Notes on technical evaluation for the bid ... - Cescoorissa.com

-NOTE :The firms who have already submitted their bids may submitrevised bids on the changed criterias wherever applicable.A. Turnkey Tenders Specifications:SlNoTenderClauseRef. No1 Clause-1of the IFB2 Clause-2of the IFBalong withCl-14 ( i )of GCC.ParticularsN.B.: *1. Cost of Tender shall be fullyexempted for the local SSI Units located inthe State of Odisha having valid registrationin D.I.C / NSIC on the date of submission ofthe tender. It is also applicable forConsortium of SSI Units.**2. Local SSI Units located in the State ofOdisha having valid registration in D.I.C /NSIC on the date of submission of the tendershall be allowed to deposit 25 % of the E.M.Damount as prescribed above. It is alsoapplicable for Consortium of SSI Units.Bidders to be considered as eligible (to bid)should meet the following qualifications;2. (b) Bidder should have installed andcommissioned at least 100% of the quantumof works as specified with the same voltagelevel or higher level under the package(s) forwhich the bidder is submitting his bid duringthe last three financial years preceding to theyear of tender notification and should havesuccessful operation of minimum period ofone year. Bidder must enclose copies of therelevant Work Orders along with ClientCertified copies of Final Invoices and/orPerformance Certificates duly signed by thecompetent authority of the client and/or FinalInspection Certificate issued by ElectricalInspector in proof of having executed thedesired quantum of works during the lastthree financial years.Amendments /ClarificationsExemption to SSI Units towardsTender Cost & EMD shall not beapplicable to Turnkey contractsand hence to be deleted. All relatedclauses on the said issue shall bechanged accordingly.The Bidder should have installedand commissioned the quantum ofworks as specified below withrespect to qualifying criteria ( workExperience).a) The bidder(s) must haveexecuted the following quantumof works with respect to scopeof work provided in therespective package(s) ;i) For construction/up-gradationof any no. of 33/11KV Sub-Station(s), the bidder(s)should have executed/upgradedat least one no. of33/11 KV Sub-Station.Note: This is applicable onlywhere the scope involves forconstruction / Up-gradation of33/11 KV Sub-Station.ii) For construction / Upgradation / renovation of 33KVand 11KV OH Lines takentogether, the bidder(s) should

have executed / up-graded /renovated 50% of the 11KVand higher Voltage lines.Note: Where the scope ofworks for said line workstogether exceeds 150 Kms inone package, the maximumqualifying works experienceshall be limited to 75Kms.iii) For construction / Upgradation / renovation of11/0.4 KV S/S, the bidder(s)should have executed / upgraded/ renovated 50% ofthe 11/0.4 KV S/S and highervoltage S/S.iv) For construction / Upgradation of LT Line: Thebidder(s) should haveexecuted/up-graded 50% ofthe LT Lines and higherVoltage Lines.b) If the bidder(s) participated inmultiple packages, thequalifying requirement for workexperience shall be considered/ evaluated independently /separately for each package.However, the qualifyingrequirement for Turn Over shallbe added together to qualify theturnover requirement for eachpackage(s).c) All Other conditions of theClauses shall remainunchanged.d) No bidder shall be awardedwork order for more than threepackages.2. (e) Two or more like minded contractor(s) and/ormanufacturer(s) of electrical items, which areunder scope of supply of the contractor asper this tender specification, may form a jointventure/ consortium agreement amongstthemselves and apply against this tenderspecification, provided they qualify thecriteria. The sample format of joint venture /consortium agreement is enclosed at Section– IV of this tender specification as Annexure -VI.However, if the bidder is quoting against oneor more package(s) in his individual capacity,he cannot be a part of joint venture /i) Joint Venture/ConsortiumPartner shall be limiting to04(Four) Members.ii) One of the Member shall be aElectrical Contractor havingiii.)Valid HT Licence.Work Order shall be issued infavour of the Lead PartnerOnly.iv.) Modified Format of JointVenture & Power ofAttorney are enclosed asAnnexure- VI & Vrespectively.

consortium agreement to participate in otherpackage(s) as notified against this tenderspecification & vice versa.2. (f) If the bidder is a joint venture / consortium,they shall comply the qualifying criteria asfollows:i) Both the partner shall have the stipulatedprevious works experience for similarquantity of completed works as stated in thequalifying criteria.ii) If the work experience of one partner is notmeeting the entire qualifying criteria, the itemwise field experience of the other partner(s)specified in the scope of work shall be addedfor qualifying the bid in total. However itemwise fractional work experience shall not besummed up for consideration for any singleitem of the scope.2. (g) One of the partners shall be nominated asLead Partner and the lead partner shall beauthorized to incur liabilities and receiveinstructions for and on behalf of all partnersof the joint venture / consortium and entireexecution of the contract including receiptof payments shall be done exclusivelythrough the lead partner. This authorizationshall be evidenced by submitting by a Powerof Attorney signed by legally authorizedsignatories of all partners.2. (i) In addition to above the bidder should submitthe following documents in part-I bid asqualifying terms.i. Valid electrical (HT) license for electricalworks.ii. EPF registrationiii. ESI registrationiv. Service Tax registrationv. VAT Clearance Certificatevi. PAN & TIN No.vii. Existing Labour licensev.)However, if the bidder isquoting against one or morepackage(s) in his individualcapacity, he cannot be a partof joint venture / consortiumagreement to participate inother package(s) floated byCESU.If the work experience of onepartner is not meeting the entirequalifying criteria, the workexperience of the other partner(s)specified in the scope of work shallbe added for qualifying the bid intotal.Lead Partner shall have minimum50% of Turn Over & 50% of Workexperience and other partner(s)together shall have balance 50%Turn Over & Work experience.a) In addition to the above thebidder(s) / Lead partner of thebidder(s) should submit thefollowing documents in part-Ibid as qualifying terms.i. Valid electrical (HT)licence for ElectricalWorks.ii. PAN & TIN No.iii. EPF registration.3 Clause-9.01 ofGCC & Cl-3 of IFBalong withAnnex-XVIIThe Tender must be accompanied byEarnest Money Deposit in shape of BankGuarantee issued by a Public Sector Bankonly and en-cashable at Bhubaneswar or inshape of account payee Bank Draft drawn onany scheduled bank issued in favour of, payable at Bhubaneswar. EMDshall be 1% of the estimated cost of thepackage(s) for which the bidder hasb) The bidder(s) / Lead partner ofthe Bidder(s) shall have tofurnish service tax registration,ESI and Labour license within45 days of receipt of the order.a) The bidder(s) are allowed tosubmit Tender Cost asDemand Draft/Money Receiptsof the CESU & EMD asDD/BG from the ScheduledBanks en-cashable atBhubaneswar only.b) The validity of EMD BG shall

4. Clause-30.03along withCl-29.01of GCC &Cl-13 ofAnnex-I5. Clause-30.02 ofGCC6. Clause-2.01 alongwith 36.01of GeneralConditionsof contractsubmitted the bid. Bids without EarnestMoney deposit will be rejected outright. TheBank Guarantee for EMD shall be strictly asper the format (Annexure-XVII) prescribed bythe . In case of deficiency such asownership of the security bond (other thanthe issuing bank), deviation from theapproved format, absence of signature ofwitness etc. found in the EMD BankGuarantee, the same shall be liable forrejection upfront. The bidder will not be givenany chance to rectify the same.Note : In case of joint venture/consortium allBG.s shall be in the name of joint ventureconsortium covering all the partners includingthe Lead Partner .80% of the contract price ……. For utilizationof materials follows with………..involved insuch item of work.The scope shall include supply andinspection of all materials & equipments tocomplete the works excepts the followingmaterials/equipments which shall be suppliedby the .a) Power & Distribution (including Station)Transformers.b) AAA Conductors (80 mm2 to ,232mm2).c) AB Cables only.d) Vacuum Circuit Breakers (VCB).e) XLPE / Control Cable.f) Current Transformers & PotentialTransformers and C.R. Panels.g) PSC / Joist Pole (Optional)be minimum for 30 days overand above the validity of thetender (180 days) i.e. 210days from the date of openingof the tender.c) In case of joint venture /consortium EMD in shape ofB.G. shall be in the name ofLead Partner.d) All other points relating toTender cost & EMD willremain unchanged.Note: In case of joint venture /consortium Performance BankGuarantee shall be in the name ofLead Partner @10% and additional1% by each JV partner(s).In Clause-30.02 “UNLESS” wordwill be added;“80% of the contract price ……. Forutilization of materials UNLESSfollows with……….. Involved insuch item of work”.a.) In clause 2.01 of the GeneralConditions of contract themodification shall be made as ,e) XLPE / Control Cable( Optional).h) LT Distribution Box.b.) All other points remain unchanged.For Price schedule of Package No-4 ( Item – upgradation of 33/11 KV Primary Sub-Station under NED, Nimapara in case of Civil works following changes are made.Sl.no of Item in Unit As retain in BOQ To be read asBOQ27 Per MT 20506.6 8.328 No 7.704 9

Format for Joint Venture/Consortium AgreementANNEXURE – VI(On non-judicial stamp paper of appropriate value to be purchased in the name of executantscompanies or as required by the jurisdiction in which executed)THIS Consortium Agreement executed on this ................ day of ...........................TwoThousand ………………. By:M/s. ......................................................... a Company/Partnership Firm/ Sole ProprietorshipOrganisation incorporated under the Act/Laws of ........................………………………........and having its Registered/Head office at ............................... (hereinafter called the “LeadMember/First Member” which expression shall include its successors); andM/s. …......................................................... a Company/Partnership Firm/ Sole ProprietorshipOrganisation incorporated under the Act/Laws of………....................................................………………………..... and having itsRegistered/Head office at ............................... (hereinafter called the “Second Member” whichexpression shall include its successors) and M/s. .........................................................Company/Partnership Firm/ Sole Proprietorship Organisation incorporated under theAct/Laws of ..................……………………….................................................. and having itsRegistered/Head office at ............................... (hereinafter called the “Third Member” whichexpression shall include its successors) and M/s. .........................................................Company/Partnership Firm/ Sole Proprietorship Organisation incorporated under theAct/Laws of …………………........ ................................................... and having its Registered/Head office at ...............................(hereinafter called the “Fourth Member” which expressionshall include its successors)The Lead Member/First Member, the Second Member, the Third Member and the FourthMember shall collectively hereinafter be called as the “Joint Venture/Consortium Members”for the purpose of submitting a bid proposal to Electricity Distribution Utility( Hereinafterreferred to as CESU) ,being a Body Corporate having its Head office at………………………………………, India (hereinafter called the “Owner”) in response to theinvitation of bids (hereinafter called as ”Tender Specification No……….” Document)Dated…………..for Supply, erection, Testing & Commissioning as per the Scope of Work………………………..(hereinafter called as “the Transaction”).WHEREAS Clause-2 of the Invitation for Bids ( IFB), stipulates that Two or more bidder(s) may form ajoint venture/Consortium among themselves and apply against this tender specification, provided theyfulfill the following eligible criteria;a. They should have legally valid Consortium agreement as per the prescribedformat for the purpose of participation in the bidding process. The total no of aConsortium shall be limited to four members.b. One of the Joint Venture/Consortium member should be a Electrical Contractorhaving valid HT Licence.c. Consortium as a whole shall meet the qualifying norms specified in the tender,they participate.d. The lead member of the Consortium should meet at least 50% of the qualifyingnorms in respect to the work experience & Turn Over requirement.e. Besides the lead member, other member(s) of the Consortium together shall meetthe balance 50% of the qualifying norms in respect to the work experience &Turn Over requirement.f. All the Consortium member(s) shall authorize the lead partner by submitting apower of Attorney as per the prescribed format duly signed by the authorizedsignatories. The lead partner shall be authorized to receive instructions for and

on behalf of all partners of the Consortium and entire execution of the contract.g. The Consortium and its members shall be jointly and severally responsible andbe held liable for the purpose of guaranteed obligation and any other matter asrequired under the contract.h. Any member of the Consortium member(s) shall not be eligible either in anindividual capacity or part of any other Consortium to participate in the tender,where the said Consortium participates.i. Work Order(s) will be placed to lead members of the Consortium.j. In addition to the above the Lead partner of the bidder(s) should submit thefollowing documents in part-I bid as qualifying terms.iv. Valid electrical (HT) licence for Electrical Works.v. PAN & TIN No.vi. EPF registration.11. The Lead partner of the Bidder(s) shall have to furnish service tax registration, ESI andLabour license within 45 days of receipt of the order.12. The prescribed formats for Power of Attorney (Annexure-V) is provided in thetender specification as enclosures.AND WHEREAS the members of the Joint Venture/Consortium together shall strictly comply theeligible criteria of the Clause-2 of the Invitation for Bids ( IFB).AND WHEREAS bid has been proposed to be submitted to the CESU by Lead Member based on thisJoint Venture/Consortium agreement between all the members, signed by all the members.NOW THIS INDENTURE WITNESSETH AS UNDER:In consideration of the above premises, in the event of the selection of Joint Venture/Consortium assuccessful bidder, all the Parties to this Joint Venture/Consortium Agreement do hereby agree abidethemselves as follows:1. M/s. ...................................... shall act as Lead Member for and on behalf of JointVenture/Consortium Consortium Members. The said Joint Venture/Consortium ConsortiumMembers further declare and confirm that they shall jointly and severally be bound and shall befully responsible to the CESU for Supply, erection, Testing & Commissioning as per theScope of Work, and successful performance of the works, obligations under the same by theLead Member are as follows:2. Despite any breach by the Lead Member or other Member(s) of the Joint Venture/Consortiumagreement, the Member(s) do hereby agree and undertake to ensure full and effectual andsuccessful performance of the Contract with the CESU and to carry out all the obligations andresponsibilities under the said Contract in accordance with the requirements of the Contract.3. If the CESU suffers any loss or damage on account of any breach of the Contract or anyshortfall in the performance in meeting the performance guaranteed as per the specification interms of the Contract, the Member(s) of these presents undertake to promptly make good suchloss or damages caused to the CESU, on its demand without any demur. It shall not benecessary or obligatory for the CESU to proceed against Lead Member to these presentsbefore proceeding against or dealing with the other Member(s). The obligation of each of themember is absolute and not independent of the Joint Venture/Consortium or any member.4. The financial liability of the members of this Joint Venture/Consortium agreement to theCESU, with respect to any of the claims arising out of the performance or non- performance ofthe obligations set forth in the said Joint Venture/Consortium agreement, read in conjunctionwith the relevant conditions of the Contract shall, however, not be limited in any way so as torestrict or limit the liabilities of any of the members of the Joint Venture/Consortiumagreement. The liability of each member is absolute and not severable.5. It is expressly understood and agreed between the Members to this Joint Venture/Consortiumagreement that the responsibilities inter se amongst the Members shall not in any way be alimitation of joint and several responsibilities and liabilities of the Members to the CESU. It isclearly understood that the Lead member shall ensure performance under the agreements and

if one or more Joint Venture/Consortium Member(s) fail to perform its /their respectiveobligations under the agreement(s), the same shall be deemed to be a default by all the JointVenture/Consortium Members. It will be open for the CESU to take any steps, punitive andcorrective action including the termination of contract in case of such default also.6. This Joint Venture/Consortium agreement shall be construed and interpreted in accordancewith the laws of India and shall be subjected to exclusive jurisdiction within Bhubaneswar in allmatters arising there under.7. In case of an award of a Contract, all the Members to the Joint Venture/Consortiumagreement do hereby agree that Lead Partner shall furnish Performance Bank Guarantee forvalue of 10% of the Contract Price and additional 1% by the other JointVenture/Consortium Partner in the form of an unconditional irrecoverable Bank guarantee inthe prescribed format and as per terms of the contract.8. It is further agreed that the Joint Venture/CONSORTIUM agreement shall be irrevocable andshall form an integral part of the Contract, and shall continue to be enforceable till the CESUdischarges the same. It shall be effective from the date first mentioned above for all purposesand intents.9. Capitalized terms used but not defined herein shall have the meaning as assigned to them inthe Tender Documents and/or the agreements.10. In case of any dispute amongst the members of the Joint Venture/Consortium, CESU shallnot be in any way liable and also the Consortium members shall not be absolved from thecontractual obligation in any manner.IN WITNESS WHEREOF the Members to the Joint Venture/CONSORTIUM agreement have throughtheir authorized representatives executed these presents and affixed Common Seals of theircompanies, on the day, month and year first mentioned above.1. Common Seal of For Lead/First Memberhas been affixed in my/our presencePursuant to the Board of Director's(Signature of authorized resolutiondated …………………….representative)Name... …………….…………….Signature.. ………….……………. Designation …………….…………….Name …………….…………….…………… Common Seal of the companyDesignation…………….…………….…. …………….…………….…………….2. Common Seal of For Second Memberhas been affixed in my/our presencepursuant to the Board of Director's(Signature of authorizedresolution datedrepresentative)Name... …………….…………….Signature.. ………….……………. Designation …………….…………….Name …………….…………….…………… Common Seal of the companyDesignation…………….…………….… …………….…………….………….3. Common Seal of For Third Memberhas been affixed in my/our presencepursuant to the Board of Director's(Signature of authorizedresolution datedrepresentative)Name... …………….…………….Signature.. ………….……………. Designation …………….…………….Name …………….…………….…………… Common Seal of the companyDesignation…………….…………….… …………….…………….………….

4. Common Seal of For Fourth Memberhas been affixed in my/our presencepursuant to the Board of Director's(Signature of authorizedresolution datedrepresentative)Name... …………….…………….Signature.. ………….……………. Designation …………….…………….Name …………….…………….…………… Common Seal of the companyDesignation…………….…………….… …………….…………….………….WITNESSES :1.…………….…………….…………. 2. …………….…………….………….(Signature)(Signature)Name …………..…………….…………….… Name …………….…………….…(Official address)(Official address)

(Annexure-V)FORM OF POWER OF ATTORNEY FOR Joint Venture/CONSORTIUM(On Non –Judicial Stamp Paper of Appropriate valueto be Purchased in the Name of Joint Venture/CONSORTIUM)KNOW ALL MEN BY THESE PRESENTS THAT WE, the Members whose details are givenhereunder…………………………….. have formed a Joint Venture/CONSORTIUM andhaving our Registered Office (s)/Head Office (s) at ……………………………….(hereinaftercalled the ‘Joint Venture/Consortium’ which expression shall unless repugnant to the contextor meaning thereof, include its successors, administrators and assigns) do hereby constitute,nominate and appoint M/s…………………………………………….a company/ElectricalContractor incorporated under the laws of …………..and having its Registered/Head Office at…………….as our duly constituted lawful Attorney ( hereinafter called “Lead Member ”) toexercise all or any of the powers for and on behalf of the CONSORTIUM in regard to biddocument No…………….. for supply……………………………………………………… for whichbids have been invited by the CESU namely (DISCOM), to undertake the following acts :(i) To submit proposal, participate and negotiate in respect of the aforesaid Bid –Specification of the CESU on behalf of the “Joint Venture/Consortium”.(ii)(iii)(iv)(v)To negotiate with CESU the terms and conditions for award of the contractpursuant to the aforesaid Bid and to sign the contract with the CESU for and onbehalf of the “Joint Venture/Consortium”.To do any other act or submit any document related to the above.To receive, accept and execute the contract for and on behalf of the “JointVenture/Consortium”.To submit the contract performance security in the form of an unconditionalirrecoverable Bank guarantee in the prescribed format and as per terms of thecontract.It is clearly understood that the Lead Member shall ensure performance of the contracts (s)and if one or more Member fail to perform their respective portion of the contracts (s), thesame shall be deemed to be a default by all the Members.It is expressly understood that this power of Attorney shall remain valid binding andirrevocable till completion of the Defect or liability period in terms of the contract.The Joint Venture/CONSORTIUM hereby agrees and undertakes to ratify and confirm all thewhatsoever the said Lead Member quotes in the bid, negotiates and signs the Contract withthe CESU and / or proposes to act on behalf of the Joint Venture/CONSORTIUM by virtue ofthis Power of Attorney and the same shall bind the Joint Venture/CONSORTIUM as if doneby itself.

IN WITNESS THEREOF the Members Constituting the Joint Venture/CONSORTIUM asaforesaid have executed these presents on this ………… day of …….. under the CommonSeal (s) of their Companiesfor and on behalf ofthe Members of Joint Venture/CONSORTIUM1. …………………………………2. …………………………………3. …………………………………4. …………………………………The Common Seal of the above Members of the Joint Venture/CONSORTIUM :The Common Seal has been affixed there unto in the presence of :WITNESS1. Signature …………………………………Name …………………………………Designation …………………………………Occupation …………………………………2. Signature …………………………………...Name ……………………………………….Designation …………………………………Occupation …………………………………