ry Nagar Nigam Gorakhpur (NNG) (Municipal Corporation Gorakhpur, Urban Local Body, Govt. of U.P.) RFP DOCUME! FOR Supply. installation, testing and commissioning of LED (18 watt) based Solar Street Lighting System (Monocrystalline PV Module) including 5 years comprehensive ‘warranty, Operation and maintenance for various locations under limits of Nagar Nigam Gorakhpur ation given in Scope of Work of Bid Document. as per speci Invited by Nagar Nigam Gorakhpur (NNG) Near town hall, Gorakhpur, U.P. - 273001 https:/[Link]/ E-mail: streetlightnngkp@[Link] Websit 1Table of Contents 1 Abbreviation, 2° Disclaimer, 3° Bid Details, 4 Brief Description of the Proposal & its Submission. 4.1 Part: Technical Bid (Online Submission Only) 42 Parti: Price Bid (Online Mode Submission only) sence 1D 43. Language of Bid & Measure on. 44 Proposal [Link] 45 Formatand Signing of Bid.. 46 Deadline for Submission of Bids a 4.7 NNG'sRightto Reject Tender. — 48 Bid Validity Period 49 Openingof Bids. = 4.10 Clarification of Bids & Pre-Bid Conference... 4.11 Amendment to Bid Document 4.12 Local Conditions 5 Pre-Bid Eligibility Criteria 6 Technical Evaluation Criter 61 Clarification of Bid. 16 7 Evaluation of Bids. 71 Finalization of BID. 7.2 Finalization of Empanelmentonwn 8 Bid: General Conditions of the contract. BL Definitions nnn a 7 18 82 Liguidated Damages, es 18 83 Force Majeure saad 84 Settlement of Disputes and Provisions for Arbitration.. 8S Confidentiality - 7 86 Subletting or Transfer of Contract 87 — Taxes Dutiesand Insurance ero 20 88 Inspections and Tests Hf 2089 Inspection at Works.. B10 Warranty encennon B11 Patent Right and Royalties... 812 Packing & Forwarding. 13. Demurrage WHARF AGE ETCesnnnon 8.14 Insurance 8.15 Transportation. eae 8.16 Applicable Law. edits 817 Notice nou _ 2 818 Timeline, Payment Terms 2 819 Others.. 9 Contracting Arrangements | 9.1 Signing of the Contract Agreement 9.2 Performance Security. 9.3. Termination of Contract. 10 Scope of Work and Technical Specifications 11 Forms~ Part I: Technical LLL Form A: Covering Letter z erence 3 11.2 Form B: General Particulars of the Bidder aps 35 11.3 Form C:Chechlistnsnsmnnsnnnnnnne i sci 36 114 Form D: Proofof payment or demand draft forcost of payment of the tender document... ne deta 11.5 Form E: Earnest Mor scheduled bank in the specified format .n. 1y Deposit to be submitted as DD or BG from any nationalized or nO ! 11.6 Form F: Bidder documentary evidence in support of the Pre-Bid Eligibility Criteria... 42 11,7 Form G: Schedule of Experience (Supply 8 Installation) .[Link] 43 11.8 Form|: Declaration on Notarized Affidavit that the information provided by the Bidder is true to the best of its knowledge, specifically pertaining to the experience furnished & conflict check. zs ene 11.9 Form J: Format of Pertormance Bank Guarantee (P86). : 46 11.10 Form L: Format for Bid Security Declaration eau Bee 48 11.11 Form M: Format forPower of Attorneys. 7 49 11.12 Form N; JOINT COMMISSIONING AND HANDING OVER CERTIFICATE /WARRANTEE CARD 51 1143 Form 0: CERTIFICATE OF NNG PROJ 1144 Form P: Technical Bid: To be submitted with technical bidnm. T OFFICER,1 Abbreviation NNG (Govt UP Cal TED. DD. EMD) BG. RTGS NEF PY oF csTiN ULB ABE CA Tom ial Nagar Nigam Gorakhpur. Government of Utar Prades Gavernment of India Light-emitting Diode Demand Drait Earnest Money Deposit Bank Guarantee Real Time Grose SeRTenient tional Electronic Fund Taner Photovolat Goods & Seraives Tax (GST Mentiieation Nun TiFaan Local Body National Accreditation Board for Testing & Collaboration Limited ‘Chartered Accountant etter of Award Letter offnent Bill of Quanity Micro, Small & Hediunn Enterprises Annual Maintenance Contract ‘Bureau of indian Siandards Standard Test Conditions International Electrotechnical Commission ‘Maximum Power Pot Tracking Pulse Width Modulation ‘Global System for Mobile Communication ‘General Packet Ratio Service Short Message Service Special Purpose Vohie Unique 19 nteractive Voie Respamse Sytem Reinforced Cement Concrete Direct Current Taian Rupees2. Disclaimer 1. The information contained in this Bid document (hereafter referred to as “Bid” or subsequently provided to Bidder(s), whether verbally or in documentary or any other form, by or on behalf of the NNG or any of its subsidiary or employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this Bid and such other terms and conditions subject to which such information is provided, 2. This Bid is not an agreement and is neither an offer nor invitation by the NNG to the prospective Bidder or any other person. The purpose of this Bid is to provide interested parties with information that may be useful to them in the formulation of their application for qualification and thus selection pursuant to this Bid. This Bid may not be appropriate for all persons, and itis not possible for the NNG, its employees or advisors to consider the objectives, financial situation and particular needs of each party who reads or uses this Bid. The assumptions, assessments, statements and information contained in this Bid may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this Bid and obtain independent advice from appropriate sources. 3. Information provided in this Bid to the Bidder(s) is on a wide range of matters, some of which may depend upon interpretation of law, NNG accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed hereir 4, NNG, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant or Bidder, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cast or expense which may arise from or be incurred or suffered on account of anytiing contained in this Bid or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the Bid and any assessment, assumption, statement or information contained therein or deemed to n any way with selection of Bidder for participation in form part of this Bid or arising the Bidding Process. 5. NNG also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance ofany Bidder upon the statements, contained in this Bid. 6. NNG may, in its absolute discretion but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this Bid. The issue of this Bid does not imply that the NNG is bound to select and shortlist Bidders and the NNG reserves the right to reject all or any of the Bidders or Bids without assigning any reasons whatsoever. 7. ‘The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Application including but not limited to preparation, copying, postage, delivery fees,expenses associated with any demonstrations or presentations 51 a eo6 which may be required by the NNG or any other costs incurred in connection with or relating to its Bidder. All such costs and expenses will remain with the Bidder and the NNG shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding Process.3. Bid Details Supply. ‘Watt) based Solar Street Lighting System (Monoerystalline PV Module) including 5 years comprehensive warranty, Operation and maintenance for various locations under limits fof Nagar Nigam Gorakhpur as per specification given in Scope ‘of Work of Bid Document 3 | Tentative Quantity 1200 Nos (Nos) The above said quantity is tentative F | Estimated Cost including GST | Rs 2.696 Crores (Rs) 3 | Period of Work Within months from the date of asuance of Work Order oF _asspeciied by NG. | E-Bid Portal (website) [Link] 7) ETender Cost: “Tender Foe of RS11,500/- (inclusive of GST) inthe form of | RTGS/NEFT/FDR or any other online mode in account detail Account Name ~ 10174963707, FSC Code - IDFBO021561 B | Earmest money deposit | EMD: 2 % of Estimated Cost, tes Rs-[Link] cen}: The bidder should submit EMD in the form of FDR/RTGS/NEFT ‘orany other online mode in account detail L ‘Agcount Name 10174963707, IFSC Code IDFBOO21561 9 [Performance Security Ov of Work Order Value 10 [Availability of tender document on e-tender Portal Frow Ti] Pre-bid Weeting 12 | Bid submission end date & ‘Time Galine technical Bi date & time pening cal & financial Bids T4 | Financial Bid Opening date & | Shall bestimated fer time (Only of technically qualified bidders) 75__| Consortium/IV Allowed We 16 | Sub-Contracting Allowed: | No 17 | Proposal Language: English 18__| Proposal Currency NR 19] Venue of opening of | NNG Head Office. Gorakhpur=273001 [20 Enquiries/clariications may bbe sought by the Bidder from Assistant ‘Tel: 8810709316 Email: streetightangkp@gmailcom Z| Period of validity of rates for acceptance Tavonths from opening of Handi BaNote: a 8] Bidders are advised to study the tender Document carefully. Submission of Bid against this tender shall be deemed to have been done alter careful study and examination of the procedures, terms and conditions of the tender Document with full understanding of its implications. Municipal Commissioner, NNG reserves the right to extend the date of opening of Financial Bid in unavoidable circumstances. All the required documents including Price Schedule/BOQ should be uploaded by the Bidder electronically in the PDF/XLS format. The required electronic documents for each document label of Technical (Qualification details, Bid Form and Technical Specification details) schedules/packets can be clubbed together to ‘make single different files for each label. All the enclosures should be scanned and uploaded with bidBrief Description of the Proposal & its Submission The Bid proposal shall be made in TWO PARTS ie., PART -I and PART-IL PART-I shall contain the ‘Technical Bid’ and PART-II shall contain the ‘Price Bid’, which shall be prepared in the manner described below: 3.1 Part: Technical Bid (Online Submission Only) 1. The following documents (forms) duly filled in and signed by the Bidder shall be submitted as PART-I of the Bid Proposal: a. Form A: Covering Letter b, Form B: General Particulars of the Bidder ©. Form C: Checklist 4. Proof D: Proof of payment or demand draft for cost of payment of the tender document. e. Form E: Earnest Money Deposit to be submitted as FDR/NEFT/RTGS from any nationalized or scheduled bank in the specified format, L. Form F: Bidder documentary evidence in support of the Pre-Bid Eligibility Criteria Form G: Schedule of Experience (Similar work) h. Form H: Declaration on Notarized Affidavit that the information provided by the Bidder is true to the best of its knowledge, specifically pertaining to the experience furnished & conflict check i. Form I: Format of Performance Bank Guarantee (PBG) }. Form J: Format for bid security declaration k Form K: Format for power of attorney 1. Form L: Format for Joint Commissioning and Handing over certificate /Warrantee Card. m, Form M: Certificate of NNG Project Officer 1. Form N: Format: Technical Bid ©. The Bid document issued by NNG, amendments / corrigendum / interpretations/addendum/clarifications ete. for the work, ifany, duly signed by the Bidder as a token of unconditional acceptance. p. Audited Profit and Loss Account and Balance sheet along with CA certificate (Turnover and net worth) for the last three financial years are to be enclosed. «Copy of Certificate of Incorporation. r. Copy ofthe GST number of the firm. s. Copy of Permanent Account Number (PAN) issued by IT department. ‘Information regarding ex-employees of NNG or its subsidiary companies working in the bidder organization if any. The bidder can use its own format regarding the same. u. Memorandum and Article of Association v. Any other information, the Bidder desires to furnish in connection with this :: } 91 &3.2 Part ll: Price Bid (Online Mode Submission only) 1. The Bidder shall indicate prices on the appropriate fnancial bid schedule on e-tender Portal online only. The price quoted should include all taxes including GST. 2. Prices shall be quoted in Indian Rupees (INR) only. ‘The Bid prepared by the Bidder and all correspondence and documents relating to the bid exchanged hy the Bidder and NNG shall be written in the English provided that any printed literature furnished by the Bidder may be written in another language so long as accompanied by an English translation of its pertinent passages in which case, for purpose of interpretation units of measurement shall be MKS system, 34 Proposal Submission a. STEPI: Tender Fee and Bid Security (Earnest Money): i. Prospective Bidders interested to participate in the bidding process are required to submit their Project proposals in response to this Bid document along with Tender Fee. Tender fee INR 11,800/- inclusive of GST, The tender Fee is to be furnished through RTGS/NEFT/FDR drawn in favor of “Prabhari Adhikari (Path Prakash) NNG", payable at Gorakhpur. A bidder will be eligible to participate in the bidding process only on submission of entire financial amounts as per the Bid. In case the Bidder chooses to submit the amounts pertaining to Tender Fee through NEFT/RTGS (electronic transfer), the Bidder shall submit the transaction receipt instead of the corresponding FDR, as part of the offline bid submission. ‘The bank details of NNG have been mentioned below. Bids submitted without Tender Fee, may be liable for rejection by NNG Name of Account Holder ‘Nagar Nigam Gorakhpur Bank Name IDFC first banke ‘Account No’ 0174963707 TFSC Code IDFBOUZIS61 iu The bidder should submit EMD in the form of RTGS/NEFT/FDR of 2 % of Estimated Cost (ie. Rs: §,40,000.00). The Bidder shall furnish Interest free EMD in the form of Demand Draft drawn in favour of “Prabhari Adhikari (Path Prakash) NNG”, payable at Gorakhpur. The validity of EMD shall be for a period of 6 months from the Bid Deadline. 10] PoOn furnishing the performance security and execution of contract agreement by successful bidders, NNG will notify the unsuccessful bidders and their earnest money deposit will be refunded thereatte ‘The Bid Bond/EMD shall be forfeited without prejudice to the Bidder being liable for any Further consequential loss or damage incurred to the Solar Street Lighting System under following circumstances: a. Hundred percent (100%) of Bid Bond/EMD amount of the proposed capacity, if Bidder withdraws/revokes or cancels or unilaterally varies their bid in any manner during the period of Bid Validity specified in the document. b. Hundred percent (100%) of Bid Bond/EMD amount of the proposed capacity, if the Successful Vendor fails to unconditionally accept the Letter of Intent (LO1)/LOA/Work Order, whoever is issued first, within 15 days from the date of its, issue. c. Hundred percent (100%) of Bid Bond/EMD amount of the proposed capacity, if the Successful Vendor fails to furnish the "Performance Bank Guarantee" within 30 days of issuance of Letter of Intent (Lo!) /LOA/Work order, whichever is issued first. 4. Any bid not secured with the Notarized bid security declaration as stipulated in bid will be liable for action before opening of financial bid, e. STEP II: All the documents mentioned above along with technical format duly filled in should be submitted in e-form only as “Part-I - Technical Bid’ f. STEP Ill: "PART-II - Price Bid” shall also be submitted in e-form only in prescribed format duly filled in. Format and Signing of 1. The bid must contain the name, residence and places of business of the persons making the Bid and must be signed and sealed by the Bidder with his usual signature, The name and designations of all persons sigaing should be typed or printed below the signature. 2. Bid by company must be signed with the legal name of the company/firm by the ‘Secretary’ or other designation or a person duly authorized, 3. The original copy of the Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person duly authorized to bid and bidder to the contract. ‘The letter of authorization shall be submitted along with power-of-attorney. All the pages of the bid shall be initialed by the person or persons signing the Bid and submitted at the time of signing of agreement/contract. 4, The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder in which case such corrections shall be initialed by the person or persons signing the Bid.3.6 Deadline for Submission of Bid Bids must be uploaded by the Bidder in the date: in the Bid notice/ Bid documents, ime on e-tender Portal as specified 3.7 NNG's Right to Reject Ten¢ 1._NNG reserves the right to reject any or all tenders received at any stage without assigning any reason thereof and the Tenderer shall not be entitled to any costs, charges or expenses in this regard a In case Tender/bid is not received within the stipulated time and date as, indicated above, b. I the Tender/bid is not accompanied with the requisite tender fee, earnest money deposit, requisite documents and schedules. © If proposal is nota firm proposal 4. If Tender/bid is not on the prescribed lines, form and pattern described in the tender document. e. Ifeach page of the proposal (technical) is not duly signed and stamped by the authorized signatory 4. Ifa material misrepresentation is made or discovered. Incase of non-furnishing of any requisite document with the bid, NNG may issue queries for submission of such required document. If the bidder still fails to submit the required document, the bid will be considered as non- responsive, and bid may be summarily rejected. h. If it is found that the rate quoted by the Bidder is unusually high or unusually low unless NNG is convinced about the reasonableness of the rate on analysis of such rate, i. eanvassing is found in connection with tenders and/or with uncalled for remarks. i. If the offer is accompanied with any modification(s) and/or special condition(s), k If the proposal is found with erasing action or overwriting unless the corrections and/or alterations are not accompanied with initials and attestations of the authorized person(s). 3.8 Bid Validity Period 1. Validity of the offer should be 3 months from the date of opening of the financial bid of the e-tenders 2, In exceptional circumstances, the NNG will solicit the Bidder’s consent to an extension of the period of validity. ‘The request and the response there of, shall be made in writing, The contract performance security provided under Form | shall also be suitably extended 12]3.9 Opening of Bi The procedure of opening of the e-tender shall be as under: 1. First part (PART-A) uploaded having Bid specification and super scribed as “Technical bid" shall be opened at the time and date mentioned in the Bid notice by NNG's representatives in the presence of Bidders, who choose to be present. 2, Second part (PART-B) containing Financial Bid shall be opened (after establishing technical suitability ofthe offer) as per schedule. Second part of only those Bidders shall be opened whose first part (PART-A) shall be found commercially clear and technically suitable 3,10 Clarification of Bids & Pre-Bid Conferer 1, Aprospective Bidder requiring any clarification of the Bid Documents shall submit their request in writing to NNG by Email at the NNG's mailing address indicated in the Invitation for Bid. The request must reach on or before ore bid meeting if any. The NNG will upload the changes/modifications/amendment based on clarification request ifany on the e- tender portal 2, All are requested to remain updated with the e-tender Portal. No separate reply/ intimation will be given elsewhere. Verbal clarifications and information's given by the NNG or its employees or its representatives shall not be in any way entertained, 3. Enquiries/clarifications may be sought by the Bidder from: Assistant Engineer (Path Prakash), Room No. 508, Nagar Nigam new building, Gorakhpur. Tel: 8810709316 Email: streetlightnngkp@[Link] 3.11 Amendment to Bid Documents ‘Atany time prior to the submission of the Bid the NNG may for any reason, whether at its own initiative or in response to a clarification requested by the Bidder, modify the e-tender documents by amendments. Such document shall be made available on e-tender Portal. No separate reply/ intimation will be given elsewhere ‘Therefore, all concerned are required to remain updated with the e-tender Portal. 3.12 Local Conditions It shall be imperative on each bidder to fully inform him ofall local conditions and factors, which may have any effect on the execution of the works covered under these documents and specifications. NNG shall not entertain any request for clarifications from the Bidder, regarding such local conditions. 131 aE ee4° Pre-Bid Eligibility Cr In this tender, single bidder is only allowed for participation, Any bid not found to be in conformance with any of the pre-qualilying conditions may be summarily rejected and not be considered for further evaluation. The invitation to online bid is open to all the agencies, firms, companies, LLPs, State Government and Central Government agencies, who meet the requisite qualifying requirements stipulated herein under and the bidder shall provide satisfactory evidence that qualifies under the following Duly attested copies oft registered/incorporated under Companies Act, | a. Certificate of Incorporation issued 1956 or Companies Act, 2013/ and further| by the Registrar of Companies amendment (s), or a registered partnership firm | b. Authorization Letter in the name of (registered under section 59 of the Partnership | Bidder issued from OEM. Act, 1932) or a limited liability partnership (under the Limited Liability Partnership Act, 2002)/ Proprietorship. 2 | Bidder should have valid ‘Test Certificate for the | a. Test report of MNRE/NABL tendered Solar Street Lighting System (complete | accredited lab system) / Main components (ie PV Module, Battery & LED Lighting Unit) of Solar Street lighting system issued from MNRE authorized testing center or NABL- accredited test lab. [3 | Past Performance: The bidder must be engaged | a Work order copies/ LoA's and in the above said business in last Five years i.| Satisfactory work Completion 2020-2021, 2021-2022, 2022-2023, 2023-2024] Certificates. and 2024-2025. However, work experience | b. Proof of successfully completed regarding similar work ie. Solar Street Light in| similar works must be issued by collectively from any Central/State Govt.| an officer of the rank of Executive Organization {including local body or Engineer or equivalent or higher autonomous institutions working under | authority. it)/Company. Experience of having successfully completed similar works during last five years ending last day of month previous to the one in which applications are invited should be either of the following: 03 similar completed works costing not less than the amount equal to 40% of the estimated cast or (2 similar completed works costing not less than the amount equal to 50% of the estimated cost. or 01 similar completed works costing not less than the amount equal to 80% of the estimated cost. 14| aoa ara [as The Bidder should have valid GSTIN registration certificate and valid PAN. A copy of which should | and PAN card f _ be enclosed. 3 | Bidder Turn over Criteria: Average Annual | Duly authorize, financial turnover during the last 3 years (ie. | annual report/B: 2022-23, 2023-24, 202405) ending sist Hes three fia ie te cet By | of the previous Hnamial year skoull be sr least | respundentalucg weet oeatiate, 30% of the estimated cost. (A summarized sheet of average turnover certified by registered CA should be submitted along with audited Balance Sheet) 6 | The bidder's Net worth as on the last day of | Duly authorized copy of audited preceding financial year must be positive. annual report is to be submitted along with a practicing CA's certificate. 7 | Non-blacklisting/non-debarment declaration | Notarized self-declaration on 100 rupees stamp paper. 8 | DEM/bidder mast provide 05-year warranty Notarized declaration on 100 rupees declaration. stamp paper. 9 | Bidder's 1S0 certificate Updated 1S0 9007 10 | After sales service from OEM, Third party service | Notarized declaration on 100 rupees is not acceptable, stamp paper. 11 _ | Bid Document fees & EMD amount Scanned copy of proof of submission 12 | Bidders updated Character certificate Scanned copy of certificate. 13 | Bidders updated Haisiyat Praman Patra (of | Scanned copy of certificate, minimum 40% of estimated cost) 14 | Fany of the above mentioned is found missing or incorrect or fabricated, then the bid will be disqualified. Note: In response to above all points the documentis to be submitted. 1515 Technical Evaluation Criteria The NNG 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 @ determination, the NNG 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: Overall completeness and compliance with the technical specifications as stipulated in this bid. The bid that does not meet minimum acceptable standards of completeness, consistency and detail will be rejected for non-responsiveness, ii Achievement of specified performance criteria by the facilities as per scope of work ‘ype, quantity and long-term availability warranty and maintenance services Wv, Any other relevant factors, if'any, listed in the tender document, or that the NNG deems necessary or prudent to take into consideration, Clarification of Bid i, To assist in the examination, evaluation and comparison of bids the NNG may at its discretion ask the bidder for a clarification of its bid. The request for clarification and the response will, ~sbe through E-mail siteetlightnngkp@ [Link]) within stipulated time period, Response through other mode other than above e- mail in stipulated time will not be entertained. i NNG reserves the right to interpret the Bid submitted by the Bidder in accordance with the provisions of this document and make its own judgment regarding the interpretation of the same. In this regard NNG shall have no ability towards any Bidder and no Bidder shall have any recourse to NNG with Fespect to the selection process. NNG shall evaluate the Bids using the evaluation Process specified in this document or as amended, at its sole discretion, NG's decision in this regard shall be final and binding on the Bidders.6 64 62 17 Evaluation of Bids ‘The Procedure for Finalization of BID would be as follows: Finalization of BID: a. Firstthe Technical bids shall be opened and evaluated. bb. Then the price bid of technically qualified bidders shall be opened inalization of Successful Bidder: fa. First the Technical Bids shall be opened and evaluated. Then the price bid of technically qualified parties shall be opened. b. The lowest rate (ie. L-1) received (and in turn approved by the competent authority) would be the “Approved Rate”. c. The approved lowest rate may be extended to other technically qualified bidders, if necessary, subject to prior approval from the competent authority. 4. Allocation to other bidders, if required, will be determined based on their previous performance record. e. Municipal Commissioner, Nagar Nigam Gorakhpur, (NNG) reserves the right to allocate additional capacity to the Firms based on the performance and speedy work execution, £ NNG will assign locations to the short-listed contractor/ bidders /Suppliers. Training of the users and operators will be arranged by the contractor/bidder. hh. Ifrequired NG reserves the right to negotiate with (lowest) L-1 bidder before finalization of the tender. i. NNG reserves the rightto accept any bid and to rejectany or all bids, i. NNG reserves the right at the time of awarding the contract to increase or decrease the quantity of works as per terms and conditions. 1General Conditions of the contract 7.1 Definitions dl 18) “NNG' shall mean The Municipat Commissioner of NNG or his representative and shall also include its successors in interest and assignees. The “Contractor” shall mean (successful bidder) i. the person whose Bid has been accepted by NNG and shall include his legal representatives and successors in interest. The contract/agreement will be based on rate contract for 12 months, The work must be completed within 4 months from the date of issuance of work order on turnkey basis, That on the request of the contractor/ bidder and also in the interest of the organization the "NNG" is authorized to extend the validity of the agreement, Subject to that the request of the contractor/ bidder is received before the expiry of the agreement period, Maximum period of extension shall be 6 months on the same terms and conditions as contained in this agreement. The agreement shall be deemed to be extended tll the date of completion oflast work order including 5 years comprehensive O&M subject to the completion Period as provided in the ahove sub clause 2 of clause 8.1 In the interest of the work and the program, agreement executed between the contractor/bidder and the "NNG" may be extended to a mutually agreed period, if the need so arises. It shall be sole responsibility of the contractor/ bidder to get verified the quality & quantity ofthe supplied material at the site of delivery. Municipal Commissioner, (NNG) reserves the right to increase or decrease the quantity of Bid to any extent. The decision of Municipal Commissioner will be final and binding, iquidated Damages If the contractor/bidder fails to perform the services/work within the time Periods specified in the contract (In case of delay for any reason other than due to Force Majeure conditions or any extension thereof granted to him by NNG) the “NNG" shall without prejudice to its other remedies under the contract deduct from the contract price as liquidated damage, a sum equivalent to 0.5% of the contract price for each week (For the purposes of calculation of delay, part of week shall be treated as a week) of delay until actual performance up to a maximum deduction of 5% of the contract price, Once the maximum is reached, the "NN ssress of work and take decision where the work order is to be cancelled, forfeit the performance security and debar/blacklist the firm along with its Officers (Director/ Partner/Proprietor as the case may may assess the pro %be) by way of mentioning the Aadhar/GSTIN number as the case may be in the Black list or to continue with time extension with further penalty. In case the liability of the firm is still not recovered the remaining amount would be liable to recovered from the movable /immovable assets of the firm. The contractor /bidder in “NNG" may consider termination of the contract. In the case of violation of contract, NNG may confiscate pending payment/ dues of the contractor/bidder assigning spec debar/blacklist the contractor/ bidder along with its Officers (Director/ Partner/ Proprietor as the case may be) in similar circumstances. NNG may also invoke performance /security.” 2. The contractor/ bidder shall have to comply with all the rules, regulations, laws and by-laws for the time being in force and the instructions if any, of the organization, in whose premises the work has to be done. “NG” shall have no liability in this regard. jc reasons and shall also have the power to 7.3 Force Majeure 1. Notwithstanding the provisions of clauses contained in this deed; the contractor/ bidder shall not be liable for forfeiture of its performance security, liquidated damages, termination for default, ifhe is unable to fulfil his obligation under this deed due to event of force majeure 2. For purpose of this clause, "Force majeure” means an event beyond the control of the contractor/ bidder and not involving the contractor/ bidder's fault or negligence and not foreseeable. Such events may include, butare not restricted to, acts of Government either its sovereign or contractual capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and fright embargoes. 3. However, if a force majeure situation arises, the contractor/ bidder shall immediately notify the "NNG” in writing, ‘The decision of the competent authority of NNG in above conditions shall be final uumstances. 74 Settlement of Disputes and Provisions for Arbitration 1. The High court of Judicature at Allahabad and Courts subordinate thereto, at Gorakhpur, shall alone have jurisdictions to the exclusion of all other courts. 2. NNG shall have at all reasonable time access to the works being carried out by the contractor/ bidder under the contract. All the work shall be carried out by the contractor /bidder to the satisfaction of "NG" 3. Many question, dispute or difference what so ever shall arises between “NNG" and. the contractor/ bidder, in the connection with the agreement except as to matters, the decisions for which have been specifically provided, either party may forthwith give to the other notice in writing of existence of such question, dispute or difference and the same shall be referred to the sole arbitration of the Principal Secretary /Secretary of the Uttar Pradesh or a person nominated by him not below the rank of Secretary. This reference shall be governed by the Indian Arbitration and Conciliation Act 1996, and the rules made there under. The award in such 19] Ae ‘aarbitration shall be final and binding on both the parties. Work under the agreement shall be continuing during the arbitration proceedings unless the “NNG" or the arbitrator directs otherwise. 78 Confidentiality 1. The successful Bidder shall maintain strict confidentiality ofall documents, record notes of discussion, drawings, designs and other technical information supplied to them by NNG or prepared by them in respect of the works under this contract and shall not pass on any information to any other agencies/organizations without the written permission of the NNG. 2. After completion of works, the successful Bidder should return all relevant documents to NNG, The contractor/ bidder shall not, without the consent in writing of “NNG", transfer, assign or sublet the work under the contract or any substantial part thereof to any other party/contractor any part of the same to any party without the previous written consent of the other party. 7.7 Taxes Duties and Insurance: 1. The price quoted should include all taxes including GST, duties and Insurance expenditure etc. whatsoever. Supplier/contractor/bidder shall be entirely responsible for all taxes, duties, license fees, ete. All taxes payable as per Government income tax & GST or any other tax State or Central Government ‘norms will be payable by the contractor/ bidder whatsoever. Ifany new tax/duty 's levied during the contract period, the same will be borne by the contractor exclusively, CGST, SGST and TDS will be deducted from the payment of the contractor/ bidder as per the prevalent laws and rules of Government of India and Government of the Uttar Pradesh in th is regard, 8 Inspections and Tests 1. The following inspection procedures and tests are required by the “NNG" in the presence of “NNG"'s representative if so desired by "NNG' 2. The “NNG" or its representative shall have the right to inspect and / or to test the g00ds to confirm their conformity to the contract. The special conditions of contract and/ or the technical specifications shall specify what inspections and test the "NNG" required 7.9 Inspection at Works: 1. The "NNG’, his duly authorized representative shall have at all reasonable times access to the contractor/bidders premises or works and shall have the power at all reasonable time to inspect and examine the materials and workmanship of 20] the works during its manufacture1 ‘The contractor/ bidder shall give the “NNG", 7 day's written notice of any material being ready for testing. It shall be mandatory that such notice should reach“NNG" within 30 days of placement of work order. Such tests shall be on the contractor/ bidder's accounts/expenses except for the expenses of the inspector. “NNG" reserves the full rights, to waive off inspection of material ‘The contractor/ bidders are required to get the entire lot of the ordered material nspected at one time, before the supply of the materials. In case the contractor/ bidder fails to get the entire lot inspected at one time, the total expenses of the further inspection will be borne by the supplier/contractor/ bidder. NNG will bear the inspector cost at only one manufacturing plant. Ifa component is produced in more than one location, then the cost of positioning the inspection in the second and subsequent plants would he borne by the successful Bidder at their cost. ‘The inspection by “NNG" and issue of dispatch instruction there on shall in no way limit the liabilities and responsibilities of the contractor/ bidder in respect of the agreed quality assurance prog m forming a part of the contract. 40 Warranty: ‘The contractor/ bidder shall warranty as per standards for quality that anything to be furnished shall be new, free from all defects and faults in material, workmanship and manufacture, shall be of the highest grade and consistent with established and generally accepted standards for material of the type ordered, shall be in full conformity with the specifications, drawing or samples, iFany and shall if operable, operate properly. Nothing in clause 10 above shall in any way release the contractor/ bidder from any guarantee or other obligations under this contract. Performance of Equipment: In addition to the warranty as already provided, the contractor bidder shall guarantee satisfactory performance of the equipmentand shall be responsible for the period or up to the date specified in bid hereof after the equipment has been accepted by the “NNG" to the extent for any defects that may develop such dk all be removed at his own cost when called upon to do so by the *NNG' The Warranty period shall be 25 Years for the PV modules and 5 years for complete system including battery from the date of commissioning and handing over of the system. The contractor/ bidder shall rectify defects developed in the system within Warranty period promptly. In case the defects are not rectified within a week of the receipt of the complaint by the contractor/ bidder "NNG" shall have full liberty to restore the system in working condition. The expenditure so incurred by “NNG" shall be deducted from the contractor/ bidder pending claims, security/performance guarantee deposit or in other law full manner. Since the maintenance of the system may also be taken up by the contractor/ bidder alter expiry of 05 years of warranty period if the end user/” NNG" so desires, the contractor/ bidder shall take up annual maintenance of the installed system. fects 3 gz14. Patent Right and Royalties: 1. ‘The Contractor/ bidder shall indemnify the “NG” against all third-party claims of Infringement of patent, rayalty's trademark or industrial design rights arising from use to the goods or any part thereof. Packing & Forwardin; 1. Contractor/ bidders, wherever applicable, shall after proper painting, pack and Crate all the equipment in such manner as to protect them from deterioration and damage during rail and road transportation to the site and storage at the site till time of installation, Contractor/bidder shall be held responsible for all damage due to improper packing. 2. The contractor bidder shall inform the “NG” of the date of each shipment from his works, and the expected date of arrival at the site for the information of the “NNG" project offices at least 7 days in advance, 7.13 Demurrage WHARF AGE ETC 1. All demurrage, wharf age and other expenses incurred due to delayed clearance of the material or any other reason shall be to the account of the contractor/ bidder 7.44 Insurance: : 1. The goods supplied under the contract shall be fully insured against loss or sition, transportation, storage during transportation shall be included ia the bid price. damage incidental to manufacture or acq Transportation: The contractor/ bidder is required under the contract to deliver the goods to the site. Transportation, storage, safety and security of the supplied material, issuance of road permit etc. shall be the sole responsibility of the contractor /bidder. 7.16 Applicable Law: 1. The contractor/ bidder shall be interpreted in accordance with the laws of the Purchaser’ country ie. India. The station of “NNG” Headquarter shall have exclusive jurisdiction in all matters arising under this contract, 747 Notice: 1, Any notice given by one party to the other pursuant to the contract shall be sent in writing or Email and confirmed in writing to the address specified for that Purpose in the special condition of contract 2. A notice shall be effective when delivered or on the notice’s effective date, whichever is later, 7.8. Timeline, Payment Terms 1. The work completion time for all the above work is 4 (four) months from the date of issuance of work order 2. The payments shall be made as per the following terms and conditions: J 22] 4 @a. 85% ofthe ordered value after the supply, installation and commissioning of the system along with the third-party inspection & handing over certificate, indicating bill of material and successful commissioning duly countersigned by the designated officer and end user. (cost of third-party inspection will be carried by the bidder/contractor) b. The balance 15% payment shall be billed as AMC charges on annual basis kept as security deposit and to be released @ 3% at the end of each year for 5 years, on satisfactory performance and timely submission of quarterly performance report. The Bidder must submit to NNG and upload quarterly inspection report, on RESIMS within 10 days of expiry of each quarter otherwise AMC of respective quarter elapsed. «In case of any ambiguity in interpretation of any of the provisions of the tender, the decision of "NG" shall be final. 4. The Firm must collect AMC charges in the first quarter after the completion of each respective year. [fnot claimed by the firm within three months after expiry of respective year, the firm will be noteligible to claim same amount. Note: 1. The payments shall only be processed after submitting of the work details, bill details and photos etc to NNG, RESIMS website. 2. Uploading of Quarterly inspection report online on RESIMS website is ‘mandatory for CMC Payment Others: 1-V curve of each module technical details such as Voc, Isc, FF, cell efficiency and Pmax ete. shall be supplied along-with each consignment and copy should be handed over to Beneficiaries /NNG. 2. The Contractor/ bidder in consultation with concerned Project Officer of “NNG" will conduct training program for users, focusing on main features, operation and maintenance of the systems. 3. The Contractor/ bidder shall continue to provide spare parts after the expiry of warranty period at the users cost. If the contractor/ bidder fails to continue to supply spare parts and services to users "NG" shall take appropriate action against the Contractor/ bidder. 4. After successful supply/commissioning of the system and training, the system will be handed over to the Beneficiaries /person designated by the NNG. 5. It shall be the sole responsibility of the contractor/ bidder to get verified the quality & quantity of the supplied material at the site of delivery. 6. The NNGhas the right to pick any sample in working condition from field, for random testing of any of the component of the system or complete system from MNRE authorized test center or own. The expenditure on the tests will be borne by the supplier. I 231 C22. 10. 1. 12, 13, 24] Notice statement and other communication send by “NNG" through registered Post or Email to the contractor/ bidder at his specified addresses shall be deemed to have been delivered to the contractor/ bidder. Any work which is not covered under this contract but i essentially required for the completion of job (To the satisfaction of NNG) shall be carried out by the Contractor as extra item or which payment shall be made separately at the rates decided by NNG. ‘The work shall be carried out by the contractor/ bidder as per design and drawings approved by "NG", wherever, necessary, the contractor/ bidder shall submit relevant designs and drawings for approval of “NNG", well in advance, Work carried out without *NNG"'s approval shall not be accepted and the “NNG™ shall have right to get it removed and to recover the cost so incurred from the contractor/ bidder The contractor/ bidder shall provide one copy with each system instruction manual/ routine maintenance manual both in English and Hindi language. The following minimum details must be provided with manual: * About the complete photovoltaic system including PV modules, battery and electronics + Do’sand Don'ts * Clear instructions on regular maintenance and troubleshooting of the system + Name & addre system, * About LED lighting The contractor/ bidder shall not display the photographs ofthe work and not take advantage through publicity ofthe work without written permission of ‘NNG"."The Contractor shall distribute and fix a calendar at site, showing instructions, Do's, Don'ts with each unit. (The format of calendar should be approved by NNG), The Bidder shall enciose declaration along with the Bid if any of the NNG employees or his / her relatives, which term includes wife / husband, parents, srandparents, children, grand-children, brothers, uncles, aunts, cousins and their corresponding in-laws is/are partner(s) with them, The Bidders and their respective officers, employees, agents and advisers shall Observe the highest standard of ethics during the Selection Process, Notwithstanding anything to the contrary contained in this Bid, NNG shall reject 3 proposal without being liable in any manner whatsoever to the applicant, if it etermines that the applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable Practice or restrictive practice (collectively the “Prohibited practices’) in the Selection process, In such an event, the NNG shall, without prejudice to its any other rights or remedies, forfeit and appropriate the performance security, if available, as mutually agreed genuine pre-estimated compensation and damages of the contact person in case of non-functioning of thepayable to NNG for, inter alia, time, cost and effortof NNG, in regard to the work, including consideration and evaluation of such applicant's proposal. 14, Without prejudice to the rights of NNG under the rights and remedies which NNG may have under the Lod (Letter of Award) or the agreement, if an applicant or consultant, as the case may be, is found by NNG to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Selection Process, or after the issue of the Lo or the execution of the agreement, such applicant or consultant shall not be eligible to participate in any Bid or ‘TENDER issued by NNG during a period of 2 (two) years from the date of such finding for the applicant or consultant(as the case may be) has been engaged by NNG. 15. For the purposes of this Clause, the following terms shall have the meaning here in after respectively assigned to them: 2. “Corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of any h the Selection Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the NNG who is or has been associated in any manner, directly or indirectly with the Selection Process or the LOA or has dealt with matters concerning the agreement or arising there from, before or after the execution thereof, at any time pri to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the NNG, shall be deemed to constitute influencing the action: Process; or (ii) save as provided herein, engaging in any manner whatsoever, whether during the Selection Process or after the issue of the LOA orafter the execution ofthe Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the agreement, Who at any time has been or is legal, financial or technical consultant/ adviser of the NNG in relation to any matter concerning the Project; b. “Fraudulent practice” means a misrepresentation or omission of facts or disclosure of incomplete facts, in order to influence the Selection Process; c "Coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any persons or property to influence any person's participation or action in the Selection Process; & “Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the NNG with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Selection Process: or (ii) having a Conflict of Interest; and e "Restrictive practice” means forming a cartel or arriving at any understanding, or arrangement among applicants with the objective of 25 r person connected wi fa person connected with the Selection &261 restricting or manipulating full and fair competition in the Selection Process, 16 Conflict of Interest- A Bidder shall not have a conflict of interest that may affect the Selection Process (the "Conflict of Interest"), Any Applicant found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Authority shall forfeit and appropriate the Performance Security, if available, as mutually agreed genuine pre-estimated compensation and damages payable to the Authority for, inter alia, the time, cost and effort of the Authority including consideration of such Bicider's Proposal, without prejudice to any other right or remedy that may be available to the Authority hereunder or otherwise. e8 Contracting Arrangements 8.1 Signing of the Contract Agreement 1. Before execution of the work,a contract agreement for execution of the work shall be signed by the Bidder with NNG within 7 days of communication from NNG. In case agreement is not executed within the stipulated time, then bidder will be suspended for participating in the tendering process, for a period of one (01) year from bid due date of above referred tender: 2. A formal agreement for a period of 05 (five) year shall be entered into between NNG and the contractor/ bidder for the proper fulfillment of the contract, The expenses of completing and stamping of the agreement shall be paid by the successful bidder. 3. Issue of Letter of Empanelment After execution of the Agreement and Performance Security Deposit, the name of successful bidder(s) will be displayed in website of NNG and a letter of ‘empanelment will be sent to the qualified tenderer. Additional Work Order will be allocated on the performance & speedy work completion, 82. Performance Security 1. Performance Bank Guarantee (PBG) will have to be deposited by the successful Bidder in following manner a. The successful Bidders, who execute the agreement with NNG for the work, shall have to furnish a security amount equivalent to 10% of total value of the work order in the form of Bank Guarantee valid for a period of 60 months from the date of work order. The bank guarantee may be issued by a nationalized bank or schecluled bank of RBI. Bank Guarantee shall be in favor of "Prabhari Adhikari (Path Prakash), NNG", The aforesaid Bank Guarantee shall be furnished prior to the execution of agreement. The performance Bank Guarantee shall be released after completion of installation and commissioning and till the O&M period of all systems mentioned in the particular work order. The format of BG is attached with Bid as Form J: Format of Performance Bank Guarantee (PBG). b. The selected bidder shall have to extend the validity period of the Bank Guarantee beyond the initial date in case, the actual date of completion of the work is delayed due to any reason «No Bank charges or interest shall be payable against the Bank Guarantees; 83 Termination of Contract 1. Termination for insolvency: "NNG" may at any time terminate the contract by giving written notice to the contractor/bidder without compensation to the contractor bidder, if it becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the “NNG". 2, Termination for Convenience: The "NG", may by written notice sentto the contractor/ bidder, terminate the contract, in whole or in part at any time for its 27|P ] a Zp28] convenience. The notice of termination shall specify that termination is for the purchaser's convenience in the interest of “NN “NNG" may at any time by notice in writing to the contractor/ bidder either stops the work all together or reduces or cut it down, If the work is stopped all together, the contractor/bidder will only be paid for work done and expenses distinctly incurred by him as on preparation or the execution of the work up to the date on which such notice is received by him. Such expenses shall be assessed by “NNG", whose decision shall be final and bidding on the contractor/ bidder. Ifthe work is cut down the contractor/ bidder will not be paid any compensation what 80 ever for the loss or profit which he might have made if he had been allowed to complete all the work included in the contract.9 Scope of Work and ‘Technical Sp: cifications ‘The scope of work includes design, supply, installation, commissioning of Solar Street Lighting Systems (18 watt White LED based) with aesthetically designed streetlight luminaire mounted on 6 meters high pole with top mounted monocrystalline solar PV Panel, Lithium Ferro Phosphate Battery placed aesthetically on the pole with waterproof connected to terminate cables from luminaire, PV and Battery including 05 years comprehensive warranty and maintenance at various solar cities of Uttar Pradesh 4as per the terms and conditions in this document and following specifications. ‘The scope of work also include mandatory opening of Service Center in their name in Gorakhpur through which servicing and maintenance should be provided as stipulated quarterly in a year and within 72 hours. General Technical Specifications 7 Solar Street Light (LED based) consist of 6 mir pole LED Solar LiFePO4 Battery ( Top mounted monocrystalline PY Module) with aesthetically designed road lighting optic laminary of 1P 66 & Integrated Pole 6 Mir. Solar lightening system must provide with 5-year warranty against any manufacturing defects, Bidder/vendor must provide branding on cach pole as per instructions given by NNG. The broad performance specications ofa White Light Emitting Diode (W-LED) light source based solar street lighting system are given below. Broad Performance Parameters: Siveet Lighting system with PY Module Daly Indigenous modules shall be used to the project SPV module of 36 cells 110 Wp, Voltage at Maximum Power (Vmpp) 180 V20.39%. Module ‘Voc should be minimum of 22 V. Module efficiency should be > 14.8% Tate Talia Fervo Phosphate (LifePO4/LFP) 128 VOR, 45 AK, aCSTG, DIS Tight Source > Whi Light Emitting Diode (W-LED) 18 Watt{LED +Driver) Light Output + Using LEDS which emits ultraviolet light will not be permitted ahr Out pat ‘White colar (colour temperature 5500-6500 K), The Lumen efficacy of LeD-mininuin 135 lumens/Watt and the lumens output (usinous flux) of luminaries should be >2250 lumen. The illumination should be ‘uniform without dark bands er abrupt variations, and soothing tothe ‘eye Higher light output willbe preferred, 29)onus Pole & Mounting Approx. 4.5 meter above the ground, mounted at pole below the module ‘mounting structure, de] Dusketa dawn Hake of ems must be as ner the BI/ MN echnical specficton and equlvlent rake offered by the bidders in the id. The Bidders nay change the make of tems with the permission of compereer guthority of NMG as and when required on void circumstantial conditions. The bidder shal prev Test Certificate ofthe proposed make of items issued from MNRE authorized testing center or NABL credited tes lab, Minimum Technical Requirements ) Standards 1 | Duty cyete 2 _| TheSolar PV White- [Link] LED Street Light system should be designed to operate for dusk to dawn 7 ‘SPV Modules Only indigenous modules shall be used in the project. SPV module of 36 cols 10 Wp, Voltage at Maximum Power (Vmpp) 18.0 V20.3%, Module Voe should be minimum of 23 ¥. Module efficiency should be > 14.8% at St The open circuitvolige of the PY madules under STC should be at least 22.0 Volts PV module must be warranted for output wattage, which should not be less than 90% at the end of 20 years and 80% a0 the end of 25 yours, The terminal box on the module shall be 1P 65 andl designed for long hfe out door operation i harsh environment should have a prowston lar opening for replacing the cable, if required. The offered module shall be in accordance with the requirements of MINRE, AS per IEC 61215/18 14266 far Crystalline Silicon Terrestrial Photovoltaic (PV module Desig Qualification and Type Approval As per IEC 61730 Part 1- requirements for construction & Part 2 ~ requirements for testing. for safety qualification, Protective devices against surges at the PY medule shall be provided. Low voltage drop ‘bypass diodes shall be provided anc if required, blocking diode(s) may also be procaled Each PY module must use a identification tag which must contain. the following Information + Name ofthe manufactucer with logo + Month and year ofthe manufacture (separately for solar cellsand module) + Country oforigin (separately for solarcells and module) + Unique Serial No and Model No atthe module + Namie ofthe test ab issuing IEC certificate + Madein India [Link]: The brief technical specifications are to be provided in accordance with the requirements outlined in the REP document, Annexure H. (page 57 onwards) 30]WARRANTY ‘The mechanical structures, electrical works including power conditioners/inverters/charge controllers/ maximum power point tracker units/distribution boards/ digital meters/ sswitehgest/ storage batteries, ete. and overall workmanship of the SPV power plants/ systems ‘must be warranted against any manulzeturing/ design/ installation dofects for a minimum period ofS years. “Teaceabilty of the product to be supplied In order ta prevent the misuse of the produet such as unauthorized sale ar diversion to the open market, the following incorporation shall be made in the product 'a)_Engraving (or) Screen printing of NNG at a suitable place as per requirement of site. 1b) The unique system ID number as provided by NNG shall be embossed or punch or permanently eiveted at suitable place ofthe system as per requirement ofsite. WARRANTY AND MAINTENANCE |. The PV modules will be warranted for a minimum period of 25 years from the date of supply. (Output wattage should not be less than 90% at the end of 10 years and BOY atthe end of 25 years) 2. The mechanical structures, electrical components including evacuation infrastructure and overall workmanship of the solar plant system must be warranted for a minimum of Syears from the date of commissioning and handing over of the system, 3, The Comprehensive Maintenance (within warranty period) may be executed by the firm themselves or through the authorized dealer/ service center of dhe frm in the concerned Division, The contractor) bidder shall be responsible to replace tree of cast (Including transportation and insurance expenses) to the purchaser whole or any part of supply which under normal and proper use become dysfunctional within 7 days of ise of aay such complaint by the purchaser 5. The service personnel of the Successful Bidder will make routine quarterly maintenance visits, The ‘maintenance shall nclide thorough vesting & replacement of any damaged parts Apart from the any complaint registered/ service cals received / faults notified in the report generated by the IVRS should be attended to and the system should be repaired) restored replaced within 72 hrs 6. Normal and preventive maintenance ofthe systems will also be the duties ofthe deputed personnel during (quarterly maintenance visits During operation and maintenance period of the systems, f there is any loss or damage of any component due tommiss management/miss handling oF due to any otter reasons pertaining tothe deputed personnel, what-so- ever, the supplier shall be responsible for immediate eeplacement/rectfiation. The damaged component may be repaired or replaced by new component. 3110 Forms - Part I: Technical 10.1 Form A: Covering Letter 32] FROM :-(Full name and address of the Bidder) To: ‘The Municipal Commissioner, Nagar Nigam Gorakhpur (NNG) Town Hall, Gorakhpur 273001, U.P. Subject: - Offer in response to Bid No: /NNG/ LED based Solar Street Lighting System /2025-26 Sir, We hereby submit our offer in full compliance with terms & conditions of the above Bid without any deviations, We confirm that, we have the capability to supply, install and carryout § years Comprehensive warranty & maintenance of LED based Solar Street Lighting System at various locations under limits of Nagar Nigam Gorakhpur. We are fully agreed with Terms &Conditions, Technical Specifications, and Warranty with § years of comprehensive maintenance and Payments Conditions etc laid down in this bid document. in line with the requirement of the Bid Documents, we have uploaded the following documents to the Bid Form a. Form A: Covering Letter b. Form B: General Particulars of the Bidder Form C: Checklist 4d. Proof D: Proof of payment or demand draft for cost of payment of the tender document, @ Form E: Earnest Money Deposit to be submitted as DD or BG from any nationalized or scheduled bank in the specified format {Form F: Bidder documentary evidence in support of the Pre-Bid Eligibility Criteria Form G: Schedule of Experience (Supply & Installation) Form H Declaration on Notarized Affidavit that the information provided by the Bidder is true to the best of its knowledge, specifically pertaining to the experience furnished & conflict check ai, Form I: Format of Performance Bank Guarantee (PBG) j. Form J: Format for bid security declaration k. Form K: Format for power ofattorney L Form L: Format for Joint Commissioning and Handing over certificate /Warrantee Card, m, Form M: Certificate of NNG Project Officer Form N: Format: Technical Bid 0. The Bid document issued by NNG, amendments / corrigendum / interpretations/ addendum/clarifications ete. for the work if any, duly signed by the Bidder asa token of unconditional acceptance. p. Audited Profit and Loss Account and Balance sheet along with CA certificate (Turnover and net worth) for the last three financial years are to be enclosed. 4. Copy of Certificate of Incorporation. Copy of the GST number of the firm. s. Copy of Permanent Account Number (PAN) issued by IT department. L. Information regarding ex-employees of NNG or its subsidiary companies working in the bidder organization if any. The bidder can use its own format regarding the same. u. Memorandum and Article of Association v. Any other information, the Bidder desires to furnish in connection with this Bid. Until a formal / legally binding Contract is prepared and executed between us, this bid, together with your written acceptance thereof in the form of your Notifications of Award shall constitute a Bid Contract between us forall legal purpose. We understand that you are not bound to accept the lowest or any bid that you may receive or might have received. We, hereby, declare that the persons or firms interested in this proposal are named herein and that no person or firm other than mentioned herein have any interest in this proposal or in the Contract to be entered into, if the award is made on us. This proposal is made without any connection with any other person, firm or party likewise submitting a proposal of their own, and without any collusion or fraud, Thanking You. Regards, Signature of the Authorized Representative: Full Name of the Authorized Representative & Address of the Firm Date with Seal:10.2 Form B: General Key Tiformation 1 [Name of Bidder 2 | Postal Address 3_| Mobile no, 4 [Telephone 3_| Ema 6 | Web ste [| Name, designation and” Mobile Phone = 7 | No of the representative of the Bicker towhomall references shall be nade Name and address of the 2 | inanyforeign coliavoration itary Have anything/extra other than price of 9 | items (as mentioned in price Sehedute) |__| been written inthe price schedule a Tao | Have te Bidder wo pay arrears of ['’ [ income tax. ityes up to what amount? Have the Bidder ever been debarced By 11 | any Govt. Deptt/ Und undertaking any work? Details ofotfer (please mention number 12 | ofpages and number of Drawings inthe hard copy) Reference of any other lnformation 43 | awached by the tenderer (pease Mention no. of pages & no, of drawings) 14 _| Details of EMD pay inslip and tender fees (UTR number oF FDR number} Signature of the Authorized Representative: Full Name of the Authorized Representative & Address of the 34]?10.3 Form C: Checklist se | ligt ity Particulars Documents to be Particulars im brief of the Documents 10 tigibitity registered incorporated under Companies Act, 1956 or Companies Act 2013/ an further amendment (3) oF a registered partnership firm (registered under section 59 ofthe Partnership Act 1932) oF a limited linbiity partnership funder the Limited Liability Parenership et 2002)/ Proprietorship. (System integrators are also allowey to participate in the bie) | ne. | criterta submitted ea acer by the Bidder. 1 [Tender Fee | Tender Foe of Rs 11800/- (inclusive of | Relevant proof Earnest | GST) inthe Form of FDR or RTGS/NEFT Money for any other online mode. ‘The bidder should submit EMD in the form of RTGS/NEFT or any other online mode or FDR of 2 % of Estimated Cost, Z| Company —] The bidder — should bea | Conacate oF Relevant Incorporation issued by the Registrar of Companies and certtcation proof showing he establishment of tim in respective category | Test Report Tider should have — valid Test Certificate for the tendered LED based Solar Street Lighting System (complete system) / Main components (ke PV Module, Battery & LED Lighting Unit) of LED based Solar Street lighting system Issued from MNRE authorized testing ‘enter or NABL accredited test ab. Tet_repor of MNRE/NABL accredited lab + Test report © Issuing date + Name of Lab; | | | Authorization Letter in the name of | Bidder issued from OEM. | Manufacturer | Authorization Contfieate of Main components (ie. PV | Modile, Battery & | LED Lighting Unit) of | LE 18 wat soar Lighting system. 7 [ow FT copy_of valld GSTIN registration | Vale STN | Tesng date certificate & PAN CARD Registration Ceruieate & proof of PAN | card | | l 35|Pa |Particulars iw brief of the Documents to bbe submitted by the Bidder, se | eveitey | cut Documents to be No. | Criteria | Particulars submitted Hidde Tun over Ciena: Average Anvall Daly authored copy] Me facil urve urng elast Sper | gp aamnenwed oP | Mle datove 2s 2005-24 Hoots enine | Of audited a = Sis ark ofthe previous aed yet | reper Balance Shee | Z02ac0a4 shoule be at least $0%6 af the estimated | for last five years isto | 2024-2025; cost (A summatzed sheet of average | be submitted by | average turnover certified by registered CA should id P ed along with audited Balance | "’sPondent along | turnover age salem vA Huta Bale |i cher | ae Shoo), 6 | Technical | Past Performance: The bidder must bd a Workorder copies) | As per Experience | engaged Lod’s and Satistactory] Anmexure-S In the above said business in tast Five| work Completion years Ls, 2020-2021, 2021-2072, 2022-| (oncom? Hoza, 2025-2024 ” and 2024-2005], Pen However, work experience regarding | & Proof of successfully, Similar work ie. Solar Street Light in| completed similar collectively trom any Contral/State Govt. | works must be issued| Orzntation (nung el body oF | yar ofthe iu)/Comypany. rank of Executive Experience of having succostaly | Engineer or completed similar works during lat five | equivalent or higher Yeats eninglast day ol month previous to | suthor the one in which applications are invited 3 shouldbe ether ofthe folowing 08 similar completed works costing not less than the antoun equal to 40% of the estimated cast 02 similar completed works costing not fess than the amount equal to 50% of the estimated cost, or 7 simiar completed works costing not less than the amount equal to 80% of the estimated cost 36]T Panicolars tw Se | DIY | parsers Bacuments 10 be | Documents to No. | criteria submited oem 7 a by the Bidder, TP Nerworat | The bidders Net worth a5 on the Tast| Duly authorised copy day of preceding nani year must be | of audited anna | sebmted along vith ar practicing cXs | certcate. 3 | Notarized |i. An wnceraking What the sevice Affidavit by | centers will be opened in allotted theBidder | jgcarions and list wil be submited | ® tated aidait before supply and installation for Should be submitted | | eaiaaer around ot tans been | | Debarred/blacklsted by any. of the organizations of the Stae/Cen tral Government. (A notarized affidavit Should be submited on non judical samp paper} | T Bidder shoul vot have aay dues of income. tax and GST of the Slate/ Cenwal “Government. (A notarized affidavit Should be submited on non judicial stamp paper) ‘call the information and documents Submited nthe Bid arecorret | 3 General and spece/ Teenie [3 Fechateal Pave = bid TECHNICAL BID Note: © Bids received without supporting documents for the various requirements mentioned in the Bid document may be rejected. * Noextra paper Other than required as above should be submitted in Bid. Signature of the Authorized Representative: Full Name of the Authorized Representative & Address of the Firm Date with Seal: 37] FF104 Form D: Proof of payment ordemand draft for cost of payment of the tender document. Signature of the Authorized Representative: Full Name of the Authorized Representative & Address of the Firm Date with Seal:105 Form E: Earn nationaliz specified forma [Duly Notarized on Rs. 100/-Stamp Paper] Money [ pe submitted as DD or BG from any (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution.) In consideration of the (insert name of the Bidder) submitting the Bid inter alia for Response to RIS for “Supply, installation, testing and commissioning of 18 watt LED based Solar Street Lighting System (Top mounted monocrystalline PV Module) including 5 years comprehensive warranty, Operation and maintenance for various locations under limits of Nagar Nigam Gorakhpur, as per specification given in Scope of Work of Bid Document.” for meeting the requirements of NNG in response to the Bid dated [Insert date of Bid] issued by NNG, (hereinafter referred to. asNNG) and such NNG / Procurer(s) agreeing to consider the Bid of ...... {Insert the name of the Bidder] as per the terms of the Bid, the (Insert name and address of the bank issuing the EMD, and address of the head office) (here in after referred to as Guarantor Bank") hereby agrees unequivocally, irrevocably and unconditionally to pay to NNG or its authorized representative at Nagar Nigam Gorakhpur, Gorakhpur, Uttar Pradesh, forthwith on demand in writing from NNG or any representative authorized by itin this behalf an amount not exceeding Rupees (RSvcoonenesne) only [Insert amount not less than as calculated as. per Clause of Earnest Money Deposit of Bid] on behalf of M/s. {Insert name of the Bidder This guarantee shall be valid and binding on the Guarantor Bank up to and including. (Insert date of validity of EMD in accordance with Section 3 Clause 3.7 Earnest Money Deposit of this RfS) and shall not be terminable by notice or any change in the constitution of the Guarantor Bank or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, or agreed with or without our knowledge or consent, by or between concerned parties. Our liability under this Guarantee is restricted to RUPEES nnn (RS ) only. Our Guarantee shall remain in force until [Date to be inserted as per validity mentioned in Clause of Earnest Money Deposit] NNG / Procurer(s) or its authorized representative shall be entitled to invoke this Guarantee until [Insert Date validity mentioned in Section 3 Clause 3.7 Earnest Money Deposit The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the written demand from NNG / Procurer(s) or its authorized representative, made in any format, raised at the above-mentioned address of the Guarantor Bank, in order to make the said payment to NNG / Procurer(s) or it authorized representative. ‘The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions and notwithstanding any objection, disputes, or disparities raised by the Bidder or any other person. The Guarantor Bank shall not require NNG / Procurer(s) or its authorized representative to justify the invocation of this BANK GUARANTEE, nor 39] oe ehshall the Guarantor Bank have any recourse against NG / Procurer(s) or its authorized representative in respect of any payment made hereunder, ‘his BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at Gorakhpur shall have exclusive jurisdiction, The Guarantor Bank represents that this BANK GUARANTEE has been established in such formand with such content that its fully enforceable in accordance with ite terms 8 against the Guarantor Bank in the manner provided herein, ‘his BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation, restructuring liquidation, winding up, dissolution or any other change in the constitution of the Guarantor Bank. This BANK GUARANTEE shell be « primary obligation of the Guarantor Bank and accordingly, NNG / Procurer(s) ot its authorined action mative shall not be obliged before enforcing this BANK GUARANTEE to take any sea it any Court or arbitral proceedings against the Bidder, to make any claimy security nati}, demand on the Bidder or to give any notice to the Bidder to enforce any Security held by NNG / Procurer(s) or its authorized representative or to exercise, levy or enforce any distress, diligence or other process against the Bidder ihe Guarantor Bank hereby agrees and acknowledges that NNG / Procurer(s) shall have a right to invoke this Bank Guarantee either in part or in full,as it may deem fit. Notwithstanding anything contained hereinabove, our liability under this Guarantee tg restricted to Rs someone (RS. only) and it shall remain in force UNE rmwsvenvonsnnne (Date tO be inserted on the basis of Clause of Earnest Money Deposit of Bid}, We are liable to pay the guaranteed amount or any part thereof under this BANK GUARANTEE only if NNG / Procurer(s) or its authorized representative serves upon us a written claim or demand, [naviness whereof the Bank, through ts authorized officer, has setts hand and stamp ON IS ea usnonene thay Of at Witnes Ta cons om Signature Name and address Signature Name: Designation with Bank Stamp Signature Name and address Attorney as per power of attorney No. ener soo. (Insert Name of the Bank] Banker's Stamp and Full Address: Dated this reece JAY OF eonsenne 20, 40)» AE10.6 Form F: Bidder documentary evidence in support of the Pre-Bid Eligibility Criteria ans al Lice : Retr pre [ ania 1] The bidder should be a firm rogistered/incorporated under Companies Act, 1956 or Companies Act, 2013/ and further amendment (3), or @ registered partnership firm (registered under section 59 of the Partnership Act, 1932) or a limited liability partnership (under the Limited Liability Partnership Act, 2002)/ Proprietorship. (System integrators are also allowed to participate inthe bid) Z| Bidder should have valid Test Corifeate for the tendered LED based Solar Street Lighting System (complete system) / Main components (ie PV Module, Battery & LED Lighting Unit) of LED based Solar Stroot lighting system issued from MNRE authorized testing center or NABLaccredited test lab 3] Past Performance: The bidder nust be engaged in the above said business in last Five years ie. 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025. However, work experience regarding similar work 1, Solar Street Light in collecively from any Centeal/State Govt. Organization (including local body or autonomous institutions working under it)/Company Experience of having successfully completed similar works during last five years ending last day of month previous to the one in which applications are invited should be either of the following: (03 similar completed works costing not less than the amount equal to 40¥6 of the estimated cost. or (02 similar completed works costing not less chan the amount equal to | 150% of the estimated cost or (02 similar completed works costing not less than the amount equal to 0% ofthe estimated cost | The Bidder should have val GSTIN registration certicate. A copy of which should be enclose. 5 | Bidder Turn over Criteria Average Annual Hnanchal turnover during the last 3 years (Le. 2022-23, 2023-24, 2024-25) ending 3st March of th previous financial year should be at least 30% of the estimated cast. (A Summarized sheet of average turnover certified by registered CA shoul be sunitted along with audited Balance Sheet). [The bidders Net worth a6 on the last day of preceding financial year must be positive Signature of the Authorized Representative: Full Name of the Authorized Representative & Address of the Firm a1]Date with Seal 10.7 Form G: Schedule of Experience (Supply & installation) (lease attach certificates in support from the concerned nodal agency /Govt Organization Project owner for work executed in case of private owner the joint commissioning report along with officer of Nodal agency /govt organization) Signature of the Authorized Representative: Full Name of the Authorized Representative & Address of the Firm Date with Seal: 42 [Page10.8 Form I: Declaration on Notarized Affidavit that the information provided by the Bidder is true to the best of its knowledge, specifically pertaining to the experience furnished & (To be submitted by the Biider along with the Bid) (To be executed on non-judicial stamp paper of suitable value) We. (hereinafter referred to as the ider) being desirous of Bid for the work under the above-mentioned Bid and having fully understood the nature of the work and having carefully noted all the terms and conditions, specifications etc. as mentioned in the Bid document, DO NEREBY DECLARE THAT 1. The Bidder is fully aware of all the requirements of the Bid document and agrees with all provisions ofthe Bid document. 2, The Bidderis capable of executing and completing the workas required in the Bid. 3. The Bidder accepts all risks and responsibilities directly or i connected with the performance of the Bid. 4, The Bidder has no collusion with other Bidders, any employee of NNG or with any other person or firm in the preparation of the bid. 5, ‘The Bidder has not been influenced by any statement or promises of NNG or any ofits employees, but only by the Bid document, 6. The Bidder is financially solvent and sound to execute the work, 7. ‘The Bidder is sufficiently experienced and competent to perform the contract, to the satisfaction of NNG. 8. Theinformation and the statements submitted with the Bid are true 9, ‘The Bidders familiar with all general and special laws, acts, ordinances, rules and regulations of the Municipal, District, State and Central Government that may affect the work, its performance or personnel employed therein. 10. The Bidder has not been debarred from any type of work by NNG and or Government undertaking/ Department. his offer shall remain valid for acceptance for 3 Months from the date of opening of financial part of Bid. 12. The Bidder gives the assurance to execute the e-tendered work as per specifications terms and conditions. Signature of the Authorized Representative: Full Name of the Authorized Representative & Address of the Firm directly 1, 43 ee “SgDate with Se: Witness Signature - Name & Address of the witness 44]10.9 Form: Format of Performance Bank Guarantee (PBG) (To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution.) In consideration of the --~- [Insert name of the Bidder] (hereinafter referred to as selected Successful Bidder (SB)) submitting the response to Tender document inter alia for selection of the Project for the capacity of Nos in response to the Bid No, dated. issued by NNG and NNG considering such response to the Tender document of ......{insert the name of the Successful Bidder] (which expression shall unless repugnant to the context or meaning thereof include its executers, administrators, successors and assignees) and issuing Letter of allocation No ~~ to- {insert the name of the Successful Bidder(SB)) as per terms of Tender document and the same having been accepted by the selected SB or a Project Company, M/s~ fa Special Purpose Vehicle (SPV) formed for this purpose), if applicable ]. As per the terms ofthe Bid document, the [insert name & address of bank] hereby agrees unequivocally, irrevocably and unconditionally to pay to NNG at. [insert Name of the Place from the address of the NG] forthwith on demand in writing from NNG or any Officer authorized by it in this behalf, any amount up to and not exceeding Rupees---- [Total Value] only, on behalf of M/s __[Insert name of the selected Successful Bidder(SB)/ Project Company) This guarantee shall be valid and binding on this Bank up to and including.......{insert date of validity in accordance with Bid document}.and shall not be terminable by notice or any change in the constitution of the Bank or the term of contract or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, or agreed with or without our knowledge or consent, by or between parties to the respective agreement Our liability under this Guarantee is restricted to Rs. (Bs. only). Our Guarantee shall remain in force until.........NNG shall be entitled to invoke this Guarantee till ‘The Guarantor Bank hereby agrees and acknowledges that NNG shall have a right to Invoke this BANK GUARANTEE in part or in full, as it may deem fit. ‘The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition to the written demand by NNG, made in any format, raised at the above- mentioned address of the Guarantor Bank, in order to make the said payment to NG. ‘The Guarantor Bank shall make payment hereunder on first demand without restriction or conditions and notwithstanding any objection by- Insert name of the Successful Bidder(SB)/ Project Company as applicable] and/or any other person. The Guarantor Bank shall not require NNG to justify the invocation of this BANK wi } ao ihGUARANTEE, nor shall the Guarantor Bank have any recourse against NNG in respect of any payment made hereunder This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the courts at Gorakhpur shall have exclusive jurisdiction, ‘The Guarantor Bank represents that this BANK GUARANTEE has been established in such form and with such content that it is fully enforceable in accordance with its terms as against the Guarantor Banks in the manner provided herein, This BANK GUARANTEE shall not be affected in any manner by reason of merger, amalgamation, restructuring or any other change in the constitution of the Guarantor Bank. This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and accordingly NNG shall not be obliged before enforcing this BANK GUARANTEE te take any action in any court or arbitral proceedings against the Successful Bidder(SB) / Project Company . to make any claim against or any demand on the Successful Bidder(SB)/ Project Company or to give any notice to the Successful Bidder(SB)/ Project Company or to enforce any security held by NNG of to exercise levy oF enforce any distress, diligence or other process against the Successful Bidder(SB)/ Project Company. Notwithstanding anything contained hereinabove, our liability under this Guarantee is restricted to Rs, _ (Rs. —only) and it shall remain in force until We are liable to pay the guaranteed amountorany part thereofunderthis Bark Guarantee only if NG serves upon us.a written claim or demand, Signature__ Name. Power of Attorney No. Email ID, For __[Insert Name of the Bank]. Banker's Stamp and Full Address. Dated this__day of__,20__ Witness: 1 Signature Name and Address Notes: The Stamp Paper should be in the name af the Executing Bank and ofappropriate value. 46](o be stamped on non judicial stamp paper as per the stamp actof the state where the document is made) Ref Date: Subject: Declaration of bid security requirement. We, ___(insert name of the Bidder) hereby provide this undertaking to NNG, in respect to our response to Bid vicle Bid No. dated, We undertake that we will abide by the provisions of the Bid for the activities pertaining to submission of response to ‘Tender, during the bid validity period. We undertake not to withdraw or modily our bid during the bid validity period, in line with provisions of the Tender. Incase we withdraw or modify our response to the Bid during the bid validity period, or violate other provisions of the Tender which make the bid non responsive, we, (insert name of the bidder) including our Parent, Ultimate Parent, and our Affiliates shall be suspended/debarred from participating in upcon ing tenders issued by any department of Uttar Pradesh Government for a period of 5 years from the date of default as notified by NNG. (Name and Signature of the Authorized Signatory 47|