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(2 x 750 KW) KHANDI MHP


TENDER DOCUMENT



KREDA


1

CHECK


LIST


Name of work
:

Planning, design, engineering, erection, testing, commissioning and ci
vil
construction works of 2 x 7
50 KW
Khandi

M
HP in
Suru

block, Kargil.



1.

Have you submitted the cost of tender document?




Yes/ No


2.

Have you submitted requi
site Earnest money, in desired form?


Yes/ No


3.

Have you given the Bid and Price
-

Schedule in the

Prescribed format?








Yes/ No


4.

Have you kept your offer valid for 120 days?




Yes/ No


5.

Have you furnished the Eligibility Document?




Yes/ No



6.

Have you

submitted the banker’s report?





Yes/ No


7.

Have you furnished the specifications of equipment?



Yes/ No



8.

Have you furnished your PAN No, TIN No./ S.T certificate?


Yes/ No


9.

Any other information eg. list of engineering personal employed



Detail of Eq
uipment owned etc.






Yes/ No






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2

CHAPTER


I

TURNKEY EXECUTION OF
KHANDI

(
2X7
50

KW) SHP


SCOPE OF WORKS


The scope comprises of the following works as per Indian/International Standards design and
drawings approved by the
KREDA
,
Kargil
, J&K

and detai
ls provided in these tender documents
and required
to

complete the works for smooth operation and subsequent maintenance of the
project.

i.

Design and Construction of all project components mainly as follows:



Diversion weir

& Intake



Feeder Channel



Desilting T
ank including fair weather channel



Box Type Power Channel



Forebay Tank



Penstocks



Power House



Tail Race Channel



Switchyard



Approach Roads



Residential / Non residential buildings



All protection works


ii.


Design, Construction, Supply, Erection, Testing and Comm
issioning of Hydro
Mechanical works comprising of gates & trash racks etc.


iii.


Design, Construction, Manufacture, Supply, Erection, Testing and Commissioning of
Electro Mechanical Equipment with their auxiliaries, station auxiliaries, switchyard
equipment an
d other related works mainly comprising the following:




Turbines & Auxiliaries



Salient Pole Synchronous Generators and Auxiliaries



Station Auxiliaries



General Service Equipment



Transmission line system



Switchyard Works including Transformers,
33

and 11 kV
Equipment, Earthing
and Fencing etc.


iv.


Operation

& maintenance
of project
for 3 years from the date of commissioning.

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3

CHAPTER


II

TERMS AND

CONDITIONS OF CONTRACT


A
-

INSTRUCTIONS TO BIDDERS (ITB)


1.0.

DEFINITIONS

i.

Governor/Government shall mean Gov
ernor/Government of J&K and Government of
India.


ii.


“LAHDC” shall mean, Ladakh Autonomous Hill Development Council.


iii.


“KREDA” shall mean Kargil Renewable Energy Development Agency.




Throughout these special conditions, specification and instructi
ons to bidders, the
following shall apply unless the context otherwise required:
-


i
v


“The Owner” or “Customer” shall mean the
Kargil Renewable Energy Development
Agency, Kargil, J&K

and shall include their legal Representatives, successors, in office,
a
nd permitted assign.


v


The “Bidder “ shall mean and include one or more persons or any firm or any company
or body incorporate who has submitted the tender in response to “Invitation of Tender”.


v
i
.


The “Contractor/supplier” shall mean the Bidder whose

Tender has been accepted by the
“Owner” and shall include the Bidder’s heirs, legal representatives successors and
permitted assigns approved by the Owner.


v
i
i


The “Sub contractor” shall mean the firm or the person named in the contract for any part
of
the work or any person to whom any part of the contract has been sublet with the
consent in writing of the Owner and shall include his heirs, legal representatives
successors and assign approved by the Owner.


vi
i
i


“Engineer or Engineer
-
in
-
charge” shall m
eans officer (s) appointed in writing by the
Owner to act as engineer from the time to time for purposes of contract.



i
x


“Works” shall mean and include the furnishing of material, equipment, labour and
services for construction as per the Technical spec
ifications and complete supervision of
erection, testing and commissioning of the equipment as defined in the contract.


x


The
Director
,

shall mean the
Project
Director

Kargil Renewable Energy Development
Agency, Kargil, J&K
, Srinagar.


x
i



“Consultant”
Shall mean any firm or person duly appointed by Owner as such from time
to time.


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4

xii


“Test” shall means such tests as are prescribed by the Owner or considered necessary by
the authorized agents of the Owner whether conducted/performed or made by him or
any
other agency acting under his direction.


xi
ii

“Test on Completion” shall mean such tests as are prescribed by the specifications to be
made before the works are taken over by the Owner.


xiv

“Specification” shall means the specifications annexed to or

issued with these Conditions
of Contract.


x
v

“Plant” Shall mean the goods including equipment/machinery/component/parts specified
in the contract which the contractor has agreed to supply under the Contract.


xv
i

The “Contract” shall mean and include the

following



a.

NIT (Notice Inviting Tender)


b.

Instruction to Bidders


c.

General Conditions of Contract


d.

Special conditions of contract


e.

Tender form including schedules of prices


f.

Earnest money


g.

Letter of Intent and its acknowledgement


h.

Performance Security Deposit


i.

Formal work order


j.

Guaranteed Test Performance and Penalty


k.

Site Conditions


l.

Specifications, Specific Conditions, Schedules and Drawings

m.

Addenda which may hereafter be issued by the Owner to the contractor in
t
he form of letter and covering letters and schedule of prices as agreed
between the Contractor and the Owner.

n.

The Agreement to be entered into under clause of these General
Conditions.


xvi
i


Contract Price” means the sum named in the Tender subject to
such additions thereto or
deductions there from as may be made under the provisions hereinafter contained.


xvii
i

Contract value means that part of the Contract Price which is properly apportion able to
the plant or work in question having regard to the st
ate condition and topographical
location of the plant the amount of work done and all other relevant circumstances and
disregarding any changes that may have occurred since the date of the Contract in the
cost of executing the works.


x
i
x


Date of Contract

shall mean the date on which both the parties have signed the contract
agreement.


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5

x
x


“Consignee” Shall mean the person to whom the Plant/material is required to be delivered
in the manner indicated in the Contract.


xx
i


The “Site shall mean the place o
r places named in the contract and include where
applicable upon or in which the works are to be executed.


xxi
i


“Act” Shall mean the Electricity (supply) Act 1948 (No. L IV of 1948) and shall include
any statutory amendments modifications or reenactments

there of for the time being in
force.


xxii
i


“Annexure” shall mean the annexure to the terms and conditions.


xxi
v

“DELIVERY” shall be deemed to take place on deliver of the equipment in accordance
with the terms and conditions of the Contract after test

and inspection by the Owner or
his authorized agent to the consignee.


xx
v

“Place of Delivery” Shall mean the place of delivery of which the supplier is responsible
to deliver the equipment at the contract price as specified.


xxv
i

The terms Equipment, St
ore, Material shall mean and include, Plant Store and materials
to be provided by the Supplier under the Contract.


xxvi
i

The terms “Services” shall mean technical supervision of works of construction, receipt,
handling, storage, erection of equipm
ent and
stores done by the Contractor/ Supplier

or
his other contractors and performing testing and commissioning of equipment’s.


xxvii
i

“Erection Contractor” shall mean any other Contractor if appointed by the Owner directly
for actual erection of equipment and
material provided under the contract. The supplier
shall be the erection contactor for this turnkey tender.


xxix

The term equipment portion of the Contract price shall mean the FOR work value of the
equipment.


xx
x

The term services portion of the Contrac
t price shall mean the value for supervision of
field activities of the contract including supervision of construction works, receipt,
handling, storage, erection and carrying out of testing and commissioning at site by
Contractor.


xxx
i

Manufacturers work
s or Contractors works shall mean the place of work used by the
manufacturer the contractor/supplier their collaborators or sub contractors for the
performance of contract.


xxxi
i

Inspector shall mean the Owner or any person nominated by the Owner from tim
e to time
to inspect the equipment stores or materials


under the contract and/or the duly
authorized representatives of the Owner/Owner.


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xxxii
i

Notice of award of Contract/Letter of Intent shall mean the official notice issued by the
Owner notify Contra
ctor that his proposal has been accepted. For all purposes date of
letter of Intent defining the full scope of construction, supply and the basic engineering
inputs shall be effective date of Contract.


xxxi
v

“Month” shall mean the Calendar month Day or d
ays unless herein otherwise expressly
defined shall mean
-
calendar day or days of 24 hours each.


xxx
v

Writing shall include any manuscript type written or printed statement under or over
Signature and/or seal as the case may be.


xxxv
i

When the words appro
ved, subject to approval, Satisfactory, equal to proper, requested as
a directed where directed when directed determined by accepted permitted or words and
phrases of like

import are used the approval judgment direction etc. is understood to be a
function

of the Owners engineer.


xxxvi
i

“Performance and Guarantee Test”
shall mean all operational checks and tests
required to determine and demonstrate capacity, efficiency and operating characteristics
as specified in the Contract Documents.


xxxvii
i

Commerci
al Operation shall mean the condition of operation in which the complete
works and equipment covered under the contract is available for continuous operation at
different loads upto and including rated capacity.


xxxvix

The term Final Acceptance shall mean

the successful Completion of performance and
guarantee test.


xxxx

Warranty Period/Maintenance Period shall mean the period during which the contractor
shall remain liable for repair or replacement of any defective part of the works covered
under the cont
ract.


xxxx
i


Drawing Plans shall mean all



i.

Drawing furnished by the Owner/Consultant as a basis for information



ii.

Supplementary drawings furnished by the Owner/Consultant to clarify


and to define in greater detail the inte
nt of the Contract.


iii.


Drawings submitted by the Contractor with his proposal provided such
drawings are acceptable to the Owner/Consultant


iv.

Drawings furnished by the Owner Consultant to the Contractor during the
Progress of the works and


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7

v.

Engi
neering data and drawings submitted by the Contractor during the
progress of the work provided such drawings are acceptable to the
engineer.


xxxxi
i

Words imparting the singular only shall also include the plural and vice
-
versa where the
context so require
s.


xxxxii
i

Words imparting person shall include firms companies’ corporations and associations or
bodies of individuals whether incorporated or not. Term as expression not herein defined
shall have the same meaning as are assigned to them in the India Sal
e of Goods Act
(1930) failing that in the Indian Contract Act (1872) and failing that in the General
Clauses Act (1897).


xxxxi
v

KREDA

shall mean the
Kargil Renewable Energy Development Agency, Kargil, J&K

as
Constituted under
direction of MNRE, Govt. of I
ndia
and shall include its successors in
office and assigns.


xxxx
v


KREDA


or “PURCHASER”

s
hall mean the
Kargil Renewable Energy Development
Agency, Kargil, J&K
, or their successors, assignees or representatives.


xxxxvi

“ENGINEER OF CONTRACT” Shall mean
the Project Engineer/Consultant, Kargil Renewable
Energy Development Agency, Kargil, J&K, Engineer shall also denote Kargil Renewable Energy
Development Agency, Kargil, J&K


xxxxvii

“ENGINEER
-
IN
-
CHARGE” Shall mean an officer duly appointed by Kargil Renewa
ble Energy
Development Agency, Kargil, J&K, for the purpose of the contract and shall be an Engineer not
below the rank of AEE.


xxxxviii “CONTRACTOR/SUPPLIER” Shall mean the tenderer, whether an individual, a firm or

company whose tender has been accepte
d by the Kargil Renewable Energy Development

Agency, Kargil, J&K and shall include heirs, legal representative, successor and permitted

assignees of such tenderer.

xxxxix

“I.S.S.”/ “B.I.S” Shall mean Indian Standard Specification / Bureau of Indian stand
ard.

xxxxx

“ELEVATION OR REDUCED LEVEL (RL)” Shall mean height in meters above mean sea level
wherever these words are followed by figures quantifying such height

xxxxxi

“RATES” “TENDERED RATES” AND UNIT RATES” Shall unless otherwise specified, mea
n

the unit prices entered in the schedule of Quantities and Rates.

xxxxxii

“CONTRACT VALUE” OR “VALUE OF CONTRACT” Shall mean the value of work in

accordance with the schedule of quantities and rates.

xxxxxiii “COMPLETION” Shall mean the successful compl
etion of the entire works including any

testing and cleaning required at site have been completed and work is made ready for commercial

use.

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8

xxxxxiv “DEFECT LIABILITY PERIOD” Shall mean the Maintenance Period

for one year

and a further
period of 3

mont
hs in respect of items replaced or repaired from the date of such replacement or
repair as the

case may be.

xxxxxv “SCHEDULE OF RATE OF THE KREDA” Shall mean the schedule of rates adopted or

sanctioned by the PWD of Govt. of Jammu & Kashmir from time to
time for different areas of the

state.

x
xxxxvi

“OPERATION AND MAINTENANCE PERIOD” Shall mean three years duration from the

date of commissioning of the Project.




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9

1.1

ELIGIBLE BIDDERS


1.1.1

The bidder shall provide following satisfactory evidences s
tating that the
firm/company/joint venture:


(a)

Is registered company under Companies Act or registered consortium of
companies, including an original manufacturer or an authorized representative of
a manufacturer, who must have designed, constructed, manufa
ctured, supplied,
erected, tested and commissioned at least two small hydro projects of similar
nature and capacity, as per prevailing National and International Standards.


(b)

Consortium comprising civil engineering construction company, hydropower
related e
quipment manufacture or its authorized representative and a consultant
working in the field of hydropower and status to meet the financial obligations to
perform the scope of works. The civil contractor should have experience of civil
works of two identica
l nature costing about Rs.1.50 crore each. The E&M
manufacturer should have executed at least two similar projects.


(c)

The company or the consortium of companies have completed similar project,
works worth Rs. 5.00 crores per annum during last 3 years in Ind
ia or Abroad.


(d)

They have adequate financial stability and status to meet the financial obligations
required for the works.


(e)

They have adequate infrastructure, plant, machinery, manufacturing,
commissioning and testing capacity available to perform the work
s properly and
expeditiously within the time period specified.



(f)

They have adequate field service setup to provide necessary field execution.



(g)

They have established quality assurance systems and organization designed to
achieve high level of all

project elements, plant and equipment reliability, both
during construction, manufacturing, field installation and plant running activities.


1.2

ADDITIONAL INFORMATION FOR ELIGIBILITY


The above stated requirements are minimum and
Kargil Renewable Energ
y Development
Agency, Kargil, J&K

reserves the right to request for any additional information and also
reserves the right to reject the proposal of any bidder.


1.3

ELIGIBLE PLANT, EQUIPMENT AND SERVICES


For the purposes of these bidding documents, the w
ords “facilities,” “plant and
equipment,” “installation services,” etc., shall be construed in accordance with the
respective definitions given to them in the conditions of contract.


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1. 4

COST OF BIDDING


The Bidder shall bear all costs associated with th
e preparation and submission of its bid,
and the Owner will in no case be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.


1. 5

THE BIDDING DOCUMENTS


1. 5.1

Content Of Bidding Documents



The facilities

required, bidding procedures, contract terms and technical
requirements are prescribed in the bidding documents. The bidding documents include
the following sections:


(i)


Notice Inviting Tender (NIT), Salient Features and Project Details.

(ii)


Instruct
ions to Bidders (ITB)

(iii)


Conditions of Contract

(iv)


General Technical Specifications

(v)


Technical Specifications

-

Civil Works

(vi)


Technical Specification

-

Turbines

(vii)

Technical Specification

-

Generators

(viii)

Technical Specifications

-

Transformers

(ix)


Technical Specification

-

Control Protection and Metering

(x)


Technical Specifications

-

Station Auxiliaries

(xi)


Technical Specifications

-

Equipment for Power Evacuation

(xii)

Technical Specifications

-

Erection, Testing and Co
mmissioning

(xiii)

Price Schedules

(xiv)

Guaranteed Technical Particulars (GTP)

(xv)

Forms

Form

-

1


Bank Guarantee for Earnest Money

Form

-

2


Bank Guarantee for Security Deposit

Form

-

3


Performance Bank Guarantee

Form

-

4


Agreement Form

Form

-

5


Tend
er Form

Form

-

6


Pre
-
qualification Details of Tenderer

Form

-

7


Declaration

Form

-

8


Performance for Joint Undertaking

Form

-

9


General Particulars

Form

-

10


List of Drawing and Literature

Form

-

11


Deviations from Conditions of Contract

Form


-

12


Deviations from Technical Specifications of Contract

Form

-

13


Recommended Spare Parts

Form

-

14


Recommended Special Tools and Tackles

Form

-

15


Recommended Test Sets and Testing Instruments

Form

-

16


Quoted Guaranteed Delivery/ Project Co
mpletions

Form

-

17


Details of Proprietor/ Partners etc.

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Form

-

18


Financial Incidence of Technical Deviation

(xvi)

Drawings and Tables



The Bidder is expected to examine all instructions, forms, terms, specifications and other
information in the b
idding documents. Failure to furnish all information required by the bidding
documents or submission of a bid not substantially responsive to the bidding documents in every
respect will be at the Bidder’s risk and may result in rejection of its bid.




All

forms and schedules are to be filled, signed and stamped by the bidder, even if there is
no information is being furnished by the bidder.


1. 5.2

CLARIFICATION OF BIDDING DOCUMENTS; AND PRE
-
BID MEETING


i.

A prospective Bidder requiring any clarification
of the bidding documents may
notify the Owner in writing or by cable (hereinafter, the term cable is deemed to
include Electronic Data Interchange (EDI), telex or tele
-
fax) at the Owner’s mailing
address.

The Owner will respond in writing to any request fo
r clarification or
modification of the bidding documents that it receives no later than seven (7) days prior
to the deadline for submission of bids prescribed by the Owner. Written copies of the
Owner’s response (including an explanation of the query but n
ot identification of its
source) will be sent to all prospective bidders that have received the bidding documents.


ii.


The Bidder is advised to visit and examine the site where the facilities are to be installed
and its surroundings and obtain for itself

on its own responsibility all information that
may be necessary for preparing the bid and entering into a contract for supply and
installation of the facilities. The costs of visiting the site shall be at the Bidder’s own
expense.


iii.

The Bidder and any

of its personnel or agents will be granted permission by the Owner to
enter upon its premises and lands for the purpose of such inspection, but only upon the
express condition that the Bidder, its personnel and agents will release and indemnify the
Owner
and its personnel and agents from and against all liability in respect thereof and
will be responsible for death or personal injury, loss of or damage to property and any
other loss, damage, costs and expenses incurred as a result of the inspection
.


iv.

T
he Bidder’s designated representative is invited to attend a pre
-
bid meeting, which, if
convened, will take place at the venue and time stipulated in the NIT. The purpose of the
meeting will be to clarify issues and to answer questions on any matter that m
ay be raised
at that stage. The Bidder is requested, as far as possible, to submit any question in writing
or by cable, to reach the Owner not later than one week before the meeting. It may not be
practicable at the meeting to answer questions received lat
e, but questions and responses
will be transmitted as indicated hereafter. Minutes of the meeting, including the text of
the questions raised and the responses given, together with any responses prepared after
the meeting will be transmitted without delay
to all Owners of the bidding documents.
Any modification of the bidding documents listed in ITB Sub
-
Clause 1.5which may
become necessary as a result of the pre
-
bid meeting shall be made by the Owner
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exclusively through the issue of an addendum and not thro
ugh the minutes of the pre
-
bid
meeting.


1.6

AMENDMENT OF BIDDING DOCUMENTS


1.6.1

At any time prior to the deadline for submission of bids, the Owner may, for any reason,
whether at its own initiative, or in response to a clarification requested by a pro
spective
Bidder, amend the bidding documents.


1.6.2

The amendment will be notified in writing or by cable/e
-
mail to all prospective bidders
that have purchased the bidding documents and will be binding on them. Bidders are
required to immediately acknowle
dge receipt of any such amendment, and it will be
assumed that the information contained therein will have been taken into account by the
Bidder in its bid.


1.6.3

In order to afford prospective Bidders reasonable time in which to take the amendment
into a
ccount in preparing their bid, the Owner may, at its discretion, extend the deadline
for the submission of bids, in which case, the Owner will notify all bidders in writing of
the extended deadline.


1.7.

LANGUAGE OF BIDS


The bid prepared by the Bidder an
d all correspondence and documents related to the bid
exchanged by the Bidder and the Owner shall be written in English only.


1.8

DOCUMENTS COMPRISING THE BID


1.8.1

The bid submitted by the Bidder shall comprise the following documents:


i)

Bid Form duly co
mpleted and signed by the Bidders, together with all
attachments identified below.

ii)

Price Schedules duly completed by the Bidder.


1.8.2

Bidders shall note that, if permitted according to the Bid documents, they are entitled to
submit an alternative bid wit
hin the scope specified in the Bid documents. In such case,
bidders shall submit full details and justifications, etc.,.


1.8.3

Each Bidder shall submit with its bid the following attachments.




i)

Earnest Money

Earnest money as detailed in subsequent
paras





ii)

Power of Attorney

A power of attorney, duly notarized, indicating that the persons(s) signing the bid
has (ve) the authority to sign the bid and thus that the bid is binding upon the
Bidder during the full period of its validity.


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iii)

Bid
der’s Eligibility and Qualifications

In the absence of pre
-
qualification, documentary evidence that the Bidder is
eligible to bid established in accordance with ITB Clause 1.1 and is qualified to
perform the contract if its bid is accepted.


The documenta
ry evidence of the Bidder’s eligibility to bid shall establish to the
Owner’s satisfaction that the Bidder, at the time of submission of its bid, is from
an eligible source country as defined in ITB Sub
-
Clause 1.1.


The documentary evidence of the Bidder’
s qualification to perform the contract, if
its bid is accepted, shall establish to the Owner’s satisfaction that the Bidder has
the financial, technical, production, procurement, shipping, installation and other
capabilities necessary to perform the contr
act and, in particular, meets the
experience and other criteria outlined in the Bid Data Sheet.




iv)

Eligibility and Conformity of the Facilities


Documentary evidence that the facilities offered by the Bidder in its bid or in any
alternative bid (if pe
rmitted) are eligible and conform to the Bidding documents.


The documentary evidence of the eligibility of the facilities shall consists of a
statement on the country of origin of the plant and equipment offered, which shall
be confirmed by a certificate
of origin issued at the time of shipment.


The documentary evidence of the conformity of the facilities to the bidding
documents may be in the form of literature, drawings and data, and shall furnish:


a.

A detailed description of the essential technical a
nd performance characteristics of
the facilities;


b.

A list giving full particulars, including available sources, of all spare parts, special
tools, etc., necessary for the proper and continuing functioning of the

facilities for
a period of Three (3
) year
s, following completion of facilities in accordance with
provisions of contract; and


c.

A commentary on the Owner’s Technical Specifications and adequate evidence
demonstrating the substantial responsiveness of the facilities to those
specifications. Bidd
ers shall note that standards for workmanship, materials and
equipment designated by the Owner in the bidding documents are intended to be
descriptive (establishing standards of quality and performance) only and not
restrictive. The Bidder may substitute a
lternative standards, brand names and/or
catalog numbers in its bid, provided that it demonstrates to the Owner’s
satisfaction that the substitutions are substantially equivalent or superior to the
standards designated in the Technical Specifications.


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v)

Subcontractors Proposed by the Bidder


The Bidder shall include in its bid details of all major items of supply or services
that it proposes to purchase or sublet, and shall give details of the name and
nationality of the proposed Subcontractor, includi
ng vendors, for each of those
items. Bidders are free to list more than one Subcontractor against each item of
the facilities. Quoted rates and prices will be deemed to apply to whichever
Subcontractor is appointed, and no adjustment of the rates and price
s will be
permitted.


The Bidder shall be responsible for ensuring that any Subcontractor proposed
complies with the requirements of ITB Sub Clause 1.3, and that any plant,
equipment or services to be provided by the Subcontractor comply with the
requireme
nts of ITB Clause 1.4 and ITB Sub
-
Clause 1.8.3 (iv).


The Owner reserves the right to delete any proposed Subcontractor from the list
prior to award of contract, and after discussion between the Owner and the
Contractor, the corresponding Appendix to the f
orm of contract Agreement shall
be completed, listing the approved Subcontractors for each item concerned.




vi)

Deviations


In order to facilitate evaluation of bids, deviations, if any, from the terms and
conditions or Technical Specifications shall be

listed in relevant form. The
Bidder shall also provide the price implications, for withdrawal of the
deviations. However, the attention of the bidders is drawn to the provisions
of ITB Clause 1.22 regarding the rejection of bids that are not substantially

responsive to the requirements of the bidding documents.


“Bidder may further note that except for the deviations listed in relevant
forms, the bid shall be deemed to comply with all the requirements in the
bidding documents and the bidders shall be requi
red to comply with all such
requirements of bidding documents including Technical Specifications
without any extra cost to the Owner irrespective of any mention to the
contrary, and else where in the bid.


vii)

Alternative Bids



a.

Except as provided und
er subparagraph (b) below, bidders wishing to
offer technical alternatives to the requirements of the bidding documents must
first price the Owner’s design of the facilities as described in the bidding
documents, and shall further provide all information n
ecessary for a complete
evaluation of the alternatives by the Owner, including drawings, design
calculations, technical specifications, breakdown of prices, proposed installation
methodology and other relevant details.




b.

When bidder are permitted in th
e Bid Documents to submit alternative
technical solutions for specified parts of the facilities, such parts shall be
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described as in subsequent sections, Technical Specifications and Drawings.
Technical alternatives that comply with the performance and tec
hnical criteria
specified for the facilities shall be considered by the Owner on their own merits,
pursuant to ITB Claus 1.22.




viii)

Local Representation


If a foreign bidder has engaged as Indian agent, it will be required to give the
following detail
s in its bid.





a.

The name and address of the local agent




b.

What Service the agent renders; and




c.

The fixed amount of remuneration for the agent included in the offer


The agency commission shall be indicated in the space provided for in the Pri
ce
Schedule and will be paid to the Bidder’s agent in India in Indian Rupees using
the Telegraphic Transfer buying market rate of exchange ruling on the date of
award of contract and shall not be subject to any escalation or any further
exchange variations
.


1.8.4

Qualification Criteria:


i.

Is registered company under Companies Act or registered consortium of
companies, including an original manufacturer or an authorized representative of a
manufacturer, who must have designed, constructed, manufactured, supplied,

erected, tested and commissioned at least two small hydro projects of similar
nature and capacity, as per prevailing National and International Standards.

ii.

Consortium comprising civil engineering construction company, hydropower
related equipment manufactu
re or its authorized representative and a consultant
working in the field of hydropower and status to meet the financial obligations to
perform the scope of works. The civil contractor should have experience of civil
works of two identical nature costing a
bout Rs.1.50 crore each. The E&M
manufacturer should have executed at least two similar projects.

iii.

The company or the consortium of companies have completed similar project,
works worth Rs. 5.00 crores per annum during last 3 years in India or Abroad.

iv.

They
have adequate financial stability and status to meet the financial obligations
required for the works.

v.

They have adequate infrastructure, plant, machinery, manufacturing,
commissioning and testing capacity available to perform the works properly and
expedi
tiously within the time period specified.

vi.

They have adequate field service setup to provide necessary field execution.

vii.

They have established quality assurance systems and organization designed to
achieve high level of all project elements, plant and equipm
ent reliability, both
during construction, manufacturing, field installation and plant running activities.

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viii.

The bidder should not be blacklisted by
KREDA or
J&K State
R
enewable
E
nergy
D
evelopment
A
gency

or other State Electricity Board/Corporation/Undertaki
ng

or
any other
Public Works D
epartment of J&K.

ix.

The bidder should furnish a write up, backed with adequate data, explaining his
available capacity (both technical and financial) for manufacture and supply,
within the specified time of completion after meet
ing all their current
commitments.

x.

The bidder should provide the list furnishing the name, qualification and
experience of technical staff who will be deputed to site for erection and
commissioning.

xi.

The bidder should confirm that all the facilities exists
in manufacture
r
’s works for
inspection and testing of equipment and same will be made available to the Owner
or to his authorized representative for inspection.

xii.

Not withstanding anything stated above, before the Award of Contract the Owner
reserve the righ
t to assess the bidder’s capabilities and capacity to execute the
contract satisfactorily.


1.9

TENDER FORM AND PRICE SCHEDULES


The Bidder shall complete the Tender Form and the appropriate Price Schedules
furnished in the bidding documents as indicated t
herein and in the Subsection ‘Forms’ of
the bidding documents, following the requirements of ITB Clauses.


1.10

BID PRICES


1.10.1

Bidders shall quote for the entire facilities on a “single responsibility” basis such that the
total bid price covers all th
e Contractor’s obligations mentioned in or to be reasonably
inferred from the bidding documents in respect of the design, manufacture, including
procurement and subcontracting (if any), delivery, construction, installation and
completion of the facilities
including supply of mandatory spares. This includes all
requirements under the Contractor’s responsibilities for testing, pre
-
commissioning and
commissioning of the facilities. Items against which no price is entered by the Bidder will
not be paid for by t
he Owner when executed and shall be deemed to be covered by the
prices for other items.



Bi
dders will quote separately in
the price bid for compulsory running and maiontenance
of the plant for 3 years.


1.10.2

Bidders are required to quote the price for t
he commercial, contractual and technical
obligations outlined in the bidding documents. If a Bidder wishes to make a deviation,
such deviations shall be listed in appropriate form. The Bidder shall also provide the
price implications, if any, for withdrawa
l of the deviations.


1.10.3

Bidders shall give a breakup of the prices in the manner and detail called for in the price
Schedules. Where no Price Schedules are included in the bidding documents, bidders
shall present their prices in the following manner.


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Separate numbered schedules shall be used for each of the following elements.

Schedule of Quantities and Prices

Schedule No. 6.1

Civil works

Schedule No. 6.2

Generating Plant/Equipment

Schedule No. 6.3

Auxiliary Equipment for Power Station

Schedule No. 6
.4

General Services for Power Station

Schedule No. 6.5

Switchyard Equipment

Schedule No. 6.6

Erection, Testing and Commissioning

Schedule No. 6.7


Spares, Tools and Plants

Schedule No. 6.8

Abstract of cost


1.10.4

The terms EXW, CIF, CIP, etc. shall be g
overned by the rules prescribed in the current
edition of Incoterms published by the International Chamber of Commerce, 38 Cours
Albert 1
er
, 75008 Paris, France.


1.10.5

The prices quoted by the Bidder shall be fixed during the Bidder’s performance of the
contract and not subject to variation on any account. A bid submitted with an adjustable
price quotation will be treated as non
-
responsive and rejected.



1.11

BID CURRENCIES


Prices shall be quoted in Indian Rupees only.


1.12

EARNEST MONEY DEPOSIT


1
.
12.1

Earnest money worth Rs. 7
.
50 lacs (Sev
en Lacs

and Fif
ty Thousand only
) in the shape of
CDR/NSC, Bank Draft, Fixed Deposit Receipts or Bank Guarantee from Scheduled
Commercial Bank shall be deposited alongwith tender shall be deposited by each
tenderer
.

1.12.2

The earnest money will be liable to be forfeited on revocation of tender before the
validity of the tender expires or on refusal to enter into a contract after the award is made
to the tenderer.

1.12.3

Earnest money given by unsuccessful tenderer
s will be refunded expeditiously after the
award of the contract to the successful tenderer.

1.12.4

The Earnest money deposit will be returned to the successful tenderer after he furnishes
security deposit for performances and duly enters into the contract
.

1.12.5

The earnest Money deposit shall be valid for a period not less than
365 (Three hundred
sixty five)
days from the date of opening of the tender.


1.12.6

Within 30 (Thirty) days from the date of receipt of the letter accepting the tender, the
succe
ssful tenderer shall submit
a Contract performance Security

as specified, otherwise
the Earnest Money will be forfeited by the Owner.


1.12.7

Any tender not accompanied by a requisite earnest money in desired form shall be
disqualified. Part
-
II of the tend
er shall not be opened.

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1.12.8

No interest will be payable by the Owner on the above tender guarantee/earnest money.


1.12.9

No earnest money will be accepted after opening of the tender


1.13

EXEMPTION FROM DEPOSITING EARNEST MONEY


The tenderers of fol
lowing categories are exempted from depositing Earnest Money.


Small Scale Industries Units of the State registered with the department of Industries,
Government of J & K. In such cases the part I of the tender should be supported by a
Photostat copy of th
eir valid registration certificate, duly attested by a gazetted officer
failing which the tender shall be liable for rejection.




Any State Government/Government of India undertaking.


1.14

PERIOD OF VALIDITY OF BID



1.14.1

Bids shall remain valid for a
period of
120 days
after the closing date prescribed by the
Owner for the receipt of bids. A bid valid for a shorter period shall be rejected by the
Owner as being non
-
responsive.

1.14.2

In exceptional circumstances, the Owner may solicit the Bidders’ cons
ent to an extension
of the bid validity period. The request and responses thereto shall be made in writing or
by cable. If a Bidder accepts to prolong the period of validity, the bid security shall also
be suitably extended. A Bidder may refuse the request

without forfeiting its bid security.
A Bidder granting the request will not be required nor permitted to modify its bid.


1.15

FORMAT AND SIGNING OF BID


1.15.1

The Bidder shall prepare an original and the number of copies/sets of the bid specified
here i
n after clearly marking each one as “OIRGINAL BID,” “Copy No. 1,” Copy No.
2,” etc., as appropriate. In the event of any discrepancy between them, the original shall
govern.


1.15.2

The original and all copies of the bid, each consisting of the documents l
isted in ITB
Clause 1.8, shall be typed or written in indelible ink and shall be signed by the Bidder or
a person or persons duly authorized to bind the Bidder to the contract. The latter
authorization shall be indicated by written power of attorney accomp
anying the bid and
submitted with the Bid under ITB Clause 1.8.3. All pages of the bid, except for un
-
amended printed literature, shall be initialed by the person or persons signing the bid.



1.15.3

The bid shall contain no alterations, omissions or addi
tions, unless such corrections are
initialed by the person or persons signing the bid.


1.15.4

The Bidder shall furnish information on commissions or gratuities, if any, paid or to be
paid to agents relating to this bid, and to contract execution if the Bi
dder is awarded the
contract.

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1.16

PREPARATION AND SUBMISSION OF TENDER

1.16.1

Preparation of Tenders


i.

The tenders shall be prepared in
quadruplicate
complete with forms & schedules etc.
each in three parts in sealed covers, as detailed below, duly super scr
ibing the
NAME OF
WORK, TENDER NUMBER, DUE DATE OF TENDER
and shall be addressed to
the competent authority of
Kargil Renewable Energy Development Agency, Kargil, J&K
,
inviting the tender.


ii.

Part
-
I: Earnest Money



iii.

Part
-
II


Technical & Commercial
Part (Quadruplicate)



This shall include the following:


a.

All forms annexed herewith the tender documents except price schedule


b.

All commercial terms and conditions


c.

Delivery and erection schedule


d.

Qualifying requirements of the eligible tende
rers


e.

Technical specification and technical particulars.


f.

Recommended spare parts


g.

Bill of Materials


h.

Guarantees


i.

Submission of drawings etc.


j.

Deviation sheets


k.

List of tools and tackles


iv.

Part


III: Price (Quadruplicate)


a.

Price

schedule and any other relevant information


b.

The tenderers shall quote all
-
inclusive fixed price for the complete plant as per the scope
of specifications giving complete break
-
up of prices and taxes separately. The Sale Tax
etc. shall be charged as a
pplicable. Separate schedule giving break
-
up of price of various
equipments and services shall be given, indicating the unit rate, quantity and total price.



c.

The tenderer shall quote separately item wise price for spare parts so that these may be
order
ed as per requirements, and the tenderers shall be required to supply these spares
within a reasonable time. The minimum time of delivery shall be indicated by the
tenderer.


v.

Tenders submitted by post shall be sent under Registered post with ‘Acknowledg
ement
Due’ and shall be posted with due allowance for postal delay. Tenders received after the
due date and time of opening shall be rejected and returned to the tenders without
opening. Telegraphic offers or offers received by telex e
-
mail etc. shall not

be accepted.


Following shall be superscribed on the envelopes of all parts.

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PART


I

: EARNEST MONEY




TENDER NUMBER


NAME OF WORKS


DUE DATE OF OPENING


NAME OF FIRM/TENDERER


PART


II

: TECHNICAL




TENDER NUMBER


NAME OF WORKS


DUE DATE
OF OPENING


NAME OF FIRM/TENDERER


PART


III

: PRICE




TENDER NUMBER


NAME OF WORKS


DUE DATE OF OPENING


NAME OF FIRM/TENDERER



vi.


All the three parts of the tender shall be individually sealed and super
-
scribed as indicated
above, and shall
be enclosed in one main cover duly sealed and super
-
scribed as “Tender
for
---------

containing part


I, II and III for this tender”.



“Tender number
-------------------------------
”.



“Due date of opening
-------------------------

at
-----------------
hrs”.



“Name of firm/tenderer
--------------------------
“.


1.16.2

Sealing And Marking Of Bids


The Bidder shall seal the original and each copy of the bid in separate envelopes, duly
marking the envelopes as “ORIGINAL BID” and “Copy No. [number]’. The en
velopes
shall then be sealed in an outer envelope.


1.16.3

The inner and outer envelopes


i.

The envelopes shall be addressed to the Owner at the official address and

ii.

The inner envelopes shall also indicate the name and address of the Bidder so that the
bid

can be retuned unopened in case it is declared “late.”

iii.


If the outer envelope is not sealed and marked as required above, the Owner will
assume no responsibility for the bid’s misplacement or premature opening. If the
outer envelope discloses the Bidder’s

identity, the Owner will not guarantee the
anonymity of the bid submission, but this disclosure will not constitute grounds for
bid rejection.


1.16.4

Submission Of Tender


The tender shall be submitted complete in all respect as desired above and submit
ted in
the office of competent authority by specified date.

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1.17

DEADLINE FOR SUBMISSION OF BIDS


1.17.1

Bid must be received by the Owner at the address specified in the NIT no later than the
time and date stated in the NIT. “In the event of the specifi
ed date for the submission of
bids being declared a holiday for the Owner, the bids will be received upto the appointed
time on the next working day”.


1.17.2

The Owner may, at its discretion, extend this deadline for submission of bids by
amending the bid
ding documents in accordance with ITB Clause 1.6, in which case all
rights and obligations of Owner and bidders will thereafter be subject to the deadline as
extended.


1.18

LATE BIDS


Any bid received by the Owner after the bid submission deadline prescri
bed by the
Owner, pursuant to ITB Clause 1.17, will be rejected and returned unopened to the
Bidder.


1.19

MODIFICATION AND WITHDRAWAL OF BIDS



1.19.1

The Bidder may modify or withdraw its bid after submission, provided that written notice
of the modific
ation or withdrawal is received by the Owner prior to the deadline
prescribed for submission.


1.19.2

The Bidder’s modifications shall be prepared, sealed, marked and dispatched as follows:


i.

The Bidders shall provide an original and the specified numbe
r of copies of any
modifications to its bid, clearly identified as such, in two inner envelopes duly
marked “BID MODIFICATIONS


ORIGINAL” and BID MODIFICATION


COPIES.” The inner envelopes shall be sealed in an outer envelope, which shall
be duly marked
“BID MODIFICATIONS.


ii.

Other provisions concerning the marking and dispatch of bid modifications shall
be in accordance with ITB Clauses 1.16.2.


1.19.3

A Bidder wishing to withdraw its bid shall notify the Owner in writing prior to the
deadline prescri
bed for bid submission. The notice of withdrawal shall



i

be addressed to the Owner at the address given in NIT, and


ii.

bear the name of work, the NIT number, and the words “BID

WITHDRAWAL NOTICE.” Bid withdrawal notice received after the bid
submissio
n deadline will be ignored, and the submitted bid will be deemed to be a
validly submitted.


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1.19.4

No Bid shall be withdrawn in the interval between the bid submission deadline and the
expiration of the bid validity period specified in ITB Clause 1.14. Wi
thdrawal of a bid
during this interval may result in the Bidder’s forfeiture of its EMD, pursuant to ITB sub


Clause 1.12.6.


1.20

OPENING OF BIDS BY OWNER




The bids received upto specified time and date shall be opened as follows:





Part
-
I of the tend
er containing earnest money shall be opened first and the document
shall be checked.





Part
-
II of the tender containing technical and commercial terms and conditions shall
be opened only if the earnest money documents are in order and as required in the
NI
T/Tender Document.




Part
-
III of the tender containing prices shall be opened at specified time and date of
the technically and commercially eligible bidders only.


1.20.1

The Owner will open the bids, including withdrawals and modifications made pursuant t
o
ITB Clause in the presence of bidder’s designated representatives who choose to attend,
at the time, date, and location stipulated in the tender documents. The Bidders’
representatives who are present shall sign a register evidencing their attendance.



“In the event of the specified date for the opening of bids being declared a holiday for the
Owner, the bids received upto the appointed time will be opened on the next working
day.”


1.20.2

Envelopes marked “WITHDRAWAL” shall be opened first and the name
of the Bidder
shall be read out. Bids for which an acceptable notice of withdrawal has been submitted
pursuant to ITB Clause shall not be opened.


1.20.3

The bidders’ names, the Bid Prices, including any alternative Bid Price or deviation, any
discounts, a
nd any such other details as the Owner may consider appropriate, will be
announced by the Owner at the opening. Subsequently, all envelopes marked
“MODIFICATION” shall be opened and the submissions therein read out in appropriate
detail. No bid shall be re
jected at bid opening except for late bids pursuant to ITB Clause
1.18.


1.20.4

The Owner shall prepare minutes of the bid opening, including the information disclosed
to those present in accordance with ITB Sub
-
Clause 1.20.3.


1.20.5

Bids not opened and r
ead out at bid opening shall not be considered further for
evaluation, irrespective of any circumstances.


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1.21

CLARIFICATION OF BIDS



During bid evaluation, the Owner may, at its discretion, ask the Bidder for a
clarification of its bid. The request for

clarification and the response shall be in
writing, and no change in the price or substance of the bid shall be sought, offered
or permitted.


1.22

PRELIMINARY EXAMINATION OF BIDS



1.22.1

The Owner will examine the bids to determine whether they are co
mplete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether the bids are generally in
order.


1.22.2

Arithmetical errors will be rectified on the follo
wing basis. If there is a discrepancy
between the unit price and the total price, which is obtained by multiplying the unit price
and quantity, or between subtotals and the total price, the unit or subtotal price shall
prevail, and the total price shall be

corrected. If there is a discrepancy between words and
figures, the amount in words will prevail. If the Bidder does not accept the correction of
errors, its bid will be rejected.


1.22.3

The Owner may waive any minor informality, nonconformity or irregul
arity in a bid that
does not constitute a material deviation, whether or not identified by the Bidder in its bid,
and that does not prejudice or affect the relative ranking of any Bidder as a result of the
technical and commercial evaluation, pursuant to I
TB Clauses 1.25 and 1.26.


1.22.4

Prior to the detailed evaluation, the Owner will determine whether each bid is of
acceptable quality, is complete and is substantially responsive to the bidding documents.
For purposes of this determination, a substantiall
y responsive bid is one that conforms to
all the terms, conditions and specification of the bidding documents without material
deviations, objections, conditionality or reservations. A material deviation, objection,
conditionality or reservation is one




i.

that affects in any substantial way the scope, quality or performance of the

contract;

ii.

that limits in any substantial way, inconsistent with the bidding documents, the
Owner’s rights or the successful Bidder’s obligations under the contract;

i
ii.

whose rectification would unfairly affect the competitive position of other bidders
who are presenting substantially responsive bids.


1.22.5

Bids containing deviations from the following critical provisions relating to Conditions of
Contract Clauses w
ill be considered as non
-
responsive.


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Sl. No.


Provisions











i.



Governing Law






ii.



Settlement of Disputes





iii.



Terms of payment






iv.



Performance Guarantee






v.



Taxes and duties






vi.



Completion time guarantee and liqu
idated damages





vii.



Defect Liability






viii.



Patent Indemnity






ix.



Limitation of Liability





However, the bidders wishing to propose deviations to any of the above provisions must
provide in the bid, with the cost of withdrawal of such
deviations. If the deviation to any
of these provisions is not priced, the bid will be rejected. The evaluated cost of the bid
shall include, in addition to the cost described in ITB Clause 1.24, the cost of withdrawal
of the deviations from the above prov
isions to make the bid fully compliant with these
provisions.


At the time of Award of Contract, if so desired by the Owner, the bidder shall withdraw
these deviations listed in the bid at the cost of withdrawal stated by him in the bid. “In
case the bidde
r does not withdraw the deviations proposed by him, if any, at the cost of
withdrawal stated by him in the bid, his bid will be rejected and his bid security
forfeited”,


If a bid is not substantially responsive, it will be rejected by the Owner, and may
not
subsequently be made responsive by the Bidder by correction of the nonconformity. The
Owner’s determination of a bid’s responsiveness is to be based on the contents of the bid
itself without recourse to extrinsic evidence.


1.23

TECHNICAL EVALUATION


1.23.1

The Owner will carry out a detailed evaluation of the bids previously determined to be
substantially responsive in order to determine whether the technical aspects are in
accordance with the requirements set forth in the bidding documents. In order
to reach
such a determination, the Owner will examine and compare the technical aspects of the
bids on the basis of the information supplied by the bidders, taking into account the
following factor.


i.

Overall completeness and compliance with the Technica
l Specifications and
Drawings; deviations from the technical Specifications as identified in the bid;
suitability of the facilities offered in relation to the environmental and climatic
condition prevailing at the site; and quality, function and operation
of any
process control concept included in the bid. The bid that does not meet
minimum acceptable standards of completeness, consistency and detail will be
rejected for non
-
responsiveness.

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ii.

Achievement of specified performance criteria by the facilitie
s.


iii.

Type, quantity and long
-
term availability of mandatory and recommended
spare parts and maintenance services.


iv.

Any other relevant factor, if any, that the Owner deems necessary or prudent
to take into consideration.


1.23.2

Where alternative te
chnical solutions have been permitted and offered in the bid, the
Owner will make a similar evaluation of the alternatives, which will be treated in the
technical and commercial evaluations as if they were base bids. Where alternatives are
not permitted, b
ut have in any event been offered, they shall be ignored.


1.24

COMMERCIAL EVALUATION


1.24.1

The comparison shall be of the EXW price of plant and equipment offered from within
the Owner’s country, such price to include all costs as well as duties and ta
xes paid or
payable on components and raw material incorporated or to be incorporated in the plant
and equipment, with the price of the CIF
-
named port of destination (or CIP border point
or CIP
-
named place of destination) offered from outside the Owner’s c
ountry, plus the
cost of local transportation, all installation and other services required under the contract.
The Owner’s comparison will also include the cost resulting from application of the
evaluation procedures described in ITB Clause 1.26.


1.24.2

The Owner’s evaluation of a bid will take into account, in addition to the bid price
indicated in Price Schedule the following costs and factors that will be added to each
Bidder’s bid price in the evaluation using pricing information available to the Owne
r, in
the manner and to the extent indicated in ITB Clause 1.26 and in the Technical
Specification.


i.


The cost of all quantifiable deviations and omissions from the contractual and
commercial conditions and the technical Specifications as identified in
the bid.


ii.


Compliance with the time schedule called for in the corresponding Appendix to the Form
of Contract Agreement and evidenced as needed in a milestone schedule provided in the
bid.


The estimated effect of the price adjustment provisions of the

conditions of contract,
applied over the period of execution of the contract, shall not be taken into account in bid
evaluation.


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1.24.3

Pursuant to ITB Clause 1.26, the following evaluation methods will be followed;


i


Contractual and commercial deviat
ions


The evaluation shall be based on the evaluated cost of fulfilling the contract in
compliance with all commercial, contractual and technical obligations under this
bidding document. In arriving at the evaluated cost, the price for withdrawal of
devia
tions shown in the bid will be used, if necessary.


ii.

Time Schedule (program of performance)


The civil construction works, plant and equipment covered by this bidding are required
to be shipped, and the facilities shall have the pre
-
commissioning comple
ted within the
specified period after the effective date specified in the Form of Contract Agreement.
Bidder are required to base their prices on the time schedule given in the
corresponding Appendix to the Form of Contract Agreement (Time Schedule) or,
wh
ere no time schedule is given, on the completion date(s) given in the Bid.
No
credit will be given for earlier completion. Where an Alternative Time Schedule is
accepted, pursuant to ITB Sub
-
Clause 1.8.3 (vii) and where the completion date offered
is withi
n the limits specified in the Sheet, bids offering a completion date beyond the
minimum designated period shall be adjusted in the evaluation by adding a factor
specified in the Bid to the bid price. Bids offering a completion date beyond the
maximum desig
nated period shall be rejected.


1.25

CONTACTING THE OWNER


1.25.1

From the time of bid opening to the time of contract award, if any Bidder wishes to
contact the Owner on any matter related to its bid, it should do so in writing.


1.25.2

Any effort by a
Bidder to influence the Owner in the Owner’s bid evaluation, bid
comparison or contract award decisions may result in rejection of the Bidder’s
bid.


1.26

POST

QUALIFICATION FOR AWARD OF CONTRACT


1.26.1

In the absence of pre
-
qualification, the Owner wil
l determine to its satisfaction whether
the Bidder selected as having submitted the lowest evaluated responsive bid is qualified
to satisfactorily perform the contract.


1.26.2

The determination will take into account the Bidder’s financial, technical and
production
capabilities, in particular the Bidder’s contract work in hand, future commitments and
current litigation. It will be based upon an examination of the documentary evidence of
the Bidder’s qualifications submitted by the Bidder in the bid, as wel
l as such other
information as the Owner deems necessary and appropriate.


1.26.3

An affirmative determination will be a prerequisite for award of the contract to the
Bidder. A negative determination will result in rejection of the Bidder’s bid, in which
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e
vent the Owner will proceed to the next lowest evaluated bid to make a similar
determination of that Bidder’s capabilities to perform satisfactorily.


1.26.4

The capabilities of the vendors and subcontractors proposed in the bid to be used by the
lowest ev
aluated Bidder will also be evaluated for acceptability. Their participation
should be confirmed with a letter of intent between the parties, as needed. Should a
vendor or subcontractor be determined to be unacceptable, the bid will not be rejected,
but th
e bidder will determined to be unacceptable, the bid will not be rejected, but the
Bidder will be required to substitute an acceptable vendor or subcontractor without any
change to the bid price.


1.27

AWARD CRITERIA


1.27.1

Subject to ITB Clause 1.31, th
e Owner will award the contract to the successful Bidder
whose bid has been determined to be substantially responsive and to be the lowest
evaluated bid, further provided that the Bidder is determined to be qualified to perform
the contract satisfactorily.


1.27.2

The Owner may request the Bidder to withdraw any of the deviations listed in the
winning bid, at the price shown for the deviation in to the bid.


1.27.3

The Owner reserves the right to vary the quantity of any of the spares and/or delete any
item
s of spares altogether at the time of Award of Contract.


1.27.4

The mode of contracting with the successful bidder will be as briefly indicated below:



In the case of successful Bidder, the award shall be made:


For design, Supply of material, Working pe
rsonal, Supervisors etc. for construction
works of all the components of this project. Supply of all equipments and materials
including mandatory spares identifying separately the CIF/CIP and Ex
-
Works
components of the supply,



For providing all services
i.e. inland transportation for delivery at Site, unloading,
storage, handling at site, installation, Testing and Commissioning including performance
testing in respect of all the equipments and services required for successful
commissioning, operation and
subsequent maintenance works of the project as detailed in
the specification.


1.28

OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL
BIDS


1.28.1

The Owner reserves the right to accept or reject any bid, and to annul the bidding process
and reject

all bids at the 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 of the grounds for the Owner’s action.

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1.28.2

The Owner at his discretio
n may not accept the lowest or any offer or a part of any offer
without assigning any reason. The Owner also reserve its right to accept any or all the
items, partial or full quantity offered without assigning any reason/s what so ever.


1.28.3

Non
-
Accepta
nce of the conditions 1.28.1 & 1.28.2 as mentioned above shall be specially
mentioned in the bid, failing which it shall be deemed to have been accepted by the
tenderer. No claim in this regard shall be entertained at any time after opening of the
tender.


1.29

NOTIFICATION OF AWARD


1.29.1

Prior to the expiration of the period of bid validity, the Owner will notify the successful
Bidder in writing by registered letter or by cable/e
-
mail, to be confirmed in writing by
registered letter, that its bid has be
en accepted. The notification of award will constitute
the formation of the contract.


1.29.2

Upon the successful Bidder’s furnishing of the performance security pursuant to ITB
Clause 1.31, the Owner will promptly notify each unsuccessful Bidder and will
discharge
its bid security, pursuant to ITB Clause 1.12.


1.30

SIGNING THE CONTRACT AGREEMENT


1.30.1

At the same time as the Owner notifies the successful Bidder that its bid has been
accepted, the Owner will send the Bidder the Contract Agreement provi
ded in the
bidding documents, incorporating all agreements between the parties.


1.30.2

Within
thirty (30) days
of receipt of the letter of intent/copy of Contract Agreement, the
successful Bidder shall sign and date the Contract Agreement and return it to

the Owner.


1.31

PERFORMANCE SECURITY DEPOSIT


1.31.1

Within thirty (30) days after receipt of the notification of award, the successful Bidder
shall furnish the security deposit in the prescribed form or in another form acceptable to
the Owner.


1.31.2

Failure of the successful bidder to comply with the requirements of ITB Clause 1.30 or
Clause 1.31 shall constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security, in which event the Owner may make the award to the nex
t
lowest evaluated Bidder or call for new bids.


1.32

CORRUPT OR FRAUDULENT PRACTICES


The Owner requires that the bidders/ Suppliers/Contractor, observe the highest standard
of ethics during the procurement and execution of contracts. In pursuance of this

policy,
the Owner defines, for the purposes of this provisions, the terms set forth as follows:

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i.

“corrupt practice” means the offering, giving, receiving or soliciting of any thing of
value of influence the action of a public official in the procuremen
t process or in
contract execution; and


ii.

“fraudulent practice’ means a misrepresentation of facts in order to influence of
procurement process or the execution of a contract to the detriment of the Owner, and
includes collusive practice among bidders (
prior to or after bid submission) designed
to establish bid prices at artificial non
-
competitive levels and to deprive the Borrower
of the benefits of free and open competition;


iii.

will reject a proposal for award if it determines that the bidder recomm
ended for
award has engaged in corrupt or fraudulent practices in competing for the contract in
question;


iv.

if the contractor or any of his employees or agents directly or indirectly gives promise
or offers any gratuity, gift, loan, reward for advantage
, pecuniary or otherwise to any
public officer, or person in the employment of Government and the
Kargil Renewable
Energy Development Agency, Kargil, J&K
, or in any way directly or indirectly tries
to influence the action of any such employees in any way r
elating to his office or
employment, the contract shall be liable to be rescinded. In the event of the contract
being rescinded the security deposit of the contractor shall stand forfeited to the
Kargil Renewable Energy Development Agency, Kargil, J&K



1.
33

CO
-
ORDINATION WITH CIVIL CONTRACTOR


The successful bidder will have to co
-
ordinate with the civil contractor, for smooth and
timely execution of the Project. The bidder without any loss of time shall furnish all the
information and details, which are
necessary for civil works to progress. Similarly all the
materials required for progress of civil works shall be supplied in time in consultation
with the civil contractor.


1.34

FIRM REGISTERED WITH D.G.S. & D


The tenderer must state if he is registered
with D.G.S. & D for the supply of the
equipments/stores or execution of works. The tenderer must state their current
registration number and date and also furnish a true attested copy of such registration. In
case any or part of the stores/equipment requir
ed against the tender specification is on the
rate contract with D.G.S.& D., New Delhi such details must be furnished in the tender
giving reference number and date of the relevant notification etc. In such event a copy of
the relevant notification may als
o be furnished alogwith the Tender.


1.35

DELIVERY OF EQUIPMENT


Early delivery of equipment shall be preferred. The tenderer shall quote for stores
delivery of the equipments under penalty. The time/date of delivery shall be reckoned
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from the date of issu
e of LETTER OF INTENT. The work/supply shall be considered
complete/finished only, if the Engineer has issued a certificate to that effect.


1.36

QUANTITY


The requirement mentioned in the schedule of quantity is tentative and is subject to
increase or de
crease at the time of finalizing the tender.


1.37

RIGHT TO SPLIT ORDER


KREDA

reserves the right to split up the order amongst various tenderers and has the
right not to accept the lowest or any other tender either in whole or in part without
assigning a
ny reason for such non
-
acceptance.


1.38

RIGHT TO AMEND SPECIFICATION



The Owner reserves the right to amend the specifications, drawings, other conditions.
However such revisions or amendments shall be communicated to all Owners of the
specification bef
ore opening of the tender.


1.39

FINANCIAL RESOURCES AND EXPERIENCE


The tenderer shall submit alongwith his tender a statement regarding his previous
experience in performing similar or comparable work and of business technical
organization, financial re
sources and manufacturing facilities available.


1.40

FOREIGN EXCHANGE


Only tender offering materials without involving any foreign exchange commitment or
help for procuring import license foreign exchange release etc. on the part of the Owner
shall be c
onsidered.


1.41

PATENTS/AND/OR COPYRIGHTS

The contractor shall indemnify the department, its representatives or its employees
against any action, claims or proceeding relating to infringement or use of any patent or
design rights and shall pay any roya
lties or other charges which may be payable in
respect of any
clause

or material or part thereof included in the contract. In the event if
any claim being made and objection being brought against the department in respect of
any such matters as aforesaid t
he contractor shall immediately be notified thereof,
provided that such indemnity shall not apply when such infringement has taken place in
complying with the specific directions issued by the department, but the contractor shall
pay any royalties or other

charges payable in respect of any such use, the amount so paid
being reimbursed to the contractor only if the use was result of any drawings and/or
specification issued after submission of the tender.


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1.42

ACCESS TO THE CONTRACTOR’S BOOK

Whenever it is c
onsidered necessary by the Engineer
-

in


charge
/consultant

to ascertain
the actual cost of execution of any particular extra item of work or supply of plant or
material on which advance is to be made for extra items or claims, he shall direct the
contract
or to produce the relevant documents such as pay rolls, records of personnel,
invoices of material and any or all data relevant to the item and necessary to determine its
cost etc, and the contractor shall, when so required furnish all information pertaini
ng to
the aforesaid items in the mode and manner that may be specified by the Engineer
-
in
-
charge
/consultant
.



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B
-

GENERAL CONDITIONS OF CONTRACT


1.1

SCOPE



The scope of work includes design, detailed engineering of Civil and E&M works,
manufacture/pr
ocurement of equipment, shop testing, packing, transportation, loading &
unloading, delivery, storage at site, handling, erection, pre
-
commissioning, test and
commissioning of all equipment/ systems including preliminary acceptance test,
performance guaran
tee as set fourth in these specifications on turnkey execution basis.


Insurance during transit, storage, erection and commissioning of all the equipment and
accessories is included in the scope. Provision of commissioning, spares required during
testing
and commissioning is also included in the scope.


1.1.1

The equipment(s) shall be supplied complete in all respects i.e. with all fittings/ accessories,
apparatus and parts that are necessary for their usual efficient operation. Such parts shall be
deemed
to be within contractor’s scope whether specifically mentioned or not.


1.1.2

The General Conditions of Contract and detailed technical specifications are supplementary
to each other and are essential for complete interpretation of the requirements of the

Owner.


1.2

DEFICIENT ITEMS UNDER CONTRACT


In the event of any omission of items for successful operation and subsequent
maintenance of work in the agreement, such items as needed to complete and commission
the project shall be deemed to be included in
the schedule of work as the contract is a
lump sump fixed tender on turnkey basis.


1.3

MANUALS


The contractor shall furnish
Six sets
of bound copies of erection, commissioning and
operation, maintenance manuals giving detailed instructions, procedures,
precautions for
all the equipments to the Owner. The manuals shall be specific to the equipment supplied
and work carried out and not of general nature. Three sets of these manuals shall also be
supplied with each set of equipment/ work.


1.4

SAFETY


1.4.
1

GENERAL

The provision detailed here under are supplementary to safety requirements as stipulated
in central, state or local bodies laws, rules, regulations etc. applicable for the time being
as amended from time to time. Where the provision conflict with

the enforcement laws,
by reason of amendment or any other causes, the stipulation of the aforementioned laws,
etc. shall govern.


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1.4.2

SAFETY PROVISIONS


The contractor shall arrange for the safety in his operation as required including the