Table of Clauses

A. General
1. Scope of Bid 1
2. Sources of funds 1
3. Eligible bidders 1-2
4. Eligible Material, Plant, Supplies, Equipment & 2
Services
5. Qualification of Bidders 2-10
6. Nature of Bidders 10-17
7. Cost of Bidding 17
8. Site Visit 17-18
B. Bid Documents
9. Content of Bid Documents 18
10. Clarification of Bidding Documents 19
11. Amendment of Bidding Documents 19
C. Preparation of Bids
12. Language of Bid 19
13. Documents Comprising the Bid 19-25
14. Letter of tender and Price Schedules 25
15. Bid Prices 25-26
16. Currencies of Bid & Payment 26
17. Bid Validity 26-27
18. Bid Security 27-28
19. Pre- Bid meeting 28
20. Format and Signing of Bid 28-29
D. Submission of Bids
21. Preparation, uploading and submission of bids 29-32
22. Deadline for Submission of Bids 32
23. Late Bids 33
24. Modification,subsitution and Withdrawal of Bids 33
E. Bid Opening and Evaluation
25. Bid opening 33
26. Process to be confidential 34
27. Clarification of Bids 34
28. Preliminary Examination of Bids and determination of 34-35
responsiveness
29. Deleted 35
30. Evaluation and Comparison of Bids 35-42
F. Award of Contract
31. Award 43
32. Employer’s Right to Accept Any Bid and to Reject Any 43
or All Bids
33. Notification of Award 43
34. Signing of Agreement 43
35. Performance Security 44
36. Deleted 44
37. Corrupt and fradulent practices 44-45
38. Compliance of Public Procurement Policy for Micro 46
and Small Enterprises (MSEs) – 2012
39. Restrictions Imposed by Govt. Of India 46
40. Compliance of Public Procurement Policy (Preference 46
to make in India) Order 2017 and as amended from
time to time
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A. General

1.1
The SJVN Ltd., having its registered and corporate office at Shakti
1. Scope of Bid
Sadan, SJVN Corporate Head Quarters, Shanan, Shimla-171006,
Himachal Pradesh H.P., hereinafter referred to as the “Employer",
wishes to receive bids for the Execution of Works, as described in
this Bid Document and summarized in the Bid Data Sheet (BDS),
hereinafter referred to as the “Works". The bids shall be submitted
online through [Link]

1.2 The successful bidder will be required to complete the ‘Works’

within the period stated in the ‘BDS’ from the effective date as
defined in GC Clause 1.22.

1.3 Throughout these Bid Documents, the terms bid and tender and
their derivatives (bidder/tenderer, bid/tender, bidding/ tendering
etc.) are synonymous, day means calendar day. Singular also
means plural, unless these are repugnant to the context.

2. Sources of 2.1 The Project envisages a debt-equity ratio of 70: 30.

funds

3. Eligible 3.1 This invitation to bid is open to all the National/domestic bidders
bidders who meet the Qualification Criteria as per Clause-5.5 hereunder

3.2 Bidders should not have been banned/ de-listed/ black listed/
debarred from business by Ministry of Power, Government of
India/any PSU/any Government Department during last 03 (three)
years on grounds of corrupt/fraudulent practices and/or by Ministry
of Power, Government of India/SJVN on any grounds.
3.3 To improve transparency and fairness in the tendering process the
Employer is implementing Integrity Pact. Integrity Pact is deemed
as part of the contract so that the prospective bidders are bound
by its provisions.
The Integrity Pact, signed by all the prospective Bidders and the
Employer, shall commit the persons/officials of both the parties, not
to exercise any corrupt /fraudulent/collusive/coercive practices in
the Tendering process and also during implementation of the
Contract. Only those Bidders who have entered into Integrity Pact
with the Employer shall be eligible to participate in the bidding
process. Bidders signing Integrity Pact shall not approach the
Courts while representing the matters to IEMs and he/she will
await their decision in the matter.
Entering into Integrity Pact as per Performa (enclosed in Section
VIII) is a basic qualifying requirement. In case of JV, each partner
of JV shall sign Integrity Pact with the Employer. In case of sub-
contracting, the Principal contractor shall be responsible for

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adoption of Integrity Pact by the sub-contractor.

To oversee the compliance of obligation under the Integrity Pact, a
panel of Independent External Monitor(s) (IEM) have been
appointed by concerned authority. The Contact address of IEM is
as under:

[Link]. Manoj Pant, 2. Dr. Davendra Verma,

IFoS (Retd.), 604, Tower-14,
Independent External Purvanchal Royal City, Chi V,
Monitor, House no. 70, Usha Greater Nodia, G.B. Nagar
Colony, Sahastradhara (UP) 201310
Road, Dehradun-248013 Mobile No. - 9868501919
Uttarakhand Email-
Email: [Link]@[Link]
mpant2007@[Link]

The Integrity Pact duly signed on behalf of the Employer is given in

Forms & Procedures of these Bid Documents. The Integrity Pact
shall be downloaded, printed and signed by the bidder and the
hard copy shall be submitted as provided in clause of ITB.
The successful bidder shall submit duly executed Integrity Pact on
Non-Judicial stamp paper of appropriate value prior to signing of
Contract Agreement.

3.4 The bidder shall have valid EPF Code, Permanent Account
Number (PAN) and GST No.

4. Eligible 4.1 The materials, Plant or Contractor’s Equipment (Equipment), other

Materials, supplies, and services to be provided under the contract shall have
Plant, their origin in eligible source countries, defined under the
supplies Government of India Guidelines, and all expenditures made under
Equipment the contract will be limited to such materials, Plant or Contractor’s
and Services Equipment, other supplies, and services.
4.2 For purposes of Sub-clause 4.1 above, origin means the place
where the materials, Plant, Equipment, and other supplies are
mined, grown, produced, or manufactured, and from which the
services are supplied.
5. Qualification 5.1 Bidders shall, as part of their bid:
of Bidder a) submit a written power of attorney (POA) as per sub-clause
21.6 (ii) of ITB authorizing the signatory of the bid to commit
the bidder;
i) In case of a General Power of Attorney, a true
copy of the POA shall be duly notarized by Notary
Public along with a declaration from the Company
Secretary /Corporate Secretary endorsing the
validity of the Power of Attorney.
ii) In case of a specific Power of Attorney, the original
POA along-with a copy of the resolution of Board of

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Directors for the specific appointment. In case of

delegation by a General POA holder, the
documents as sought under (i) above shall be
submitted alongwith the original specific POA.

b) DELETED

c) Each bidder shall duly fill in the prescribed attachments

along-with relevant experience certificates, Annual reports
and other information evidencing proof of their meeting the
qualification criteria stipulated herein.

d) Submit an offer which is clear, comprehensive,

unambiguous and complete in all respects including all
necessary technical, contractual and commercial
information.

e) Submit a Declaration, as per Proforma given in

Attachment - 3 confirming that the bid submitted by the
bidder is strictly in conformity with the documents issued
by the Employer.
5.2 Bid submitted by a joint venture of not more than two
firms/companies, as partners shall comply with the following
requirements:

a) the bid shall include all the information listed in

Sub-Clause 5.1 above;

b) E-procurement portal permits only one person having

Digital Signature Certificate (DSC) and registration etc. at
the portal. In such a case, the lead partner shall register
itself with the portal. The legally authorized signatory
having notarized Power of Attorney of the partners of Joint
Venture shall authorize lead partner to carry out bidding
process through portal. An undertaking that the bidding
process carried out by the person authorized by the lead
partner at the portal is deemed to have been carried out by
all the partners and the bid submitted online is binding on
them is to be submitted in hard copy as per clause 21.6 of
ITB. In case of a successful bid, the Agreement, shall be
signed by all the partners so as to be legally binding on all
partners;

c) one of the partners shall be authorized as the lead

partner, who shall receive instructions and incur liabilities
for and on behalf of the joint venture during pre-award and
post-award (if awarded).

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d) all discussions, bid clarifications and negotiations, if any,

during pre-award stages shall be done with the lead
partner alongwith other partners;

e) The JV shall open a dedicated account in which the

payments against the Contract shall be made to the joint
venture. The payments released to the JV shall be solely
utilized for the said work and shall not be diverted for other
purposes without prior permission of Employer.

f) all partners of the joint venture shall be liable jointly and

severally for the Execution of the Contract in accordance
with the contractual terms, and a statement to this effect
shall be included in the bid and in the Agreement (in case
of a successful bid).

5.3 Bids submitted by a Bidder with Manufacturer(s), shall comply with

the following minimum requirements:

(i) The Bidder and his Manufacturer(s) should submit separate

undertakings (as per Attachment-4) that the Bidder/
Manufacturer(s) shall be responsible for Execution of that
item of work for which they claim to have specific experience.

(ii) In order to ensure serious participation of the Manufacturer(s)

for work proposed to be executed by the Manufacturer(s), a
Joint Deed of Undertaking (as per format enclosed in
Contract forms) shall be required to be submitted by the
Contractor and Manufacturer(s). Besides this,
Manufacturer(s) shall submit an additional Performance Bank
Guarantee equivalent to 5% of corresponding value of work
sublet in addition to Performance Bank Guarantee for whole
Contract submitted by the bidder on award of work.

5.4 Bids by Merged/Acquired/Subsidiary Company shall comply with

the following minimum requirements:

(i) Commitment by the parent/holding company to sign a

separate agreement with SJVN Ltd. (Attachment- 5)
confirming full support for the technical and financial
requirements of the subsidiary company and commit to
take up the work itself in case of non-performance by the
subsidiary company in the

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event of award of the work to the subsidiary company.

(ii) Parent/holding company shall submit an undertaking

alongwith the bid (Attachment- 5) that in case Bidding
Company(Subsidiary Company)gets qualified and awarded
the work package on the strength of Parent/holding
Company, Parent/holding company shall furnish an
additional performance bank guarantee of value equivalent
to (5%) five percent of the Contract Price or the portion of
work (where the subsidiary company is Joint Venture
Partner) as the case may be, in addition to normal
Performance Bank Guarantee to be submitted by the
Bidder to the Employer besides entering into a separate
Agreement. (as per format enclosed at Contract
forms).
5.5 The minimum qualifying requirement for the eligible bidders
is as under:
The minimum qualifying requirements are as under:

5.5.1 General Experience:

Experience as prime contractor or as partner in a joint

venture or Manufacturer or Sub-contractor approved
by the Employer of executing Electromechanical
Contract of Hydro Electric Project having value of INR
418.09 Crores or more in last 20 years to be reckoned
from the last day of the month previous to the one in
which bids are invited.

5.5.2 Specific Experience:

Successful experience, either by the Bidder itself or by

the proposed manufacturer who have given
authorization to the bidder in required format in
design, engineering, manufacturing, erection, testing
and commissioning of the following electro-
mechanical items / works in preceding twenty (20)
years.

The beginning and end date to be adopted for

evaluation should fall within the preceding 20 years
reckoned from the last day of the month previous to
the one in which bids are invited.

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a) Turbine

Francis Turbine having rated output of 44 MW or

higher.
b) Generator

Vertical shaft synchronous generator having

rated output of 52 MVA or higher.
Notes:

c) Experience of Supervision of erection, testing

and commissioning of bidder shall also be
considered at par with own erection, testing &
commissioning of E&M equipment.

d) In case of financial value(s) mentioned in

foreign currency, the conversion rate shall be
applicable as on the corresponding date (i.e.
award date) pertaining to such financial
value(s). For conversion of equivalent foreign
currency, the Bills Clearing (B.C) selling market
rate of exchange (MRE) as published by State
Bank of India shall be considered.

5.5.3 Financial Capacity:

1. Net Worth
The net worth for last three financial years
should be positive.
However, the Net Worth shall be calculated as
per definition under clause no. 2(57) of
Companies Act 2013 as amended from time to
time.

2. Working Capital

Capacity to have a cash flow amount /working

capital of at least 58.34 Cr. or equivalent as
evident from the immediately preceding financial
year as per the audited balance sheet/ equivalent

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financial statements. Working capital/ cash flow

amount shall be calculated by subtracting current
liabilities (CL) from Current Assets (CA) i.e (CA-
CL).

3. Average Annual Turnover

The average annual turnover of the bidder in the

preceding three (3) consecutive financial years
should not be less than 250.85 Cr. or equivalent
(Certified by the Auditor of the Company if it is
not clearly indicated in the financial statement)
from related business.

Related business means turnover from hydro

business of the company.

General Notes for Financial Situation:-

e) The number of partners in case of Joint Venture

including lead partner shall not be more than
two (2). The lead partner must have minimum
50% participation in the JV and other partner(s)
shall have minimum 20% participation and
overall JV should meet the 100% requirement.

f) In case of JV-requirement of working capital/net

cash flow is to be distributed between partners
as per their percentage participation and every
partner should satisfy the minimum requirement
for his portion.

Example:- Let there are two partners of JV and Lead

Partner has percentage participation =A, other
Partner has percentage participation=B. If minimum
working capital/ net cash flow required is ‘W’ then
working capital/ net cash flow of Lead Partner

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should be WA/100, working capital/ net cash flow of

other partner should be W B/[Link]: Let
there are two partners of JV and Lead Partner has
turnover of X & percentage participation =A, other
Partner has turnover Y & percentage participation
=B, then the average annual turnover of JV will be
(AX+BY) / 100.

g) Turnover of the bidder/ partner from the related

business shall only be taken into consideration
for the purpose of evaluation. In case turnover
is not shown separately in the financial
statements, certificate from Chartered
Accountant certifying turnover shall be
submitted. Annual Report along with audited
Balance Sheets, Profit & Loss Accounts, the
schedules and other Financial Statements of
the immediately preceding three (3) years of
the Bidder should be furnished by the Bidder for
checking and evaluating their Financial
Capacity vis-à-vis the requirement stipulated
hereinabove.

In case, if the Bidder has not submitted the above

Annual report along with the Bid, then a certificate
from CEO/CFO of the Bidder shall be submitted
along with Bid mentioning that a requirement of
Annual report as per governing laws of the country
is not mandatory. In such cases duly notarized
copies of Audited Printed Annual Financial
statement (Balance sheet, Profit and Loss
statement, cash flow, statement, Auditor’s Report
thereon including all relevant schedules/ annexure
etc.) for the immediately preceding three (3) years
be submitted by the bidder along with the Bid.

h) In case where Audited financial results for the

immediately preceding year are not available,
then a statement of account as on the closing
date of the immediately preceding financial year
depicting the Turnover from related business,

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Net Worth and Working Capital (calculated as

per laid down criteria) duly certified by their
Statutory Auditor/ Certified Public Accountant
carrying out the Statutory Audit shall be
enclosed with the bid along with copy of
appointment letter of the Statutory Auditor.

i) Wherever, the Annual report/ duly Notarized

copies of the audited Printed annual Financial
Statement are in language other than English,
then copy duly translated & printed into English
language and certified by approved/ recognized
English translator shall be submitted with the
bid.

j) For the Purpose of compliance to the stipulated

turnover criteria given at Financial Criteria, the
turnover from joint Venture(s) as declared in the
Joint Venture Agreement shall also be
considered.

The proportionate JV turnover shall be certified by

their statutory Auditor in the absence of not
appearing the same in Audited Financial
statement.

k) For conversion to US$ or other foreign

currency, the exchange rate at the end of the
respective accounting year shall be considered.

For the conversion of equivalent foreign currency,

the Bill Clearing (B.C) Selling Market Rate of
Exchange (MRE) as published by State Bank of
India shall be considered.

5.5.4 Bid Capacity:-

The available Bid Capacity of the bidder of the date

after NIT, calculated as under should not be less than

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INR 836.18 Cr.: -

Available Bid Capacity = 2.0 x A x N – B,

Where;

A = Indexed value of maximum

value of works executed (in a
ongoing or completed project)
in any one year during last 5
years, keeping index of
inflation as 6% (compounded
annually) for calculating A at
present price level.
N = Number of years prescribed for
completion of the subject
Contract Package.
B = Value of existing commitments
(on the date after NIT) and
ongoing works to be completed
in the next ‘N’ years.”

The bidder shall submit a certificate from its statutory

auditors/ chartered accountant in support of
establishing “A” and “B” above, along with their bid.
6. Nature of 6.0 Bidder should either be a single entity or a JV formed for
Bidders
participating in the tendering for this Project. The bidder shall
be allowed to associate Manufacturer for certain components
in which he does not have the requisite experience. Each
Bidder shall submit only one Bid, either individually or as a
partner in a joint venture. A Bidder who submits or
participates in more than one Bid (other than as a
Manufacturer who can participate in more than one bid but
only in that capacity) shall cause all the proposals with the
Bidder’s participation to be disqualified.

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For evaluation of specific experience of various Bidders,

following criteria shall be considered:-

i. The evaluation of Bidder’s specific experience for a work

executed on JV basis shall be based on his role and scope of
work in such joint ventures. To establish his role and scope
of work in such Joint Venture contracts, the Bidders shall
adduce documentary evidence to the extent of his claimed
experience. In case the quantum of work as per experience
certificate does not match with the scope of work as defined
in the JV agreement, then the experience credentials shall be
considered as per the experience certificate issued by the
employer /client.

ii. For the portion of work executed through a Manufacturer,

full experience for that portion of work can be claimed by the
contractor as well as Manufacturer for fulfilling criteria for
evaluation of Bidder’s specific experience.

6.1 Joint Venture Bidders:

Joint Venture applications shall comply with the following

minimum qualifying requirements:
The number of partners in Joint Venture not to exceed two
(2) with one of the Partners being designated as Lead
Partner.

(i) Lead partner to fully meet the following:

 General experience and specific experience (at least
one item) criteria specified for the tender.

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 Average annual turnover not less than 50% of the

criteria specified under financial capacity.
 Working capital criteria shall be based on the %
participation.

(ii) The other partner to individually meet the following

requirements:-

 Average annual turnover not less than 20% of criteria

specified under Financial Capacity.
 Working Capital Criteria shall be based on the %
participation.
 The Specific Experience of the component other than
those met by lead partner.

(iii) All the partners of the Joint Venture to individually fulfill

the Net Worth criteria specified in the document.

(iv) The Joint Venture to collectively satisfy, as a whole, the

Financial as well as Technical Requirements specified.

(v) The ‘Bid Capacity’ requirement should be satisfied by

individual partner of Joint Venture in proportion to their
participation share of works in Joint Venture.

(vi) The parties forming Joint Venture shall be required to

submit a copy of the JV agreement already entered into for
the purpose. The agreement should contain the role and
responsibility of each constituent, the proposed participation

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share of each partner along with the items of work to be

executed by each partner. It shall also be brought out in the
JV agreement that in case the Contract is awarded to the JV,
each partner of the JV shall be responsible for execution of
that item of work for which he claims to have specific
experience.

(vii) Lead partner of Joint Venture shall have at least 50%

share.

6.2 Bidders with Manufacturer

In case the bidder does not have all the requisite specific
experience and also does not wish to enter into a joint
venture or wants to restrict the joint venture partnership, he
can associate manufacturer for specified activities in which
he does not have the relevant experience. The criteria to be
met by such bidder shall be as follows:

(i) The Bidder himself to fully meet the following:

 General experience and specific experience (at least
one item) criteria as specified in the document,
 All criteria mentioned under financial capacity,

(ii) The number of manufacturers not to exceed one (1) for

meeting the specific experience criteria.

(iii) The component work for which the bidder can propose

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manufacturer shall be clearly stipulated in the document.

(iv) The proposed manufacturer to individually meet one of

the specified criteria for the component work listed under
specific experience requirement which bidder himself is not
fulfilling.

(v) The bidder and his manufacturer should submit separate

undertakings that the Bidder / manufacturer shall be
responsible for execution of that item of work for which they
claim to have specific experience.

(vi) The bidder and his proposed manufacturer should

collectively satisfy as a whole all the specified experience
requirements.

(vii) Manufacturer shall submit Performance Bank Guarantee

equivalent to 5% of value of work sublet in addition to the
performance Bank guarantee for whole contract submitted by
the bidder on award of work.

6.3 Bids by Merged/Acquired/Subsidiary Companies:

In case of a Bidder Company, formed after merger and/or

acquisition of other companies, past experience and other
antecedents of the merged/acquired companies will be
considered for qualification of such Bidder Company
provided such Bidder Company continues to own the
requisite assets and resources of the merged/acquired

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companies needed for execution and successful

implementation of the work package put to tender.

If the Bidder Company is a Subsidiary Company and applies

for bid on the unconditional technical and financial strength of
the Parent/Holding Company, the same shall be considered
provided the Parent/Holding Company commits to sign a
Separate Agreement with SJVN (as per Format contained in
the Contract forms) confirming full support for the technical
and financial requirements of the Subsidiary Company and
commits to take up the works itself in case of non-
performance by the Subsidiary Company in the event of
award of the works to the Bidder Subsidiary Company. An
undertaking by the Parent/Holding Company to this effect
shall be submitted along with the bid (as per attachments). A
Subsidiary Company intending to pre-qualify on the strength
of Parent/Holding Company shall not be allowed to
participate as a ‘manufacturer’.

For the purpose stated herein above in this clause, ‘Parent

Company’ shall mean the ‘Holding Company’ owning majority
(more than 50%) shares of such Bidder (Subsidiary)
Company. Similarly by extensions of this interpretation, if “A”
is owned by a ‘Holding Company’ “B” which in turn is owned
by another ‘Holding Company’ “C”, then “C” is construed as
the ‘Parent Company’ of “A” as well of “B” and so on. An
apex ‘Parent Company’ may own number of independent
Subsidiary/Group Companies and if any of these
Subsidiary/Group Company commits assured support and

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unhindered access to its assets and resources to another

Subsidiary/Group Company (Bidder in this case) under the
same apex ‘Parent Company’ then experience and other
credentials of such Subsidiary/Group Company shall be
considered for bid of the Bidder Subsidiary Company
provided such commitment is evidenced/authorized and
guaranteed by the apex ‘Parent Company’.

In case Bidder Company (Subsidiary Company) gets

qualified and awarded the work package, the Parent/ Holding
Company will be required to furnish an additional
performance bank guarantee of value equivalent to (5%) five
percent of the Contract Price or portion of work (where the
subsidiary company is Joint Venture Partner) as the case
may be, in addition to normal Performance Bank Guarantee
to be submitted by the Bidder Company to the Employer
besides entering into a separate Agreement as per Contract
forms. The experience of subsidiary companies of the
Parent/ Holding Company will be considered experience of
the Parent/ Holding Company.
In case a Subsidiary Company participates on the strength of
its Apex ‘Parent company’, the Consolidated Financial
Statement of Apex ‘Parent company’(excluding Financial
Statement of Joint ventures) shall be considered for
evaluation of Financial Capacity of the bidder.

6.4 Bids by MSME:-

‘MSME Development Act 2006’ is applicable to all contractors/
suppliers/service providers. Therefore information as per
Attachment-9 to Letter of tender appended hereto is required to
be submitted/enclosed by the bidder along with bid.
a. Tender Document fee:
Micro and Small Enterprises (MSEs) under their single

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point Registration Scheme for the goods/services at NSIC

are exempted from furnishing the cost of tender document
fees. They should furnish a Notarized copy of the valid
registration certificate/letter issued by NSIC in their favors,
for the goods/services covered under this tender document.
No other bidders are exempted from furnishing cost of
tender fee.

b. Bid Security / EMD:

Micro and Small Enterprises (MSEs) Units registered with
NSIC under their Single Point Registration Scheme for the
goods/services at NSIC are exempted from furnishing the
Bid Security deposit/EMD. They should furnish with the Bid
a Notarized copy of the valid registration certificate issued
by NSIC in their favour, for the goods/services covered
under this Tender document. No other bidders are
exempted from furnishing Bid Security/EMD.
Bids received unaccompanied by either an acceptable Bid
Security or a photocopy copy of valid certificate of
registration issued by NSIC shall be rejected as being non-
responsive and returned unopened to the bidders.

c. Purchase Preference in favour of MSEs registered with NSIC:

Micro and, Small Enterprises (MSEs) Units registered with
NSIC under their Single Point Registration Scheme for the
goods/services, covered in this Tender document shall also
be eligible for the Purchase Preference.
The participating MSEs in a tender, quoting price within the band
of L1+15% may also be allowed to supply a portion of the
requirement by bringing down their price to L1 price, in a situation
where L1 price is from someone other than an MSEs. Such MSEs
may be allowed to supply up to 20% of the total tender value. In
case more than one such eligible MSEs, the supply will be shared
equally. Where splitting of quantity is not possible, the award shall
be given to L1 bidder only.

Out of 25% target of annual procurement from MSEs, a sub target

of 5% will be earmarked for procurement from MSEs owned by
SC/ST entrepreneurs and 3% will be earmarked for MSEs owned
by women. However, in the event of failure of such MSEs to
participate in the Tender Process or meet the tender requirements
and the L1 price, the 5% sub-target for procurement earmarked for
MSEs owned by SC/ST entrepreneurs and 3% sub-target
earmarked for MSEs owned by women will be met from other

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MSEs.
7. Cost of 7.1 The bidder shall bear all costs associated with the preparation and
Bidding submission of its bid, and the Employer will in no case be
responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
[Link] visit 8.1 The bidders in their own interest, should inspect and examine the
site and its surroundings and satisfy themselves, before submitting
their bid, in respect of the site conditions including but not restricted
to the following which may influence or affect the Works or cost
thereof under the Contract:

a) Site conditions including access to the Site, existing and

required roads and other means of transport/ communication
for use by them in connection with the Works;

b) Requirement and availability of land and other facilities, for

their enabling works, colonies, stores and workshops etc.
Such land shall be arranged by the Contractor at his own
cost,

c) Source and extent of availability of suitable materials

including water, etc. and labour (skilled and un-skilled),
required for Works and laws and regulations governing their
use and employment;

d) The type of Equipment and facilities needed, preliminary to,

for and in the performance of the Works; and

e) All other information pertaining to and needed for the Works

including information as to the risks, contingencies and other
circumstances which may influence or affect the work or the
cost thereof under this Contract

f) Environmental aspects.

g) All applicable taxes, duties, royalty, cess, octroi etc.

h) Construction Power

i) Availability of water at site.

j) Perform logistic route survey as per GTS

8.2 The bidders should note that information, if any, in regard to the site
and local conditions, in these Bid Documents is indicative only and
has been given merely to assist the bidders and is not exhaustive.
8.3 The bidders should note and keep in mind that the Employer
shall bear no responsibility for former’s lack of acquaintance of the
Site and other conditions or any information relating thereto. The

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consequences of the lack of any knowledge, as aforesaid, on the

part of the bidders shall be at their risk and cost and no charges or
claims whatsoever consequent upon the lack of any information,
knowledge or understanding shall be entertained or payable by the
Employer.
8.4 The bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and lands for
the purpose of such visit, but only upon the express condition that
the bidder, its personnel, and agents, will release and indemnify the
Employer 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.
8.5 The bidders should note and bear in mind that the costs of visiting
the Site shall be at the bidder's own expenses.

B. Bid Documents

9. Content of Bid 9.1 The Bid Documents are those stated below, and should be read in
Documents conjunction with any Addenda issued in accordance with Clause 11:

Section-I Press Notice, Notice Inviting Tender and

Information for Bidders (IFB)
Section-II Instructions to Bidders (ITB)
Section-III Bid Data Sheet (BDS)
Section-IV General Conditions (GC)
Section -V Special Conditions of Contract (SCC)
Section-VI Technical Specifications, Drawings & Schedules
(TS) and QATR
Section-VII Letter of Tender, Attachments and Bid Price
Schedule
Section -VIII Contract Form & Procedure
The Bid documents up to 25 MBs only can be uploaded as “single
document” at the portal. As such bid documents having size more than 25
MBs shall be loaded in the form of Multiple documents at the portal.
[Link] of 10.1 A prospective Bidder requiring any clarification on the Bid Documents may
Bidding notify the Employer through e-mail to [Link]@[Link]
Documents Employer will respond to such requests through the portal
[Link] clarifying the same in the pre-bid meeting,
which are received 3 days prior to pre-bid meeting. Any clarification
requiring an amendment to the Bid Documents shall be issued as Addenda
as the case may be as per the Clause [Link] Employer shall not be obliged
to respond to any request for clarification received later than the above
period. Further, the mere request for clarification from the Bidders shall not

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be a ground for seeking extension in the deadline for submission of bids.

Employer’s response (including an explanation of the query but not
identification of its source) will be uploaded on portal
[Link] least 10 days prior to the deadline for
submission of bids, where the bidder can see clarification/reply to query/
amendment to the Bid Documents, if any.
11. Amendment to 11.1 At any time prior to the deadline for submission of Bids, the Employer may,
Bid for any reason, whether at its own initiative, or in response to a clarification
Documents requested by a prospective Bidder, amend the Bid Documents by issuing
Addenda.
11.2 Any Addendum thus issued shall be part of the Bid Documents pursuant to
Sub- clause 9.1 and shall be communicated only through the portal
[Link] The communication/alert regarding the
notification of amendment shall also be sent by the portal directly to all the
prospective bidders. The amendments to the Bid Documents will be binding
on the bidders and the notification of the amendment through portal, sent to
the prospective bidders, shall be deemed to be construed that such
amendment(s) to the Bid Documents have been taken into account by the
Bidder in its bid.
11.3 To give prospective Bidders reasonable time in which to take an Addendum
into account in preparing their Bids, the Employer shall extend as necessary
the deadline for submission of Bids, in accordance with Clause 22 and notify
on portal [Link] all prospective bidders may
see the extended deadline.

C. Preparation of Bids

12. Language of 12.1 The Bid, and all correspondence and documents related to the Bid
Bid exchanged by the bidder and the Employer shall be written in English.
Supporting documents and printed literature furnished by the Bidder may be
in another language provided they are accompanied with a certificate of the
authorized translator certifying therein an accurate translation of the relevant
passages in the above stated language, in which case, for the purposes of
interpretation of the Bid, the translation shall prevail.
13.1 The bid submitted by the Bidder shall comprise the following documents and
in a manner specified in bid documents:

(a) Letter of tender duly completed and signed by the Bidder, together
with all Attachments identified in Sub-Clause 13.2
13. Documents
Comprising (b) Price Schedules duly completed by the Bidder.
the Bid (c) Data related to qualifying requirements (including Qualification
attachments, data for establishing bid capacity, net worth, working
capital and Data Sheets).

13.2 Each Bidder shall submit with its bid the following attachments:

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(a) Attachment 1: Bid Security

A bid security furnished in accordance with Clause 18.

(b) Attachment 2: Power of Attorney

A power of attorney, as per Sub-clause 5.1 (a), indicating that the

person(s) signing the Bid has the authority to sign the Bid and that the
Bid is binding upon the Bidder during the full period of its validity in
accordance with Clause 17.

(c) Attachment 3: Bidder’s Eligibility and Qualifications

This attachment shall be duly filled in by the bidder against qualification

criteria specified under ITB Clause 5.0 along with details of relevant
experience certificate, Annual reports and other information evidencing
proof of their meeting the qualification criteria stipulated.

In case, Bids are submitted by a joint venture of firms/companies as

partners, the same shall comply with the following requirements: -

(i) The bid has to be signed as per sub-clause 5.2 (b), so

as to be legally binding on all partners

(ii) Authorization to carry out the bidding as per sub clause

5.2(b).
(iii) The JV shall open a dedicated account in which the
payments against the Contract shall be made to the
joint venture. The payments released to the JV shall
be solely utilized for the said work and shall not be
diverted for other purposes without prior permission of
Employer.
(iii) All partners of the joint venture shall be liable jointly
and severally for the Construction of the contract in
accordance with the contractual terms, and a
statement to this effect shall be included in the
authorization at (ii) above, as well as in the bid and in
the Agreement (in case of a successful bid).
(iv) A declaration in respect of the submitted bid
conforming to the requirement of Sub-clause 5.1 (e).

(d) Attachment 4: Bid with Manufacturer(s)

Bids submitted by a bidder with manufacturer(s) shall comply with the
following requirement:

i) Undertakings by the Bidder and his manufacturer(s) that the Bidder

/manufacturer shall be responsible for execution of that item of work for
which they claim to have specific experience.

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ii) A Joint Deed of Undertaking by the Bidder and his Manufacturer(s).

(e) Attachment 5: Bids by a Merged/Acquired/Subsidiary company

Bids submitted by a Merged/Acquired/Subsidiary company shall comply
with the following requirement:

Undertakings by the Parent/Holding Company evidencing full technical

and financial support to the subsidiary and commitment by the
parent/Holding company to take up the work itself in case of non-
performance of the subsidiary company and to provide additional
performance guarantee and also to enter into separate agreement with
the Employer to that effect.
(f) Attachment 6: Integrity Pact
i) Integrity Pact duly signed between Employer and the Bidder in
accordance with Sub-Clause-3.3 of ITB.
ii) Undertaking signed by bidder in accordance with sub-clause 3.2 of
ITB regarding Banning of Business dealings.
iii) Undertaking signed by bidder in accordance with sub-clause 2.11 of
Integrity Pact. (Annexure-IVB)
(g) Attachment 7:
Joint Venture Agreement (attested by Notary Public) and signed
between Lead Partner and the other Partner(s) of JV/C as per format
included in Bid Document.
(h) Attachment 8: Deviations
In order to facilitate evaluation of bids, variations & deviations, if any,
(except critical provisions) from the requirements of the conditions of
Contract, Bid Data Sheet and other Commercial conditions, Technical
Specifications and Drawings shall be listed in Attachment-8(i) and the
withdrawal cost for the same shall be listed in Attachment-8(ii) as
provided in bid document. The deviations listed elsewhere in the bid
shall not be given any cognizance and shall be treated as deemed to be
withdrawn. The Bidder has to provide the additional price, for withdrawal
of the variations and deviations indicated therein.
In particular, Bids with deviations from, objections to or reservations on
provision such as those concerning Bid Security/EMD, Bid validity,
Defects Liability, Indemnity and on provisions mentioned below, if any,
will be treated as non-responsive.

Bids containing deviations from critical provisions relating to GC Clause

11.0 (Contract Price), 12.0 (Terms of Payment), 13.3 (Performance
Security), 14 (Taxes and Duties), 27.0 (Defects Liability), 29.0 (Patent
Indemnity), 30 (Limitation of Liability), 40 (Extension of Time for

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Completion), 45 & 46 (Claims, Disputes and Arbitration), Appendix-2

(Price Adjustment) and Functional Guarantees will be considered as
non-responsive. The above list is illustrative only and not exhaustive.
However, the bidders wishing to propose deviations to any of the
provisions other than those mentioned above, must provide in the
Attachment-8(i) without cost of withdrawal and in Attachment-8 (ii) of the
bid with cost of withdrawal of each of such deviations. If such deviations
are not priced, cost of withdrawal of such deviations shall be treated as
‘NIL’. The evaluated cost of the bid shall include the cost of withdrawal
of the deviations from the above provisions to make the bid fully
compliant with these provisions.
The deviations listed without any cost and not accepted by Employer
shall have to be withdrawn by the bidder without any financial
implications to Employer before opening of price bid. In case of non-
withdrawal of such deviations, the bid shall be rejected being non
responsive.
At the time of Award of Contract, if so desired by the Employer, the
bidder shall withdraw these deviations listed in Attachment- 8 (i) and
8(ii) at the cost of withdrawal stated by him in the bid. In case the
bidder 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.

However, the attention of the bidders is drawn to the provisions of

preliminary examination of bids regarding the rejection of bids that are
not substantially responsive to the requirements of the bidding
documents.
Regarding deviations, conditionality or reservations introduced in the
bid, which will be reviewed to conduct a determination of substantial
responsiveness of the Bidder’s bid as stated in ITB Clause 13.2 (h)
above, the order of precedence of these documents to address
contradictions, if any, in the contents of the bid, shall be as follows:
I. Deviation Attachment 8 (i) & 8(ii)
I. Letter of tender.
II. Price Schedule
III. Technical Data Sheet
IV. Any other part of the bid
Contents of the document at Sr. No. I above will have overriding
precedence over other documents (Sr. No. II to V above). Similarly,
contents of document at Sr. No. II above will have overriding
precedence over other documents (Sr. No. III to V above), and so on.

i) Attachment-9: Applicability of MSME Act 2006.

Bids submitted by MSME shall comply with the declaration regarding

their applicability as per format included in the Bid Document.

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(j) Attachment 10: Time Schedule

Bidder shall confirm the time schedule as detailed
in the corresponding format.

(k) Attachment 11A: Tools under Schedule V of Turbine &

associated auxiliaries, Generator and LV, MV Cable & cable trays
The Bidder shall give the confirmation to provide tools &
instruments as listed in Schedule-V (Mechanical
Workshop/Electrical Lab) of Technical Specification along
with quantity to be supplied. The prices of tools shall be
included in the respective head under price schedule-1.

(l) Attachment 11B: Recommended Tools for Annual Maintenace

The Bidder shall provide the details regarding recommended
tools required for annual maintenance (Capital in nature) as
per Technical Specification with the proposed quantity. The
prices for the same shall be indicated in the respective
schedule. This shall not be used for bid evaluation however;
the employer shall reserve rights to purchase during O&M
Stage at the quoted prices.

(m) Attachment 11C: Erection, testing & Commissioning

Tools/Devices
The Bidder shall provide the details regarding Tools,
devices, testing instruments/ equipment to for Erection and
Installation of Electro-mechanical equipment with the
proposed quantity to be brought to the site for erection,
Testing and Commissioning with their specification rating
which shall be taken back by the bidder after
commissioning of facilities.

(n) Attachment 12: Guaranteed Technical Particulars (GTPs) and

Data Requirement Sheet (DRS):

Technical Data Sheets duly filled in as per

Employer’s format.

(o) Attachment 13 : Quality Assurance Plan

(p) Attachment-14: Information regarding ex- employees of Employer in

Bidder’s firm

(q) Attachment 15: Labour and Material indices for price

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adjustment.
Bidder shall provide the requisite indices as indicated under price
adjustment clause

(r) Attachment 16: Functional guarantee of the facilities

Bidders shall state the functional guarantees (e.g., performance,
efficiency, consumption) of the proposed facilities in response to
the Technical Specifications. Plant and equipment offered shall
have a minimum (or a maximum, as the case may be) level of
functional guarantees specified and Technical Specifications to be
considered responsive. Bids offering plant and equipment with
functional guarantees less (or more) than the minimum (or
maximum) specified shall be rejected.

(s) Attachment 17: Subcontractors /Sub vendor 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, including vendors, for each of those items as per
procedure and on the format given in QAP part of TS. Quoted
rates and prices will be deemed to apply to whichever
Subcontractor is appointed, and no change in the quoted rates
and prices will be permitted. The bidders are free to list more than
one sub-contractor/sub-vendor against each item for employer’s
consideration.
The Bidder shall be responsible for ensuring that any
Subcontractor proposed complies with the requirements of
various provisions of QAP/TS enclosed in the bid document.
The Employer reserves the right to delete any proposed
Subcontractor from the list prior to award of contract, and after
discussion between the Employer and the Contractor.

(t) Attachment 18: Restrictions imposed by Govt. of India

(u) Attachment 19: Declaration regarding local content percentage

(v) Attachment 20: Information regarding Logistic Route Survey

(w) Attachment 21: Information regarding ODC (over dimension
consignment) /OWC (over weight consignment) of EM
Equipment

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(x) Attachment 22: Recommended Spares

(y) Attachment 23: Details regarding Equipment/Manpower
14. Letter of 14.1 The bidder shall complete the Letter of tender and the appropriate Price
tender and Schedules furnished in the bidding documents as indicated therein and in
Price the Section-VII "Letter of Tender, Attachments and Bid price
Schedules Schedules" of the bid documents., following the requirements of Clauses
15 and 16.

15. Price 15.1 Unless stated otherwise in the Bid Documents, the Contract shall be for the
Schedule whole Works as described in Sub-clause 1.1, based on the unit rates and
prices in the Price Schedule submitted by the bidder.
15.2 The bidder shall fill in rates and prices for all items of the Works described
in the Price Schedule. Items against which no rate or price is entered by the
Bidder will not be paid for by the Employer when executed and shall be
deemed covered by the rates for other items and prices in the Price
Schedule.
There is no provision in the tender for offering of rebate/discount as the bid
15.3 evaluation shall be carried out on the basis of e-tender/e-Reverse Auction
(e-RA) process under clause 30.4.
15.4 In the Schedules, bidders shall give the required details and breakdown of
their prices as follows:

(a) Goods manufactured or fabricated within the Employer’s country

(Schedule No. 1) shall be quoted on an EXW (ex-factory, ex-works, ex-
warehouse or off the shelf, as applicable) basis and shall be inclusive of
all costs as well as duties and taxes paid or payable on components,
raw materials and bought out finished items incorporated or to be
incorporated in the facilities.

(b) Local transportation, insurance and other services incidental to

the delivery of facilities to be supplied from Employer country
(Schedule – 1– Items) shall be quoted separately in Schedule– 2.

Note: The place of destination is Sunni Dam Hydro Electric Power

(SDHEP), located in Distt. Shimla and Mandi of Himachal
Pradesh, India.

(c) The prices for installation services shall be quoted under Schedule-3.

(d) The break-up of Model Test and other type tests Charges shall be
furnished separately in Schedule 4A & that of training charges shall
be furnished in Schedule 4B. The price schedule of Documents and
EDMS software shall be furnished separately in Schedule 4C and 4 D
respectively.

(e) The total amount from Schedule 1 to 4 (A,B,C&D) shall be

summarized in the Grand Summary Schedule (Schedule no 5).

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(f) Schedule no 6- DELETED

(g) Recommended Spares for Operation & Maintenance and Annual
Maintenance Tools shall be quoted in Schedule No. 7A and Schedule
No. 7B, respectively.

(h) The bidder shall quote the prices inclusive of all duties, taxes and other
levies except GST and after considering the input credit available, if
any.

(i) The applicable GST as per statutory provisions shall be paid extra on
the submission of GST invoice as per GST act.
The registration details of GST in respect of SJVN Limited, Corporate
office Shimla (‘Principle Place of Business) are provided in the BDS.
Bidders are also required to provide their Registration details of GST
as per format provided in the Contract forms.

15.5 Unless otherwise provided in the Bid Data and General Conditions, the rates
and prices are subject to adjustment during the performance of the contract
in accordance with the relevant provisions of contract.
15.6 Bidders are required to quote the price for the commercial, contractual and
technical obligations outlined in the bidding documents. If a Bidder wishes
to make a deviation, such deviation along-with withdrawal cost for the
same shall be listed in attachment provided for the same in its bid. The
deviations listed elsewhere in the bid shall not be given any cognizance
and shall be treated as deemed to be withdrawn.

16. Currencies of 16.1 The unit rates and prices shall be quoted by the bidders in Indian rupees
bid and (INR) only.
payment
17. Bid Validity 17.1 Bids shall remain valid for the period stipulated in the BDS from the date of
opening of the Techno-commercial Bid specified in Clause 25.
17.2 In exceptional circumstances, prior to expiry of the original bid validity
period, the Employer may request the bidders to extend the period of bid
validity for a specified additional period. The request and the responses
thereto shall be made in writing or by e-mail/fax. A bidder may refuse the
request without forfeiting its bid security. A bidder agreeing to the request
will not be required or permitted to modify its bid, but will be required to
extend the validity of its bid security for the period of the extension, and in
compliance with Clause 18 in all respects.
18. Bid Security 18.1 The Bidder shall furnish, as part of its bid, a bid security as specified in the
BDS.

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18.2 The bid security shall be in the form of a bank guarantee from any Indian
nationalised bank/scheduled bank in India.

Bank Guarantee for Bid Security in original shall be submitted in accordance

with clause 21.6 of ITB. However, the issuing Bank shall submit an
unstamped duplicate copy of Bank Guarantee directly by Registered Post
(A.D) to the Employer (authority inviting tenders) with a forwarding letter.

The format of the bank guarantee shall be in accordance with the form of
bid security included in section- VIII. Bid securities shall remain valid for a
period of 90 days, beyond the original validity period of the bid or beyond
any period of extension subsequently requested under sub-clause 17.2.
18.3 Any Bid not accompanied by an acceptable Bid Security and Letter of
Tender together with its attachments shall be rejected by the Employer as
non-responsive. The bid security of a joint venture must be in the name of
the individual partner of Joint Venture in proportion of its participation in joint
venture submitting the bid.
18.4 The Bid Securities of all the unsuccessful bidders will be returned as below:

a) The Bid Security of those Bidders who do not qualify in Techno-

Commercial evaluation, shall be returned immediately after opening
the Price Bids of Techno-Commercially responsive bidders.

b) The Bid Security of the Bidders other than L-1 Bidder, shall be
returned within 30 (thirty) days from the date of issue of ‘Letter of
Acceptance’ to the successful Bidder.

No interest shall be payable on the amount of security.

18.5 The Bid Security of the successful Bidder will be returned when the Bidder
has signed the Agreement and furnished the required performance security.
18.6 The Bid Security shall be forfeited if:

a) the Bidder withdraws its Bid or varies any terms & conditions in
regard thereto during period of bid validity

or

b) if the Bidder adopts corrupt or collusive or coercive or fraudulent

practices covered under ITB Clause-37 or defaults committed under
Integrity pact.
or

c) in the case of a successful Bidder, if he fails within the specified time

limit to;
(i) sign the Agreement, or

(ii) furnish the required performance security.

18.7 Bid security shall be forfeited against GST invoice raised on the Bidder

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Consisting of basic amount forfeited under the relevant Service Accounting

Code (SAC) and the applicable GST thereon separately.
19. Pre- Bid 19.1 The Bidder (in case of a joint venture, lead partner alongwith other partners)
meeting is invited to attend a Pre-Bid meeting, which will take place at the venue
and time stipulated in the BDS. Non-attendance at the pre-bid meeting will
not be a cause for disqualification of a bidder.
19.2 The purpose of the meeting will be to clarify issues and to answer questions
on any matter that may be raised at that stage.
19.3 The Bidder is requested to submit any questions through e-mail not later
than 3 days before the pre- bid meeting which will be responded to and
clarified in the Pre-Bid meeting.
19.4 Any modifications of the Bid Documents listed in sub-clause 9.1, which may
become necessary as a result of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an Addendum pursuant to clause
11.
20. Format and 20.1 The Bidder shall prepare the documents comprising the Bid as described in
Signing of Bid Clause 13 of these Instructions to Bidders.

20.2 The Bid shall be digitally signed by a person duly authorized to sign on
behalf of the Bidder, pursuant to Sub-clause 5.1(a) or 5.2 (b), as the case
may be.
20.3 The Bid shall contain no overwriting, alterations, omissions, or additions,
unless such corrections are initialed by the person or persons signing the
Bid. Corrections if any shall only be made by scoring out the cancelled
portion, writing the correction, initialing and dating it by the person or
persons signing the Bid.
20.4 The Bids shall be signed as under:
a) If the Bid is submitted by an individual, it shall be signed by the
proprietor above his full name and name of the firm with its
current business address.

b) If the Bid is submitted by a proprietary firm, it shall be signed by

the proprietor.

c) If the Bid is submitted by a firm in partnership, it shall be signed

by a partner holding the power of attorney. A certified copy of the
partnership deed duly registered and current business address of
all the partners of the firm shall also accompany the Bid.

d) If the Bid is submitted by a limited company, it shall be signed by

a duly authorized person holding the power of attorney together
with a Board resolution in this regard for signing the Bid, in which
case a certified copy of the power of attorney supported with
resolution of BOD shall accompany the Bid. Such limited
company may be required to furnish satisfactory evidence of its
existence before the contract is awarded.

e) All witnesses and sureties shall be persons of status and their

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full names, occupations and addresses shall be stated below

their signatures.

D. Submission of Bids
21. Preparation, 21.1 Tender documents may be downloaded from [Link]
uploading and after making online payment against its cost and tender which shall be
submission of submitted online following the instructions appearing on the screen.
bids Guidelines for e- tendering system are available on e- tender portal & in
NIT.

Bids shall be submitted online in single stage with contents indicated in

paragraphs 21.2 and 21.3 below. In the first Envelope, Qualification
Particulars and -commercial Bid shall be submitted. The Techno-
commercial bid of only those bidders who meet the minimum qualifying
criteria as per clause 5.5 shall be evaluated. After Techno-commercial
evaluation, the Price Bids of Bidders whose Techno-commercial proposals
are found responsive shall be opened.

The bid should be serially numbered and properly indexed mentioning all
constituents of bid including any enclosures/attachments etc. and their
location page numbers in the bid. Failure to submit the bid in systematic
manner as above may result oversight of any important information
provided by the bidder for which SJVN shall not be responsible.
21.2 Online Submission: Envelope- I Bid (Qualification Particulars and
Techno-commercial Bid) shall contain the following :

a) The Letter of Tender, duly filled in and signed without indicating

the prices alongwith attachments.

b) All Attachments except attachment 8 (ii) along with supporting

documents as mentioned in ITB and BDS i.e Scanned copy of
Memorandum and Article of Association as a proof of
manufacturer or proof of prime-contractor (if applicable),
Scanned copy of BG submitted as EMD or NSIC certificate (if
applicable), scanned copies of Letter of Acceptance/Award,
Completion certificates, audit/financial report and other
information evidencing proof of their meeting the qualification
criteria.

c) All information including scanned copies of documents required

to be submitted as per ITB 21.6 and other data required to be
submitted by Bidders in accordance with the Instructions to
Bidders/ Addenda, including all supporting documentation,
which the Bidder wishes to submit as part of his Techno-

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commercial Bid.

All bidding forms and schedules relating to prices or having other financial
implications shall be left blank, which must also contain no other
information, data and details relating to prices. The above documents shall
be digitally signed by the Bidder.
21.3 Online Submission: Envelope-II (Price Bid) shall contain the
following:
a) The Letter of tender complete in all respects and duly signed.
b) The Price bid Schedules duly filled in electronic form alongwith
uploading of Attachment 8 (ii) in conformity with the tender
specification on the portal only.

Submission of Soft Copy of any documents by any other

means shall not be accepted by the Employer under any
circumstances.
c) All other material required as per the Instructions to Bidders/
Addenda to be included in the Price Bid.

No material relating to any technical matters shall be included in

the Price Bid.
21.4 All instructions in this respect contained in Section- II (Instructions to
Bidders) and Addenda, if any, shall be followed. The Envelope-I and
Envelope-II are to be uploaded online only. Further, the documents listed
under clause 21.6 of ITB, shall be submitted in hard copy to the Employer.
21.5 ”Marking of offline Submission: The envelope containing hard copy of
documents shall be marked as follows:

The envelope shall be super scribed as

“Hard Copy of documents for Electro Mechanical Works of Sunni
Dam HEP in Himachal Pradesh (India)”

21.6 Offline Submission: Bidders shall submit the following documents in an

envelope by the due date and time of receipt of bid as mentioned in Bid
Data. The envelope received late or after the prescribed due date and time
will not be entertained. SJVN will not be responsible for any postal delay.

i. Bid security (in original) in the form of Bank Guarantee clearly

mentioning ‘Bid Security’ or valid NSIC Certificate.
ii. Power of Attorney as per ITB sub-clause-5.1 (a) clearly
mentioning ‘Power of Attorney’.
iii. In case of JV, authorization for uploading the bid in terms of ITB
sub-clause-5.2 (b).
iv. Integrity Pact as per ITB sub-clause 3.3
v. JV Agreement (in original), if applicable.
vi. Undertaking from Parent/holding Company(in original), if
applicable.
vii. Undertaking from manufacturer (in original), if applicable.

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viii. Any other document requested as per ITB/ Addenda.

21.7 No price sensitive information is to be submitted in the form of hard copy.

21.8 The envelope containing hard copy of documents shall;

a) be addressed to the Employer at the address provided in the
BDS;
b) bear the name and identification number of the contract as
defined in the BDS; and
c) provide a warning not to open before the time and date for bid
opening, as specified in the BDS.

21.9 In addition to the identification required in Sub-clause 21.8, the envelopes

shall indicate the name and address of the Bidder to enable the bid to be
returned unopened in case it is declared "late" pursuant to Clause 22 and
to identify pursuant to Clause 24.
21.10 If the envelopes are not sealed and marked as above, the Employer will
assume no responsibility for the misplacement.

21.11 The following documents may be scanned & uploaded on the portal as per
table given below:

S. No. Description of Documents Name of File to be

uploaded on the
portal
1. Power of Attorney [Link]
2. Financial Balance Sheets (for the [Link]
three years)
3. Schedule of Completion (BAR [Link]
Chart)
4. Bank Guarantee (EMD) [Link]
5. Other Documents (as per ITB) [Link]
6. JV Agreement, if applicable [Link]
7. Completion Certificate of previous [Link]/[Link]
works/ Letter of Acceptance (LOA)
1. The various documents are to be uploaded with the help of
‘MAP’ link provided at the relevant section of the portal.
2. Bidder may put three (03) characters suffix for each file
preceded by an ‘under score’ for their identification.
(Example- poa_xyz.pdf)
3. In case more file are to be uploaded under the same head
Numeric suffix may be put by the bidder. (Example -
poa1_xyz.pdf, poa2_xyz.pdf, poa3_xyz.pdf………. ).
4. For uploading any additional documents bidder may decide
the name of file with prefix as ‘other’ succeeded by ‘under
score’ and suffix as name of document in short. (Example –
other_ISO certificate1_xyz.pdf, other_ISO

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certificate2_xyz.pdf ………. )
5. For other types of files supported on the portal, please refer
the related provisions on the portal.
22.1 Complete Bids must be uploaded at the portal and hard copies of the
22. Deadline for documents mentioned in clause 21.6 of ITB must be received by the
Submission Employer at the address as specified in sub-clause 21.8 no later than the
of Bids time and date stipulated in the BDS. In the event of the specified date for
the submission of bids being declared a holiday for the Employer, the hard
copy of the documents will be received up to the specified time on the next
working day. However, the date and time for online submission of the bids
shall continue to be the date and time specified in the BDS or any
amendment for the same.
22.2 The Employer may, in exceptional circumstances and at its discretion,
extend the deadline for submission of bids by issuing an Addendum in
accordance with Clause 11, in which case all rights and obligations of the
Employer and the bidders previously subject to the original deadline will
thereafter be subject to the deadline as extended.

22.3 The Employer shall not be responsible if bid could not be opened within
reasonable time for what so ever reason. In such a case, the bid shall
remain unopened on the portal and shall not be considered at all any
further.
23.1 Online submission of the bid will not be permitted on the portal after expiry
23. Late Bids of submission time and the bidder shall not be permitted to submit the
same by any other mode. Similarly hard copies of the Offline documents, if
received by the Employer after the deadline for submission of Bids
prescribed in BDS, then it will be considered as ‘Late Bid’ notwithstanding
the fact that the bidder has uploaded the bid online within the stipulated
deadline. In such a case, the uploaded online bid on the portal shall be
considered as non-responsive and shall not be processed further

24.1 The Bidder may modify, substitute, or withdraw his bid after its submission
24. Modification, but in any case before the official deadline for submission as per the
Substitution provisions at the portal.
and
Withdrawal of
Bids
24.2 Any alteration/ modification in the Bid or additional information supplied
subsequently to the Bid Due Date and time, shall be disregarded.

24.3 Withdrawal of a Price Bid during the interval between the deadline for
submission of Bids and expiration of the period of Bid validity specified in
Clause 17 shall result in the forfeiture of the Bid Security pursuant to
Sub-Clause 18.6 hereby.

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E. BID OPENING AND EVALUATION

25.1 The Employer will open the techno-commercial Bids in the presence of
25 Bid Opening Bidders' designated representatives who choose to attend, at the time,
date, and location stipulated in the BDS. The Bidders' representatives
who are present shall sign a register evidencing their attendance. No Bid
shall be rejected at the Bid opening except for the late Bids pursuant to
clause 23 hereof.

Bidders may also view tender opening online on the portal at their end.
The date of opening of Price Bids shall be intimated separately to all the
techno-commercially responsive bidders. Price Bids shall be opened on
due time, date and place as specified in invitation letter by the Employer.
Price Bids of the Bidders whose Bids not found Techno-commercially
responsive shall not be considered for opening and shall not be
considered at all any further.
25.2 At the time of opening, all important information and any such other details
as the Employer may consider appropriate, will be announced by the
Employer. This shall include but may not be limited to the Bidders’ names,
the Bid Prices including deviations and the presence (or absence) of bid
security.
26.1 Information relating to the examination, clarification, evaluation and
[Link] To Be comparison of bids, and recommendations for the award of a contract shall
Confidential not be disclosed to bidders or any other persons not officially concerned
with such process until the award to the successful bidder has been
announced. Any effort by a bidder to influence the Employer's processing
of Bids or award decisions may result in the rejection of the bidder's bid.
27.1 To assist in the examination, evaluation, and comparison of bids,
[Link] Of Employer may, at its discretion, ask any bidder for clarification of its Bid.
Bids The request for clarification and the response shall be through e-mail but
no change in the price or substance of the bid shall be sought, offered, or
permitted except as required to confirm the correction of arithmetical errors
discovered by the Employer in the evaluation of the Bids in accordance
with Clause 28 hereof.

[Link] 28.1 The basis and methodology for evaluation of the Qualification Particulars
examination Of and techno-commercial bids shall generally be as described in the
Bids And supplement to Instructions to Bidders attached as Annexure-A to these
Determination ITB. The Employer will examine the bids to determine whether they are
Of complete, whether any computational errors have been made, whether
Responsivene required securities and cost of Bid Document have been furnished,
ss whether the documents have been properly signed, whether all the
requisite declaration, undertakings have been furnished and whether the
bids are generally in order.
28.2 The Price Bid duly filled in electronic form in conformity with the tender
specification on the portal only. The Price Schedule is to be filled in for
filling rates of the items to be filled in by the Bidder. The calculation of

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amount by multiplying the quantities with the rates filled in by the bidder,
sub-totals, total etc. shall be done by formulae already provided in
electronic form. In case of any discrepancy in the calculations, the rates
shall be considered final and the amount calculated by using the same
shall be corrected and considered as final. Where ever prices for items is
left blank, in the Price Schedule, it shall be deemed to have been included
in other items.
28.3 The Employer may waive any minor informality, non-conformity or
irregularity in a bid that does not constitute a material deviation and that
does not prejudice or affect the relative ranking of any Bidder as a result of
the evaluation of Bids, pursuant to these Clauses.
28.4 Prior to the detailed evaluation, the Employer will determine whether each
Bid is of acceptable quality, is complete and is substantially responsive to
the Bid Documents. For purposes of this determination, a substantially
responsive Bid is one that conforms to all the terms, conditions and
specifications of the Bid Documents without material deviations,
objections, conditionalities 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 Bid Documents, the Employer’s
rights or the successful Bidder’s obligations under the Contract; or (iii)
whose rectification would unfairly affect the competitive position of other
Bidders who are presenting substantially responsive bids.

The Employer’s determination of a Bid’s responsiveness is to be based on

the content of the Bid itself without recourse to extrinsic evidence.

28.5 If a Bid is not substantially responsive, it will be rejected by the Employer,

and may not subsequently be made responsive by correction or withdrawal
of the nonconforming deviation or reservation.

28.6 All the bidders shall be informed, about their status of qualification/
disqualification/ techno-commercial responsiveness, in a single letter.

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29 DELETED

30.1 Commercial Evaluation :

30. Evaluation
And 30.1.1 The comparison shall be, on the total price quoted in
Comparison Of the bid (Grand Summary- Schedule-5). The Employer’s
Bids comparison will also include the costs resulting
from application of the evaluation procedures described in bid
document. The quoted prices shall be inclusive of all duties,
taxes and other levies except GST and after considering the
input credit available, if any. The applicable GST as per statutory
provisions shall be paid extra on the submission of GST invoice
as per GST act however, overall responsibility for deposition of
such taxes with statuary authority shall be of bidder without any
additional liability to the Employer. The GST will not be
considered for evaluation.

30.1.2 The Employer’s evaluation of a bid will take into account, in

addition to the bid prices, the following costs and factors that will
be added to each Bidder’s bid price in the evaluation using pricing
information available to the Employer, in the manner and to the
extent indicated here under and in the Technical Specifications:

(a) the cost of all quantifiable deviations and omissions

from the contractual and commercial conditions and the
Technical Specifications and other deviations and
omissions;
(b) compliance with the time/delivery schedule indicated
in the BDS;
(c) the functional guarantees of the facilities offered;

(d) price adjustment after making any correction for

errors pursuant to Sub-clause 28.2;
(e) any other relevant factors listed in BDS.
30.1.3 . The following evaluation methods will be followed:

(a) Contractual and commercial compliance

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 deviations quoted by the bidder in the bid

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will be used. The deviations quoted without price and not

acceptable to Employer shall have to be withdrawn by the
bidder without any financial implications to Employer
during evaluation (as and when requested by Employer)
failing which his bid shall be rejected.

(b) Time schedule (program of performance)

The Plant and Equipment covered by this bidding

are required to be delivered at designated site within
the time /delivery schedule specified in the BDS after
the effective date as per provisions specified in the BDS.
Bidders are required to base their prices on the
time/delivery schedule given in the BDS. No credit will be
given for earlier completion. Bids offering a completion
date beyond the maximum designated period shall be
rejected.

(c) Functional Guarantees of the facilities

Plant and equipment offered shall have a minimum (or a
maximum, as the case may be) level of functional
guarantees specified in the Technical Specifications to be
considered responsive. Bids offering plant and
equipment with functional guarantees less (or more) than
the minimum (or maximum) specified shall be rejected.
The guaranteed values for the purpose of bid
evaluation and comparison of Bids shall be applied for
the following without any tolerance for: -
1) Weighted average efficiency of turbine (as per
Technical Specifications).
i. 73 MW Unit
ii. 17 MW Unit
2) Weighted average efficiency of Generator (as per
Technical Specifications).
i. 73 MW Unit
ii. 17 MW Unit
3) Generator Transformer losses (as per Technical
Specifications).

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i. 73 MW Unit
ii. 17 MW Unit
The guaranteed values as declared by the Bidders in
their bids shall be considered for the purpose of bid
evaluation. The values of adjustment factors for bid
evaluation for various characteristics have been brought
out under “ADJUSTMENT FACTOR FOR BID
EVALUATION”. The total differential price to be applied
for the bid shall be sum of the differential prices
calculated as follows:
(i) Efficiencies (Weighted average efficiency of
turbine & generator)
“The minimum guaranteed weighted average efficiency
of turbine for 73 MW Unit and 17 MW Unit shall be
93.5% & 93 % respectively. The minimum guaranteed
weighted average efficiency of Generator for 73 MW
Unit and 17 MW Unit shall be 98.3% & 98 %
respectively.

The maximum efficiency as offered by any Bidder in the

bidding shall be taken as a base (in case of turbine, the
base value will be restricted to 94% for 73 MW unit &
93.5% for 17 MW Unit respectively) and (in case of
generator base value will be restricted to 98.5% for 73
MW unit & 98.2% for 17 MW Unit respectively) and
differential between this base value and the value as
quoted by other bidders, multiplied by adjustment factor
for each type of machine i.e. for 73 MW Unit & 17 MW
Unit separately, and further multiplied by No. of units
(respectively) shall be used to arrive at the differential
price to be applied for the respective bid for bid
evaluation”.

(ii) Generator Transformers Losses:

Bidder shall guarantee the no load losses, load losses and auxiliary
losses under the conditions and in the manner specified in the
specifications (TS) without any tolerance, for the Generator
Transformers for 73 MW Unit and 17 MW Unit respectively for the
purpose of bid evaluation.

The least value of individual transformer (for both type separately)

losses quoted in one of the responsive bids shall be taken as the

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base and the difference between this and those quoted by the other
bidders, multiplied by the adjustment factor given under
“ADJUSTMENT FACTOR FOR BID EVALUATION” and further
multiply by number of Transformer of each type shall be used to
arrive at the differential price to be applied for the bid.

Adjustment Factor for Bid Evaluation

The values of adjustment factors for various parameters are
indicated below:
Parameter Adjustment Factor
Weighted Against 73 MW Unit - 7,50,000/- per unit for each
Average one hundredth of one percent (i.e. 0.01%) by
Efficiency of which the weighted average efficiency quoted by
turbine and the bidder is less than the highest value for
Generator weighted average efficiency quoted by any of the
responsive bidders for turbine in their bid.
Against 17 MW Unit - 1,50,000/- per unit for each
one hundredth of one percent (i.e. 0.01%) by
which the weighted average efficiency quoted by
the bidder is less than the highest value for
weighted average efficiency quoted by any of the
responsive bidders for turbine in their bid.

Generator INR 1,75,000/- per transformer (for total losses =

Transformer no load losses+ load losses + auxiliary losses) for
Losses each KW by which the Transformer losses quoted
by the bidder exceeds over the least amount of
losses quoted in one of the responsive bids.

Note: The adjustment factors given above shall be pro-rated for

the fractional parts of the differential determined.

30.2 The 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.
30.3 Any adjustments in price that result from the above procedures shall be
carried out, for purposes of comparative evaluation only, to arrive at an
“Evaluated Bid Price.”
30.4 After arriving at L1 evaluated bid price through e-tender, the qualified
bidders shall participate in E-Reverse auction process as follows:

30.4.1 Process:

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(i) Eligibility Criteria for participation in e-RA

(a) Only techno-commercially responsive bidders with valid digital
signature certificate, who participate in the initial e-tendering
process, will be eligible to participate in the subsequent e-RA.

(b) Where number of eligible bidders at Price bid stage is one, then
work shall be awarded to sole bidder, if the price of sole bidder is
found reasonable and acceptable to SJVN.
(c) Where number of eligible bidders at Price Bid stage is two or more
than two, then e-RA process will be followed after e-tendering
provided that the Evaluated Bid Price (including taxes & duties and
loading of differential prices on account of guaranteed loss,
efficiency, production capacity etc.) of the lowest evaluated techno
commercially responsive bidder is higher with respect to Approved
Cost Estimate, as hereunder.
(c1) More than 7.5% for a Package having Approved Cost
estimate upto Rs 200 Cr.
(c2) More than 5% for a Package having Approved Cost
estimate more than Rs 200 Cr and upto Rs 500 Cr.
(c3) More than 2.5% for a Package having Approved Cost
estimate above Rs 500 Cr.
(d) In case number of eligible bidders at price bid stage is more than
four then, the highest (H1) bidder shall not be eligible for e-RA and
e-RA will be conducted among rest of the bidders.
(ii) e-RA will be done on Evaluated Bid Price, and the unit rates of the
successful bidder quoted in e-tender shall be reduced pro-rata to match
with the e-RA bid price.
(iii) After technical evaluation of the bids & opening of price bids, the
bidders, eligible for e-RA as per methodology above, will be intimated.
Such qualified bidders shall be eligible to participate in the e-RA to be
conducted by the e-procurement le-RA service provider.
(iv) e-Procurement/e-RA service provider will guide the shortlisted
bidders for this purpose and the Bidders shall abide by the Business Rules
for e-RA as specified in the tender document.

30.4.2 Base Price: For e-RA, L1 evaluated bid price through e-

tendering shall be taken as the Base Price.

30.4.3 e-RA will be conducted on scheduled date & time which shall
be conveyed to the eligible bidders through e-mail.

30.4.4 Start Price: The Start Price shall be (0.1%) decrement on

Base Price and the same shall be available to qualified
bidders only on the e-procurement website; sixty minutes
before the start of e-RA Process.

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30.4.5 The first online bid for e-RA shall be less than or equal to the
Start Price. The second and subsequent online bids will be
lesser than the first online bid by minimum one decrement
value. The final bid shall prevail over the earlier bids.

30.4.6 The bidder will be able to view leading bid in the auction and/or his
own rank, bid placed by him during the event, Opening Price, and
Decrement price on screen along with other necessary fields in the
e-RA. Names of bidders shall be displayed as dummy names to
maintain anonymity.

30.4.7 e-RA duration: The duration of e-RA shall be initially for a period of
one hour. However, in case any bidder places a bid within the last
10 minutes before scheduled closing of the e-RA and if the bid gets
accepted and happens to be lowest, the duration for e-RA shall be
increased by a further period of 10 minutes beyond scheduled
closing time.
Auto-extension. The auto-extension takes place only in the last 10
minutes and there will be no limits for number of auto-extensions.
However, in case there is no bid in the last 10 minutes before the
closing of e-RA, then e-RA shall get closed automatically.

30.4.8 Proxy Reverse Auction feature. It is a pro-bidder feature to safe

guard bidder's interest against Internet failure or in case of bidders
who don't wish to be present in entire e-RA duration but wish to
quote a minimum price that is valid for them in entire e-RA
duration. This feature allows bidders to place an automated bid
against other bidders in the e-RA without having to enter revised
bid again and again during the e RA process. The proxy bid
amount cannot be changed until the lowest bidding amount
reaches the proxy bid amount, after which it can be lowered. Bids
shall be submitted by the system on behalf of the proxy bidder in
decrements i.e. decreasing bid amounts upto the proxy bid
amount.

30.4.9 Bidders shall submit most competitive prices through e-tendering

since these prices may be considered for final award in case e-RA
event is not resorted to, due to reasons mentioned herein.

30.4.10 At the end of e-RA, the closing/final Price shall be available on

screen. The ratio of closing/final price through e-RA and Originally
quoted price through e-tendering shall be applied on all elements
of originally quoted price to arrive at the final price break up (ie.
unit rates) which shall be considered further for final award.

30.4.11 Loading: Techno-commercial Cost loading (for non-compliance to

SJVN terms and conditions as applicable), if any will be carried

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out/or the deviations taken by the bidder and to determine the

lowest evaluated bid. It shall be intimated to bidders prior to e-RA
event and it shall be added to the quoted prices of respective
bidder. Accordingly, the bidder(s) during e-RA should submit prices
inclusive of cost of withdrawal of their respective deviations and/or
other loadings so evaluated and intimated by SJVN.
After the completion of e-RA, the Closing Price (CR) shall be
available. In case, any commercial loading is made to L1 bidder's
price, it shall be de-loaded from the closing price of L1 bidder (CP)
for further arriving at final breakup (ie. Unit prices) and thereafter
processing for award.

30.4.12 Cancellation: During e-RA, if no bid is received within the

specified time duration of the e-RA, SJVN, at its sole discretion,
may decide to reschedule/scrap the e-RA process or finalize the
tender based on Price Bids received through e-tendering if SJVN
does not decide to cancel/annul the tendering process for any
reason and if the price of lowest bidder is found reasonable and
acceptable to SJVN.

30.4.13 On the basis of these terms and conditions, SJVN Ltd., at any time
before the placement of order on successful bidder, shall be at
liberty to cancel, extend, reschedule the e-RA process or finalize
the tender based on Price Bids submitted through e-tendering
without assigning any reason.

30.4.14 Award: On the conclusion of e-RA successful bidder shall be the

one whose e-RA price is lowest if considered reasonable at the
sole discretion of SJVN Ltd.

30.4.15 SJVN's decision for award of Contract shall be final and binding on
all the bidders.

30.4.16 Limitation of Liability: SJVN or its e-procurement/e-RA service

provider shall not be liable & responsible to bidders in any
manner whatsoever for failure to access/interruption/delay & bid
on the e-RA platform due to loss of Internet connectivity, power
failure, virus attack, problems with the PC, any other unforeseen
circumstances etc. before or during the auction event. On
account of this, the time for the auction shall not be extended and
SJVN shall not be responsible for such eventualities. Further, in
such cases, the decision of SJVN Ltd. shall be binding on the
bidders.

30.4.17 SJVN Ltd. reserves the right to modify/withdraw any of the

Business rules, terms & conditions of e-RA at any point of time
prior, to commencement of e-RA. However, any modifications in
Business rules, terms & conditions of e-RA shall be duly

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communicated to techno-commercially qualified bidders.

30.4.18 SJVN will provide the calculation, sheet to the bidders as

applicable which will help them to arrive at the total cost to enable
them to keep it ready during e-RA.

30.4.19 The e-RA would be carried out in Indian Rupees or foreign

currency converted into equivalent Indian Rupees only, on the
date mentioned in bid document.

30.4.20 System Accessibility: The login ID and password for participating

in e-RA will be the same as the one given to bidders on
registration on e-procurement portal.

30.4.21 In case of any issue w.r.t. e-RA not specifically dealt with in
Business Rules, the decision of the SJVN Ltd. shall be final and
binding on all concerned.

F. AWARD OF CONTRACT
31.1 Subject to Clause 32 hereunder, the Employer will award the contract to
[Link] the Bidder, meeting the specified qualifying requirements and also whose
Bid has been determined to be substantially responsive to the Bid
Documents and who has offered the lowest evaluated bid price pursuant to
Clause 30, provided that such Bidder has been determined to be eligible in
accordance with the provisions of Clause 3 and 5 of ITB hereof and the
Bidder has offered reasonable Bid Price compared to Employer’s estimate.
32.1 The Employer reserves the right to accept or reject any Bid, or cancel/
[Link]’s withdraw invitation to Bid for any reason including national defence and
Right To security considerations, and annul the bidding process and reject all Bids
Accept Any at any time prior to award of contract, without thereby incurring any liability
Bid And To to the affected Bidder(s).
Reject Any Or
All Bids
33.1 Prior to expiration of the period of Bid validity prescribed by the Employer,
[Link] Of the Employer will notify the successful Bidder by email, fax and confirmed
Award by registered letter or courier that its Bid has been accepted. This letter
(hereinafter and in the Conditions of the contract) shall be called the “
Letter of Acceptance” as prescribed by the Contract.
33.2 The notification of award (Letter of Acceptance) will constitute the
formation of the contract until the contract has been effected pursuant to
clause 34 hereunder.

33.3 The unsuccessful bidders shall also be informed simultaneously about

their status of Bids.
33.4 The award details shall also be posted on [Link]
[Link], and [Link].

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34.1 After notifying the successful Bidder that its Bid has been accepted, the
[Link] Of Employer will prepare the Agreement in the form provided in the Bid
Agreement Documents, incorporating all agreements between the parties. The
contract shall be signed in two originals (one for Employer and one for
Contractor). The Contractor shall provide to the Employer 15 sets of
Contract Agreement (out of which 5 copies shall be in notebook size)
within thirty (30) days after signing of the Contract. In addition, contractor
shall get the signed contract agreement converted into soft copy and shall
provide the same on pen drive free of charge.
34.2 After issue of Letter of Acceptance, the Employer shall notify the contractor
about the readiness of the Agreement. The Employer and the successful
Bidder shall sign the Agreement within 14 days from the date of issue of
such notice to the contractor.
34.3 Deleted.
35.1 Within 28 days from the date of issue of Letter of Acceptance, the
35. Performance successful bidder shall furnish to the Employer a Performance Bank
Security Guarantee in the form stipulated in the General Conditions and additional
Performance Security as per this Clause.

35.2 The bidder who has qualified on the strength of their Manufacturer(s) shall
be required to furnish an additional Performance Bank Guarantee from
their Manufacturer(s) as per format prescribed in Contract forms.
35.3 In case Bidding Company (subsidiary company) gets qualified and
awarded the work package, the Parent company/Holding Company, within
28 days from the date of issue of Letter of Acceptance, will be required to
furnish an additional performance bank guarantee, as per format
prescribed in Contract forms, of value equivalent to (3%) three percent of
the Contract Price or portion of work (where subsidiary Company is Joint
Venture Partner ) as the case may be, in addition to normal Performance
Bank Guarantee to be submitted by the Bidder to the Employer besides
entering into a separate agreement in the requisite Format provided in the
Bid Document.
35.4 The form of Performance Bank Guarantee provided in Section- VIII, of the
Bid Documents may be used.
35.5 Failure of the successful bidder to comply with the requirements of Clause
34 or 35 hereof shall constitute a breach of Contract, cause for
annulment of the award, forfeiture of the Bid Security, and any such other
remedy the Employer may take under the provisions of the Contract .
DELETED
36.
37. Corrupt or 37.1
Fraudulent It is expected from the bidders / Contractor and/or any of its personnel, or
Practices its agents, or its Sub-contractors, manufacturer, sub-consultants, services
providers, suppliers and/or their employees that they will observe the high
standard of ethics during the bidding process and execution of such
Contracts. In pursuance to this policy:

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a) For the purpose of this provision, the terms set-forth below

shall mean as under:
(i) “corrupt practice” means the offering, giving, receiving or
soliciting of anything of value to influence the action of a
public official in the procurement process or in Contract
execution.
(ii) “fraudulent practice” means a misrepresentation or
omission of facts in order to influence a procurement
process or the execution of a contract to be detriment of
the Employer, and includes collusive practice among
Applicants (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and
to deprive the Employer of the benefits of free and open
competition.
(iii) “collusive Practice” means a scheme or arrangement
between two or more bidders, with or without the
knowledge of Client, designed to establish bid prices at
artificial, non-competitive levels.
(iv) “coercive Practice” means harming or threatening to
harm, directly or indirectly, person or their property to
influence or affect the Construction of Contract.
b) “Integrity Pact” means an agreement signed between the
Contractor and the Employer committing the
persons/officials of both the parties, not to exercise any
corrupt influence on any aspect of the Tender/Contract.
c) A Bid shall be rejected by the Employer if it is determined at
any stage that respective bidders / Contractor and/or any of
its personnel, or its agents, or its Sub-contractors,
manufacturer, sub-consultants, services providers, suppliers
and/or their employees have engaged in corrupt or
fraudulent or collusive practices or coercive practices in
competing for the Contract in question.
d) The Employer will declare a bidder / contractor ineligible or
may terminate the contract, either indefinitely or for a stated
period of time, to be awarded a Contract if it at any time
determines that the bidders / Contractor and/or any of its
personnel, or its agents, or its Sub-contractors,
manufacturer, sub- consultants, services providers, suppliers
and/or their employees has engaged in corrupt or fraudulent
or collusive practices or coercive practices in competing for
or in executing the Contract in question.

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38. Compliance As far as possible, the bidder to whom this contract is awarded shall
of Public procure at least 25% of the required goods/services from MSEs with the
Procurement condition that at least 5% of that quantity shall be procured from MSEs
Policy for owned by SC/ST entrepreneurs and 3% of that quantity shall be procured
Micro and from MSEs owned by women. In the event of failure of such MSEs owned
by SC/ST entrepreneurs or women entrepreneurs, the target of
Small
procurement of at least 25% from MSEs shall be met from MSEs owned
Enterprises by entrepreneurs other than SC/ST or women. Public Procurement Policy
(MSEs) – for Micro and Small Enterprises (MSEs) – 2012 has also reserved 358
2012 items to be procured exclusively from MSEs. Accordingly, the bidder to
whom this contract shall be awarded shall procure the required items
included in the list of 358 items exclusively from MSEs with meeting the
minimum limit of procurement from MSEs owned by SC/ST and women
entrepreneurs as indicated above.

Any bidder from a country which shares a land border with India will be
[Link] eligible to bid in this tender only if the bidder is registered with the
S IMPOSED BY Competent Authority specified in Annexure-I of order no [Link]. 6/18/2019-
GOVT OF PPD dated 23.07.2020 of Department of expenditure, Ministry of Finance,
INDIA Government of India and as amended from time to time. The bidder has to
submit the undertaking complying above order in Attachment -18.

The bidder shall comply with provisions circulated by Government of India,

40. Compliance of Ministry of Commerce and Industry, Department for Promotion of Industry
Public and Internal trade (DPIIT), vide order no. P-45021/2/2017-PP(BE-II) dated
Procurement 04.06.2020 and MoP order No. 11/05/[Link] 23.07.20 & order
Policy No. A-1/2021-FSC-Part(5) dt. 16.11.2021 related to “Local content”,
(Preference “Class-I local supplier” & “Local content percentage” and other provision
to make in mentioned therein. Further, Bidder also acknowledge that in case, it has
India) Order been found that the declaration against local content percentage given by
2017 and as us is false then action can be initiated against us as per Govt. Guidelines
amended under Make in India issued from time to time. The bidder has to submit the
from time to undertaking in this regard in Attachment -19.
time

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Annexure-A
(ITB Cl 28.1)

1.0 Technical Evaluation:

The Employer 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 Employer 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 factors:

(a) overall completeness and compliance with the Technical Specifications and
Drawings. The bid that does not meet minimum acceptable standards of
completeness will be treated as non-responsive and rejected.

(b) achievement of specified performance criteria by the facilities.

(c) any other relevant factors, if any, listed in the BDS, or that the Employer
deems necessary or prudent to take into consideration.

Where alternative technical solutions have been permitted and offered in the bid,
the Employer 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, but have in any event been offered, they
shall be ignored.

2.0 In addition, the Bidders are expected to provide full details of Procedures for
coordinating Works with other contractors and suppliers, as well as with the
Employer in such a way as to avoid delays or other difficulties during the
Execution of Works.

2.1 To facilitate completion of the technical evaluation in the limited time available,
Bidders are advised.

 To submit their technical documentation and all other data in the form and
order indicated in the data sheets and/or as instructed above, and to
ensure that all specific points on which information has to be submitted,
as detailed in the Instructions to Bidders and any addenda thereto, are
fully covered.

 To ensure that the documentation submitted is complete in all respects

but also concise.

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2.2 As the Programme for Bid evaluation is short, the Employer cannot accept any
obligation to request clarifications or substantiating information after bids have
been submitted.

3.0 Even though the bidders meet the minimum qualifying criteria as per clause no
5.5(ITB), they are subject to be disqualified if they have:

(i) made misleading or false representations in the forms, statements,

declarations and attachments submitted in proof of the qualification
requirements; and/or
(ii) record of poor performance such as abandoning the works, not
properly completing the contract, inordinate delays in completion,
litigation history, or financial failures etc.

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