members due to inadequate experience, Consultant shall be obliged to honor such requests. If the Consultant fails to quickly deploy/replace a team member as instructed by the Owner, the Owner may make temporary arrangement. The temporary deployment/replacement shall be paid by the BSPGCL with commensurate reduction in the payment to the Consultant. The Consultant shall incur a penalty equal to 50% of the cost to the Owner of the temporary deployment/ replacement until such time that the Consultant provides an acceptable replacement/ team member The manpower deployed for this task shall be guaranteed by the Consultant discipline wise (Mechanical, Electrical, Control & Instrumentation, Civil) and category wise (for engineers and support staff) required for completion of services included under the scope of the Specification. The Consultant shall demonstrate to the satisfaction of the Owner the adequacy and qualification of the staff he intends to employ in regard to the category and number, to meet the Schedule. The Consultant shall depute a senior level executive to act as full time overall co-coordinator as a focal point for all interactions with Owner throughout the period of consultancy assignment. In case the Consultant intends to change any of the personnel due to reasons beyond the control of the Consultant, he shall seek prior written permission of the Owner
(4)
(5)
(6)
(7)
(8)
D 31
Fraud and Corrupt Practices (1) The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process. Notwithstanding anything to the contrary contained herein, BSPGCL may reject a Bid without being liable in any manner whatsoever to the Bidder if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. Without prejudice to the rights of BSPGCL under Clause (1) hereinabove, if a Bidder is found by BSPGCL to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, such Bidder shall not be eligible to participate in any bid or bidding document issued by BSPGCL during a period of 2 (two) years from the date such Bidder is found by BSPGCL to have directly or indirectly or through an agent,
(2)
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engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as the case may be. (3) For the purposes of this Clause D27, the following terms shall have the meaning hereinafter respectively assigned to them: (a) corrupt practice means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to, or employing, or engaging in any manner whatsoever, directly or indirectly, any official of BSPGCL who is or has been associated in any manner, directly or indirectly, with the Bidding Process or the LOA or has dealt with matters concerning the Consultancy Service Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of BSPGCL, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); (b) fraudulent practice means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process; (c) coercive practice means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any persons participation or action in the Bidding Process; (d) undesirable practice means (i) establishing contact with any person connected with or employed or engaged by BSPGCL with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and (e) restrictive practice means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process. D 32 Confidentiality Information relating to the examination, clarification, evaluation, and recommendation for the Bidders shall not be disclosed to any person not officially concerned with the process. BSPGCL will treat all information submitted as part of Proposal in confidence and would require all those who have access to such material to treat the same in confidence. BSPGCL will not
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divulge any such information unless it is ordered to do so by any authority that has the power under law to require its disclosure. D 33 Miscellaneous (1) The Bidding Process shall be governed by, and construed in accordance with, the laws of India and the Courts at Patna shall have exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding Process. BSPGCL, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to; a. suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding Process or modify the dates or other terms and conditions relating thereto; b. consult with any Bidder in order to receive clarification or further information; c. retain any information and/ or evidence submitted to BSPGCL by, on behalf of, and/ or in relation to any Bidder; and/ or d. Independently verify, disqualify, reject and/ or accept any and all submissions or other information and/ or evidence submitted by or on behalf of any Bidder. (3) It shall be deemed that by submitting the Bid, the Bidder agrees and releases BSPGCL, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any right and/ or performance of any obligations hereunder, pursuant hereto and/ or in connection herewith and waives any and all right and/ or claims it may have in this respect, whether actual or contingent, whether present or future.
(2)
D 34
Change in Law If, after the date seven (7) days prior to the date of Bid submission, any law, regulation, ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or changed that subsequently affects the costs and expenses of the Consultant and/or the time for completion, the Agreement Price shall be correspondingly increased or decreased, and/or the time for completion shall be reasonably adjusted to the extent that the Consultant has thereby been affected in the performance of any of its obligations under the Agreement.
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DRAFT FOR CONSULTANCY SERVICES AGREEMENT BETWEEN BIHAR STATE POWER GENERATION COMPANY LIMITED AND ______________________________________________ DATED
_______, 2013 _______________________________________________________________
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INDEX S. No. 1. 2. 3. 4. 5. 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Particulars DEFINITIONS AND INTERPRETATION SCOPE OF CONTRACT EFFECTIVE DATE CONSIDERATION OBLIGATIONS OF THE CONSULTANT OBLIGATIONS OF THE OWNER RIGHTS OF THE OWNER CONSULTANT DEFAULT FORCE MAJEURE LIABILITY OF THE CONSULTANT PATENT RIGHTS & ROYALTIES UNITS &INDIAN STANADARDS/CODES/REGULATIONS TAXES REPRESENTATIONS, WARRANTIES AND COVENANTS INDEMNITY SETTLEMENT OF DISPUTES TERMINATION OF CONTRACT CONFIDENTIALITY OWNERSHIP CO-ORDINATION PROCEDURE STATUTORY REQUIREMENT TIME SCHEDULE LANGUAGE NOTICE MISCELLANEOUS Page No.
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CONSULTANCY SERVICES AGREEMENT
This Consultancy Services Agreement (Agreement") is being executed on this _____ day of _______ 2013 between BIHAR STATE POWER GENERATION COMPANY LIMITED, a company registered under the Companies Act, 1956 and having its registered office at Vidyut Bhawan, Bailey Road, Patna, Bihar (hereinafter referred to as the Owner/BSPGCL, which expression shall unless excluded by or repugnant to the context thereof, include its successors and assigns), of the First part; AND _________________________________________________________________, a company, having its registered office at _____________________________________________________________________ ______________, (hereinafter referred to as Consultant which expression shall unless repugnant to its subject or context, mean and include its consortium partners, authorized personnel, successors, nominee and permitted assign), of the Second Part; and (Owner and Consultant are hereinafter collectively referred to as Parties and individually as Party) WHEREAS A. The Owner is, presently in the process of renovating & modernizing its existing 2X110 MW coal based thermal power units located at Barauni Village of District Begusarai in the State of Bihar, India. (Project) B. The Consultant is in the business of providing technical consultancy and solutions to set up, operate and market Thermal, Biomass, Hydro and Nuclear power projects. C. In furtherance thereof, the Owner on _________________ floated a Tender Notice No. /PR/BSPGCL/2013-14 whereby it invited reputed, experienced and resourceful consultants to bid for rendering technical consultancy services as well as project management services for the implementation of enabling works associated with the Project, in the capacity of a Consultant. D. By its letter-dated ____________, the Consultant submitted its bid for rendering technical consultancy services as well as project management services for the Project, as an independent engineer.
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E.
By the Letter of Intent No.__________dated ________, 2013 the Owner engaged the Consultant and the Consultant agreed to render technical consultancy services as well as project management services for the implementation of enabling works in relation to the Project. A copy of the letter dated ________, 2013 is being placed at Schedule 1 hereto. The Parties wish to record herein the understanding arrived regarding the engineering consultancy services to be rendered by the Consultant in relation to the Project.
F.
NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES HAVE AGREED AS UNDER:
1. 1.1
DEFINITIONS AND INTERPRETATION In this Agreement, in addition to the words and expressions above, unless there is something in the subject or context inconsistent therewith, the following expressions shall have the following meanings. (a) Agreement means this Consultancy Services Agreement together with any amendments or modifications hereto attached provided that such amendments and modifications have been executed in accordance with the procedures specified in this Agreement. (b) Approvals means Government of India or State Governments or any statutory body(s) permission, consents, validations, confirmations, licenses and other authorization required to be obtained in order to implement the provisions of this Agreement including all permissions/authorization from the Reserve Bank of India. (c) Applicable Law means the various statutes, delegated legislation (rules, regulations, bye-laws), notifications, binding orders of Indian Governmental Authorities, as and to the extent the same is applicable to the Parties and the substratum of this agreement. Business Day means any day (other than Saturday and Sunday) on which day commercial banks are open for business in the [State of Bihar], India. Confidential Information shall mean:
(d)
(e)
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(i)
Any information or material pertaining to the affairs of the Owner and (or) accounts of any of its affiliate companies, derived in the course of and incidental to rendering the Services being rendered under this Agreement; It includes but is not limited to information and materials developed, collected or used by the Consultant and information disclosed to the Consultant by the Owner; All the past, present or future details of the businesses of Owner and without limitation concern the financial data, organizational structure or personnel data of the Owner; and
(ii)
(iii)
(iv)
Any information or data of the Owner as may be contained in physical, visual, oral, electronic, written form or on paper records, computer printouts and disks or other forms of documentation or media and need not necessarily be reduced to a tangible form.
(f)
Compensation or Professional Fees shall mean the professional fee payable by the Owner to the Consultant, as set out in Clause 4 of this Agreement and in accordance with Schedule 3 in consideration of the due discharge of the Services to the satisfaction of the Owner. Engineer-in-Charge means General Manager cum Chief Engineer BTPS / or authorized representative as nominated by BSPGCL to act and supervise, as the case may be. Effective Date means the date stated in Clause 3 of this Agreement. Good Industry Practices mean the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person engaged in performance of Services to be rendered under this Agreement under same or similar conditions in a manner compliant with Applicable Laws, Approvals, and consistent with reliability, safety, environmental protection, economy, and expediency.
(g)
(h) (i)
(j)
Governmental Agency means the Government of India, the State Government(s) and any other governmental agency or authority of India having jurisdiction over the Parties in relation to this Agreement. Intellectual Property means any patent, copyright, registered design, trademark (whether or not registered) know-how, Confidential
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(k)
Information or other industrial or intellectual property right subsisting in any part of the world in respect of the Equipment or any subsisting application thereof or including a right to apply for such intellectual property protection/registration. (l) (m) (n) (o) Month means calendar month, unless the context otherwise requires in this Agreement. Paying officer means a person posted at Barauni TPS as Senior Manager (F&A) i,e erstwhile DDA. Person means and includes any company, association or persons, body of individuals, whether incorporated or not. Project means 2 X 110 MW Coal based Thermal Power Station that is undergoing renovation & modernization at Barauni Village of District, Begusarai in the State of Bihar, India. (p) Services means the scope of consultancy services to be rendered by the Consultant in relation to the implementation of enabling works of the Project at BTPS and as detailed in Schedule 4 to this Agreement. (q) Term means the total tenure of this Agreement, which is 30 (Thirty) months from the date of issuance of Letter of Intent (LOI) to consultant. 1.2 INTERPRETATION This Agreement will be interpreted, based on the following principles: (a) (b) All interpretation shall secure and implement the primary object of this Agreement set out in Clause 2. This Agreement reflects the complete understanding as on the date of its execution amongst the Parties for the Services to be rendered by the Consultant in relation to the Project. (c) Where any act, matter or thing is required by this Agreement to be performed or carried out on a certain day and that day is not a business day then that act, matter or thing shall be carried out or performed on the next following business day. (d) (e) Headings are for convenience only and shall not affect the interpretation of a Clause. Where a word or phrase is defined, other parts of speech and
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grammatical forms of that word or phrase shall have corresponding meanings. (f) (g) (h) Words importing the singular shall include plural and vice versa. Words denoting individual shall include corporations and vice versa. Words denoting any gender shall include all genders.
2. 2.1
SCOPE OF CONTRACT The purpose of this Agreement is efficacious and unhindered procurement of Services in respect to the Project, in accordance with the terms and conditions contained in this Agreement. The Consultant acknowledges and agrees that it has entered into this Agreement with full knowledge of the following material facts set out below: (a) Time is the essence for rendering the Services in accordance with the time-lines set out in Schedule 2 and in accordance with the terms and conditions set out in this Agreement, such that any delays in the provision of the Services shall result in serious/huge financial losses to the Owner. (b) The Services shall be rendered to the Owner in accordance with the Applicable Law, Good Industry Practices and the terms and conditions of this Agreement. The scope of Services shall include providing technical consultancy services to BSPGCL for fulfilling the following objectives of the assignment in accordance with the specifications as detailed out in Schedule-4 of this contract:
2.2
(c)
(i) Technical Consultancy Basic Engineering including preparation of definition of design criteria, preparation of complete tender documents for various packages identified, bid process management for the selection of various contractors, signing of contract agreements
(ii) Owners Engineer Review of Engineering Documents, Review of EPC Drawings, Documents and other Submissions made by EPC contractors, Review of Documents under Procurement, Review of
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Quality Assurance Plan and Shop Inspection of Major Equipments, and similar works relating to various items identified as enabling works associated with power project (iii)Project Management Project Management Consultant, Site Management Services, Plant/Package Takeover Services, Operation & Maintenance Documents Review, Quality Assurance & Testing Services 3. EFFECTIVE DATE
3.1 This Agreement shall come into effect upon signing of this Agreement. This Agreement shall become effective upon the execution thereof by the Parties hereto and unless terminated earlier by the Parties in accordance with the provisions of this Agreement as set out in Clause 16 hereto, shall expire when the Services have been completed by the Consultant as per the terms hereof and to the satisfaction of the Owner and all payments of Fee, in lieu thereof, have been made by the Owner. 4. 4.1 COMPENSATION In consideration of the Services to be rendered in accordance with this Agreement and to the satisfaction of the Owner, the Owner hereby agrees to pay the Consultant following professional fees as per terms of payment mentioned Schedule- 3, which is inclusive of all or any taxes payable under this Agreement exclusive of service tax, which shall be payable by the Owner as per the applicable rates:
(A)
Enabling Works associated with Power Plant
Sl. No. 1 2 3
Scope of Work Stage I - Technical Consultancy Stage II Owners Engineer Stage III - Project Management Total
Lump sum Cost in Lump Sum Cost in Figures Words
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(B) Enabling Works associated with Colony Renovation
Sl. No. 1
Scope of Work Stage I - Technical Consultancy Total
Lump Sum Cost in Lump Sum Cost in Figures Words
4.2
The Parties hereto agree that the Consideration payable by the Owner to the Consultant pursuant to Clause 4.1 hereof shall become payable in accordance with Schedule - 3. The Parties hereto agree that the payment of the Consideration as payable in accordance with Schedule - 3 is subject to: (a) The Owner may terminate this Agreement at its sole discretion without assigning any reasons thereof for reasons attributable to its further investment in the Project. In such a scenario: (i) The Consultant shall be compensated only for the Services rendered till the date of termination in accordance with Schedule-3 and The Parties shall discuss in good faith, the amount of such compensation.
4.3
(ii)
5. 5.1
OBLIGATIONS OF THE CONSULTANT The Consultant has to work in close association with the Owner, so as to ensure proper transparency and shall be responsible for the performance and the provision of the Services in accordance with Good Industry Practices, the Methodology & Approach Statement as submitted along with the bid and the modern engineering practices as set out below. Consultant shall ensure prudence check over the expenditure.
5.2
As specified below and without prejudice to the other obligations set forth herein, the Consultant shall discharge the following obligations: (a) It shall be obliged and be responsible for: (i) The operation, maintainability and reliability of engineering
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services and designs provided in relation to the enabling works associated with the Project. (ii) The collection of Project Specifications and any other relevant data as required for the purposes of rendering the Services from the Owner. (iii) Co-ordination with various agencies that are associated with the Project including but not limited to M/s BHEL & its subcontractors, M/s NTPC, M/s WAPCOS, M/s RITES, M/s BPIC, M/s Steag etc. (iv) 5.3 Preparation of all drawings, designs, studies etc as required for the purpose of implementation of the Project.
The Consultant acknowledges that all plans, design calculations, studies, data, maps, drawings and specifications prepared by the Consultant in connection with the Project is property of the Owner and the same shall be handed over to the Owner as and when requested by the Owner or upon termination of this Agreement or upon completion of provision of the Services.
5.4
The Consultant shall ensure and be responsible for ensuring that all Confidential Information and all matters pertaining to plans, designs, drawings, specifications, method and any other information developed or acquired during the course of provision of Services are not disclosed to any third party without the prior written approval of the Owner.
5.5 5.6
The Consultant shall not prepare article(s) or photograph(s) for publication or speeches about the Services without the prior written consent of Owner. Without prejudice to the generalization of the foregoing provisions, the Consultant agrees that it shall render the Services in accordance with the modern engineering practices, which shall include but not be limited to the following: (i) All engineers deployed for the provision of the Services have sufficient expertise and experience in field of setting up, operating and maintaining power plants. (ii) The Services to be rendered conform to various Indian and/or International Standards.
5.7
Progress Report:
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The monthly progress along with reasons of delays (if any) on the project with necessary suggestions, which would be reviewed through the various meetings as specified in the Schedule - 5 5.8 The Consultant shall submit details of qualifications and experience of personnel proposed to be deployed for the provision of the Services to the Owner for his approval. In case the Owner requests for change in some team members due to inadequate experience or for any other reason, the Consultant shall be obliged to honor such requests. 5.9 The Consultant shall depute (in-house) a senior level executive to act as full time overall co-coordinator as a focal point for all interactions with Owner throughout the provision of the Services under this Agreement. Employee Entitlements: (i) (ii) The Consultant shall be the employer of all the personnel engaged directly or indirectly in rendering the Services under this Agreement. This Agreement does not and shall not be construed to create any employer-employee or principalagent relationship between the Owner and any employees, representatives and personnel engaged by the Consultant in the performance of Services. (iii) The Consultant shall be responsible for payment of all or any expenses including, without limitation, all amounts payable towards pension, annuity, or employment compensation, or any other payment to be made under the Applicable Law and/or otherwise to the professionals, technicians or workmen employed and/or contracted in relation to the provision of Services under this Agreement. (iv) The Consultant hereby declares and irrevocably undertakes that it shall defend, hold harmless and indemnify the Owner against all or any labour claims (if these labours are engaged by consultant) or other lawsuits or proceedings (for breaches arising out of consultant key personnel posted at site), including those arising out of any accident that occur during or in relation to the Services as may be filed against the Owner for any reason whatsoever and irrespective of the time should have lapsed, assuming full responsibility for the payment of indemnification, penalties, attorneys fees, legal costs and other charges, if any. (v) The Consultant shall comply with in a timely manner all the
5.10
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obligations under the Applicable Law including the laws relating to workmen, technicians, contract-labour, contractors and other personnel involved in the provision of the Services (vi) During the validity of this Agreement, the Consultant shall be solely responsible for: (a) All the acts and omissions by the workmen, technicians, contract-labour, contractors and other personnel engaged in the performance of the Services by the Consultant as set forth in this Agreement. (b) Health, safety and security of the workmen, technicians, contract-labour, contractors and other personnel engaged in the performance of the Services by the Consultant as set forth in this Agreement. 5.11 The Consultant, inter alia, agrees that the Services shall be rendered in strict compliance with the provisions of the Indian Boiler Act, Factories Act, State & Central Pollution Control Act, Chief Controller of Explosives, Electricity Act, 2003 and other provisions of the Applicable Laws. 5.12 The Consultant will set up an office within a month from issuance of LOI at the BTPS site and shall maintain at least the minimum software packages including project management software package like PRIMAVERA, AutoCAD package Release 9.0 & above, the compatible hardware including latest configuration computers and Laptop (at least two nos. having soft ware like-MS OFFICE , Adobe acrobat reader, Java etc), Digital Camera for taking photo graph (of approx 100x 125 mm) when and where indicated by the Owner, Handy cam & printer ( having compatibility to print on A4 and A3 size paper, plotters , heavy duty photo copier, projector and screen and scanner facilities and the communication including internet & fax at the site office. The furniture to be used by the consultant in its office are also to be arranged by Consultant. The consultant shall submit all the documents and drawings (A0/A1 Size), compiled and cataloged on quarterly basis both in hard copies ( 3Nos) and soft copy in CD ( 3 Nos) to Engineer in Charge EIC at BTPS and two sets to Chief Engineer (Generation) , BSPGCL HQ, Patna for record keeping and reference for future. 5.13 Notwithstanding anything in above para, decision of EIC about the infrastructure (including man and material) with Consultant for efficiently
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monitoring and reporting the activity shall be final and binding upon the Consultant to abide by it. 5.14 All the Equipment and Materials purchased by the Consultants and used and maintained in the site office of Consultant with funds provided by the Owner shall be the property of the Owner and shall be marked accordingly. Upon termination or expiration of this Agreement, the Consultants shall make available to the Owner an inventory of such equipments and material and shall dispose of such equipments and materials in accordance with the Owners instruction. 5.15 However, different other specialized agency have been appointed for the different specialized work , even though Consultant is expected to do the minor detailed engineering to an extent in the interest of the work as directed by EIC , if in case of bottle neck is observed during the execution of the project. 6. 6.1 OBLIGATIONS OF THE OWNER The Owner shall provide adequate building infrastructure for establishing the office at the project site. However, all the requisite accessories like communications, computer, fax, printer, almirahs, furniture & fixtures, other stationeries etc. have to be arranged by the Consultant on its own. 6.2 The Owner shall provide accommodation along with Electricity connection, if available, to the residential site engineers of the Consultant on chargeable basis. 6.3 All the other facilities like medical, transportation, schooling, insurance etc. for the Consultants personnel shall be taken care by the Consultant on its own. However, any support, if available shall be extended by the Owner. 6.4 All the available drawings, documents, contract agreements etc. between the Owner and the various executing agencies shall be handed over to the Consultant for review and further needful action. However, the Consultant shall handle these documents with upmost confidentiality and take appropriate steps to ensure that this information is not shared. 6.5 The Owner will assist Consultant, the sub-consultants and the Personnel in grant of work permits and such other documents as shall be necessary to enable the Consultants, sub-Consultants and Personnel to perform the
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Services. 6.6 Assist the Consultants, sub-consultants and the Personnel employed by them for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law;
7. 7.1
RIGHTS OF THE OWNER The Owner reserves the right to review the Services rendered by the Consultant, ask for any clarifications and changes/modifications to the Services, as per Scope of Services indicated at Schedule - 4, performed by the Consultant. Such changes shall be mutually discussed and agreed between the Owner and the Consultant and the same shall be incorporated by the Consultant while rendering the Services without any cost liability to the Owner and without any dilution of the responsibility of the Consultant.
7.2
The Owner shall signify his approval or disapproval of the deliverables provided by the Consultant. The approval of the Owner of the deliverables provided by the Consultant shall be ultimate acceptance of the Owner.
8. 8.1
CONSULTANT'S DEFAULT The Parties hereto agree that: (a) If the Owner is of the opinion that the Consultant is not rendering the Services in accordance with the Good Industry Practices, due diligence or expedition or refuses or neglects to comply with any reasonable orders given to him in writing, the Owner may give a notice in writing to the Consultant to make good the failure, neglect or contravention. (b) If the Consultant fails to make good the failure, neglect or contravention within 20 (twenty) days from the date of serving such a notice, the Owner may without prejudice to any other rights under this Agreement, direct the Consultant not to render such Services and get such Services done by other agencies at the risk and cost of the Consultant. (c) The Owner, in such event, shall be entitled to retain and apply any balance, which may otherwise be due to the Consultant for the
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payment of cost of executing the said part of the Services taken out of its scope of Services. If the cost of executing the said part of the Services or of completing the Services exceeds the balance due to the Consultant, the Consultant shall pay such excess.
9. 9.1
FORCE MAJEURE FORCE MAJEURE EVENT: The Parties hereto agree that a Force Majeure Event shall mean any unforeseeable act or event that prevents the affected Party from performing its obligations under this Agreement or complying with any conditions required by the other Party under this Agreement and such act or event is beyond the reasonable control and not because of any fault of the affected Party and such Party has been unable to avoid such an act or event by the exercise of prudent foresight and due diligence. Without prejudice to the foregoing, the Parties hereto agree that the occurrence of any of the events shall also be deemed to be a Force Majeure Event: (a.) War and other hostilities (whether war to be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo that directly impacts the provision of services by the Consultant under this Agreement. (b) Rebellion, revolution, insurrection, military or usurped power and civil war that directly impacts the provision of services by the Consultant under this Agreement. (c) (d) Riot, civil commotion, terrorism or disorder that directly impacts the provision of services by the Consultant under this Agreement. Pestilence, epidemics, inclement weather causing floods or lightning or cyclone, typhoon or earthquake and which directly impacts the provision of services by the Consultant under this Agreement.
9.2
The Parties hereto agree that the following events are explicitly excluded from and do not constitute a Force Majeure Event and are solely the responsibility of the affected Party: (a) (b) Strikes, collective bargaining agreements of either Party resulting in delay in the provision of Services or stoppage of work; or Labour disputes of any kind; or
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(c) (d)
Economic hardship; or Any act, event, or occurrence listed above or asserted as a Force Majeure Event that results materially from the negligence or intentional acts of the affected Party.
9.3
EXCUSED PERFORMANCE Subject to the provisions of Clause 9.1, if either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, that Party will be excused from whatever performance is affected by the Force Majeure Event; provided that: (a) The affected Party gives the other Party written notice of the occurrence of the Force Majeure Event as soon as practicable after the occurrence thereof; and also gives the other Party written notice describing in reasonable detail the particulars of such occurrence, including the expected duration and probable impact on the performance of such Party's obligations hereunder, and thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event. (b) The suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event. (c) No liability of either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance shall be excused as a result of the occurrence, including the liability for timely payment of money otherwise due and earned by performance of tasks required under this Agreement by any Party. (d) (e) The affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party. The affected Party shall not be relieved from obligations under this Agreement to the extent that the negligence or willful misconduct of the affected Party contributes to or aggravates the Force Majeure Event.
9.4
BURDEN OF PROOF In the event that the Parties are unable to agree that a Force Majeure Event has occurred, the Parties shall submit such dispute for resolution in
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accordance with Clause 16, provided that the burden of proof as to whether a Force Majeure Event has occurred or not shall be upon the Party claiming a Force Majeure Event. 9.5 The Parties hereto agree that even during the subsistence of the Force Majeure Event the affected Party shall use its best efforts to continue to perform its obligations under the Agreement and take measures to correct or cure the event or condition excusing the performance of its obligations. 9.6 When the affected Party is able to resume performance of its obligations under the Agreement, that affected Party shall give the other Party written notice to that effect and shall promptly resume performance hereunder. 9.7 CONSEQUENCES OF FORCE MAJEURE Neither Party shall be considered to be in default or breach of its obligations under this Agreement to the extent that the performance of such obligations is prevented due to a Force Majeure Event. 10. 10.1 PENALTY AND LIABILITY OF THE CONSULTANT Liquidated Damages @ of 0.5% of the contract price per week or part thereof of delay attributable to the Consultant in completion of contractual obligation shall be recovered from the contract price subject to a maximum deduction of 10 % of the contract price. 10.2 Further, the following would be good and enough reason for the Engineer-incharge (EIC) of the work (s) to impose a penalty @ % of the contract value to a maximum of five (5) %, if permanent and measurable damage is established on account of the following act on the part of Consultant: A) Absence of consultants official for two days from the BTPS site abruptly and in an unauthorized manner. B) Observation of negligence, carelessness, lack of thoroughness and delay on the part of Consultant. The amount declared as penalty by EIC shall be deducted from the running bills submitted by Consultant and the same would be set right at the risk and cost of the Consultant. This action will be without prejudice to any other action that EIC might take in this regard as may deem fit and justified. Decision of EIC would be final and binding upon the consultant in this regard. All taxes and duties shall not be taken into account for imposing penalty
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10.3
Notwithstanding anything contained in this Agreement, the Consultant agrees that it shall be liable for any defect/inadequacy/errors etc. in relation to the performance of the Services or if the Services rendered are not in accordance to the Good Industry Practices or the provisions of this Agreement. The Consultants liability to the Owner for all claims, losses, damages and expenses in any way arising from or related to the performance of this Agreement shall not be greater than 5% of the Contract Amount. The cap on liability shall, however, not be applicable in case of gross negligence or willful misconduct by the Consultant.
10.4
11. 11.1
PATENT RIGHTS & ROYALTIES The Consultant shall hold harmless and indemnify the Owner from and against any loss, damage and expenses arising from any claim or infringement of a patent, copyright, design and other such rights in existence or to be granted on an application published prior to the completion of this Agreement with respect to or arising out of the use or supply of design or any work in accordance with the designs, drawings or specifications furnished, approved or recommended by the Consultant
11.2
The Consultant shall promptly notify the Owner in writing if the Consultant has acquired knowledge of any patent under which a claim or suit for infringement could reasonably be brought because of the use by Owner of any information, recommendation or specifications, or services rendered by the Consultant. The Consultant, in such case, shall forthwith at their own cost make and furnish to the Owner alternative designs, drawings, specifications, or recommendations to avoid the same and without putting the Owner to additional cost, charges or expenses.
11.3
12. 12.1
UNITS & INDIAN STANDARDS/CODES/REGULATIONS The metric system of units will be used for this Project. The Indian Standards, Codes and Regulations, wherever applicable shall be adopted and adhered to the Consultant. In case of such Indian Standards/Codes/Regulations being not available in particular areas, applicable and accepted International Standards shall be followed by the
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Consultant.
13. 13.1
TAXES The Consultant shall be liable and responsible for payment of all Income Tax and all other taxes (except Service Tax), which may be levied on the Compensation or any other professional fees received from the Owner under the terms of this Agreement and shall keep the Owner harmless against any claim/liabilities and outgoing in this behalf. The professional fees to be payable by the Owner to the Consultant as per Clause 4 of this Agreement is exclusive of Service Tax, Surcharge and Educational Cess that will be payable by the Owner to the Consultant at actual against the production of documentary evidence. The Parties hereto agree that if any new or revised rates of taxes become applicable on Services, the Owner shall be liable to bear and pay the same. If any rates of tax are increased, or decreased, or a new tax is introduced, or an existing tax is abolished, or any change in interpretation or application of any Indian taxes and duties occurs during the contractual period which was or will be assessed on the contractor in connection with performance of the contract, the variation in taxes and duties at actual against documentary evidence shall be reimbursed/adjusted/recovered by the owner as the case may be.
13.2
13.3 13.4
14. 14.1
REPRESENTATIONS, WARRANTIES AND COVENANTS The Consultant hereby represents and warrants the following: (i) It has taken all necessary corporate action to authorize the execution and consummation of the Agreement and will furnish satisfactory evidence of the same upon request by the Owner; (ii) (iii) (iv) It has the power to enter into and the ability to perform its obligations under the Agreement to the satisfaction of the Owner; It has all necessary consents, licenses and approvals in connection with the entry into and performance of its obligations under the Agreement. Its entry into the Agreement and performance of its respective obligations under the same shall not violate or conflict with, or exceed any limit imposed by (i) any law or regulation to which it may be
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subject; or (ii) its respective constitutional documents; or (iii) any other agreement, instrument or undertaking binding upon it.
15. 15.1
INDEMNITY The Parties hereto agree that the Consultant shall indemnify and defend the Owner and its representatives and employees, and hold the Owner, its representatives, employees harmless from: (i) Damages and losses caused by its negligent or intentional act or omission or any damages and losses caused by the negligent act of any third party or sub-contractor or agency engaged by Consultant; Damages and losses resulting from the non-compliance with the obligations established hereunder; (iii) Any environmental damages caused by it and/or its representatives or employees or employees of any third party or sub-contractor or agency engaged by Consultant; (iv) Breach (either directly by it or through its representatives and/or employees) of any representation and warranty declared herein by it; (v) From any and all claims, actions, suits, proceedings, taxes, duties, levies, costs, expenses, damages and liabilities, including attorneys fees, arising out of, connected with, or resulting from or arising in relation to this Agreement due to neglect, omission or intentional act of Consultant
(ii)
16. 16.1
SETTLEMENT OF DISPUTES MUTUAL DISCUSSIONS In the event of a dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this Agreement or the breach, termination or validity hereof, the Parties shall endeavor to resolve such dispute in good faith in the first instance within 30 (thirty) days of the notice of such a dispute by mutual discussions between the Parties.
16.2
ARBITRATION If the dispute relating to any provisions of this Agreement or interpretation of any issue cannot be resolved within 30 (thirty) days by the mutual
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discussions, such dispute shall be referred to a sole arbitrator acceptable to both the Parties and such dispute shall be decided in accordance with the provisions of Arbitration & Conciliation Act 1996 as in force. In case the Parties fail to reach consensus on appointment of sole Arbitrator than each Party shall appoint one arbitrator within 7 days of notice of appointment by the other Party and the two arbitrators so nominated shall appoint the third arbitrator who will act as the presiding arbitrator. 16.3 In case a Party fails to appoint an arbitrator within 10 (ten) days from the receipt of the request to do so by the other Party or the 2 (two) arbitrators so appointed fail to agree on the appointment of third arbitrator within 30 (thirty) days from the date of their appointment upon request of a Party, the presiding arbitrator shall be appointed in accordance with the provisions of Arbitration and Reconciliation Act, 1996. 16.4 16.5 16.6 The arbitral tribunal shall give a reasoned award and the same shall be final, conclusive and binding on the Parties. The venue of the arbitration shall be Patna, Bihar and the language of the arbitration proceedings shall be English. The fees of the arbitrators shall be shared by the Parties in case sole arbitrator is appointed. If three arbitrators are to be appointed, the Party nominating the arbitrator shall bear the fee of such arbitrator, whereas the fees of the presiding arbitrator, costs and other expenses incidental to the arbitration proceedings shall be borne equally by the Parties. 16.7 16.8 The Agreement shall be governed by and construed in accordance with the laws of India. The Consultant agrees that it shall not seek injunction from any court with respect to any claims, dispute or differences against the Owner arising under this Agreement. 16.9 Notwithstanding the commencement of any arbitration proceeding, the Consultant agrees to discharge its obligations arising under this Agreement.
17. 17.1
TERMINATION OF CONTRACT The Owner may by giving not less than thirty (30) days written notice of termination to the Consultant, terminate this Agreement upon the occurrence of any of the events specified in paragraphs (a) to (e) below: -
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(a) If the Consultant fails to remedy a failure in the performance of his obligations hereunder, as specified in a notice of suspension given to consultant within thirty (30) days of receipt of such notice of suspension or within such further period as the Owner may have subsequently approved in writing or (b) If the Consultant becomes insolvent or bankrupt or enter into any agreement with his creditors for relief of debt or take advantage of any law for the benefit of debtors or go in to liquidation or receivership whether compulsory or voluntary; or (c) If the Consultant submits to the Owner a statement which has an effect on the rights, obligations or interests of the Owner and/or which the Consultant knows to be false; or (d) If as the result of a Force Majeure Event, the Consultant is unable to perform the Services for a period of not less than sixty (60) days, or (e) If the Owner, in its own discretion and for any reason whatsoever, decides to terminate this Agreement. 17.2 Notwithstanding to what is stated above, in the event of termination of the Services of the Consultant, for any reason due to failure of the Consultant to perform the Services and / or breach of any of the provisions of the Agreement, the Owner is entitled to recover the expenses incurred for appointing the new consultant and the incremental costs if any incurred for availing the Services from the new consultant.
18. 18.1
CONFIDENTIALITY During the Agreement Term and during One year following the expiration or early termination of this Agreement, the Consultant undertakes to keep secrecy and confidentiality of this Agreement and the Confidential Information. Any Confidential Information exchanged between the Parties shall be treated with utmost confidentiality and prevent the disclosure of the Confidential Information. The Parties agree not to disclose any Confidential Information unless (i) when required by Law, (ii) the Confidential Information was already known by the non-disclosing Party before the execution of this Agreement;
18.2
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(iii) the Confidential Information was publicly disclosed, and (iv) when authorized in writing by the Party that owns the Confidential Information. 18.3 The non-disclosing Party shall be fully liable for ensuring that the authorized party complies with terms of Clause 18.1. The release of Confidential Information shall be restricted to those named in the authorization. The authorized party shall be considered as employee of the non-disclosing Party and must not make any use of the Confidential Information for any other purpose other than the purposes established herein. 18.4 At any time during this Agreement or upon termination hereof, the Party that owns the Confidential Information may request that the receiving Party return or destroy the information disclosed (including any printed and electronic copies thereof that the receiving Party might keep). Confidential Information disclosed by a party shall be used by the receiving Party solely for the purpose of complying with this Agreement, and not for any other purpose. Neither Party shall make a public announcement on this Agreement or on the transaction contemplated herein without obtaining prior consent, in writing, of the other Party. OWNERSHIP The copyrights of all documents provided by the Consultant and the documents provided by the Owner to the Consultant for reviewing in the performance of this Agreement shall at all stages be the property of the Owner and while in the custody of the Consultant, shall be fully available to the Owner and its duly authorised representatives. On completion of the provision of the Services, all drawings, documents etc. in relation to the Project shall be delivered/handed over by the Consultant to the Owner. 20. 20.1 CO-ORDINATION PROCEDURE The Owner and Consultant shall mutually agree upon a co-ordination procedure to be observed by both Parties for the execution of the Services covered by this Agreement. This co-ordination procedure will, inter alia, cover the procedure for correspondence between Consultant on the one hand and the Owner and the Owners vendors (both foreign and Indian) and contractors on the other hand. Any change in the co-ordination procedure will be made only with agreement of Consultant and the Owner.
18.5
18.6
19. 19.1
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21. 21.1
STATUTORY REQUIREMENTS Consultant has to follow all the applicable statutory regulations of India during the execution of this assignment and the Owner shall not be liable for any compensation to the Consultant as a consequence of failure to comply with any of applicable laws.
22. 22.1
TIME SCHEDULE Subject to Clause 20.1 and Schedule -2, the Consultant and the Owner shall jointly work out a Project time schedule and each Party shall adhere to the time schedule fixed therein for its respective scope of work and responsibilities. Notwithstanding anything contained in this Agreement, the Consultant agrees, confirms and warrants that it shall discharge its obligations under this Agreement in strict compliance with time-lines and time schedules as set out in Schedule -2.
22.2
23. 23.1
LANGUAGE The English language will be used in all written communications between the Owner and the Consultant with respect to the services to be performed hereunder and with respect to all documents procured or prepared by the Consultant in connection with this Project.
24. 24.1
NOTICE All notices or other communication under or in connection with the Agreement be given in writing by registered AD or Speed Post or by telex or by facsimile at the following address (unless otherwise communicated): If to the Owner, at: Chief Engineer (Generation) Bihar State Power Generation Company Limited Vidyut Bhawan, Bailey Road, Patna , Bihar Phone : 0612-250470 Fax No.: 0612-2504780 If to the Consultant, at:
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Attention: ____________________________________ ___________________________________ Telephone No.: _________________ Fax No.: ______________________ Either Party may change individuals designated to receive Notices or addresses and in such an event, notice shall be given to the other Party by means of written Notice of any such change 24.2 Any such notice shall be deemed to be given as follows: (a) (b) If in writing when delivered; If by telex, when dispatched, but only if at the time of transmission the correct answer-back appears at the start, and at the end of the sender's copy of the notice; and If by facsimile, when confirmed by an activity report, confirming the facsimile number to which such notice was sent, the number of pages transmitted, and that such transmission was successfully completed.
(c)
However, a notice given in accordance with the above, but received on a nonworking day, or after business hours in the place of receipt, will only be deemed to be given on the next working day in that place.
25. 25.1
MISCELLANEOUS The Parties have agreed that the representations of the Consultant and the documents submitted by the Consultant to Owner, and the negotiations held are the basis of this Agreement. This Agreement supersedes the bid submitted by the Consultant and all the written, verbal, and/or implied understanding(s) and other agreement(s)/arrangement(s), reached, understood, or executed by the Parties, at any time, before the Effective Date.
25.2
This Agreement shall not be construed insofar as creating an association, partnership, joint venture or corporation between the Parties, or as imposing any obligation or liability of a corporate nature to either Party. Neither Party has the right, power or authority to sign any agreement, bind, or in any manner act on behalf of or as a representative or agent of the other Parties, unless expressly established otherwise herein.
25.3
The Agreement, its Schedules and any other documents referred to herein (in each case, to the extent not inconsistent with this Agreement) constitute the entire and only agreement between the Parties relating to the subject matter
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hereof and supercedes and extinguish any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, relating thereto. 25.4 The Parties hereto agree that the decision of the Owner shall be final and binding upon the Parties: (a) In the event of any conflict between the Tender Notice No._________ dated----------, regarding the interpretation of this Agreement, and In case of any conflict between this Agreement and the Schedules hereto.
(b) 25.5
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability shall not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
25.6
Any amendment of or modification to this Agreement shall be effective only if mutually agreed in writing and executed by a duly authorized representative of each Party.
25.7
Any tolerance by any Party with respect to the anticipation or delay in the performance of the obligations assumed by the Parties will not constitute innovation, amendment or a waiver of any term set forth in this Agreement.
25.8 Governing Law & Jurisdiction This Agreement shall be construed and interpreted in accordance with and governed by the laws of India and the courts at Patna shall have exclusive jurisdiction over matters arising out of or relating to this Agreement.
IN WITNESS WHEREOF, the Parties cause this Agreement to be signed by their duly authorized representatives, before the undersigned witnesses. [OWNER] _____________ [Authorized Signatory] Name: Designation: [CONSULTANT] ________________ [Authorized Signatory] Name: Designation:
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(Company Seal) Witness: [ ]
(Company Seal) Witness: [ ]
Schedule 1 : Letter of Intent Schedule 2 : Time Schedule for Consultancy Services Schedule 3 : Fees & Terms of Payment Schedule 4 : Scope of Consultancy Services Schedule 5 : Reporting Schedule
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SCHEDULE 1 LETTER OF INTENT
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SCHEDULE 2 TIME SCHEDULE FOR CONSULTANCY SERVISES (1) (2) The basic consideration and the essence of the Consultancy contract shall be the strict adherence to the time schedule by the Consultant. The duration of the assignment for Stage I will be for a period of Three (3) months i.e. Twelve (12) weeks from the date of award of contract and shall be carried out as per the following: Description of Task Time from the date of issuance of LOI Two Weeks
Basic Engineering & defining the number of packages Submission of Package wise draft technical specification Submission of Package wise draft Tender Document Bid Evaluation and submission of recommendation report Signing of Final Contract Documents with the Selected Bidder for each package (3)
Four Weeks
Eight Weeks
Ten Weeks
Twelve Weeks
The time schedule of the assignment for Stage II & Stage III shall be decided after the completion of the Stage I. However, it is estimated that the duration of the assignment for Stage II and subsequent Stage III shall be for a period of Two (2) years after the completion of Stage I.
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SCHEDULE 3 TERMS OF PAYMENT Following are the proposed terms of payment to the Consultant for the Assignment: (1) Consultancy Services for Stage I (Technical Consultancy) (a) 10% of the contract value after submission & acceptance of basic Engineering & defining the number of packages (b) 20 % of the contract value after submission & acceptance of Package wise draft technical specification for all the packages (c) 20 % of the contract value after submission & acceptance of Package wise draft Tender Document for all the packages (d) 10 % of the Contract Value after issuance of NIT for all the packages (e) 20% of the contract value after submission and acceptance of Package wise bid evaluation report for all the packages (f) 20% of the contract value after after negotiation, finalization and signing of the final contract documents between BSPGCL and EPC Contractor(s) for all the packages (2) (a) Consultancy Services for Stage II (Owners Engineering) 25% of the contract value after completion of Review of Contractors Engineering Documents and acceptance of same by BSPGCL for all the packages 25% of the contract value after completion of Review of EPC Drawings, Documents and other submission and acceptance of same by BSPGCL for all the packages 25% of the contract value after completion of Review of Documents under Procurement and other submission and acceptance of same by BSPGCL for all the packages 25% of the contract value after completion of Review of Quality Assurance Plan and other submission and acceptance of same by BSPGCL for all the packages Consultancy Services for Stage-III (Project Management Work): (a) Payment for project management work shall be made on Quarterly basis per year for the contract period based on the amount of the
(b)
(c)
(d)
(3)
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work executed at site for all the packages by all the Contractors. The percentage rate for making such payment to the Consultant shall be obtained by dividing the lump sum amount quoted by the Bidder during the bidding stage to the estimated project cost of all the works taken together that shall be obtained at the end of Stage-I. Based on the percentage rate so calculated above, the actual payment to the consultant shall be made based on the approved billed invoices of all the contractors for all the works during the quarter to reflect the actual progress of the works at site. All payments shall be made on submission of Bills/invoice to BSPGCL by the Consultant in quadruplicate for respective milestones ON QUATERLY BASIS. The consultant shall endeavor to maintain the timelines of the project and shall see that the Project should not get delayed on his account.
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SCHEDULE 4 SCOPE OF SERVICES As mentioned under Section B of the Tender Document and its applicable amendments.
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SCHEDULE 5 REPORTING SCHEDULE As mentioned under Section C of the Tender Document and its applicable amendments.
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ANNEXURE 1 Draft Cover Letter for submission of Technical Bid (The covering letter should be on the Letter Head of the Bidding Company/ Lead Member of the Bidding Consortium) Bidder's Name: Full Address: Telephone No.: E-mail address: Fax / No.: To Chief Engineer (Generation) Bihar State Power Generation Company Limited Vidyut Bhawan, Bailey Road, Patna 800 021 (Bihar) Sub:- Response to Tender for providing Technical Consultancy & Project Management Consultancy Services for Barauni TPS at Barauni, Beguasarai District in Bihar Ref:- Tender Notice No.________ dated _________ Dear Sir, We, the undersigned . [insert name of the Bidder] having read, examined and understood in detail the above mentioned Tender Document including Qualification Requirements in particular and Draft Contract Agreement for Technical Consultancy Services & Project Management Services for Enabling works associated with Barauni Thermal Power Project in District Begusarai, Bihar, hereby submit our technical bid. We confirm that neither we nor any of our Parent Company/Affiliate/Group Company has submitted Bid other than this Bid, directly or indirectly, in response to the aforesaid Tender. 1. We give our unconditional acceptance to the Tender dated ______[Insert date in dd/mm/yyyy] and Draft Consultancy Agreement attached thereto, issued by BSPGCL. In token of our acceptance to the Tender & PPA, the same have been initialed by us and enclosed with our Bid. 2. Earnest Money Deposit (EMD):- We have enclosed EMD of Rs... (Insert Amount), in the form of bank guarantee no.[Insert bank guarantee number] dated . [Insert date of bank guarantee] as per Format provided in Annexure 4 from [Insert name of bank providing bank guarantee] and valid up to.in terms of Clause D2 of this Tender.
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3. We have submitted our Bid strictly as per Annexures of this Tender, without any deviations, conditions and without mentioning any assumptions or notes in the said Formats. 4. We hereby unconditionally and irrevocably agree and accept that the decision made by BSPGCL in respect of any matter regarding or arising out of the Tender shall be binding on us. We hereby expressly waive any and all claims in respect of this process. 5. We are enclosing herewith our Bid with formats duly signed as desired by you in the Tender Document for your consideration. 6. It is confirmed that our Bid is consistent with all the requirements of submission as stated in the Tender Document and subsequent communications from the BSPGCL. 7. The information submitted in our Bid is correct to the best of our knowledge and understanding. We would be solely responsible for any errors or omissions in our Bid. 8. We confirm that all the terms and conditions of our Bid are valid upto ________ [Insert date in dd/mm/yyyy] for acceptance (i.e. a period of one hundred and eighty (180) days from the last date of submission of Bid) 9. Contact Person
Details of the contact person are furnished as under: Name : . Designation : . Company : . Address : . Phone Nos. : . Fax Nos. : . E-mail address : . 10. We have neither made any statement nor provided any information in this Bid, which to the best of our knowledge is materially inaccurate or misleading. Further, all the confirmations, declarations and representations made in our Bid are true and accurate. In case this is found to be incorrect after our selection as Successful Bidder, we agree that the same would be treated as a Bidders event of default under this Contract, and consequent provisions of Tender Document shall apply. Dated the _________ day of _________, 20 Thanking you, Yours faithfully, (Name, Designation and Signature of Person Authorized by the board
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ANNEXURE 2 Format for Power of Attorney to be provided by the Bidding Company/Lead Member in favor of its representative Power Of Attorney (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution) KNOW ALL MEN BY THESE PRESENTS, We ..[Name of the bidding company] having its registered office at ...., do hereby constitute, appoint and authorize Mr. / Ms(name and residential address) as our true and lawful attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to submission of our Bid for the Project in response to the Tender Notice No._______ dated .. issued by Bihar State Power Generation Company Limited (BSPGCL), including signing and submission of the Bid and all documents specified in the Tender Document, including, undertakings, letters, certificates, acceptances, clarifications, guarantees, etc, making representations to the BSPGCL, and providing information / responses to the Authorized Representative of the BSPGCL, representing us in all matters before the Authorized Representative of BSPGCL, and generally dealing with the BSPGCL/Authorized Representative in all matters in connection with our Bid for the said Project. We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us. All the terms used herein but not defined shall have the meaning ascribed to such terms under the Tender Document. Signed by the within named [Insert the name of the executants] through the hand of Mr ._____________________ duly authorized signatory Dated this ___ day of 2013 Accepted Signature of Attorney (Name, designation and address of the Attorney)
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Attested (Signature of Executant) (Name, designation and Address of the Executant) Signature and stamp of Notary of the place of execution Note: The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executants(s) and the same should be under common seal of the executants affixed in accordance with the applicable procedure. Further, the person whose signatures are to be provided on the Power of Attorney shall be duly authorized by the executants(s) in this regard.
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ANNEXURE 3 Format for Power of Attorney to be provided by each of the other members of the Consortium in favor of the Lead Member Power Of Attorney (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution) KNOW ALL MEN BY THESE PRESENTS THAT M/s..[Name of the Consortium member company] having its registered office at ...., ..,..and M/s ..[Name of the Consortium member company] having its registered office at .. , (Insert names and registered offices of all Members of the Consortium) the Members of Consortium have formed a Bidding Consortium (hereinafter called the Consortium) vide Consortium Agreement dated....(copy enclosed) and having agreed to appoint M/s..[Name & Address of the Lead Member Company] as the Lead Member of the said Consortium do hereby constitute, nominate and appoint M/s...a company incorporated under the laws of .and having its Registered /Head Office at ...as our duly constituted lawful Attorney (hereinafter called as Lead Member) to exercise all or any of the powers for and on behalf of the Consortium in regard to submission of the Bid against Tender Notice No.____ dated ______ . We also authorize the said Lead Member to undertake the following acts: i) To submit on behalf of Consortium Members Bid in response to Tender Document. To do any other act or submit any information and document related to the above Bid, if required. It is expressly understood that in the event of the Consortium being selected as Successful Bidder, this Power of Attorney shall remain valid, binding and irrevocable until the Bidding Consortium completes the entire scope of work. We as the Member of the Consortium agree and undertake to ratify and confirm all whatsoever the said Attorney/Lead Member has done on behalf of the Consortium Members pursuant to this Power of Attorney and the same shall bind us and deemed to have been done by us. IN WITNESS WHEREOF M/s ..., [Name of the Consortium member company], as the Member of the Consortium have executed these presents on this.. day of ........under the Common Seal of our company.
ii)
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For and on behalf of Consortium Member M/s. -------------------------------(Signature of person authorized by the board) (Name Designation Place: Date:) Accepted --------------------------------(Signature, Name, Designation and Address of the person authorized by the board of the Lead Member) Attested --------------------(Signature of the executants) -----------------------------(Signature & stamp of Notary of the place of execution) Place:---------------Date:------------------
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ANNEXURE 4 Format for Bid Security / Earnest Money Deposit (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution) Ref. : .. Date : . Bank Guarantee No.. 1. In accordance with the Tender Notice No.___________________ dated_________ of Bihar State Power Generation Company Limited (hereinafter referred to as the BSPGCL) for providing Technical Consultancy Services & Project Management Services for Enabling works associated with Barauni Thermal Power Project in District Begusarai, Bihar, M/s________________(Company Name) having its registered address .(hereinafter referred to as Consultant) wishes to participate in the said tender and as a Bank Guarantee for the sum of Rs Ten Lakhs valid for a period of 180 days from the date of opening of techno-commercial bid as required to be submitted by the tenderer, we the (Name of the Bank)(hereinafter referred to as The Bank) do hereby unequivocally and unconditionally guarantee and undertake to pay during the above said period, on written request by BSPGCL, an amount not exceeding Rs. Ten Lakhs only to BSPGCL without any reservation. The guarantee would remain valid up to 5.00 P.M. of .... (date) and if any further extension to this is required, the same will be extended on receiving instructions from the Consultant on whose behalf this guarantee has been issued. 2. We, the .. (Indicate the name of the Bank) do hereby further undertake to pay the amounts due and payable under this guarantee without any demur, merely on demand from BSPGCL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSPGCL by reason of any breach by the said Consultant of any of the terms of conditions and failure to perform said Tender. Any such demand made on the Bank shall be conclusive as regards to the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. 3. We, the .. (Indicate the name of the Bank) undertake to pay to BSPGCL any money so demanded notwithstanding any dispute or disputes raised by the Consultant in any suit
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or proceeding instituted/ pending before any court of tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this guarantee shall be a valid discharge of our liability for payment there under and the Consultant shall have no claim against us for making such payment. 4. We, the .. (Indicate the name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the aforesaid period of .. days and it shall continue to be so enforceable till all the dues of the BSPGCL under or by virtue of the said tender have been fully paid and its claims satisfied or discharges or till BSPGCL certifies that the terms and conditions of the said Tender have been fully and properly carried out by the said Consultant and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the .. we shall be discharged from all liability under this guarantee thereafter. 5. We, the .. (Indicate the name of the Bank) further agree with BSPGCL that the BSPGCL shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Tender or to extend time of performance by the said Consultant from time to time or to postpone for any times or from time to time only of the powers exercisable by the BSPGCL against the Consultant and to forebear or enforce any of the terms and conditions relating to the said Tender and we shall not be relieved from our liability by reason of any such variation, postponement or extension being granted to the said Consultant or for any forbearance act or omission on the part of the BSPGCL or any indulgence by the BSPGCL to the said contractor(s) or by any such matter or thing whatso-ever 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 name, style and constitution of the Bank or the Consultant. 7. We, the .. (Indicate the name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the BSPGCL in writing. Dated, the Witness: 1. 2. For (Indicate name of Bank) day of
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ANNEXURE 5 Format for Contract Performance Guarantee (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution) Ref. : .. Date : . Bank Guarantee No.. 1. M/s ________________________________ (hereinafter called the Consultant) having entered into a Contract No.________ dated ______with the Bihar State Power Generation Company Limited (hereinafter called the Owner/BSPGCL) for providing technical consultancy services as well as the Project Management Consultancy services for Barauni Thermal Power station at Barauni, Begusarai district in the State of Bihar for order value of Rs _________________ 2. And whereas under the terms of the said Contract, the Consultant is to furnish the Owner with a Bank Guarantee in the amount of 5 % (five percent) of the total of the contract price as Contract Performance Guarantee for the due performance of the contract and fulfillment of the terms thereof, we _______________ (Name of the Bank) (hereinafter referred to as the Bank) do hereby undertake to pay to BSPGCL an amount not exceeding Rs ________________ against any loss or damage caused to or suffered or would be caused to or suffered by the BSPGCL by reason of any breach by the said Consultant of any of the terms or conditions contained in the said contract. 3. We, _________________________ (Name of the Bank) do hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from the BSPGCL stating that the amount claimed is due by way of loss or damage cause to or would be caused to or suffered by BSPGCL by reason of any breach by the same Consultant of any of the terms or conditions contained in the said Contract or by reason of the Consultant's failure to perform the said conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs _____________ 4. We ____________________________ (Name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Contract and that it shall continue to be enforceable till all the dues of the BSPGCL under or by virtue of the said Contract have been fully paid and its claims satisfied or discharged or till BSPGCL certifies that the terms and conditions of the said Contract have been fully and properly carried out by the said Consultant and accordingly discharge the guarantee unless a demand or claim under this guarantee is made on us in writing on or before expiry of the period of six months from the time up to which the guarantee continue to be enforceable we shall be discharged from all liability under this guarantee thereafter.
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5. We _________________________________ (Name of the Bank) further agree with BSPGCL that the company 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 time of performance by the said Consultant from time to time or to postpone for any time or from time to time any of the powers exercisable by the company against the said Consultant 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 reasons of any such variation, or extension being granted to the said Consultant or for any forbearance, act or omission on the part of the Company or any indulgence by the company to the said Consultant or by any such matter of thing whatsoever which under the law relating to sureties would but for this provision have effect of no relieving us. 6. We ___________________________ (Name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of BSPGCL in writing. In witness whereof we __________________________ Bank Limited have executed this on this the ______________ day of ______________ 200__ Witness: ____________________ (Signatures) For and on behalf of
ANNEXURE 6
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Format for Consortium Agreement (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution) THIS Consortium Agreement (Agreement) executed on this_______________ day of ___________ Two thousand _________between M/s [insert name of Lead Member]_______________________________________________ a Company incorporated under the laws of _____________________ and having its Registered Office at ___________________ (hereinafter called the Member-1, which expression shall include its successors, executors and permitted assigns) and M/s ____________________________________ a Company incorporated under the laws of ____________________________________ and having its Registered Office at ____________________________________ (hereinafter called the Member-2, which expression shall include its successors, executors and permitted assigns), for the purpose of submitting bid, and execution of Contract Agreement(in case of award), against Tender Notice No._____ dated _______issued by Bihar State Power Generation Company Limited (BSPGCL), a company registered under the Companies Act, 1956 and having its registered office at Vidyut Bhawan, Bailey Road, Patna, Bihar (hereinafter referred to as the Owner/BSPGCL, which expression shall include its successors, executors and permitted assigns) WHEREAS, each Member individually shall be referred to as the Member and all of the Members shall be collectively referred to as the Members in this Agreement. WHEREAS the BSPGCL desires to appoint a Technical Consultant for providing consultancy services as well as project management services for implementation of enabling works associated with the Barauni Thermal Power Plant located at Barauni, District Begusarai, Bihar; WHEREAS, the BSPGCL had invited bids vide its Tender Notice No._____ dated _________ WHEREAS the Tender Document stipulates that in case the bid is being submitted by a Bidding Consortium, the Members of the Consortium will have to submit a legally enforceable Consortium Agreement in a format specified by BSPGCL. NOW THEREFORE, THIS AGREEMENT WITNESSTH AS UNDER: In consideration of the above premises and agreements both the Members in this Bidding Consortium do hereby mutually agree as follows: 1. We, the Members of the Consortium and Members to the Agreement do hereby unequivocally agree that Member-1 (M/s_______________), shall act as the Lead Member as defined in the Tender Document for self and agent for and on behalf of Member-2.
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2. The Lead Member is hereby authorized by the Members of the Consortium and Members to the Agreement to bind the Consortium and receive instructions for and on their behalf. 3. It is expressly understood and agreed between the Members to this Agreement that the responsibilities and obligations of each of the Members shall be as delineated in Appendix-I (*To be incorporated suitably by the Members) to this Agreement. It is further agreed by the Members that the above sharing of responsibilities and obligations shall not in any way be a limitation of joint and several responsibilities of the Members under this Contract. 4. The Lead Member shall be liable and responsible for ensuring the individual and collective commitment of each of the Members of the Consortium in discharging all of their respective obligations. Each Member further undertakes to be individually liable for the performance of its part of the obligations without in any way limiting the scope of collective liability envisaged in this Agreement. 5. This Agreement shall be construed and interpreted in accordance with the Laws of India and courts at Patna alone shall have the exclusive jurisdiction in all matters relating thereto and arising there-under. 6. It is hereby further agreed that in case of being selected as the Successful Bidder, the Members do hereby agree that they shall furnish the Performance Guarantee in favour of BSPGCL in terms of the Tender Document. 7. It is further expressly agreed that the Agreement shall be irrevocable and shall form an integral part of the Contract Agreement and shall remain valid until the expiration or early termination of the Agreement in terms thereof, unless expressly agreed to the contrary by BSPGCL. 8. The Lead Member is authorized and shall be fully responsible for the accuracy and veracity of the representations and information submitted by the Members respectively from time to time in the response to the Tender. 9. It is hereby expressly understood between the Members that no Member at any given point of time, may assign or delegate its rights, duties or obligations under the Contract Agreement except with prior written consent of BSPGCL. 10. This Agreement (a) has been duly executed and delivered on behalf of each Member hereto and constitutes the legal, valid, binding and enforceable obligation of each such Member; (b) sets forth the entire understanding of the Members hereto with respect to the subject matter hereof; and (c) may not be amended or modified except in writing signed by each of the Members and with prior written consent of BSPGCL.
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11. All the terms used in capitals in this Agreement but not defined herein shall have the meaning as per the Tender Document. IN WITNESS WHEREOF, the Members have, through their authorized representatives, executed these present on the Day, Month and Year first mentioned above. For M/s-----------------------------[Member 1] ----------------------------------------(signature, Name & Designation of the person authorized vide Board Resolution Dated []) Witnesses: 1) Signature_______________ Signature____________________ Name: Address: For M/s-----------------------------[Member 2] ----------------------------------------(signature, Name & Designation of the person authorized vide Board Resolution Dated []) Witnesses: 1) Signature_______________ Signature____________________ Name: Address: 2) Name: Address: 2) Name: Address:
__________________________________________ Signature and stamp of Notary of the place of execution
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ANNEXURE 7 General Financial & Commercial Particulars of Bidder (To be submitted by both the Members in case of a Consortium) 1 2 A B C 3 Full Length name of the Bidder Registered Office Address : :
Telephone / Mobile No E- mail Fax No Nature of the Bidder (Private Limited / Public Limited/Public Sector) 4 Do you anticipate any change in the Ownership during proposed period of work? If yes, define scope and effect: thereof. 5 Financial Details A Enclosed copies each of: Audited Balance Sheets and Profit & Loss Accounts for past 3 years B Share capital at the time of formation Authorised Paid-up C Indicate projected turnover for the current year & next year D Name & address of Bankers 6 Give adequately detailed write-up on Design and Engineering organization and facilities / capabilities
: : : : :
Authorized Signatory ___________________ Name ______________________ Designation__________________ Date________________________ Seal of Company
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ANNEXURE 8 Relevant Experience of the Bidder . 1. 2. Brief Description of the firm: Outline of recent experience on assignments of similar nature: Sr. Name of project No. with Location 1 2 Capacity of Unit 3 Scope of consultancy 4 Order Details & Amount 5 Date of commissioning 6 Documentary Evidence 8
Seal of the Bidder
Signature Name Designation Date
---------------------------------------------------------------------
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ANNEXURE 9 Format for Financial Requirement Year 2012-13 2011-12 2010-11 Average Fill the below format in case of using the credentials of Parent Company Name of Company Name of Parent/ Ultimate Parent/ whose Financial is to be considered Relationship with Bidding Company* Financial Year to be considered Turnover (in Rs. Crore) of the Parent Company Attached Attached Annual Turnover in Rs. Balance sheet Profit & loss status Auditor report
2012-13 2011-12 2010-11
Average Authorized Signatory ___________________ Name ______________________ Designation__________________ Date________________________ Seal of Company
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ANNEXURE 10
Suggested Format of Curriculum Vitae for Members of Consultants Team 1. 2. 3. 4. 5. 6. Name: Profession: Present Designation: Years with Firm: ___________ Areas of Specification Proposed Position on Team:
Nationality ______________
Key Qualification: (Under this heading, give outline of staff member's experience and training most pertinent to assigned work on proposed team. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use up to half- a - page) Education: (Under this heading, summarize college / university and other specialized education of staff member, giving names of Institutes / colleges etc. dates attended and degrees obtained. Use up to a quarter page) Experience: (Under this heading, list all positions held by staff member since graduation, giving dates, names of employing organization, title positions held and location of assignments. For experience in last ten years also give types of activities performed and client reference, where appropriate. Use up to three quarters of a page) Languages : (Indicate proficiency in speaking, reading and writing of each language by 'excellent good or poor)
7.
8.
9.
Signature of Staff Member: Authorized Signatory ___________________ Name ______________________ Designation__________________ Date________________________ Seal of Company
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ANNEXURE 11 Schedule of deviations Deviation Sheet for Technical & Commercial Specifications If the proposal has any deviation from the Technical and or Commercial Specifications, the Bidder shall tabulate these deviations clause by clause in this schedule. Add more sheets, if required Sr. No. 1 Clause No. 2 Deviation 3
We hereby confirm that the above are the only deviations from the Tender Documents in respect of technical and commercial specifications and apart from these deviations; all other technical specification conditions are acceptable to us and are taken care of in the contract price Authorized Signatory ___________________ Name ______________________ Designation__________________ Date________________________ Seal of Company
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ANNEXURE 12
Schedule of Price Implication Price Implications for withdrawal of Technical Deviations Against each and every deviation from the technical and commercial specifications as enumerated in Deviation Sheet (Annexure 11), the amount by which the Bid Price will thereby be increased or decreased shall be intimated clause by clause in this Schedule. In case the amount is not mentioned in the Schedule against any of the deviations mentioned in Deviation sheet, it will be taken for granted that the same does not involve any change in the Bid Price. Add more sheets, if required
S. No.
Clause No.
Deviation, if any
Amount by which the Bid Price will change In INR Increase Decrease
Authorized Signatory ___________________ Name ______________________ Designation__________________ Date________________________ Seal of Company
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ANNEXURE 13 Draft Cover Letter for submission of Financial Bid (The covering letter should be on the Letter Head of the Bidding Company/ Lead Member of the Bidding Consortium) Bidder's Name: Full Address: Telephone No.: E-mail address: Fax / No.: To Chief Engineer (Generation) Bihar State Power Generation Company Limited Vidyut Bhawan, Bailey Road, Patna 800 021 (Bihar) Sub:- Response to Tender for providing Technical Consultancy & Project Management Consultancy Services for Barauni TPS at Barauni, Beguasarai District in Bihar Ref:- Tender Notice No.________ dated _________ Dear Sir, In response to your above mentioned Tender Notice No. dated ______, we hereby offer to provide Technical Consultancy & Project Management Consultancy Services for Barauni TPS at Barauni, Beguasarai District in Bihar as per below mentioned rates: (A) Enabling Works associated with Power Plant Lump Sum Cost Lump Sum Cost in Figures in Words
Sl. No. Scope of Work 1 2 3 Stage I- Technical Consultancy Stage II Owners Engineer Stage III - Project Management Total
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(B)
Enabling Works associated with Colony Renovation
Sl. No. Scope of Work 1 Stage I - Technical Consultancy Total Thanking You Yours faithfully Name, designation and seal of company
Lump Sum Cost Lump Sum Cost in Figures in Words
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ANNEXURE 14 Format for Clarification on Tender Document
Sl. No.
Clause No. & Clarification Required existing Provision
Suggested text Rationale for the for the Clarification or Amendment amendment
This format shall be used for submission of request for clarification / amendments on the Tender Document.
Signature of Authorized Signatory of the Bidder: Date: (Please also affix Bidders Stamp.)
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Bihar State Power Generation Company Limited

Vidyut Bhawan, Bailey Road, Patna.

Bihar State Power Generation Company Limited

Tender Docum ent Fee

27.08.20 13 at 11:00 Hrs

02.09.2013 upto 13:00 Hrs

02.09. 2013 at 15:00 Hrs

Request of sale/ Request of Tender/ eForm document Online submission of Tender

Date of opening of Technical & Commercial Part

Bihar State Power Generation Company Limited

BIHAR STATE POWER GENERATION COMPANY LIMITED

BIHAR STATE POWER GENERATION COMPANY LIMITED (BSPGCL)

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

SCOPE OF THE CONSULTANT

DRAFT CONSULTANCY SERVICES AGREEMENT ANNEXURES

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Operation & maintenance costs

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

SECTION C: REPORTING C.1

Progress and Event Reporting

12 TCM 1 Meeting / Month

Patna Owners Project Manager

Owner EPC Contractor and its subvendors PMC

Review of Monthly Progress

Bihar State Power Generation Company Limited

Package meeting with Site Contractor

1 Meeting per week Site

Site in charge of Owner

Owner EPC Contractor and its sub- vendors as required PMC

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

(7) D3 (1) (2)

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

(f) (g) (h)

Bihar State Power Generation Company Limited

(l) (m) (n) (2)

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

(2) (3) (4)

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

(d) (e) (f)

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

Bihar State Power Generation Company Limited

_, 2013 _________________________________________________________

Authorized Signatory _ Name Designation Date__________ Seal of Company

Authorized Signatory _ Name Designation Date__________ Seal of Company