1

INVITATION FOR BID PROPOSAL

{Domestic Competitive Bidding}

(THROUGH E-PROCUREMENT)

FOR

APPOINTMENT OF CONSULTANT

FOR

ASSISTING SJVN IN TARIFF BIDDING FOR ITS

SELECTION AS DEVELOPER FOR 900 MW

BANDU PSP

ON

DESIGN, BUILD, FINANCE, OPERATE &

TRANSFER BASIS

Tender No.: DCB-CCD-BANDU-757-01

SHIMLA FEBRUARY 2020

SJVN Limited (A Joint Venture of Govt. of India & Govt. of Himachal Pradesh)

(An ISO-9001-2015, Mini Ratna & Schedule-A PSU)

Corporate Head Quarters: Shanan

SHIMLA – 171006 (H.P.), INDIA

CIN: L4010HP1988GOI008409

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CONTENTS

Sr. No. Description

Section-1 Notice Inviting Tender

Section-2 Instruction to Bidders

Section-3 Terms of Reference

Section-4 General Conditions of Contract (GCC)

Section-5 Price Schedule

Section-6 Tender and Contract Forms

Section-7 Integrity Pact

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SECTION-1

NOTICE INVITING TENDER

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SJVN Limited (A Joint Venture of Govt. of India & Govt. of H.P.)

A Mini Ratna & Schedule ‘A’PSU

CIN: 40101HP1988GOI008409

PRESS NOTICE

E-Tender No.: DCB-CCD-BANDU-757-01

On behalf of SJVN Ltd., online Open Tenders (e-tender) on Domestic Competitive Bidding are invited for “Appointment of Consultant for Assisting SJVN in Tariff Bidding for its Selection as Developer for 900 MW BANDU PSP on Design, Build, Finance, Operate & Transfer Basis.”

For details, visit websites www.sjvn.nic.in, https://sjvn.abcprocure.com and

www.eprocure.gov.in w.e.f. 12.02.2020 (18:00 Hrs). Last date for bid submission is

05.03.2020 (13:00 Hrs). Amendments, if any, shall be issued on websites only.

For and on behalf of SJVN Ltd.

Sd/- HOD (Civil Contracts)

SJVN Corporate Headquarter Shanan, Shimla-171006 (H.P.)

E-mail: civilcontract@sjvn.nic.in.

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SJVN Limited

(A Joint venture of Govt. of India and Govt. of H.P)

A Mini Ratna & Schedule 'A' PSU

CIN: L40101HP1988GOI008409

No.: DCB-CCD-BANDU-757-01 Dated:

NOTICE INVITING E- TENDER (NIT)

1.0

SJVN Ltd. invites Open Tenders on E-mode from the eligible firms, Autonomous

Body, Institution or a Government Body or a Firm / Company incorporated in India (a

joint bid / Consortium / Sub-consultant is not allowed): -

Sr.No Description Details

1.0 Tender No DCB-CCD-BANDU-757-01

2.0 Name of Service Appointment of Consultant For

Assisting SJVN in Tariff Bidding for its

Selection as Developer for 900 MW

BANDU PSP on Design, Build,

Finance, Operate & Transfer basis.

3.0 Cost of Tender Document NIL

4.0 Time for Completion Twelve Months

5.0 Earnest Money Deposit*- To be

paid as per procedure laid down

here in under.

INR 58,000/-

(INR Fifty Eight Thousand only)

6.0 Important Dates and Time

6.1 Date and time for availability of

Tender document on website i.e.

https://sjvn.abcprocure.com

12/02/2020 (18:00 Hrs)

to

04/03/2020 (13:00 Hrs)

6.2 Time, Date and Place of Pre-bid

Meeting

Time 11:00 Hrs,

Date: 24/02/2020

At SJVN Ltd. 6th Floor, Tower 1,

NBCC Office Complex, East Kidwai

Nagar, Delhi - 110023.

6.3 Deadline for uploading of

Technical as well as Financial Bid

on SJVN’s E-tender Portal :

https://sjvn.abcprocure.com and

i. For online submission

Date: 05/03/2020 (13:00 Hrs)

ii. For documents in physical form

Date: 12/03/2020 (18:00 Hrs)

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submission of documents in

physical form

6.4 Time and Date for opening

Technical Bid (s)

Date: 05/03/2020 Time 15:00 Hrs

6.5 Time and Date of opening

Financial Bid (s)

The date of opening of Financial bid

will be informed separately to the

bidders whose Technical bid will be

found responsive.

7.0 Place of opening Bid (s) Corporate Civil Contract Department,

2nd Floor, SJVN Corporate Head

Quarters, Shanan, Shimla.

8.0 Authority / Officer inviting

Tender

HOD/CGM (Civil Contract)

Address: Corporate Civil Contract

Department, 2nd Floor, SJVN

Corporate Head Quarters, Shanan,

Shimla.

Phone No.: 0177 2660161

Fax No:0177 2660164

E-mail: civilcontract@sjvn.nic.in

*Small Scale Units registered with the National Small Industries Corporation (NSIC)

under their single point Registration Scheme of the stores /work are exempted from

furnishing the cost of tender document fees and bid security deposit. Further, Micro

and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by

Department of Micro, Small and Medium Enterprises (MSME) or registered with

Central Purchase Organization or the concerned ministry or department are also

exempted from furnishing the cost of tender document fees or bid security. They

should furnish an attested scanned copy (by authorized representative) of the valid

registration NSIC/MSME Certificate /Udyog Aadhaar Memorandum number to avail

the benefits. No other Bidder is exempted from furnishing cost of tender fee and bid

security as mentioned above.

2.0 Bidding Mode

Bidders are required to Bid through SJVN’s E-Tender portal

https://sjvn.abcprocure.com.

3.0 Qualification Requirement

The Qualification requirements are as per Clause No.3 of Section -2, Instructions to

Bidder (ITB).

4.0 Registration for e-tendering / method of applying

To participate in online tenders published on https:/sjvn.abcprocure.com bidder

needs to register on website.

Steps for New Bidder Registration:

1. Click on a “New Bidder Registration” link available on home page.

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2. You need to furnish individual details as well as of company details in

registration form.

3. After filling all mandatory fields, you need to click on “submit” button to complete

registration process.

4. On successful completion of registration, you will be prompted a message

saying that “You have successfully registered on (SJVN Limited)’s e-

Procurement Portal”

* Already valid registered vendor of SJVN Limited need not follow registration

formality they may contact support team on contact details provided at the end

of the document for further participation.

4.1 Downloading Tender Document

Bidder to access e-Tender portal of SJVN (https://sjvn.abcprocure.com ) to access

Tender document, after completing registration formality and successful login, bidder

can download Tender Document. Download Document link is available at the end of

every tender notice along with access to Corrigendum.

Contact Details

Bidders may contact below mention official in case of any assistance require with

respect to accessing of e-Tendering portal and bid submission.

Mr. – Nitesh Sharma

Ph : +91 9265562822 e-Mail:- nitesh.vashist@eptl.in

Mr. Raman

Ph: +919265562832, e-mail :support@abcprocure.com

(for registration and Digital Signature)

4.2 Digital Signatures

For participating in E-tendering i.e. for login, uploading & downloading the Tender

document or for submitting the Bid on E-mode, the bidder has to procure a Digital

Signature/Digital Security Certificate. Digital signature can be obtained from any of

the authorized agencies of CCA (Controller of Certifying authorities) from GNFC,

TCS, MTNL, Safe Scrypt etc. For this a separate processing fee would be payable to

the authorized agency of CCA.

Bidders shall be required to arrange all resources, including Digital Signature and

Internet Connections at their own cost, for participating in online tenders/ bids at

SJVN’s E-Procurement portal.

4.3 All the bidders are requested to get themselves registered well in advance and no

extra time will be considered for the delay in on-line Vendor Registration, if any. In

case bidders wait till the last moment for registration/uploading of Bids, and if any

technical problem is encountered at that time and the closing time may elapse, SJVN

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Ltd. shall not be responsible in any manner for such delay/ or any other reason

thereof.

4.4 General System Configuration Required (for E- Tendering) as under:

i) An Internet connection with minimum 512 Kbps speed.

ii) Operating System should be Windows XP Service Pack -3 / Vista / Windows

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iii) Supported Browsers: Internet explorer – 7.0, 8.0 &9.0

iv) Minimum bandwidth 512 kbps

v) Operating System Core2 Duo / I3 / I5 (Recommended)

vi) System Access with Administrator Rights

vii) Minimum RAM 2 GB

viii) Digital Certificate: To participate in an e-Tender, you need to have a valid

Digital Certificate from certifying authority of India as per the IT Act, 2000.

Valid Digital Certificate must be installed in a computer system from where you want

to login on website. Perform the below steps to confirm whether valid digital

certificate is available on your computer system or not:

Steps

Open Internet Explorer.

Select Tools menu from menu bar. OR (Press Alt + T on your keyboard)

Click on Internet Options >> Content >> Certificate button.

You should view your digital certificate under “Personal” heading.

Requirement of Digital Signature Certificate

Please enable ActiveX Controls & Plug-ins. (Tools->Internet Options-> Security-

>Custom Level)

Active-X controls need to be enabled in your Internet browser. In order to ensure

this, please do the following:

1. In Menu Bar ---Click on Tools - Internet Options – Security – Click on Trusted

Sites Icon – Click on Sites button. Add 2 Website in Trusted Sites.

i. https://sjvn.abcprocure.com

ii. https://www.tpsl-india.in

2. After that, click on Tools menu of Internet explorer - Internet Options – Security –

Click on Internet Icon.

3. After Click on Custom Level button – From below ActiveX controls and plug-ins --

-- Select below 5 Items to enabled

i. Download signed ActiveX controls –select Prompt or Enable

ii. Download unsigned ActiveX controls – select Prompt or Enable

iii. Initialize and script ActiveX controls not marked as safe for scripting – select

Prompt or Enable

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iv. Run ActiveX controls and plug-ins-select Enable

v. Script ActiveX controls marked safe for scripting – select Enable.

4. After completing this above selection---Reset custom settings---Reset To: Select

low or medium ---Click on OK

Also, please check your system Date & Time it should be set as current date &

time.

5. In case of Digital Certificate based Login, user need to download & install

"Signer" file available under Download Section at https://sjvn.abcprocure.com

Download & Install "Intermediary Certificate" available under Download Section at

https://sjvn.abcprocure.com

6. Please disable or uninstall Third Party Toolbar / Add-ons from Browser.

4.5 Procedure for E-Payment: (For EMD) Bidders can make online payment using below facilities:

a. Credit Card

b. Debit Card

c. Net Banking

d. NEFT/RTGS

Credit Card/Debit Card/ Net Banking:-

Bidder is required to add https://www.tpsl-india.in website in Trusted Zone as

suggested above.

Bidder needs to feed correct details while making the payment through online

payment gateway.

NEFT/RTGS:

To make payment through NEFT/RTGS, bidders will get an auto generated e-

Mail which contains details of their Unique Bidder Code and when and how to do

RTGS/NEFT and details pertaining to it. This information will also be available on

screen under heading of “NEFT/RTGS Instruction” once bidder gets login.

Once bidder deposit amount in Beneficiary account number provided to them,

while making payment for EMD by RTGS/NEFT payment option at the EMD

payment screen, bidder shall be able to view the funds already remitted by

him/her through NEFT/RTGS as available. Please proceed to make the payment.

Upon doing so, the required amount to be paid through the EMD, shall get

appropriately deducted from the available balance and payment shall be

confirmed in real time.

This facility allows you to transfer lump sum amount to your Bidder ID account

number as mentioned above via RTGS/NEFT. Bidder would be able to use the

funds as and when require till the time balance is available in Bidder ID. Also,

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Bidder can transfer more amount as and when he/she require. Kindly note that

the payment via RTGS/NEFT is required to be made one working day in advance

in order to make it available in your Bidder ID. Hence please ensure that Bidder

remit funds at least one day in advance before he/she would like to make the

EMD payment through RTGS/NEFT option on payment gateway.

Caution: Please ensure that your need to mention the correct beneficiary

account number and IFSC code as mentioned above while making payment via

RTGS/NEFT. In the event of funds remitted to wrong beneficiary account

number, SJVN Limited or its Bank or its service provider shall not be responsible

for the same.

Note: The Bidder needs to furnish the EMD through online payment only.

5.0 At any time before the submission of Bids, SJVN may modify/ amend the Tender

document and extend the last date of submission/opening of the Bid and any other

key dates by issuing a corrigendum/addendum and such corrigendum/addendum to

this notice as well as to the Tender document shall be made available to the Bidders.

Any Corrigendum /Addendum thus issued shall form part of tender document.

To give prospective bidders reasonable time in which to take an addendum into

account in preparing their bids, the Employer shall extend, as necessary, the deadline

for submission of bids.

6.0 Submission Of Bid (s)

6.1 Through E-Mode

Bidder needs to login first on the tendering portal of SJVN (i.e.

https://sjvn.abcprocure.com)

Search tender by filling necessary searching criteria after Login.

After finding the tender on the screen, Click on the “Dashboard”

Click on “Declaration” & then Click on “I Agree”

Click on the “EMD” & Pay the EMD as per Tender document.

Click on “Prepare Bid” & Fill necessary Forms (Schedules)

After filling Price Bid Form click on “Final Encrypt”

After filling all forms & final Encryption of Price bid Click on “Final Submission”

After Final Submission bidder will get receipt of Final Submission of their Bid

The bid/bids (except the documents specified in clause 6.2 below) sent through

post/ courier or by hand will not be considered / accepted.

6.2 In Physical Form

The bidder shall submit the Technical and financial bid through e-mode. However,

the Bidder shall also upload the scanned copies of the following documents along

with technical bid through e-mode. The original of the same shall have to be

submitted by the deadline of submission of physical documents indicated in the NIT in

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a sealed envelope through post / courier or by hand on the address of HOD/CGM

(Civil Contract), SJVN Corporate Head Quarters, Shanan, Shimla, failing which the

financial bid will not be opened: -

I. Power of Attorney

Duly notarized copy of Power of Attorney in original of the signatory of the Bid to

commit the Bidder shall be as below:-

i. In case of a General Power of Attorney, a true copy of the POA shall be duly

notarized by Notary Public along with a declaration from the Company Secretary

/Corporate Secretary endorsing the validity of the Power of Attorney.

ii. In case of a specific Power of Attorney, the original POA along with a copy of

the resolution of Board of Directors for the specific appointment. In case of

delegation by a General POA holder, the documents as sought under i) above

shall be submitted along with the original specific POA.

The legally authorized signatory having notarized Power of Attorney shall carry out

bidding process through portal under his own Digital Signature Certificate (DSC).

The Bid should be signed/uploaded by legally authorized signatory only under his

own DSC as under:-.

a) If the tender is submitted by an individual, it shall be signed by the proprietor

above his full name and name of the firm with its current business address.

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

proprietor above his full name and full name of the firm with its current business

address.

c) If tender is submitted by a firm in partnership, it shall be signed by a partner

holding the power of attorney for the firm for signing the tender, in which case a

certified copy of the power of attorney shall accompany the tender. A certified

copy of partnership deed duly registered and current business address of all the

partners of the firm shall also accompany the tender.

d) If the tender is submitted by a limited company or a limited corporation, it

shall be signed by a duly authorized person holding the power of attorney or any

other legally valid document for signing the tender, in which case a certified copy

of the power of attorney or any such legally valid document shall accompany the

tender.

e) All witnesses shall be persons of status and their full names, occupations and

addresses shall be stated below their signatures.

II. Integrity Pact

All pages of Integrity Pact duly signed by authorized signatory of the Employer at

the time of issue of Tender Document, shall be signed by the authorized

representative of the Bidder while submitting the bid in accordance with ITB.

III. Undertaking in respect of blacklisting of Bidder in accordance with Annex-B to

Integrity Pact in ‘Form of Declaration of Eligibility Undertaking’.

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IV. Copy of valid NSIC Certificate/UAM No. (if applicable) in case Bidder wishes to

avail the benefits available to MSMEs.

7.0 The bids submitted by the bidders shall remain valid for acceptance for a period of

one hundred eighty (180) days from the date of opening of bids. If any Bidder

withdraws his bid before the said period or makes any modifications in the terms and

conditions of the bid, the Employer shall forfeit the said Earnest Money.

8.0 Successful bidder will have to submit PAN, EPF Number and GST no. (if, applicable)

from the respective authorities as per statutory rules and regulation within 15 days of

issuance of Letter of Acceptance.

9.0 Employer reserves the right to cancel the tendering process at any time before award

of work.

10.0 For any enquiry/clarification for registration etc. bidders may contact at the following

address:-

Sr. AGM (Civil Contracts)

Address: Corporate Civil Contract Department,

2nd Floor, SJVN Corporate Head Quarters, Shanan, Shimla.

Phone No.: 0177 2660162

Fax No. 0177 2660164

Email: civilcontract@sjvn.nic.in

11.0 All submissions/ correspondence /clarification to Tender Document and any other

information, with regard to the above shall be made at the following Address:

HOD/CGM (Civil Contract)

Address: Corporate Civil Contract Department,

2nd Floor, SJVN Corporate Head Quarters, Shanan, Shimla.

Phone No.: 0177 2660161 Fax No: 0177 2660164

E-mail: civilcontract@sjvn.nic.in

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SECTION-2

INSTRUCTION TO BIDDERS (ITB)

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INSTRUCTION TO BIDDERS (ITB)

1.0 Introduction

SJVN Limited (A Joint venture of Govt. Of India and Govt. of Himachal Pradesh),

Schedule ‘A’ Mini Ratna was incorporated in the year 1988 for Construction and

Operation of Nathpa Jhakri HEP. With successful commissioning of NJHPS (1500

MW) & RHPS (412 MW), SJVN was entrusted with Construction and Operation of

more projects in the State of Himachal Pradesh, other States in India and

Neighboring Countries. SJVN is fast emerging as a major power player in the country.

SJVN has pool of outstanding Engineers and talented manpower that have been

translating big dreams into reality since commissioning of Nathpa Jhakri HPS &

Rampur HPS and now have become experienced enough to tackle all sorts of

challenges anticipated in development of such projects in typical Himalayan geology.

SJVN has expanded its horizons and envisions developing itself into a fully diversified

trans-national Power Sector Company in all types of conventional & non-conventional

forms of energy and in Power Transmission. SJVN today has a footprint in a

diversified set of power projects. The present installed capacity of SJVN is 2015.2

MW comprising of 1912 MW of Hydropower (generating from 1500 MW Nathpa

Jhakri HPS + 412 MW Rampur HPS in Himachal Pradesh) and 97.6 MW of Wind

Power (generating from 47.6 MW Khirvire WPP in Maharashtra & 50 MW Sadla WPP

in Gujarat) and 5.6 MW Charanaka Solar Plant in Gujarat. In addition, 86 ckm 400 kV

Transmission Line (CPTC- JV -26%) for trade between Nepal & India is also in

operation. The Company, at present, is implementing (under various stages of

development) 11 Hydro Power Projects with proposed capacity totalling 4,027 MW (8

Projects- 2,557 MW in India and 3 Projects of 2070 MW in neighboring countries of

Nepal & Bhutan), one 1320 MW Thermal Power Project at Buxar in state of Bihar.

SJVN is also a JV partner in Cross Border Transmission Company Ltd. (CPTC) Ltd.

with Power Grid, IL&FS, and Nepal Electricity Authority in operation of 86 ckm long

400 kV double circuit Indo-Nepal Cross Border Power Transmission corridor between

Sursand (Nepal) and Muzaffarpur (India). In addition to above, for evacuation of

power from Arun-3 HE Project, the Nepal portion of transmission line (217 ckm)

starting from generating station (Didling) upto Bathnaha (Indo-Nepal Border) &

extension of Dhalkebar sub-station shall be executed by SAPDC (A wholly owned

subsidiary of SJVN) through Project Management Consultancy by PGCIL. All these

projects are associated with numerous activities, which will bring enhanced

development of the concerned area and people around. The company is striving to

give shape to its aspirations and committed to increase its Geo-strategic reach in

Operations.

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The SJVN Ltd. hereinafter referred to as SJVN (hereinafter called the Employer)

invites bids for Appointment of Consultant For Assisting SJVN in Tariff Bidding for its

Selection as Developer for 900 MW BANDU PSP on Design, Build, Finance, Operate

& Transfer basis and referred to as “the Services”. The name and identification

number of the services is provided in the NIT. The bidders may submit bids for the

services/Scope of Work detailed in Section-3, Terms of Reference.

2.0 Background

West Bengal State Electricity Distribution Company Ltd. have invited globally for

participation in the bidding process for their selection as a developer for setting up of

900 (4 x 225) MW Bandu Pumped Storage Project near Ayodhya village in Purulia

district of West Bengal, India through Public Private Partnership on Design, Build,

Finance, Operate and Transfer (DBFOT) Basis. The utility (WBSEDCL) shall procure

electricity generated from the project for a period of 35 years during peak hours of the

day after 18:00 Hrs in the evening (PPA commitment). The PPA commitment shall be

for 5 (five) hours during March to October and 1/3rd (One third) of above during

November to February months of year. The utility shall provide energy for pumping to

the extent of PPA commitment or developer can also arrange pumping energy on its

own.

SJVN is participating in above bidding process and intend to be selected as

developer for 900 MW Bandu PSP as per the bidding terms and conditions.

In its endeavor, SJVN intends to engage a Consultant to undertake study for

‘’Economic Valuation’’, determining ‘Commercial Feasibility’ and assisting SJVN

in ‘’Tariff Bidding’’ for its selection as developer for 900 MW Bandu Pumped Storage

Project on Design, Build, Finance Operate & Transfer (DBFOT) basis.

3.0 Qualification Requirement

3.1 This Invitation for Bid is open to all National/Domestic bidders who meet the

Qualification Criteria as defined in Clause 3.2, 3.3 & 9.2.2 of this Section i.e.

“Section-2 Instruction to Bidders”

3.2 Bidders should not be under a declaration of ineligibility for corrupt and fraudulent

practices by the Central Government, the State Government or any public

undertaking, autonomous body, authority by whatever name called under the Central

or the State Government. Bidders should not have been banned/ de-listed/ black

listed/ debarred from business by Ministry of Power, Government of India/any

PSU/any Government Department during the last 03 (three) years on grounds of

corrupt/fraudulent practices and/or by Ministry of Power, Government of India/SJVN

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on any grounds. An undertaking to this effect shall be furnished by the Consultant as

per the format attached (Annex-B).

3.3 Minimum Qualifying requirement of the bidder

Must be an Autonomous Body, Institution or a Government Body or a Firm /

Company incorporated in India. A joint bid / Consortium / Sub-consultant is not

allowed.

3.3.1 General Requirement

Experience of having successfully completed similar consultancy services during last

7 years ending last day of month previous to the one in which NIT is issued should be

either of the following: -

a) Three similar* completed consultancy services each costing not less than the

amount equal to INR 12 Lakhs.

b) Two similar* completed consultancy services each costing not less than the

amount equal to INR 15 Lakhs.

c) One similar* completed consultancy services costing not less than the amount

equal to INR 24 Lakhs.

*Similar completed Consultancy Services may be any of the following defined

hereunder:

1) Economic Analysis / Valuation of Power Project

2) Tariff Bidding in Power Sector

3) Power System Planning & Forecasting (Forecasting of Demand Supply

Availability and Gap Analysis).

4) Tariff finalization in Regulatory / Power Sector

5) Strategic Planning/Policy Formulation on behalf of the Govt. for Power Sector.

Note: In support of above experience, the bidder shall submit Letter of Intent

(LOI)/Letter of Engagement (LOE) or Letter of Award (LOA) along with any other

supporting documents indicating that the assignment has been carried

out/completed by the bidder.

3.3.2 Specific Experience

The firm should have experience in providing Advisory Services for Economic

Analysis/commercial viability evaluation of Pump storage Project. Documentary

evidence in support of the same shall be submitted by the bidder.

3.3.3 Net worth

The Net worth of the bidder calculated, as per definition under Clause no. 2(57) of the

company Act 2013 as amended from time to time, should be positive at the end of

last financial year. The bidder shall submit certificate from the Auditor of the company

in support of Net Worth.

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3.3.4 Average Annual Turnover

Average Annual financial turnover during the last 3 years, ending 31st March/ any

other month of the previous financial year, should be at least INR 03 (Three) Crores.

The bidder shall submit certificate from the auditor of the company in support of

Average Annual Turnover.

Note:

The condition of prior experience and prior turnover may be relaxed to 20% of value

indicated in Clause 3.3.1 and 3.3.4 respectively for Micro and Small Enterprises

(MSEs) and startups in line with guidelines issued by GoI from time to time.

4.0 Scope of Services, Exclusions from Scope of Work & Consultant’s

Responsibility

The Scope of Services to be performed by Consultant, exclusions from the Scope of

Work & Consultant’s Responsibility shall be as per the “Scope of Services, Exclusion

from Scope of Work & Consultant’s Responsibility (Section-3, Terms of Reference).

5.0 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of his

Bid, and the Employer will, in no case, be responsible or liable for those costs.

6.0 Bid Security/Earnest Money

6.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), for the

amount specified in the NIT through following mode:

E-payment: Through online payment as per the procedure of e-payment mentioned

in NIT (Section-1).

6.2 Any bid not accompanied by an acceptable Earnest Money Deposit shall be

declared by the Employer as non-responsive.

6.3 The Earnest Money of unsuccessful bidders will be returned within 28 days of

issuance of Letter of Acceptance to the successful bidder.

6.4 The Earnest Money of the successful Bidder will be discharged when the Bidder

has signed the Agreement and furnished the required Performance Security

Deposit.

6.5 The Earnest Money may be forfeited:

a) if the Bidder withdraws the Bid or varies any terms & conditions in regard

thereto after bid opening (technical bid) during the period of Bid validity; Or

b) if the bidder does not accept the correction of bid price. Or

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c) if the Bidder adopts corrupt or fraudulent practices Or

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

limit to

i. sign the Agreement; and/or

ii. furnish the required Performance Security Deposit.

6.6 No interest shall be paid by Employer on Earnest Money Deposit.

7.0 Alternative Proposals by Bidders

Alternative proposal will be considered as non-responsive and rejected out rightly.

8.0 Pre-Bid Meeting

8.1 The bidders are invited to attend a Pre-bid meeting, which will take place at the venue

and time stipulated in the NIT. Non-attendance at Pre-Bid meeting will not be a cause

for disqualification of a bidder.

The purpose of meeting will be to clarify issues and to answer questions on any

matter that may be raised at that stage. The bidder is requested to submit any

questions through e-mail not later than 3 days before the pre-bid- meeting which will

be responded to and clarified in the Pre-Bid meeting.

Any modifications of the Tender Documents, which may become necessary as a

result of the Pre-Bid meeting, shall be made by the Employer exclusively through the

issue of an Addendum, pursuant to Clause 8.2.

8.2 Amendment to Tender Document

At any time prior to the deadline for submission of Bids, the Employer may, for any

reason, whether at its own initiative, or in response to a clarification requested by a

prospective Bidder, amend the Tender Documents by issuing Addenda.

Any Addendum thus issued shall be part of the Bid Documents and shall be

communicated only through the portal https://sjvn.abcprocure.com.The

communication / alert regarding the notification of amendment shall also be sent by

the portal directly to all prospective bidders. The amendments to the Bid Documents

will be binding on the bidders and the notification of the amendment through portal,

sent to the prospective bidders, shall be deemed to be construed that such

amendment(s) to the tender Documents have been taken into account by the bidder

in its bid.

To give prospective Bidders reasonable time in which to consider an Addendum in

preparing their Bids, the employer shall extend as necessary the deadline for

19

submission of Bids, the Employer shall extend as necessary the deadline for

submission of Bids, and notify on portal https://sjvn.abcprocure.com where all

prospective bidders may see the extended deadline.

9.0 Submission of Documents comprising the Bid

9.1 Submission of Documents in Physical Form

The bidder shall submit the Technical and Financial bid through e-mode. However,

the Bidder shall also submit the scanned copies of the following documents along

with technical bid through e-mode. The original of the same shall have to be

submitted by the date and time for physical submission indicated in the Notice Inviting

Tenders in a sealed envelope through post / courier or by hand on the address of

HOD/CGM (Civil Contract), SJVN Corporate Head Quarters, Shanan, Shimla, failing

which the financial bid will not be opened.

a) Power of Attorney----Duly notarized copy of Power of Attorney in original of the

signatory of the Bid to commit the Bidder in accordance with Clause 6.2 (I) of

Section -1.

b) Integrity Pact -----All pages of Integrity Pact (Section-7) duly signed by

authorized signatory of the Employer at the time of issue of Bidding Document,

shall be signed by the authorized representative of the Bidder while submitting

the bid.

c) Undertaking in respect of blacklisting of Bidder in accordance with Annex-B to

Integrity Pact in ‘Form of Declaration of Eligibility Undertaking’.

d) Copy of valid NSIC Certificate/UAM No. (if applicable) in case Bidder wishes to

avail the benefits available to MSMEs.

9.2 Submission of Documents through E-Mode

The following documents duly digitally signed by the person authorized to sign the Bid

shall be uploaded on SJVN’s E-tender portal, https://sjvn.abcprocure.com:

9.2.1 Part I “Technical Bid”

a) Tender Forms,

b) Form of Declaration,

c) Qualification information, other schedules and supporting documents, as

specified in Clause No.3 of Section -2, Instructions to Bidder (ITB).

d) Any other information/documents required to be completed and submitted by

bidders, as specified in the Bid Document.

20

(No material/information relating to Price Bid shall be included in the Technical Bid. A

technical bid containing any information related to price bid may be declared non-

responsive).

9.2.2 While submitting the Technical Proposal, the bidder shall, in particular, ensure to

furnish/upload the following, without which financial bid shall not be opened:

Profile of the Consultant explaining why they are the most suitable for the

Scope of Work, Detailed methodology and conceptual framework with

expected deliverables and timelines, team composition, man-days required

(3-5 pages) and Recent CVs of Key Professionals (Experts) to be associated

in the Assignment.

Certificate on letterhead that the Consultant has not provided any Legal, Financial

and technical advise to WBSEDCL (the utility) in relation to 900 MW Bandu PSP.

A declaration under ‘Form of Declaration, Section - 6’ that the information

furnished in the Bid is true and correct in all respects; and

Copy of Registration certificate with State / Central Government agencies / PSU’s

/ Autonomous bodies.

Must not be black listed by any central / State Govt. / Public Sector Enterprise in

India.

An undertaking (in Form of Declaration) to the effect that the bidder has read all

the documents uploaded along with the NIT and there is no deviation from the

standard terms and conditions of the tender document including

Corrigendum/Addendum (if any).

Such other certificates and documents as defined in the Bid Documents.

9.2.3 Part II “Financial Bid”

a) It shall comprise of Price Schedule as per Section-5. b) (No material/information relating to any technical matters shall be included in the

Price Bid).

10.0 Deadline for Submission of Bids

10.1 Complete Bids (Documents in Physical form and Technical & Financial Bid through e-

mode) must be submitted/ uploaded by the bidder not later than the date and time

indicated in the NIT.

10.2 The Employer may, in the exceptional circumstances and at its discretion, extend the

deadline for submission of bids by issuing an amendment/addendum, in which case

all rights and obligations of the Employer and the bidders previously subject to the

original deadline will then be subject to the new deadline.

21

11.0 Late Bids

Online submission of the bid will not be permitted on the portal after expiry of

submission time and the bidder shall not be permitted to submit the same by any

other mode. Similarly, hard copies of the Off line documents, if received by the

Employer after the deadline for submission of Bids prescribed in NIT, then it will be

considered as ‘Late Bid’ notwithstanding the fact that the bidder has uploaded the bid

online within the stipulated deadline. In such a case, the uploaded online bid on the

portal shall be considered as non-responsive and shall not be processed further.

12.0 Bid Opening

12.1 The Employer will open the bids in the presence of the bidders’ designated

representatives who choose to attend at the time, date and place specified in the

NIT. The Bidder representatives who are present shall sign a register evidencing

their attendance.

12.2 The amount of Earnest Money and form shall be announced. Thereafter, the

bidders’ names and such other details as the Employer may consider appropriate,

will be announced by the Employer at the opening.

12.3 Evaluation of the technical bids with respect to Earnest Money Deposit, qualification

information and other information furnished in Part I of the bid shall be taken up and

a list will be drawn up of the responsive bids whose financial bids are eligible for

consideration.

12.4 After the process of Technical evaluation is over, the employer shall upload a

notification describing bidder(s) whose technical bid is found responsive, date, time

and place of opening of financial bids on SJVN’s E-tender Portal

https://sjvn.abcprocure.com in and SJVN’s website www.sjvn.nic.in.

12.5 At the time of the opening of the ‘Financial Bid’, the names of the bidders whose

bids were found responsive in accordance with Bid Document will be announced.

The financial bids of only those bidders will be opened on E-mode. The responsive

bidders’ names, the Bid prices, the total amount of each bid, and such other details

as the Employer may consider appropriate will be announced by the Employer at

the time of bid opening.

12.6 The Employer at his discretion may open Technical and Financial Bid

simultaneously and evaluate the Bid completely including checking for

responsiveness.

13.0 Process to be Confidential

Information relating to the examination, clarification, evaluation, and comparison of

bids and recommendations for the award of a contract shall not be disclosed to

bidders or any other persons not officially concerned with such process. Any attempt

by a Bidder to influence the Employer’s processing of bids or award decisions may

22

result in the rejection of his Bid.

14.0 Examination of Bids and Determination of Responsiveness

14.1 During the detailed evaluation of “Technical Bids”, the Employer will determine

whether each Bid:

(a) meets the eligibility criteria defined in Tender Document;

(b) has been properly signed;

(c) is accompanied by the required securities; and

(d) is substantially responsive to the requirements of the bidding documents. During

the detailed evaluation of the “Financial Bids”, the responsiveness of the bids will

be further determined with respect to the remaining bid conditions.

14.2 A substantially responsive “Bid” is one, which conforms to all the terms, conditions,

and specifications of the bidding documents, without material deviation or reservation.

A material deviation or reservation is one:

(a) which affects in any substantial way the scope, quality, or performance of the

Services;

(b) which limits in any substantial way, the Employer’s rights or the Bidder’s

obligations under the Contract; or

(c) whose rectification would affect unfairly the competitive position of other bidders

presenting substantially responsive bids or

(d) which is inconsistent with the bidding documents,

14.3 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.

If a “Bid” is not substantially responsive, it will be rejected by the Employer, and may

not subsequently be made responsive by correction or withdrawal of the

nonconforming deviation or reservation

15.0 Contract Price

23

i) The Bidder is required to quote a fixed lump-sum fee in INR (in Price Bid) for the

complete scope of work. The fee quoted by the Bidder shall be inclusive of all

taxes except GST.

ii) In case of mismatch of figures quoted in number and words; the figures in words

will be taken as correct for all purposes.

iii) The fee quoted should be unconditional. The travel-related expenses, stay

expenses and all the other expenses including those related to collection and

review of data, preparatory work, visits to site, visits for clarifications/ meetings,

making presentations, preparation of report, etc. will have to be borne by the

Consultant.

iv) The Bidders will be liable to pay taxes/duties/cess etc. applicable as per prevailing

law at their end.

Contract price covers all the consultant’s services to be rendered and obligations

mentioned in or to be reasonably inferred from the Invitation of bid. This lump-sum

price is inclusive of all taxes except GST.

16.0 Schedule of Deliverables

The consultant shall submit the following reports:

i) Inception Report within 7 (Seven) Days of award of contract.

ii) Draft Report in editable soft form for (i) to (vi) of “Scope of Work” after issuance

of LOA & for (vii) to (x) ) of “Scope of Work” within 4 weeks after receipt of

range of Project Capital Cost from SJVN / other project data provided by Utility

which is deemed necessary for completion of “Scope of work” at Sr. No.1 of

TOR.

iii) Final report within 5 (Five) days from the final observations received from SJVN.

iv) The bidder shall continue having discussions with SJVN and shall make changes

as per SJVN in the final report till submission of bid.

The activity schedule shall be optimized to meet overall time requirement given by

Utility i.e. WBSEDCL in their Request for Submission of Proposal Document.

17.0 Performance Security

17.1 Within Fifteen (15) days from the date of issue of the Letter of Acceptance, the

successful bidder shall deliver to the Engineer-In-Charge a Performance Security of

10 (Ten percent) of the Contract Price as per Form-F (Bank Guarantee) valid for 14

months. If required Bank Guarantee shall be extended as per the directions and

requirement of EIC.

17.2 The Performance Security Deposit shall be in the form of irrevocable, valid and fully

24

enforceable Bank Guarantee in favour of SJVN Ltd in the form prescribed from a

Nationalized / Scheduled Bank of India acceptable to SJVN.

17.3 The original BG against Performance Security Deposit should be sent by the Bank to

SJVN Ltd. directly under Regd. Post (A.D.). However, in exceptional cases, where the

original BG against Performance Security Deposit is handed over to the bidder by the

issuing bank/branch, the bidder shall ensure that an un-stamped duplicate copy of

the BG against Performance Security Deposit has been sent immediately by the

issuing bank/branch under Regd. Post (A.D.) directly to SJVN Ltd with a covering

letter to compare with original BGs and confirm that it is in order.

17.4 Failure of the successful Bidder to comply with the requirements shall constitute

sufficient grounds for cancellation of the award and forfeiture of the Earnest Money.

The firm will also be debarred from participating in bids invited by the Project for one

year.

17.5 The Employer shall not make a claim under the Performance Security, except for

amounts to which the Employer is entitled under the Contract. The Employer shall

indemnify and hold the Consultant harmless against and from all damages, losses

and expenses (including legal fees and expenses) resulting from a claim under the

Performance Security to the extent to which the Employer was not entitled to make

the claim.

17.6 The Performance Security will be returned to the consultant without any interest not

later than 30 days following the date of completion of Consultant’s obligations, under

the contract.

18.0 Award Criteria

The Employer will award the Contract to the Bidder whose Bid has been determined

to be substantially responsive to the bidding documents and who has offered the

lowest evaluated Bid Price, provided that such Bidder has been determined to be (a)

eligible in accordance with the provisions of Tender Document, and (b) qualified in

accordance with the Provisions of Clause 3 of ITB; and (c) the evaluated Bid Price is

within a reasonable variation of the estimated amount of Work.

19.0 Employer’s Right to accept any Bid or Reject any or all Bids

Notwithstanding above, the Employer reserves the right to accept or reject any bid,

and to cancel the bidding process and reject all bids, at any time prior to the award of

Contract, without thereby incurring any liability to the affected bidder or bidders or any

obligation to inform the affected bidder or bidders of the grounds for the Employer’s

action.

25

20.0 Notification of Award and Signing of Agreement.

20.1 The bidder whose bid has been accepted will be notified of the award by the

Employer prior to expiration of the Bid validity period through the “Letter of

Acceptance”, which will state the sum that the Employer will pay to the Consultant in

consideration of the execution, completion by the Consultant as prescribed by the

Contract.

20.2 The notification of award will constitute the formation of the Contract until the Formal

Agreement is signed pursuant to Bid document and further subject only to the

furnishing of a performance security deposit in accordance with the provisions in the

Bid document.

20.3 The contract shall incorporate all agreements between the Employer and successful

bidder. It will be signed by the Employer and successful bidder after the Performance

Security Deposit is furnished.

21.0 Effective date of Contract

The Contract shall become effective for all purposes from the date of issue of letter of

Acceptance.

22.0 Signing of Contract Agreement

The contract shall incorporate all agreements between the Employer and successful

bidder. It will be signed by the Employer and successful bidder after the Performance

Security Deposit is furnished.

23.0 Corrupt or Fraudulent Practices

The Employer requires the bidders/Consultants under this contract observe the

highest standard of ethics during the procurement and execution of this contract. In

pursuance of this policy, the Employer:

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

i. “corrupt practice” means the offering, giving, receiving or soliciting of any

thing of value to influence the action of a public official in the procurement

process or in contract execution; and

ii. “fraudulent practice” means a misrepresentation of facts in order to influence

a procurement process or the execution of a contract to be detriment of the

Employer, and includes collusive practice among Bidders (prior to or after bid

26

submission) designed to establish bid prices at artificial non-competitive

levels and to deprive the Employer of the benefits of free and open

competition.

(b) Will reject a Bid for award of work if he determines that the Bidder recommended for

award has engaged in corrupt or fraudulent practices in competing for the contract

in question.

(c) Will declare a Bidder ineligible, either indefinitely or for a stated period of time, to be

awarded a contract/contracts if he at any time determines that the Bidder has

engaged in corrupt or fraudulent practices in competing for, or in executing, the

contract.

24.0 Integrity Pact

To improve transparency and fairness in the tendering process the Employer is

implementing Integrity Pact.

The Integrity Pact, signed by all the prospective Bidders and the Employer, shall

commit the persons/officials of both the parties, not to exercise any corrupt

/fraudulent/collusive/coercive practices in the Tendering process and also during

implementation of the Contract. Only those Bidders who have entered into Integrity

Pact with the Employer shall be eligible to participate in the bidding process. Entering

into Integrity Pact as per Performa (enclosed in Section-7: Integrity Pact) is a basic

qualifying requirement. Bidders signing Integrity Pact shall not approach the Courts

while representing the matter to IEMs and he/she will await the decision in the matter.

To oversee the compliance of obligation under the Integrity Pact, Dr. Jai Pal Singh

has been appointed as Independent External Monitor(s) (IEM) by the Employer. The

Contact address of IEM is as under:

C/o Corporate Civil Contracts Department,

Shakti Sadan, 2nd Floor, SJVN Ltd.

SJVN Corporate Head Quarters, Shanan,

Shimla-171006

The Integrity Pact duly signed on behalf of the Employer is given in Section-7:

Integrity Pact of these Bid Documents. The Integrity Pact shall be downloaded,

printed and signed by the bidder and the hard copy shall be submitted as per Tender

Document.

The successful bidder shall submit duly executed Integrity Pact on Non-Judicial

stamp paper of appropriate value prior to signing of Contract Agreement.

27

25. Time for Completion

Duration of Consultancy Contract shall be till completion of bidding process of 900

MW Bandu PSP by WBSEDCL or foreclosure of Contract, if SJVN and/or WBSEDCL

decide not to proceed with bidding process as per Clause 7.0 (d) of TOR.

However, the maximum Contract period shall be 12 months from the date of issue of

LOA to successful bidder, with provision of further extension for a period mutually

decided by SJVN and Consultant.

28

SECTION-3

TERMS OF REFERNCE

29

TERMS OF REFERENCE FOR SELECTION OF CONSULTANT

FOR

ASSISTING SJVN IN TARIFF BIDDING FOR ITS SELECTION AS

DEVELOPER FOR 900 MW BANDU PSP

ON

DESIGN, BUILD, FINANCE, OPERATE & TRANSFER BASIS

1.0 Scope of Work

The scope of work for consultant is comprehensive, but not limited to the following: -

i) To forecast / estimate the demand supply gap of electricity during Peak and Off-

peak hours of the West Bengal and in other states in India for complete life time of

the project (35 years from COD or as mentioned in RFP) on the basis of latest

National Electricity Plan & Policy, Electrical Power Survey Report of CEA / Govt. of

India and other current regulatory & statutory requirements and expected changes in

policies, grid dynamics, considering different scenario of demand supply situation

and practical approach to determine viability / profitability of Bandu PSP.

ii) Current & future Peak and off Peak hours timing of West Bengal and other

Beneficiaries in India to check for operational efficiency of the plant beyond firm PPA

commitments.

iii) Detailed Review of Current tariff and Operational & Commercial aspect of Pumped

Storage Projects already in operation in India during Peak and Off-peak hours (day /

Night).

iv) To estimate / forecast the cost of pumping during entire life (35 years from COD or

as defined in RFP) along with its annual escalation or otherwise, if any, in off-peak

hours in a Day and also vis-à-vis generation tariff in the peak hours of the same day,

during various seasons in a year and for various beneficiaries to understand

Operational economics of PSP.

v) To identify business risks associated with operation of Pumped Storage Project in

general as well as specific to Bandu PSP and their mitigation techniques.

vi) To identify any regulatory, institutional & market related issue, which need to be

addressed for ensuring this transaction (tariff bidding) to be successful and also with

respect to construction / O&M stage of the project.

vii) To assess other opportunities for power sale to augment generation beyond PPA

commitment of 5 Hours Peaking operation in a day keeping in view the cycle

efficiency, grid dynamics and other grid constituents like renewable energy (solar /

wind / Hydro), Gas based & thermal based generation etc. considering future

perspective.

viii) To suggest the best operational philosophy / strategy for economic operation of

Bandu PSP for achieving the maximum profitability from this venture by SJVN.

30

ix) To prepare a detailed financial model capturing the above variables and to determine

minimum 4 to 5 viable competitive alternatives for first year tariff with corresponding

Levelised Cost of energy (LCOE) taking in to account different scenario for Bandu

PSP considering variables like Pumping Cost, Capital cost, water loss and

evaporation losses, revenue sharing with utility, tender conditions etc. and

suggesting best competitive winnable alternatives to SJVN with merit / demerit of

each alternative.

x) A detailed presentation has to be made by the consultant to apprise SJVN

management for the study made by consultant.

xi) To assist for submission of Bid and replies of clarification sought by WBSEDCL.

2.0 Exclusions from the Scope of Work

SJVN shall work out the capital cost of the project based on the data provided by

WBSEDCL. The same will be provided to consultant within 15 days time from the

date of placement of award. Other technical project data shall be provided to the

consultant from time to time, once uploaded by WBSEDCL.

3.0 Consultant’s Responsibility

i) The Consultant shall conduct all activities as per the “Scope of work” at Sr. No.1

with due care and diligence, in accordance with the contract and with the skill and

care expected of a competent provider of services, or in accordance with best

industry practices.

ii) The Consultant shall be responsible for timely provision of all resources,

information, a decision making under its control that are necessary to reach a

agreed finalized assignment within the work completion schedule.

iii) In particular, the Consultant shall provide and employ only such personnel who

are skilled and experienced in various concerned areas of “Scope of Work”.

iv) The Consultant shall make Presentation to Internal and External stakeholders and

SJVN to seek their comments at different stages as per the mutually agreed work

plan.

v) Any activity, though not specifically covered in the Bid Documents but required for

achieving the TOR/Key deliverables shall be deemed to be included by SJVN in

the Scope of work.

4.0 Key Professionals

The bidder shall ensure to deploy following minimum key experts beside other team

members while completing the “Scope of Work” related to this tender.

i) Team Leader – having more than 15 years of experience in providing consultancy

at least for 2 projects of similar type of “Scope of work” in the similar role as a

team leader.

ii) Bid Advisory Expert – having more than 7 years of experience in providing

31

consultancy at least for 2 projects related to tariff based bid advisory services.

iii) Regulatory Experts – having more than 7 years of experience in providing

consultancy at least for 2 projects related to regulatory services.

iv) Other team member should have minimum 5 years’ experience in providing

similar type of consultancy.

The bidder shall provide the details of all team members proposed to be associated

in present assignment in the form (Form –D) attached hereto.

5.0 Deliverables and Reports Requirements

i) Inception Report

The consultant shall describe the methodology being employed in conducting the

assignment as per “Scope of Work”; identify any condition/modifications to the

proposed scope of work resulting from information gathered by them. This report

shall be submitted in soft form through email as well as hard copy.

Submitting clarifications, if any, to SJVN on the tender & other documents of

WBSEDCL for 900 MW Bandu PSP related to scope of work as per above for pre-

bid meeting and / or in the post bid stage up to the final selection stage. Association

in Pre-bid meeting and / or for commercial negotiation with utility (WBSEDCL) during

post bid stage.

ii) Draft Report

The consultant shall submit the comprehensive report along with financial model in

editable form, their basis of study / justification, referred document / reports as per

the TOR and “Scope of Work” defined above and will take into account inputs

provided by SJVN. This report shall be submitted in soft form through email.

However, the alternatives for tariff shall be submitted separately in sealed cover.

iii) Final Report

The consultant shall submit Final report after receipt of final observation of SJVN on

Draft report. 3 (Three) No. Hard copies of Final Repot along with soft copy in Pen

drive shall be submitted to SJVN. However, in case tariff is affected the same shall

be submitted again separately in sealed cover.

iv) Meetings & Presentation

Minimum 3 (Three) no. meetings between SJVN and consultant at mutually agreed

place at New Delhi / Shimla till the finalization of bid or as required time to time and

felt necessary. Firm also needs to make minimum 2 (Two) no. presentations to

SJVN management and / or Board / Committee of Directors, at Shimla / New Delhi

or any other location in India as decided by SJVN.

32

6.0 Schedule of Deliverables

The consultant shall submit the following reports:

i. Inception Report within 7 (Seven) Days of award of contract.

ii. Draft Report in editable soft form for (i) to (vi) of “Scope of Work” after

issuance of LOA & for (vii) to (x) of “Scope of Work” within 4 weeks after

receipt of range of Project Capital Cost from SJVN/other project data provided

by Utility which is deemed necessary for completion of scope of Work at Sr.

No.1.

iii. Final report within 5 (Five) days from the final observations received from

SJVN.

iv. The bidder shall continue having discussions with SJVN and shall make

changes as per SJVN in the final report till submission of bid.

The activity schedule shall be optimized to meet overall time requirement given by

Utility i.e. WBSEDCL in their Request for Submission of Proposal Document.

7.0 Terms of Payment

The payment of the consultancy fee to the selected bidder shall be made as under:

a) 10 % of the consultancy fee to be paid after the submission of Inception Report.

b) 20 % of the consultancy fee to be paid after the submission of Draft Report.

c) 25 % of the consultancy fee to be paid after the acceptance of Final Report by

SJVN.

d) 35% of the consultancy fee to be paid after submission of bid by SJVN to

WBSEDCL and issuance of clarification by Consultant asked by the WBSEDCL

on the bid or alternatively payment shall be released, in the case after

acceptance of Final Report by SJVN, if SJVN decides not to go ahead with

the proposed bidding process due to any reason whatsoever owing to

SJVN/WBSEDCL.

e) 10 % of the consultancy fee to be paid only after the declaration of SJVN as

developer for 900 MW Bandu PSP by WBSEDCL. In case of SJVN not declared

as successful, this 10% consultancy fees shall not be paid.

33

SECTION-4

GENERAL CONDITIONS OF CONTRACT

(GCC)

34

1.0 Effective date of Contract

The Contract shall become effective for all purposes from the date of issue of letter

of Award.

2.0 Obligations of the Consultants

2.1 The Consultants shall exercise all reasonable skill, care and diligence in the

performance of the Services and shall carryout all responsibilities in accordance

with the recognized professional standards. The Consultant shall promptly replace

any employees assigned under this contract whose performance is considered

unsatisfactory by SJVN.

2.2 All reports, other documents and software prepared by the Consultants for SJVN

Ltd. under this Contract shall become and remain property of SJVN Ltd. and the

Consultants shall, before expiration of this contract, deliver all such documents to

SJVN Ltd. together with a detailed inventory thereof. The Consultants may retain a

copy of such documents and software with the prior written consent of SJVN Ltd.

2.3 The Consultants shall take all necessary steps to ensure confidential handling of all

matters and consulting firm should not disclose except as required by law/ order of

the court or by any regulatory authority, any confidential information relating to

SJVN Ltd. without written consent of SJVN Ltd.

2.4 Consultants Key Professionals

(a) The firm shall ensure that key Professionals identified in their bid must be

available for completing the entire scope of work. The Key personnel as

submitted in the bid, cannot be replaced by the Firm at any stage during the

currency of contract without the consent of SJVN.

(b) SJVN will not consider substitution of key professionals during execution of

contract unless both parties agree that such changes are critical to meet the

objective of assignment. If for unavoidable reason, the Key Professional(s)

proposed for substitution must have qualification and experience equal to or

better than key professional(s) earlier working on the Contract.

3.0 Obligations of the SJVN

SJVN shall provide necessary information time to time required to fulfill the

consultant's obligations under the scope of work.

4.0 Contract Coordination

On all matters including payments pertaining to consultancy services, Consultants

will directly interact with the AGM (Business Expansion Cell), SJVN Ltd. CHQ,

Shanan- Shimla- 171 006 (H.P.).

35

5.0 Damages for Delay in Completion Period

The Damages for delay in Completion period are as follows:

Sr.

No

Description

of Work

Schedule Completion

Period

Delay Damages

1. Submission of

Draft Report

Within 4 weeks after receipt of

range of Project Capital Cost from

SJVN/ other project data provided

by Utility, which deemed necessary

for completion of Scope of Work.

1.5% per week of the total contract price subject to maximum of 3% of the contract price.

*GST as prevailing will be applicable extra on the LD amount.

2. Submission of

Final Report

Within 05 days from the final

observations received from SJVN

LD will be applicable from 6th day on per day basis till the day of the submission of Final Report subject to maximum of 7% of the contract price.

The rate of LD will be derived pro-rata of the maximum 7% of the contract price for the no. of days from the 6th day till bid submission by SJVN to WBSEDCL.

*GST as prevailing will be applicable extra on the LD amount.

6.0 Force Majeure

6.1 Definition

(a) For the Purposes of this Contract, “Force Majeure” means an event which is

beyond the reasonable control of the either Party and which makes the Party’s

performance and its obligations hereunder impossible or so impractical as

reasonably to be considered impossible in the circumstances and includes, but

not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or

other adverse weather conditions, strikes, lockouts or other industrial action

(except where such strikes, lockouts or other industrial action are within the

power of the Party invoking Force Majeure to prevent), confiscation or any

other action by government agencies.

(b) Force Majeure shall not include:

i) any event which is caused by the negligence or intentional action of the

Party or its agents or employees, nor

ii) any event which a diligent Party could reasonably have been expected to

take into account at the time of the conclusion of this Contract and avoid

or overcome in the carrying out of its obligations hereunder.

36

iii) Force Majeure shall not include insufficiency of funds or failure to make any

payment required hereunder.

6.2 No Breach of Contract

The failure of Party to fulfill any of its obligations hereunder shall not be considered

to be a breach of, or default under, this Contract in so far as such inability arises

from an event of Force Majeure, provided that the Party affected by such an event

has taken all reasonable precautions, due care and reasonable alternative

measures, all with the objective of carrying out the terms and conditions of this

Contract.

6.3 Extension of Time

Any period within which a Party shall, pursuant to this Contract complete any action

or task, shall be extended for a period equal to the time during which such Party was

unable to perform such action as a result of Force Majeure. However, the extended

time of any event of Force Majeure shall be mutually agreed between the Parties.

7.0 Termination

7.1 SJVN may give notice of termination, by not less than Five (05) days’ notice to the

Consultants, to be given after the occurrence of any of the events or reason

specified below: -

a) If the Consultants fail to remedy a failure in the performance of their obligations.

b) If the said Consultant becomes bankrupt or is dissolved, or ceases to exist or if

the Consultant unreasonably delays in carrying out the work entrusted to it.

c) SJVN also reserves the right to terminate the engagement of the Consultant at

any time if it decides not to go ahead with the proposed bidding process. In

case of any termination, the consultant will not be entitled to any payment other

than for the milestone referred to in reporting requirements which has already

been achieved.

d) If, SJVN, in its sole discretion and for any reason whatsoever, decide to

terminate this Contract.

e) If SJVN decide not to proceed with the bidding process in between on its own

or due to WBSEDCL’s, SJVN has the right to terminate the contract at any

point in time. In such case the payment to be made to firm shall be limited to

the job executed till date by firm at point of termination of contract.

7.2 Payment upon Termination

Upon termination of this Contract, SJVN shall pay to the Consultants, the amount

which shall have become due hereof for the Services satisfactorily performed prior to

the effective date of termination;

37

8.0 Fairness and Good Faith

8.1 Good Faith

Both the Parties undertake to act in good faith with respect to each other’s rights

under this Contract and to adopt all reasonable measures to ensure the realization

of the objectives of this Contract.

8.2 Operation of the Contract

Both the Parties recognize that it is impractical in this Contract to provide for every

contingency which may arise during the life of the Contract, and the Parties hereby

agreed that it is their intention that this Contract shall operate fairly as between them

and without detriment to the interest of either of them, and that, if during the terms of

this Contract either Party believes that this Contract is operating unfairly, the Parties

will use their best efforts to agree on such action as may be necessary to remove

the cause or causes of such unfairness, but failure to agree on any action pursuant

to this Clause shall give rise to a dispute subject to arbitration in accordance with

Clause-9.2 hereof.

9.0 Settlement of Disputes

9.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or

in connection with this Contract or the interpretation thereof.

9.2 Arbitration

All dispute or difference in respect of which the decision has not been final and

conclusive arising between the Consultant and the SJVN Ltd., in relation to or in

connection with the Contract, shall be referred to arbitration in the manner provided

as hereunder:

Any claims, questions, controversies or disputes which arises between the Parties to

the Scope /Agreement concerning its construction or application, or the rights, duties

or obligations of any Party hereunder, or arising from termination hereof, shall be

referred to arbitration by a Sole Arbitrator appointed as per the Arbitration and

Conciliation Act, 2015 or any statutory amendment or re-enactment thereof and the

rules made there-in-under and for the time being in force shall apply to the

arbitration proceedings under this clause. The Sole Arbitrator shall be a person of

great repute and unconnected to either party to be appointed by mutual consent of

SJVN Ltd. and the successful Consultant. The proceedings shall be in English, the

laws of India shall be applicable and the place shall be Shimla. The Award shall

contain reasons and be final and binding on the parties.

38

The cost of arbitration proceedings shall be borne equally by either party.

Irrespective of the amount of claim, the arbitrator shall give the reasoned award. The

venue of the arbitration proceedings shall be Shimla / Delhi or as decided by the

learned arbitrator. The language of arbitration proceedings and of all documents and

communications between the parties shall be English.

10.0 Governing Laws and Jurisdiction

This TOR and the subsequent agreement between the Parties shall be interpreted

by and shall be governed and construed in accordance with the laws of India &

Rules as amended from time to time, without giving effect, if applicable, to the

principles of conflict of laws. The Courts at Shimla, India shall have jurisdiction over

all matters arising out of or relating to this Agreement.

11.0 Confidentiality

Information relating to the examination, clarification and comparison of the Proposals

shall not be disclosed to any Bidders or any other persons not concerned with such

process. The undue use by any Bidder of confidential information related to the

process may result in rejection of its Proposal.

During the execution of a specific project except with the prior written consent of

SJVN, the Firm and its personnel shall not at any time communicate to any person

or entity any information acquired or made available or produced in the course of the

said project. In no case, the consultant shall share the report or any part thereof

generated as a result of this consultancy with anybody other than SJVN Ltd.

Notwithstanding anything contained in this contract, the provisions of this clause

shall survive for a period of five (5) years from the date of termination / closure of

this contract.

12.0 Conflict of interest

SJVN requires that the Firm, while working on SJVN‟s assignment, should provide

professional, objective, and impartial advice and at all times hold SJVN‟s interests

paramount, strictly avoid conflicts with other assignments/jobs or their own corporate

interests and act without any consideration for future work. The consultant shall not

provide consultancy services to any other firm / individual in respect of Bandu PSP

for the similar assignment.

Firm shall not commit to or advice WBSEDCL and/or any potential bidders of 900

MW Bandu PSP on the same opportunity and/or any other related matter, once the

bid is submitted. Successful Bidder should give an undertaking to this effect, which

shall be applicable during entire contract period. At any point of time, if it is found

that the firm is in violation of above clause, the firm shall be debarred for any future

39

assignment and due payment under the contract shall not be released from that

stage. Suitable action in this regard shall be taken as per the provisions of Contract.

13.0 Disclaimer

i) SJVN reserves the sole right to accept or reject any or all proposals thus

received without assigning any reason thereof.

ii) SJVN will not be responsible for any delay on account of late submission of Bid.

14.0 Indemnity

Firm shall agree to indemnify and keep SJVN Indemnified at all times from and

against all actions, claims, demands, proceedings, liabilities or judgments

(Collectively “Claims”) and any and all losses, damages, in or in relation to Contract

Agreement.

15.0 Professional Liability

The consultant shall also be responsible for obtaining Professional Liability

Insurance to cover SJVN’s interest in eventuality of Professional misconduct,

negligence or sub-standard consultancy services.

40

SECTION -5

PRICE SCHEDULE

41

PRICE SCHEDULE *

Sr. No. Description of item Lump Sum Cost

incl. of all taxes

except GST

(in INR)

1. Consultancy Charges for “Assisting SJVN in Tariff

Bidding for its Selection as Developer for 900 MW

BANDU PSP on Design, Build, Finance, Operate

& Transfer basis.”

* This schedule is in Dynamic form in the e-Tender portal wherein lump sum cost

incl. of all taxes except GST has to be filled, accordingly above form is not

required to be uploaded in the e-Tender portal or submitted physically.

42

SECTION-6

TENDER AND CONTRACT FORMS

43

A- LETTER OF TENDER

To

HOD (Civil Contracts)

Corporate Contracts Department (Civil)

SJVN Corporate Head Quarter, Shanan, Shimla-171006 (H.P)

Telephone No. +91-177-2660161, Fax: +91-177-26660164

Email: civilcontract@sjvn.nic.in

Dear Sir,

1. I/We have read and examined the following tender documents relating to the

Appointment of Consultant For Assisting SJVN in Tariff Bidding for its Selection as

Developer for 900 MW BANDU PSP on Design, Build, Finance, Operate & Transfer

basis.

Section-1 Notice Inviting Tender

Section-2 Instruction to Bidders

Section-3 Terms of Reference

Section-4 General Conditions of Contract (GCC)

Section-5 Price Schedule

Section-6 Tender and Contract Forms

Section-7 Integrity Pact

2. I/We hereby tender for the Appointment of Consultant for the entire services referred

to in documents mentioned in Paragraph – 1 above on the terms and conditions

contained or referred to in the aforesaid documents.

3. I/We agree to keep this tender open for acceptance for 180 days from the date of

opening thereof and also agree not to make any modification in its terms and

conditions on our own accord.

4. I/We certify that the tender submitted by me/us is strictly in accordance with the

terms and conditions, Scope, obligations, specifications etc., as contained in your

tender document referred to in paragraph -1 above, and it is further certified that it

does not contain any deviation to the aforesaid document. Further, deviations, if any,

which might have crept inadvertently, are automatically deemed to have been

withdrawn by us without any reservation.

5. I/We agree to abide by and fulfill all the terms and conditions and provisions of the

above-mentioned tender documents.

Thanking you,

Yours faithfully,

44

(Signature of person duly authorized to

sign the Tender on behalf of the Firm

along with the Seal of the Company)

Witnesses:

1. Name __________________

2. Designation __________________

3. Signature & Date _____________________

4. Postal Address & Tel. No.

45

B-FORM OF DECLARATION

M/s_____________________________________________(name of Firm) having

its registered office at _____________________________________________

(hereinafter referred to as “The ”) having carefully studied Complete documents,

etc. pertaining to the “Appointment of Consultant For Assisting SJVN in Tariff

Bidding for its Selection as Developer for 900 MW BANDU PSP on Design, Build,

Finance operate & Transfer basis.” and having undertaken to execute the said

Services DO HEREBY DECLARE THAT:

1. The Firm is familiar with all the requirements of the Tender Document.

2. We are satisfied that the work can be performed and completed as required in

the Tender Document.

3. We accept all risks directly or indirectly connected with the performance of the

Contract.

4. The firm no collusion with other company/entity or with any person in the

Corporation to execute the said assignment.

5. The Firm has not been influenced by any statement or promise of any person of

the Employer but only the Tender Document.

6. The Firm is financially Solvent.

7. The Firm is experienced and competent to perform the contract to the

satisfaction of the Engineer-in-Charge.

8. The statements/documents submitted by us is true and correct.

9. The Firm is familiar with all the general and special laws, acts, ordinances,

rules and regulations of the State and Central Government of India or any other

statutory bodies/institutions etc. that may affect the work, its performance or

personnel employed therein.

For and on behalf of the Firm

Dated __________

46

C -QUALIFICATION INFORMATION

Notes on Form of Qualification Information

The information to be filled in by bidders in the following pages will be used for

purpose of qualification. Attach additional pages as necessary.

1.0 Profile of the Organisation and various submittals

1.1 a) Constitution or legal status of

Bidder [attach copy]:

b) Place of registration [attach copy]:

c) Principal place of business [attach

copy]:

d) Registration Certificate/ Certificate

of Incorporation: (attach copy):

e) Power of attorney or any other

legally valid document with regard

to authenticity of signatory of Bid

(attach copy):

Documents as Per ITB clause 3.

(To be filled in by the bidder)

1.2 Average Annual Turnover

Financial

Year

Turnover

(Rs. In lakhs)

FY 18-19

FY 17-18

FY 16-17

Average Annual Turnover for Last

three years =

(To be filled by the bidder)

47

1.3 Net Worth

Financial

Year

(Net Worth Rs. In

lakhs)

FY 18-19

(To be filled by the bidder)

1.4 PAN [attach copy, if available]

(To be filled in by the bidder)

1.5 GST Number [attach copy, if available] (To be filled in by the bidder)

1.6 [To be filled in by the bidder] Refer Clause 3.3 of ITB

S. No Name of

Client (s)

Description of

Consultancy

Assignment (s)

Value of

Consultancy

Assignment(s)

Agreement

No.

Date of issue

of LOA/LOE

Actual Date

of

Completion

1.7 Any other certificates and

documents as defined in the Bid

Document.

(To be filled in by the bidder)

48

D – FIRM’S KEY PROFESSIONALS / PERSONS WITH WORK EXPERIENCE

Sr.

No.

Qualification Past Experience Current Assignment

Name of the team

Leader & Other Core

Team Members

proposed, with their

Professional

Qualification

No. of

Years of

Experience

List of assignments of similar works*,

with the role in them (As team leader

/ Core team member)

Proposed Role in the

present assignment

(Team Leader / Core

team Member) and

Responsibility

Location of operation

(1) (2) (3) (4) (5) (6)

1

2

3

4

---

Signature & Seal of Bidder

49

E- (DELETED WITHOUT CHANGE IN SEQUENCE)

50

F- FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

DEPOSIT

(On Bank's letter head with adhesive stamp)

To

---------------------------

---------------------------

1. In consideration of the SJVN Ltd, Corporate Head Quarters, Shanan, Shimla, Pin-

171006 (HP). (hereinafter referred to as the 'Employer' which expression shall

unless repugnant to the context or meaning thereof, called the 'Corporation' which

expression shall unless repugnant to the subject or context include its

administrators, successors and assigns) having agreed under the terms and

conditions of Contract No./LOA no. ______________ dated____________ made

between *____________and the Corporation in connection

with___________(hereinafter called "the said contract") to accept a Deed of

Guarantee as herein provided for Rs.________ from a Nationalized

Bank/Scheduled Bank in lieu of the security deposit to be made by the Consultant or

in lieu of the deduction to be made from the Consultant's bill, for the due fulfillment

by the said Consultant of the terms and conditions contained in the said contract.

We, the____________ Bank (hereinafter referred to as "the said Bank") having our

registered office at__________ do hereby undertake and agree to indemnify and

keep indemnified the Corporation from time to time to the extent of Rs._________

(Rupees____________ only) against any loss or damage, costs, charges and

expenses caused to or suffered by or that may be caused to or suffered by the

Corporation by reason of any breach or breaches by the said Consultant of any of

the terms and conditions contained in the said Contract and to unconditionally pay

the amount claimed by the Corporation on demand and without demur to the extent

aforesaid.

2. We__________ Bank, further agree that the Corporation shall be made the sole

judge of and as to whether the said Consultant has committed any breach or

breaches of any of the terms and conditions of the said Contract and the extent of

loss, damage, costs, charges and expenses caused to or suffered by or that may be

caused to or suffered by the Corporation on account thereof and the decision of the

Corporation that the said Consultant has committed such breach or breaches and as

to the amount or amounts of loss, damage, costs, charges and expenses caused to

or suffered by or that may be caused to or suffered by the Corporation from time to

time shall be final and binding on us.

51

3. We, the said Bank, further agree that the Guarantee herein contained shall remain in

full force and effect during the period that would be taken for the performance of the

said Contract and till all the dues of the Corporation under the said contract or by

virtue of any of the terms and conditions governing the said Contract have been fully

paid and its claims satisfied or discharged and till-----------certified that the terms and

conditions of the said contract have been fully and properly carried out by the said

Consultant and accordingly discharges this Guarantee subject, however, that the

Corporation shall have no claim under this Guarantee after---------years, from the

date of expiry of the Defects Liability Period as provided in the said contract or from

the date of cancellation of the said Contract, as the case may be, unless a notice of

the claim under this Guarantee has been served on the said Bank before the expiry

of the said period of ----------years in which case the same shall be enforceable

against the said Bank notwithstanding the fact, that the same is enforced after the

expiry of the said period of ----------years.

4. The Corporation shall have the fullest liberty without effecting in any way the liability

of the said Bank under this Guarantee or Indemnity, from time to time, to vary any of

the terms and conditions of the said Contract or to extend time of performance by

the said Consultant or to postpone for any time and from time to time any of the

powers exercisable by it against the said Consultant and either to enforce or

forebear from enforcing any of the terms and conditions governing the said contract

or securities available to Corporation and the said Bank shall not be released from

its liability under these presents by any exercise by the Corporation of the liberty with

reference to the matters aforesaid or by reasons of time being given to the said

Consultant or any other forbearance, act or omission on the part of the Corporation

or any indulgence by the Corporation to the said Consultant or of any other matter or

thing whatsoever which under the law relating to sureties would but for this

provision have the effect of so releasing the said Bank from its such liability.

5. It shall not be necessary for the Corporation to proceed against the said Consultant

before proceeding against the said Bank and the Guarantee herein contained shall

be enforceable against the said Bank, notwithstanding any security which the

Corporation may have obtained or obtain from the Consultant shall, at the time when

proceedings are taken against the said Bank hereunder, be outstanding or

unrealized.

6. We, the said Bank, lastly undertake not to revoke this Guarantee during its currency

except with the previous consent of the Corporation in writing and agree that any

change in the constitution of the said Consultant or the said Bank shall not discharge

our liability hereunder. If any further extension of this Guarantee is required the

52

same shall be extended to such required periods on receiving instruction from

M/s.___________ on whose behalf this guarantee is issued.

In the presence of: For and on behalf of the Bank

Witness--------------

----------------------

Bank's common seal

The above Guarantee is accepted by Corporation.

For and on behalf of Corporation

Signature---------------------

Name and Designation----------

Date--------------

53

G- POWER OF ATTORNEY

(On Non-Judicial Stamp Paper of Appropriate value)

(a typical sample Format to be adopted suitably)

KNOW ALL MEN BY THESE PRESENTS THAT WE M/S

………………………………………………………………………………., A COMPANY

ORGANISED AND EXISTING UNDER THE LAWS OF (NAME OF COUNTRY

………………….……………) AND HAVING ITS REGISTERED/PRINCIPAL OFFICE

/PLACE OF BUSINESS

AT…………………………………………….………..……REPRESENTED BY (NAME

OF PERSONS) (THE “EXECUTANT”) DO HEREBY NOMINATE, CONSTITUTE,

AUTHORIZE AND APPOINT MR. […………Name of Attorney…………] , SON OF

[………………..…], RESIDENT OF [………………………………………………………]

AND PRESENTLY EMPLOYED WITH ], A COMPANY/ CORPORATION

ORGANISED AND EXISTING UNDER THE LAWS OF

……………………………………………. (NAME OF THE COUNTRY) AND HAVING

ITS REGISTERED OFFICE/PRINCIPAL PLACE OF BUSINESS AT

……………………….………………. AS OUR TRUE AND LAWFUL ATTORNEY

(THE “ATTORNEY”) TO DO IN OUR NAME AND ON OUR BEHALF ALL OR ANY

OF THE FOLLOWING ACTS, DEEDS AND THINGS IN CONNECTION WITH OR

IN RESPECT OF OR RELATING TO THE NOTICE INVITING TENDER NO. ………

DATED ………. (THE “NIT”) ISSUED BY SJVN LTD, A COMPANY ORGANISED

AND EXISTING UNDER THE LAWS OF INDIA AND HAVING ITS REGISTERED

OFFICE/PRINCILPAL PLACE OF BUSINESS (UNDER THE COMPANIES ACT)

(AT SJVN Ltd., Corporate Office Complex, Shakti Sadan, Shanan, Shimla-171006,

H.P. India) (THE “EMPLOYER”) FOR THE EXECUTION, CONSTRUCTION AND

DEVELOPMENT OF THE SERVICES DESCRIBED IN THE NOTICE INVITING

TENDER (NIT) (THE “SERVICES”) THAT IS TO SAY:

1. TO PREPARE, OFFER, SIGN, SUBMIT AND DELIVER TO THE EMPLOYER

THE EXECUTANT’S BID FOR THE SERVICES PURSUANT TO THE NIT (THE

“BID”) INCLUDING TO MAKE, SIGN (JV/Consortium Agreement), SUBMIT,

DELIVER, EXECUTE, AND ACCEPT ALL DOCUMENTS, INCLUDING JOINT

VENTURE/CONSORTIUM AGREEMENT, INFORMATION, APPLICATIONS

AND OTHER WRITINGS NECESSARY FOR OR INCIDENTAL TO THE

SIGNING, SUBMISSION AND DELIVERY OF THE BID TO THE EMPLOYER;

2. TO NEGOTIATE, ENTER INTO, SIGN AND EXECUTE, ACCEPT AND

DELIVER ALL CONTRACTS UNDERTAKINGS, ACCEPTANCES AND OTHER

54

WRITINGS CONSEQUENT UPON ACCEPTANCE OF THE EXECUTANT’S

BID;

3. PARTICIPATE IN BIDDERS’ AND OTHER CONFERENCES AND PROVIDE

ALL INFORMATION REQUIRED BY THE EMPLOYER AND TO

FURNISH/SEEK CLARIFICATIONS ARISING OUT OF OR RELATING TO THE

NIT AND, UPON AWARD OF THE CONTRACT CONSEQUENT TO THE

ACCEPTANCE OF THE EXECUTANT’S BID BY THE EMPLOYER;

4. TO REPRESENT AND ACT ON BEHALF OF THE EXECUTANT IN RESPECT

OF ALL MATTERS BEFORE THE EMPLOYER RELATING TO THE

EXECUTANT TO BID AND UPON THE ACCEPTANCE OF THE EXECUTANT’S

BID BY THE EMPLOYER INCLUDING THE RESULTANT CONTRAT ON SUCH

THE ACCEPTANCE OF THE EXECUTANT’S BID (THE “CONTRACT”) IN

RESPECT OF ALL MATTERS RELATING TO OR ARISING OUT OF OR

CONCERNING THE CONTRACT AND TO GENERALLY DEAL WITH THE

EMPLOYER ON BEHALF OF THE EXECUTANT IN ALL MATTERS ARISING

OUT OF OR IN CONNECTION WITH OR RELATING TO OR ARISING OUT OF

THE EXECUTANT’S BID. THE EMPLOYER BIDS THE NIT AND THE

CONTRACT IN THE EVENT OF ACCEPTANCE OF THE EXECUTANT;

5. AND GENERALLY TO DO ANY AND ALL OTHER AND FURTHER ACTS,

DEEDS AND THINGS WHICH ARE NECESSARY FOR OR INCIDENTAL TO

OR DEEMED APPROPRIATE FOR MORE EFFECTUAL EXERCISE OF THE

POWERS HEREBY CONFERRED.

AND We, the Executant above named do hereby agree and undertake to ratify

and confirm and do hereby ratify and confirm all acts, deeds and things lawfully

done or caused to be done by our said Attorney pursuant to and in exercise of

the powers hereby conferred and all acts, deeds and things done or caused to be

done by our said Attorney pursuant hereto shall always be deemed to be the

acts, deeds and things done by the Company itself.

IN WITNESS WHEREOF, THIS POWER OF ATTORNEY ON THIS [………]

DAY OF [……………………..], [20…..]……………………………….

………………………………. has been executed under the common seal of the

Company, at ---------------------(name of place).

For [Name of the Executant]

By …………………………………………

55

(Name of Officer)

Title

WITNESSES

1.

2.

[Notarized]

Notes:

The mode of execution of the Power of Attorney should be in accordance with

the procedure, if any, laid down by the applicable law and the charter documents

of the executant(s) and when it is so required, the same should be under

common seal affixed in accordance with the required procedure.

The Bidder should submit for verification the extract of the charter documents

and documents such as a resolution of its Board of Director/ power of attorney in

favour of the person executing this Power of Attorney for delegation of power

hereunder on behalf of the Bidder.

For a Power of Attorney executed and issued overseas, shall be duly apostilled

as per Hague Convention 1961 or duly stamped in accordance with Indian Stamp

Act, 1899 within three months from the date of receipt of POA in India.

* Strike out the form, if not applicable for the bidder.

56

H - PROFORMA FOR AGREEMENT

This agreement is made on the ________________ day of _________________

Between_______________________________________________

________________ (Name and address of Employer) (hereinafter called “SJVN”)

and ___________________________________________________________

(Name and address of Consultant) (hereinafter called “the Consultant” of the other

party).

Whereas the SJVN is desirous that the Consultant executes

_______________________________________________________________

(name and identification number of Contract) (hereinafter called “the Services”) and

the SJVN has accepted the Bid by the Consultant for the execution and completion

of such Services and the remedying of any defects herein, at a contract price of

Rs________________

NOW THIS AGREEMENT WITNESSETH as follow:

1. In this Agreement, words and expression shall assume the same meanings as

are respectively assigned to them in the Conditions of Contract hereinafter

referred to and they shall be deemed to form and be read and construed as part

of this Agreement.

2. In consideration of the payments to be made by the SJVN to the Consultant as

hereinafter mentioned, the Consultant hereby covenants with the SJVN to

execute and complete the Services and remedy the defects therein in conformity

in all aspects with the provisions of the Contract.

3. The SJVN hereby covenants to pay the Consultant in consideration of the

execution and completion of the Services and in the remedy the defects wherein

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.

4. The following documents shall be deemed to form and be read and construed as

part of this Agreement, viz.:

a) This Contract Agreement

b) Letter of Acceptance

c) Consultant’s offer

d) Invitation of bid proposal.

e) Any other document

57

5. The aforesaid documents shall be taken as complementary and mutually

explanatory of one another but in case of ambiguities or discrepancies shall take

precedence in the order set out above.

In witness whereof the parties have caused this Agreement to be executed the day

and year first before written.

The Common Seal of _____________ was hereunto affixed in the presence of:

Signed Sealed and Delivered by the said___________________

Binding Signature of Employer __________________________

Binding Signature of Consultant __________________________

In the presence of _______________________________

Note: This Proforma is included in the Bidding Documents only for the information of

the Bidders. Only the successful bidder shall in due course be required. To sign the

contract agreement to be prepared /finalized at appropriate stage.

58

SECTION-7

INTEGRITY PACT

59

(To be executed on plain paper at the time of submission of bid and on legal paper

of appropriate value by successful bidder (Consultant) prior to signing of Contract

Agreement)

PRE CONTRACT INTEGRITY PACT

(Format of Integrity Pact)

PRE CONTRACT INTEGRITY PACT

Between

SJVN Limited, a company incorporated under the relevant law in the matter and having its

registered office at SJVN Corporate Head Quarters, Shakti Sadan, Shanan, Shimla,

Himachal Pradesh, Pin Code-171006, hereinafter referred to as “The Employer” which

expression shall mean and include, unless the context otherwise requires, his successors in

office and assigns of the First Part.

And

M/s ________ , a company/ firm/ individual (status of the company) constituted in

accordance with the relevant law in the matter and having its registered office at

__________________ represented by Shri ________, hereinafter referred to as “The

Bidder/Consultant” which expression shall mean and include, unless the context otherwise

requires, his successors and permitted assigns of the Second Part.

WHEREAS the Employer proposes to procure under laid down organizational procedures,

contract for Appointment of Consultant For Assisting SJVN in Tariff Bidding for its Selection

as Developer for 900 MW BANDU PSP on Design, Build, Finance operate & Transfer basis

and the Bidder/Consultant is willing to offer against NIT No. DCB-CCD-BANDU-757-01

dated 12.02.2020.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from

any influence/prejudiced dealings prior to, during and subsequent to the currency of the

contract to be entered into with a view to:-

Enabling the Employer to obtain the desired said (work/ goods/ services) at a competitive

price in conformity with the defined specifications by avoiding the high cost and the

distortionary impact of corruption on public procurement, and

Enabling the Bidder(s)/Consultant(s) to abstain from bribing or indulging in any corrupt

practice in order to secure the contract by providing assurance to them that their competitors

will also abstain from bribing and other corrupt practices and the Employer will commit to

prevent corruption, in any form, by its officials by following transparent procedures.

60

1.0 Commitments of the Employer

1.1 The Employer undertakes that no official of the Employer, connected directly or

indirectly with the contract, will demand, take a promise for or accept, directly or

through intermediaries, any bribe, consideration, gift, reward, favour or any material

or immaterial benefit or any other advantage from the Bidder/Consultant, either for

themselves or for any person, organization or third party related to the contract in

exchange for an advantage in the bidding process, bid evaluation, contracting or

implementation process related to the contact.

1.2 The Employer will, during the pre-contract stage, treat all the Bidders/Consultants

alike, and will provide to all the Bidders/Consultants the same information and will

not provide any such information to any particular Bidder/Consultant which could

afford an advantage to that particular Bidder/Consultant in comparison to other

Bidders/Consultants.

1.3 All the officials of the Employer will report to the appropriate Authority any attempted

or completed breaches of the above commitments as well as any substantial

suspicion of such a breach.

1.4 In case any such preceding misconduct on the part of such official(s) is reported by

the Bidder to the Employer with full and verifiable facts and the same is prima facie

found to be correct by the Employer, necessary disciplinary proceedings, or any

other action as deemed fit, including criminal proceedings may be initiated by the

Employer or Independent External Monitor and such a person shall be debarred from

further dealings related to the contract process. In such a case while an enquiry is

being conducted by the Employer the proceedings under the contract would not be

stalled.

2.0 Commitments of the Bidder(s)/Consultant(s)

The Bidder(s)/Consultant(s) commits itself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during any pre-

contract or post-contract stage in order to secure the contract or in furtherance to secure it

and in particular commit itself to the following :-

2.1 The Bidder(s)/Consultant(s) will not offer, directly or through intermediaries, any bribe,

gift, consideration, reward, favour, any material or immaterial benefit or other

advantage, commission, fees, brokerage or inducement to any official of the

Employer, connected directly or indirectly with the bidding process, or to any person,

organization or third party related to the contract in exchange for any advantage in

the bidding, evaluation, contracting and implementation of the contract.

2.2 The Bidder/Consultant further undertakes that it has not given, offered or promised to

give, directly or indirectly any bribe, gift consideration, reward, favour, any material or

immaterial benefit or other advantage, commission, fees, brokerage or inducement to

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any official of the Employer or otherwise in procuring the Contract or forbearing to do

or having done any act in relation to the obtaining or execution of the contract or any

other contract with Employer for showing or forbearing to show favour or disfavor to

any person in relation to the contract or any other contract with Employer.

2.3 The Bidder(s)/Consultant(s) shall disclose the name and address of agents and

representatives and Indian Bidder(s)/Consultant(s) shall disclose their foreign

principals or associates.

2.4 The Bidder(s)/Consultant(s) shall disclose the payments to be made by them to

agents/brokers or any other intermediary, in connection with this bid/contract.

2.5 The Bidder, either while presenting the bid or during pre-contract negotiations or

before signing the contract, shall disclose any payments he has made, is committed

to or intends to make to officials of the Employer or their family members, agents,

brokers or any other intermediaries in connection with the contract and the details of

services agreed upon for such payments.

2.6 The Bidder/Consultant will not collude with other parties interested in the contract to

impair the transparency, fairness and progress of the bidding process, bid

evaluation, contracting and implementation of the contract.

2.7 The Bidder/Consultant will not accept any advantage in exchange for any corrupt

practice, unfair means and illegal activities.

2.8 The Bidder/Consultant shall not use improperly, for purposes of competition or

personal gain, or pass on to others, any information provided by the Employer as

part of the business relationship, regarding plans, technical proposals and business

details, including information contained in electronic data carrier. The

Bidder/Consultant also undertakes to exercise due and adequate care lest any such

information is divulged.

2.9 The Bidder(s)/Consultant(s) commits to refrain from giving any complaint directly or

through any other manner without supporting it with full and verifiable facts.

2.10 The Bidder(s)/Consultant(s) shall not instigate or cause to instigate any third person

to commit any of the actions mentioned above.

2.11 If the Bidder/Consultant or any employee of the Bidder/Consultant or any person

acting on behalf of the Bidder/Consultant, either directly or indirectly, is a relative of

any of the officers of the Employer, or alternatively, if any relative of an officer of the

Employer has financial interest/stake in the Bidder(s)/Consultant(s) firm (excluding

Public Ltd. Company listed on Stock Exchange), the same shall be disclosed by the

Bidder/Consultant at the time of filling of tender.

The term ‘relative’ for this purpose would be as defined in Section 2(77) of the

Companies Act 2013.

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2.12 The Bidder(s)/Consultant(s) shall not lend to or borrow any money from or enter into

any monetary dealings or transactions, directly or indirectly, with any employee of the

Employer.

2.13 The Bidder/supplier shall follow all rules and regulations of India.

2.14 The Bidder in its workplace shall also ensure to:

Maximizing economic benefits for people in the host country, including affected

communities. Economic benefits may include public revenues and non-revenue

benefits such as capital contributions, income generation through the creation of

employment and business opportunities, capacity building, technology transfers and

infrastructure development.

Minimizing negative impacts on people’s lives, for instance linked to land takings or

resource degradation, and ensuring that economic benefits are distributed equitably

and used for poverty reduction and broad-based development.

Minimizing environmental damage from project implementation and promoting

investments in more environmentally friendly sectors such as renewable energy.

3.0 Previous Transgression

3.1 The Bidder(s)/Consultant(s) declares that no previous transgression occurred in the

last three years immediately before signing of this Integrity Pact, with any other

company in any country in respect on any corrupt practices envisaged hereunder or

with any Public Sector Enterprise / Government Department in India.

3.2 The Bidder agrees that if it makes incorrect statement on this subject, Bidder can be

disqualified from the tender process or the contract, if already awarded, can be

terminated for such reason.

4.0 Earnest Money (Security Deposit)

The provision regarding Earnest Money/Security Deposit as detailed in the Notice

Inviting Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to

be referred.

5.0 Sanctions for Violations

5.1 Any breach of the aforesaid provisions by the Bidder/Consultant or any one employed

by it or acting on its behalf shall entitle the Employer to take action as per the

procedure mentioned in the “Guidelines on Banning of Business Dealings”

attached as Annex-A and initiate all or any one of the following actions, wherever

required:-

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(i) To immediately call off the pre contract negotiations without assigning any reason

or giving any compensation to the Bidder/Consultant. However, the proceedings

with the other Bidder(s)/Consultant(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security

Deposit/Performance Bond (after the contract is Signed) shall stand forfeited

either fully or partially, as decided by the Employer and the Employer shall not be

required to assign any reason thereof.

(iii) To immediately cancel the contract, if already signed, without giving any

compensation to the Consultant. The Bidder/Consultant shall be liable to pay

compensation for any loss or damage to the Employer resulting from such

cancellation/rescission and the Employer shall be entitled to deduct the amount so

payable from the money(s) due to the Bidder/Consultant.

(iv) To encash the Bank guarantee, in order to recover the dues if any by the

Employer, along with interest as per the provision of contract.

(v) To debar the Bidder/Consultant from participating in future bidding processes of

Employer, as per provisions of “Guidelines on Banning of Business Dealings”

(Annex-A), which may be further extended at the discretion of the Employer.

(vi) To recover all sums paid in violation of this Pact by Bidder(s)/Consultant(s) to any

middleman or agent or broker with a view to securing the contract.

(vii) In cases where irrevocable Letters of Credit have been received in respect of any

contract signed by the Employer with the Bidder/ Consultant, the same shall not

be opened/operated.

(viii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit

the same without assigning any reason for imposing sanction for violation of this

Pact.

5.2 The Employer will be entitled to take all or any of the actions mentioned at para 6.1 (i)

to (viii) of this Pact also on the Commission by the Bidder/Consultant or any one

employed by it or acting on its behalf (whether with or without the knowledge of the

Bidder/Consultant), of an offence as defined in Chapter IX of the Indian Penal Code,

1860 or Prevention of Corruption Act, 1988 or any other statute enacted for

prevention of corruption in Employer’s country.

5.3 The decision of the Employer to the effect that a breach of the provisions of this Pact

has been committed by the Bidder / Consultant shall be final and conclusive on the

Bidder / Consultant. However, the Bidder/Consultant can approach the Independent

External Monitor(s) appointed for the purposes of this Pact.

6.0 Independent External Monitor(s)

6.1 The Employer has appointed Independent External Monitor(s) (hereinafter referred to

as Monitors) for this Pact.

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6.2 The task of the Monitors shall be to review independently and objectively, whether

and to what extent the parties comply with the obligations under this Pact.

6.3 The Monitors shall not be subject to instructions by the representatives of the parties

and perform their functions neutrally and independently.

6.4 Both the parties accept that the Monitors have the right to access all the documents

relating to the project/procurement, including minutes of meetings. The right to

access records should only be limited to the extent absolutely necessary to

investigate the issue related to the subject tender/contract.

6.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he

will so inform CMD/CEO/MD of Employer and request Employer to discontinue or

take corrective action, or to take other relevant action. The Monitor can in this regard

submit non-binding recommendations. Beyond this the Monitor has no right to

demand from the parties that they act in a specific manner, refrain from action or

tolerate action.

6.6 The Bidder(s)/Consultant(s) accepts that the Monitor has the right to access without

restriction, to all Project documentation of the Employer including that provided by

the Bidder/Consultant. The Bidder/Consultant will also grant the Monitor, upon his

request and demonstration of a valid interest, unrestricted and unconditional access

to his project documentation. The same is applicable to Sub-Consultant(s). The

Monitor shall be under contractual obligation to treat the information and documents

of the Bidder/Consultant/Sub-Consultant(s) with confidentiality.

6.7 The Employer will provide to the Monitor sufficient information about all meetings

among the parties related to the project provided such meetings could have an

impact on the contractual relations between the parties. The parties will offer to the

Monitor the option to participate in such meetings as and when required.

6.8 The Monitor will submit a written report to the CMD/CEO/MD of Employer within 10

days from the date of reference or intimation to him by the Employer/Bidder and

should the occasion arise, submit proposals for correcting problematic situations.

6.9 The word ‘Monitor’ would include both singular and plural.

7.0 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of

commission, the Employer or its agencies shall be entitled to examine all the documents

including the Books of Accounts of the Bidder/Consultant and the Bidder/Consultant shall

provide necessary information and documents in English and shall extend all possible help

for the purpose of such examination.

8.0 Law and Place of Jurisdiction

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This Pact is subject to Indian Law. The place of performance and jurisdiction is the

Registered Office of the Employer i.e. Shimla. The arbitration clause provided in the tender

document/contract shall not be applicable for any issue/dispute arising under Integrity Pact.

9.0 Other Legal Actions

9.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal

action that may follow in accordance with the provisions of the extant law in force

relating to any civil or criminal proceedings.

9.2 Changes and supplements as well as termination notice need to be made in writing.

9.3 If the Consultant is a partnership or a consortium or a joint venture, this pact must be

signed by all partners of the consortium/joint venture.

10.0 Validity

10.1 The validity of this Integrity Pact shall be from date of its signing and extend upto the

complete execution of the contract to the satisfaction of both the Employer and the

Bidder/Consultant/Seller, including warranty period, whichever is later. In case

BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the

date of the signing of the contract or six months from the date of opening of price

bids, whichever is earlier.

10.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of

this Pact shall remain valid. In this case, the parties will strive to come to an

agreement to their original intention.

The Parties hereby sign this Integrity Pact at ____________ on ______________.

Employer Bidder

Name of Officer (Authorized person)

Designation (Name of Person)

Designation

Place_______ Place________

Date________ Date_________

Witness 1._________ Witness 1_____________

(Name and address) (Name and address)

2.________________ 2.______________

(Name and address) (Name and address)

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Annex-A

Guidelines on banning of business dealings

Contents

S. No. Description

1.0 Introduction

2.0 Scope

3.0 Definitions

4.0 Initiation of Banning/Suspension

5.0 Suspension of Business Dealings

6.0 Ground on which Banning of Business dealing can be initiated

7.0 Banning of Business dealings

8.0 Removal from List of Approved agencies-Suppliers/Consultants etc.

9.0 Show-cause Notice

10.0 Appeal against the Decision of the Competent Authority.

11.0 Circulation of the names of Agencies with whom Business Dealings have

been banned.

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Guidelines on Banning of Business Dealings

1.0 Introduction

1.1 Employer deals with Agencies viz. parties/ Consultants/ suppliers/ bidders, who are

expected to adopt ethics of highest standards and a very high degree of integrity,

commitments and sincerity towards the work undertaken. It is not in the interest of

Employer to deal with Agencies who commit deception, fraud or other misconduct in

the tendering process.

1.2 Since banning of business dealings involves civil consequences for an Agency

concerned, it is incumbent that adequate opportunity of hearing is provided and the

explanation, if tendered, is considered before passing any order in this regard

keeping in view the facts and circumstances of the case.

2.0 Scope

2.1 The Information for Bidders/ Instruction to Bidders and even the General Conditions

of Contract (GCC) of Employer generally provide that Employer shall have the rights

to remove from list of approved suppliers / Consultants or to ban business dealings if

any Agency has been found to have committed misconduct or fraud or anything

unethical not expected from a reputed Consultant.

2.2 The procedure of (i) Removal of Agency from the List of approved suppliers /

Consultants; (ii) Suspension and (iii) Banning of Business Dealing with Agencies,

has been laid down in these guidelines.

2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional Offices/

Liaison Offices of SJVN including its subsidiaries and JVs.

2.4 It is clarified that these guidelines do not deal with the poor performance of the

Consultants/ Agencies.

2.5 The banning shall be with prospective effect, i.e. future business dealings.

3.0 Definitions

In these Guidelines, unless the context otherwise requires:

i) “Party / Consultant / Supplier / Bidders” shall mean and include a public limited

company or a private limited company, a joint Venture, Consortium, HUF, a firm

whether registered or not, an individual, cooperative society or an association or a

group of persons engaged in any commerce, trade, industry, etc. “Party / Consultant/

Supplier / Bidder’ in the context of these guidelines is indicated as ‘Agency’.

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ii) “Unit” shall mean the Project/ Power Station/ Regional Office/ Liaison Office.

iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:-The

concerned Director shall be the ‘Competent Authority’ for the purpose of these

guidelines. CMD shall be the ‘Appellate Authority’ in respect of such cases.

iv) “Investigating Committee” shall mean any Officer/Committee appointed by

Competent Authority to conduct investigation.

v) “List of approved Agencies viz. Parties / Consultants / Suppliers/Bidders” shall

mean and include list of Parties/ Consultants / Suppliers / Bidders etc if registered

with Employer.

4.0 Initiation of Banning / Suspension

Action for banning /suspension business dealings with any Agency shall be initiated

by the department responsible for invitation of bids after noticing the irregularities or

misconduct on the part of Agency concerned. Besides the concerned department,

Vigilance Department of each Unit/ Corporate Vigilance may also be competent to

initiate such action.

5.0 Suspension of Business Dealings.

5.1 If the conduct of any Agency dealing with Employer is under investigation, the

Competent Authority may consider whether the allegations (under investigation) are

of a serious nature and whether pending investigation, it would be advisable to

continue business dealing with the Agency. If the Competent Authority, after

consideration of the matter including the recommendation of the Investigating

Committee, if any, decides that it would not be in the interest to continue business

dealings pending investigation, it may suspend business dealings with the Agency.

The order of suspension would operate for a period not more than six months and

may be communicated to the Agency as also to the Investigating Committee. The

Investigating Committee may ensure that their investigation is completed and whole

process of final order is over within such period. However, if investigations are not

completed in six months time, the Competent Authority may extend the period of

suspension by another three months, during which period the investigations must be

completed.

5.2 The order of suspension shall be communicated to all Departmental Heads of SJVN

(including its subsidiaries and JVs) and Heads of the Units. During the period of

suspension, no business dealing may be held with the Agency.

5.3 As far as possible, the existing contract(s) with the Agency may continue unless the

Competent Authority, having regard to the circumstances of the case, decides

otherwise.

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5.4 If the Agency concerned asks for detailed reasons of suspension, the Agency may

be informed that its conduct is under investigation. It is not necessary to enter into

correspondence or argument with the Agency at this stage.

5.5 It is not necessary to give any show-cause notice or personal hearing to the Agency

before issuing the order of suspension.

6.0 Ground on which Banning of Business Dealings can be initiated:

6.1 If the security consideration, including questions of loyalty of the Agency to Employer

so warrants;

6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted by

a Court of Law for offences involving moral turpitude in relation to its business

dealings with the Government or any other public sector enterprises, during the last

three years.

6.3 If business dealings with the Agency have been banned by the Department of

Power, Government of India and the relevant government department of Employer’s

Country.

6.4 If the Agency has resorted to corrupt, fraudulent practices including

misrepresentation of facts;

6.5 If the Agency uses intimidation / threatening or brings undue outside pressure on

Employer or its official for acceptance / performances of the job under the contract;

6.6 If the Agency misuses the premises or facilities of Employer, forcefully occupies or

damages Employer’s properties including land, water resources, forests / trees or

tampers with documents/records etc. (Note: The examples given above are only

illustrative and not exhaustive. The Competent Authority may decide to ban business

dealing for any good and sufficient reason).

7.0 Banning of Business Dealings

7.1 A decision to ban business dealings with any Agency shall apply throughout SJVN

including its subsidiaries/JVs.

7.2 There will be an Investigating Committee consisting of officers not below the rank of

AGM/DGM from Indenting Division, Finance, Law and Contracts. Member from

department responsible for invitation of bids shall be the convener of the committee.

The functions of the committee shall, inter-alia include:

i) To study the report of the unit/division responsible for invitation of bids and

decide if a prima-facie case for banning exists, if not, send back the case to the

Competent Authority.

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ii) To recommend for issue of show-cause notice to the Agency by the concerned

unit/division as per clause 9.1.

iii) To examine the reply to show-cause notice and call the Agency for personal

hearing, if required.

iv) To submit final recommendations to the Competent Authority for banning or

otherwise.

8.0 Removal from List of Approved Agencies - Suppliers/ Consultants,

etc.

8.1 If the Competent Authority decides that the charge against the Agency is of a minor

nature, it may issue a show-cause notice as to why the name of the Agency should

not be removed from the list of approved Agencies - Suppliers / Consultants, etc.

8.2 The effect of such an order would be that the Agency would not be qualified for

competing in Open Tender Enquiries or Limited Tender Enquiries till the period

mentioned in the order.

8.3 Past performance of the Agency may be taken into account while processing

approval of the Competent Authority for award of the contract.

9.0 Show-cause Notice

9.1 In case where the Competent Authority decides that action against an Agency is

called for, a show-cause notice has to be issued to the Agency, Statement

containing the imputation of misconduct or misbehavior may be appended to the

show-cause notice and the Agency should be asked to submit within 15 days a

written statement in its defense.

9.2 If the Agency requests for inspection of any relevant document in possession of

Employer, necessary facility for inspection of documents may be provided.

9.3 The Competent Authority may consider and pass an appropriate speaking order:

a) For exonerating the Agency if the charges are not established;

b) For removing the Agency from the list of approved Suppliers / Contactors, etc.

c) For banning the business dealing with the Agency.

9.4 If it decides to ban business dealings, the period for which the ban would be

operative may be mentioned.

10.0 Appeal against the Decision of the Competent Authority

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10.1 The Agency may file an appeal against the order of the Competent Authority banning

business dealing etc. The appeal shall be filed to Appellate Authority. Such an

appeal shall be preferred within one month from the date of receipt of the order

banning business dealing, etc.

10.2 Appellate Authority would consider the appeal and pass appropriate order which

shall be communicated to the Agency as well as the Competent Authority.

11.0 Circulation of the names of Agencies with whom Business

Dealings have been banned

i) The concerned unit shall forward the name and details of the Agency(ies) banned to

IT&C Division of SJVN’s Corporate Office for displaying the same on SJVN website.

ii) Corporate Contracts Department shall also forward the name and details of the

Agency(ies) banned to the Ministry of Power, GoI besides forwarding the name and

details to the contracts/procurement group of all CPSUs of power sector.

______________

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Annex-B

FORM OF DECLARATION OF ELIGIBILITY

UNDERTAKING

I / We, M/s ………………………………..(Name of Bidder) hereby certify that I / we

have not been banned /de-listed/ black listed / debarred from business by any PSU /

Govt. Department during last 03 (three) years on the grounds mentioned in Para 6 of

Guidelines on banning of Business dealing, ITB Clause No. 24 of Tender Document.

(Seal & signature of the Bidder)