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TABLE OF CONTENTS FOR SECTION - II

2.1

Introduction__________________________________________________________II -1

2.1.1

Source of funds______________________________________________________ II -1

2.1.2

Eligible Bidders______________________________________________________II - 1

2.1.3

Availabilty of Bid Documents_____________________________________________II -1

2.1.2

Cost of Bidding_______________________________________________________II - 1

2.2

Bid Documents_______________________________________________________ II - 2

2.2.1

Content of Bid Documents______________________________________________ II - 2

2.3

Clarification of Bid Documents___________________________________________ II - 3

2.4

Amendment of Bid Documents__________________________________________ II - 3

2.5

Preparation of Bids___________________________________________________ II - 3

2.6

Documents Comprising the Bid__________________________________________ II - 3

2.7

Bid Form___________________________________________________________ II - 4

2.8

Bid Prices___________________________________________________________ II - 4

2.9

Bid Currencies_______________________________________________________ II - 6

2.10

Documents Establishing Bidders Eligibility and Qualifications__________________II - 7

2.11

Documents Establishing Eligibility of Goods and Conformity to Bid Documents____ II - 7

2.12

Bid Security_________________________________________________________II - 8

2.13

Period of Validity of Bids_______________________________________________II - 9

2.14

Format and signing of Bid _____________________________________________II - 9

2.15

Submission of Bids _________________________________________________II - 10

2.15.2 Submission of Bid in the CD ROM _____________________________________ II - 10

2.16

Modification and Withdrawal of Bids ____________________________________ II - 11

2.17

Bid Opening and Evaluation___________________________________________ II -11

2.17.1 Opening of Bids by ADHPL____________________________________________II -11

2.18

Clarification of Bids__________________________________________________II - 11

2.19

Preliminary Examination______________________________________________II - 12

2.20

Conversion to Single Currency_________________________________________II - 12

2.21

Evaluation and Comparison of Bids_____________________________________II - 12

2.22

Contacting ADHPL __________________________________________________II - 14

2.23

Award of Contract___________________________________________________II - 14

2.24

Award Criteria______________________________________________________II - 14

2.25

ADHPLs right to vary Quantities at Time of Award_________________________II - 14

2.26

ADHPLs Right to Accept Any Bid and to Reject Any or All Bids_______________II - 15

2.27

Notification of award_________________________________________________II - 15
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2.28

Signing of Contract__________________________________________________II - 15

2.29

Performance Security________________________________________________II - 15

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SECTION II
INSTRUCTIONS TO BIDDERS
2.1 Introduction
2.1.1

Source of Funds
This Project is proposed to be funded by ADHPL and by International Finance
Corporation (IFC-Washington) and Indian Financial Institutions.

2.1.2

Eligible Bidders
Eligible Bidders are defined in Section III- Qualifying Criteria.

2.1.3

Availability of Bid Documents

The Bidders may obtain the Bid Documents from the office of ICCS at the cost and
place given in Section - I.

2.1.4

Cost of Bidding
Bidders shall bear all costs associated with the preparation and submission of their
Bids, and AD HYDRO POWER LIMITED will in no case be responsible or liable for
these costs, regardless of the conduct or outcome of the bidding process. No claim
against ADHPL shall be made in respect of such costs.

2.1.5

The specifications, standards and other details of the Goods and the Works are given in
Section VII, Section VIII, Section IX and Section X of the Bid Documents. The Bidders
are advised to study the same carefully before bidding and they shall be deemed to
have fully acquainted themselves with the Technical Specifications.
(i)

The Bidders in their own interest, and at their own cost and expense may visit the
Sites For execution of the Works (as defined in the General Conditions of
Contract) to inspect and examine the same and its surroundings and satisfy
themselves, before submitting their Bids, in respect of the conditions of the Sites
For execution of the Works including but not restricted to the following which may
influence or affect the Supply of the Goods or the Works or cost in respect thereof
or any other matter related to the Contracts:
(a)

Conditions of the Sites For Erection including access to the same for
installation of the Goods and performance of the Works, existing and
additional required access roads and other means of transport/
communication (other than those owned by ADHPL) for use by the
Contractor in connection with the Works;

(b)

Requirement and availability of land, energy needs and other facilities for
the Works, colonies, stores and workshops, etc

(c)

Ground conditions including those having a bearing upon transportation,

disposal, handling and storage of materials required for the Works or
obtained therefrom;

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(d)

Source and extent of availability of suitable materials including water,

aggregates, etc. and labour (skilled and unskilled), required for Works
and laws and regulations governing their use and employment;

(e)

Geological, meteorological, topographical conditions and other general

features of the Sites For Erection and its surroundings as are pertaining
to and needed for the performance of the Works.

(f)

The type of equipment and facilities needed, preliminary to, for and in the
performance of the Works; and

(g)

All other information pertaining to and needed for the Works including
information as to the risks, contingencies and other circumstances which
may influence or affect the Works, its costs or any matter related or
incidental thereto.

(ii)

The Sites For Erection for the purposes of the Works will be handed over to the
Contractor on as is where is basis.

(iii)

Bidders should note that information, if any, in regard to the Sites For Erection
and/or local conditions, contained in the Bid Documents, (except for the material
agreed to be supplied by ADHPL which are specifically detailed in the Bid
Documents), has been given only to assist the Bidders and is not warranted to
be true, complete or accurate in all respect. The Bidders should make all such
independent enquiries or verifications as may be necessary and requisite for
them to submit the Bid and/or supply the Goods and perform the Works.

(iv)

Bidders should note and bear in mind that ADHPL shall bear no responsibility for
the lack of acquaintance of the Sites For Erection and other conditions or any
information relating thereto, on their part. The consequences of the lack of any
knowledge, as aforesaid, on the part of the Bidders shall be at their risk and cost
and no charges or claims whatsoever consequent upon the lack of any
information, knowledge or understanding shall be entertained or payable by
ADHPL.

2.2 Bid Documents

2.2.1

Content of Bid Documents

2.2.1.1 The Supply and Works required, Bidding procedures and contract terms in respect
thereof are prescribed in these Bid Documents.
2.2.1.2 Bidder is expected to examine all instructions, forms, schedules, terms, and
specifications in the Bid Documents. Failure to furnish all information required by the Bid
Documents or submission of a Bid not substantially responsive to the Bid Documents
will be at Bidders risk and shall result in rejection of its Bid.
Any submission of a Bid shall be deemed to have been done after careful study and
examination of these documents, with a full understanding of the implications thereof. The
terms, conditions and specifications set out in the Bid Documents shall be deemed to
have been accepted unless otherwise, specifically indicated by the Bidder in the Bid and
such modified terms expressly accepted by ADHPL in the LOI.
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2.2.1.3 All Bidders are cautioned that Bids containing any variations or deviations whatsoever
from the terms and conditions, specifications, drawings, designs, etc. as contained in
the Bid Documents may be summarily rejected as non-responsive unless the said
variations or deviations are specifically indicated under the terms hereof. Any variation
or modification indicated by the Bidder in the Bid Documents shall be effective only upon
acceptance of the same by ADHPL in writing in the LOI. It is clarified that there shall not
be any deemed or implied acceptance of any variation or modification by ADHPL.
2.3 Clarification of Bid Documents
Any bidder requiring any clarification of the Bid Documents may notify ADHPL through
ICCS in writing or by Fax at the ICCS address indicated in Section I. ADHPL may
respond in writing to any request for clarification of the Bid Documents that is received
on or before 11.04.2006. ADHPL shall not be obliged to respond to all clarifications and
communications issued or sought by Bidders. Written copies of ADHPLs response
(including an explanation of the query but without identifying the source of inquiry) will
be sent to all prospective Bidders who have purchased the Bid Documents.
2.4 Amendment of Bid Documents
2.4.1

At any time prior to the deadline for submission of Bids, ADHPL through ICCS may, for
any reason, whether at its own initiative or in response to a clarification requested by a
prospective Bidder, change, alter or modify the Bid Documents by amendment(s).

2.4.2

The amendment(s) will be transmitted in writing or by fax to all prospective Bidders who
have purchased the Bid Documents from ICCS and will be binding on them.

2.4.3

In order to afford prospective Bidders reasonable time in which to take the amendment
into account in preparing their Bid, ADHPL may, at its discretion, extend the deadline for
the submission of Bids.

2.5 Preparation of Bids

2.5.1

Language of Bid
Bid prepared by Bidder and all correspondence and documents relating to the Bid
exchanged by Bidder and ADHPL shall be written in the English language. Any printed
literature furnished by Bidder may be written in another language so long it is
accompanied by an authenticated English translation of its pertinent passages. Any
failure to comply with this provision may render the Bid liable to be rejected. In the event
of any discrepancy between the Bid in a language other than English and its English
translation, the English translation shall prevail.

2.6 Documents Comprising the Bid

Bid prepared by Bidder shall comprise in addition to other documents, the following
components:
a)

Duly completed Bid Forms and Price Schedule, Data and Manuals in
accordance with the Specifications.

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b)

Documentary evidence establishing, in accordance with Clause 2.10, that Bidder

is eligible to Bid and is qualified to perform the Contract(s) if its Bid is accepted;

c)

Documentary evidence establishing, in accordance with Clause 2.11, that the

Goods to be supplied and Works to be executed by the Bidders are eligible
Goods and Works and conform to the Bid Documents;

d) A hard copy of the Bid Documents, initialled on each page by Bidder.

e)

Bid Security furnished in accordance with Clause 2.12.

f)

Details of technical and supervisory personnel already employed by Bidder

which he proposes to utilise for Supply of the Goods and execution of the Works
and such other personnel which he proposes to employ further for the showing
proposed manpower for each activity and work for each month during entire
period of supply of the Goods and execution of the Works.

g)

The details of Contractors estimated requirements of the materials to be

supplied and issued by ADHPL for the performance of permanent Works under
the Contract on a monthly basis as required vide Section V of the Bid
Documents.

The above stated requirements are only informative and minimum and ADHPL reserves
the right to call for any other additional information from the Bidders and the Bidders
shall have the obligation to provide all such information.
2.7 Bid Form
Bidder shall complete the Bid form and the price schedule furnished in the Bid
Documents, indicating for the Goods to be supplied and Works to be executed, a brief
description of the goods, their country of origin, quantity and prices.
2.8 Bid Prices
2.8.1

Bidder shall indicate on the price schedule forming a part of these Bid Documents, the
unit prices and the total Bid Prices of the Goods it proposes to supply or Works to be
executed rendered, under the Contracts in the format given under Price Schedules.

2.8.2

Prices indicated on the Price Schedules shall be entered separately in the following
manner:
a)

for Goods supplied from within India:

i)

the price of the Goods quoted ex-factory, ex-warehouse or off-the-shelf, as

applicable, including all taxes and duties, levies, loading of Goods and any other
taxes already paid or payable:

on the components and raw material used in the manufacture or assembly

of the Goods quoted ex-factory; or
on the previously imported Goods of foreign origin quoted ex-showroom,
ex-warehouse or off-the-shelf;
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ii)
iii)
iv)
v)
vi)
vii)
viii)

b)

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any sales, excise, duty and any other taxes/cess/levies, which will be payable on
the supply of Goods if this Contract is awarded;
Transportation of Goods from ex-factory, ex-warehouse or off-the-shelf to final
destination.
Marine cum erection insurance valid till commissioning and issuance of
acceptance and taking over of Transmission Line by ADHPL.
the price of mandatory spares, special tools/accessories listed in Section VII of
the Bid Documents, Technical Specifications, in the individual parts;
the price of optional spares, if any, proposed by Bidder (this item will not be
taken into account in evaluation). These prices shall be valid for a period of 3
years from the date of LOI.
The modvat benefit or any other benefit given by Govt. of India shall be passed
on to ADHPL.
It is clarified, if required, the inclusion of the aforementioned charges in respect
of transportation and insurance in the Bid price shall be at the sole discretion of
ADHPL. In particular, ADHPL reserves the right to independently arrange for
insurance and transportation of the Goods.
for Works executed from within India:

i)
ii)
iii)

iv)
i)
i)

ix)
x)
xi)

d)

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charges for unloading, storage, safe custody at sites including Sites For Erection
until the Transmission Line is duly commissioned and handed over,
transportation from stores to Sites For Erection other local costs incidental if any;
the cost of incidental works listed in Clause 5.15 A of the General Conditions of
Contract;
the cost of assembly, erection, testing and commissioning as detailed in the
Special Conditions of Contract and the Technical Specifications (this cost shall
be inclusive of all costs, charges and incidentals such as cost towards boarding,
lodging and transportation of Bidders personnel which shall be the responsibility
of Bidder alone);
Training of ADHPLs personnel.
for Goods to be supplied from abroad:
the price of the Goods, packing, forwarding and delivery on CIF at port of entry
to India basis including marine freight, insurance and port handling at Indian port
shall be given. Custom clearances and payment of custom duty, taxes/levies/or
any other taxes, inland transportation, marine cum erection insurance etc. shall
be quoted separately as given in the price schedule.
the price of mandatory spares, special tools/accessories listed in Section VII of
the Bid Documents, Technical Specifications, in the individual parts;
the price of optional spares if any proposed by Bidder (this item will not be taken
into account in the evaluation). These prices shall be valid for a period of 3 years
from the date of LOI.
It is clarified, if required, the inclusion of the aforementioned charges in respect
of transportation and insurance in the Bid Price shall be at the sole discretion of
ADHPL. In particular, ADHPL reserves the right to independently arrange for
insurance and transportation of the Goods.
for Works to be performed from abroad:

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i)
v)
vi)

vii)

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charges for unloading, storage, safe custody at sites including Sites For Erection
until the Transmission Line is duly commissioned and handed over,
transportation from stores to Sites For Erection other local costs incidental if any;
the cost of incidental works listed in Clause 5.15 A of the General Conditions of
Contract;
the cost of erection, testing and commissioning as detailed in the Special
Conditions of Contract and the Technical Specifications (this cost shall be
inclusive of all costs, charges and incidentals such as cost towards boarding,
lodging and transportation of Bidders personnel which shall be the responsibility
of Bidder alone);
Training to ADHPLs personnel

2.8.3

ADHPL shall be at liberty to ask for the further break-up of the prices at the time of the
evaluation process of the Bid. Bidderss separation of the price components in
accordance with Clause 2.8.2 above will be solely for the purpose of facilitating the
comparison of Bids by ADHPL and will not in any way limit ADHPLs right to award a
Contract on any of the items offered. In particular, ADHPL will not be obliged to award
the Contract for the supply of the Goods and the execution of the Works to a single
Bidder.

2.8.4

Price Breakdown: Bidder shall indicate the complete price breakdown for each item of
equipment, assemblies, sub-assemblies and services, showing duties, taxes, and other
cess, levies etc. separately to facilitate calculation of progress payments. For
evaluation purpose, prices quoted as indicated in Clause 2.8.2 will be taken into
account.

2.8.5

If price for any item is not quoted by bidder, then loading with highest quoted price of
that item from any Bidder shall be taken for evaluation/loading.

2.8.6

The price shall be quoted strictly as per the price schedule against each item indicated
in price schedule. No lump sum price shall be allowed and bids quoted with lump sum
price may be rejected.

2.8.7

Where Bidder has considered Deemed Export Benefits, it must give all information
required for issue of Project Authority Certificate in terms of the Import - Export Policy
along with its Bid. The Project Authority Certificate will be issued on this basis only and
no subsequent change will be permitted. Where ADHPL issues such Project Authority
Certificate, Excise Duty will not be reimbursed separately. However, any certificate
required to be issued to obtain any such facility shall be arranged by ADHPL.

2.8.8

Bids, which do not conform, to this provision will be treated as non-responsive and
rejected.

2.8.9

Price Adjustment:
Prices quoted by Bidder shall be firm during the performance of the Contract and shall
not be subject to change for any reason whatsoever. A Bid submitted with a price
variation quotation will be considered non-responsive and shall be rejected.

2.8.10 Price Breakdown:

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Bidder shall indicate the complete price breakdown for each item of equipment,
assemblies, sub-assemblies and services, showing duties, taxes, and other levies
separately to facilitate calculation of progress payments.
2.9 Bid Currencies
2.9.1

Prices shall be quoted either in Rupees (Indian currency) for supplies and Works from
within India or currency of Bidders home country or in US Dollars for foreign suppliers
of Goods and Works. Furthermore, a Bidder expecting to incur a portion of its
expenditures in the performance of the Contract in more than one currency, and wishing
to be paid accordingly, shall so indicate in its Bids. In such a case, either:
a)
b)

2.9.2

2.10

the Bid shall be expressed in the different currencies and the respective amounts in
each currency together making up the total price, or
the total Bid price shall be expressed in one currency and payments required in
other currencies expressed as a percentage of the Bid price along with the
exchange rate used in such calculation.

Agents and service facilities in India:

a)

If a foreign Bidder has engaged an Indian agent, it will be required to give the
following details in its Bids:
the name and address of the local agent;

what service the agent renders;

the amount of remuneration for the agent included in Bid

Copy of the agreement between the foreign Bidder and the local agent.

b)

The agents commission shall be indicated in the space provided in the Price
Schedules and will be paid to Bidders agent in India in Indian Rupees using the
market rate of exchange ruling on the date of award of Contract and shall remain
firm for the entire term of the Contract irrespective of any exchange rate
variation.

Documents Establishing Bidders Eligibility and Qualifications:

Bidder shall furnish, as part of its Bid, documents establishing Bidders eligibility to Bid
and its qualifications to perform the Contract, if its Bid is accepted and shall consist of:
a)
in the case of a Bidder offering to supply Goods under the Contract which Bidder
did not manufacture or otherwise produce, proof that Bidder has been duly
authorized (as per Manufacturers Authorization Form in Section XVI) by the
Goods manufacturer or producer to supply the Goods in India;
b)

proof that Bidder has financial, technical and production capability necessary to
perform the Contract and meets criteria outlined in the Qualification
Requirements specified including in particular the capability to supply the Gods
and execute the Works on Turnkey Basis.

c)

in the case of a Bidder not currently doing business within India, proof that
Bidder is or will be (if successful) represented by an agent in India fully equipped
and able to carry out Contractors maintenance, repair and spare-part stocking

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obligations prescribed by the Conditions of Contract and / or Technical

Specifications.
2.11

Documents Establishing Eligibility of Goods and Conformity to Bid Documents

2.11.1 Bidder shall furnish, as part of its Bid, documents establishing the eligibility and
conformity to the Bid Documents of all Goods and Works, which Bidder proposes to
supply and execute under the Contract.
2.11.2 The documentary evidence of the eligibility of the Goods and Works shall consist of a
statement in the price schedule of the country of origin of the Goods and Works, which
shall be confirmed by a certificate of origin at the time of shipment. The said certificate
of origin shall be issued by a Chamber of Commerce or a department authorized in this
behalf in the country of origin or export of the Goods.
2.11.3 The documentary evidence of the conformity of the Goods and Works to the Bid
Documents may be in the form of literature, drawings and data, and shall consist of:
a)

a detailed description of the Goods, essential technical and performance

characteristics;

b)

a list giving full particulars including available sources and current prices of all
spare parts, special tools, etc., necessary for the proper and continued
functioning of the Goods for a period of 5 years, following commencement of use
of the Goods by ADHPL; and

c)

a Clause-by-Clause commentary on ADHPLs Technical Specifications

demonstrating the substantial responsiveness of the Goods and Works to the
Specifications or a statement of deviations and exceptions to the provisions of
Specifications.

2.11.4 Bidder shall note that standards for workmanship, material and equipment and
references to brand names and lists of approved manufacturers or catalogue numbers
designated by ADHPL in its Technical Specifications are intended to be descriptive only
and not restrictive. Bidder may substitute alternative standards, brand names and/or
catalogue numbers and manufacturers in its Bid, provided that it demonstrates to
ADHPLs satisfaction that the substitutes are substantially equivalent or superior to
those designated in the Technical Specifications.
2.12

Bid Security

2.12.1 Bidder shall furnish, as part of its Bid, Bid Security in the amount equivalent to
10,00,000 (Indian Rupees Ten Lacs only) or 25000 US $ (Twenty Five Thousand
Dollars only). The Bidder shall include in his scope all the items mentioned in
Schedule of Requirements under Section VII and shall not exclude any part of
same.

Rs.
US
the
the

2.12.2 Security is required to protect ADHPL against risk of Bidders conduct, which would
warrant the securitys forfeiture, pursuant to Clause 2.12.7.
2.12.3 Bid Security shall be denominated in the currency of Bid or US Dollars, and shall be in
one of the following forms:
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a) A bank guarantee or irrevocable Letter of Credit issued by a nationalized bank

located in India or abroad acceptable to ADHPL, in the form provided in the Bid
Documents or another form acceptable to ADHPL and valid for 45 days beyond the
validity of Bid; or
b) A demand draft in favour of AD HYDRO POWER LTD, payable at New Delhi, India.
2.12.4 Any Bid not secured in accordance with Clause 2.12.1 and Clause 2.12.3 above will be
rejected by ADHPL as non-responsive, pursuant to Clause 2.19 (Preliminary
Examination).
2.12.5 Unsuccessful Bidders Bid Security will be discharged / returned as promptly as possible
but not later than 30 days after expiration of the period of Bid validity prescribed by
ADHPL.
2.12.6 Successful Bidders Bid Security will be discharged upon Bidders execution of the
Contract pursuant to Clause 2.28 (Signing of Contract), and furnishing the Performance
Security pursuant to Clause 2.29(Performance Security).
2.12.7 Bid Security may be forfeited:
a)
If a Bidder withdraws, amends, impairs, derogates or modifies its Bid during the
period of Bid validity specified by Bidder on the Bid Form in a manner noncompliant with the provisions of the Bid Documents; or
b)
In case of a successful Bidder, if it fails:
to sign the Contract in accordance with Clause 2.28 (Signing of Contract); or to
furnish Performance Security in accordance with Clause 2.29 (Performance
Security).
2.12.8 No interest shall be payable by ADHPL or accrue to the Bidders on the Bid Security.
2.13

Period of Validity of Bids

2.13.1 Bids shall remain valid for 120 days after the date of Bid opening prescribed by ADHPL,
pursuant hereto, ADHPL shall reject Bid valid for a shorter period as non-responsive.
2.13.2 ADHPL may, at its own discretion, or solicit Bidders consent to an extension of the
period of validity. The request and the responses there to shall be communicated to the
Bidders in writing by fax. The Bid Security provided under Clause 2.12 shall also be
suitably extended to cover such extended period of validity of Bids. During such
extended period of validity of Bids Bidder shall not be permitted to modify, amend or
change its Bid.
2.14

Format and signing of Bid

2.14.1 Bidder shall prepare six (6) copies of Bid, clearly marking one Original Bid and others
as Copy Bid, as appropriate. In the event of any discrepancy between them, the
original shall govern.
2.14.2 Bidder shall clearly specify the scope of works undertaken by him in the offer on top of
each Bid i.e. Bid for Design, testing and supply of Towers, Conductor, Earthwire, Disc
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Insulators, Hardware Fittings & their accessories and Bid for erection, testing &
commissioning of 220 kV D/C Panarsa - Nalagargh Transmission Line.
2.14.3 The original and all copies of Bid shall be typed or written in indelible ink and shall be
signed by Bidder or a person or persons duly authorized to bind Bidder to the Contract.
In the case of a person or persons authorized by the Bidder, a duly executed written
power of attorney shall accompany the Bids. All pages of Bid, except for un-amended
printed literature, shall be initiated by the person or persons signing Bid.
2.14.4 Bid shall contain no interlineations, erasures or overwriting except as necessary to
correct errors made by Bidder, in which case such corrections shall be initialled by the
person or persons signing Bid.
2.14.5 Bids can be signed by any of the following persons:
(i)

In case of a company, the Bid shall be signed by a person duly authorized by the Board
of the company by a Board Resolution under the common seal of the company and a
power of attorney issued thereafter to sign the Bid and the execution of the contract in
case of the acceptance of the Bid. Such limited company may be required to furnish
satisfactory evidence of its existence before the contract for the Work is awarded.

(ii)

In case of a Registered Partnership Firm, the Bid shall be signed by every partner of the
firm giving their full names and current business addresses or a managing Partner
holding General Power of Attorney issued by all the Partners on behalf of the firm for
signing the Bid; in which case a certified copy of the power of attorney shall accompany
the Bid. In case of the unregistered partnership firms the Bid shall be signed by every
partner of the firm giving their full names and current business addresses.

(iii)

In case of a sole proprietorship firm, Bids shall be signed by proprietor. In such case the
signature of the Bidder shall be attested from the Bank where the firm is maintaining the
Account.

(iv)

In case of an authorized agent of the manufacturer of the Goods, the Bid shall be signed
by the person duly authorized by the agent by way of power of attorney accompanied by
the agreement between the manufacturer/Contractor and agent supported by a duly
executed letter of authority issued by the manufacturer/Contractor to submit the Bid by
the agent on its behalf.

(v)

In the event of formation of a consortium or the Joint Venture by two or more

firms/companies, Bids shall be signed by the authorized persons as stated above, of all
the members of the said consortium or joint venture.

(vi)

If the Bid is submitted by an individual, it shall be signed by such individual with his full
name and his current business address together with other personal details as may be
specified.

(vii)

All witnesses and sureties shall be persons of status and their full names, occupation
and addresses shall be stated below their signatures.

2.15

Submission of Bids

2.15.1 Sealing and Marking of Bids

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Bidders shall seal the original and each copy of Bids in separate envelopes, duly
marking on the envelopes as Original and Copy. All these inner envelopes shall be
properly enclosed in one single outer envelope. All the envelopes shall be properly
sealed and marked.
The inner and outer envelopes shall:
a)

be addressed to Consultant at the following address:

DGM (Electrical)
Indo Canadian Consultancy Services,
Bhilwara Towers,
A-12, Sector 1,
Noida 201 301 (U.P.)
b)

Ph. No. : +91 112541810 Extn: 510

Fax No. : +91 11 2531648, 2531745
E-Mail : iccs@lnjbhilwara.com
: pkgiri@lnjbhilwara.com

bear the Bid Name, Bid Document No. and the Tender Call No.

The outer envelope shall indicate the name and address of Bidder to enable Bid to be
returned unopened in case it is declared late.
If the outer envelope is not sealed and marked as required by this Clause, ADHPL will
assume no responsibility for misplacement, misuse or premature opening of Bids.
2.15.2 Submission of Bid in the CD ROM
In addition to the submission in the format as prescribed in Clause 2.15.1, the Bidders
shall also furnish all the Technical Schedules, Price Schedule and other
schedules/forms as indicated in Section VIII to XXIII in the form of soft copy through a
CD ROM. ADHPL shall be giving the format of the same in a CD ROM to enable the
Bidder to use it and submit the same with the Bid. So far as possible the drawings to be
submitted by the Bidder along with the Bid and the information to be given by the Bidder
should also be submitted by the Bidder in the form of a soft copy in a CD ROM Drive.
2.15.3 Deadline for submission of Bids
Bids complete in all respects must be received by ADHPL in accordance herewith. In the
event of the specified date of Bid opening being declared a holiday for ADHPL, Bids will
be received upto the appointed time on the next working day.
ADHPL may, at its discretion, extend this deadline for submission of Bids by amending
the Bid Documents in accordance with Clause 2.4, in which case all rights and
obligations of ADHPL and Bidders previously subject to the deadline will thereafter be
subject to the deadline as extended.
2.15.4 Late Bids
Any Bid received by ADHPL after the deadline for submission of Bids prescribed by
ADHPL, will be rejected.
2.16

Modification and Withdrawal of Bids

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2.16.1 Bidder may modify or withdraw its Bid after its submission by providing a written notice
of the modification or withdrawal which shall be received by ADHPL prior to the deadline
prescribed for submission of Bids.
2.16.2 Bidders modification or withdrawal notice shall be prepared, sealed, marked and
dispatched in accordance with the provisions of Clause 2.15. A withdrawal notice may
also be sent by fax but followed by a signed confirmation copy, post marked not later
than the deadline for submission of Bids.
2.16.3 No Bid may be modified subsequent to the deadline for submission of Bids.
2.16.4 No Bid may be withdrawn in intervening period between the deadline for submission of
Bids and the expiration of the period of Bid validity specified by Bidder on the Bid Form.
Withdrawal of a Bid during this intervening period may result in Bidders forfeiture of its
Bid Security, pursuant to Clause 2.12.7 in addition to such other rights and remedies
that may be available to ADHPL in law.
2.17

Bid Opening and Evaluation

2.17.1 Opening of Bids by ADHPL

ADHPL will open Bids in the presence of Bidders representatives who choose to attend
at the location on the date and time specified in Section I, Invitation for Bids.
Bidders representatives who are present shall sign a register to evidence their
attendance. In the event of the specified date of Bid opening being declared a holiday
for ADHPL, Bids shall be opened at the appointed time and location on the next working
day.
Bidders names, Bid prices, modifications, Bid withdrawals and the presence or absence
of the requisite Bid Security and such other details as ADHPL, at its discretion, may
consider appropriate will be announced at the Bid opening. ADHPL shall prepare the
Minutes of the Bid opening and shall circulate the same to all the Bidders. The minutes
prepared and circulated by ADHPL shall be conclusive evidence of the matters
transpired at the meeting.
2.18

Clarification of Bids
To assist in the examination, evaluation and comparison of Bids, ADHPL may at its
discretion, ask any Bidder for clarification of any aspects of its Bid, including breakdown
of unit rates. The request for clarification and the Bidder's response shall be in writing
and shall be submitted before the expiration of Bid validity. Failure by the Bidder to
provide such clarifications to the satisfaction of ADHPL in the Bid validity period shall
render the Bid of the concerned Bidder liable for rejection. In such an event, in addition
to such other rights or remedies that may be available to or adopted by ADHPL in law,
the Earnest Money Deposit shall be forfeited by ADHPL. No change in price or
substance of Bid shall be sought, offered or permitted unless allowed or advised by
ADHPL.

2.19

Preliminary Examination

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2.19.1 ADHPL will examine Bids to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed, and whether Bids are generally in
order.
2.19.2 Bids from agents without proper authorization from the manufacturer as per Section XVI
shall be treated as non-responsive.
2.19.3 Arithmetical errors will be rectified on the following basis. If there is a discrepancy
between the unit price and the total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total price shall be corrected. If, in
ADHPL's opinion there is an obviously gross misplacement of the decimal point in the
unit rate, the total price as quoted shall govern and the unit rate shall be corrected
appropriately. If there is a discrepancy between words and figures, the amount in words
will prevail. The total amount stated in the Bid shall be adjusted accordingly by ADHPL
in accordance with this procedure for correction of errors and shall be considered as
binding on the Bidder. If the Bidder does not accept the corrected amount of Bid, its Bid
shall be rejected and the Bid Security shall be liable to be forfeited.
2.19.4 Prior to the detailed evaluation, ADHPL will determine the substantial responsiveness of
each Bid to the Bid Documents. For purpose of these Clauses, a substantially
responsive Bid is one, which conforms to all the terms and conditions of the Bid
Documents without material deviations. ADHPLs determination to a Bids
responsiveness is based on the contents of the Bid itself without recourse to extrinsic
evidence.
2.19.5 A Bid determined as not substantially responsive will be rejected by ADHPL and may not
subsequently be made responsive by Bidder by correction of the non-conformity.
2.19.6 ADHPL may waive any minor informality or non-conformity or irregularity in a Bid which
does not constitute a material deviation, provided such a waiver does not prejudice or
affect the relative ranking of any Bidder.
2.20

Conversion to Single Currency

To facilitate evaluation and comparison, ADHPL will convert all Bid Prices expressed in
amounts in various currencies in which Bid Price is payable, to Indian Rupees at the
market selling exchange rate established by the State Bank of India or any other
commercial bank in India, for similar transactions on the date of opening the Bids. Bids
will be initially converted to a common currency at the exchange rates on the date of Bid
opening to establish initial ranking. However, if there is a change in the value of the
currencies prior to the decision on award, Bid Prices will be re-evaluated at the
exchange rates on the date of decision to award. If the decision is taken beyond the
original date of expiry of Bid validity, the exchange rates on the date of expiry of the
initial validity of Bids.

2.21

Evaluation and Comparison of Bids

2.21.1 ADHPL will evaluate and compare Bids previously determined to be substantially
responsive.
2.21.2 ADHPLs evaluation of a Bid will include and take into account:
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a)
a)
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in the case of Goods manufactured in India or goods of foreign origin already

located in India, sales and other similar taxes, which will be payable on the
Goods if a Contract is awarded to Bidder;
in the case of Goods of foreign origin offered from abroad, customs duties and
other similar import taxes which will be payable on the Goods if the Contract is
awarded to Bidder;
any allowance for price adjustment during the period of execution of the
Contract, if provided in Bid;

2.21.3 The ex-factory/ex-warehouse/off-the-shelf price of the goods offered from within India,
shall be payable on components and raw material incorporated or to be incorporated in
the Goods, and the FOB port-of-entry price of the goods offered from outside India.
2.21.4 ADHPLs evaluation of a Bid will take into account, in addition to the Bid Price and price
of erection and the cost of incidental works the following factors in the manner and to
the extent indicated in Clause 2.21.5 and the Technical Specifications:
a)

Cost of inland transportation, insurance and other costs within India incidental to
the delivery of the Goods to their final destination, storage, safe custody at site
till the Works are duly commissioned and handed over;

b)

Delivery schedule offered in Bid;

c)

Deviations in payment schedule from that specified in the Special Conditions of

Contract.

d)

The cost of components, spare parts and services;

e)

The availability in India of spare parts and after sales services for the equipment
offered in Bid;

f)

The quality and adaptability of the equipment offered.

2.21.5 Pursuant to Cl. 2.21.4 the following evaluation methods will be followed:
a)

Inland Transportation, ex-factory/from port-of-entry, Insurance and Incidentals:

Dock handling and clearances (including customs duty), inland transportation,
insurance and other incidentals for delivery of goods to the project site as quoted
by Bidder will be added to the ex-factory / CIF Bid Price.

b)

Delivery Schedule
ADHPL desires to have the Works erected, tested and commissioned within 18
months from the date of order.

c)

Deviation in Payment Schedule:

The Special Conditions of Contract indicates the payment schedule offered by
ADHPL. If a Bid deviates from the schedule and if such deviation is considered
acceptable to ADHPL, Bid will be evaluated by calculating interest earned for
any earlier payments involved in the terms outlined in Bid as compared to those
stipulated in this invitation, at a rate of ten percent per annum.
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Cost of Spare Parts:

If any spare parts are recommended by the Supplier, the cost of the same shall
be indicated. However, the price shall not be loaded by the cost of the
recommended spares.

e)

Performance and Productivity of the Equipment:

The equipment offered should be capable of operating as per loading conditions
of these specifications.

2.22

Contacting ADHPL:

2.22.1 Subject to Clause 2.18 (Clarification of Bids), no Bidder shall contact ADHPL on any
matter relating to its Bid, from the time of Bid opening to the time the Contract is
awarded, unless otherwise required by ADHPL during the process of evaluation of Bids.
2.22.2 Any effort by a Bidder to influence ADHPL in ADHPLs Bid evaluation, Bid comparison or
Contract award decisions may result in rejection of Bidders Bid.
2.23

Award of Contract

2.23.1 Post Qualification

2.24

a)

ADHPL will determine to its satisfaction whether Bidder selected as having

submitted the lowest evaluated responsive Bid is qualified to satisfactorily
perform the Contract.

b)

An affirmative determination will be a pre-requisite for award of the Contract to

Bidder. A negative determination will result in rejection of Bidders Bid, in which
event ADHPL will proceed to the next lowest evaluated Bid to make a similar
determination of Bidders capabilities to perform satisfactorily.

Award Criteria
ADHPL will award the Contract to the successful Bidder whose Bid has been
determined to be substantially responsive and has been determined as the lowest
evaluated Bid, provided further that Bidder is determined to be qualified to perform the
Contract satisfactorily and on turnkey basis. The decision taken by ADHPL shall be final
and binding on all the Parties.

2.25

ADHPLs right to vary Quantities at Time of Award

The quantities mentioned in the Schedule of Requirements under Section VII are
indicative of the approximate quantum of work (based on walkover survey) involved in
this package. This will form the basis for tender evaluation. Detailed Survey is being
done. The short listed Contractor shall be informed about the quantities based on
detailed survey report at order stage. However, these quantities are also subject to
change during detailed engineering (post award). Hence, the Contractor shall furnish
the unit rates of all the equipment as asked for in the price schedules. These unit rates
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shall be applicable while calculating the total Price during execution of the Contract for
billing purpose.
ADHPL reserves the right to split the Contract at his discretion to suit his requirement
among the various Bidders who have participated in this Bid.

2.26

ADHPLs Right to Accept Any Bid and to Reject Any or All Bids
ADHPL reserves the right to accept or reject any Bid, and to annual Bid process and
reject all Bids at any time prior to award of Contract, without thereby incurring any
liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder
or Bidders of the grounds for ADHPLs action.

2.27

Notification of award

2.27.1 Prior to the expiration of the period of Bid validity, ADHPL will notify the successful
Bidder in writing by registered letter or by fax to be confirmed in writing by registered
letter that its Bid has been accepted.
2.27.2 Acceptance of Bid and issuance of LOIs does not constitute a binding agreement inter
se till such time as the Contracts are duly executed.
2.27.3 Upon the successful Bidders furnishing of Performance Security, ADHPL will promptly
notify each unsuccessful Bidder and will discharge its Bid Security. ADHPL shall not be
under any obligation to inform the unsuccessful Bidders, the reasons or grounds for
ADHPL's action.
2.28

Signing of Contracts

2.28.1 Simultaneous with the communication of the LOIs, ADHPL will send the Bidder(s) the
Contract Forms provided in Bid Documents, incorporating all agreements between the
parties.
2.28.2 Within 21 days of the receipt of the Contract Forms, the successful Bidder shall sign and
date the Contracts and return it to ADHPL.
2.29

Performance Security

2.29.1 Within 21 days of the receipt of LOI from ADHPL, the successful Bidder shall furnish the
Performance Security in accordance with Clause 5.8 of the General Conditions of
Contract, by furnishing Performance Security Form provided in the Bid documents or
another form acceptable to ADHPL.
2.29.2 Failure of the successful Bidder to comply with the requirement of Clause 2.28 or
Clause 2.29 herein shall constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security, in which event ADHPL may make the award to the
next lowest evaluated Bidder or call for new Bids at the risk and cost of the Contractor.

Description
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