Jhansi Smart City Limited
National Competitive Bid (NCB)
Bid Reference No: JSCL/CEO/2019-20/207
Bid Document for
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation &
Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/ offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
March, 2020
Jhansi Smart City Limited, Jhansi
Address: - Jhansi Smart City Limited Office, Municipal Corporation Office, Near Elite Circle, Civil Lines, Jhansi (Uttar Pradesh) INDIA
E-mail: [email protected]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 2 of 194 JSCL, Jhansi (UP)
Index
S. No Section Page No.
1 Notice Inviting Bid 3
A) VOLUME – 1 (Bidding Procedure & Qualification Criteria) 17
2 Section I - Instructions to Bidders 18
3 Section II - Bid Data Sheet (BDS) 46
4 Section III - Evaluation and Qualification Criteria 51
5 Section IV - Bidding Forms 59
6 Section V - Eligible Counteries 91
7 Section VI - Fraud and Corruption 92
B) VOLUME – 2 (Conditions and Contract Forms) 95
8 Section VII - General Conditions of Contract 96
9 Section VIII - Particular (Special) Conditions of Contract 123
10 Section IX - Contract Forms 132
C) VOLUME – 3 (Specifications, Approved Makes, Tender
Drawings) 150
11 Section X - Work‟s Requirements/ Technical Specification 151
12 Section XI - Approved Make 184
13 Section XII - Tender Drawing 186
D) VOLUME – 4 (Financial Bid) 188
14 Section XIII – Pre-amble to Bill of Quantities, Abbreviations and
Definitions 189
15 Section XIV - Bill of Quantity
(For Execution and Operation & Maintenance) 198
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 3 of 194 JSCL, Jhansi (UP)
1. Short Tender Notice
JHANSI SMART CITY LIMITED (An initiative of GoI, GoUP & ULB)
Address: - Jhansi Smart City Limited Office,
Municipal Corporation Office, Near Elite Circle, Civil Lines,
Jhansi (Uttar Pradesh) INDIA
CIN : U75230UP2016SGC087873
E-mail : [email protected]
No:- xxxxxx Date :31/03/2020
NIT No. : JSCL/CEO/2019-20/207
Jhansi Smart City Limited (JSCL) Jhansi invites online bids through e-procurement portal https://etender.up.nic.in from eligible bidders in accordance with the National Competitive Bidding
(NCB) with SINGLE STAGE – TWO ENVELOPE Bidding procedure for following works.
1. Detailed NIT & Bid Documents can be seen at the websites https://etender.up.nic.in and
may be downloaded free of cost from the web site (Tender document Fee as explained
above to be deposited at the time of Bid Submission).
2. JSCL reserves right to reject any or all Tenders and/ or cancel/ annul/ keep in abeyance
the Tendering Process.
3. Any subsequent addendum/corrigendum shall be published only at the websites
https://etender.up.nic.in only.
Chief Executive Officer
Jhansi Smart City Limited
Copy to for information please:
1. ___________
2. ___________
Chief Executive Officer
S.
No. Name of Work
Estimated
Cost (Rs. In
Lacs)
Earnest
Money (Rs.)
Tender
Document Fee
payable to CEO,
JSCL, Jhansi
Period of
completion
1 Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with One Hour Battery Backup and Zero Export Device on Government Buildings/ offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Rs. 514.37
R
s.
10,2
9,0
00/-
Tender Document Fee : Rs. 2,360/-
(Rs. 2,000/- + GST @18%)
6 Months
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 4 of 194 JSCL, Jhansi (UP)
Jhansi Smart City Limited
2. DISCLAIMER
The information contained in this Request for Proposal document (the ―RFP‖) or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf of
the JSCL, Jhansi Smart City Limited (here forth referred to as JSCL in this document) or any of
their employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this
RFP and such other terms and conditions subject to which such information is provided.
This RFP is not an agreement and is neither an offer nor invitation by the JSCL to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in preparing their proposal pursuant to this
RFP (the "Bid"). This RFP includes statements, which reflect various assumptions and
assessments arrived at by the JSCL in relation to the Project. Such assumptions, assessments
and statements do not purport to contain all the information that each Bidder may require. This
RFP may not be appropriate for all persons, and it is not possible for the JSCL, its employees or
advisors to consider the investment objectives, financial situation and particular needs of each
party who reads or uses this RFP. The assumptions, assessments, statements and information
contained in this RFP 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 RFP and obtain independent advice from
appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
depends upon interpretation of law. The information given is not an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of
law. The JSCL accepts no responsibility for the accuracy or otherwise for any interpretation or
opinion on law expressed herein.
The JSCL, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of anything contained in
this RFP or otherwise, including the accuracy, adequacy, correctness, completeness or
reliability of the RFP and any assessment, assumption, statement or information contained
therein or deemed to form part of this RFP or arising
in any way in this Bidding Process.
The JSCL also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statements contained in this
RFP.
The JSCL 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
RFP.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 5 of 194 JSCL, Jhansi (UP)
The issue of this RFP does not imply that the JSCL is bound to select a Bidder or to appoint the
Developer, as the case may be, for the Project and the JSCL reserves the right to reject all or
any of the Bidders or Bids without assigning any reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and submission
of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by the JSCL or any
other costs incurred in connection with or relating to its Bid. All such costs and expenses will
remain with the Bidder and the JSCL 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
Sd/
Chief Executive Officer,
Jhansi Smart City Limited, Jhansi
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 6 of 194 JSCL, Jhansi (UP)
3. Detail Tender Notice
JHANSI SMART CITY LIMITED (An initiative of GoI, GoUP& ULB)
Address: - Jhansi Smart City Limited Office, Municipal Corporation Office,
Near Elite Circle, Civil Lines, Jhansi (Uttar Pradesh) INDIA
CIN : U75230UP2016SGC087873
E-mail : [email protected]
No:- xxxxxx Date : 31/03/2020
NIT No. : NIT No. : JSCL/CEO/2019-20/207
Notice inviting online bids for ―Design, Engineering, Supply, Installation, Testing, Commissioning, 5-yearcomprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with One Hour Battery Backup and Zero Export Device on Government Buildings/ offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)‖(Under Smart City Mission).
Jhansi Smart City Limited (JSCL) Jhansi invites unconditional online percentage rate open e-
tenders/ bids through e-procurement portal https://etender.up.nic.in from eligible bidders in
accordance with the National Competitive Bidding ( NCB) with SINGLE STAGE – TWO
ENVELOPE Bidding procedure for following works.
Name & Address of the Procuring Entity
Chief Executive Officer Jhansi Smart City Limited, Jhansi Municipal Corporation Office, Near Elite Circle, Civil Lines, Jhansi – 284001 (Uttar Pradesh) INDIA
Subject Matter of Procurement
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with One Hour Battery Backup and Zero Export Device on Government Buildings/ offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Project Completion Period a) Execution/ Implementation : 6 Months b) Defect Liability Period : 1 Year c) Operation and Maintenance : 5 Year (Including DLP)
Bid Procedure Single-stage: Two Part (Envelope) open competitive procedure
Bid Evaluation Criteria (Selection Method)
Least Cost Selection (LCS)
Chief Executive Officer
Jhansi Smart City Limited
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 7 of 194 JSCL, Jhansi (UP)
Eligibility Criteria As detailed in bid documents.
Websites for downloadingBidding Document and submission of Bid
https://etender.up.nic.in
Estimated Procurement Cost
Rs. 514.37636 Lacs (Rupees Five Crore Fourteen Lacs and thirty seven Thousand Six Hundred Thirty Six only).
Cost of Bid Document (Non-Refundable)
Bidding document fee (Non-Refundable): Rs. 2360/- (Including GST @18%) (Rupees Two Thousand Three Hundred Sixty Only) which shall be deposited online through Net Banking/ RTGS/ NEFT (Bank Detail is given below) . Scan copy of the Receipt of the deposit with Transaction No., date, Name of Bank & Branch, Account No. shall have to be uploaded in e-procurement portal
―https//:etender.up.nic.in‖ at the time of Bid submission.
Validity of EMD 45 days beyond Validity of Bid
Bid Security (Refundable – Only Principal Amount)
Rs.10, 29,000/- (Rupees Ten Lacs Twenty Nine Thousand Only).
Mode of Payment: Net Banking/ RTGS/ NEFT/ Bank Gaurantee
(Bank Detail is given below). Scan copy of the Receipt of the
deposit with Transaction No., date, Name of Bank & Branch,
Account No shall have to be uploaded in e-procurement portal
―https//:etender.up.nic.in‖ at the time of Bid submission.
No interest is payable to the Bidders on Bid Security deposited with
the Bid Inviting Authority for the Bid.
Bank Detail for Depositing Cost of Bid Document and Bid Security through Net Banking/ NEFT/ RTGS
Account details are provided herewith for the purpose of
depositing Tender Fee and Bid Security only :
Name of Beneficiary : Jhansi Smart City Limited Bank : Punjab National Bank, Jhansi City (U.P.) – 284002 Branch Code : 0229 Current A/c. No. : 0294001100000845 RTGS/ NEFT/ IFS Code : PUNB0022900
Date & Time of Downloading Bid Document
From 27/03/20 (11:00 Hrs)
Pre-Bid Conference will be held on
From 06/04/20 (15:00 Hours)
Place:Conference hall, 2nd floor, Jhansi Municipal Corporation
Office, Near Elite Circle, Civil Lines, Jhansi – 284001 (Uttar Pradesh)
INDIA
Last Date of Sending Pre-Bid queries
From 11/04/20 (17:00 Hours)
To be sent to :
Mr. Amit Kumar Sharma, Nodal Officer & Executive Engineer, Jhansi Municipal Corporation, Mob: +91-8808053867
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 8 of 194 JSCL, Jhansi (UP)
Email: [email protected]
Bid Document Submission Start Date & Time
27/03/20 (12:00 Hours)
Bid Document Submission End Date & Time
Up-to 14/04/20 (18:00 Hours)
Technical Bid Opening Date & Time.
15/04/20 (11:00 Hours)
Date/ Time/ Place of Financial Bid Opening
Will be intimated later
Bid Validity 180 Days from the bid submission deadline
Note:
1) Bidders (authorised signatory) shall submit their offer Online only (both for technical and financial proposal) at e-tendering portal of https://etender.up.nic.in in electronic format with Digital Signature.
2) However, RTGS/NEFT/DD / Banker‟s Cheques/ BG (if applicable) for Bid Document Fees, and Earnest Money must be submitted physically in original at the office of Jhansi Smart City Limited, Jhansi by time and date mentioned above as prescribed in bid document and scanned copy of same must be uploaded along with the technical Bid/ cover.
3) It is mandatory for all the bidders to have Digital Signature Certificate (in the name of person who will sign the bid document) from any of the licensed Certifying Agency to participate in e-tendering of UP Govt./ JSCL.
4) In addition to above, the scan copies of the following documents should also be uploaded along with the technical Bid/ cover: i. Letter of Technical Bid. ii. Power of Attorney for appointing authorized representative. iii. Joint Venture Agreement, if applicable.
iv. Goods & Service Tax Registration
v. EPF Registration
vi. PAN No. 5) If the Bidder is found ineligible after opening of tenders, his tender shall become invalid
and cost of tender document and processing fee shall not be refunded. 6) In case of Percentage Rate Tender, Bidder must ensure to quote single percentage rate.
The column meant for quoting rate in figures appears in Sky Blue colour. The Rate shall be Quoted upto 2 Decimals.
In case of Item Rate Tender, price shall be entered against each item in the Bill of Quantities / Schedule of Quantities. The cost of item against which the contractor has failed to enter a rate or price shall be deemed to be covered by rates and prices of other items in Bill of Quantities / Schedule of Quantities and no payment shall be made for the quantities executed for items against which rate has not been quoted by the contractor. The column meant for quoting rate in figures appears in sky blue. The Rate shall be Quoted upto 2 Decimals.
In addition to this, while selecting any of the cells a warning appears that if any cell is left blank the same shall be treated as ―0‖. Therefore, if any cell is left blank and no rate is quoted by the tenderer, rate of such item shall be treated as ―0‖ (ZERO).
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 9 of 194 JSCL, Jhansi (UP)
7) No Clarification will be sought in case of non-submission of Cost of tender document or EMD of requisite amount. In such cases the bid shall be rejected out rightly without seeking any further clarification/document.
8) Any subsequent addendum/ corrigendum shall be published only at the websites https://etender.up.nic.inand will not be published in newspapers.
9) The past experience in similar nature of work should be supported by certificates issued by the client‘s organization/work order or related financial transaction proof. In case the work experience is of Private sector, the completion certificate shall be supported with copies of Letter of Award and copies of Corresponding TDS Certificates. Value of work will be considered equivalent to the amount of TDS Certificates.
10) Joint-venture or Consortia of firms / companies shall not be allowed and the bidders should meet the above criteria themselves.
11) Certificates of Subsidiary/Group Companies:
Any company / firm while submitting tender can use the work experience of its subsidiary company to the extent of its ownership in the subsidiary company. However, the companies/firms which intend to get qualified on the basis of experience of the parental company / group company/Own works, shall not be considered. In case of a company / firm, formed after merger and /or acquisition of other companies / firms, past experience and other antecedents of the merged / acquired companies / firms will be considered for qualification of such Company / firm provided such Company/firm continues to own the requisite assets and resources of the merged/acquired companies / firms relevant to the claim experience.
12) Foreign Certificate: (a) In case the work experience is for the work executed outside India, the bidders have to
submit the completion/experience certificate issued by the owner duly signed & stamped, and affidavit to the correctness of the completion/experience certificates. The Contractor shall also get the completion/experience certificates attested by the Indian Embassy/Consulate/High Commission in the respective country.
In the event of submission of completion /experience certificate by the Bidder in a language other than English, the English translation of the same shall be duly authenticated by Chamber of Commerce of the respective country and attested by the Indian Embassy/consulate / High Commission in the respective country.
(b) For the purpose of evaluation of Bidders, the conversion rate of such a currency into INR shall be the daily representative exchange rate published by the IMF as on 7 (Seven) days prior to the Last Date of Submission of tender including extension(s) given if any.
13) In case there is a holiday on the day of opening of bids, activities assigned on that date shall be carried out on the next working day.
14) Before electronically submitting the bids, Bidder must ensure that all the bid documents including conditions of contract are digitally signed by the bidder and attached with the Bid.
15) All the information/ data required for the Bid must be filled in, digitally signed and submitted online only.
16) All documents/papers uploaded/submitted by the bidder must belegible. 17) Department/ Company will not be responsible for delay in submission due to any reason.
For this, bidders are requested to upload the complete bid well advance in time so as to avoid 11th hour issues like slow speed; choking of web site due to heavy load or any other unforeseen problems.
18) All the prospective bidders are encouraged to participate in the pre-bid meeting and it is advised that the work sites are visited and bid documents are studied thoroughly.
19) The procuring entity reserves the sole right to cancel the bid process and reject any or all of the Bids without assigning any reason.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 10 of 194 JSCL, Jhansi (UP)
20) Procurement entity disclaims any factual/ or other errors in the bidding document (the onus is purely on the individual bidders to verify such information) and the information provided therein are intended only to help the bidders to prepare a logical bid-proposal.
21) The intending Bidder must read the terms and conditions of this Bid carefully. He should only submit his tender/ Bid if he considers himself eligible and he is in possession of all the documents required. Information and Instructions for Tenderers posted on Website(s) shall form part of Tender Document.
22) Those intending Bidders/ contractors are advised to acquint themselves procedure/ steps to be followed for online submission of Bids from e-procurement website https://etender.up.nic.in before online of Bids. A guideline in this regard is attached herewith at Annexure – A (separate file).
23) Bidders/ contractors are also required to sign Integrity Pact during Bid Submission on Non-Judicial Stamp Paper. Format for the same is attached herewith at Annexure – B.
24) No conditional bids shall be accepted and such bids shall be summarily rejected forthwith.
25) Bids shall be strictly treated as non-responsiveif: (i) Bid is not accompanied by an acceptable bid security (with validity for a period of not
less than45daysbeyondthevalidityof bid) and Bid Cost Cost as explained above. (ii) Bid is not accompanied by ―Letter of Bid – Technical Part‖.
26) Uploaded documents of valid successful bidder will be verified with the original documents before signing the Agreement. The valid successful bidder has to provide the originals to the concerned authority on receipt of such letter, which will be sent through registeredpost/ Speed Post.
27) Canvassing in connection with the tender is strictly prohibited, and such canvassed tenders submitted by the Bidder will be liable to be rejected and his earnest money shall be absolutely forfeited.
28) Any bidder who is having criminal record is not allowed to participate in the biddingprocess. 29) Any bidder who is registered with the state Bar Council is not allowed to participate in the
bidding process. 30) The provisions of Uttar Pradesh Procurement Manual and Rules thereto shall be
applicable for this procurement. Furthermore, in case of any inconsistency in any of the provisions of this bidding document with the *Act *and Rules thereto, the latter shall prevail.
Chief Executive Officer
Jhansi Smart City limited
Jhansi, Uttar Pradesh
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 11 of 194 JSCL, Jhansi (UP)
Annexure - A
Instruction for Online Bid Submission
1. Instructions to the Bidders to submit the bids online through the Public Procurement Portal for
e-Procurement at https://etender.up.nic.in
2. Possession of valid Digital Signature Certificate (DSC) and enrollment/registration of
theContractors/bidders on the e-Procurement/e-tender portal are prerequisite for e-tendering.
3. Bidder should register for the enrollment in the e-Procurement site using the ―OnlineBidder
Enrollment‖ option available on the home page. Portal enrollment is generally freeof charge.
During enrollment/registration, the bidders should provide only valid and trueinformation
including valid email id. All the correspondence shall be made directly with the
contractors/bidders through email id as registered.
4. Bidder need to login to the site through their user ID/ password chosen during
enrollment/registration.
5. Then the Digital Signature Certificate (Class II or Class III Certificates with signing key usage)
issued by SIFY/TCS/nCode/eMudra or any other Certifying Authority recognizedby Controller
of Certifying Authorities (CCA) India on eToken/SmartCard, should be registered.
6. The registered DSC only should be used by the bidder in the transactions and should ensure
safety of the same.
7. Bidder may go through the tenders published on the site and download theTender
documents/schedules for the tenders.
8. After downloading / getting the tender document/schedules, the Bidder should go through
them carefully and then submit the documents as required, otherwise bid will be rejected.
9. Any clarifications may be sought online through the tender site, through the contact details or
during pre-bid meeting if any. Bidder should take into account the corrigendum if any
published before submitting the bids online.
10. Bidder may log in to the site through the secured login by the user id/ password chosenduring
enrolment/registration and then by submitting the password of the e-Token/Smartcard to
access DSC.
11. Bidder may select the tender in which he/she is interested in by using the search option and
then move it to the ‗my tenders‘ folder.
12. From my tender folder, he may select the tender to view all the details uploaded there.
13. It shall be deemed that the bidder has read and understood all the terms and conditions
before submitting the offer. Bidder should go through the tender schedules carefully
andupload the documents as asked; otherwise, the incomplete bid shall stand rejected.
14. Bidder, in advance, should get ready the bid documents to be submitted as indicated inthe
tender document/schedule.
15. The bidder has to select the payment option as per Detail NIT to pay the Tender document
cost / EMD as applicable and enter details of the instruments.
16. The details of the DD/any other accepted instrument, physically delivered (copy of receipt
required to be submitted for Net Banking/ NEFT/ RTGS), should tallywith the details available
in the scanned copy and the data entered during bid submission time, otherwise submitted bid
shall not be acceptable or liable for rejection.
17. For any queries regarding e-Tendering process, the bidders may contact at address
asprovided in the tender document. Simultaneously, for any further queries, the bidders are
advised to send an mail to – [email protected]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 12 of 194 JSCL, Jhansi (UP)
ANNEXURE - B
Volume – 1
Bidding Procedures and
Qualification Criteria
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 13 of 194 JSCL, Jhansi (UP)
Section - I
Instructions to Bidders
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 14 of 194 JSCL, Jhansi (UP)
Contents of Instructions to Bidders (ITB)
Table of Contents
Para No.
Description
A General
1 Scope of Bid
2 Source of Funds
3 Fraud and Corruption
4 Eligible Bidders
5 Eligible Materials, Equipment and Services
B Contents of Bidding Document
6 Sections of Bidding Document
7 Clarification of Bidding Document, Site Visit, Pre-Bid Meeting
8 Amendment of Bidding Document
C Preparation of Bids
9 Cost of Bidding
10 Language of Bid
11 Documents Comprising the Bid
12 Letters of Bid and Schedules
13 Alternative Bids
14 Bid Prices and Discounts
15 Currencies of Bid and Payment
16 Documents Comprising the Technical Proposal
17 Documents Establishing the Eligibility and Qualifications of the Bidder
18 Period of Validity of Bids
19 Bid Security
20 Format and Signing of Bid
D Submission of Bids
21 Sealing and Marking of Bids
22 Deadline for Submission of Bids
23 Late Bids
24 Withdrawal, Substitution, and Modification of Bids
E Public Opening of Technical Parts of Bids
25 Public Opening of Technical Parts of Bids
F Evaluation of Bids – General Provisions
26 Confidentiality
27 Clarification of Bids
28 Deviations, Reservations, and Omissions
29 Nonmaterial Nonconformities
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 15 of 194 JSCL, Jhansi (UP)
G Evaluation of Technical Parts of Bids
30 Evaluation of Technical Parts
31 Determination of Responsiveness
32 Qualification of the Bidder
33 Subcontractors
H Public Opening of Financial Parts of Bids
34 Public Opening of Financial Parts
I Evaluation of Financial Parts of Bids
35 Evaluation of Financial Parts
36 Correction of Arithmetical Errors
37 Conversion to Single Currency
38 Margin of Preference
39 Comparison of Financial Parts
40 Abnormally Low Bids
41 Unbalanced or Front-Loaded Bids
42 Most Advantageous Bid
43 Employer‘s Right to Accept Any Bid, and to Reject Any or All Bids
44 Standstill Period
45 Notice of Intention to Award
J Award of Contract
46 Award Criteria
47 Notification of Award
48 Debriefing by the Employer
49 Signing of Contract
50 Performance Security
51 Adjudicator
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 16 of 194 JSCL, Jhansi (UP)
Section I - Instructions to Bidders
Important Instruction: - *.
A. General
1. Scope of Bid 1.1 In connection with the Specific Procurement Notice – Request
for Bids (NIT), specified in the Bid Data Sheet (BDS), the
Employer, as specified in the BDS, issues this bidding
document for the provision of Works as specified in Section X,
Works‟ Requirements. The name, identification, of this NIT
are specified in the BDS.
1.2 Throughout this bidding document:
(a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, including if specified in the BDS, distributed or received through electronic procurement system used by the Employer) with proof of receipt;
(b) if the context so requires, “singular” means “plural‟ and vice versa; and
(c) “Day” means calendar day, unless otherwise specified as
a “Business Day.” A Business Day is any day that is a
working day of the Employer. It excludes the Employer‟s
official public holidays.
2. Source of Funds 2.1 Source of Fund is from Smart City Mission funds
(An initiative of GoI, GoUP & ULB)
3. Fraud and
Corruption
3.1 The Employer requires compliance with the Employer‟s Anti-
Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the GOI‟s Sanctions
Framework, as set forth in Section VI.
3.2 In further pursuance of this policy, Bidders shall permit and shall cause their agents (whetherdeclared or not), subcontractors, sub-consultants, service providers, suppliers,
and their personnel, to permit the Employer to inspect all
accounts, records and other documents relating to any initial
selection process, prequalification process, bid submission,
proposal submission, and contract performance (in the case
of award), and to have them audited by auditors appointed by
the Employer.
4. Eligible Bidders 4.1 Single Entity (Joint Venture/ Consortium is not allowed).
4.2 Implementation or supervision of such contract unless the
conflict stemming from such relationship has been resolved in
a manner acceptable to the Employer throughout the
procurement process and execution of the contract.
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4.3 A firm that is a Bidder (either individually or as a JV member)
shall not participate in more than one Bid, except for
permitted alternative Bids. This includes participation as a
subcontractor in other Bids. Such participation shall result in
the disqualification of all Bids in which the firm is involved. A
firm that is not a Bidder or a JV member may participate as a
subcontractor in more than one Bid.
4.4 A Bidder may have the nationality of any country, subject to
the restrictions pursuant to ITB 4.8. A Bidder shall be deemed
to have the nationality of a country if the Bidder is constituted,
incorporated or registered in and operates in conformity with
the provisions of the laws of that country, as evidenced by its
articles of incorporation (or equivalent documents of
constitution or association) and its registration documents, as
the case may be. This criterion also shall apply to the
determination of the nationality of proposed subcontractors or
sub-consultants for any part of the Contract including related
Services.
4.5 Bidders that are state-owned enterprises or institutions in the
Employer‟s Country may be eligible to compete and be
awarded a Contract(s) only if they can establish, in a manner
acceptable to the Employer, that they (i) are legally and
financially autonomous (ii) operate under commercial law, and
(iii) are not under supervision of the Employer.
4.6 A Bidder shall provide such documentary evidence of eligibility
satisfactory to the Employer, as the Employer shall reasonably
request.
4.7 Sub-contracting to single or more than one entity for valueing
up-to 25% of Contract Value may be allowed with prior
written approval from Engineer-in-Charge.
In addition to the above, Contractor may associate reputed
and experienced Agency in the respective field for
Specialised components of the Job with prior written approval
from Engineer - in – Charge. The components for which
association of Specialised agency is allowed shall be as
under:
(1) Not allowed for this Job.
4.8 In case a prequalification process has been conducted prior
to the bidding process, this bidding is open only to
prequalified Bidders.
5. Eligible Materials,
Equipment and
Services
5.1 The materials, equipment and services to be supplied under
the Contract may have their origin in any country subject to
the restrictions specified in Section V, Eligible Countries, and
all expenditures under the Contract will not contravene such
restrictions. At the Employer‟s request, Bidders may be
required to provide evidence of the origin of materials,
equipment and services.
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B. Contents of Bidding Document
6. Sections of
Bidding Document
6.1 The bidding document consist of NIT, Volumes 1, 2, 3 & 4,
which include all the sections specified below, and which
should be read in conjunction with any Addenda issued in
accordance with ITB 8.
A) Notice Inviting Tender
B) Volume – 1: Bidding Procedures & Qualification
Criteria
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section IV - Bidding Forms
Section V - Eligible Countries
Section VI - Fraud and Corruption
C) Volume – 2: Conditions and Contract Forms
Section VII - General Conditions of Contract
Section VIII- Particular (Special) Conditions of Contract
Section IX - Contract Forms
D) Volume – 3: Specifications. Approved Make, Tender
Drawings
Section X– Works’ Requirements/ Technical Specification
Section XI – Approved Makes
Section XII – Tender Drawing
E) Volume – 4: Financial Bid
Section XIII – Pre-amble to Bill of Quantities,
Abbreviations and Definitions
Section XIV – Bill of Quantities
6.2 Unless obtained directly from the Employer, the Employer is
not responsible for the completeness of the bidding document,
responses to requests for clarification, the minutes of the pre-
bid meeting (if any), or Addenda to the bidding document in
accordance with ITB 8. In case of any contradiction,
documents obtained directly from the Employer shall prevail.
6.3 The Bidder is expected to examine all instructions, forms,
terms, and specifications in the bidding document and to
furnish with its Bid all information and documentation as is
required by the bidding document.
7. Clarification of Bidding
Document, Site
Visit, Pre-Bid
Meeting
7.1 A Bidder requiring any clarification of the bidding document
shall contact the Employer in writing at the Employer‟s
address specified in the BDS or raise its inquiries during the
pre-Bid meeting if provided for in accordance with ITB 7.4.
The Employer will respond in writing to any request for
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clarification, provided that such request is received prior to the
deadline for submission of Bids within a period specified in the
BDS. The Employer may forward copies of its response to all
Bidders who have acquired the bidding document in
accordance with ITB 6.3, including a description of the inquiry
but without identifying its source. If so specified in the BDS,
the Employer shall also promptly publish its response at the
web page identified in the BDS. Should the clarification result
in changes to the essential elements of the bidding document,
the Employer shall amend the bidding document following the
procedure under ITB 8 and ITB 22.2.
7.2 The Bidder is advised to visit and examine the Site of works
and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the Bid and entering into a contract for construction
of the Works. The costs of visiting the Site shall be at the
Bidder‟s own expense.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and
lands for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will
release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and will
be responsible for death or personal injury, loss of or damage
to property, and any other loss, damage, costs, and expenses
incurred as a result of the inspection.
7.4 If so specified in the BDS, the Bidder‟s designated
representative is invited to attend a pre-Bid meeting and/or a
Site of works visit. The purpose of the meeting will be to clarify
issues and to answer questions on any matter that may be
raised at that stage.
7.5 The Bidder is requested, to submit any questions in writing, to
reach the Employer not later than one week before the
meeting.
7.6 Minutes of the pre-Bid meeting, if applicable, including the text
of the questions asked by Bidders, without identifying the
source, and the responses given, together with any responses
prepared after the meeting, will be transmitted promptly to all
Bidders who have acquired the bidding document in
accordance with ITB 6.3. If so specified in the BDS, the
Employer shall also promptly publish the Minutes of the pre-
Bid meeting at the web page identified in the BDS. Any
modification to the bidding document that may become
necessary as a result of the pre-Bid meeting shall be made by
the Employer exclusively through the issue of an addendum
pursuant to ITB 8 and not through the minutes of the pre-Bid
meeting. Nonattendance at the pre-Bid meeting will not be a
cause for disqualification of a Bidder.
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8. Amendment of
Bidding Document
8.1 At any time prior to the deadline for submission of Bids, the
Employer may amend the bidding document by issuing
addenda.
8.2 Any addendum issued shall be part of the bidding document
and shall be communicated in writing to all who have obtained
the bidding document from the Employer in accordance with
ITB 6.3. The Employer shall also promptly publish the
addendum on the Employer‟s web page in accordance with
ITB 7.1.
8.3 To give prospective Bidders reasonable time in which to take
an addendum into account in preparing their Bids, the
Employer may, at its discretion, extend the deadline for the
submission of Bids, pursuant to ITB 22.2.
C. Preparation of Bids
9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall in no case
be responsible or liable for those costs, regardless of the
conduct or outcome of the Bidding process.
10. Language of Bid 10.1 The Bid, as well as all correspondence and documents
relating to the Bid exchanged by the Bidder and the Employer,
shall be written in the language specified in the BDS.
Supporting documents and printed literature that are part of
the Bid may be in another language provided they are
accompanied by an accurate translation of the relevant
passages in the language specified in the BDS, in which case,
for purposes of interpretation of the Bid, such translation shall
govern.
11. 11. Documents
Comprising the
Bid
11.1 The Bid shall comprise two Parts, namely the Technical Part
and the Financial Part. These two Parts shall be submitted
simultaneously in two separate sealed envelopes (two
envelope Bidding process). One envelope shall contain only
information relating to the Technical Part and the other, only
information relating to the Financial Part. These two envelopes
shall be enclosed in a separate sealed outer envelope marked
“ORIGINAL BID”.
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11.2 The Technical Part shall contain the following:
(a) Letter of Bid – Technical Part, prepared in
accordance with ITB 12;
(b) Bid Security, in accordance with ITB 19.1;
(c) Authorization: written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.3;
(d) Bidder’s Eligibility: documentary evidence in accordance with ITB 17.1 establishing the Bidder‟s eligibility to Bid;
(e) Qualifications: documentary evidence in accordance
with ITB 17.2 establishing the Bidder‟s qualifications to
perform the Contract if its Bid is accepted;
(f) Conformity: a technical proposal in accordance with ITB
16;
(g) any other document required in the BDS.
11.3 The Financial Part shall contain the following:
(a) Letter of Bid – Financial Part: prepared in accordance with
ITB 12 and ITB 14;
(b) any other document required in the BDS.
11.4 The Technical Part shall not include any information related to
the Bid price. Where material financial information related to
the Bid price is contained in the Technical Part the Bid shall
be declared non-responsive.
11.5 In addition to the requirements under ITB 11.2, Bids submitted
by a JV shall include a copy of the Joint Venture Agreement
entered into by all members. Alternatively, a letter of intent to
execute a Joint Venture Agreement in the event of a
successful Bid shall be signed by all members and submitted
with the Bid, together with a copy of the proposed Agreement.
11.6 The Bidder shall furnish in the Letter of Bid – Financial Part
information on commissions and gratuities, if any, paid or to
be paid to agents or any other party relating to this Bid.
12. 12. Letters of Bid and
Schedules
12.1 The Letter of Bid – Technical Part, Letter of Bid – Financial
Part shall be prepared using the relevant forms furnished in
Section IV, Bidding Forms. The forms must be completed
without any alterations to the text, and no substitutes shall be
accepted except as provided under ITB 20.3. All blank spaces
shall be filled in with the information requested.
13. Alternative Bids 13.1 Unless otherwise specified in the BDS, alternative Bids shall
not be considered.
13.2 When alternative times for completion are explicitly invited, a
statement to that effect will be included in the BDS, and the
method of evaluating different alternative times for completion
will be described in Section III, Evaluation and Qualification
Criteria.
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13.3 Except as provided under ITB 13.4 below, Bidders wishing to
offer technical alternatives to the requirements of the bidding
document must first price the Employer‟s design as described
in the bidding document and shall further provide all
information necessary for a complete evaluation of the
alternative by the Employer, including drawings, design
calculations, technical specifications, breakdown of prices,
and proposed construction methodology and other relevant
details. Only the technical alternatives, if any, of the Bidder
with the Most Advantageous Bid conforming to the basic
technical requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit
alternative technical solutions for specified parts of the Works.
Such parts will be identified in the BDS and described in
Section X, Works‟ Requirements. The method for their
evaluation will be stipulated in Section III, Evaluation and
Qualification Criteria.
14. Bid Prices and
Discounts
14.1 The prices and discounts quoted by the Bidder in the Letter
ofBid – Financial Part and in the Priced Activity Schedule or
Bill of Quantities shall conform to the requirements specified
below.
14.2 The Bidder shall submit a Bid for the whole of the Works
described in ITB 1.1 by filling in prices for all items of the
Works, as identified in Section IV, Bidding Forms. In case of
admeasurement contracts, the Bidder shall fill in rates and
prices for all items of the Works described in the Bill of
Quantities. Items against which no rate or price is entered by
the Bidder will not be paid for by the Employer when executed
and shall be deemed covered by the rates for other items and
prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Bid – Financial Part, in
accordance with ITB 12.1, shall be the total price of the Bid,
excluding any discounts offered.
14.4 The Bidder shall quote any discounts and indicate the
methodology for their application in the Letter of Bid Financial
Part, in accordance with ITB 12.1.
14.5 Unless otherwise provided in the BDS, and the Conditions of
Contract, the prices quoted by the Bidder shall be fixed. If the
prices quoted by the Bidder are subject to adjustment during
the performance of the Contract in accordance with the
provisions of the Conditions of Contract, the Bidder shall
furnish the indices and weightings for the price adjustment
formulae in the Schedule of Adjustment Data in Section
IVBidding Forms and the Employer may require the Bidder to
justify its proposed indices and weightings.
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14.6 All duties, taxes, and other levies (including GST) payable
by the Contractor under the Contract, or for any other
cause, as of the date of submission of Bids, shall be
included in the rates and prices and the total Bid price
submitted by the Bidder.
15. Currencies of Bid and
Payment
15.1 The currency(INR) of the Bid and the currency(INR) of
payments shall be the same and shall be as specified in the
BDS.
15.2 Bidders may be required by the Employer to justify, to the
Employer‟s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included
in the unit rates and prices and shown in the Schedule of
Adjustment Data are reasonable, in which case a detailed
breakdown of the foreign currency requirements shall be
provided by Bidders.
16. Documents Comprising the Technical
Proposal
16.1 The Bidder shall furnish a technical proposal in the Technical
Part of the Bid including a statement of work methods,
equipment, personnel, schedule and any other information as
stipulated in Section IV, Bidding Forms, in sufficient detail to
demonstrate the adequacy of the Bidders‟ proposal to meet
the work‟s requirements and the completion time.
17. Documents
Establishing the
Eligibility and
Qualifications of
the Bidder
17.1
17.2
To establish Bidder‟s eligibility in accordance with ITB 4, Bidders shall complete the Letter of Bid, Technical Part, included in Section IV, Bidding Forms.
In accordance with Section III, Evaluation and Qualification
Criteria, to establish its qualifications to perform the Contract,
the Bidder shall provide the information requested in the
corresponding information sheets included in Section IV,
Bidding Forms.
17.3 If a margin of preference applies as specified in accordance
with ITB 38.1, domestic Bidders, individually or in joint
ventures, applying for eligibility for domestic preference shall
supply all information required to satisfy the criteria for
eligibility specified in accordance with ITB 38.1.
18. Period of Validity of
Bids
18.1 Bids shall remain valid for the Bid Validity period specified in
the BDS. The Bid Validity period starts from the date fixed for
the Bid submission deadline (as prescribed by the Employer
in accordance with ITB 22.1). A Bid valid for a shorter period
shall be rejected by the Employer as nonresponsive.
18.2 In exceptional circumstances, prior to the expiration of the Bid
validity period, the Employer may request Bidders to extend
the period of validity of their Bids. The request and the
responses shall be made in writing. If a Bid Security is
requested in accordance with ITB 19, it shall also be extended
for twenty-eight (28) days beyond the deadline of the
extended validity period. A Bidder may refuse the request
without forfeiting its Bid Security. A Bidder granting the
request shall not be required or permitted to modify its Bid,
except as provided in ITB 18.3.
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18.3 If the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial Bid validity period, the Contract price shall be determined as follows:
(a) in the case of fixed price contracts, the Contract price shall
be the Bid price adjusted by the factor specified in the
BDS;
(b) in the case of adjustable price contracts, no adjustment
shall be made; or
(c) in any case, bid evaluation shall be based on the Bid price
without taking into consideration the applicable
correction from those indicated above.
19. Bid Security 19.1 The Bidder shall furnish as part of its Technical Part of its Bid,
either a Bid-Securing Declaration or a Bid Security as
specified in the BDS, in original form and, in the case of a Bid
security, in the amount and currency specified in the BDS.
19.2 A Bid-Securing Declaration shall use the form included in
Section IV, Bidding Forms.
19.3 If a Bid Security is specified pursuant to ITB 19.1, the Bid Security shall be a demand guarantee, and in any of the following forms at the Bidder‟s option:
(a) Transfer through NEFT/ RTGS/ Over the counter payment or any other format as prescribed in the website of the Employer another security specified in the BDS,
19.4 If a Bid Security or Bid-Securing Declaration is specified
pursuant to ITB 19.1, any Bid not accompanied by a
substantially responsive Bid Security or Bid-Securing
Declaration shall be rejected by the Employer as
nonresponsive.
19.5 If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security of unsuccessful Bidders shall be returned as
promptly as possible upon the successful Bidder‟s signing the
Contract and furnishing the Performance Security.
19.6 The Bid Security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed
the Contract and furnished the required Performance Security
and.
19.7 The Bid Security may be forfeited or the Bid-Securing Declaration executed: (a) if a Bidder withdraws its Bid during the period of Bid validity specified by the Bidder on the Letter of Bid – Technical Part and repeated in the Letter of Bid – Financial Part or any extension thereto provided by the Bidder; or
(a) (b) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 49; or
(ii) furnish a Performance Security.
19.8 Deleted.
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19.9 If a Bid Security is not required in the BDS, pursuant to ITB
19.1, and:
(a) if a Bidder withdraws its Bid during the period of Bid validity
specified by the Bidder in the Letters of Bid; or
(b) if the successful Bidder fails to: sign the Contract in accordance with ITB 49; or furnish a Performance Security;
The Employer may, if provided for in the BDS, declare the
Bidder ineligible to be awarded a contract by the Employer for
a period of time as stated in the BDS.
20. Format and Signing
of Bid
20.1 The Bidder shall prepare the Bid, in accordance with this
Instruction, ITB 11 and ITB 21.
20.2 Bidders shall mark as “CONFIDENTIAL” information in their
Bids which is confidential to their business. This may include
proprietary information, trade secrets or commercial or
financially sensitive information.
20.3 The original and all copies of the Bid shall be typed or written
in indelible ink and shall be signed by a person duly
authorized to sign on behalf of the Bidder. This authorization
shall consist of a written confirmation as specified in the BDS
and shall be attached to the Bid. The name and position
held by each person signing the authorization must be typed
or printed below the signature. All pages of the Bid where
entries or amendments have been made shall be signed or
initialled by the person signing the Bid.
20.4 In case the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and
so as to be legally binding on all the members as evidenced
by a power of attorney signed by their legally authorized
representatives.
20.5 Any interlineations, erasures, or overwriting shall be valid only
if they are signed or initialled by the person signing the Bid.
D.Submission of Bids
21. Sealing and
Marking of Bids
21.1 The Bidder shall submit the bids through e-portal. All the
documents required for Technical qualification shall be
submitted as per ITB and formats as per Section IV of the
RFP documents. Bidder shall submit all the required
documents and submit as per the standard procurement
procedures of the E-portal ―https://etender.up.nic.in‘.
No data relating to Financial Bid should be submitted along-
with Technical Bid.
21.2 Financial Part shall be uploaded in the given format in web
portal ―https://etender.up.nic.in‘ only.
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21.3 In addition, the Bidder shall submit hard copy of the Bid in the
number if specified in the BDS. All the required documents
shall be uploaded in the e-portal and Employer shall not have
any liability towards the failure in uploading of the documents
by the Bidder.
21.4 The envelopes marked “ORIGINAL BID” and “BID COPIES”
shall be enclosed in a separate sealed outer envelope for
submission to the Employer if required as BDS.
21.5 All inner and outer envelopes, shall:
(a) bear the name and address of the Bidder;
(b) be addressed to the Employer in accordance with ITB
22.1;
(c) bear the specific identification of this Bidding process
indicated in ITB 1.1; and bear a warning not to open before
the time and date for Bid opening.
21.6 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement
or premature opening of the Bid.
22. 22. Deadline for
Submission of
Bids
22.1 Bids must be received by the Employer at the address and no
later than the date and time specified in the BDS. When so
specified in the BDS, Bidders shall have the option of
submitting their Bids electronically. Bidders submitting Bids
electronically shall follow the electronic Bid submission
procedures specified in the BDS.
22.2 The Employer may, at its discretion, extend the deadline for
the submission of Bids by amending the bidding document in
accordance with ITB 8, in which case all rights and obligations
of the Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.
23. Late Bids 23.1 The Employer shall not consider any Bid that arrives after the
deadline for submission of Bids, in accordance with ITB 22.
Any Bid received by the Employer after the deadline for
submission of Bids shall be declared late, rejected, and
returned unopened to the Bidder.
24. Withdrawal, Substitution, and Modification of
Bids
24.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB 20.3, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the Bid must accompany the respective written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 20 and
ITB 21 (except that withdrawal notices do not require
copies), and in addition, the respective envelopes shall
be clearly marked “WITHDRAWAL,” “ SUBSTITUTION,”
“MODIFICATION;” and
(b) Received by the Employer prior to the deadline
prescribed for submission of Bids, in accordance with
ITB 22.
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24.2 Bids requested to be withdrawn in accordance with ITB 24.1
shall be returned unopened to the Bidders.
24.3 No Bid may be withdrawn, substituted, or modified in the
interval between the deadline for submission of Bids and the
expiration of the period of Bid validity specified by the Bidder
on the Letter of Bid or any extension thereof.
E. Public Opening of Technical Parts of Bids
25. Public Opening of
Technical Parts of
Bids
25.1 Except in the cases specified in ITB 23 and ITB 24.2, the
Employer shall publicly open and read out all Bids received by
the deadline, at the date, time and place specified in the BDS, in
the presence of Bidders` designated representatives and
anyone who chooses to attend. All Bidders, or their
representatives and any interested party may attend a public
opening. Any specific electronic Bid opening procedures
required if electronic bidding is permitted in accordance with ITB
22.1, shall be as specified in the BDS.
25.2 First, the written notice of withdrawal in the envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding Bid shall not be opened, but returned to the Bidder. No Bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at Bid opening.
25.3 Next, envelopes marked “Substitution” shall be opened and read
out and exchanged with the corresponding Bid being
substituted, and the substituted Bid shall not be opened, but
returned to the Bidder. No Bid substitution shall be permitted
unless the corresponding substitution notice contains a valid
authorization to request the substitution and is read out at Bid
opening.
25.4 Next, envelopes marked “MODIFICATION” shall be opened and
read out with the corresponding Bid. No Bid modification shall
be permitted unless the corresponding modification notice
contains a valid authorization to request the modification and is
read out at Bid opening.
25.5 Next, all other envelopes marked “TECHNICAL PART” shall be opened one at a time. On opening the envelopes marked “TECHNICAL PART” the Employer shall read out: the name of the Bidder, the presence or the absence of a Bid Security, or Bid-Securing Declaration, if required, and whether there is a modification; and Alternative Bid - Technical Part; and any other details as the Employer may consider appropriate.
25.6 Only Technical Parts of Bids and Alternative Bid - Technical
Parts that are read out at Bid opening shall be considered
further for evaluation. The Letter of Bid-Technical Part:
FINANCIAL PROPOSAL” are to be initialled by representatives
of the Employer attending Bid opening in the manner specified
in the BDS.
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25.7 At the Bid opening the Employer shall neither discuss the merits
of any Bid nor reject any Bid (except for late Bids, in accordance
with ITB 23.1).
25.7.1 Neither financial bid nor connected financial documents shall
be opened at this stage.
25.8 The Employer shall prepare a record of the Technical Parts of Bid
opening that shall include, as a minimum:
a) The name of the Bidder and whether there is a withdrawal,
substitution, or modification.
b) The receipt of envelopes that there are no “FINANCIAL PART”
submitted in the Hard Copy.
c) The presence or absence of a Bid Security or Bid-Securing
Declaration, if one was required; and
d) If applicable, any Alternative Bid – Technical Part.
25.9 The Bidders‟ representatives who are present shall be requested
to sign the record. The omission of a Bidder‟s signature on the
record shall not invalidate the contents and effect of the record.
A copy of the record shall be distributed to all Bidders.
F. Evaluation of Bids – General Provisions
26.Confidentiality 26.1 Information relating to the evaluation of Bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with the
Bidding process until information on Intention to Award the
Contract is transmitted to all Bidders in accordance with ITB
44.
26.2 Any effort by a Bidder to influence the Employer in the
evaluation of the Bids or Contract award decisions may result
in the rejection of its Bid.
26.3 Notwithstanding ITB 26.2, from the time of Bid opening to the
time of Contract award, if a Bidder wishes to contact the
Employer on any matter related to the Bidding process, it shall
do so in writing.
27. Clarification of Bids 27.1 To assist in the examination, evaluation, and comparison of the
Bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its Bid given a
reasonable time for a response. Any clarification submitted by
a Bidder that is not in response to a request by the Employer
shall not be considered. The Employer‟s request for
clarification and the response shall be in writing. No change in
any part of the bid, including any voluntary increase or
decrease in the prices or substance of the Bid shall be sought,
offered, or permitted, except to confirm the correction of
arithmetic errors discovered by the Employer in the evaluation
of the bids.
27.2 If a Bidder does not provide clarifications of its Bid by the date
and time set in the Employer‟s request for clarification, its Bid
may be rejected. or tender committee will etatrepretni/smrifnoc its
own view(s)
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28. Deviations, Reservations, and Omissions
28.1 During the evaluation of Bids, the following definitions apply: (a) “Deviation” is a departure from the requirements specified
in the bidding document;
(b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the bidding document; and
(c) “Omission” is the failure to submit part or all of the information or documentation required in the bidding document.
29. Nonmaterial
Nonconformities
29.1 Provided that a Bid is substantially responsive, the Employer
may waive any non-conformity in the Bid.
29.2 Provided that a Bid is substantially responsive, the Employer
may request that the Bidder submit the necessary information
or documentation, within a reasonable period of time, to rectify
nonmaterial nonconformities in the Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to
any aspect that materially alters any part of the bid and of the
price of the Bid. Failure of the Bidder to comply with the
request may result in the rejection of its Bid.
29.3 Provided that a Bid is substantially responsive pursuant to ITB
31, the Employer shall rectify quantifiable nonmaterial
nonconformities related to the Bid price. To this effect, the Bid
price may be adjusted, for comparison purposes only, to reflect
the price of a missing or non-conforming item or component in
the manner specified in the BDS.
G. Evaluation of Technical Parts of Bids
30. Evaluation of
Technical Parts
30.1 In evaluating the Technical Parts of each Bid, the Employer
shall use the criteria and methodologies listed in this ITB and
Section III, Evaluation and Qualification Criteria. No other
evaluation criteria or methodologies shall be permitted.
31. Determination of
Responsiveness 31.1 The Employer‟s determination of a Bid‟s responsiveness is to
be based on the contents of the Bid itself, as defined in ITB
11.
31.2 A substantially responsive Bid is one that meets the requirements of the bidding document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that:
(a) if accepted, would:
(i) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or
(ii) limit in any substantial way, inconsistent with the bidding document, the Employer‟s rights or the Bidder‟s obligations under the proposed Contract;
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or
(iii) if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive Bids.
31.3 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, in particular, to confirm
that all requirements of Section X, Works‟ Requirements have
been met without any material deviation, reservation or
omission.
31.4 If a Bid is not substantially responsive to the requirements of
the bidding document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
32. Qualification of the
Bidder
32.1 The Employer shall determine to its satisfaction whether the
eligible Bidders that have submitted substantially responsive
Bid - Technical Parts meet the qualifying criteria specified in
Section III, Evaluation and Qualification Criteria.
32.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder‟s qualifications submitted
by the Bidder, pursuant to ITB 17. The determination shall not
take into consideration the qualifications of other firms such
as the Bidder‟s subsidiaries, parent entities, affiliates,
subcontractors (other than Specialized Subcontractors if
permitted in the bidding document), or any other firm different
from the Bidder.
32.3 If a Bidder does not meet the qualifying criteria specified in
Section III, Evaluation and Qualification Criteria, its Bid shall
be rejected by the Employer and may not subsequently be
made responsive by correction of the material deviation,
reservation, or omission.
32.4 Only Bids that are both substantially responsive to the bidding
document, and meet all Qualification Criteria shall have their
“FINANCIAL PART” submitted in e-portal opened at the
second public opening.
33. Subcontractors 33.1 Unless otherwise stated in the BDS, the Employer does not
intend to execute any specific elements of the Works by
subcontractors selected in advance by the Employer.
33.2 The subcontractor‟s qualifications shall not be used by the
Bidder to qualify for the Works unless their specialised parts
of the Works were previously designated by the Employer in
the BDS as can be met by subcontractors referred to
hereafter as „Specialized Subcontractors‟, in which case, the
qualifications of the Specialized Subcontractors proposed by
the Bidder may be added to the qualifications.
33.3 Bidders may propose subcontracting up to the percentage of
total value of contracts or the volume of works as specified in
the BDS. Subcontractors proposed by the Bidder shall be fully
qualified for their parts of the Works.
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H. Public Opening of Financial Parts of Bids
34. Public Opening of
Financial Parts
34.1 Following the completion of the evaluation of the Technical
Parts of the Bids, the Employer may notify in writing or
upload the same in e-portal those Bidders whose Bids
were considered non-responsive to the bidding document
or failed to meet the Qualification Criteria, advising them
of the following information:
(a) The grounds on which their Technical Part of Bid failed to meet the requirements of the bidding document;
(b) their “FINANCIAL PART” uploaded in web portal will be not be opened; and
34.2 The Employer shall, simultaneously, notify in writing or upload in e-portal those Bidders whose Technical Part have been evaluated as substantially responsive to the bidding document and met all Qualifying Criteria, advising them of the following information:
(a) Their Bid has been evaluated as substantially responsive to the bidding document and met the Qualification Criteria;
(b) Their “FINANCIAL PART” uploaded in e-portal will be opened at the public opening of the Financial Parts; and
(c) Notify them of the date, time and location of the second public opening of the “FINANCIAL PART” as specified in the BDS.
34.3 The opening date should allow Bidders sufficient time to make
arrangements for attending the opening. The Financial Part of
the Bid shall be opened publicly in the presence of Bidders‟
designated representatives and anyone who chooses to
attend.
34.4 At this public opening the Financial Parts will be opened by
the Employer in the presence of Bidders, or their designated
representatives and anyone else who chooses to attend.
Bidders who met the Qualification Criteria and whose bids
were evaluated as substantially responsive will have them
“FINANCIAL PART” opened at the second public opening.
The Employer shall read out the names of each Bidder, and
the total Bid prices, per contract if applicable, and any other
details as the Employer may consider appropriate.
34.5 The Employer shall neither discuss the merits of any Bid nor
reject “FINANCIALPART”.
34.6 The Employer shall prepare a record of the Financial Part of
the Bid opening that shall include, as a minimum:
(a) the name of the Bidder whose Financial Part was opened;
(b) the Bid price, per contract if applicable, including any discounts; and
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34.7 The Bidders whose “FINANCIAL PART” have been opened or
their representatives who are present shall be requested to
sign the record. The omission of a Bidder‟s signature on the
record shall not invalidate the contents and effect of the
record. A copy of the record shall be distributed to all Bidders.
I. Evaluation of Financial Parts of Bids
35. Evaluation of
Financial Parts
NOT APPLICABLE
FOR THIS CONTRACT
35.1 To evaluate the Financial Part, the Employer shall consider the
following:
(a) The Bid price, excluding Provisional Sums and the
provision, if any, for contingencies in the Summary Bill of
Quantities1 for admeasurement contracts, but including
Daywork2 items, where priced competitively;
(b) Price adjustment for correction of arithmetic errors in
accordance with ITB 36.1;
(c) Price adjustment due to discounts offered in accordance
with ITB14.4;
NOT APPLICABLE
FOR THIS CONTRACT
(d) converting the amount resulting from applying (a) to (c)
above, if relevant, to a single currency in accordance
with ITB 37;
(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 29.3; and
(f) The additional evaluation factors are specified in
Section III, Evaluation and Qualification Criteria.
NOT APPLICABLE
FOR THIS CONTRACT
35.2 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in Bid evaluation.
NOT APPLICABLE
FOR THIS CONTRACT
35.3 If this bidding document allows Bidders to quote separate
prices for different contracts, the methodology to determine
the lowest evaluated cost of the contract combinations,
including any discounts offered in the Letter of Bid – Financial
Part, is specified in Section III, Evaluation and Qualification
Criteria
36. Correction of
Arithmetical
Errors
36.1 In evaluating the Financial Part of each Bid, the Employer
shall correct arithmetical errors on the following basis:
1In lump-sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
2 If Daywork is work carried out following instructions of the Engineer in Charge and paid for on the basis of
time spent by workers, and the use of materials and the Contractor‟s equipment, at the rates quoted in
the Bid. For Daywork to be priced competitively for Bid evaluation purposes, the Employer must list
tentative quantities for individual items to be costed against Daywork (e.g., a specific number of tractor
driver staff-
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(a) only for admeasurement contracts, 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, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to (a) and (b) above.days, or a specific tonnage of Portland cement), to be multiplied by the Bidders‟ quoted rates and included in the total Bid price.
36.2 Bidders shall be requested to accept correction of
arithmetical errors. Failure to accept the correction in
accordance with ITB 36.1, shall result in the rejection of the
Bid.
37. Conversion to
Single Currency
37.1 For evaluation and comparison purposes, the currency(ies)
of the Bids shall be converted in a single currency as
specified in the BDS.
38. Margin of
Preference
38.1 Unless otherwise specified in the BDS, a margin of
preference for domestic Bidders3 shall not apply.
39. Comparison of
Financial Parts
39.1 The Employer shall compare the evaluated costs of all
responsive and qualified Bids to determine the Bid that has
the lowest evaluated cost.
40. Abnormally Low
Bids
40.1 An Abnormally Low Bid is one where the Bid price, in
combination with other constituent elements of the Bid,
appears unreasonably low to the extent that the Bid price
raises material concerns as to the capability of the Bidder to
perform the Contract for the offered Bid price.
3An individual firm is considered a domestic bidder for purposes of the margin of preference if it is registered
in the country of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it does not subcontract more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs are considered as domestic bidders and eligible for domestic preference only if the individual member firms are registered in the country of the Employer or have more than 50 percent ownership by nationals of the country of the Employer, and the JV shall be registered in the country of the Employer. The JV shall not subcontract more than 10 percent of the contract price, excluding provisional sums, to foreign firms. JVs between foreign and national firms will not be eligible for domestic preference.
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40.2 In the event of identification of a potentially Abnormally Low
Bid, the Employer shall seek written clarifications from the
Bidder, including detailed price analyses of its Bid price in
correlation to the subject matter of the contract, scope,
proposed methodology, schedule, allocation of risks and
responsibilities and any other requirements of the bidding
document.
40.3 After evaluation of the price analyses, in the event that the
Employer determines that the Bidder has failed to
demonstrate its capability to deliver the contract for the
offered tender price, the Employer shall reject the Bid.
41. Unbalanced or
Front Loaded Bids
41.1 If the Bid for an admeasurement contract, which results in
the lowest evaluated cost, in the Employer‟s opinion,
seriously unbalanced or front loaded the Employer may
require the Bidder to provide written clarifications.
Clarifications may include detailed price analyses to
demonstrate the consistency of the Bid prices with the scope
of works, proposed methodology, schedule any other
requirements of the bidding document.
above already reveals the reason;
(a) the expiry date of the Standstill Period; and
(b) instructions on how to request a debriefing and/or
submit a complaint during the standstill period.
41.2 After the evaluation of the information and detailed price
analyses presented by the Bidder, the Employer may as
appropriate:
(a) accept the Bid; or
(b) require that the amount of the performance security be
increased at the expense of the Bidder to a level not
exceeding 20% of the Contract price; or
(c) reject the Bid.
42. Most Advantageous Bid
42.1 Having compared the evaluated costs of Bids, the
Employershall determine the Most Advantageous Bid. The
Most Advantageous Bid is the Bid of the Bidder that meets
the Qualification Criteria and whose Bid has been
determined to
be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.
43. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids
43.1 The Employer reserves the right to accept or reject any Bid,
and to annul the Bidding process and reject all Bids at any
time prior to Contract Award, without thereby incurring any
liability to Bidders. In case of annulment, all Bids submitted
and specifically, Bid Securities, shall be promptly returned to
the Bidders.
44. Notice of Intention 44.1 When a Standstill Period applies, it shall commence when
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to Award theEmployer has transmitted to each Bidder (that has not
alreadybeen notified that it has been unsuccessful) the
Notification ofIntention to Award the Contract to the
successful Bidder. TheNotification of Intention to Award shall
contain, at aminimum, the following information:
(a) the name and address of the Bidder submitting the
successful Bid;
(b) the Contract price of the successful Bid;
(c) the names of all Bidders who submitted Bids, and
their Bid prices as readout, and as evaluated;
(d) a statement of the reason(s) the Bid (of the
unsuccessful Bidder to whom the letter is addressed)
was unsuccessful, unless the price information in c)
above already reveals the reason;
(e) the expiry date of the Standstill Period; and
(f) instructions on how to request a debriefing and/or
submit a complaint during the standstill period.
J.Award of Contract
45. Award Criteria 45.1 Subject to ITB 43, the Employer shall award the Contract to
the successful Bidder. This is the Bidder whose Bid has been
determined to be the Most Advantageous Bid as specified in
ITB 42.
46. Notification of
Award
46.1 Prior to the expiration of the Bid Validity Period and upon expiry of the Standstill Period, specified in BDS ITB 44.1 or any extension thereof, or upon satisfactorily addressing a complaint that has been filed within the Standstill Period, the Employer shall transmit the Letter of Acceptance to the successful Bidder. The Letter of Acceptance shall specify the sum that the Employer will pay the Contractor in of the execution of the contract (hereinafter,and in the
Conditions of Contract and Contract Forms, called “the
Contract Price”).
46.2 At the same time, the Employer shall publish the Contract Award Notice which shall contain, at a minimum, the following information:
(a) name and address of the Employer;
(b) name and reference number of the contract being awarded, and the selection method used;
(c) names of all Bidders that submitted Bids, and their Bid prices as read out at Bid opening, and as evaluated;
(d) names of all Bidders whose Bids were rejected either as nonresponsive or as not meeting qualification criteria, or were not evaluated, with the reasons therefor; and
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary of
its scope.
46.3 The Contract Award Notice shall be published on the
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Employer‟s website with free access.
46.4 Until a formal Contract is prepared and executed, the Letter
of Acceptance shall not constitute a binding Contract.
47. Debriefing by the
Employer
47.1 On receipt of the Employer‟s Notification of Intention to Award
referred to in ITB 45.1, an unsuccessful Bidder has three (3)
Business Days to make a written request to the Employer for a
debriefing. The Employer shall provide a debriefing to all
unsuccessful Bidders whose request is received within this
deadline.
47.2 Where a request for debriefing is received within the deadline,
the Employer shall provide a debriefing within five (5) Business
Days, unless the Employer decides, for justifiable reasons, to
provide the debriefing outside this timeframe. In that case, the
standstill period shall automatically be extended until five (5)
Business Days after such debriefing is provided. If more than
one debriefing is so delayed, the standstill period shall not end
earlier than five (5) Business Days after the last debriefing takes
place. The Employer shall promptly inform, by the quickest
means available, all Bidders of the extended standstill period.
47.3 Where a request for debriefing is received by the Employer
later than the three (3)-Business Day deadline, the Employer
should provide the debriefing as soon as practicable, and
normally no later than fifteen (15) Business Days from the date
of publication of Public Notice of Award of contract. Requests for
debriefing received outside the three (3)-day deadline shall not
lead to extension of the standstill period.
47.4 Debriefings of unsuccessful Bidders may be done in writing
or verbally. The Bidder shall bear their own costs of attending
such a debriefing meeting.
48. Signing of Contract 48.1 Promptly upon Notification of Award, the Employer shall send
the successful Bidder the Contract Agreement.
48.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return
it to the Employer.
49. Performance
Security
49.1 Within twenty-eight (28) days of the receipt of the Letter of
Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security, in accordance with the
General Conditions of Contract, subject to ITB 41.2 (b), using
for that purpose the Performance Security, Contract Forms,
or another form acceptable to the Employer. If the
Performance Security furnished by the successful Bidder is in
the form of a Deposit through eGRAS; or Bank Draft or Bank
guarantee. It shall be got verified from the issuing bank.
Other conditions regarding bank guarantee shall be same as
specified in ITB Sub-19.1 [Bid Security].
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49.2 Failure of the successful Bidder to submit the
abovementioned Performance Security, or to sign the
Contract Agreement shall constitute sufficient grounds for the
annulment of the award and forfeiture of the Bid Security. In
that event the Employer may award the Contract to the
Bidder offering the next Most Advantageous Bid.
50. Redressal of
Grievances during
Procurement Process
(Appeals)
50.1 Any grievance of a Bidder pertaining to the procurement
process shall be by way of filing an appeal to the First or
Second Appellate Authority, as the case may be, as specified
in the BDS, in accordance with the provisions of chapter III of
the Act and chapter VII of the Rules and as given in Appendix
A to these ITB.
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Appendix A: Grievance Handling Procedure during Procurement Process (Appeals)
(1) Filing an appeal:- If any Bidder or prospective Bidder is aggrieved that any decision,
action or omission of the Procuring Entity is in contravention to the provisions of the Act
or the Rules or the Guidelines issued there under, he may file an appeal to First or
Second Appellate Authority, as the case may be, as may be designated for the purpose,
within a period of ten days or such other period as may be specified in the pre-
qualification documents, Bidder registration documents or Bidding documents, as the
case may be, from the date of such decision or action, omission, as the case may be,
clearly giving the specific ground or grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful in terms of section 27 of the
Act, the appeal may be filed only by a Bidder who has participated in procurement
proceedings:
Provided further that in case a Procuring Entity evaluates the technical Bid before the
opening of the financial Bid, an appeal related to the matter of financial Bid may be filed
only by a Bidder whose technical Bid is found to be acceptable.
(2) Appeal not to lie in certain cases:- No appeal shall lie against any decision of the
Procuring Entity relating to the following matters, namely:-
a) Determination of need of procurement;
b) Provisions limiting participation of Bidders in the Bid process;
c) The decision of whether or not to enter into negotiations;
d) Cancellation of a procurement process;
e) Applicability of the provisions of confidentiality.
(3) Form of Appeal:-
a) An appeal under sub-section (1) or (4) of section 38 shall be in the annexed Form along with as many copies as there are respondents in the appeal.
b) Every appeal shall be accompanied by an order appealed against, if any affidavit verifying the facts stated in the appeal and proof of payment of fee.
c) Every appeal may be presented to First Appellate Authority or Second Appellate Authority, as the case may be, in person or through registered post or authorized representative.
(4) Fee for filing appeal:-
a) Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non-refundable.
b) The fee shall be paid in the form of bank demand draft or banker‟s Cheque of a Scheduled Bank payable in the name of Appellate Authority concerned.
(5) Procedure for disposal of appeals:- a) The First Appellate Authority or Second Appellate Authority, as the case may be, upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing.
b) On the date fixed for hearing, the First Appellate Authority or Second Appellate Authority,
as the case may be, shall-
(i) hear all the parties to appeal present before him; and
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 39 of 194 JSCL, Jhansi (UP)
(ii) peruse or inspect documents, relevant records or copies thereof relating to the atter.
c) After hearing the parties, perusal or inspection of documents and relevant records or
copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost.
d) The order passed under sub-clause (c) above shall be placed on the State Public Procurement Portal.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 40 of 194 JSCL, Jhansi (UP)
Annexure-I
FORM No. 1
[See rule 83]
Memorandum of Appeal under the
Appeal No ………of ……………
Before the ………………………… (First / Second Appellate Authority)
1. Particulars of appellant:
(i)Name of the appellant:
(ii) Official address, if any:
(iii) Residential address:
2. Name and address of the respondent(s): (1) (2) (3) 3. Number and date of the order appealed against and name and designation of the officer / authority who passed the order (enclose copy), or a statement of a decision, action or omission of the Procuring Entity in contravention to the provisions of the Act by which the appellant is aggrieved:
4. If the Appellant proposes to be represented by a representative, the name and postal address of
the representative:
5. Number of affidavits and documents enclosed with the appeal:
6. Grounds of appeal:
………………………………………………………………………………………..………………
(Supported by an affidavit)
7. Prayer:
………………………………………………………………………………………..………………
Place ………………………………….
Date…………………………………
Appellant's Signature
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 41 of 194 JSCL, Jhansi (UP)
Section - II
Bid Data Sheet (BDS)
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 42 of 194 JSCL, Jhansi (UP)
Section II - Bid Data Sheet (BDS)
A. General
Scope of Bid
ITB 1.1 The reference number is: NIT NoJSCL/ 2018-19/ 06 The Employer is: JhansiSmart City Limited The name of work is: ―Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with One Hour Battery Backup and Zero Export Device on Government Buildings/ offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)‖
ITB 1.2(a) e-Procurement System The Employer shall use the following e-procurement system to manage this Bidding process: https://etender.up.nic.in The electronic-procurement system shall be used to manage the following aspects of the Bidding process: a) Technical Proposal: The Technical Bid containing all the required documents in the required formats shall be uploaded in web-portalonly. b) Financial Proposal: The Priced Bid shall be uploaded through web-portal only.
Source of Funds
ITB 2.1 The name of the Project is: Jhansi Smart City Project in Jhansi City (Under Smart City Mission)
Eligible Bidders
ITB 4.1 Not Applicable.
B. Contents of Bidding Document
Clarification of bidding document,site visit,Pre-bid meeting
ITB 7.1 For clarification purposes only, the Employer‟s address is: Attention: Chief Executive Officer Jhansi Smart City Limited Office, Municipal Corporation Office, Near Elite Circle, Civil Lines, Jhansi (Uttar Pradesh) INDIA
Email :- [email protected]
ITB 7.1 Web page: https://etender.up.nic.in
ITB 7.4 A Pre-Bid MeetingShalltake place as describe in NIT. Place: Jhansi Smart City Limited, Conference hall, Municipal Corporation Office, -2nd floor, Near Elite Circle, Civil Lines, Jhansi (Uttar Pradesh) INDIA
ITB 7.6 Web page: https://etender.up.nic.in
C. Preparation of Bids
Language of Bid
ITB 10.1 The language of the Bid is: English All correspondence exchange shall be in English language. Language for translation of supporting documents and printed literature is English
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 43 of 194 JSCL, Jhansi (UP)
Document comprising the bid
ITB 11.2 (h)
(a) Total monetary value of similar work performed for each of the last seven years and definition of Similar work shall as defined in Para ‗4.2 (a)‘ of ―Eligibility and Qualification Criteria‖ stipulated herein in this document.
(b) Experience in works of similar nature and size for each of the last seven years, and details of works underway or contractually committed with their certificates from the concerned officer not less the rank of Executive Engineer or Equivalent. A list of clients with their contact details, who may be contacted for further information on those contracts, shall also be provided.
(c) Major items of construction equipment proposed to carry out the Contract;
(d) Qualifications and experience of key site management and technical personnel proposed for Contract; Reports on the financial standing of the Bidder, such as profit and loss statements and auditor's reports for the past three years;
(e) Authority may seek references from the Bidder's bankers;(Details to be furnished)
(f) Information regarding any litigation, current or during the last seven years, in which the Bidder is involved, the parties concerned, and disputed Amount.
ITB 11.3 (b)
The following schedules shall be submitted with the Bid: Construction Schedule
ITB 11.3 (c)
Bid which do not contain any of the following documents (as per ITB) shall be treated as Non- Responsive and Technical Bid shall not be evaluated.
(a) Cost of Bid Document (in the desired form)
(b) Bid Security (in the desired format)
(c) Copies of original documents defining the constitution or legal status, place of registration, and principal place of business;
(d) written notarized power of attorney of the signatory to submit the Bid of an appropriate value;
(e) CA certificate as per the Form FIN -3.2
Bid prices and Discount
ITB 14.5 The prices quoted by the Bidder shall not be subject to adjustment during the performance of the Contract.
Currency of Bid and Payments
ITB 15.1 The price shall be quoted by the Bidder in: Indian Rupees
Period of Validity of Bid
ITB 18.1 The Bid validity period shall be 180 days.
Bid Security ITB 19.1
A Bid Security shall be required. A Bid-Securing Declaration shall not be required.
ITB 19.3 (d)
Rs.10,29,000/- (Rupees Ten Lacs Twenty Nine Thousand) Only.
Mode of Payment:Online through Net Banking/RTGS/NEFT or Bank
Gaurantee(BG) as Annexure No C )
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 44 of 194 JSCL, Jhansi (UP)
ITB 19.9 If the Bidder performs any of the actions prescribed in ITB 19.9 (a) or (b), the Employer will declare the Bidder ineligible to be awarded contracts by the Employer for a period of 3 years.
Format and Signing of Bid
ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder shall consist of; Duly executed Power of Attorney in favour of person who is submitting the Bid.
D. Submission of Bids
Sealing and Marking of Bid
ITB 21.3 In addition to the original of the Bid, the number of copies is: Zero (0).
ITB 21.4 Since it is online Bid, the provision stands deleted.
ITB 21.5 Since it is online Bid, the provision stands deleted.
ITB 21.6 Since it is online Bid, the provision stands deleted.
Deadline for submission of Bid
ITB 22.1 For Bid submission purposes only, the Employer‟s address is: Jhansi Smart City Limited Office, Municipal Corporation Office, Near Elite Circle, Civil Lines, Jhansi (Uttar Pradesh) INDIA Date & Time is specified in NIT. Bidders “shall” mandatorily submit all the copies of the Bid vide web portal. The electronic bidding submission procedures shall be: The bidder would be required to register on the e-procurement Portal. https://etender.up.nic.in and submit their bids. Bidders are requested to submit the bid in two stages:
Stage – I: Eligibility and Technical Bid Stage. Stage – II: Financial Bid Stage.
The first stage will cover the qualifications and eligibility criteria and the technical bid. The bidder shall upload documents in support of the above. The bidder shall submit price bid under second stage which may include proposals for financing to cover part of the Scope of Work as per bid documents before the bid submission closing date.
Bidders shall submit a declaration without any reservation whatsoever that the submitted eligibility and qualification details, Techno-Commercial bid and financial bid are without any deviations and are strictly in conformity with the bid documents issued by the Employer.
Declaration should be given by the bidder for the correctness of the credentials submitted by him.
E. Public Opening of Technical Parts of Bids
Public Opening of Technical part of Bid
ITB 25.1
The Bid opening shall take place at: Office of Chief Executive Officer Jhansi Smart City Limited,
Jhansi Municipal Corporation Office, Near Elite Circle, Civil Lines,
Jhansi – 284001 (Uttar Pradesh) INDIA
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 45 of 194 JSCL, Jhansi (UP)
ITB 25.1
The electronic Bid opening procedures shall be: Bid opening will be as per the e-procurement procedures.
F. Evaluation of Bids – General Provisions
Non material Non Conformities
ITB 29.3 Not Applicable
G. Evaluation of Bids - Technical Parts
Subcontractors ITB 33.1 At this time the Employer to execute certain specific parts of the Works by subcontractors selected in advance- None
ITB 33.3 Contractor‟s proposed subcontracting: None
H. Public Opening of Financial Parts
Public Opening of Financial bids
ITB 34.2 (c)
Following the completion of the evaluation of the Technical Parts of the Bids, the Employer will notify vide the e-protal mentioning of the location, date and time of the public opening of Financial Parts. The Employer shall publish a notice of the public opening of the Financial Parts on its website.
I. Evaluation of Bids - Financial Parts
Conversion to Single Currency
ITB 37.1 Indian Rupees(INR)
Standstill Period
ITB 44
Not Applicable
J. Award of Contract
Grievance handling procedure during procurement process
ITB 51
A) First Appellate Authority shall be: Chief Executive Officer, Jhansi Smart City Limited,
Jhansi Municipal Corporation Office, Near Elite Circle, Civil Lines,
Jhansi – 284001 (Uttar Pradesh) INDIA B) Second Appellate Authority shall be: Nodal Officer, Jhansi Smart City Limited,
Jhansi Municipal Corporation Office, Near Elite Circle, Civil Lines,
Jhansi – 284001 (Uttar Pradesh) INDIA.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 46 of 194 JSCL, Jhansi (UP)
Section - III
Evaluation and Qualification Criteria
Bid Document for Design, Engineering, Supply, Installation, Testing, Commissioning, Operation and Maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with Zero Export Device on Government Buildings/Offices/Spaces at Jhansi Smart City Project”
Bidder Page 52 of 194 JSCL, Jhansi (UP)
Eligibility and Qualification Criteria Compliance Requirements Documentation
No. Subject Requirement Single Entity Joint Venture (existing or intended)
Submission
Requirements All members
Combined Each
member At least one
member
1. Eligibility
1.1 Nationality Nationality in accordance
with ITB 4.4 Must meet
requirement N/A N/A N/A Forms ELI – 1.1
and 1.2, with
attachments
1.2 Conflict of Interest No conflicts of interest in
accordance with ITB 4.2 Must meet
requirement N/A N/A N/A Letter of Bid
1.3 Employer Eligibility Not having been declared
ineligible by the Employer,
as described in ITB 4.5.
Must meet
requirement N/A N/A N/A Letter of Bid
1.4 State-owned enterprise or institution of theEmployer country
Meets conditions of ITB 4.6 Must meet
requirement N/A N/A N/A Forms ELI – 1.1
and 1.2, with
attachments
1.5 Enlistment/ Registration
The Bidder should be
presently enlisted/ registered
with any Govt.
Organisations/ Public Sector
Undertakings/ Autonomous
Bodies
Must meet
requirement N/A N/A N/A
Valid Certificate
of Enlistment/
Registration with
any Govt.
Organisations/
Public Sector
Undertakings/
Autonomous
Bodies
Bid Document for Design, Engineering, Supply, Installation, Testing, Commissioning, Operation and Maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with Zero Export Device on Government Buildings/Offices/Spaces at Jhansi Smart City Project”
Bidder Page 53 of 194 JSCL, Jhansi (UP)
Eligibility and Qualification Criteria Compliance Requirements Documentation
No.
Subject Requirement Single Entity Joint Venture (existing or intended)
Submission Requirements
All members Combined
Each member
At least one member
1. Historical Contract Non-Performance
2.1 History of Non-performing Contracts
Non-performance of a contract
4did not occur as a
result of contractor default since 10 years prior to 30 days from the due date of Bidding.
Must meet Requirement1 and 2
N/A N/A N/A Form CON-2
2.2 Suspension Based on Execution of Bid/Proposal Securing Declaration by the Employer or withdrawal of the Bid within Bid validity period
Not under suspension based on execution of a Bid/Proposal Securing Declaration pursuant to ITB 4.7 or withdrawal of the Bid pursuant ITB 19.9.
Must meet requirement
N/A N/A N/A Letter of Bid
4Non-performance, as decided by the Employer, shall include all contracts where (a) non-performance was not challenged by the contractor, including
through referral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the
contractor. Non-performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Non-performance
must be based on all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute
resolution mechanism under the respective contract and where all appeal instances available to the Bidder have been exhausted.
Bid Document for Design, Engineering, Supply, Installation, Testing, Commissioning, Operation and Maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with Zero Export Device on Government Buildings/Offices/Spaces at Jhansi Smart City Project”
Bidder Page 54 of 194 JSCL, Jhansi (UP)
2.3 Pending Litigation Bidder‟s financial position and prospective long-term profitability sound according to criteria established in 3.1 below and if all pending litigation will be resolved against the Bidder
Must meet requirement
N/A N/A N/A Form CON – 2
2.4 Litigation History No consistent history of court/arbitral award decisions against the Bidder
5 since 10
years prior to 30 days from the
due date of Bidding.
Must meet Requirement
N/A N/A N/A Form CON – 2
Eligibility and Qualification Criteria Compliance Requirements
Documentation
No
. Subject Requirement Single Entity
Joint Venture (existing or intended) Submission
Requirements All members
Combined Each
member At least one
member
3. Financial Situation and Performance
3.1 Financial Capabilities
(i) The Bidder shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means (independent of any contractual advance payment) sufficient to meet the construction cash flow
Must meet
requirement
The certificate
of
Accessability
of required
fund must be
issued from
schedule I I & II
N/A N/A N/A Form FIN – 3.1,
with attachments
The certificate of
Accessability of
required fund
must be issued
from schedule I I
& II banks
5The Bidder shall provide accurate information on the letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under its
execution over the last five years. A consistent history of court/arbitral awards against the Bidder or any member of a joint venture may result in
disqualifying the Bidder.
Bid Document for Design, Engineering, Supply, Installation, Testing, Commissioning, Operation and Maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with Zero Export Device on Government Buildings/Offices/Spaces at Jhansi Smart City Project”
Bidder Page 55 of 194 JSCL, Jhansi (UP)
requirements estimated as INR 52 lacs of the estimated contract value for the subjectcontract(s) net of the Bidder‟s other commitments
banks
(ii) The audited balance
sheets of the Bidder for the
last 3 (three) years (ending
Last Financial Year i.e. 31st
March, 2019) shall be
submitted. The bidder should
not have incurred any loss
(profit after tax should be
positive) in more than ONE
year during the immediate
last THREE consecutive
financial years ending 31st
March 2019, duly certified by
the Chartered Accountant.
Must meet
requirement
Duly signed by
chartered
accountant/Au
ditor and self
certified by the
bidder
N/A N/A N/A
Audited Balance
Sheet for last 3
(three) Financial
Years Ending 31st
March, 2019 Duly
signed by
chartered
accountant/Audi
tor and self
certified by the
bidder
3.2 Average Annual
Turnover Minimum average annual
turnover of INR 170 Lakhs,
calculated as total certified
payments received for
contracts in progress and/or
completed within the last 3
years ending 31st March of
Previous Financial Year (i.e.
Ending 31st March, 2019)
Must meet
requirement
Duly signed by
chartered
accountant/Au
ditor and self
certified by the
bidder
N/A N/A N/A Form FIN – 3.2
Duly signed by
chartered
accountant/Audi
tor and self
certified by the
bidder
3.4 Net-worth
Net Worth of the Bidder as
on 31st March of previous
Financial Year (i.e. as on
31st March 2019) should be
positive
Must meet
requirement
Duly signed by
chartered
accountant/Au
N/A N/A N/A
Form FIN – 3.1,
with attachments
Duly signed by
chartered
accountant/Audi
Bid Document for Design, Engineering, Supply, Installation, Testing, Commissioning, Operation and Maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with Zero Export Device on Government Buildings/Offices/Spaces at Jhansi Smart City Project”
Bidder Page 56 of 194 JSCL, Jhansi (UP)
ditor and self
certified by the
bidder
tor and self
certified by the
bidder
Eligibility and Qualification Criteria Compliance Requirements
Documentation
No. Subject Requirement Single Entity
Joint Venture (existing or intended) Submission
Requirements All members
Combined Each
member At least one
member
4. Experience
4.1 (a)
General Construction Experience
Experience under construction
contracts in the role of prime
contractor, JV member, nominated
sub-contractor, or management
contractor for the last 7years,
ending last day of the month
previous to the date of publication
of NIT.
Must meet
requirement N/A N/A N/A Form EXP – 4.1
Bid Document for Design, Engineering, Supply, Installation, Testing, Commissioning, Operation and Maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with Zero Export Device on Government Buildings/Offices/Spaces at Jhansi Smart City Project”
Bidder Page 57 of 194 JSCL, Jhansi (UP)
4.2
(a)
Specific
Construction &
Contract
Management
Experience
(i) A minimum number of similar
contracts specified below that have
been completed as a prime
contractor, joint venture member6,
management contractor or
nominated subcontractor3
for the
last 7years, ending last day of the
month previous to the date of
publication of NIT.
a) One similar completed work of
minimum Contract value of 80% of
Estimated cost put to Tender in a
single contract
OR
b) Two similar completed work of
minimum each Contract value of
50% of Estimated cost put to
Tender in two different contracts.
OR
c) Three similar completed work of
minimum each Contract value of
40% of Estimated cost put to
Tender in three different contracts.
Must meet
requirements
Must be duly
signed by the
employer of the
bidder and self
certified.
N/A N/A N/A Form EXP 4.2(a)
Supprted by Valid
Certificate from
Client.
(The Similar
Contracts/ Works
is defined at
NOTE below Para
4.2 (b))
Must be duly
signed by the
employer of the
bidder and self
certified.
6For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder‟s share, by value, shall be considered to meet
this requirement.
Bid Document for Design, Engineering, Supply, Installation, Testing, Commissioning, Operation and Maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with Zero Export Device on Government Buildings/Offices/Spaces at Jhansi Smart City Project”
Bidder Page 58 of 194 JSCL, Jhansi (UP)
4.2
(b)
Specific
Construction &
Contract
Management
Experience in
Govt.
Organisations/
Public Sector
Undertakings/
Autonomous
Bodies
Bidder should have experience of
having satisfactorily completed at
one Similar Project(s) of valuing not
less than 40% of Estimated Cost
put to Tender in Govt.
Organisations/ Public Sector
Undertakings/ Autonomous Bodies
supported by Completion Certificate
Must meet
requirements
Must be duly
signed by the
employer of the
bidder and self
certified.
N/A N/A N/A Form EXP 4.2(a)
Supprted by Valid
Certificate from
Client.
(The Similar
Contracts/ Works
is defined at
NOTE below Para
4.2 (b))
Must be duly
signed by the
employer of the
bidder and self
certified.
NOTE: Similar Work shall mean experience of Design, Engineering, Supply, Erection, testing, commissioning, operation and
maintenance of On-Grid and off-grid Solar PV projects under CAPEX or RESCO model.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 59 of 194 JSCL, Jhansi (UP)
Section - IV
Bidding Forms
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 60 of 194 JSCL, Jhansi (UP)
Contents of Bidding Forms
Table of Forms
Sl. No. Description
1 Letter of Bid - Technical Part
2 Site Organisation Chart
3 Method Statement
4 Mobilization Schedule
5 Construction Schedule
6 Appendix B to Technical Part: Equipment
7 Appendix C to Technical Part: Key Personnel
8 Form PER -1: Key Personnel
9 Form PER-2: Resume and Declaration
10 Appendix D to Technical Part: Bidder‘s Qualification
11 Form ELI -1.1
12 Form ELI -1.2
13 Form CON – 2
14 Form FIN – 3.1
15 Form FIN - 3.2
16 Form FIN – 3.3
17 Form FIN – 3.4
18 Form EXP - 4.1
19 Form EXP - 4.2(a)
20 Form EXP - 4.2(a) (cont.)
21 Form EXP - 4.2(b)
22 Letter of Bid - Financial Part : Not required as online Bid. Hence deleted
23 Bid Security Bank Gaurantee Format
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 62 of 194 JSCL, Jhansi (UP)
Letter of Bid - Technical Part Date of this Bid submission: [insert date (as day, month and year) of Bid submission] Request
for Bid No.: [insert identification]
To
Chief Executive Officer, Jhansi Smart City Limited, Jhansi Municipal Corporation Office, Near Elite Circle, Civil Lines, Jhansi – 284001 (Uttar Pradesh) INDIA We, the undersigned, hereby submit our Bid, in two parts, namely:
(a) The Technical Part, and
(b) The Financial Part
In submitting our Bid, we make the following declarations:
(a) No reservations: We have examined and have no reservations to the bidding document,
including Addenda issued in accordance with Instructions to Bidders (ITB 8);
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance
with ITB 4;
(c) Bid-Securing Declaration: We have not been suspended nor declared ineligible by the
Employer based on execution of a Bid-Securing Declaration or Proposal-Securing Declaration
in the Employer‟s country in accordance with ITB 4.7;
(d) Conformity: We offer to execute in conformity with the bidding document the following Works:
[insert a brief description of the Works]
(e) Bid Validity Period: Our Bid shall be valid for a period specified in BDS 18.1 (or as amended if
applicable) from the date fixed for the Bid submission deadline specified in BDS 22.1 (or as
amended if applicable), and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;
(f) Performance Security: If our Bid is accepted, we commit to obtain a Performance Security in
accordance with the bidding document;
(g) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder or as a
subcontractor, and we are not participating in any other Bid(s) as a Joint Venture member,
and meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance
with ITB 13;
(h) State-owned enterprise or institution: [select the appropriate option and delete the other] [We
are not a state-owned enterprise or institution] / [We are a state-owned enterprise or institution
but meet the requirements of ITB 4.6];
(i) Binding Contract: We understand that this Bid, together with your written acceptance thereof
included in your Letter of Acceptance, shall constitute a binding contract between us, until a
formal contract is prepared and executed;
;
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 63 of 194 JSCL, Jhansi (UP)
(j) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated
cost Bid, the Most Advantageous Bid or any other Bid that you may receive; and
(k) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person
acting for us or on our behalf engages in any type of Fraud and Corruption;
Name of the Bidder: *[insert complete name of person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete
name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [ insert signature of person whose name and capacity are
shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
Date signed ________________________________ day of _______________________,
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with
the Bid
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 64 of 194 JSCL, Jhansi (UP)
Appendix A to Technical Part:
Technical Proposal
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 65 of 194 JSCL, Jhansi (UP)
Site Organization
[insert Site Organization information]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 66 of 194 JSCL, Jhansi (UP)
Method Statement
[insert Method Statement]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 67 of 194 JSCL, Jhansi (UP)
Mobilization Schedule
[insert Mobilization Schedule]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 68 of 194 JSCL, Jhansi (UP)
Construction Schedule
[insert Construction Schedule]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 69 of 194 JSCL, Jhansi (UP)
Appendix B to Technical Part: Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section III, Evaluation and Qualification
Criteria. A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.
Item of equipment
Equipment
information
Name of manufacturer Model and power rating
Capacity Year of manufacture
Current
status
Current location
Details of current commitments
Source Indicate source of the equipment
(a) Owned Rented Leased Specially manufactured
Omit the following information for equipment owned by the Bidder.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Telex
Agreements Details of rental / lease / manufacture agreements specific to the project
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 70 of 194 JSCL, Jhansi (UP)
Appendix C to Technical Part: Key Personnel
Form PER -1: Key Personnel
Schedule
Bidders should provide the names and details of the suitably qualified Key Personnel to perform
the Contract. The data on their experience should be supplied using the Form PER-2 below for
each candidate.
Key Personnel
1. Title of position:
Name of candidate:
Duration of
appointment:
[insert the whole period (start and end dates) for which this position will
be engaged]
Time commitment: for
this position:
[insert the number of days/week/months/ that has been scheduled for
this position]
Expected time
schedule for this
position:
[insert the expected time schedule for this position (e.g. attach high
level Gantt chart]
2. Title of position:
Name of candidate:
Duration of
appointment:
[insert the whole period (start and end dates) for which this position will
be engaged]
Time commitment: for
this position:
[insert the number of days/week/months/ that has been scheduled for
this position]
Expected time
schedule for this
position:
[insert the expected time schedule for this position (e.g. attach high
level Gantt chart]
3. Title of position:
Name of candidate:
Duration of
appointment:
[insert the whole period (start and end dates) for which this position will
be engaged]
Time commitment: for
this position:
[insert the number of days/week/months/ that has been scheduled for
this position]
Expected time
schedule for this
position:
[insert the expected time schedule for this position (e.g. attach high
level Gantt chart]
4. Title of position:
Name of candidate:
Duration of
appointment:
[insert the whole period (start and end dates) for which this position will
be engaged]
Time commitment: for
this position:
[insert the number of days/week/months/ that has been scheduled for
this position]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 71 of 194 JSCL, Jhansi (UP)
Expected time
schedule for this
position:
[insert the expected time schedule for this position (e.g. attach high
level Gantt chart]
5. Title of position: [insert title]
Name of candidate
Duration of
appointment:
[insert the whole period (start and end dates) for which this position will
be engaged]
Time commitment:
for this position:
[insert the number of days/week/months/ that has been scheduled for
this position]
Expected time
schedule for this
position:
[insert the expected time schedule for this position (e.g. attach high level
Gantt chart]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 72 of 194 JSCL, Jhansi (UP)
Form PER-2: Resume and Declaration Key Personnel
Name of Bidder
Position [#1]: [title of position from Form PER-1]
Personnel
information
Name: Date of birth:
Address: E-mail:
Professional qualifications:
Academic qualifications:
Language proficiency:[language and levels of speaking, reading and writing
skills]
Details
Address of employer:
Telephone: Contact (manager / personnel officer):
Fax:
Job title: Years with present employer:
Summarize professional experience in reverse chronological order. Indicate particular technical
and managerial experience relevant to the project.
Project Role Duration of
involvement Relevant experience
[main
project
details]
[role and
responsibilities on
the project]
[time in role] [describe the experience relevant to this
position]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 73 of 194 JSCL, Jhansi (UP)
Declaration
I, the undersigned Key Personnel, certify that to the best of my knowledge and belief, the information contained in this Form PER-2 correctly describes myself, my qualifications and my experience.
I confirm that I am available as certified in the following table and throughout the expected time
schedule for this position as provided in the Bid:
Commitment Details
Commitment to duration of
contract:
[insert period (start and end dates) for which this Key
Personnel is available to work on this contract]
Time commitment: [insert the number of days/week/months/ that this Key
Personnel will be engaged]
I understand that any misrepresentation or omission in this Form may:
(a) be taken into consideration during Bid evaluation;
(b) my disqualification from participating in the Bid;
(c) my dismissal from the contract.
Name of Key Personnel: [insert name]
Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Bidder:
Signature: ________________________________________________________
Date: (day month year): __________________________________
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 74 of 194 JSCL, Jhansi (UP)
Appendix D to Technical Part: Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information requested in
the corresponding Information Sheets included hereunder.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 75 of 194 JSCL, Jhansi (UP)
Form ELI -1.1
Bidder Information Form
Date: _________________
NIT No. and title: _________________
Page __________of _______________pages
Bidder's name
In case of Joint Venture (JV), name of each member:
Bidder's actual or intended country of registration:
[indicate country of Constitution]
Bidder's actual or intended year of incorporation:
Bidder's legal address [in country of registration]:
Bidder's authorized representative information
Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of
I. Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of registration of the legal entity named above, in accordance with ITB 4.4.
II. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1. III. In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents
establishing:
Legal and financial autonomyOperation under commercial law
Establishing that the Bidder is not under the supervision of the Employer.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 76 of 194 JSCL, Jhansi (UP)
Form ELI -1.2 Bidder's JV Information Form
(to be completed for each member of Bidder’s JV)
Date: _______________
NIT No. and title: __________________
Page _______________ of ____________ pages
Bidder‟s JV name:
JV member‟s name:
JV member‟s country of registration:
JV member‟s year of constitution:
JV member‟s legal address in country of constitution:
JV member‟s authorized representative information
Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of
Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.4.
In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in accordance with commercial law, and that they are not under the supervision of the Employer, in accordance with ITB 4.6.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 77 of 194 JSCL, Jhansi (UP)
Form CON – 2
Historical Contract Non-Performance, Pending Litigation and Litigation History
Bidder‟s Name: ________________
Date: ______________________
JV Member‟s Name_________________________
NIT No. and title: ___________________________
Page _______________of ______________pages
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.
Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1
Year Nonperformed
portion of
contract
Contract Identification Total Contract
Amount (current value, currency, exchange rate
and INR equivalent)
[insert
year]
[insert amount
and
percentage]
Contract Identification: [ indicate complete
contract name/ number, and any other
identification] Name of Employer: [ insert full
name]Address of Employer: [ insert
street/city/country] Reason(s) for non-
performance: [indicate main reason(s)]
[insert amount]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3.
Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, SubFactor
2.3 as indicated below.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 78 of 194 JSCL, Jhansi (UP)
Year of
dispute
Amount in dispute (currency)
Contract Identification Total
Contract
Amount
(currency),
INR
Equivalent
(exchange rate)
Contract Identification: _________
Name of Employer: ____________
Address of Employer: __________
Matter in dispute: ______________
Party who initiated the dispute: ____
Status of dispute: ___________
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Party who initiated the dispute:
Status of dispute:
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
No Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.4.
Litigation History in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor
2.4 as indicated below.
Year of
award
Outcome as
percentage of
Net Worth
Contract Identification Total Contract Amount (currency), INR
Equivalent (exchange rate)
[insert
year]
[insert
percentage]
Contract Identification: [indicate complete contract name, number, and any other identification] Name of Employer: [insert full name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main issues
in dispute]
Party who initiated the dispute: [indicate
“Employer” or “Contractor”]
Reason(s) for Litigation and award
decision [indicate main reason(s)]
[insertamount]
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 79 of 194 JSCL, Jhansi (UP)
Form FIN – 3.1
Financial Situation and Performance
Bidder‟s Name: ________________
Date: ______________________
JV Member‟s Name_________________________
NIT No. and title: ___________________________
Page _______________of ______________pages
1. Financial data#
Type of Financial information in (currency)
Historic information for previous _________years,
______________
(amount in currency, currency, exchange rate*, in INR equivalent)
Year 1 Year 2 Year 3 Year4 Year 5
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Total Equity/Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Working Capital (WC)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes (PBT)
Cash Flow Information
Cash Flow from Operating
Activities
*Refer to ITB 15 for the exchange rate
# The Financial Certificate shall be certified by the Chartered Accountant.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 80 of 194 JSCL, Jhansi (UP)
2. Sources of Finance
Specify sources of finance to meet the cash flow requirements on works currently in progress and
for future contract commitments.
No. Source of finance Amount (INR equivalent)
1
2
3
4
2. Financial documents
The Bidder and its parties shall provide copies of financial statements for ___________years
pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial
statements shall:
(a) reflect the financial situation of the Bidder or in case of JV member, and not an
affiliated entity (such as parent company or group member).
(b) be independently audited or certified in accordance with local legislation.
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited.
Attached are copies of financial statements7 for the ____________years required above; and
complying with the requirements
7 If the most recent set of financial statements is for a period earlier than 12 months from the date of bid, the
reason for this should be justified.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 81 of 194 JSCL, Jhansi (UP)
Form FIN - 3.2:
Average Annual Construction Turnover
(See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2)
Bidder‟s Name: ________________
Date: ______________________
S. No. Financial Year Annual Construction Turnover (INR
Crore)
1 Financial Year 2016-17
2 Financial Year 2017-18
3 Financial Year 2018-19
Note: The audited Financial Statements for the corresponding year has to be attached.
Name of the auditor issuing the certificate
Name of the auditor‟s Firm:
Seal of the auditor‟s Firm:
Date:
(Signature, name and designation of the authorised signatory for the Auditor‟s Firm)
* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 82 of 194 JSCL, Jhansi (UP)
Form FIN – 3.3 Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as specified in Section III
(Evaluation and Qualification Criteria)
Financial Resources
No. Source of financing Amount (INR equivalent)
1
2
3
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 83 of 194 JSCL, Jhansi (UP)
Form FIN – 3.4 Current Contract Commitments / Works in Progress
Bidders and each member to a JV should provide information on their current commitments on all
contracts that have been awarded, or for which a letter of intent or acceptance has been received,
or for contracts approaching completion, but for which an unqualified, full completion certificate
has yet to be issued.
Current Contract
Commitments
No. Name of Contract
Employer’s
Contact Address,
Tel, Fax
Value of
Outstanding
Work
[Current INR
Equivalent]
Estimated
Completion
Date
Average Monthly
Invoicing Over
Last Six
Months
[INR month)]
1
2
3
4
5
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 84 of 194 JSCL, Jhansi (UP)
Form EXP - 4.1
General Construction Experience
Bidder‟s Name: ________________
Date: ______________________
JV Member‟s Name_________________________
NIT No. and title: ___________________________ Page
_______________of______________pages
Starting
Year
Ending
Year
Contract Identification Role of
Bidder
Contract Name: ____________________
Brief Description of the Works performed by the
Bidder: _____________________________ Amount of
contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract Name: _________________________
Brief Description of the Works performed by the
Bidder: _____________________________ Amount of
contract: ___________________
Name of Employer: ___________________
Address: _________________________
Contract Name: ________________________
Brief Description of the Works performed by the
Bidder: __________________________
Amount of contract: ___________________
Name of Employer: ___________________ Address:
_________________________
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 85 of 194 JSCL, Jhansi (UP)
Form EXP - 4.2(a)
Specific Construction and Contract Management Experience
Bidder‟s Name: ________________
Date: ______________________
JV Member‟s Name_________________________
NIT No. and title: ___________________________
Page _______________of ______________pages
Similar Contract No. Information
Contract Identification
Award date
Completion date
Role in Contract
Member in
Prime
Contractor JV
ManagementSub-
Contractor
Total Contract Amount INR
If member in a JV or
subcontractor, specify
participation in total Contract
amount
Employer's Name:
Address:
Telephone/fax number
E-mail:
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 86 of 194 JSCL, Jhansi (UP)
Form EXP - 4.2(a) (cont.)
Specific Construction and Contract Management Experience (cont.)
Similar Contract No. Information
Description of the similarity in
accordance with Sub-Factor 4.2(a) of
Section III:
1. Amount
2. Physical size of required works
items
3. Complexity
4. Methods/Technology
5. Construction rate for key activities
6. Other Characteristics
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 87 of 194 JSCL, Jhansi (UP)
Form EXP - 4.2(b)
Construction Experience in Key Activities
Bidder's Name: ________________
Date: ___________________
Bidder's JV Member Name: __________________
Sub-contractor's Name8 (as per ITB 34.2 and 34.3): ________________
NIT No. and title: _____________________
Page __________________of ________________pages
All Sub-contractors for key activities must complete the information in this form as per ITB 33.2
and 33.3 and Section III, Qualification Criteria and Requirements, Sub-Factor 4.2.
1. Key Activity No One: ________________________
Information
Contract Identification
Award date
Completion date
Role in Contract Prime
Contractor
Member in
JV
Management Contractor
Subcontractor
Total Contract Amount
INR
Quantity (Volume, number or rate of
production, as applicable) performed
under the contract per year or part of
the year
Total quantity in the contract
(i)
Percentage participation
(ii)
Actual
Quantity
Performed
(i) x (ii)
Year 1
Year 2
Year 3
Year 4
Employer‟s Name:
Information
8 If applicable
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 88 of 194 JSCL, Jhansi (UP)
Address:
Telephone/fax number
E-mail:
2. Activity No. Two
3. …………………
Information
Description of the key activities in
accordance with Sub-Factor 4.2(b) of
Section III:
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 89 of 194 JSCL, Jhansi (UP)
Letter of Bid - Financial Part : Not required as online Bid. Hence stands deleted
Date of this Bid submission: [insert date (as day, month and year) of Bid submission] Request
for Bid No.: [insert identification]
To
Chief Executive Officer
Jhansi Smart City Limited, *.
We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Bill of
Quantities. This accompanies the Letter of Technical Part.
In submitting our Bid, we make the following additional declarations:
(a) Bid Validity Period: Our Bid shall be valid for a period specified in BDS 18.1 (or as amended if
applicable) from the date fixed for the Bid submission deadline specified in BDS 22.1 (or as
amended if applicable), and it shall remain binding upon us and may be accepted at any time
before the expiration of that period;
(b) Total Price: The total price of our Bid, excluding any discounts offered in item (f) below is:
[Insert one of the options below as appropriate]
Total price is: [ insert the total price of the Bid in words and figures, indicating the various amounts and the respective currencies];
(c) Discounts: The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered]
(ii) The exact method of calculations to determine the net price after application of discountsis
shown below: [Specify in detail the method that shall be used to apply the discounts];
(d) Commissions, gratuities and fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Bidding process or execution of the Contract: [ insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount and currency of each such commission or gratuity].
Name of Recipient Address Reason Amount
(If none has been paid or is to be paid, indicate “none.”)
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 90 of 194 JSCL, Jhansi (UP)
Name of the Bidder: *[insert complete name of person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert complete
name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [ insert signature of person whose name and capacity are
shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as
Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of
attorney shall be attached with theBid Schedules
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 91 of 194 JSCL, Jhansi (UP)
Annexure C
BID SECURITY (BANK GAURANTEE FORMAT)
WHEREAS, [name of Bidder] (hereinafter called “the Bidder”)
has submitted his Bid dated ______________________________[date] for the
“__________________________________________________________”
NIT No._________________________________(Hereinafter called “the Bid”).
KNOW ALL PEOPLE by these presents that We ______________________
[name of Bank] of_________________ [name of country] having our registered
office at _____________________________________________[address,e-mail,
Phone number] (hereinafter called “the Bank”) are bound unto Chief Executive
Officer, Jhansi Smart City Limited, Jhansi-284001, Uttar Pradesh (hereinafter called
“the Employer”) in the sum of _________________________________________ for
which payment well and truly to be made to the said Employer, the Bank binds itself,
its successors, and assigns by these presents.
SEALED with the Common Seal of the said Bank this day of _____________.
THE CONDITIONS of this obligation are:
(1) If, after Bid opening, the Bidder withdraws his Bid during the period of Bid
validity specified in the Form of Bid; or
(2) If the Bidder having been notified of the acceptance of his Bid by the
Employer during the period of Bid validity:
(a) Fails or refuses to execute the Form of Agreement in accordance with
the Instructions to Bidders, if required; or
(b) Fails or refuses to furnish the Performance Security, in accordance
with the Instruction to Bidders; or
(c) Does not accept the correction of the Bid Price as per pursuant to
clause 36
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We undertake to pay to the Employer up to the above amount upon receipt
of his first written demand, without the Employer having to substantiate his
demand, provided that in his demand the Employer will note that the
amount claimed by him is due to him owing to the occurrence of one or any
of the three conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including days after the deadline for
submission of Bids as such deadline is stated in the Instructions to Bidders or as it
may be extended by the Employer, notice of which extension(s) to the Bank is hereby
waived. Any demand in respect of this Guarantee should reach the Bank not later
than the above date.
DATE SIGNATURE OF THE BANK
WITNESS SEAL ______________________________
____________________________________________
[Signature, name, and address, e-mail, Phone number]
1. The Bidder should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as shown in the
Detail Tender Notice.
2. Validity Period of Bid Security: - 45 days after the end of the validity period of
the Bid.
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Section - V
Eligible Countries
(Deleted)
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Section - VI
Fraud and Corruption
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Section VI - Fraud and Corruption
6.1 The Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process and after the issue of the Letter of
Acceptance and/or Letter of Award and during the subsistence of the Contract Agreement.
Notwithstanding anything to the contrary contained herein, or in the Letter of Acceptance
and/or Letter of Award or the Contract Agreement, the Employer shall reject a Bid,
withdraw the Letter of Acceptance and/or Letter of Award, or terminate the Contract
Agreement without being liable in any manner whatsoever to the Bidder or Contractor or
Concessionaire if it determines that the Bidder or Contractor or Concessionaire has,
directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice in the Bidding Process. In
such an event, the Employer shall forfeit and appropriate the Bid Security or Performance
Security as mutually agreed genuine pre-estimated compensation and damages payable to
the Employer towards, inter alia, time, cost and effort of the Employer, without prejudice to
any other right or remedy that may be available to the Employer hereunder or otherwise.
6.2 Without prejudice to the rights of the Employer under Clause 6.1 hereinabove and the
rights and remedies which the Employer may have under the Letter of Acceptance and/or
Letter of Award or the Contract Agreement, if a Bidder or contractor or Concessionaire, as
the case may be, is found by the Employer 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 Bidding Process, or after the issue of
the Letter of Acceptance and/or Letter of Award or the Contract Agreement or the execution
of the Contract Agreement, such Bidder or Contractor or Concessionaire shall not be
eligible to participate in any tender or RFP issued by the Employer during a period of 3
(three) years from the date such Bidder or Contractor or Concessionaire, as the case may
be, is found by the Employer to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practices, as the case may be.
6.3 For the purposes of this Clause 6, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Employer who is or has been associated in any manner, directly or indirectly with the Bidding Process or the Letter of Acceptance and/or Letter of Award or has dealt with matters concerning the Contract Agreement or arising therefrom, before or after the execution thereof, at any time prior 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 Employer, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the Letter of Acceptance and/or Letter of Award or after the execution of the ContractAgreement, as the case may be, any person in respect of any matter relating to the Project or the Letter of Acceptance and/or Letter of Award or the Contract Agreement, who at any time has been or is a legal, financial or technical adviser of the Employer in relation to any matter concerning the Project;
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(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression
of facts or disclosure of incomplete facts, in order to influence the Bidding Process.
(c) “coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any person or property to influence any person‟s participation
or action in the Bidding Process.
(d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the Employer with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and
(e) “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full
and fair competition in the Bidding Process.
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VOLUME - 2
Conditions of Contract andContract Forms
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Section - VII
General Conditions of Contract
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Section VII- General Conditions of Contract
These General Conditions of Contract (GCC), read in conjunction with the Particular (Special)
Conditions of Contract (PCC (SCC)) and other documents listed therein, should be a complete
document expressing fairly the rights and obligations of both parties.
These General Conditions of Contract have been developed based on considerable national
experience in the drafting and management of contracts, bearing in mind a trend in the
construction industry towards simpler, more straightforward language.
The GCC can be used for both smaller admeasurement contracts and lump-sum contracts.
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Contents of General Conditions of Contract (GCC)
Table of Clauses
Clause No.
Description
A General
1 Definitions
2 Interpretation
3 Language and Law
4 Engineer In Charge‘s Decisions
5 Delegation
6 Communications
7 Subcontracting
8 Other Contractors
9 Personnel and Equipment
10 Employer‘s and Contractor‘s Risks
11 Employer‘s Risks
12 Contractor‘s Risks
13 Insurance
14 Site Data
15 Contractor to Construct the Works
16 The Works to Be Completed by the Intended Completion Date
17 Approval by the Engineer In Charge
18 Safety
19 Discoveries
20 Possession of the Site
21 Access to the Site
22 Instructions, Inspections and Audits
23 Appointment of the Adjudicator
24 Procedure for Disputes
25 Fraud and Corruption
B Time Control
26 Program
27 Extension of the Intended Completion Date
28 Acceleration
29 Delays Ordered by the Engineer In Charge
30 Management Meetings
31 Early Warning
C Quality Control
32 Identifying Defects
33 Tests
34 Correction of Defects
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35 Uncorrected Defects
D Cost Control
36 Contract Price
37 Changes in the Contract Price
38 Variations
39 Cash Flow Forecasts
40 Payment Certificates
41 Payments
42 Compensation Events
43 Tax
44 Currencies
45 Price Adjustment
46 Retention
47 Liquidated Damages
48 Bonus
49 Advance Payment
50 Securities
51 Dayworks
52 Cost of Repairs
53 Cost of Completion
54 Taking Over
55 Final Account
56 Operating and Maintenance Manuals
57 Termination
58 Payment upon Termination
59 Property
60 Release from Performance
61 Suspension of Grant by GOI and/or State Government of UP
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General Conditions of Contract
(p) Drawings means the drawings of the Works, as included in the
Contract, and any additional and modified drawings issued by (or
on behalf of) the Employer in accordance with the Contract,
include calculations and other information provided or approved
by theEngineer In Charge for the execution of the Contract.
(q) The Employer is the party who employs the Contractor to carry out
the Works, as specified in the PCC (SCC).
1. Definitions 1.1 Boldface type is used to identify defined terms.
(a) The Accepted Contract Amount means the amount accepted in
the Letter of Acceptance for the execution and completion of
the Works and the remedying of any defects.
(b) The Adjudicator is the person appointed jointly by the Employer
and the Contractor to resolve disputes in the first instance, as
provided for in GCC 23.
(c) Employer means the name as specified in the PCC (SCC).
(d) Bill of Quantities means the priced and completed Bill of
Quantities forming part of the Bid.
(e) Compensation Events are those defined in GCC Clause 42
hereunder.
(f) The Completion Date is the date of completion of the Works as
certified by theEngineer In Charge, in accordance with GCC
Sub-Clause 53.1.
(g) The Contract is the Contract between the Employer and the
Contractor to execute, complete, and maintain the Works. It
consists of the documents listed in GCC SubClause 2.3 below.
(h) The Contractor is the party whose Bid to carry out the Works
has been accepted by the Employer.
(i) The Contractor‟s Bid is the completed bidding document
submitted by the Contractor to the Employer.
(j) The Contract Price is the Accepted Contract Amount stated in
the Letter of Acceptance and thereafter as adjusted in
accordance with the Contract.
(k) Days are calendar days; months are calendar months.
(l) Dayworks are varied work inputs subject to payment on a time
basis for the Contractor‟s employees and Equipment, in
addition to payments for associated Materials and Plant.
(m) A Defect is any part of the Works not completed in accordance
with the Contract.
(n) The Defects Liability Certificate is the certificate issued by
Engineer In Charge upon correction of defects by the
Contractor.
(o) The Defects Liability Period is the period named in the PCC
(SCC) pursuant to Sub-Clause 34.1 and calculated from the
Completion Date
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(r) Equipment is the Contractor‟s machinery and vehicles brought
temporarily to the Site to construct the Works.
(s) “In writing” or “written” means hand-written, typewritten, printed or
electronically made, and resulting in a permanent record;
(t) The Initial Contract Price is the Contract Price listed in the
Employer‟s Letter of Acceptance.
(u) The Intended Completion Date is the date on which it is intended
that the Contractor shall complete the Works. The Intended
Completion Date is specified in the PCC (SCC). The Intended
Completion Date may be revised only by the Engineer In Charge
by issuing an extension of time or an acceleration order.
(v) Materials are all supplies, including consumables, used by the
Contractor for incorporation in the Works.
(w) Plant is any integral part of the Works that shall have a
mechanical, electrical, chemical, or biological function.
(x) The Engineer In Charge is the person named in the PCC (SCC)(or
any other competent person appointed by the Employer and
notified to the Contractor, to act in replacement of the Engineer In
Charge) who is responsible for supervising the execution of the
Works and administering the Contract.
(y) PCC (SCC) means Particular (Special) Conditions of Contract.
(z) The Site is the area defined as such in the PCC (SCC).
(aa) Site Investigation Reports are those that were included in the
bidding document and are factual and interpretative reports about
the surface and subsurface conditions at the Site
(bb) Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Engineer In Charge.
(cc) The Start Date is given in the PCC (SCC). It is the latest date when the Contractor shall commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.
(dd) A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site.
(ee) Temporary Works are works designed, constructed, installed, and removed by the Contractor that are needed for construction or installation of the Works.
(ff) A Variation is an instruction given by the Engineer In Charge which varies the Works.
(gg) The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the PCC (SCC).
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2. Interpretation 2.1 In interpreting these GCC, words indicating one gender include all
genders. Words indicating the singular also include the plural and
words indicating the plural also include the singular. Headings
have no significance. Words have their normal meaning under the
language of the Contract unless specifically defined. The Engineer
In Charge shall provide instructions clarifying queries about these
GCC.
2.2 If sectional completion is specified in the PCC (SCC), references
in the GCC to the Works, the Completion Date, and the Intended
Completion Date apply to any Section of the Works (other than
references to the Completion Date and Intended Completion Date
for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the
following order of priority:
(a) Agreement, (b) Letter of Acceptance, (c) Contractor‟s financial Bid, (d) Particular (Special) Conditions of Contract, (e) General Conditions of Contract, including Appendices, (f) Specifications,
(g) Drawings,
(h) Bill of Quantities, and
(i) any other document listed in the PCC (SCC) as forming part of the Contract.
3. Language and
Law
3.1 The language of the Contract and the law governing the Contract
are stated in the PCC (SCC).
3.2 Throughout the execution of the Contract, the Contractor shall comply with the import of goods and services prohibitions in the Employer‟s country when (a) as a matter of law or official regulations, the Employer‟s country
prohibits commercial relations with that country.
4. Project
Manager’s
Decisions
4.1 Except where otherwise specifically stated, the Engineer In
Charge shall decide contractual matters between the Employer
and the Contractor in the role representing the Employer.
5. Delegation 5.1 Otherwise specified in the PCC (SCC), the Engineer In Charge
may delegate any of his duties and responsibilities to other people,
except to the Adjudicator, after notifying the Contractor, and may
revoke any delegation after notifying the Contractor.
6. Communicant-
Tions
6.1 Communications between parties that are referred to in the
Conditions shall be effective only when in writing. A notice shall be
effective only when it is delivered and receipt is obtained against
the delivery of the notice.
7. Subcontracting 7.1 Sub-Contracting shall not be allowed under this contract.
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8. Other
Contractors
8.1 The Contractor shall cooperate and share the Site with other
contractors, public authorities, utilities, and the Employer between
the dates given in the Schedule of Other Contractors, as referred to
in the PCC (SCC). The Contractor shall also provide facilities and
services for them as described in the Schedule. The Employer may
modify the Schedule of Other Contractors, and shall notify the
Contractor of any such modification.
9. Personnel and
Equipment
9.1 The Contractor shall employ the key personnel and use the equipment identified in its Bid, to carry out the Works or other personnel and equipment approved by the Engineer In Charge. The Engineer In Charge shall approve any proposed replacement of key personnel and equipment only if their relevant qualifications or characteristics are substantially equal to or better than those proposed in the Bid.
9.2 If the Engineer In Charge asks the Contractor to remove a person who is a member of the Contractor‟s staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.
9.3 If the Employer, Engineer In Charge or Contractor determines, that
any employee of the Contractor be determined to have engaged
in Fraud and Corruption during the execution of the Works, then
that employee shall be removed in accordance with Clause 9.2
above.
10. Employer’s and
Contractor’sRisks 10.1 The Employer carries the risks which this Contract states are
Employer‟s risks, and the Contractor carries the risks which this
Contract states are Contractor‟s risks.
11. Employer’s Risks 11.1 From the Start Date until the Defects Liability Certificate has been
issued, the following are Employer‟s risks:
11.2 The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the execution of the Works in India, the risks of war, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or disorder (unless restricted to the Contractor‟s employees) and contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive,(b) a cause due solely to the design of the Works, other than the Contractor‟s design.
11.3 From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is an Employer‟s risk except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which was
not itself an Employer‟s risk, or
(c) the activities of the Contractor on the Site after the
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Completion Date.
12. Contractor’s Risks 12.1 From the Starting Date until the Defects Liability Certificate has
been issued, All risks of loss of or damage of physical property
and of personal injury and death which arise during and in
consequence of the performance of the Contract other than the
excepted risks referred to in clause 11.2, are the responsibility of
the Contractor.
13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the PCC (SCC) for the following events which are due to the Contractor‟s risks:
(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract; and
(d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer In Charge for the Engineer In Charge‟s approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made without
the approval of the Engineer In Charge.
13.5 Both parties shall comply with any conditions of the insurance
policies.
14. Site Data 14.1 The Contractor shall be deemed to have examined any Site Data
referred to in the PCC (SCC), supplemented by any information
available to the Contractor.
15. Contractor to
Construct the Works
15.1 The Contractor shall construct and install the Works
inaccordance with the Specifications and Drawings.
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15.2 The Contractor shall be responsible for maintaining the safety of all activities on the site, including smooth flow of traffic at his own cost as per guidelines including any amendment(s) of the IRC/MORT&H/PWD/CPWD.
15.3 In respect of all labour directly or indirectly employed in thework
for the performance of the Contractor's part of this contract, the
Contractor shall at his own expense arrange for the safety
provisions as per Safety Code framed from time to time and shall
at his own expense provide for all facilities in connection
therewith. In case the Contractor fails to make arrangement and
provide necessary facilities as aforesaid, the Employer shall be at
liberty tomake arrangement and provide facilities as aforesaid and
recover the costs incurred in that behalf from the Contractor. The
decision of the Engineer in this regard shall be final and no claim
on account of this shall be entertained.
16. The Works to Be
Completed by the Intended
Completion
Date
16.1 The Contractor may commence execution of the Works on the
Start Date and shall carry out the Works in accordance with the
Program submitted by the Contractor, as updated with the
approval of the Engineer In Charge, and complete them by the
Intended Completion Date.
17. Approval by the
Project Manager
17.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Engineer In Charge, for his approval.
17.2 The Contractor shall be responsible for design of Temporary Works.
17.3 The Engineer In Charge‟s approval shall not alter the Contractor‟s responsibility for design of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required.
17.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Engineer In Charge before this use. In case of dispute, if any, decision of the CEO, JSCL will be final and binding.
17.6 The Contractor shall arrange the third-party inspection of the design, execution and installation of prefabricated Smart Toilet from Officials of JSCL. It is deemed that the cost of the third-party
inspection is included in the rates of the work. No extra cost shall be paid by the Employer on this account.
18. Safety 18.1 The Contractor shall be responsible for the safety of all activities
on the Site including personnel and equipment. The contractors
shall follow all the applicable rules and regulations of the
Employer‟s country pertaining to the safety of the personnel and
material.
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19. Discoveries 19.1 Anything of historical or other interest or of significant value
unexpectedly discovered on the Site shall be the property of the
Employer. The Contractor shall notify the Engineer In Charge of
such discoveries and carry out the Engineer In Charge‟s
instructions for dealing with them.
20. Possession of the
Site
20.1 The Employer shall give possession of all parts of the Site to the
Contractor. If possession of a part is not given by the date stated
in the PCC (SCC), the Employer shall be deemed to have
delayed the start of the relevant activities, and this shall be an
eligible case for proportionate time extention of contarct period without
penality.
21. Access to the Site 21.1 The Contractor shall allow the Engineer In Charge and any person
authorized by the Engineer In Charge access to the Site and to
any place where work in connection with the Contract is being
carried out or is intended to be carried out.
22.Instructions,
Inspections and
Audits
22.1 The Contractor shall carry out all instructions of the Engineer In
Charge which comply with the applicable laws labour &
environmental laws enforced from time to time by competent authority
where the Site is located.
22.2 The Contractor shall keep, and shall make all reasonable efforts
to cause its personnel to keep, accurate and systematic accounts
and records in respect of the Works in such form and details as
will clearly identify relevant time changes and costs.
22.3 The Contractor shall permit and shall cause its personnel to
permit, the Employer and/or persons appointed by the Employer
to inspect the Site and/or the accounts and records relating to the
performance of the Contract and the submission of the bid, and to
have such accounts and records audited by auditors appointed by
the Employer if requested by the Employer. The Contractor‟s and
its „Personnel‟ attention is drawn to SubClause 25.1 which
provides, inter alia, that acts intended to materially impede the
exercise of the Employer‟s inspection and audit rights provided for
under Sub-Clause 22.2 constitute a prohibited practice subject to
contract termination (as well as to a determination of ineligibility
pursuant to the Employer‟s prevailing sanctions procedures).
23. Appointment of the
Adjudicator
23.1 The Adjudicator shall be appointed jointly by the Employer
andthe Contractor, at the time of the Employer‟s issuance of the
Letter of Acceptance. If, in the Letter of Acceptance, the
Employer does not agree on the appointment of the Adjudicator,
the Employer will request the Appointing Authority designated in
the PCC (SCC), to appoint the Adjudicator within 14 days of
receipt of such request.
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23.2 Should the Adjudicator resign or die, or should the Employer and
the Contractor agree that the Adjudicator is not functioning in
accordance with the provisions of the Contract, a new Adjudicator
shall be jointly appointed by the Employer and the Contractor. In
case of disagreement between the Employer and the Contractor,
within 30 days, the Adjudicator shall be designated by the
Appointing Authority designated in the PCC (SCC) at the request
of either party, within 14 days of receipt of such request.
24. Procedure for
Disputes
24.1The procedure of reference of disputes to the Dispute Resolution Board and its functioning shall be as per Appendix B.
24.2 The disputes which remain unresolved by the Dispute Resolution Board may be referred by either Party to Arbitration.
25. Fraud and
Corruption
25.1 The Employer requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in Appendix to the
GCC.
25.2 The Employer requires the Contractor to disclose any
commissions or fees that may have been paid or are to be paid to
agents or any other party with respect to the bidding process or
execution of the Contract. The information disclosed must include
at least the name and address of the agent or other party, the
amount and currency, and the purpose of the commission,
gratuity or fee.
B. Time Control
26. Program 26.1 Within the time stated in the PCC (SCC), after the date of the Letter of Acceptance, the Contractor shall submit to the Engineer In Charge for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works. In the case of a lump-sum contract, the activities in the Program shall be consistent with those in the Activity Schedule.
26.2 An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence of the activities.
26.3 The Contractor shall submit to the Engineer In Charge for approval an updated Program at intervals no longer than the period stated in the PCC (SCC). If the Contractor does not submit an updated Program within this period, the Engineer In Charge may withhold the amount stated in the PCC (SCC) from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue Program has been submitted. In the case of a lump-sum contract, the Contractor shall provide an updated Activity Schedule within 14 days of being instructed to by the Engineer In Charge.
26.4 The Engineer In Charge‟s approval of the Program shall not alter
the Contractor‟s obligations. The Contractor may revise the
Program and submit it to the Engineer In Charge again at any
time. A revised Program shall show the effect of Variations and
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Compensation Events, if needed.
27. Extension of the
IntendedCompletion Date
27.1 The Engineer In Charge shall extend the Intended Completion Date if a Compensation Event occurs or a variation only due to additional item or new items is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.
27.2 The Engineer In Charge shall decide whether and by how much to
extend the Intended Completion Date within 21 days of the
Contractor asking the Engineer In Charge for a decision upon the
effect of a Compensation Event or Variation and submitting full
supporting information. If the Contractor has failed to give early
warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in
assessing the new Intended Completion Date.
28. Acceleration 28.1 When the Employer wants the Contractor to finish before the Intended Completion Date, the Engineer In Charge shall obtain priced proposals for achieving the necessary acceleration from the Contractor. If the Employer accepts these proposals, the Intended Completion Date shall be adjusted accordingly and confirmed by both the Employer and the Contractor.
28.2 If the Contractor‟s priced proposals for an acceleration are
accepted by the Employer, they are incorporated in the Contract
Price and treated as a Variation.
29. DelaysOrdered by
theProjectManager
29.1 The Engineer In Charge may instruct the Contractor to delay the
start or progress of any activity within the Works.
30. Management
Meetings
30.1 Either the Engineer In Charge or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure.
30.2 The Engineer In Charge shall record the business of management
meetings and provide copies of the record to those attending the
meeting and to the Employer. The responsibility of the parties for
actions to be taken shall be decided by the Engineer In Charge
either at the management meeting or after the management
meeting and stated in writing to all who attended the meeting.
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31. Early Warning 31.1 The Contractor shall warn the Engineer In Charge at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price, or delay the execution of the Works. The Engineer In Charge may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible.
31.2 The Contractor shall cooperate with the Engineer In Charge in
making and considering proposals for how the effect of such an
event or circumstance can be avoided or reduced by anyone
involved in the work and in carrying out any resulting instruction of
the Engineer In Charge.
C. Quality Control
32. Identifying Defects 32.1 The Engineer In Charge shall check the Contractor‟s work and
notify the Contractor of any Defects that are found. Such checking
shall not affect the Contractor‟s responsibilities. The Engineer In
Charge may instruct the Contractor to search for a Defect and to
uncover and test any work that the Engineer In Charge considers
may have a Defect.
33. Tests 33.1 If the Engineer In Charge instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a Compensation Event.
33.2 The Contractor shall constitute quality assurance system to demonstrate compliance with the requirements of the Contract. The system shall be in accordance with the details stated in the Contract. The Engineer In Charge shall be entitled to audit any aspect of the system.
33.3 Details of all procedures and compliance documents shall be submitted to the Engineer In Charge for information before each design and execution stage is commenced. When any document of a technical nature is issued to the Engineer In Charge, evidence of the prior approval by the Contractor himself shall be apparent on the document itself.
33.4 For carrying out mandatory tests as prescribed in the
specifications, the Contractor shall establish field laboratory at the location decided by Engineer In Chargeor Conduct the tests a repute institute in consultation with the Engineer In Charge. If the field laboratory is established, the field laboratory will have minimum of equipment as required to conduct the tests. The contractor shall be solely responsible for:
i) Carrying out the mandatory tests prescribed in the
Specifications, and
ii) For the correctness of the test results, whether preformed
in his laboratory or elsewhere.
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33.5 The Engineer In Charge will be free to conduct surprise, random or
in situ checks any time during the execution and after the
completion of the work but not later than the Defect Liability
Period, so as to have cross check in quality of works/projects and
compliance to specifications and standards at all stages of the
work.
33.6 Nothing in this clause shall reduce the overall responsibility of the
Contractor regarding quality and he shall remain liable for any
defect in the execution of the Project/Works at all stages.
34. Correction of
Defects & Operation
and maintenance
34.1 The Engineer In Charge shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the PCC (SCC). The Defects Liability Period shall be extended for as long as Defects remain to be corrected.
34.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer In Charge‟s notice.
34.3 Operation and Maintenance as specified in the PCC (SCC).
35. Uncorrected Defects 35.1 If the Contractor has not corrected a Defect within the time
specified in the Engineer In Charge‟s notice, the Engineer In
Charge shall assess the cost of having the Defect corrected, and
the Contractor shall pay this amount.
D. Cost Control
36. Contract Price 36.1 The Bill of Quantities shall contain priced items for the Works to
be performed by the Contractor. The Bill of Quantities is used to
calculate the Contract Price. The Contractor will be paid for the
quantity of the work accomplished at the rate in the Bill of
Quantities for each item.
37. Changes in the Price
37.1 The Engineer shall have power to make any variations, alterations
omission, additions to or substitutions for the original
specifications, drawings, designs and instructions that may
appear to be necessary or advisable during the progress of the
work, and the Contractor shall be bound to carry out the work in
accordance with any instructions which may be given to him in
writing, signed by the Engineer. Such alterations/
additions/substitutions shall not invalidate the contract and shall
be carried out by the Contractor on the same conditions in all
respect on which he agreed to do the main work. The time of
completion of the work shall be extended in the proportion that he
altered, additional or substituted works ONLY bears to the original
contract work and the certificate of the Engineer shall be
conclusive as to such proportion.
37.2 If the final quantity of the work done differs from the quantity in the
Bill of Quantities for the particular item by more than 25%
(a) Justification for rate adjustment as furnished by the
Contractor.
(b) Economies resulting from increase in quantities by way of
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reduced plant, equipment and overhead costs.
(c) Entitlement of the Contractor to compensation events where such events are caused by any additional work.
(d) The revised rates will be applicable to the quantity that exceeds 25% limit and not on the entire quantity.
37.3 The Engineer In Charge shall not adjust rates from changes in quantities if thereby the Initial Contract Price is exceeded by more than 15 percent, except with the prior approval of the Employer.
37.4 If requested by the Engineer In Charge, the Contractor shall
provide the Engineer In Charge with a detailed cost breakdown of
any rate in the Bill of Quantities.
38. Variations 38.1 All Variations shall be included in updated Programs produced by the Contractor.
38.2 The Contractor shall provide the Engineer In Charge with a quotation for carrying out the Variation when requested to do so by the Engineer In Charge. The Engineer In Charge shall assess the quotation, which shall be given within seven (7) days of the request or within any longer period stated by the Engineer In Charge and before the Variation is ordered.
38.3 If the work in the Variation corresponds to an item description in the Bill of Quantities and if, in the opinion of the Engineer In Charge, the quantity of work above the limit stated in SubClause 37.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of work.
38.4 If the Contractor‟s quotation is unreasonable, the Engineer In
Charge may order the Variation and make a change to the
Contract Price, which shall be based on the Engineer In Charge‟s
own forecast of the effects of the Variation on the Contractor‟s
costs, and the same shall be final.
38.5 If the Engineer In Charge decides that the urgency of varying the
work would prevent a quotation being given and considered
without delaying the work, no quotation shall be given and the
Variation shall be treated as a Compensation Event.
38.6 The Contractor shall not be entitled to additional payment for costs
that could have been avoided by giving early warning.
38.7 Value Engineering: The Contractor may prepare, at its own cost, a value engineering proposal at any time during the performance of the contract. The value engineering proposal shall, at a minimum, include the following;
(a) The proposed change(s), and a description of thedifference
to the existing contract requirements;
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(b) A full cost/benefit analysis of the proposed change(s) including a description and estimate of costs (including life cycle cost) the Employer may incur in implementing the value engineering proposal; and
(c) A description of any effect(s) of the change on
performance/functionality.
The Employer may accept the value engineering proposal if the proposal demonstrates benefits that:
(a) accelerates the contract completion period; or
(b) reduces the Contract Price or the life cycle costs to theEmployer; or
(c) improves the quality, efficiency, safety or sustainability of the Facilities; or
(d) yields any other benefits to the Employer, without compromising the functionality of the Works.
If the value engineering proposal is approved by the Employer and results in:
(a) a reduction of the Contract Price; the amount to be paid tothe Contractor shall be the percentage specified in the PCC (SCC) of the reduction in the Contract Price; or
(b) an increase in the Contract Price; but results in a reduction
in life cycle costs due to any benefit described in (a) to (d)
above, the amount to be paid to the Contractor shall be the
full increase in the Contract Price.
39. Cash Flow
Forecasts
39.1 When the Program, is updated, the Contractor shall provide the
Engineer In Charge with an updated cash flow forecast. The cash
flow forecast shall include different currencies, as defined in the
Contract, converted as necessary using the Contract exchange
rates.
40. Payment Certificates 40.1 The Contractor shall submit to the Engineer In Charge monthly statements with all requisite supporting documents of the estimated value of the work executed less the cumulative amount certified previously.
40.2 The requisite supporting documents shall contain, Request For Inspection (RFIs), measurements and Quantities (jointly measure by the representative of the Contractor and the Employer) of items of work done since last bill, Copies of the quality control tests in specified format covering the work done since last bill, copies of the instructions recorded in the instruction book containing the instructions and compliance made thereof, covering the work done since last bill, applicable work done/as built drawings, details of approvals (as required) obtained. The contractor shall submit all the bills on the printed/computerised forms.
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40.3 The Engineer In Charge shall check the Contractor‟s monthly statement and certify the amount to be paid to the Contractor.
40.4 The value of work executed shall be determined by the Engineer In Charge.
40.5 The value of work executed shall comprise the value of the quantities of work in the Bill of Quantities that have been completed.
40.6 The value of work executed shall include the valuation of Variations and Compensation Events.
40.7 The Engineer In Charge may exclude any item certified in a
previous certificate or reduce the proportion of any item previously
certified in any certificate in the light of later information.
41. Payments 41.1 Payments shall be adjusted for deductions for advance payments and retention. The Employer shall pay the Contractor the amounts certified by the Engineer In Charge within 28 days of the date of each certificate.
41.2 If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.
41.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of currencies comprising the Contract Price.
41.4 Items of the Works for which no rate or price has been entered in
shall not be paid for by the Employer and shall be deemed
covered by other rates and prices in the Contract.
42.Compensation
Events
42.1 The following shall be Compensation Events:
(a) The Employer does not give access to a part of the Site by the Site Possession Date pursuant to GCC Sub-Clause 20.1.
(b) The Employer modifies the Schedule of Other Contractors in a way that affects the work of the Contractor under the Contract.
(c) The Engineer In Charge orders a delay or does not issue Drawings, Specifications, or instructions required for execution of the Works on time.
(d) The Engineer In Charge instructs the Contractor to uncover or to carry out additional tests upon work, which is then found to have no Defects.
(e) The Engineer In Charge unreasonably does not approve a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to bidders
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(including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer In Charge gives an instruction for dealing with
an unforeseen condition, caused by the Employer, or
additional work required for safety or other reasons, not
included in the Tender.
(h) Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The effects on the Contractor of any of the Employer‟s Risks.
(j) The Engineer In Charge unreasonably delays issuing a Certificate of Completion.
42.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended. The Engineer In Charge shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended. The decision of the Engineer in charge in this regard shall be final.
42.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor‟s forecast cost has been provided by the Contractor, it shall be assessed by the Engineer In Charge, and the Contract Price shall be adjusted accordingly. If the Contractor‟s forecast is deemed unreasonable, the Engineer In Charge shall adjust the Contract Price based on the Engineer In Charge‟s own forecast. The Engineer In Charge shall assume that the Contractor shall react competently and promptly to the event.
42.4 The Contractor shall not be entitled to compensation to the extent
that the Employer‟s interests are adversely affected by the
Contractor‟s not having given early warning or not having
cooperated with the Engineer In Charge.
43. Tax 43.1 The rates quoted by the Contractor shall be deemed to be inclusive of all the taxes, levies, duties (including GST) etc. including their variations asnotified bythe concerned authority from time to time, and also of all the new taxes and levies that may beimposed that he Contractor will have to pay for the performance of this Contract. The Engineer In Charge on behalf of the Employer will perform such duties in regard to the deduction of such taxes at source as per applicable law.
43.2 The Contractor shall comply with the proper bye-laws and legal
orders of the local body or public authority, authority under the
jurisdiction of which the work is executed and pay all fees and
charges for which he may be liable. Nothing extra shall be
payable on this account.
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44. Currencies 44.1 Where payments are made in currencies other than the currency
of the Employer‟s country specified in the PCC (SCC), the
exchange rates used for calculating the amounts to be paid shall
be the exchange rates stated in the Contractor‟s Bid.
45. PriceAdjustment 45.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the PCC (SCC). If so provided, the amounts certified in each payment certificate, before deducting for Advance Payment, shall be adjusted by applying the respective price adjustment factor to the payment amounts due in each currency. A separate formula of the type specified below applies to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract Price payable in a specific currency “c.”
Ac and Bc are coefficients specified in the PCC (SCC), representing the nonadjustable and adjustable portions, respectively, of the Contract Price payable in that specific currency “c;” and
Imc is the index prevailing at the end of the month being invoiced and Ioc is the index prevailing 28 days before Bid opening for inputs payable; both in the specific currency “c.”
45.2 If the value of the index is changed after it has been used in a
calculation, the calculation shall be corrected and an adjustment
made in the next payment certificate. The index value shall be
deemed to take account of all changes in cost due to fluctuations
in costs.
46. Retention 46.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the PCC (SCC) until Completion of the whole of the Works.
46.2 Upon the issue of a Certificate of Completion of the Works by the
Engineer In Charge, in accordance with GCC 51.1, half the total
amount retained shall be repaid to the Contractor and half when
the Defects Liability Period has passed and the Engineer In
Charge has certified that all Defects notified by the Engineer In
Charge to the Contractor before the end of this period have been
corrected.
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47. Liquidated Damages 47.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the PCC (SCC) for each day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages shall not exceed the amount defined in the PCC (SCC). The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor‟s liabilities.
47.2 If the Intended Completion Date is extended after liquidated
damages have been paid, the Engineer In Charge shall correct
any overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall be
paid interest on the overpayment, calculated from the date of
payment to the date of repayment, at the rates specified in GCC
Sub-Clause 41.1.
48. Bonus 48.1 The Contractor shall be paid a Bonus calculated at the rate per
calendar day stated in the PCC (SCC) for each day (less any days
for which the Contractor is paid for acceleration) that the
Completion is earlier than the Intended Completion Date. The
Engineer In Charge shall certify that the Works are complete,
although they may not be due to be complete.
49. Advance Payment 49.1 The Employer shall make advance payment to the Contractor of the amounts stated in the PCC (SCC) by the date stated in the PCC (SCC), against provision by the Contractor of an Unconditional Irrevocable Bank Guarantee in a form and by a Bank acceptable to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest shall be charged at the rate 9% per annum on the advance payment.
49.2 The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and mobilization expenses required specifically for execution of the Contract. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Engineer In Charge.
49.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis, but not later than the completion of theSeventy-five percent (75%) of the initial project time period. No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or Liquidated Damages.
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49.4 Secured Advance: The contractor, on signing an indenture in the form to be specified by the Engineer In Charge, shall be entitled to be paid, during the execution of work, upto 75% of the estimated value of any materials or the value of such material derived from the finished item quted by the Contractor, which ever is lower, which, in the opinion of the Engineer In Charge, are non-perishable, non-fragile, non-combustible and which have been procured and adequately stored against damage, but which have not been incorporated in the works at the time of making advance.
This secured advance subject to the following:
a. The materials are in accordance with the specification for works;
b. Such materials have been delivered to site, and are properly
stored and protected against damage or deterioration to the
satisfaction of the Engineer In Charge. The contractor shall store
the bulk material in measurable stacks;
c. The contractor‟s records of the requirements, orders, receipt and
use of materials are kept in a form approved by the Engineer In
Charge and such records shall be available for inspection by the
Engineer;
d. The contractor has submitted with his monthly statement the
estimated value of the materials on site together with such
documents as may be required by the Engineer In Charge for the
purpose of valuation of the materials and providing evidence of
ownership and payment thereof;
e. Ownership of such materials shall be deemed to vest in the
Employer for which the Contractor has submitted an Indemnity
Bond in an acceptable format; and
49.5 The quantities of materials are not excessive and shall be used within
a reasonable time as determined by the Engineer In Charge.
50. Securities 50.1 The Performance Security (including additional security for unbalanced
bids) shall be provided to the Employer no later than the date specified
in the Letter of Acceptance and shall beissued in an amount specified
in the PCC (SCC), by a bank acceptable to the Employer, and
denominated in the types and proportions of the currencies in which
the Contract Price is payable. The Performance Security shall be valid
until a date 60 day from the date of expiry of Defects Liability Period
and additional security for unbalanced bids shall be valid until a date
28 day from the date of issue of the certificate of completion by the
Engineer In Charge/Employer
51. Dayworks
51.1If applicable, the Dayworks rates in the Contractor‟s Bid shall be used
only when the Engineer In Charge has given written instructions in
advance for additional work to be paid for in that way.
51.2 All work to be paid for as Dayworks shall be recorded by the Contractor
on forms approved by the Engineer In Charge. Each completed form
shall be verified and signed by the Engineer In Charge within two days
of the work being done.
51.3 The Contractor shall be paid for Dayworks subject to obtaining signed
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Dayworks forms.
52. Cost of Repairs
52.Loss or damage to the Works or Materials to be incorporated in the
Works between the Start Date and the end of the DefectsCorrection
periods shall be remedied by the Contractor at the Contractor‟s cost if
the loss or damage arises from the Contractor‟s acts or omissions.
53. Cost of
Completion
53. The Contractor shall request the Engineer In Charge to issue a
Certificate of Completion of the Works, and the Engineer In Charge
shall do so upon deciding that the whole of the Works is completed.
54. Taking Over 54. The Employer shall take over the Site and the Works within seven days
of the Engineer In Charge‟s issuing a certificate of Completion.
55.Final Account 55. The Contractor shall supply the Engineer In Charge with a detailed
account of the total amount that the Contractor considers payable
under the Contract before the end of the Defects Liability Period. The
Engineer In Charge shall issue a Defects Liability Certificate and
certify any final payment that is due to the Contractor within 56 days of
receiving the Contractor‟s account if it is correct and complete. If it is
not, the Engineer In Charge shall issue within 56 days a schedule that
states the scope of the corrections or additions that are necessary. If
the Final Account is still unsatisfactory after it has been resubmitted,
the Engineer In Charge shall decide on the amount payable to the
Contractor and issue a payment certificate.
56. Operating and
Maintenance
Manuals
56.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the PCC (SCC).
56.2 If the Contractor does not supply the Drawings and/or manuals by the
dates stated in the PCC (SCC) pursuant to GCC Sub-Clause 56.1, or
they do not receive the Engineer In Charge‟s approval, the Engineer In
Charge shall withhold the amount stated in the PCC (SCC) from
payments due to the Contractor.
57. Termination 57.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.
57.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:
a) The Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Engineer In Charge;
b) the Engineer In Charge instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 28 days;
c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;
d) a payment certified by the Engineer In Charge is not paid by the Employer to the Contractor within 84 days of the date of the Engineer In Charge‟s certificate;
e) the Engineer In Charge gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of
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time determined by the Engineer In Charge;
f) the Contractor does not maintain a Security, which is required;
the Contractor has delayed the completion of theWorks by the number of days for which the maximum amount of liquidated damages can be paid, as defined in the PCC (SCC); or
g) if the Contractor, in the judgment of the Employer has
engaged in Fraud and Corruption, as defined in paragraph
2.2 a of the Appendix A to the GCC, in competing for or in
executing the Contract, then the Employer may, after giving
fourteen (14) days written notice to the Contractor, terminate
the Contract and expel him from the Site.
57.3 Notwithstanding the above, the Employer may terminate the Contract
for convenience.
57.4 If the Contract is terminated, the Contractor shall stop work
immediately, make the Site safe and secure, and leave the Site as
soon as reasonably possible.
57.5 When either party to the Contract gives notice of a breach of Contract
to the Engineer In Charge for a cause other than those listed under
GCC Sub-Clause 57.2 above, the Engineer In Charge shall decide
whether the breach is fundamental or not.
58. Payment upon
Termination
58.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer In Charge shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as specified in the PCC (SCC). Additional Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable to the Employer.
58.2 If the Contract is terminated for the Employer‟s convenience or because of a fundamental breach of Contract by the Employer, the Engineer In Charge shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor‟s personnel employed solely on the Works, and the Contractor‟s costs of protecting and securing the Works, and less
advance payments received up to the date of the certificate.
59. Property 59.1 All Materials on the Site, Plant, Equipment, Temporary Works, and
Works shall be deemed to be the property of the Employer if the
Contract is terminated because of the Contractor‟s default.
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60. Release
from
Performance
60.1 If the Contract is frustrated by the outbreak of war or by any other
event entirely outside the control of either the Employer or the
Contractor, the Engineer In Charge shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop work
as quickly as possible after receiving this certificate and shall be paid
for all work carried out before receiving it and for any work carried out
afterwards to which a commitment was made.
61. Suspension of Grant by GOI and/or State Government of
UP
61.1 In the event that the Government of India (GoI) and/or State Government of UPsuspends the grant to the Employer, from which part of the payments to the Contractor are being made:
(a) The Employer is obligated to notify the Contractor of such suspension within 7 days of having received the GoI and/or State Government of Rajasthan‟s suspension notice.
(b) If the Contractor has not received sums due to it within the 28
days for payment provided for in Sub-Clause 40.1, the
Contractor may immediately issue a 14-day termination notice.
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Appendix B
Dispute Resolution during Execution of the Contract
1.1 Dispute
Disputes are germane to any contract. A 'dispute' implies an assertion of a right or a claim by one party and repudiation thereof by the other party, either expressed or implied, and may be by words or by conduct. A mere 'difference' is not necessarily a dispute; when the parties fail to resolve it, the difference culminates in dispute.
1.2 Dispute Resolution in a Construction Contract
Since arbitrations are fairly time consuming, it is always advisable to sort out the disputes mutually through the mechanism of adjudication through Dispute Resolution Board (DRB), which is a sort of voluntary arbitration. Arbitration can be resorted to if the adjudication decision is not forthcoming or is not acceptable to any party. For dispute resolution following procedure will be followed:
2.1 Dispute Resolution Board (DRB)
(a) A formal Sub-Clause of obtaining dispute resolution through DRB will be inserted in the Conditions of the Contract. A separate Dispute Resolution Agreement will also be drawn up, detailing therein provisions like: Eligibility of Members, date of commencement, manner of entry on the reference by the Members and their resignation; obligation of the Members, the Procuring Entity and the Contractor; terms of payment (monthly retainer ship fee, daily fee for travel & site visits, out-of-pocket expenses); manner of sharing the fees and expenses and of making payments; arrangements of site visits and their frequency; conduct of hearings; termination/ phasing out the activities of DRB; default of the Member, and action to be taken in case of dispute in relation to DRB Agreement, etc.
(b) DRB should be put in place within one month of Letter of Acceptance.
(c) The DRB for all projects costing more than Rs 10 crore will comprise of three Members, one each to be appointed by the Procuring Entity and the Contractor and approved by the other. The third Member, who will also act as the presiding Member, will be selected by the first two Members and approved by the parties. If either of the first two Members is not so selected and approved, or the parties fail to reach an agreement on the third Member then on request of either or both parties, appointment will be made by concerned Administrative Department in case of Government Departments and Head of the Organisation (Chairman, etc.) concerned in other cases.
(d) The Members to be appointed shall be out of a panel maintained by the Department/ Organisation concerned and should be experienced in the type of construction actually involved and/ or finance and accounts and/ or contractual documents. They should be persons of repute and integrity.
(e) If any dispute that arises at any stage between the Procuring Entity and the Contractor in connection with, or arising out of the Contract or the execution of the Works, including any disagreement by either party with any action, inaction, opinion, instruction, determination, certificate or valuation of the Engineer, the matter in dispute shall, in the first place, should berried to be settled amicably. If the dispute still remains unsettled, it shall be referred to the DRB.
(f) Both parties shall promptly make available all information, access to the Site, and appropriate facilities, as the DRB may require for the purposes of making a recommendation on such dispute.
(g) Within 56 days after receiving such reference, or within such other period as may be proposed by the DRB and approved by both parties, the DRB shall give its recommendation with reasons. The recommendation shall be binding on both parties, who shall promptly give effect
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to it unless and until it shall be revised in an amicable settlement or an arbitral award as described below. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shall continue to proceed with the Works in accordance with the Contract.
(h) If either party is dissatisfied with the recommendation, then either party may, within 28 days after receiving the recommendation, or if the DRB fails to give its recommendation within 56 days (or as otherwise approved), within 28 days after the said period of 56 days has expired, give notice to the other party, with a copy to the Engineer-in-Charge, of its intention to commence arbitration proceedings.
(i) If the DRB has given its decision within the stipulated period, and no notice of intention to commence arbitration as to such dispute has been given by either party within 28 days of the said decision, then the decision of DRB shall become final and binding.
3.0 Arbitration
(a) Any dispute in respect of which the recommendations (if any) of DRB has not become final and binding, shall be finally settled by arbitration in accordance with the Indian' Arbitration and Conciliation Act, 1996, or any statutory amendment thereof
(b) The Arbitral Tribunal will comprise three Members, one each to be appointed by the Procuring Entity and the Contractor. The third Member, who will also act as the presiding Member, will be appointed by mutual consent of the first two Members. If the parties fail to reach an agreement on the third Member then on request of either or both parties, appointment will be made by concerned Administrative Department in case of Government Departments and Head of the Organisation (Chairman, etc.) concerned in other cases.
(c) The Tribunal shall have full power to open up, review and revise any certificate, determination, instruction, opinion or valuation of the Engineer-in-Charge, and any decision of the DRB, relevant to the dispute
(d) Neither party shall be limited in the proceedings before the Tribunal to the evidence or arguments previously put before the DRB to obtain its decision, or to the reasons for dissatisfaction given in its notice of dissatisfaction.
(e) Arbitration may be commenced prior to or after completion of the Works. The obligations of the Parties, the Engineer-in-Charge and the DRB shall not be altered by reason of any arbitration being conducted during the progress of the Works.
4.0 Language
All proceedings before DRB/ arbitral tribunal shall be in the Language of the Contract/English.
5.0 Terms and conditions for engagement of DRB Member and Chairman
The terms and conditions including the remuneration and other facilities to be given to the Members of DRB and Arbitrators in case of civil engineering construction contracts/ consultancies shall be as notified by the State Government from time to time. Each Party to the Contract (the Contractor/Consultant) shall be responsible for paying one-half of the remuneration. Since the fee structure has to be agreed by both the parties i.e. Procuring Entity and Contractor/ Consultant, the fee structure may also be got accepted by the respective Contractor/ Consultants. In the contracts the fee structure maybe included as part of the bidding documents/ contract documents and the acceptance of the fee structure by the Contractors/ Consultants may be kept as a pre-condition for signing the Contract.
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Section - VIII
Particular (Special) Conditions of Contract
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Section VIII- Particular (Special) Conditions of Contract
A. General
GCC 1.1 (c) The financing institution is: Government of India and State Government of UP
GCC 1.1 (q) The Employer is Chief Executive Officer,Jhansi Smart City Limited.
GCC 1.1 (u) The In-tended Physical Completion Periof for the whole of the Works and
subsequent comprehensive Operation & Maintenance shall be as specified in NIT/
ITB/ BDS from the date of signing the agreement.
GCC 1.1 (x) The Engineer In Chargeis nominated by JSCL
GCC 1.1 (z) The Site is located at Jhansi
GCC 1.1 (cc) The Start Date shall be the date of signing of the contract agreement.
GCC 1.1 (gg) ―Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year
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Jhansi (UP).
GCC 2.2 Sectional Completions are: Not Applicable
GCC 2.3(i) The following documents also form part of the Contract:
Construction Schedule.
GCC 3.1 The language of the contract is English.
The law that applies to the Contract is the law of India.
GCC 4.1
(a) Joint Venture/ Consortium is not allowed. Sub-contracting is also not
allowed.
GCC 5.1 The Engineer In Charge may delegate any of his duties and responsibilities.
GCC 7.1 GCC clause 7.1 shall be replaced by following provision:
Sub-contracting to single or more than one entity for valueing up-to 25% of
Contract Value may be allowed with prior written approval from Engineer-in-
Charge.
In addition to the above, Contractor may associate reputed and experienced
Agency in the respective field for Specialised components of the Job with prior
written approval from Engineer - in – Charge. The components for which
association of Specialised agency is allowed shall be as under:
(1) Not allowed for this Job.
GCC 8.1 Schedule of other contractors: None (at present).
If obtained during the implementation period, the same shall be provided to the
Contractor.
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GCC 9.1 Key Personnel
GCC 9.1 is replaced with the following:
Key Personnel are the Contractor‟s personnel named in this GCC 9.1 of the
Particular (Special) Conditions of Contract. The Contractor shall employ the Key
Personnel and use the equipment identified in its Bid, to carry out the Works or
other personnel and equipment approved by the Engineer In Charge. The Engineer
In Charge shall approve any proposed replacement of Key Personnel and
equipment only if their relevant qualifications or characteristics aresubstantially
equal to or better than those proposed in the Bid.
[insert the name/s of each Key Personnel agreed by the Employer prior to
Contract signature.]
1. -------
2. -------
3. -------
CC 9.2 Code of Conduct (ESHS)
The following is inserted at the end of GCC 9.2:
“The reasons to remove a person include behaviour which breaches the Code
of Conduct (EHS) ( e.g. spreading communicable diseases, sexual
harassment, gender based violence, illicit activity or crime).”
GCC 13.1 The minimum insurance amounts and deductibles shall be:
(a) for loss or damage to the Works, Plant and Materials: Equal to the Contract Amount and 0.4% of the Contract Amount respectively
(b) For loss or damage to Equipment: Equal to the 10% of Contract Amount and 0.4% of the Contract Amount respectively.
(c) for loss or damage to property (except the Works, Plant, Materials, andEquipment) in connection with Contract Equal to the 5% of ContractAmount and 0.4% of the Contract Amount respectively (d) for personal injury or death: (i) of the Contractor‟s employees: INR 25 Lakh
(ii) of other people: In accordance with the statutory requirements
applicable to India.
GCC 14.1 Site Data are: Jhansi
GCC 16.1
(add new
16.2)
ESHS Management Strategies and Implementation Plans The following is inserted as a new sub-clause 16.2: 16.2The Contractor shall not commence any Works, including mobilization
and/or pre-construction activities (e.g. limited clearance for haul roads, site accesses and work site establishment, geotechnical investigations or investigations to select ancillary features such as quarries and borrow pits), unless the Engineer In Charge is satisfied that appropriate measures are in place to address environmental, social, health and safety risks and impacts. At a minimum, the Contractor shall apply the Management Strategies and Implementation Plans and
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Code ofConduct, submitted as part of the Bid and agreed as part of theContract. The Contractor shall submit, on a continuing basis, for
TheEngineer In Charge‟s prior approval, such supplementary
Management Strategies and Implementation Plans as are necessary
to manage the EHS risks and impacts of ongoing works. These
Management Strategies and Implementation Plans collectively
comprise the Contractor‟s Environmental and Management Plan (C-
EMP). The C-EMP shall be approved prior to the commencement of
construction activities (e.g. excavation, earth works, bridge and
structure works, stream and road diversions, quarrying or extraction
of materials, concrete batching and asphalt manufacture). The
approved C-EMP shall be reviewed, periodically (but not less than
every three (3) months), and updated in a timely manner, as required,
by the Contractor to ensure that it contains measures appropriate to
the Works activities to be undertaken. The updated C-EMP shall be
subject to prior approval by the Engineer In Charge.”
GCC 20.1 GCC Clause 20.1 is replaced by following provision.
HANDING OVER & CLEARING OF SITE
The Contractor should note that area for construction may be made available in phases as per availability and in conjunction with pace of actual progress of work at site. The work may be required to be carried out in constrained situations. The contractor is required to arrange the resources to complete the entire project within total stipulated time.
The efforts will be made by the JSCL to handover the site to the Contractor free of encumbrances. However, in case of any delay in handing over of the site to the Contractor, the JSCL shall only consider suitable extension of time for the execution of the work. It should be clearly understood that the JSCL shall not consider any revision in contract price or any other compensation whatsoever viz. towards idleness of Contractor‘s labour, equipment etc. Old structures on the proposed site, if required, shall be demolished by the contractor properly at his own cost unless and otherwise mentioned elsewhere in the tender document. The useful material obtained from demolition of structures & services shall be the property of the owner/ JSCL and these materials shall be stacked in workmanship like at the place specified by the Engineer-in-charge. The contractor shall be responsible to obtain necessary approval (if any required) from the respective authorities. Owner/ JSCL shall only assist the contractor for liasioning in obtaining the approval from the concerned authorities. Any services affected by the works must be temporarily supported by the contractor who must also take all measures reasonably required by the various bodies to protect their services and property during the progress of works. It shall be deemed to be the part of the contract and no extra payment shall be made to the contractor for the same.
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GCC 20 GCC Clause 20.2 is added as under:
APPROVAL OF TEMPORARY / ENABLING WORKS The setting and nature of all offices, huts, access road to the work areas and all other temporary works as may be required for the proper execution of the works shall be subject to the approval of the Engineer- in-charge. All the equipments, labour, material including cement, reinforcement and the structural steel required for the enabling/ temporary works associated with the entire Contract-shall have to be arranged by the Contractor only. Nothing extra shall be paid to the Contractor on this account.
GCC 23.1 &
GCC 23.2
Deleted.
B. Time Control
GCC 26.1 The Contractor shall submit for approval a Program for the Works within 15 days
from the date of the Letter of Acceptance.
GCC 26.2 EHSReporting
Inserted at the end of GCC 26.2:
“In addition to the progress report, the Contractor shall also provide a report on the Environmental, Health and Safety (EHS) metrics. In addition to Appendix A reports, the Contractor shall also provide immediate notification to the Engineer In Charge of incidents in the following categories. Full details of such incidents shall be provided to the Engineer In Charge within the timeframe agreed with the Engineer In Charge.
(a) confirmed or likely violation of any law or international agreement;
(b) any fatality or serious (lost time) injury;
(c) significant adverse effects or damage to private property (e.g.
vehicle accident, damage from fly rock, working beyond the boundary)
(d) major pollution of drinking water aquifer or damage or destruction of rare
or endangered habitat (including protected areas) or species;
or
(e) any allegation of sexual harassment or sexual misbehaviour, child abuse,
defilement, or other violations involving children.
GCC 26.3 The period between Program updates is 30 days.
The amount to be withheld for late submission of an updated Program is
Indian Rupees *
C. Quality Control
GCC 33. Add Clause 33.7
The Contractor shall arrange inspection to be carried out at the Factory of solar panel and other equipments etc. for Employer/ Employers representative at
this own cost.
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Also, if required, the Contractor shall also carry out required tests for all the materials to be used in the Contract/ Works upon request of Employer/ Employers representative at Contractors cost.
The Contractor shall contact the JSCL Officials through Employer for inspection
and erection of the Solar Power Plant.
GCC 34.1
The Defects Liability Period is: 1 year from the date of completion of work in all respect and issuance of the Completion Certificate.
D. Cost Control
GCC 38.2 At the end of 38.2 add after the first sentence:
“The Contractor shall also provide information of any EHS risks and impacts of
the Variation.”
GCC 38.7 If the value engineering proposal is approved by the Employer the amount to be
paid to the Contractor shall be 50% of the reduction in the Contract Price. The
amount shall be paid after the completion of the project taking the final contract
amount in consideration.
GCC 38.7 In the first paragraph insert new sub-paragraph (d):
“(d) a description of the proposed work to be performed, a programme for its
execution and sufficient EHS information to enable an evaluation of EHS risks
and impacts;”
GCC 38.8 GCC Clause 38.8 is added as under:
―The quantities provided in the Bill of Quantities (BoQ) are tentative and
can vary upto any extent. Contractor has to calculate BoQ quantities as
per approved design/ drawing before start of execution/ construction work
at site(s) for approval of Engineer – in - charge. The completion cost of
the job has to be controlled and to control the cost, the design/ drawing/
BoQ may have to be revised/ changed by the contractor at his own cost
(without any extra Financial Implication to the Job). Actual work at site to
start after approval of Detail BoQ by Engineer – in - charge.‖
GCC 40 Add new GCC 40.8:
“40.8 if the Contractor was, or is, failing to perform any EHS obligations or work under the Contract, the value of this work or obligation, as determined by the Engineer In Charge, may be withheld until the work or obligation has been performed, and/or the cost of rectification or replacement, as determined by the Engineer In Charge, may be withheld until rectification or replacement has been completed. Failure to perform includes, but is not limited to the following:
(i) failure to comply with any EHS obligations or work described in the Works‟ Requirements which may include: working outside site boundaries, excessive dust, failure to keep public roads in a safe usable condition, damage to offsite vegetation, pollution of water courses from oils or sedimentation, contamination of land e.g. from
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oils, human waste, damage to archaeology or cultural heritage features, air pollution as a result of unauthorized and/or inefficient combustion;
(ii) failure to regularly review C-EMP and/or update it in a timely manner to address emerging ESHS issues, or anticipated risks or impacts;
(iii) failure to implement the C-EMP;
(iv) failing to have appropriate consents/permits prior to undertaking Works or related activities;
(v) failure to submit EHS report/s (as described in Appendix C), or failure to submit such reports in a timely manner;
(vi) failure to implement remediation as instructed by the Engineer In Charge within the specified timeframe (e.g. remediation addressing non-compliance(s).”
Add new GCC 40.9
“40.9 Minimum Gross Bill amount for making Contractor eligible for submission of
Payment Certificates shall be Rs. 31 Lacs which shall be effective from 3rd
Payment Certificates till virtual completion of the Project (i.e. there shall not be
any Minimum Bill amount for Payment Certificates during Operation &
Maintenance Period, if any).
Penalty for delay in attending the problem during defect liability period /Operation and
maniatenance period is given below
a. within three days – no penalty
b. between 3 to 7 days – Rs 3000/day
c. between 7 to 10 days – Rs 5000/day
d. beyond 10 days – Rs 7000/day
The Contractor shall submit the quarterly bill supported with requisite documents to the
Engineer In Charge mentioning the details of the operation and maintenance
done during the quarter.
40.10 Statutory deductution from Payment Certificates of Contractors towards
Income Tax / GST / Labour Cess etc. shall be as per norms of concerned
Autority.
GCC 41 Payment Schedule:
The payment shall be made on pro rata basis for “Hybrid Type Rooftop Solar
Power Plant” as per following schedule. Sl.
No.
Description of Work / Milestone Percentage
(%) of
Payment
A Supply, Installation and Commissioning works
i. Milestone 1 - Installation of Solar PV panels/cells etc. 35 %
ii Milestone 2 - Installation of Battery and Hybrid Inverter etc.
20 %
iii Milestone 3 - Installation of PCU/RMS/Zero Export Device/cabling etc.
15 %
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iv Milestone 4 – After testing/commissioning and completion by all means & issue of completion certificate
30 %
B Comprehensive Operation & Maintenance
i.
The payment for operation and maintenance shall be made quarterly on pro-rata basis of the amount for the
year of O&M as per estimate and submission of the annual O&M report
Note:
The minimum supporting documents required with the payment certificate (Intermediate/Final) are as follows as applicable as per activity schedule: (i) Test certificates of the material (provided by the manufacturer and/or
Third-Party Inspection at manufacturer‟s work and/or test made at site/lab)
(ii) Request for Inspections Forms (RFIs).
(iii) Joint Measurement Sheet(s)
(iv) Satisfactory Inspection and test certificate from the JSCL Officials
(v) Copy of receipt of Statutory Payment done up-to / for the previous
Payment Certificate(s).
GCC 41.2 GCC 41.2 stands deleted. Interest shall not be paid for delayed payments, for
whatsoever reason.
GCC 41 Add Clause 41.5: The supervision charges (fee) shall not be paid to the JSCL
Officials by the Contractor. However, actual travel, boarding & lodging charges
will be borne by the Contractor. The Employer shall reimburse to the Contractor
the actual travel, boarding & lodging charges incurred during the supervision of
the work as per actual on submission of the proof of the requisite documents.
GCC 44.1 The currency of the Employer‟s country is: Indian Rupees.
GCC 45.1 Price Adjustment is not payable for this contract. Hence the clause stands
Deleted.
GCC 46.1 The proportion of payments retained is: 5% (five Percent).
GCC 47.1 a) The liquidated damages for the whole of the Works are 0.10 % (zero-point one percent) per day. The maximum amount of liquidated damages for the whole of the Works is 10% (ten percent) of the final Contract Price.
b) The Contractor shall ensure due diligence to achieve progress of work not less than that indicated in the following milestones:
a) Lapse of 25% of the Contractual time- 10%
b) Lapse of 50% of the Contractual time- 30%
c) Lapse of 75% of the Contractual time- 65%
d) Lapse of 100% of the Contractual time-100%
GCC 47 Add New GCC 47.3
“clause 47.3- In case of continued default or shortfall in progress, the Engineer In
Charge may go on further enhancing the levy of liquidated damages, each time
limited to 1% of the amount of contract per week of further default subject to
maximum limit of five (5) percent of the Contract value.
GCC 48.1 Not Applicable
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GCC 49.1 a) The Advance Payments shall be: Ten percent (10%) of Contract Value.
b) Amount of Bank Guarantee shall be equal to 110% of Mobilisation Advance
Amount.
c) Mobilisation Advance shall be paid in TWO equal installments. First installment
shall be paid on submission and duly verification of Performance Guarantee
and Mobilisation Advance Guarantee. Second installment of the Mobilisation
Advance shall be paid on full mobilisation at site and starting of execution/
construction.
d) Mobilisation Advance Guarantee can be submitted in TWO equal Parts.
GCC 49.4
and GCC
49.5
Secured Advance is not payable. Hence, GCC Clauses 49.4 and 49.5 stands
deleted.
GCC 50.1 The Performance Security amount is 5% of the Contract Amount. The
Performance Security shall be in the form of Bank Guarantee Valid till 60 days
beyond Defect Liability Period and/ or Operation & Maintenance Period (which
ever is later).
The performance security shall be returned back after the issuing of the Final
completion certificate (i.e., completion of Defect Liability Period and Operation &
Maintenance Period) after applicable deductions due to the failure by the
Contractor in providing Services during Defect Liability Period and Operation &
Maintenance Period.
GCC 50.1 Additional Performance Security for shall be provided in the manner same as
Performance Guarantee, if Bid is lower by more than 10% (ten percent) of
estimated cost put to Tender.
GCC 51 Not Applicable
E. Finishing the Contract
GCC 56.1 The date by which operating and maintenance manuals are required is 30 days before the completion of the Contract period.
The date by which “as built” drawings are required is 15 days after the completion
of the Contract period or with the Final Bill whichever is earlier.
GCC 56.2 The amount to be withheld for failing to produce “as built” drawings and/or
operating and maintenance manuals by the date required in GCC 56.1 is 1.0%
(One Percent) of contract Value.
GCC 57.2 (g) The maximum number of days is 100 days.
GCC 58.1 The percentage to apply to the value of the work not completed, representing the
Employer‟s additional cost for completing the Works, is 20% (twenty percent).
GCC 62 GCC Clause 62 is added as under:
a) Labour Laws: All rules & ragualations, PF Rules and Minimum Wages Act
shall be applicable for this Contract. Minimum Wages as per Govt. Of India shall
be applicable.
b) EHS : All statutory norms/ propovisions of Environmental, Health & Safety
(EHS) shall be applicable for this Contract.
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Signature of Bidder Page 134 of 194 JSCL, Jhansi (UP)
Section - IX
Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by
the successful Bidder after contract award.
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Signature of Bidder Page 135 of 194 JSCL, Jhansi (UP)
Table of Contents
1. Letter of Acceptance
2. Contract Agreement.
3. Performance Security.
4. Performance Security Declaration.
5. Contract Agreement Works.
6. Annexure A (Compliance with the Code of integrity and No Conflict of interest)
7. Annexure B (Declaration by the Bidder regarding Qualifications)
8. Annexure C (Grievance Redressal during Procurement Process)
9. Annexure D (Additional Conditions of contract)
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Signature of Bidder Page 136 of 194 JSCL, Jhansi (UP)
1. Letter of Acceptance
Letter of Acceptance
[on letterhead paper of the Procuring Entity]
No. . . . . . .. Dated . . . . . .. To: . . . . . . . . .. [name and address of the Contractor] . . . . . . . . .. Subject: . . . . . . . . .. [Notification of Award for the Works] . . . . . . . . .. This is to notify you that your Bid dated . . .. [date] . . ..for execution of the . . . . . . . . .. [name of the
contract and identification number, as given in theContract Data] . . . . . . . . .. for the Accepted
Contract Amount of the equivalentof . . . . . .. [ amount in numbers and words and name of
currency] . . . . . . . . . , as corrected and modified in negotiations and in accordance with
theInstructions to Bidders has been accepted by [designation of the ProcuringEntity]……………….
The date of commencement and completion of theWorks shall be:
…………………………………………………………………………………………
You are requested to furnish the Performance Security/ Performance SecurityDeclaration within
………… Days in the form given in the Contract Forms for the same for an amount equivalent to
Rupees …………… within ……… days of notification of the award valid up to 60 days after the
date of expiry of Defects Liability Period and maintenance period, if applicable, and sign the
Contract, failing which action as stated in and Instructions to Bidders shall be taken.
Authorized Signature: ......................................................................................
Name and Title of Signatory: Chief Executive Officer, JSCL, Jhansi.
Designation: .......................................................................................................
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Signature of Bidder Page 137 of 194 JSCL, Jhansi (UP)
2. Contract Agreement.
Contract Agreement
THIS AGREEMENT made the . . . . . . day of . . . . . . . . . . . . . . .. , . . . . . .. , between the
[JhansiSmart City Limited] . . .. .. . . . . (hereinafter “the Procuring Entity”) which expression shall, where the context so admits, be deemed to include
his successors in office and assigns, of the one part, and . . .. [name of the Contractor] . . .. ( hereinafter “the Contractor”),which expression shall,where the
context so admits, be deemed to include his heirs, successors, executors and administrators, of
the other part:
WHEREAS the Procuring Entity desires that the Works known as . . .. [ name of theContract] . . ..
should be executed by the Contractor, and has accepted a Bid by theContractor for the execution
and completion of these Works and the remedying of any defects therein, and for which the
Contractor has submitted Performance Security forRupees -------------------------- in the form of -------
---------------------------(For Jhansi SmartCity Limited)
The Procuring Entity and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
a) the Letter of Acceptance; b) the Bid of the Contractor as accepted along with the correspondence done on it, if any;
c) the Special Conditions of Contract/ Contract Data; d) the General Conditions of Contract; e) the Specifications; f) the Drawings; and g) the Instructions to Bidders and Notice Inviting Bids.
3. In consideration of the payments to be made by the Procuring Entity to the Contractor as
indicated in this Agreement, the Contractor hereby covenants with the Procuring Entity to
execute the Works and to remedy defects therein and maintain the Works for a period of 5
years in conformity in all respects with the provisions of the Contract.
4. The Procuring Entity hereby covenants to pay the Contractor in consideration of the
execution and completion of the Works and the remedying of defects therein
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Signature of Bidder Page 138 of 194 JSCL, Jhansi (UP)
And maintain the Works for a period of five years, the Contract Price or such other sum as
may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of India and UPon the day, month and year indicated above.
Signed by ................................................. Signed by……………………
for and on behalf of JSCL for and on behalf the Contractor
(Chief Executive Officer)
in the presence of in the presence of
Witness, Name, Signature, Address, Date Witness, Name, Signature,
Address, Date
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Signature of Bidder Page 139 of 194 JSCL, Jhansi (UP)
3. Performance Security
Performance Security
.................. [Bank‟s Name, and Address of Issuing Branch or Office] .........
Beneficiary: [Name and Address of Procuring Entity (Chief Executive Officer,
Jhansi Smart City Limited, Jhansi)
Date: ...............................
Performance Guarantee No.: ............................................................................ We have been
informed that . . ..[name of the Contractor]. . .. (hereinafter called "the Contractor") has entered
into Contract No. . . .. [ reference numberof the Contract] . . .. dated. . . . . .. with you, for the
execution of . . . . . [name of contract and brief description of Works] . . .. (hereinafter called"the
Contract").
Furthermore, we understand that, according to the conditions of the Contract, a performance
security is required.
At the request of the Contractor, we . . ..[name of the Bank] . . ..hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of Rupees* . . .. [ amount in
figures]. . . . . . (Rupees………………. . . . [ amount in words] . . ..) such sum being payable
upon receipt by us of your first demand in writing accompanied by a written statement
stating that the Contractor is in breach of its obligation(s) under the Contract, without your
needing to prove or to show grounds for your demand or the sum specified therein.
The Guarantor agrees to extend this guarantee for a specified period in response to the
Procuring Entity‟s written request which shall be final and binding on the both for such
extension for that specified period, provided that such request is presented to the Guarantor
before the expiry of the guarantee.
This guarantee shall expire, no later than the . . .. Day of . . .., . . . . . . **, and any demand for
payment under it must be received by us at this office on or before that date.
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Seal of Bank and Authorised Signature(s)
* The Guarantor shall insert an amount representing the percentage of the Contract Price specified
in the Contract
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Signature of Bidder Page 140 of 194 JSCL, Jhansi (UP)
** Insert the date sixty days after the expected completion date, including defect liability period and
maintenance period, if any.
Notes: 1. All italicized text is for guidance on how to prepare this advance payment guarantee and
shall be deleted from the final document.
2. The Procuring Entity should note that in the event of an extension of the time for completion of the Contract, the Procuring Entity would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. The bank shall extend the bank gurantee on requested by the Procuring Entity.
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Signature of Bidder Page 141 of 194 JSCL, Jhansi (UP)
4. Performance Security Declaration
Form of Performance Security Declaration
Date: ____________ [insert date (as day, month and year)]
Contract Name and No.: __________[insert name and number of Contract]
To: _____________________________ [insert Designation and completeaddress of Procuring Entity]
We, the undersigned, declare that:
We understand that, according to your conditions, the Contract must be supported by a
Performance Security Declaration as a guarantee to ensure fulfilment of our all performance
obligations under the Contract for _______________ [insert nameof subject matter of
procurement].
We accept that we will automatically be suspended from being eligible for bidding in any contract
with you for the period of time of 24 months[Procuring Entityto indicate here the period of time for
which the Procuring Entity will declare Bidder in eligible to be awarded a Contract if the
performance Security Declaration is to be executed]starting on the date that we receive a
notificationfrom you, the CEO,JSCL [Designation of the Procuring Entity] that our Performance
Security Declaration is executed, if we are in breach of any of our performance obligation under
the conditions of the Contract,
We understand this Performance Security Declaration shall expire after 60 days of completion of
our all obligations under the Contract including Defect Liability, warranty/ Guarantee, operation,
maintenance, etc. in accordance with the conditions of the Contract.
Signed: ___________________
[insert signature of person whose name and capacity are shown]
In the capacity of: _____________________________
[insert legal capacity of person signing the Performance Security Declaration]
Name: _________________________________
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Signature of Bidder Page 142 of 194 JSCL, Jhansi (UP)
[insert complete name of person signing the Declaration]
Duly authorized to sign the Contract for and on behalf of: ______________
[insert complete name and address of the Bidder]
Dated on day of [insert date of signing]
Corporate Seal ____________________________________________
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Signature of Bidder Page 143 of 194 JSCL, Jhansi (UP)
5. Contract Agreement Works
THIS AGREEMENT made this…………day of ..........2017, Between the Chief Executive Officer,
JhansiSmart City Limited, *
(hereinafter “the Employer”), of the one part and M/S ………………………………….
(hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as Work commissioning of [ name of
contract and brief description of Works.] should be executed by the Contractor, and has accepted
a Bid by the Contractor for the execution and completion of these Works and the remedying of any
defects therein for five years and thereafter Maintenance of assets created under this contract for 5
years in conformity with the provisions of the contract in all respect.
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
a) Notice to Proceed b) the Letter of Acceptance; c) the Bid d) the Addenda and Corrigendum e) the Special Conditions f) the General Conditions g) the Specifications; h) the Drawings; i) Instructions to Bidders and Notice Inviting Bids j) the Priced Bill of Quantities and k) The Schedule of Supplementary information,
3. In consideration of the payments to be made by the Employer to the Contractor as indicated
in this Agreement, the Contractor hereby covenants with theEmployer to execute theWorks
and to remedy defects therein in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of India on the day, month and year indicated above.
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Signature of Bidder Page 144 of 194 JSCL, Jhansi (UP)
Signed by Signed by
Chief Executive Officer Jhansi Smart City Limited
for and on behalf of the Employer for and on behalf the Contractor
Witness, Name, Signature, Address Witness, Name, Signature, Address
Signed by Signed by
Annexure A: Compliance with the Code of integrity and No Conflict of interest
Any person participating in a procurement process shall –
a. Not offer any bribe reward ort gift or any material benefit either directly or indirectly in
exchange for an unfair advantage in procurement process or otherwise influence the
procurement process;
b. Not misrepresent or omit that misleads or attempts to mislead so as to obtain a financial or
other benefit or avoid an obligation;
c. Not indulge in any collusion, Bid rigging or anti-competitive behaviour to impair the
transparency, famines and progress of the procurement process;
d. Not misuse any information shared between the procuring tatty and the Bidders with an
intent to gain unfair advantage in the procurement process;
e. Not indulge in any coercion including impairing or harming or threatening to do the same,
directly or indirectly, to any party or to its property to influence the procurement process;
f. Not obstruct any investigation or audit of a procurement process;
g. Disclose conflict of interest, if any; and
h. Disclose any previous transgressions with any entity in India or any other country during the
last three years or any debarment by any other procuring entity at state, National and
International Level.
Conflict of interest:
The Bidder participating in a bidding process must not have a conflict of interest.
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Signature of Bidder Page 145 of 194 JSCL, Jhansi (UP)
A Conflict of interest of considered to be a situation in which a party has Interests that could
improperly influence that party‟s performance of official duties or responsibilities, contractual
obligations, or compliance with palpable laws and regulations.
i A Bidder may be considered to be in conflict of interest with one or more parties in a bidding
process if , including but not limited to :
a. Have controlling partners/shareholders in common; or
b. Receive or have received any direct or indirect subsidy from any of them; or
c. Have the same legal representative for purposes of the Bid; or
d. Have a relationship with each other, directly or through common third parties, that puts
them in a position to have access to information about or influence on the Bid of another
Bidder, or influence the decisions of the procuring Entity regarding the bidding process; or
e. The Bidder participates in more than one Bid in a bidding process. Participation by a Bidder
in more than one Bid will result in the disqualification of all Bids in which the the Bidder is
involved. However, this does not limit the inclusion of the same subcontractor, not
otherwise participating as a Bidder in more than one Bid; or
f. The Bidder or any of its affiliates participated as a consultant in the preparation of the
design or technical specifications of the Goods, works or services that are the subject of
the Bid; or
g. The Bidder or any of its affiliates has been hired (or is proposed to be hired) by the
procuring Entity as engineer-in-charge/consultant for the contract.
Signature of Tenderer with seal
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Signature of Bidder Page 146 of 194 JSCL, Jhansi (UP)
Annexure B: Declaration by the Bidder regarding Qualifications
Declaration by the Bidder
In relation to my/our Bid submitted to --------------------------- for procurement of ---------------------------- in response to their Notice inviting Bids No. ----------------------- Dated ------------------
-------------------------I/we hereby declare under section *:
1. I/we possess the necessary professional, technical, financial and managerial resources and
competence required by the Bidding Document issued by the procuring Entity;
2. I/we have fulfilled my/our obligation to pay such of the taxes payable to the Union and the
state Government or any local authority as specified in the Bidding Document;
3. I/we are not insolvent, in receiver shop, bankrupt or being wound up, not have my/our
affairs administered by a court or a judicial officer, not have my/our business activities suspended
and not the subject of legal proceedings for any of the foregoing reasons;
4. I/we do not have, and our directors and officers not have, been convicted of any criminal
offence related to my/our professional conduct or the making of false statements or
misrepresentations as to my/our qualifications to enter into a procurement contract within a period
of three years preceding the commencement of this procurement process, or not have been
otherwise disqualified pursuant to debarment proceedings;
5. I/we do not have a conflict of interest as specified in the Act, Rules and the Bidding
Document, which materially affects fair competition:
Date: signature of bidder
Place: Name
Designation:
Address:
Signature of Tenderer With seal
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Signature of Bidder Page 147 of 194 JSCL, Jhansi (UP)
Annexure C: Grievance Redressal during Procurement Process
The designation and address of First Appellate Authority is ----------------------------------
The designation and address of second Appellate Authority is ----------------------------------
Filing an appeal
If any Bidder or prospective bidder is aggrieved that any decision, action or omission
of the procuring Entity is in contravention to the provisions of the Act or the Rules or the Guidelines issued there under, he may file an appeal to First Appellate Authority, as specified in the Bidding Document within a period of ten days from the date of such decision or action, omission, as the case may be. Clearly giving the specific ground or grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful the appeal may be filed only by a Bidder who has participated in procurement proceedings:
Provided further that in case a procuring Entity Evaluates the Technical Bids before the opening of the Financial Bids may be filed only by a Bidder whose Technical Bid is found to be acceptable.
The officer whom an appeal is filed under para (1) shall deal with the appeal as expeditiously as possible and shall endeavour to dispose it of within thirty days from the date of the appeal.
If the officer designated under para (1)fails to dispose of the appeal filed within the period specified in para (2) or if the Bidder or prospective bidder or the procuring Entity is aggrieved by the order passed by the First Appellate Authority, the Bidder or prospective bidder or the procuring Entity, as the case may be may file a second appeal to second Appellate authority specified in the Bidding Document in this behalf within fifteen days from the expiry of the period specified in para (3) or of the date of receipt of the order passed by the First Appellate Authority as the case may be.
Appeal not to lie in certain cases
No appeal shall lie against any decision of the procuring Entity relating to the following matters, namely: -
Determination of need of procurement;
Provisions limiting participation of Bidders in the Bid process;
The decision of whether or not to enter into negotiations;
Cancellation of a procurement process;
Applicability of the provisions of confidentiality.
Form of Appeal
An appeal under para (1) or (3) above shall be in the annexed Form along with as many copies as there are respondents in the appeal.
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Signature of Bidder Page 148 of 194 JSCL, Jhansi (UP)
Every appeal shall be accompanied by an order appealed against, if any, affidavit verifying the facts stated in the appeal and proof of payment of fee.
Signature of Tenderer with seal
Every appeal may be presented to first Appellate Authority or second Appellate Authority, as the case may be, in person or through registered post or
Authorised representative.
Fee for filing appeal
Fee for first appeal shall be rupees two thousand five hundred and for second appeal shall be rupees ten thousand, which shall be non –refundable.
The fee shall be paid in the form of bank demand draft or banker‟s cheque of a scheduled Bank in India payable in the name of appellate Authority concerned.
Procedure for disposal of appeal
The First Appellate Authority or second Appellate Authority, as the case may be upon filing of appeal, shall issue notice accompanied by copy of appeal, affidavit and documents, if any, to the respondents and fix date of hearing.
On the date fixed for hearing, the First Appellate Authority or second Appellate
Authority, as the case may be, shall –
Hear all the parties to appeal present before him; and
Peruse or inspect documents, relevant records or copies thereof relating to the matter.
After hearing the parties, perusal or inspection of documents and relevant records or copies thereof relating to the matter, the Appellate Authority concerned shall pass an order in writing and provide the copy of order to the parties to appeal free of cost.
The order passed under sub-clause (c) above shall also be placed on the state public procurement portal.
Signature of Tenderer with seal
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Signature of Bidder Page 149 of 194 JSCL, Jhansi (UP)
FORM No. 1 [ see rule 83]
Memorandum of Appeal under the *
Appeal No. -------------------- of ----------------------------
Before the ----------------------------------------------------- (First/second Appellate Authority)
1. Particulars of appellant:
I. Name of the appellant:
II. Official address, if any:
III. Residential address:
2. Name and address of the respondent (s):
(i)
(ii)
(iii)
3. Number and date of the order appealed against and name and designation of the
officer/authority statement of a decision, action or omission of the procuring Entity in
contravention to the provisions of the Act by which the appellant is aggrieved:
4. If the Appellant proposes to be represented
By a representative, the name and postal address of the representative:
5. Number of affidavits and documents enclosed with the appeal:
6. Grounds of---------------------------- appeal--------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------
-------------------
(supported by an affidavit)
7.
Prayer:
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Signature of Bidder Page 150 of 194 JSCL, Jhansi (UP)
-----------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------
Place -----------------------------
Date ------------------------------
Appellant‟s signature
Signature of Tenderer with seal
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Signature of Bidder Page 151 of 194 JSCL, Jhansi (UP)
Annexure D: Additional Conditions of contract
1. Correction of arithmetical errors Provided that a financial Bid is substantially responsive, the procuring Entity will correct
arithmetical errors during evaluation of Financial Bids on the following basis:
I. 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, unless in the opinion of procuring Entity there is an obvious misplacement of the decimal point in the unit price, in whichcase the total price as quoted shall governs and the unit price shall be corrected
II. If there is an error in a total corresponding to the addition or subtraction ofSubtotalsthe subtotals shall prevail and the total shall be corrected:
III. If there is a discrepancy between words and figures, the amount in words shallprevail, unless
the amount expressed in words is related to an arithmetic error, in which case the amount in
figures shall prevail subject to (i) and (ii) above.
If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors,
its Bid shall be disqualified and its Bid security shall be forfeited or its Bid Securing Declaration
shall be executed.
2. Procuring Entity’s Right to vary Quantities I. At the time of award of contract, the quantity of Goods, works or services originally specified in
the Bidding Document may be increased or decreased by a specified percentage, but such
increase or decrease shall not exceed twenty percent, of the quantity specified in the Bidding
Document. It shall bewithout any change in the unit prices. Or other terms and conditions of
the Bid and the conditions of contract.
II. If the procuring Entity does not procure any subject matter of procurement or procures less
than the quantity specified in the Bidding Document due tochange in circumstances, the
Bidder shall not be entitled for any claim or compensation except otherwise provided in the
conditions of contract.
III. In case of procurement of Goods or services, additional quantity may be procured by placing a
repeat order on the rates and conditions of the original order. However, the additional quantity
shall not be more than 25 % of the value of Goods of the original contract and shall be. Within
one month from the date of expiry of last supply. If the supplier fails to do so, the procuring
Entity shall be free to arrange for the balance supply by limited Bidding or otherwise and the
extra cost incurred shall be recovered from the supplier.
Signature of Tenderer with seal
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Signature of Bidder Page 152 of 194 JSCL, Jhansi (UP)
VOLUME - 3
Specifications, Approved Makes, Tender
Drawings
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Signature of Bidder Page 153 of 194 JSCL, Jhansi (UP)
Section - X
Works‟ Requirements
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Signature of Bidder Page 154 of 194 JSCL, Jhansi (UP)
Section X - Works’ Requirements
Table of Contents
S. No. Particulars Page No.
1 Introduction and Scope of Work 153
2 Technical Specification 157
3 Supplementary Information 179
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 155 of 194 JSCL, Jhansi (UP)
HYBRID TYPE ROOFTOP SOLAR PHOTOVOLTAIC POWER PLANTS WITH ZERO
EXPORT DEVICE
A) Introduction
A Hybrid solar PV system consists of the solar panels, Battery Banks, solar panels mounting
structure, PCU & Hybrid inverters with necessary control electronics, protection devices,
meters, interconnection cables and switches and necessary grounding / earthing etc.
Components and parts used in solar PV systems should conform to the BIS or IEC or other
international specifications, wherever such specifications are available and applicable.
Quality and Workmanship
Solar PV modules are designed to last 25 years or more. It is therefore essential that all
system components and parts, including the mounting structures, cables, junction boxes,
distribution boxes and other parts also have a life cycle of at least 25 years. Therefore, all
works shall be undertaken with the highest levels of quality and workmanship. During
inspection special attention will be given to neatness of work execution and conformity with
quality and safety norms. Non-compliant works will have to be redone at the cost of the
Installer.
B) Scope of Work(Services)
Scope of work covers Design, Engineering, Supply, Installation, Testing, Commissioning,
Synchronizing including 5 years‘ operation and maintenance of Hybrid Type Rooftop Solar
Photovoltaic Power Plants with one-hour battery back and Zero Export Device on
Government Buildings/offices etc.
Scope of Work
Site survey and Layout planning
Design, development and supply of all components of the SPV power system
Transportation of SPV Power system up to a project location
Installation and commissioning of SPV Power system up to AC distribution board along with
Zero Export Device including supply of meters with necessary arrangement for integration
grid and protection during absence of grid supply.
Training of the staff
Maintenance (CMC) during warranty period of 5 years
Scope of Supply:
The SPV power plants should be supplied & installed by the companies as per specifications
given in the document which comply with the latest guidelines of UPERC, UPNEDA, UPPCL,
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 156 of 194 JSCL, Jhansi (UP)
DVVNL, MNRE, and GoI. Following parts for each SPV projects are mainly required to be
supplied:
SPV Module
Power conditioning Unit (PCU)
Battry (Li Ion)
Zero Export Device
PVC insulated Copper cables as per BIS Codes for AC & DC inter connections.
Junction Boxes with surge arrestors and MCB.
Structure for solar PV project, MS Galvanized / Aluminium.
O&M manual and warranty card in English Language
3.5c x185 sq mm 1100V PVC armoured aluminium cable as per IS 1554 (part -1)
Bi-directional Meter
Earthing and Lightening Protections
IR/UV protected PVC Cables, pipes andaccessories
Any other part as per site requirement.
WARRANTY
The Solar power projects shall be warranted for five years after the date of commissioning of
the project for replacement in case of any manufacturing, operation failure, non-performance
as per design standards.
The PV module(s) shall be warranted for a minimum period of 25 years from the date of
commissioning of the project. The PV modules must be warranted for their output peak watt
capacity, which should not be less than 90% at the end of Ten (10) years and 80% at the end
of twenty-five (25) years
The Warranty Card to be supplied with the system must contain the details of the system.
Maintenance during Warrantee period of five years.
OPERATION & MAINTENANCE MANUAL
An Operation, Instruction and Maintenance Manual, in English & Hindi Languages should be
provided with the Solar PV projects. The following minimum details must be provided in the
Manual:
Basic principles of Photovoltaic.
A small write-up (with a block diagram) on the Solar PV project - its components, PV module,
battery, electronics and luminary and expected performance shall be provided.
Type, Model number, Voltage & capacity of the battery, used in the system.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 157 of 194 JSCL, Jhansi (UP)
The make, model number, country of origin and technical characteristics of all the component
are required to be provided.
Clear instructions on regular maintenance and troubleshooting of the Solar PV Projects.
DO's and DONT's.
Name and address of the contact person for repair and maintenance, in case of
nonfunctionality of the SPV Projects.
Design and Engineering:
1. The Bidder has to submit all the technical documents of all the components he intends to
use.
2. The successful Bidder need to submit/propose following 3 different designs in order to
maximize the Energy Generation of Solar PV power plant for the all locations
3. Structure and Civil Design including wind load analysis.
4. Solar PV system design (No of strings, No of inverters, series parallel combinations, No of
Battery Bank and Zero Export Device).
5. Simulation results for the Energy Generation for each case
6. The JSCL will choose option and finalize the execution of the project
7. The Bidder need to submit the plan of execution and mention the deadline for each location
and execute the project according
8. Failing the deadline shall lead to penalty set by the JSCL
9. All the permissions/approvals/clearances shall be provided by the JSCL
10. For any changes in specifications of any of components prior approval shall be taken from
the JSCL
11. Bidirectional Meters shall be installed at each Solar PV plant for measurement of
Import/Export of Energy.
12. Zero Export Device shall be installed at each Solar PV plant for zero export the energy to
Grid.
13. Bidder will ensure that there will be no reverse of power to the grid in case of failure the grid
power. Bidder will design the system after duly consideration this aspect.
14. The successful bidder shall be responsible for galvanic isolation of Solar PV rooftop power
plants whose capacity is equal or more than 100 kWp with electrical grid
15. Bidder is required to have a service network in Uttar Pradesh, Delhi, Haryana, Punjab or
Uttarakhand. The details of such service network need to be provided. L1 and Selected
Bidder(s) who do not currently have a service network in above mentioned places; will be
required to open a service centre in Jhansi, Uttar Pradesh within 30days of issue of Letter of
Acceptance (LOA).
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 158 of 194 JSCL, Jhansi (UP)
16. The mobile app shall be integrated with Jhansi one-city app/Command and Control center
(CCC) to remotely monitor the energy generation.
Drawings & Manuals.
Two sets of Engineering, electrical drawings and Installation and O&M manuals are to be
supplied. Bidders shall provide complete technical data sheets for each equipment giving
details of the specifications along with make/makes in their bid along with basic design of the
power plant and power evacuation, synchronization along with protection equipment. ISI
Approved and reputed makes for equipment be used.
For complete electro-mechanical works, bidders shall supply complete design, details and
drawings for approval to JSCL/owners before progressing with the installation work
Detail Bill of Quantities
Provision described at PCC (SCC) clause 38.8 shall be applicable.
The locations of Construction of Hybrid Type Rooftop Solar Photovoltaic Power Plant System
are enclosed at the end of this document. However, the list is tentative and may change
based on feasibility of construction on the site.
Note: It is likely that JSCL may identify locations where additional number of rooftop Solar
System would need to be constructed. JSCL reserves the right to add/ reduce or delete items
at its discretion without providing any reasons.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 159 of 194 JSCL, Jhansi (UP)
Technical Specifications
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 160 of 194 JSCL, Jhansi (UP)
The General Technical Specifications must comply to the Govt of India regulations / standards and in
addition to comply to with Zero Export Policy and Regulations of UPERC and UPNEDA.
1. SOLAR PHOTOVOLTAIC MODULES:
i. The PV modules used must qualify to the latest edition of IEC PV module qualification test or
equivalent BIS standards Crystalline Silicon Solar Cell Modules IEC 61215/IS14286. In addition,
the modules must conform to IEC 61730 Part-1 - requirements for construction & Part 2 –
requirements for testing, for safety qualification or equivalent IS.
ii. Only indigenous modules (Both cell and Module) of reputed brand (IEC/BIS Tested) shall only
be used in the project. The wattage of each module should be at least 250 Wp of 72 cell and
open circuit voltage of the PV modules under STC should be at least 42.0 Volts. The module
efficiency should not be less than 15% and the fill factor should not be less than 0.70.
iii. Crystalline high power/efficiency cells > 16% shall be used in the Solar Photovoltaic module.
iv. 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 80% at the end of 25
years.
v. The terminal box on the module shall be designed for long life out door operation in harsh
environment should have a provision for opening for replacing the cable, if required.
vi. The offered module shall be in accordance with the requirements of MNRE / UPNEDA.
vii. The module should be tested according to latest edition of IEC 61215 edition II / IS 14286 for
Crystalline cell. The bidder shall submit appropriate valid test certificates. The minimum validity
of test report should be till March 2020.
viii. The offered Solar module performance test report issued from authorized MNRE/NABAL test
lab should be submitted. The test report should be issued on or after 1 April.2016.
ix. Protective devices against surges at the PV module shall be provided. Low voltage drop bypass
diodes shall be provided and if required, blocking diode(s) may also be provided.
x. The peak power point voltage and the peak power point current of any supplied module and/or
any module string (series connected modules) shall not vary by more than 2 (two) per cent from
the respective arithmetic means for all modules and/or for all module strings, as the case may
be.
xi. IDENTIFICATION AND TRACEABILITY
Each PV module must have sticker inside the module with the following information:
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 161 of 194 JSCL, Jhansi (UP)
i. Name of the manufacturer of PV Module
ii. Month and year of the manufacture of module
iii. Made in India
iv. Unique Serial No and Model No of the module
Following data may be provided out site in such a way that it should not pull out during harsh
environmental condition)
(i) Peak Wattage, Im, Vm and FF for the module
ii. UPNEDA logo
Test reports/ certificate from IEC/NABL accredited laboratory to be mandatorily enclosed for
relevant IEC/equivalent BIS Standards.
The solar module must be from ALMM list approved by MNRE from effective date of
implementation as per MNRE order no 283/54/2018-Grid solar dated 3rd Jan 2019 or its latest
amendments at present it will be effective from 31st March 2020. Hence before March 2020 the
module should be as per MNRE Guide lines and indigenous.
2. BATTERY- (Lithium Ferro Phosphate): The battery should Lithium Ferro phosphate (Lifepo4). The battery Voltage & AH can be changed
keeping the overall KWH same. The voltage selection should be close to Vm of combinations of
modules having 72 cells. The configuration of battery assembly should be as per requirement of
capacity. The cell should be prismatic type having capacity not less than 40 Ah The other feature
of the battery should be:
Sr No.
Description Specification
Specification
1 Battery Configuration minimum cell
capacity
3.2V- 40 AH; LiFePO4
2 Working Temperature Range (both
for charging & discharging)
0-60 Deg C
3 Storage Temperature Range @ 0-40 Deg- 6 months
4
Cycle Life ( Full charge to full discharge @ 25
deg C before capacity of battery falls below 75%)
more than 3000 Cycles
5 Battery Warranty 5 years
6 Type of Cell Prismatic
Depth of Discharge: up to 85%
Maximum Discharging rate: up to C rate of battery Capacity
Maximum Charging Rate: upto 0.5 C rate of battery capacity
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 162 of 194 JSCL, Jhansi (UP)
The Lithium iron phosphate battery needs a very good ―Battery Management Systems‖ BMS to
ensure the proper charging and discharging of each cell of battery with temperature
compensation. This battery also needs constant current and constant voltage charging
methodology related to upper voltage limit of battery. BMS primary focus is therefore on the
safety and the protection of the battery pack, to minimize the risk of sudden failure and to
maximize the life cycle of the battery. The secondary function of the BMS is to perform battery
diagnosis, such as state of charge (SOC) estimation, state of health (SOH) estimation and state
of power (SOP) estimation. Hence a very good battery management system to be incorporated
and got it tested with battery from MNRE/NABAL accredited lab as per IEC/BIS standard. The
BMS of the LFP battery must also communicate with PCU in some standard protocol like
RS485/ 232 or CAN so that PCU can adapt to requirements of battery and extend its life.
Communication between PCU and BMS and the compatibility of 2 should be ensured.
The test report as BIS of at least 3.2-volt 40 Ah cell from MNRE/NABAL accredited lab issued
on or after 1 April 2016 should be submitted along with tender.
3. ARRAY STRUCTURE
i. Hot dip galvanized MS mounting structures may be used for mounting the
modules/panels/arrays. Each structure should have angle of inclination as per the site
conditions to take maximum installation. However, to accommodate more capacity the angle
inclination may be reduced until The Mounting structure shall be so designed to withstand the
speed for the wind zone of the location where a PV system is proposed to be installed. It may
be ensured that the design has been certified by a recognized Lab/ Institution in this regard
and submit wind loading calculation sheet to JSCL. Suitable fastening arrangement such as
grouting and calming should be provided to secure the installation against the specific wind
speed.
ii. The mounting structure steel shall be as per latest IS 2062: 1992 and galvanization of the
mounting structure shall be in compliance of latest IS 4759.
iii. The module & frame structure shall be mild steel, hot dipped galvanized (120 micron) with
corrosion resistant painting for holding the PV modules.
iv. Structural material shall be corrosion resistant and electrolytic alloy compatible with the
materials used in the module frame, its fasteners, nuts and bolts.
v. Aluminium structures also can be used which can withstand the wind speed of respective wind
zone. Necessary protection towards rusting need to be provided either by coating
oranodization.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 163 of 194 JSCL, Jhansi (UP)
vi. The fasteners used should be made up of stainless steel. The structures shall be designed to
allow easy replacement of any module. The array structure shall be so designed that it will
occupy minimum space without sacrificing the output from the SPV panels
vii. Regarding civil structures, the bidder need to take care of the load bearing capacity of the roof
and need arrange suitable structures based on the quality of roof.
viii. The structure should be designed for simple mechanical and electrical installations. It will be
designed to withstand severe cyclone/ storm with the speed max.150 Km/hr. as per IS 875
part 3
ix. The total load of the structure (when installed with PV modules) on the terrace should be less
than 60kg/m2.
x. The minimum clearance of the structure from the roof level should be 300 mm.
xi. There shall be a minimum air gap of 3+/- 0.3-cm between the facing edges of two adjacent
modules on all sides.
xii. In order to install on rooftop on buildings all the rooftop must be refixed wherever required
xiii. Proper Water-proofing shall be done wherever its necessary
xiv. Painting of metal parts shall be wherever necessary on extra cost which shall be paid by JSCL
after verification
xv. The systems should be installed at ground level / roof top at least the height of 45Centimeter
with a CC block of 30X30X30 Cm with each support.
4. BALANCE OF SYSTEM (BOS):
i. Cables should confirm to applicable standards i.e. IEC 60189, IS 694/ IS1554, IS/IEC 69947.
ii. Switches / Circuit Breakers / Connector should confirm to IS/IEC 60947 part I,II,III,EN 0521
standards
iii. Junction Boxes should confirm to IP 65 for outdoor / IP 21 for indoor use and IEC 62208
standards.
iv. SPV system design should confirm to IEC 62124 standards
v. Installation of systems should confirm to IEC 60364-7-712 standards
vi. Copper bus bars/terminal blocks housed in the junction box with suitable termination threads
Conforming to IP65 standard and IEC 62208 Hinged door with EPDM rubber gasket to prevent
water entry. Single / double compression cable glands.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 164 of 194 JSCL, Jhansi (UP)
vii. All fuses shall have DIN rail mountable fuse holders and shall be housed in thermos plastic IP
65 enclosures with transparent covers.
viii. The BOS items / components of the SPV power plants/ systems deployed must conform to the
latest edition of IEC/ Equivalent BIS Standards/ MNRE specifications / as specified below:
BOS Item / System
Applicable BIS /Equivalent IEC Standard Or MNRE Specifications
Standard Description Standard Number
Charge Controller/MPPT
units
Power Conditioners/
Inverters**including MPPT
and Protections.
Environmental Testing
Efficiency Measurements
Environmental Testing
IEC 60068-2 (1,2,14,30) /
Equivalent BIS Std.
IEC 61683 / IS 61683
IEC 60068-2 (1, 2, 14, 30)
/Equivalent BIS Std.
Storage Batteries
Lifepo4
(Lithium Ferro phosphate
Battery)
IS 16270 /
IS 16046 (Part 2): 2018/
IEC 62133-2017/BIS standard
IEC 62133-2017/BIS standard
Cables General Test and Measuring
Method PVC insulated cables for
working voltage up to and
including 1100 V and UV
resistant for outdoor installation
IEC 60227 / IS 694
IEC 60502 / IS 1554 (Pt. I & II
Switches/Circuit
Breakers/Connectors
General Requirements
Connectors –safety
A.C. /D.C
IEC 60947 part I,II, III /
IS 60947 Part I,II,III
EN 50521
Junction Boxes /Enclosures
for inverters /Charge
Controllers /Luminaries
. General Requirements IP 54(for outdoor)/ IP 21(for
indoor) as per IEC 529
**In case if the Charge controller is in-built in the inverter, no separate IEC 62093 test is
required and must additionally conform to the relevant national/international Electrical Safety
Standards wherever applicable.
5. POWER CONDITIONING UNIT CUM INVERTOR
The Power conditioning unit (PCU) should have inbuilt charge controller and Invertor of capacity &
ratings as specified in the Table for various capacity of Solar Power Plants.
The PCU will have following features:
The PCU should be dual input type, Bi-directional converter, synchronized with Grid Hybrid type
such that the Input PF is close to 0.95 with Low THD, where under normal condition the input is
fed from a SPV panel and in the absence of SPV power or low SPV power conditions an external
AC source can be used for battery charging at C-10 rates so as to reduce the charging time.
However, the charger circuit must communicate with BMS and control charging profile keeping in
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 165 of 194 JSCL, Jhansi (UP)
mind the SOC of each cell, the charging rate will thus start tapering till charge completion and the
State-of-charge (SOC) shall also be available locally on display as well as remotely (if required).
In case the PV power generated at any instant of time is more than the battery charging power
required, this excess PV power shall be used to share the AC load the output of the Inverter
output. All these operations should be automatic. When battery bank is fully charged, the PCU
should have the feature to feed the power generated from solar to load and draw the additional
power from main supply to meet the load requirements in the case load is more than solar energy
produced. Thus the electricity consumption from grid shall be reduced.
Solar-Hybrid MPPT charger PCU. The synchronization of BMS and PCU is important aspects and
it must be ensured. Considering the importance of this aspects the firm can choose the battery
voltage keeping the total watt-hour capacity same.
i. Output voltage 230V+2% of modified/ pure sine wave for single phase PCU & 415 V +2%.for
three phase PCU.
ii. Output frequency: 50 Hz+-0.5 Hz
iii. THD (Current): less than 3% for non-linear load
iv. Efficiency: >90% of PCU at full load for PCU >10 KVA capacity
v. >85% for PCU <10KVA capacity
vi. Indicator:
Array charger on
Battery charging
Inverter ON
Load on solar/ battery
Grid charger on
Load on Grid
Grid on
Fault
vii. Display parameters
Charging current
Charging voltage
Voltage of PV panels
Output voltage
Grid voltage
Power output in KW
Energy delivered in Kwh
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 166 of 194 JSCL, Jhansi (UP)
viii. MIMIC Diagram: To indicate power flow and operation of the charge controller/ battery
charger; shall have provision for visual indications of existing power input/output through
MIMIC diagram.
Full Protection against polarity reversal of PV array and battery, Over Current, Short Circuit,
Deep Discharge, Input Surge Voltage, open circuit, accidental short circuit and night time
leakage of current from battery to module.
Adequate protection shall also be incorporated under no-load conditions (i.e. when the
system is ON & the load is removed.
The PCU charge controller must be synchronize with Battery Management System (BMS).
The PCU/ inverters should be tested from the MNRE / NABL /BIS /IEC accredited testing
calibration laboratories.
ix. SURGE PROTECTION
Internal surge protection shall consist of three MOV type surge arrestors connected from +ve
and –ve terminals to earth (via Y arrangement) or other suitable devices should be provided.
x. EARTHING PROTECTION
Each array structure of the PV yard and metal casing should be grounded/ earthed properly
as per IS: 3043 latest editions.
xi. Necessary earthing/ grounding is to be provided on the body of the inverter.
a. The quality and standards of the system will be strictly adhering to the national/international
standards specified as per MNRE Govt. of India norm.
6. ZERO EXPORT DEVICE
The Zero Export Device combines a power analyzer, data logger and controller into one device.
By linking three devices in one, developed a new generation of single component solution. At any
time, the zero export prevents the solar system from feeding in to the grid.
Zero Export Device controls the energy in the system by adjusting the set point of the inverters in
the system. The integrated power analyzer measures the total power at the point of coupling and
compares this with the adjustable set point of the controller. When the consumption from the grid
is above this set point, the solar energy will be increased, when the consumption is below this set
point, the solar energy will be reduced.
Zero Export device is to be used with every solat plant and the detail design / selection is to be
done by contractor as per solar plant requirement and submit the same for approval.
7. DATA ACQUISITION SYSTEM/ PLANT MONITORING
i. Data Acquisition System shall be provided for each of the solar PV plant above 10 kWp
capacity.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 167 of 194 JSCL, Jhansi (UP)
ii. Data Logging Provision for plant control and monitoring, time and date stamped system
data logs for analysis with the high quality, suitable PC. Metering and Instrumentation for
display of systems parameters and status indication to be provided.
iii. Solar Irradiance: An integrating Pyrometer / Solar cell based irradiation sensor (along
with calibration certificate) provided, with the sensor mounted in the plane of the array.
Readout integrated with data logging system.
iv. Temperature: Temperature probes for recording the Solar panel temperature and/or
ambient temperature to be provided complete with readouts integrated with the data
logging system
v. The following parameters are accessible via the operating interface display in real time
separately for solar powerplant:
1. AC Output Voltage.
2. AC Output current.
3. Output Power
4. Power factor.
5. DC Input Voltage.
6. DC Input Current.
7. Time Active.
8. Time disabled.
9. Time Idle.
10. Power produced
11. Protective function limits (Viz-AC Over voltage, AC Under voltage, over frequency, under frequency ground fault, PV starting voltage, PV stoppingvoltage.
The PCU should have data logging facilities for BMS also in order to monitor the performance of
battery. Data Acquisition System shall be provided for each of the solar PV plant having capacity
10 KW or above, plant monitoring will be remote through web based GPRS Monitoring. Also the
data shall be recorded in a common work sheet chronologically data wise. The data file shall be
MS Excel compatible. Remote Server and Software for centralized internet monitoring system
shall be also provided for download and analysis of cumulative data of all the plants and the
data of the solar radiation and temperature monitoring system.
8. JUNCTION BOXES:
The junction boxes for 5KW and above are to be provided in the PV array for termination of
connecting cables. The J. Boxes (JBs) shall be made of polycarbonate/GRP/FRP/Powder
Coated Aluminum /cast aluminum alloy with full dust, water & vermin proof arrangement. All
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 168 of 194 JSCL, Jhansi (UP)
wires/cables must be terminated through cable lugs. The JBs shall be such that input & output
termination can be made through suitable cable glands. Copper bus bars/terminal blocks housed
in the junction box with suitable termination threads Conforming to IP65 standard and IEC 62208
Hinged door with EPDM rubber gasket to prevent water entry. Each Junction Box shall have
High quality Suitable SPDs fuses on +ve side. Suitable Reverse Blocking Diodes. The Junction
Boxes shall have suitable arrangement for disconnection for each of the groups. Suitable
markings shall be provided on the bus bar for easy identification and the cable ferrules must be
fitted at the cable termination points for identification. DC DPBs shall have sheet from enclosure
of dust & vermin proof conform to IP 65for outdoor and IP54 for indoor protection. The bus bars
are made of copper of desired size. Suitable capacity MCBs/MCCB shall be provided for
controlling the DC power output to the PCU along with necessary surge arrestors AC Distribution
Panel Board (DPB) shall control the AC power from PCU/ inverter, and should have necessary
surge arrestors. All indoor panels will have protection of IP54 or better. All outdoor panels will
have protection of IP65 or better should conform to Indian Electricity Act and rules (till last
amendment).
Connecting cables PVC insulated copper cables (ISI marked) for: The cable should be used as
per site considering the maximum permissible loss up to 2%, however for 5 KW plant the
minimum cable should be as follow.
Module interconnections (4.0 mm copper single core multi strand), Module parallel
interconnection (10 mm copper single core multi strand)
Array or AJB to PCU (16 mm copper two cores)
Battery to PCU (16 mm copper single core multi strand) might be double cables if required
PCU to load / change over switch (Single core copper cable 6.0 mm multi strand) as per
requirement of site.
ACDB: ACDB must have load mains change over switch for manual bypass
9. METER CONFIGURATION OPTIONS
The utility meter has to be bi-directional meter to register both import grid electricity amount as
well as export solar electricity amount.
Bidirectional energy meter with CTs and PT, if required, having the feature of recording both the
import and export of energy, besides other parameters shall be as per CEA metering regulations
or State Grid code as applicable and of the make & specifications as approved by DVVNL shall
be installed at the point where interconnection is made between Consumer system and DVVNL
system.
Details of Energy Meters are under.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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S.No. Meter Description Accuracy Load of Consumer Voltage Level
1 Single Phase 10-60 A, whole current
Class-I Up to 7kW Single Phase
LT 230V
2 Three Phase 10-60 A, whole current
Class-I More Than 7kW and up to 25kW
Three Phase LT 400V
3 LT AC 3-Phase 4-Wires CT operated static DLMC compliant energy meter
Class-0.5 or better
More Than 25kW and up to 100kW
Three Phase LT 400V
10. ELECTRICAL CONNECTIONS
High quality ISI mark copper wires/cables of reputed makes are to be provided for connecting
Solar Modules, from junction box to PCU, and Battery.
A suitable connection point shall be provided to the consumer from PCU, at a distance not more
than 05 meters, from where consumer shall have its own wiring to the use points.
11. CABLES
Cables of appropriate size to be used in the system shall have the following characteristics:
i. Shall meet IEC 60227/IS 694, IEC 60502/IS1554standards
ii. Temp. Range: –10ºC to+80ºC.
iii. Voltage rating 660/1000/1500V
iv. Excellent resistance to heat, cold, water, oil, abrasion, UVradiation
v. Flexible Sizes of cables between array interconnections, array to junction boxes, junction
boxes to Inverter etc. shall be so selected to keep the voltage drop (power loss) of the entire
solar system to the minimum (2%)
vi. For the DC cabling, XLPE or, XLPO insulated and sheathed, UV- stabilized single core multi-
stranded flexible copper cables shall be used; Multi-core cables shall not beused.
vii. For the AC cabling, PVC or, XLPE insulated and PVC sheathed single or, multi-core multi-
stranded flexible copper cables shall be used; Outdoor AC cables shall have a UV-stabilized
outersheath.
viii. The cables (as per IS) should be insulated with a special grade PVC compound formulated for
outdoor use. Outer sheath of cables shall be electron beam cross-linked XLPO type and black
incolor.
ix. The DC cables from the SPV module array shall run through a UV- stabilized PVC conduit
pipe of adequate diameter with a minimum wall thickness of1.5mm.
x. Cables and wires used for the interconnection of solar PV modules shall be provided with
solar PV connectors (MC4) andcouplers
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xi. All cables and conduit pipes shall be clamped to the rooftop, walls and ceilings with thermo-
plastic clamps at intervals not exceeding 50 cm; the minimum DC cable size shall be 4.0 mm2
copper; theminimum AC cable size shall be 4.0 mm2 copper. In three phase systems, the size
of the neutral wire size shall be equal to the size of the phasewires.
xii. Cable Routing / Marking: All cable/wires are to be routed in a GI cable tray and suitably tagged
and marked with proper manner by good quality ferule or by other means so that the cable
easily identified. In addition, cable drum no. / Batch no. to be embossed/ printed at every one
meter.
xiii. Cable Jacket should also be electron beam cross-linked XLPO, flame retardant, UV resistant
and black incolor.
xiv. All cables and connectors for use for installation of solar field must be of solar grade which can
withstand harsh environment conditions including High temperatures, UV radiation, rain,
humidity, dirt, salt, burial and attack by moss and microbes for 25 years and voltages as per
latest IEC standards. DC cables used from solar modules to array junction box shall be solar
grade copper (Cu) with XLPO insulation and rated for 1.1kV as per relevant standardsonly.
xv. The ratings given are approximate. Bidder to indicate sizeand length as per system design
requirement. All the cables required for the plant shall be provided by the bidder. Any change
in cabling sizes if desired by the bidder shall be approved after citing appropriate reasons. All
cable schedules/ layout drawings shall be approved prior toinstallation.
xvi. Multi Strand, Annealed high conductivity copper conductor PVC type A‗pressure extruded
insulation or XLPE insulation. Overall PVC/XLPE insulation for UV protection Armored cable
for underground laying. All cable trays including covers to be provided. All cables conform to
latest edition of IEC/ equivalent BIS Standards as specified below: BoS item / component
Standard Description Standard Number Cables General Test and Measuring Methods,
PVC/XLPE insulated cables for working Voltage up to and including 1100 V, UV resistant for
outdoor installation IS /IEC 69947.
xvii. The total voltage drop on the cable segments from the solar PV modules to the solar grid
inverter shall not exceed 2.0%.
xviii. The total voltage drop on the cable segments from the solar grid inverter to the building
distribution board shall not exceed 2.0%.
12. SPV PLANT AND METERING: -
All the equipment associated with solar plant installation like solar PV panels, inverters;
synchronizer, MPPT, batteries, transformers, cables, junction boxes etc shall be brand new and
as per latest specified Indian/IEC standards. Bidirectional energy meter with CTs and PT, if
required, having the feature of recording both the import and export of energy, besides other
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parameters shall be as per CEA metering regulations or State Grid code as applicable and of the
make & specifications as approved by DVVNL shall be installed at the cost of the SPV plant
owner at the point where interconnection is made between Consumer system and DVVNL
system. The Plant owner has option to install the meter and metering equipment procured by
DVVNL or can procure from vendors approved by DVVNL. If metering system is procured by
Plant owner, then the testing and installation of meters including CTs and PT shall be got carried
out from DVVNL as per the latest departmental instructions and no meter rentals shall be
charged. DVVNL shall seal the tested bidirectional energy meters as per prevailing practice of
DVVNL.
13. CONNECTIVITY
The maximum capacity for interconnection with the grid at a specific voltage level shall be as
specified in the Distribution Code/Supply Code of the State and amended from time to time.
Following criteria have been suggested for selection of voltage level in the distribution system for
ready reference of the solar suppliers.
Table: Capacity and voltage
Plant Capacity Connecting voltage
Up to 10 Kw 240V-single phase or 415V-three
phase at the option of the consumer
Above 10kW and up to 100kW
single PCU in any nos 415V – three phase At HT/EHT level
Above 100kW single unitand not multiples of upto 100 KW (11kV/33kV/66kV) as per DISCOM rules
i. The maximum permissible capacity for rooftop shall be 100 kWp for a single point.
ii. Utilities may have voltage levels other than above, DISCOMS may be consulted before
finalization of the voltage level and specification be made accordingly.
iii. For large PV system (Above 100 kW) for commercial installation having large load, the
solar power can be generated at low voltage levels and stepped up to 11 kV level through
the step up transformer. The transformers and associated switchgear would require to be
provided by the successful bidders.
14. TOOLS & TACKLES AND SPARES:
i. After completion of installation & commissioning of the power plant, necessary tools & tackles
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are to be provided free of cost by the bidder for maintenance purpose. List of tools and tackles
to be supplied by the bidder for approval of specifications and make from JSCL.
ii. A list of requisite spares in case of PCU/inverter comprising of a set of control logic cards, IGBT
driver cards etc. Junction Boxes. Fuses, MOVs / arrestors, MCCBs etc along with spare set of
PV modules be indicated, which shall be supplied along with the equipment. A minimum set of
spares shall be maintained in the plant itself for the entire period of warranty and Operation &
Maintenance which upon its use shall be replenished.
15. DANGER BOARDS AND SIGNAGES:
Danger boards should be provided as and where necessary as per IE Act. / IE rules as amended
up to date. Three signage shall be provided one each at control room, solar array area. Text of
the signage may be finalized in consultation with JSCL.
16. FIRE EXTINGUISHERS:
The fire-fighting system for the proposed power plant for fire protection shall be consisting of:
i. Portable fire extinguishers in the control room for fire caused by electrical shortcircuits
ii. Sand buckets in the controlroom
iii. The installation of Fire Extinguishers should confirm to TAC regulations and BIS standards.
The fire extinguishers shall be provided in the control room housing PCUs as well as on the
Roof or site where the PV arrays have been installed.
17. DRAWINGS & MANUALS:
i. Two sets of Engineering, electrical drawings and Installation and O&M manuals are to be
supplied. Bidders shall provide complete technical data sheets for each equipment giving
details of the specifications along with make/makes in their bid along with basic design of the
power plant and power evacuation, synchronization along with protection equipment.
ii. ISI Approved and reputed makes for equipment beused.
iii. For complete electro-mechanical works, bidders shall supply complete design, details and
drawings for approval to JSCL/owners before progressing with the installation work
18. PLANNING AND DESIGNING:
i. The bidder should carry out Shadow Analysis at the site and accordingly design strings &
arrays layout considering optimal usage of space, material and labor. The bidder should
submit the array layout drawings along with Shadow Analysis Report to Owner for approval.
ii. Owner reserves the right to modify the design, Layout and specification of sub-systems and
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components at any stage as per local site conditions/requirements.
iii. The bidder shall submit preliminary drawing for approval & based on any modification or
recommendation, if any. The bidder shall submit three sets and soft copy in CD of final
drawing for formal approval to proceed with construction work.
19. DRAWINGS TO BE FURNISHED BY BIDDER AFTER AWARD OF CONTRACT
i. The Bidder shall furnish the drawings the Award/Intent and obtain approval
ii. General arrangement and dimensional layout
iii. Schematic drawing showing the requirement of SPV panel, Power conditioning Unit(s)/
inverter, Junction Boxes, AC and DC Distribution Boards, meters etc.
iv. Structural drawing along with foundation details for the structure and wind load analysis.
v. Itemized bill of material for complete SPV plant covering all the components and associated
accessories.
vi. Layout of Solar Power Array
vii. Shadow analysis of the roof
viii. Any other documents and drawings required to complete the work
20. SAFETY MEASURES:
The bidder shall take entire responsibility for electrical safety of the installation(s) including
connectivity with the grid and follow all the safety rules & regulations applicable as per Electricity
Act, 2003 and CEA guidelines etc.
21. DISPLAY BOARD
The bidder has to display a board at the project site mentioning the following:
i. Plant Name, Capacity, Location, Type of Renewable Energy plant (Like solar wind etc.), Date
of commissioning, details of tie-up with transmission and distribution companies, Power
generation.
ii. Financial Assistance details from MNRE/Any other financial institution apart from loan. This
information shall not be limited to project site but also be displayed at site offices/head quarter
offices of the successful bidder
iii. The size and type of board and display shall be approved by authorized representative before
site inspection.
iv. Please refer Annexure-D for IEC standards to be mandatorily adhered. List of compliances with
parameter
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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PARAMETER REFERENCE REQUIREMENT
Service
Conditions State Distribution / Supply
Code State Distribution / Supply
Code
Overall Grid Standards
Central Electricity Authority
(Grid Standard) regulations
2010
Central Electricity Authority (Grid Standard)
regulations 2010
Equipment BIS / IEEE / IEC BIS / IEEE / IEC
Meters
Central Electricity Authority and Operation of (Installation Meters) Regulation 2013 &
relevant regulations by Electricity
Regulatory Commission
Central Electricity Authority and Operation of (Installation Meters)
Regulation 2013 & relevant regulations by Electricity Regulatory
Commission
Safety and
Supply
Central Electricity Authority (Measures of Safety and
Electricity Supply) Regulation 2010
Central Electricity Authority (Measures of Safety and Electricity Supply)
Regulation 2010
Harmonic Current
IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
Harmonic current Injections from a generating Station shall not exceed the limits specified in IEEE 519.
Synchronization IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
Photovoltaic system must be equipped with a Grid frequency synchronization device. Every time the generating station is synchronized to the electricity system. It shall not cause voltage fluctuation greater than +/- 5% at point of connection.
Voltage IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
The voltage-operating window should minimize nuisance tripping and should be under operating range of 80% to 110% of the nominal connected voltage. Beyond a clearing time of 2 second, the photovoltaic systemmust isolate itself from the grid.
Flicker IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
Operation of photovoltaic system should not cause voltage flicker in excess ofthe limits stated in IEC 61000 standards or other equivalent Indian standards, if any.
Frequency IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
When the Distribution system frequency Deviates outside the specified condition (50.5 Hz on lower side), There should be over and under frequency trip function with aclearing time of 0.2 seconds.
DC injection IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
Photovoltaic system should not inject DC power more than 0.5 % of full rated output at th interconnection point under any operating onditions.
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PARAMETER REFERENCE REQUIREMENT
Power Factor IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
While the output of the inverter is greater than 50% a lagging power factor of greater than 0.9 should operate.
Islanding and Disconnection
IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
There Photovoltaic system in the event of fault, voltage or frequency variations must isolate/disconnect itself within IEC standard on stipulated Period
Overload and Overheat
IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
The inverter should have the facility to automatically switch off in case of overload or overheating and should restart when normal conditions are restored
Paralleling Device
IEEE 519 and CEA (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013
Paralleling device of photovoltaic system shall be capable of withstanding 220% of the normalvoltage at the interconnectionpoint.
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22. GENERAL REQUIREMENT FOR MAINTENANCE
i. Deputation of qualified and experienced engineer/technicians (Diploma or higher Degree in
Electrical/Electronic with 5 years‘ minimum experience) approved by JSCL till the end of the
O&M period at project site.
ii. Monthly checks of the Modules, PCUs and BoS shall be carried out as a part of routine
preventive and break down maintenance.
iii. Online Performance Monitoring, controlling, troubleshooting, maintaining of logs & records. A
maintenance record register is to be maintained by the operator with effect from
Commissioning to record the daily generation, regular maintenance work carried out as well
as any preventive and breakdown maintenance along with the date of maintenance, reasons
for the breakdown, duration of the breakdown, steps taken to attend the breakdown, etc.
iv. For any issues related to operation & maintenance, a phone number shall be made available
to plant owner to resolve within 72 hours. If not attended within such stipulated time, a
complaint may be raised to JSCL, pursuant to which, a penalty of Rs. 1,000/- for full month or
more shall be imposed for a system capacity above 10 kWp. If any of such instances for more
than 2 times a year, then it may lead to penalty as decided by JSCL. Further, If the outage of
the plant is more than 30 days continuously, then the 50% PBG amount shall be encased by
JSCL and If the outage is exceeding more than 60 days than complete PBG amount shall be
encased by JSCL. This will be applicable for entire period of contract of O&M as per the
Scope of the RFP.
All the components should be kept clean. It should be ensured that all the components are
fastened well at their due place Maintenance guidelines for various components viz. solar
panels, inverter, wiring etc. are discussed below:
A. SOLAR PV MODULES
Although the cleaning frequency for the panels will vary from site to site depending on soiling, it is
recommended that
i. The panels are cleaned at least once every fifteen days.
ii. Any bird droppings or spots should be cleaned immediately.
iii. Use water and a soft sponge or cloth for cleaning.
iv. Do not use detergent or any abrasive material for panel cleaning.
v. Isopropyl alcohol may be used to remove oil or grease stains.
vi. Do not spray water on the panel if the panel glass is cracked or the back side is perforated.
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vii. Wipe water from module as soon as possible.
viii. Use proper safety belts while cleaning modules at inclined roofs etc.
ix. The modules should not be cleaned when they are excessively hot. Early morning is
particularly good time for module cleaning.
x. Check if there are any shading problems due to vegetation or new building. If there are,
make arrangements for removing the vegetation or moving the panels to a shade-
freeplace.
xi. Ensure that the module terminal connections are not exposed while cleaning; this poses a
risk of electric shock.
xii. Never use panels for any unintended use, e. g. drying clothes, chips etc.
xiii. Ensure that monkeys or other animals do not damage the panels.
B. CABLES AND CONNECTION BOXES
i. Check the connections for corrosion and tightness.
ii. Check the connection box to make sure that the wires are tight, and the water seals are
not damaged.
iii. There should be no vermin inside the box.
iv. Check the cable insulating sheath for cracks, breaks or burns. If the insulation is damaged,
replace the wire.
v. If the wire is outside the building, use wire with weather-resistant insulation.
vi. Make sure that the wire is clamped properly and that it should not rub against any sharp
edges or corners.
vii. If some wire needs to be changed, make sure it is of proper rating and type.
C. INVERTER
i. The inverter should be installed in a clean, dry, and ventilated area.
ii. Remove any excess dust in heat sinks and ventilations. This should only be done with a
dry cloth or brush.
iii. Check that vermin have not infested the inverter. Typical signs of this include spider webs
on ventilation grills or wasps ‗nests in heat sinks.
iv. Check functionality, e.g. automatic disconnection upon loss of grid power supply, at least
once a month.
v. Verify the state of DC/AC surge arrestors, cable connections, and circuit breakers.
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23. SHUTTING DOWN THE SYSTEM
i. Disconnect system from all power sources in accordance with instructions for all other
components used in the system.
ii. Completely cover system modules with an opaque material to prevent electricity from being
generated while disconnecting conductors.
iii. To the extent possible, system shutdown will not be done during day time or peakgeneration
24. Quality Certification, Standards and Testing for Rooftop Solar PV Systems/PowerPlants
Quality certification and standards for rooftop solar PV systems are essential for the successful
mass-scale implementation of this technology.
It is also imperative to put in place an efficient and rigorous monitoring mechanism, adherence to
these standards. Hence, all components of solar PV system/ plant must conform to the relevant
standards and certifications given below:
Table 4: Standards
IEC 61215/ IS Design Qualification and Type Approval for Crystalline Silicon
Terrestrial Photovoltaic (PV) Modules
IEC 61701 Salt Mist Corrosion Testing of Photovoltaic (PV) Modules
IEC 61853- Part1/ Photovoltaic (PV) module performance testing and energy
IS 16170: Part1 Rating –: Irradiance and temperature performance
measurements, and power rating
IEC 62716 Photovoltaic (PV) Modules – Ammonia (NH3)
Corrosion Testing (As per the site condition like dairies, toilets)
IEC 61730-1,2 Photovoltaic (PV) Module Safety Qualification – Part 1: Requirements for Construction, Part 2: Requirements for Testing
IEC 62804 Photovoltaic (PV) modules - Test methods for the detection of potential-induced degradation. IEC TS 62804-1:Part 1:Crystalline silicon (mandatory for applications where the system voltage is >600 VDC
and advisory for installations where the system voltage is < 600
VDC)
Design, Engineering, Supply, Installation, Testing, Commissioning, 5-year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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IEC 62759-1 Photovoltaic (PV) modules – Transportation testing, Part 1: Transportation and shipping of modulepackageUnits
IS/IEC 60947
(Part 1, 2 & 3), EN
General safety requirements for connectors, switches, circuit
breakers (AC/DC):
50521 a) Low-voltage Switchgear and Control-gear, Part 1: General rules
b) Low-Voltage Switchgear and Control-gear, Part 2: Circuit
Breakers
c) Low-voltage switchgear and Control-gear, Part 3:
Switches, disconnectors, switch-disconnectors and fuse-
combination units
d) EN 50521: Connectors for photovoltaic systems – Safety
requirements and tests
IEC 60269-6 Low-voltage fuses - Part 6:Supplementary requirements for fuse-links
for the protection ofsolar photovoltaic energy system surgeArrestors
IEC 62305-4 Lightening Protection Standard
IEC 60364-5-
53/IS 15086-5 (SPD)
Electrical installations of buildings - Part 5-53: Selection and erection of electrical equipment -Isolation, switching and control
IEC 61643-1.854861111 Cables
Low-voltage surge protective devices - Part 11: Surge
IEC 60227/IS 694, IEC 60502/IS
1554(Part 1 &
2)/IEC69947 BS EN
50618
General test and measuring method for PVC (Polyvinyl chloride) insulated cables (for working voltages up to and including 1100 V, and UV resistant for outdoor installation) Electric cables for photovoltaic systems (BT(DE/NOT)258), mainly for DC Cables Earthing/Lightning
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IEC 62561 Series (Chemical Earthing)
IEC 62561-1
Lightning protection system components (LPSC) - Part 1:
Requirements for connection components
IEC 62561-2
Lightning protection system components (LPSC) - Part 2:
Requirements for conductors and earth electrodes
IEC 62561-7
Lightning protection system components (LPSC) - Part 7:
Requirements for earthing enhancing compounds Junction Boxes
IEC 60529 Junction boxes and solar panel terminal boxes shall be of the thermo-plastic type with IP 65 protection for outdoor use, and IP 54 protection for indoor use
Energy Meter
and 2 — Specification (with Import & Export/Net energy
(measurements)
Solar PV Roof Mounting Structure
IS 2062/IS 4759 Material for the structure mounting
*Note- Equivalent standards may be used for different system components of the plants.
In case of clarification following person/agencies may be contacted.
Ministry of New and Renewable Energy (Govt. ofIndia)
National Institute of Solar Energy
The Energy & Resources Institute
TUV Rheinland
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Supplimentary/ Additional Information
Tentative List of Buildings with power plant capacity detail, where Rooftop Solar System job is to be implemented
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 182 of 194 JSCL, Jhansi (UP)
List of Government Buildings Jhansi Identified for Solar Power Plant
S.NO. Building Name Available
Area (sq.m) Proposed Solar Plant Size (kW)
Proposed Li Fepo4 Battery Qty.
Health Department
1 Chief Medical officer, District Women Hospital, Jhansi 492.5 25 48V, 56AH - 10No.
2 Bundelkhand Government Ayurvedic College 956 35 48V, 56AH - 14No.
3 Rani Lakshmi Bai Eye Hospital 426 7 48V, 56AH - 3No.
4 District ward Rest house eye hospital, Civil line/ Lohia Eye Hospital
5 Additional Director Health Family Welfare navin Bhawan/Kunj bihari Temple
337 3 48V, 30AH - 2No.
6 Medical officer TV Hospital Gwalior Road 203 6 48V, 56AH - 3No.
7 officer-in-charge Medicinsk Puliya no. 09 124 1 48V, 30AH - 1No.
8 Gwalior road in front of Chief Medical officer/ chief Medical Officer Office Jhansi 298 12 48V, 56AH - 5No.
9 Chief Medical Officer Office Jhansi
10 School of health office, near by Thasil 28.8 1 48V, 30AH - 1No.
Municipality Department
11 Antia Talab Park 635 15 48V, 56AH - 6No.
12 Panchatantra park 74000 7 48V, 56AH - 3No.
Justice Department
13 District Judge House No. 3A Sipri bazar road, civil line 24 2 48V, 56AH - 1No.
14 District Court Jhansi 1260 50 48V, 56AH - 20No.
Administration Department
15 District Collectorate 158 5 48V, 56AH - 2No.
16 President District compus office
17 District Magistrate
207 12 48V, 56AH - 2No. 18 District Magistrate
19 Collectrate Thasil, civil line, Jhansi
20 Gandhi Auditorium 286 7 48V, 56AH - 3No.
21 Commissionery Office
158 10 48V, 56AH - 4No. 22 staff office commissioner office, Jhansi
23 Depty Director of Finace Branch Commissioner's
24 Depty Director office of Saving Commissioner's
25 Secratary Development/ District Development 392 1 48V, 30AH - 1No.
26 District Devlopment office 432 5 48V, 56AH - 2No.
27 District Manager Scheduled caste development corporation
28 Administration officer laboratory, Jhansi
57.5 7 48V, 56AH - 3No. 29 Secretary house near by D.M. office, Jhansi
30 Commissioner for development Jhansi circle, Jhansi
31 D.S.O. Deputy director Consumer Forum, Jhansi 101 4 48V, 56AH - 2No.
32 Commissioner Awas 339 2 48V, 56AH - 1No.
33 Deen Dayal Auditorium 335 6 48V, 56AH - 3No.
34 Income Tax Office 336 25 48V, 56AH - 10No.
Jail Department
35 District Jail 477 40 48V, 56AH - 16No.
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Signature of Bidder Page 183 of 194 JSCL, Jhansi (UP)
S.NO. Building Name Available
Area (sq.m) Proposed Solar Plant Size (kW)
Proposed Li Ion Battery Qty.
Jail Department
36 Deputy Director animal Husbandary 60 5 48V, 56AH - 2No.
37 Deputy officer animal Husbandary
Education (College)
38 Headquarter Command councel school near by Police line Jhansi 123 1 48V, 30AH - 1No.
39 Headquarter Command councel school near by Soraj Prashad school Jhansi
161 1 48V, 30AH - 1No.
40 Headmaster Primary school 377/Chaniyapura Jhansi 201.6 1 48V, 30AH - 1No.
41 Basic primary school Munkryana Jhansi 94.4 1 48V, 30AH - 1No.
42 Basic Primary school Daru Bhondela Purani Pasrath Jhansi 101 1 48V, 30AH - 1No.
43 Principal Primary school Sagar Gate Jhansi 40.8 1 48V, 30AH - 1No.
44 Basic Primary Gudri School 34.6 1 48V, 30AH - 1No.
45 Government Girls College 101 1 48V, 30AH - 1No.
46 Antia talab- Euro Asiatic School
270 5 48V, 56AH - 2No. 47 Basic Junior High school near by Nai Basti Jhansi
48 Naveen Girls Junior High scholl Nai basti Jhansi
49 Primary school Nai Basti Jhansi
50 Basic Primary Girls school near by nai basti Jhansi 68 1 48V, 30AH - 1No.
Education Department (College)
51 GIC college
4138 20 48V, 56AH - 8No. 52 Principal G.I.C. House Building Jhansi
53 GIC college
54 Education office Kachari 51.7 4 48V, 56AH - 2No.
55 District Vidyalaya Inspector Education Bhawan Jhansi 671 2 48V, 56AH - 1No.
56 Government District Library 90 2 48V, 56AH - 1No.
57 Specialty Basic Education Officer, Education Bhawan Jhansi 414 2 48V, 56AH - 1No.
58 BKD- 1 College 725 2 48V, 56AH - 1No.
59 BKD- 2 College 706 1 48V, 30AH - 1No.
60 BKD- 3 College 404 2 48V, 56AH - 1No.
61 BKD- 4 College 647 1 48V, 30AH - 1No.
62 BKD- 5 College 1585 2 48V, 56AH - 1No.
63 GIC Hostel 596 2 48V, 56AH - 1No.
64 Bipin Bihari College 3445 12 48V, 56AH - 5No.
Public Work Department (PWD)
65 Executive Engineer PWD Hostel 154 12 48V, 56AH - 5No.
66 SDO PWD Civil line/ Construction division- 1 PWD
346 13 48V, 56AH - 6No. 67 SDO PWD Civil line/ Construction division- 3 PWD
68 DSO PWD Civil line
69 Chief Er PWD jhansi 346 3 48V, 30AH - 2No.
70 Adhishashi Abhiyanta Office PWD
408 8 48V, 56AH - 4No. 71 Executive Engineer Lalitpur PWD chief office Jhansi
72 Executive Engineer Devlope PWD near by Kachari
73 Office of the Superintending Engineer
74 Executive Engineer office NH-1 PWD Family 136 1 48V, 30AH - 1No.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 184 of 194 JSCL, Jhansi (UP)
S.NO. Building Name Available
Area (sq.m) Proposed Solar Plant Size (kW)
Proposed Li Ion Battery Qty.
75 Circuit House 664 3 48V, 30AH - 2No.
76 IISI office near by DM Residential 208 3 48V, 30AH - 2No.
Revenue Department
77 Sub Regeistrar thasil Building Jhansi
350.5 12 48V, 56AH - 5No. 78 Assistant Registrar Jhansi
79 Regional Audit officer Thesil council
80 Assistant registrar form Society and Chips 971 jhokhan bhag 106 1 48V, 30AH - 1No.
Agriculture Department
81 Sub Agriculture 75/ Civil line Jhansi 221 1 48V, 30AH - 1No.
82 The Security new Mandi Complex Jhansi 249 12 48V, 56AH - 5No.
83 Assistant Marketing officer Ghallmandi Jhansi 152 5 48V, 56AH - 2No.
84 Department of Agriculture 52.5 4 48V, 56AH - 2No.
85 Regional Soil lab 941 Civil line Jhansi 109 2 48V, 56AH - 1No.
86 Divisional Food Controller Department 86.9 2 48V, 56AH - 1No.
87 Assistant Auxiliary Soil officer Jhansi 148 1 48V, 30AH - 1No.
88 Joint Director Agriculture office 352 1 48V, 30AH - 1No.
89 Speed House 337 1 48V, 30AH - 1No.
90 Deputy director of state agricultural production board council Jhansi
213 6 48V, 56AH - 3No.
91 Secretary agricultural producer Jhansi 112 8 48V, 56AH - 4No.
92 District Agriculture Defence officer Civil line Jhansi 62.9 3 48V, 30AH - 2No.
93 District Agriculture Defence officer Jhansi 95.5 3 48V, 30AH - 2No.
94 Agricultural office near speed house 109 2 48V, 56AH - 1No.
Sales Tax Department
95 Sales Tax Office 297 3 48V, 30AH - 2No.
Water Corporation Department
96 Manufactured Branch U.P. Water corporation near by TV Hospital
295 7 48V, 56AH - 3No. 97 Executive Engineer town near TB Hospital
98 Executive Engineer Contaction water Corporation life saha Jhansi
99 Project Manegar world bank Water Corporation colony Jhansi 102 4 48V, 56AH - 2No.
100 Executive Engineer Water Corporation Quarter no. 1 Water Corporation colony, Jhansi
282 1 48V, 30AH - 1No.
101 Shri Kamta Prashad s/o Shri Govind das Block- A, tipe- 4 near by water corporation colony Gwalior Road Jhansi
282 1 48V, 30AH - 1No.
102 Executive Engineer U.P. Water Corporation Gwalior Road, Jhansi 206 3 48V, 30AH - 2No.
Harijan Department
103 Harijan Kalyan office Student Hostel Jhansi 56 2 48V, 56AH - 1No.
104 Government Harijan Hostel, Jhansi 157 6 48V, 56AH - 3No.
105 District Harijan Officer government Girls Hostel 79 6 48V, 56AH - 3No.
106 Civil Defence Jhansi 235 15 48V, 56AH - 6No.
107 Deputy Officer Jhansi
Irrigation Department
108 Executive Engineer irrigational, near betwa canal, jhansi
515.7 20 48V, 56AH - 8No. 109 Executive Engineer irrigational, jhansi
110 Executive Engineer irrigational, jhansi
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 185 of 194 JSCL, Jhansi (UP)
S.NO. Building Name
111 Executive Engineer betwa canal, jhansi
112 Executive Engineer betwa canal, jhansi
113 Executive Engineer irrigational, jhansi
114 Executive Engineer irrigational, near betwa canal, jhansi
115 Executive Engineer irrigational, near betwa canal, jhansi
116 Assistant Engineer betwa bhawan, jhansi
117 Chief Engineer Irrigation Dept., betwa bhawan, jhansi
118 Executive Engineer mata tila division, jhansi
23.4 2 48V, 56AH - 1No.
119 Executive Engineer mata tila division, jhansi
120 Assistant Engineer mata tila sub-division, jhansi
121 Assistant Engineer mata tila division- Third, jhansi
122 Assistant Engineer -sector, 53/1, civil lines, jhansi
123 Assistant Engineer mata tila hydel colony, jhansi
124 Executive Engineer I.C.D-Second, Jhansi 58 3 48V, 30AH - 2No.
125 Pump house sukwan dhukwan colony 20 6 48V, 56AH - 3No.
126 Pump house sukwan dhukwan colony
Government Department Pending Funds
127 SSP Office 573.9 45 48V, 56AH - 18No.
128 Police Station Sadar Bazar 77.5 2 48V, 56AH - 1No.
129 Thanna Sipri Bazar 159 10 48V, 56AH - 4No.
130 Kotwali city Jhansi 406 10 48V, 56AH - 4No.
131 DIG Police Office 80.9 2 48V, 56AH - 1No.
132 Fire Station 201 12 48V, 56AH - 5No.
133 Mahila Thana (P1) 205.1 1 48V, 30AH - 1No.
134 Police line nai barack (P2) 406 1 48V, 30AH - 1No.
135 Police Club (P3) 40.8 1 48V, 30AH - 1No.
136 Superintendent of police office (P4) 115 1 48V, 30AH - 1No.
Sports Department
137 Dhyanchand Stadium 213 20 48V, 56AH - 8No.
138 Regional sport office Jhansi
Total area 106895.5 650
Please Note: The list of buildings given above is as per the current requirement, the same is
subject to change at any time at the discretion of Jhansi Smart City Limited and the above
Battery details is tentative only, Bidder have to design the Battery size for 1 Hours Back Up.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 186 of 194 JSCL, Jhansi (UP)
Section XI - Approved Make
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 187 of 194 JSCL, Jhansi (UP)
BIS Approved & reputed make as per MNRE to be used and all the items should meet the
technical specification & standards in RFP.
Sl. No. Material Preffered Make
1 Solar Panel and accessories BHEL, BEL, Vikram Solar, Tata, Microtek, Sukam,
Goldigreen, XL Energy or BIS approved
manufacturer
2 Solar Hybrid Inverter / PCU Sukam, Microtek, Statcon, Vispara Solar, Vitronics
Controls, Delta Control, Exide, Luminious, Flin
Energy, UTL, EAPRO or BIS approved manufacturer
3 Energy meter Secure, Meco, Emco, HPL, Vtronics, Discom (as
DVVNL) / BIS approved manufacturer
4 Battery BIS approved manufacturer, Exide, HBL, Amar Raja,
Okaya, Microtek, Luminious, Sukam
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 188 of 194 JSCL, Jhansi (UP)
Section XII – Tender Drawings
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 189 of 194 JSCL, Jhansi (UP)
Successful Bidder will conduct the survey work of selected building and preapare and
submit the detail design drawings with support calculation for installation details of Solar
Panel at roof of building for approval.
Drawings / Illustration of Rooftop Solar plant:
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 190 of 194 JSCL, Jhansi (UP)
Volume - 4
Financial Bid
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 191 of 194 JSCL, Jhansi (UP)
Section - XIII
Preamble to Bill of Quantities,
Abbreviations and Definitions
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 192 of 194 JSCL, Jhansi (UP)
Preamble to Financial Bid (Bill of Quantities)
1. Introduction
A) The bidder shall quote his offer/rates for the work under this package in the BOQ downloaded from web site only and rates quoted on other BOQ or on old BOQ (if any) shall not be considered. The bidders are advice to up load the financial bid on latest BOQ downloaded from Web site.
B) Unless stated otherwise, all rates entered in the Bill of quantities shall be deemed to include the following:
(a) Labour and all costs in connection with the execution, completion, testing and commissioning of the work.
(b) The supply of materials, goods, storage and all costs in connection there with including wastage, shrinkage and delivery to Site.
(c) Plant, equipment and all costs in connection there with.
(d) Sampling and testing materials and goods, testing workmanship, providing, storing, packing and transporting samples to and from the place of testing.
(e) Fixing, erecting, installing or placing of materials and goods in position.
(f) Disposing of surplus and unsuitable materials and goods and excavated materials, including stacking, storing, loading, transporting and unloading.
(g) All Temporary Works
(h) All general obligations, liabilities and risks involved in the execution and maintenance of the Works set forth or reasonably implied in the documents on which the Tender is based.
(i) Establishment charges, overheads and profits.
(j) Co-operating with other contractors if required.
2. General 2.1. The Contractor shall be deemed to have read and examined the Tender Documents before
quoting the PERCENTAGE /ITEM RATE /LUMPSUM/TURNKEY RATES as per Tender
Documents in BOQ and as mentioned in Tender Document Section V (Eligible Countries). The
Drawings, Specifications, Schedules etc. are to be considered as explanatory of each other and
no advantage shall be taken of any omission in tender documents.
2.2. The Contractor shall be deemed to be fully conversant with and to have made full allowance in
his Tender for the site conditions, the nature and complexity of the work to be undertaken, the
other extensive development and construction work currently being or which may be executed on
and around the Site and all changes in the nature and condition of the Site from that existing at
the time of Tender.
2.3. The rates quoted in the schedule shall be the all inclusive value for the work described in tender
document and be deemed to include for all the Contractor‟s liabilities and obligations and all risks
set forth or implied in the document and all matters and things necessary for the proper
construction, of the Works including setting out, plant, labour, supervisor, materials, erection,
maintenance, insurance, profit, taxes and duties together with all general risks liabilities and
obligations set out or implied in the Contract.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 193 of 194 JSCL, Jhansi (UP)
2.4. Disposal of all excavated material shall be including of all lead and lift and re-handling to disposal
point as directed by EIC.
2.5. Items Incidental to Work:
Following is the list of items (Indicative Only) incidental to work which are to be executed by
Contractor but no separate payment shall be made. This also includes any material, equipment,
appliances and incidental work not specifically mentioned herein or noted on the
Drawings/Documents as being furnished or installed, but which are necessary and customary to
be performed under this contract.
S. No Items Incidental to Work (Indicative Only) i. Surveys
ii. Design & Engineering works
iii. As built drawings
iv. Project Staff and manpower
v. Project Office and Laboratory
vi. Construction safety equipments
vii. Environmental and social safeguard compliances
viii. Water Supply
ix. Power Supply
x. Any other item necessary and customary to be performed under this contract.
All items under package shall be ISI marked for which ISI Mark is available.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
Government Buildings/offices at Jhansi Smart City Project under CAPEX model, Jhansi (UP)
Signature of Bidder Page 194 of 194 JSCL, Jhansi (UP)
List of Abbreviations and Definitions
Abbreviations used in Bill of quantities and Rates have the meanings shown below.
ABD Area Based Development
AMC Annual Maintenance Contract
BCA Bachelors in Computer Application
BEC Bid Evaluation Committee
CAMC Comprehensive Annual Maintenance Contract
CBSE Central Board of Secondary Education
CCTV Closed Circuit Television
CEO Chief Executive Officer
DB Distribution Board
DCR Domestic Content Requirement
DLP Digital Light Processing
DMC Jhansi Municipal Corporation
JSCL Jhansi Smart City Limited
DVD Digital Video Disc
DVR Digital Video Recorder
EMD Earnest Money Deposit
FAQs Frequently Asked Questions
FF Fill Factor
Fm Financial Proposal
FW Financial Score Weightage
GCC General Conditions of Contract
HD High Definition
HDMI High-Definition Multimedia Interface
HP Himachal Pradesh
IEC International Electrochemical Commission
INR Indian Rupees
IP Internet Protocol
IR Infra Red
JNNSM Jawaharlal Nehru National Solar Mission
KVA kilo-volt-ampere
KWP Killo Watt peak
LED Light Emitting Diode
LoA Letter of Acceptance
MBPS Megabytes per Second
MCA Master of Computer Applications
MCB Miniature Circuit Breaker
MD Managing Director
MDF Medium-density Fibreboard
MNRE Ministry of New and Renewable Energy
MPPT Maximum Power Point Tracker
NCERT National Council of Educational Research and Training
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 195 of 194 JSCL, Jhansi (UP)
NEFT National Electronic Fund Transfer
NIT Notice Inviting Tender
O&M Operation and Maintenance
OEM Original Equipment Manufacturer
PBG Performance Bank Guarantee
PCP Pan-City Proposals
PCU Power Conditioning Unit
PMPO Peak Music Power Output
POC Proof of Concept
PVC Poly Vinyl Chloride
RAM Random-access memory
RFP Request for proposal
RTGS Real-Time Gross Settlement
SCP Smart City Proposal
Sf Financial Score
SMPS Switched-Mode Power Supply
SPOC Single Point of Contact
SPV Solar Photovoltaic
St Technical Score
TB Terabyte
TCB Total Cost of Bid
TW Technical Score Weightage
UPS Uninterruptible Power Supply
USB Universal Serial Bus
VDSL Very-high-bit-rate digital subscriber line
VGA Video Graphics Array
VWB Visual White Board
Mm Millimeter
Cm Centimeter
WBM Water bound Macadam road
IRC Indian Road Congress
KM Kilometer
CC Cement Concrete
Sqm Square Meter
CM Cement Mortar
Cum Cubic Meter
SFRC Steel Fiber Reinforced Concrete
MT Metric Tones
MoRTH Ministry of Shipping Road Transport And Highways
SWG Standard Wire Gauge
BoQ Bill of Quantity and Prices
RM Running Meter
No. Numbers
CI Cast Iron
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 196 of 194 JSCL, Jhansi (UP)
MS Mild Steel
RCC Reinforced Cement Concrete
Wt Weight
Kg Kilogram
L.S. Lump sum
Dia. Diameter
SW Storm water
GMS Galvanized Mild Steel
DI Ductile Iron
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 197 of 194 JSCL, Jhansi (UP)
Definitions: In this ―Bid / RFP Document‖ the following words and expression will have the meaning as herein defined where the context so admits ―1 MWp‖ for the purpose of conversion in kWp shall be considered as 1000 kWp. ―Affiliate‖ shall mean a company that either directly or indirectly a. controls or b. is controlled by or c. is under common control with d. A Bidding Company and ―control‖ means ownership by one company of at least twenty-six percent (26%) of the voting rights of the other company.
―ABD‖ Shall mean Area Based Development in the Jhansi Smart city proposals.
"B.I.S" shall mean specifications of Bureau of Indian Standards (BIS);
―Bid / Tender‖ shall mean the Techno Commercial and Price Bid submitted by the Bidder along with all documents / credentials / attachments / annexure etc., in response to this RFP, in accordance with the terms and conditions hereof.
―Bidder / Bidding Company‖ shall mean Bidding Company submitting the Bid. Any reference to the Bidder includes Bidding Company / including its successors, executors and permitted assigns as the context may require;
―Bid Deadline‖ shall mean the last date and time for submission of Bid in response to this RFP as specified in Bid Information Sheet;
―Bid Capacity‖ shall means capacity offered by the bidder in his Bid under invitation.
―BoQ‖ Bill of Quantity
―CEA‖ shall mean Central Electricity Authority.
“Chartered Accountant‖ shall mean a person practicing in India or a firm whereof all the partners practicing in India as a Chartered Accountant(s) within the meaning of the Chartered Accountants Act, 1949;
―Capacity Utilization Factor‖ (CUF) shall mean the ratio of actual energy generated by Solar Photovoltaic project over the year to the equivalent energy output at its rated capacity over the yearly period. (CUF = actual annual energy generated from the plant in kWh /(installed plant capacity in kWp * 365 * 24). ―Competent Authority‘‘ shall mean Managing Director cum CEO of JHANSI SMART CITY LIMITED himself and / or a person or group of persons nominated by Managing Director / CEO for the mentioned purpose herein; ―Commencement Date‖ shall be the same as contract date.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 198 of 194 JSCL, Jhansi (UP)
―Commissioning‖ means Successful operation of the Project / Works by the successful Bidder, for the purpose of carrying out Performance Test(s) as defined in RFP. ―Company‖ shall mean a body incorporated in India under the Companies Act, 1956 or Companies Act, 2013 including any amendment thereto; ―Contract‖ Agreement made between JSCL and the selected bidder on issue of LOA. ―Contract date‖ Date of signing the contract ―Contract Amount‖ The total price quoted by the selected bidder ―EMD‖ Earnest Money Deposit ―DVVNL‖ means Dakshinchal Vidhyut Vitran Nigam Ltd. "IEC" shall mean specifications of International Electro-Technical Commission; ―JSCL‖ Jhansi Smart City Limited "kWp" shall mean kilo-Watt Peak; "kWh" shall mean kilo-Watt-hour; ―LoA‖ letter of acceptance "MNRE" shall mean Ministry of New and Renewable Energy, Government of India; ―Price Bid‖ shall mean the Bidder‘s quoted Price as per the Section - IV of this RFP; "O&M" shall mean Operation & Maintenance of 5 years for CAPEX model of Rooftop Solar
PV system. ―PBG‖ Performance Bank Guarantee “PV‖ means Photovoltaic "RFP" shall mean Request for Selection (RFP) / Bid document / Tender document ―Rooftop Solar PV‖ shall mean the Solar PV systems installed on the Flat / Sloped roof/ ground shall be covered under this scheme. “Wp‖ shall mean Watt Peak.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 199 of 194 JSCL, Jhansi (UP)
Interpretations:
1. Words comprising the singular shall include the plural & vice versa. 2. An applicable law shall be construed as reference to such applicable law including its
amendments or re-enactments from time to time. 3. A time of day shall save as otherwise provided in any agreement or document be construed as
a reference to Indian Standard Time. 4. Different parts of this contract are to be taken as mutually explanatory and supplementary to
each other and if there is any differentiation between or among the parts of this contract, they shall be interpreted in a harmonious manner so as to give effect to each part.
5. The table of contents and any headings or sub headings in the contract has been inserted for case of reference only & shall not affect the interpretation of this agreement.
Design, Engineering, Supply, Installation, Testing, Commissioning, 5 year comprehensive Operation & Maintenance of Hybrid Type Rooftop Solar Photovoltaic Power Plants with Zero Export Device on
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Signature of Bidder Page 200 of 194 JSCL, Jhansi (UP)
Section - XIV
Bill of Quantities
Attached separately in e-portal ―https://etender.up.nic.in‖.