Trabajo a futuro

F. AWARD OF CONTRACT 24.0 AWARD CRITERIA

24.1 a) The Employer will award the contract to the successful bidder as per the “Conditions for conducting e-RA after e-tendering” which is enclosed as Appendix-1 to the ITB.  

b) The mode of contracting with the successful bidder will be as per stipulation outlined in relevant SCC Clause No.4 and briefly indicated below:

 ‘First Contract’ for Ex-works supply of all equipment and Specified Spares complete in all respect.

 ‘Second Contract’ providing all services, i.e. inland transportation for delivery at site, unloading, storage, handling at site, installation, testing and commissioning of plant including transmission network, all Civil Work and land development including statutory approvals, permits and license etc., and integration to the Grid and performance testing in respect of all the equipment supplied under the ‘First Contract’ and any other services specified in the Contract Documents.

 ‘Third Contract’ for Comprehensive Operation and Maintenance for a period of 10 years including 24 months of defect liability period from the date of commissioning of the Solar Power project.

c) Entire responsibility with regard to “Engineering, Procurement and Construction (EPC) contract for development of 30 MWp Solar Power Project at Kalpi(UP) with its O&M for ten years” will remain with Contractor irrespective of the modality of ordering and the Contractor shall coordinate all activities for smooth and timely completion of the project. In such a manner, as if there has been no split in the scope.

All Above contract(s) shall contain a cross-fall breach clause specifying that breach of one Contact shall automatically constitute a breach of the other Contract(s) and accordingly termination of one Contract shall constitute automatic termination of all the other contracts.

24.2 The Employer may request the Bidder to withdraw any of the deviations listed in Attachment 6 to the winning bid, at the price shown for the deviation in Attachment 6A to the bid. Bidder would be required to comply with all other requirements of the Bidding Documents except for those deviations which are accepted by the Employer.

24.3 During e-Reverse Auction, if no bid is received with in specified time, the Employer at its discretion, may decide to close the e-Reverse Auction process and proceed with results of e-tendering. In such a situation , in case of discrepancy between the price quoted in Price Bid (Schedule-5:

Grand Summary) and individual Price Schedules 1 to4, the lesser of the amount(s) quoted in Price Schedule(s) 1 to 4 and quoted against Price Bid (Schedule- 5: Grand Summary) shall be considered at the time of award

of work to the lowest bidder and shall be considered to arrive at Contract Price.

25.0 EMPLOYER’S RIGHT TO ACCEPT ANY BID OR REJECT ANY OR ALL BIDS

Notwithstanding Clause 24 above, the Employer reserves the right to accept or reject any bid, and to cancel the bidding process and reject all bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected bidder or bidders However, the Bidder(s) who wish to seek reasons for such decision of cancellation/ rejection shall be informed of the same by Employer unless its disclosure reasonably could be expected to affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the state or lead to incitement of an offence.

26.0 NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT

26.1 The bidder whose bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period through the

“Notification of Award”, which will state the sum that the Employer will pay to the Contractor in consideration of the execution, completion by the Contractor as prescribed by the Contract.

26.2 The notification of award will constitute the formation of the Contract until the formal Agreement is signed pursuant to ITB clause 26.3 and further subject to the furnishing of a performance security deposit in accordance with the provisions of ITB Clause 27. Within 30 days of date of issue of Letter of Acceptance, Contract Agreement shall be drawn with the successful bidder on prescribed Form.

26.3 The Agreement will incorporate all agreements between the Employer and the successful bidder. It will be signed by the Employer and the successful bidder after the performance security deposit is furnished.

26.4 The Contract shall be signed in three originals (two for Employer and one for contractor). The language of the contract shall be English.

26.5 The Contractor shall provide free of cost to the Employer all the engineering data, drawing and descriptive materials submitted with the bid, in at least three (3) copies to form a part of the Contract immediately after Notification of Award.

Subsequent to signing of the Contract, the Contractor at his own cost shall provide the Employer with at least twenty (20) true hard copies of Contract Agreement within thirty (30) days after signing of the Contract.

27.0 PERFORMANCE SECURITY DEPOSIT

27.1 Within 30 (thirty) days after receipt of the Letter of Acceptance, the

accordance with Clause 3 of General Conditions of Contract valid till end of Defect Liability Period.

27.2 Failure of the successful Bidder to comply with the requirements of Clause 27.1.shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security. He will also be debarred from participating in bids invited for one year.

27.3 Bidders shall communicate the following bank details of NHPC to the issuing Bank for online confirmation of Bid Guarantee to be submitted in terms of Clause 14 of ITB and Performance Security to be submitted in terms of Clause 27 of ITB:

Name of the beneficiary: NHPC Ltd.

Account No.: 10813608692 IFSC Code: SBIN0009996

Address of the Bank: State Bank of India, Jawahar Vyapar Bhawan, Tolstoy Marg, New Delhi, Branch Code: 09996. 

28.0 ADVANCES

The Employer will provide Advance as provided in General Conditions of Contract.

29.0 CORRUPT OR FRAUDULENT PRACTICES

The Employer requires the bidders/contractors under this contract observe the highest standard of ethics during the procurement and execution of this contract. In pursuance of this policy, the Employer:

(a) defines, for the purpose of these provisions, the terms set forth below as follows:

(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; and

(ii) “fraudulent practice” means a misrepresentation 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 Bidders (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 practices” means a scheme or arrangement between two or more Bidders with or without the knowledge of the Borrower, designed to establish Bid prices at artificial, non- competitive levels;

(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract.

(b) A Bid may be rejected by the Employer if it is determined at any stage that the respective Bidder has engaged in corrupt or fraudulent or collusive or coercive practices in competing for the contract in question.

(c) The Employer will declare a Bidder ineligible, either indefinitely or for a stated period of time, to award a contract/contracts if he at any time determines that the

Bidder has engaged in corrupt or fraudulent or collusive or coercive practices in competing for, or in executing, the contract.

31.0 INFORMATION W.R.T. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES (MSES) ORDER`2012:

MSME Development Act`2006 is applicable to all contractors/suppliers/service providers. Therefore information as per “Form-7 Part-II of Section-I(ITB) ” 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 point Registration Scheme for the goods/services at NSIC or District Industries Centre (DIC) or Khadi and village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum are exempted from furnishing the cost of tender document fees.

They should furnish (both offline & online) a Notarized copy of the valid registration certificate/ Entrepreneurs memorandum (EM-II) details/ other relevant documents issued by above board/body in their favors, for the goods/

services covered under this tender document. No other bidders are exempted from furnishing cost of tender fee as mentioned above.

b. Bid security / EMD:

Micro and Small enterprises (MSEs) Units registered with NSIC under their Single Point Registration Scheme or District Industries Centre (DIC) or Khadi and village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum for the goods/services are exempted from furnishing the Bid Security deposit/ EMD.

They should furnish with the Bid (both offline and online) a Notarized copy of the valid registration certificate / Entrepreneurs memorandum (EM-II) details/ other relevant documents issued by above board/body in their favors, for the goods/services covered under this Tender document. No other bidders are exempted from furnishing Bid Security/EMD as mentioned above.

Bids received unaccompanied by either an acceptable Bid Security or a notarized photocopy of valid certificate of registration stated as above shall be rejected as being non-responsive and returned.

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 or District Industries Centre (DIC) or Khadi and village Industries Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or Directorate of Handicrafts and Handlooms or any other body specified by Ministry of MSME or MSEs having Udyog Aadhar Memorandum for the goods/ services, covered in this Tender document shall also be eligible for the Purchase Preference.

bringing down their price to ^*L1 price in a situation where ^*L1 price is from someone other than an MSE and such MSEs shall be allowed to supply at least 20% of total tendered value. In case more than one such MSEs, the supply will be shared proportionately (to tendered quantity).

In case of tender item is non-splitable or non-dividable, etc. MSE quoting price within price band ^*L1+15% may be awarded for full/complete supply of total tendered value to MSE, considering spirit of Public Procurement Policy, 2012 for enhancing the Govt. Procurement from MSE.

Out of 20% target of annual procurement from MSEs, a sub target of 4% (i.e. 20%

out of 20%) will be earmarked for procurement from MSEs owned by SC/ST entrepreneurs. 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 4% sub-target for procurement earmarked for MSEs owned by SC/ST entrepreneurs will be met from other MSEs.

*L1= Lowest evaluated Bidder after e-tendering and/ or e-Reverse Auction (as the case may be)

Definition of MSEs owned by SC/ST is as given under:

(a) In case of proprietary MSE, proprietor(s) shall be SC/ST

(b) In case of partnership MSE, the SC/ST partners shall be holding at least 51%

shares in the unit

(c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters.

d. ‘MSME Development Act 2006’ is applicable to all contractors/suppliers/service providers. Therefore information as per “Form-7 Part-II of Section-I (ITB)”appended hereto is required to be submitted/enclosed by the bidder along with bid.”

32.0 GENERAL

No Engineer of Gazetted Rank or other Gazetted Officer employed in Engineering or Administrative duties in an Engineering Department of the Government of India is allowed to work as a contractor/contractor’s employee for a period of one year after his retirement from Government service, without the prior permission of the Government of India in writing. The bid shall become invalid and/or contract is liable to be cancelled if either the contractor or any of his employees is found any time to be such a person who had not obtained the permission of the Government of India as aforesaid before submission of the bid or engagement in the contractor's service.

Bidder shall also intimate the names of persons who are working with him in any capacity who are near relatives to any official of the Employer. Any breach of this condition by the bidder/contractor would render him liable to be removed from this contract.

G. IMPORTANT INSTRUCTIONS TO BIDDER(S) FOR ONLINE BIDDING