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MAHARASHTRA STATE POWER GENERATION COMPANY LTD.
KORADI THERMAL POWER STATION
KORADI – 441111.
MAHARASHTRA STATE (INDIA)
REQUEST FOR PROPOSAL (RFP)
Coal Fired Power Station Rehabilitation Project
Consultancy Services for Feasibility study Support & preparation of
DPR for renovation / refurbishment of Coal Handling Plant (CHP),
Koradi Thermal Power Plant 1x200 MW & 2x210 MW Koradi,
Dist. Nagpur (Maharashtra).
(Under World Bank Project)
Selection of Consultant
Quality Based Selection [QBS]
October-2014
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CONTENTS
Section 1: Letter of Invitation
Section 2: Instructions to Proposals
- List of Key Professional (Annex.-1)
- Data Sheet
Section 3: Technical Proposal – Standard Forms
Section 4: Financial Proposal – Standard Forms
Section 5: Terms of Reference (TOR)
Section 6: Standard Forms of Contract & Annexure
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REQUEST FOR PROPOSAL (RFP)
Coal Fired Power Station Rehabilitation Project
Consultants’ Services
Section 1
Letter of Invitation
MAHARASHTRA STATE POWER GENERATION COMPANY
LIMITED
KORADI THERMAL POWER STATION, KORADI.
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Section 1. Letter of Invitation
Invitation No.: CE/KTPS/CHP/R&M/U-6/RFP/--------/ -------- /--------/ Date:-
Sub: Consultancy Services for Feasibility study support & preparation of DPR for renovation /
refurbishment of Coal Handling Plant (CHP) of Koradi Thermal Power Plant 1x200 MW &
2x210 MW Koradi, Dist Nagpur, (Maharashtra).
To,
Dear Sir,
---------------------------------------
----------------------------------------
Maharashtra State Power Generation Company Ltd. (MAHAGENCO) invites Proposals from
globally renowned Consultancy Firms to provide the following Consulting Services: The scope
of assignment will be the feasibility study support for renovation / refurbishment of coal
handling plant & Modernization and Life Extension.
More details on the Services are provided in the attached Terms of Reference(TOR).
The Request for proposal [RFP] has been addressed to the proposed consultants for following
studies. Requested Consultant services will mainly comprise: Feasibility study. Energy audit,
illumination survey, preparation of DPR, Design as per finalization of scope, preparation of
bidding documents & valuation of receiving bid for engineering project contractor (EPC).
A firm will be selected under Quality Based Selection (QBS).
The Request for proposal (RFP) includes the following documents:
Section 1: Letter of Invitation
Section 2: Instructions to Proposals
- List of Key Professional (Annex.-1)
- Data Sheet
Section 3: Technical Proposal – Standard Forms
Section 4: Financial Proposal – Standard Forms
Section 5: Terms of Reference (TOR)
Section 6: Standard Forms of Contract & Annexure
Please inform us, upon receipt: That you received the letter of invitation; and whether you will
submit a proposal alone or in association as a Joint Venture confirming joint and several
liabilities or as Sub-consultants.
A complete set of documents in soft format may be downloaded from MAHAGENCO Web-
Site sets.mahagenco.in e-Tendering web. While submitting the RFP the documents viz- VAT/
TIN, Service tax Registration No. firm registered with MAHAGENCO should clearly
mentioned on the sealed envelop of top cover, non fulfillment of the same shall be rejected the
offer. If the firm is not registered with MAHAGENO may please be get registered. Details are
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available on our web site.
Pre Submission Meeting Dt. 17th
Nov 2014 at 15.00 Hrs on above address.
Submission of queries by bidders Dt. 24th
Nov 2014 up to 17.00 Hrs.
Clarification to the queries by KTPS Dt. 2nd
Dec 2014.
Bids must be submitted to the above address on or before Dt. 15th
Dec 2014 up to
17.00 Hrs.
RFP will be opened in the presence of bidders' authorized representatives (Details
available in documents) who choose to attend at 15.30 Hrs. on 16th
Dec 2014 at the
office of the Chief Engineer, Koradi Thermal Power Station, MSPGCL, Koradi –
441111, Dist. Nagpur, (MS), India.
Contact Person: - Executive Engineer (CHP), KTPS, Koradi. (Mob. No. +91 9423788232)
Yours sincerely,
Chief Engineer (O&M)
Maharashtra State Power Generation Company Ltd.
Koradi Thermal Power Station, Koradi – 441111.
Maharashtra, India.
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REQUEST FOR PROPOSAL (RFP)
Coal Fired Power Station Rehabilitation Project
Consultants’ Services
Section 2
Instructions to Proposals
MAHARASHTRA STATE POWER GENERATION COMPANY
LIMITED
KORADI THERMAL POWER STATION, KORADI.
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Instruction to Proposal
The Project Executing Agency (PEA) is Maharashtra State Power Generation Company
Limited, KTPS, Koradi.
1. General
The procedures, rules and regulations applicable to the proposal required by this Request for
Proposal (RFP) for the assignment of Consultants, as complemented and specified by this RFP.
The Consultant shall submit proposal in single envelop: (a) Information about the bidders, (b)
the Bid for Services.
The package shall display the following information:
- The address where the proposals have to be sent
- The title of the call for proposals such as indicated in the invitation letter.
- The proposal„s name.
- The following words clearly visible: “Call for Proposals – Not to be opened by the
Postal Service”.
Opening and evaluation of the bids is as follows.
a) Evaluation of the information about the bidder Creation of evaluation report &
short listing of candidate for request for tender.
The language of the proposal is English.
The PEA reserves the right to reject any / all the bids which are not complying with the rules
laid down in this “Instruction to Proposal” without giving a reason to the bidder.
2. Submission Date and Addresses
Submission date is Dt. ---------------- up to ---------Hrs. (Indian time). Proposals shall be
submitted not later than the submission date and time copy to,
Chief Engineer (O&M),
Maharashtra State Power Generation Company Limited,
Koradi Thermal Power Station, Koradi – 441111.
Maharashtra State, India.
Telephone: (07109) 262106, 262109, 262141 to 262146.
FAX: (07109) 262127, 262847, 262864.
E-mail: [email protected]
One set of the proposal sent to the PEA shall be marked "Original" and be signed by the
authorised representatives of the bidder. In case of any differences between original and copies
of the documents, only the original shall be considered.
For timely delivery the submission at Mahagenco‟s offices at the indicated time and date is
relevant.
The validity of the proposal for services shall be 6 months after closing date.
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3. Scope & Content of qualification document:-
The evaluation bid received will be done according to the process of post qualification i.e. the
bidder shall submit the information concerning their qualification together with their main
offer. The qualification document shall have the following structure & content;
A brief description of the consulting firm & its associates (if any), the corporate profile &
status.
Statement of personal structure (number & qualifications) summery experience statement of
personal proposed for key position (Team leader, Energy auditor etc Annex 1). Work
experience under various working condition in developing countries, in the region & /or India
will be an advantage.
Proof, that financial resources are deemed by the project executing agency & agency to be
adequate in relation to the volume of services required. The applicants must prove that their
financial resources are adequate by presenting confirmation of the guarantee limit from their
bank, which must be more than six months old and balance sheets & profit & loss accounts for
the last three years. Applicants who submits no or insufficient documentation on this will be
excluded.
An outline of the firm & its associates (if any) recent (5-10 years) experience on assignment of
similar nature & the firm‟s working knowledge in foreign countries, especially in the region
any / or India and summarising the consultants qualifications & experience.
In case of young consultancy firms or firms wishing to widen their range of services & include
new sector of operation and/ or region, the experience potential of the key personal available
for the project will be used for the assessment, as otherwise the firm would be disadvantaged in
competition with other applicants owing to the lack of reference projects.
Curriculum vitae of consultant‟s key personnel who will provide monitoring and back-up
services from the home office, including their specific knowledge & experience in handling the
project.
If firms are bidding jointly a binding declaration must be given who is the lead manager &
what form the cooperation will take (joint venture, sub contracting, other forms) A declaration
of intent must be enclosed . This applies also to cooperation with local consultant companies.
As per MAHAGENCO‟s policy to require that the consultants observe the highest standard of
ethic during the selection procedure & execution of the contract. Consultants should be aware
that any fraudulent or corrupt activity disqualifies them immediately from this project & will
be subject to further legal investigation. They acknowledge this by signing a corresponding,
legally binding declaration of undertaking pursuant to appendix of section 6 of the attached
guidelines for the assignment of consultants in financial cooperation with developing countries.
Declaration on associated firms according to format.
The qualification bid/ information about the bidder, document should be strictly in the
following sequence, separated by separators.
1. Covering letter.
2. Presentation of firm / company profile.
3. Statement of affiliation if any / Company Incorporation certificate
4. Declaration of Ethics as per given format
5. Statement of Financial capacity as given above for last three years.
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6.
6.1 Experience in handling similar projects
a) Experience in Rehabilitation Projects.
b) Experience with coal fired power plants with capacity 120 MW and above.
c) Experience in feasibility study, energy audit, conduction assessment study & DPR &
Specifications preparation of coal handling plant.
6.2 Experience under various working conditions in developing countries
6.3 Experience of region or country, preferably in the same sector
7. Suitability for this specific project:
7.1 Assessment of available technical knowledge specific to this project
7.2 Assessment of the personnel structure in regard to the tasks expected
7.3 Assessment of the key personnel in permanent employment and always available to
monitor the team and provide back-up services from the home office
3. Scope and Content of Bid for Services
The Bid for Services shall contain following in the technical proposal standard forms in same
sequence.
I. A detailed critical analysis and the Consultant's interpretation of the Terms of Reference
(TOR). The Consultant is encouraged to present critical comments and suggestions on
the TOR, if any, especially if they relate to project outcomes.(Tech-3)
II. Conceptual approach and methodology proposed to carry out the services.(Tech-4)
III. General and individual work plans or tasks and their implementation schedule in terms of
time and staff-months input. (Tech-8)
IV. Other organisational and logistical aspects of the project, including an organisation chart,
time and staffing schedules indicating staff-month input, duration and deployment details
(field and home office assignment) of Consultant's expatriate and local staff. (Tech-7)
V. Details on the composition, selection, administration and experience of the proposed
team (including the envisaged personnel for home office support), together with
description of tasks to be assigned to each associate (if any) and within this to each
professional.(Tech-5)
VI. A detailed description of tasks to be performed by the Consultant and those assumed to
be contributed by others (i.e. PEA, local authorities, and sub-contractors). An estimate of
office space, vehicles, equipment, etc. required to carry out the proposed services.
VII. An assessment of the requirements for local facilities and support (office, office
equipment, transportation, etc.) available through the PEA or others and those to be
provided by the Consultant. It is recommended to verify all local physical, technical and
logistical conditions, which might influence the performance of work.
VIII. The structure of the proposal shall follow the above requirements, CV‟s shall be listed in
alphabetical order, and each section of the proposal shall be preceded by a detailed
overview of the contents. (Tech-6)
IX. TECH-2 Consultant‟s Organization and Experience
A Consultant‟s Organization
B Consultant‟s Experience
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6. Organisation
The PEA will nominate a member of his staff as Nodal Officer. It will be the Consultant's duty
to maintain close contact with him on all aspects of work. As a matter of principle all formal
communications relating to the work will be directed to the attention of the Nodal Officer.
7. Time Schedule for DPR Total time schedule for this study & submission of DPR 6 (Six)
months.
The time for commencement of the services until presentation of draft final report is expected
to be in the order of 3 months. The interim report is to be expected to be presented 30 days.
Approval time for review & comments by PEA / company is fixed at 30 days.
It is the responsibility of the Consultant to establish his own detailed work program where he is
entirely free, within the above-mentioned time frame, in accordance with his professional
judgement and knowledge of the local conditions.
Time is essence of this contract, energy audit of CHP plant study should be completed
with in stipulated period.
Total time schedule upto submission of the EPC evaluation report 540 days.
Dismantling & assembling of equipment will be under owner‟s scope.
8. Contributions of the Project-Executing Agency
The PEA will provide free of charge all existing information, data, reports and maps as far as
available and will assist the Consultant in obtaining other relevant information and materials
from governmental institutions and state authorities as far as possible. However, it is the duty
of the Consultant to check availability, quality and suitability of this information. The
information, data, reports etc. as mentioned above will be available for the Consultant.
An adequately office space including computer facilities will be made available during the
execution of Consultant's services by the PEA.
No accommodation and a vehicle with driver shall be provided for the expatriate and local
experts.
The PEA will nominate a team of experts who will cooperate with the Consultant at site.
Issuing of security gate pass as per MAHAGENCO rules and regulations for foreign delegation
of your company or experts other than your company wish to visit against the plant, you will
have to take prior permission from MAHAGENCO / PEA & have to submit valid passport &
VISA issued by the statutory authority before one week so that necessary security gate pass/
passes can be made ready with in time.
9. Evaluation of Proposals
Only those Consultants will be included in the selection whose qualification and whose
financial resources are deemed adequate in relation to the volume of services required. The
Consultants must prove that their financial resources are adequate, i.e. by presenting
confirmation of the guarantee limit from their bank, which must not be more than six months
old. Consultants who submit no documentation or insufficient documentation on this will not
be included in the evaluation process. The following criteria and their individual weight in
points will be employed for evaluation of the qualification documents:
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The evaluation of proposals will be carried out in the first stage exclusively on the basis of the
Qualification Documents. Only those proposals will be accepted which will be gain 70 or more
of the maximal 100 evaluation points.
The following criteria and their individual weight in points will be employed for evaluation of
the bid for services:
10. Project Management and Reporting
The project management of the Consultant has to assure the timely performance of the
feasibility study and a high degree of reliability and quality of the results. Since the time frame
of the feasibility study will be short, the detailed planning and the co-ordination of the various
activities between and within the partners of the Consultant but also with PEA, the power
plants and the various public institutions in India is very important. The Project Management
reports three days after each project month on the progress of the "Project" in writing in the
following format (total of app. 3 pages):
(i) Executive Summary, stating the main results and open questions, the problems in
Achieving the schedule, degree of progress versus plan.
(ii) Status of Project for each of the main items of the scope of services incl. remedial
measures to keep the schedule and assure the quality of the work and
In particular the Consultant shall submit the following reports, written in English language in 2
copies to the power plants.
Maximum Score
1. Evidence of relevant experience gained by consultants during the past five
years (experience of the firm)
40
1.1 Experience in handling similar projects:
- Preparation and specification of R&M projects for coal fired thermal power
plants with unit sizes above 120 MW.
- Familiarity & upgrading of 120MW and above CHP
- Experience in feasibility study, Energy Audit, & DPR for such power plants.
- Experience in coal fired thermal power plants with unit sizes above 120 MW.
20%
20%
20%
10%
1.2 Experience under various working-conditions in developing countries. 15%
1.3 Experience with working-conditions in the Indian Energy sector. 15%
2. Suitability for this specific project 60
2.1 Assessment of available technical expertise specific to this project 20%
2.2 Assessment of the personnel structure in regard to the tasks expected. 55%
2.3 Assessment of the key personnel in permanent employment and always available
to monitor the team and provide back-up services from the home office.
15%
2.4 Form of the application documents: Are they complete, concise and related to the
project.
10%
Total points 100
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Interim report not later than 30 days after commencement of services which shall cover the
following general subjects:
(i) Brief description of KTPS.
(ii) Likely technical solution (basic design and investment measures)
(iii) Proposed proposaling procedure under the given boundary conditions,
(iv) Draft organization & management concept for the execution
(v) Risks during implementation and in the long term technical operation
(vi) Environmental considerations.
• Final Report approx. 6 months after commencement of services. This report shall
include all the aspects of the TOR. The results shall be presented in a brief and concise
way. Supporting calculations, drawings, maps etc. shall be compiled in an annex. The
information for the cost estimate and the calculations concerning the economical
viability of the project shall include all assumptions and information which form the
basis for the calculations.
• Monthly Progress Reports in electronic format.
• And other Reports as deemed necessary.
• Consultant will attend the meeting at H.O. / PEA site / MERC /CEA office if PEA
desire so. Power point presentation at Koradi, MAHAGENCO H.O. Mumbai after final
DPR report.
All reports have to be prepared in DIN A4 format and in electronic form (Word, Excel, Power
Point, pdf files). Size of letters and line spacing should be adequate.
Termination of Contract: Termination by the Employer
The employer may terminate this contract at any time upon written notice of not less than 30
days without assigning any reason by the employer. Upon receipt of such notice, the consultant
shall promptly and orderly bring the services to a close and shall deliver to the employer all
reports, drafts and other documents prepared up to this date.
Consequences of Termination
a) If the termination is not due to a default on the part of the Consultant, the
Consultant shall be entitled to the fee accrued until the date of termination of the
Contract as well as to the reimbursement of all expenses incurred until the date of
termination of the Contract and for any loss or damage caused by such termination.
b) If the termination is due to a default on the part of the Consultant, the Employer
shall be entitled to claim damages for any direct loss resulting from such default
including the amount paid.
Settlement of Disputes
a) All disputes arising from, or in connection with, this Contract should be settled
amicably between the contracting parties.
b) All disputes that cannot be settled amicably by the contracting parties shall finally
and exclusively be settled in accordance with the Laws of Arbitration of India by
an arbitration committee composed of three arbitrators appointed in accordance
with said Laws. The venue of arbitration shall be Nagpur (Maharashtra), India.
c) Consultants having their subsidries company already working as R&M contractors
to give an undertaking that their subsidries shall not bid for the proposal for R&M
EPC Contractor for any package in due course of time for CHP of Koradi TPS of
MAHAGENCO.
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Annex 1
List of key professional positions whose CV and experience will be evaluated.
S.
No.
Key Position Area of
Specific
Expertise
desired
Minimum Qualification and Professional
Experience Desired
1
Team Leader Overall
Management of
Assignment
Graduate Engineer, preferably Post Graduate
Degree in Business Management with
minimum 15 years relevant experience in
consultancy of Thermal Power Stations
projects.
2 Specialist/s
Energy audit
Energy audit Should be BEE certified energy auditor &
minimum experience of conducting 05 Nos.
of such energy audit assignment.
4 Specialist/s
Boiler Island
Design/
operation/
maintenance/
(local)
manufacturing/.
Graduate Mechanical Engineer preferably M.
Tech in Machine Design / Thermal Engg.
with at least 5-10 years experience in the
relevant fields.
6 Specialist/s
CHP (Coal
Handling Plant)
Design/
installation/
operation/
maintenance/
storage options
Graduate Mechanical Engineer preferably M.
Tech in Machine Design with at least 5-10
years experience in the relevant fields.
7 Specialist/s
(Electrical and
Control and
Instrumentation)
Design/
installation/
operation/
maintenance/
Graduate Engineer preferably M. Tech with at
least 5-10 years experience in the relevant
fields.
8 Specialist/s
Contracts
Drafting of
supply
contracts for
EPC packages
Graduate Engineer or laywer with at least 5-
10 years experience in the relevant fields.
9 Specialist (Civil) Civil structural
design/ testing
Graduate Civil Engineer preferably M. Tech.
with at least 5-10 years experience in the
relevant fields.
10 Financial,
economic and
regulatory
analyst.
Support in
regulatory
matter for
calculating
FIRR etc.
MBA in financial management (additional
qualification as lawyer is Preferable) with at
least 5-10 years experience in the relevant
fields.
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DATA SHEET
Paragraph
Reference
1.1
Name of the Client: Maharashtra State Power Generation Company Limited
(MAHAGENCO)
Method of selection: Quality Based Selection [QBS]
1.2 Qualification Proposal. Yes / No.
Name of the assignment is: Consultancy Services for Feasibility study Support
& preparation of DPR for revamping / refurbishment of Coal Handling Plant
(CHP), Koradi Thermal Power Plant 1x200 MW & 2x210 MW Koradi, Dist.
Nagpur, (Maharashtra).
(Under World Bank Project)
1.3
A pre-bid conference will be held: Yes
On dt. 17 Nov. 2014
At the time 15:00 Hrs
On the following venue
CE (Chief Engineer) Building.
Koradi Thermal Power Station, Koradi,
Maharashtra State, India – 441111.
The Client‟s representative is: Chief Engineer (O&M),
Address: Koradi Thermal Power Station, Koradi – 441111.
(Maharashtra State), India.
Telephone: (07109) 262106, 262109, 262141 to 262146.
FAX: (07109) 262127, 262847, 262864,
E-mail: [email protected]
1.4 The Client will provide the following inputs and facilities:
Access to Technical Specification of the contracts of the proposed EE R&M specified
in TOR section.
The Drawing/ Data Sheet/ Document/ Project Plan submitted by the Contractors in
every phase of the Project execution.
Necessary Drawings, Manuals of existing Plant, if available.
1.5 Proposals must remain valid for 6 Months from date of submission i.e. until: Dt. ------
--------------.
2.1 The address for requesting clarifications is:
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Office of the Chief Engineer,
Koradi Thermal Power Station, Koradi – 441111.
(Maharashtra State), India.
Telephone: (07109) 262106, 262109, 262141 to 262146.
FAX: (07109) 262127, 262847, 262864,
E-mail: [email protected]
3.1
Proposals shall be submitted in the following language: English
4.1
Consultant must submit the original and one copy of the each Qualification
document, Technical Proposal,(Total 02 Nos. sets)
4.2
The Proposal submission address is:
Chief Engineer (O&M),
Koradi Thermal Power Station, Koradi – 441111, (Maharashtra State), India.
Proposals must be submitted no later than the following date and time:
------------------------- @15:00 Hrs.
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REQUEST FOR PROPOSAL (RFP)
Coal Fired Power Station Rehabilitation Project
Consultants’ Services
Lump Sum
Section 3
Technical Proposal - Standard Forms
MAHARASHTRA STATE POWER GENERATION COMPANY
LIMITED
KORADI THERMAL POWER STATION, KORADI.
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Section 3. Technical Proposal - Standard Forms
Refer to Reference Paragraph 3.3 of the Data Sheet for format of Technical Proposal to be
submitted, and Standard Forms required.
TECH-1 Technical Proposal Submission Form
TECH-2 Consultant‟s Organization and Experience
A Consultant‟s Organization
B Consultant‟s Experience
TECH-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff
and Facilities to be provided by the Client
A On the Terms of Reference
B On the Counterpart Staff and Facilities
TECH-4 Description of the Approach, Methodology and Work Plan for Performing the
Assignment
TECH-5 Team Composition and Task Assignments
TECH-6 Curriculum Vitae (CV) for Proposed Professional Staff
TECH-7 Staffing Schedule
TECH-8 Work Schedule
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FORM TECH-1
TECHNICAL PROPOSAL SUBMISSION FORM
[Location, Date]
To: [Name and address of Client]
-----------------------------------------------
-----------------------------------------------
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our
Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal,
and a Financial Proposal sealed under a separate envelope.
We are submitting our Proposal in association with: [Insert a list with full name and
address of each associated Consultant] 1
as a Joint Venture confirming joint and several
liabilities or as sub-consultants (strike out which ever is inapplicable).
We hereby declare that all the information and statements made in this Proposal are
true and accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Proposal, i.e., before the
date indicated in Paragraph Reference 1.5 of the Data Sheet, we undertake to negotiate on the
basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications
resulting from Contract negotiations.
We undertake, if our Proposal is accepted, to initiate the consulting services related to
the assignment from the date of letter of acceptance.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
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FORM TECH-2
CONSULTANT’S ORGANIZATION AND EXPERIENCE
A - Consultant’s Organization
[Provide here a brief description of the background and organization of your firm/entity and
each associate for this assignment.]
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B - Consultant’s Experience
[Using the format below, provide information on each assignment for which your firm, and
each associate for this assignment, was legally contracted either individually as a corporate
entity or as one of the major companies within an association, for carrying out consulting
services similar to the ones requested under this assignment.]
Assignment name:
Approx. value of the contract (in current US$ or Euro):
Country:
Location within country:
Duration of assignment (months):
Name of Client:
Total No of staff-months of the assignment:
Address:
Approx. value of the services provided by your firm
under the contract (in current US$ or Euro):
Start date (month/year):
Completion date (month/year):
No of professional staff-months provided by associated
Consultants:
Name of associated Consultants, if any:
Name of senior professional staff of your firm
involved and functions performed (indicate most
significant profiles such as Project
Director/Coordinator, Team Leader):
Narrative description of Project:
Description of actual services provided by your staff within the assignment:
Firm‟s Name:
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FORM TECH-3
COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON
COUNTERPART STAFF AND FACILITIES TO BE PROVIDED BY THE CLIENT
A - On the Terms of Reference
[Present and justify here any modifications or improvement to the Terms of Reference you
are proposing to improve performance in carrying out the assignment (such as deleting some
activity you consider unnecessary, or adding another, or proposing a different phasing of the
activities). Such suggestions should be concise and to the point, and incorporated in your
Proposal.]
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B - On Counterpart Staff and Facilities
[Comment here on counterpart staff and facilities to be provided by the Client according to
Paragraph Reference 1.4 of the Data Sheet including: administrative support, office space,
local transportation, equipment, data, etc.]
Note: -
Following counterpart staff and facilities will be provided by the client.
Counterpart Staff: - Renovation and Modernisation section as a coordinator.
General Manager – Officer In charge, subordinated by one Executive Engineer, one Dy.
Executive Engineer, one Assistant Engineer.
This staff will coordinate between the consultant and different Operation and Maintenance
sections and their respective sectional heads.
b) Facilities to be provided to the client: -
1) Depending upon availability, Guesthouse of Koradi TPS will be made available for
residential purposes on chargeable basis only.
2) Canteen / mess facility available on payable basis at the rate applicable to
MAHAGENCO‟s employees.
3) Temporary office space with intercom phone connection facility (Outside / International
calls on chargeable basis.)
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FORM TECH-4
DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR
PERFORMING THE ASSIGNMENT
[Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal (inclusive of chats &
diagram) divided into the following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services, methodology for
carrying out the activities and obtaining the expected output, and the degree of detail of such
output. You should highlight the problems being addressed and their importance, and explain
the technical approach you would adopt to address them. You should also explain the
methodologies you propose to adopt and highlight the compatibility of those methodologies
with the proposed approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by
the Client), and delivery dates of the reports. The proposed work plan should be consistent
with the technical approach and methodology, showing understanding of the TOR and ability
to translate them into a feasible working plan. A list of the final documents, including
reports, drawings, and tables to be delivered as final output, should be included here. The
work plan should be consistent with the Work Schedule.
c) Organization and Staffing. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the key
expert responsible, and proposed technical and support staff.]
24
FORM TECH-5
TEAM COMPOSITION AND TASK ASSIGNMENTS
1. Professional Staff
Name of Staff Firm Area of
Expertise Position Assigned Task Assigned
2. Support Staff
Name of Staff Firm Area of Expertise Position
Assigned
Task
Assigned
25
FORM TECH-6
CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
1. Proposed Position [only one candidate shall be nominated for each position]:
2. Name of Firm [Insert name of firm proposing the staff]:
3. Name of Staff [Insert full name]:
4. Date of Birth: Nationality:
5. Education [Indicate college/university and other specialized education of staff member, giving names of
institutions, degrees obtained, and dates of obtainment]:
6. Membership of Professional Associations:
7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]:
8. Countries of Work Experience: [List countries where staff has worked in the last ten years]:
9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and
writing]:
10. Employment Record [Starting with present position, list in reverse order every employment held by
staff member since graduation, giving for each employment (see format here below): dates of employment,
name of employing organization, positions held.]:
From [Year]: To [Year]:
Employer:
Positions held:
26
11. Detailed Tasks Assigned
[List all tasks to be performed
under this assignment]
12. Work Undertaken that Best Illustrates Capability to
Handle the Tasks Assigned
[Among the assignments in which the staff has been involved,
indicate the following information for those assignments that best
illustrate staff capability to handle the tasks listed under point 11.]
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
13. Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes my qualifications, my experience, and myself. I understand that any wilful
misstatement described herein may lead to my disqualification or dismissal, if engaged.
Date: [Signature of staff member or authorized representative of the staff] Day/Month/Year
Full name of authorized representative:
27
FORM TECH-7
STAFFING SCHEDULE1
N° Name of Staff Staff input (in the form of a bar chart)
2 Total staff-month input
1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total
Foreign
1 [Home]
[Field]
2
3
n
Subtotal
Local
1 [Home]
[Field]
2
n
Subtotal
Total
1 For Professional Staff the input should be indicated individually; for Support Staff it should be indicated by category (e.g.: draftsmen, clerical staff, etc.).
2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.
3 Field work means work carried out at a place other than the Consultant's home office.
Full time input
Part time input
28
FORM TECH-8
WORK SCHEDULE
N° Activity1
Months2
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5
N
1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other benchmarks such as Client approvals.
For phased assignments indicate activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.
29
REQUEST FOR PROPOSAL (RFP)
Coal Fired Power Station Rehabilitation Project
Consultant’s Services
Lump Sum
Section 5
Terms of Reference
MAHARASHTRA STATE POWER GENERATION COMPANY
LIMITED
KORADI THERMAL POWER STATION, KORADI.
30
Section 5. Terms of Reference
1. General Information about the Project
1.1 Background
1.2 Objectives
1.3 Project Executing Agency
2. Scope of the Consulting Services
2.1 General
2.2 Feasibility Study
2.3 Energy Audit
2.4 Solutions
2.5 Reporting
2.6 Specific scope of work. (Annexure-A to Annexure-F)
31
1. General Information about the Project
1.1 Background:
An Energy Efficiency Programme (EEP) has been planned by the Project Executing
Agency (PEA). The Programme is designed for comprehensive Renovation and Modernization
(R&M) and Life Extension (LE) of selected power plants in India which will lead to improvements
not only with regard to the physical conditions of the plant equipment, but also to improvements
with regard to efficiency and operational performance of the power plant. The programme will
focus also on options which will assure the sustainability of the measures carried out.
The focus of the programme will be on older units of LMZ design with an output of 210
MW and a design related efficiency defect due to the so called Bauman stage in the low pressure
turbine. These studies should help, in deciding which measures should be chosen under EEP for
undertaking R&M/LE work in future, including appointment of consultants for the execution phase
of the programme. Feasibility studies of selected power plants have been prepared to determine the
final scope of the rehabilitation works. Koradi TPS of Maharashtra State Power Generation
Company Ltd., to be rehabilitated. Coal Handling Plant of this power station also to be
rehabilitated so as to get rated output & life extension.
1.2. Objectives:-
The purpose of the feasibility study has been to determine those sections of the power
plant that need to be rehabilitated to prevent loss of generation, improve efficiency, and enhance
availability and enable the plant to produce at the optimum load.
PEA will awarded the contract for consulting services for “Preparation of Feasibility
Report” & preparation of DPR detail project report for 1x200 MW & 2x210 MW Coal handling
plant of Koradi Power Station this “Feasibility Report” presents the findings and
recommendations of the consultants in respect of the R&M measures for CHP. Koradi TPS was
commissioned in the year 1974 and has been operating for about 40 years. Its performance has
deteriorated gradually over the years.
The planned R&M will enable improvement of performance through introduction of new
technology and catering to problems of technological obsolescence. Equipment life can be
expected to increase by 20 years or more. Up-gradation of the unit to comply with changing
guidelines and statutory standards regarding environment can also be taken up. Increase in
efficiency and output of the unit by the implementation of Renovation and Modernization
(R&M) measures is feasible at economical cost. Increase in availability, increase in efficiency
and reduction in the auxiliary consumption provides substantial additional revenue.
The main objectives of undertaking the feasibility study are as follows:
i) Conduct condition assessment and identify areas of weakness and deficiencies in CHP
plant equipment comprising Conveyor belts, Conveyor structures, Conveyor members,
Crushers, Wagon Tipplers, Wagon marshalling equipments, Apron feeder, RBCR, DRCR,
Stacker reclaimer, Wobbler feeder, Various chutes, Transfer points, Tunnels, Coal
bunkers along with Civil structures, Electrical and Control equipment, related auxiliary
equipment etc.
ii) Conduct energy audit & illumination survey of the CHP plant system and auxiliaries for the
unit, analyze the results of energy audit, identify the causes of decrease in efficiency, availability
and output with respect to design values and identify the plant components for renewal,
replacement or repair.
32
iii.) Based on site inspections, results of energy audit and discussions with plant operating and
maintenance personnel, recommend short term, medium term and long term R&M measures for
increasing the useful life, efficiency and output of the selected unit.
iv.) Assess the economic situation of the owner utility Maharashtra State Power Generation
Company Limited (MSPGCL), review balance sheets, profit and loss accounts etc and comment
on the financial impact of the R&M project on the financial situation of power plant.
1.1. Project Executing Agency:-
The Project Executing Agency (PEA) will nominate a contact person who will closely co-operate
with the Consultant and will co-ordinate the works on a management level.
2.1 General scope of Work:-
1. To undertake Energy Audits for baseline assessments.
2. Review of previous studies carried out on the unit, RLA of necessary
components and condition assessment of the unit.
3. To assess the feasibility of up-rating the unit and provide feedback, on
successfully up rated units.
4. To address generic problems of the plant.
5. To make market survey for latest technologies available for Thermal Power
Plants, feasibility of incorporating, with the advantages and cost benefit
analysis studies for efficient, reliable, economical and safe performance of the CHP
plant.
6. To prepare detailed Scope of Works with cost estimate and to assess cost
effectiveness of alternative rehabilitation options.
7. Assist the owner in proposalizing & participating the pre bid meetings, technical bid
opening, and preparing replies to the clarifications of the technical bids.
8. Evaluation of technical bids, post bid meeting/s, clarifications and preparing revised
technical specifications if required, and price bid submission and opening.
9. Review of Cost Benefit analysis based on actual quoted cost.
2.2 Feasibility Study
The scope of services of the Consultant comprises but is not limited to:
Critical review and update of the existing Rapid Assessment Reports, Mapping Reports
(see Annexes) and other documentation concerning the operation history and technical
condition of the plants.
The Consultant is required to study the plant in details, e.g. working, specifications,
capacities, limitations, special problems etc and should have detailed discussions with plant
operating and maintenance staff along with the middle and top management and understand
their problems and views regarding the plant renovation. The aim should be to optimize all
the technical and commercial aspects and decide a specific conceptual line of action for the
scope to be finalized for the LE works.
Identification of weak spots in the balance of plant, suggest measures and give advice for
remedial actions by the Owners.
Identification of rehabilitation measures which have the potential to increase the efficiency
and or the output of the CHP plants. The identified measures shall be classified with regard
to efficiency increase potential vs. economical impact.
Regarding the replacement/retrofit options it becomes necessary to probe the availability of
the energy efficient and cost effective solutions in today's market so as to explore all
possible alternatives of the solutions. As such the Consultant is required to make a market
survey along with the cost estimates for the recent technological availabilities.
Identification of suited Indian and international contractors.
The Consultant shall prepare a project time schedule as bar chart table, showing the major
steps of the execution (preparation of specifications, proposaling and contract negotiations,
33
manufacturing and transport, erection and commissioning, performance tests). Special
attention shall be paid to the integration of the measures identified into the plant specific
available time frames for shut-downs.
The Consultant shall elaborate a suited project organization at the utilities for the execution
of the R&M measures foreseen and shall opine on the qualification of the power plants
management and personnel with regard to carrying out the project. If required the
Consultant shall propose suited measures to support the power plants personnel during the
execution of the program measures.
The Consultant shall review the coal supply condition for the plants from coal unloading to
measurement of coal quantity in bunkers and coal feed to mills.
The Consultant shall propose accompanying measures suited or necessary to secure the
sustainability of the efficiency and/or output improvement achieved by the R&M measures.
The Consultant shall describe potential project risks, opine on their likelihood and describe
mitigation measures.
The Consultant shall propose quantifiable indicators and benchmarks suited to measure the
success of the R&M works including performance data to be achieved, guarantees for
individual measures and overall performance.
The Consultant shall provide a cost break down for the measures identified at the power
plants with regard to foreign currency cost, local cost, financing cost, interest during
construction, taxes, duties, consulting services, contingency. The contribution of the power
plants shall be clearly stated.
The Consultant shall report on the economic situation of the owners of the power plants for
the years 2010/2011, 2011/2012, 2012/2013 under consideration of balance sheets, profit
and loss calculations and ownership structure. The Consultant shall demonstrate the impact
of the project on the financial situation of the power plant. The Consultant shall elaborate a cash flow analysis for the project.
1
The Consultant shall elaborate a medium term financial planning for the power plants.'
The Consultant shall present the FIRR and the EIRR of the project.
The Consultant shall report on the situation and perspectives of the electricity sector in the
different states where the power plants are located (incl. tariff structure, competitive
situation, regional economic development).
The Consultants shall outline the expected position in the merit-order and resulting dispatch
(full load operating hours) dispatch after rehabilitation.
The Consultant shall propose suitable contract models for implementation (lot wise versus
general contracting) in order to achieve guaranteed performances.
The Consultant shall propose Terms of reference for Consultant services during
implementation considering the specific aspects of the individual plants and give an
estimate regarding scope and duration of the required services.
The Consultant will submit a detailed root cause analysis in respect of deficiency/flaws in various
systems and will identify the options for R&M with benefits. The Consultant will perform cost
benefit analysis for each identified option. The consultant will develop a matrix comparing
different options with impact on parameters such as energy efficiency, PLF, life of the plant and
fixed costs and variable costs including revenue constraints because Of regulatory aspects. Based
on the analysis, the Consultant will recommend technical and economic goals of efficiency,
availability, and power output recover, and scope of R&M by the following sequence:
a) Assess the cost-effectiveness of the identified options, by estimating the net present value
(NPV), rate of return (IRR), payback period and cost-benefit ratio.
b) Identify all elements of an environmental control program at the unit and assess their urgency
(reschedule defined by environmental standards)
c) Prioritize elements of the rehabilitation and environmental control program based on:
Cost-effectiveness
34
Timing of environmental requirements (local regulations and World Bank guidelines)
based on the above prioritization, arrive at a definite set of scope of works optimized for
the techno-commercial benefits to fit the availability of the funds for the plant, to extended
the life of the plant and improve its performance.
2.5 Reporting /All reports to be submitted in triplicate.
The Consultant shall provide the following reports independently
Preliminary survey report.
RLA study report
Energy audit report.
Report of tentative scope for different alternative based on feasibility study, market survey
plant visit etc along with cost estimation ,including corresponding cost benefit analysis ,
including review report of cost benefit analysis after price bid opening.
Report of finalized scope after discussion with the client.
Draft proposal specifications for CHP R&M.
35
REQUEST FOR PROPOSAL (RFP)
Coal Fired Power Station Rehabilitation Project
Consultants’ Services
Lump Sum
Section 6
1. Standars Safety terms & conditions.
2. Formats.
3. Standard terms & conditions.
4. Contract for consultancy services.
MAHARASHTRA STATE POWER GENERATION COMPANY
LIMITED.
KORADI THERMAL POWER STATION, KORADI.
36
Advance Payment Guarantee
Address of guarantor bank:
…………………………………………………………………
………………………………………………………………….
…………………………………………………………………..
Address of beneficiary (contracting agency):
………………………………………………………………….
…………………………………………………………………..
…………………………………………………………………..
On ........................................... you concluded with (name and full address)
...........................................................................
……………………………………………………………………………………………………
………………………………………… (“Contractor”) a Contract for
................................................................... (project, subject of Contract) for the sum of
..............................................
According to the provisions of the Contract the Contractor receives an advance payment in the
amount of ............................ equalling ................................................... percent of the contract
price.
We, the undersigned.............................................................................................................. (bank),
waiving all objections and defences under the aforementioned Contract, hereby irrevocably and
independently guarantee to pay on your first written demand any amount advanced to the
Contractor up to a total of .......................... (in words: .............................................................)
against your written declaration that the Contractor has failed to perform as stipulated in the
aforementioned Contract.
This Guarantee shall enter into force as soon as the advance payment has been credited to the
account of the Contractor.
This Guarantee shall be automatically reduced pro rata in accordance with the payments
performed.
In the event of any claim under this Guarantee, payment shall be effected to the account of
.................................................... (Purchaser, project-executing agency). MAHAGENCO, Koradi
Thermal Power Station, Koradi – 441111. State Bank of India, (03904)Koradi Branch, Account
No. _________________________.
This guarantee shall expire not later than .......................... by which date we must have received
any claims by letter or coded telecommunication
It is understood that you will return this Guarantee to us upon expiry thereof or after settlement
of the total amount to be claimed hereunder.
............................................. ...............................................................
Place, date Guarantor
37
Security deposit (Retention Guarantee)
Address of guarantor bank:
…………………………………………………………………
………………………………………………………………….
…………………………………………………………………..
Address of beneficiary (contracting agency):
………………………………………………………………….
…………………………………………………………………..
…………………………………………………………………..
On ........................................... you concluded with the firm (name and full address)
.............................................………………………………………………………………………
…………………………................................... ("Contractor") a Contract for
........................................................... ................................... (project, object of the Contract) at a
price of ..........................................................................
Pursuant to the provisions of the Contract the Contractor shall receive the amount of
..................................., which corresponds to .......................... % of the contract value, as a final
payment.
We, the undersigned ....................................................... (bank), waiving all objections and
defences under the fore mentioned contract, herewith irrevocably and independently guarantee to
pay on your first written demand an amount of up to ......................................................
(in words: ......................................................), against your written declaration that the
Contractor has not duly performed his obligations under the aforementioned Contract.
In the event of any claim under this guarantee, we shall make all payments to the account of the
........................... (Employer/Project-Executing Agency/Buyer). MAHAGENCO, Kradi Thermal
Power Station,. State Bank of India, (03904) Koradi branch, Account No. _______________.
This guarantee shall expire not later than .......................... by which date we must have received
any claims by letter or coded telecommunication
You will return this Guarantee to us upon expiry or after settlement of the total amount to be
claimed hereunder.
........................................... ................................................................
Place, date Guarantor
38
Declaration to observe the highest standard of ethics during execution of the contract.
Applicants shall be aware that any fraudulent or corrupt activities disqualify them immediately from
participation in the selection process and will be subject to further legal investigation. The said
declaration shall be submitted and duly signed according to the following form:
Declaration
We underscore the importance of a free, fair and competitive procurement process that precludes
fraudulent use. In this respect we have neither offered nor granted, directly or indirectly, any inadmissible
advantages to any public servants or other persons in connection with our bid, nor will we offer or grant
any such incentives or conditions in the present procurement process or, in the event that we are awarded
the contract, in the subsequent execution of the contract.
We also underscore the importance of adhering to minimum social standards ("Core Labour Standards")
in the implementation of the project. We undertake to comply with the Core Labour Standards ratified by
India.
We will inform our staff about their respective obligations and about their obligation to fulfill this
declaration of undertaking and to obey the laws of India.
(Place) ......................................, this ................ day of ..........
Name of company (or lead company on behalf of associated companies for associations)....
Signature(s)
39
Maharashtra State Power Generation Co Ltd
SAFETY TERMS & CONDITIONS Annexure -IV
1. Compensation: Safety of your workers and staff is your sole responsibility & you will arrange to pay full
compensation to your workers/staff. In case of accident to any of them and in any circumstances MSPGCL will not
be responsible for and liable to pay any compensation as per WORKMENS COMPENSATION ACT.
2. Competency / Excellence: Contractor should deploy competent workers for the particular job and he should
utilize authorized his workers for carrying the electrical works such as welding, grinding and other works carried out
by electrical equipments. Contractor should submit the list of his workers deployed for the job and list of workers
who are authorized for carrying electrical works to the concerned section head for verification of competency of
their workers, before starting the work as per the rules 1951.
3. Electrical Safety:
3.1. Every portable electrical tool should be used with three pin plugs and three wire systems to avoid electric shock
while at work proper earthling should be checked both at supply end and at tool end before commencement of work.
3.2. Three wire sockets and properly insulated portable electrical boards with fuses & with earth leakage circuit
breaker are to be used by contractor. On/Off switch should be connected in the live wire and no it in neutral wire.
3.3. Color coding of three wire system should be below. Red: Live, Grey / Black: Neutral, Green: Earth.
3.4. Only 24 volt hand lamps to be used at confined spaces lying at turbine, boiler, coal mills, grills, structures, coal
handling plant, Conveyor belts etc
4. Fire Safety:
4.1. The contractor should keep ready two buckets of water while carrying out welding work. One bucket is to be
used for quenching fire if occurs. Last bit of electrode should be dropped in the second bucket with water to ensure
that red-hot electrode does not cause any fire.
4.2. Contractor should ensure provision of Cover/curtain in the hazardous area, so that hot petals of metal (molten
metal) do not cause any fire. This is particularly necessary while carrying out welding /gas cutting at high elevation
on grills, in coal handling plants etc.
4.3. Single piece cable (without joints) should be used during welding work to avoid the fire through cable joint.
5. Medical:
5.1. In case of injury of person, arrangement for shifting of the injured person for medical treatment is to be made
immediately by the contractor.
5.2. The contractor should keep "First aid box" ready at site.
6. Penalty: If any of our officer, supervisor finds that, you & your employees are not following the safety rules and
regulation including use of personnel protective equipments at site; he is authorized to stop your work immediately.
Incase of violation of safety rules, you shall be liable to pay penalty up to Rs. 1000.00 for first violation and up to
Rs.3000.00 for second violations. For the third violation of rules the order may be terminated or you may be
declared debarred for the further contract up to period of one year. For violation of fire safety the contract will be
terminated immediately and the contractor will not be considered for further contract.
7. Safety Appliances / Equipments : Contractor shall provides required safety appliances / equipments to their
workers like safety shoes, helmet, goggles, welding screen, safety belts, hand-gloves etc. depending upon the
working condition and nature of the work in hand. You shall arrange the appliances / equipments at your own cost.
8. Scrap Removal: All type of scraps to be removed immediately from the work spot for maintaining cleanliness.
9. Supervisors: Adequate Nos. of supervisors to be appointed by the contractor to ensure all safety provisions and
use of personnel protective equipments by contractor workers.
10.Testing of T & P / Equipment: Contractor should maintain history register of their lifting tools and
tackles, such as chain pulleys blocks, slings, terror etc. and these are to be tested by competent persons
authorized by Director of Industrial Safety & Health Mumbai, as per Maharashtra Factory Rule (96).
Copy of the test certificate should be submitted to Safety Officer.
40
Contract for consultancy services
Contents
Article 1 General Provisions
Article 2 Parts of the Contract
Article 3 Obligations of the Consultant
Article 4 Obligations of the Employer
Article 5 Remuneration, Terms and Method of Payment
Article 6 Liability of the Consultant
Article 7 Insurance
Article 8 Force Major
Article 9 Special Provisions
41
WHEREAS
The Employer desires consulting services to be rendered for the @ -------------- , and the
Consultant has submitted on @ ------------- a technical and a financial bid for these services,
NOW THEREFORE
The parties to this Contract hereby agree on the following:
Article 1
General Provisions
1.1 Governing Law
@This Contract shall be governed by the law of Republic of India.
1.2 Assignment
The Consultant shall not have the right to assign or transfer any rights or obligations
arising from this Contract in full or in part without the prior consent of the Employer.
The Employer's consent shall not be required for the assignment of any amounts due or
which shall become due under this Contract.
1.3 Assistance
The Consultant may receive assistance from other consultants or experts, provided the
Employer has given prior written approval.
1.4 Sub-Contracts
The Consultant may conclude sub-contracts with duly qualified specialists or firms only
upon prior written approval by the Employer. The Consultant shall, in any case, assume
the liability for the services rendered by the Sub-contractor.
1.5 Modifications and Amendments
Should circumstances arise that require modifications of, or amendments to, this
Contract, these shall be agreed upon by the parties in writing.
1.6 Entry into Force
This Contract enters into force upon signing by both parties. All conditions precedent
for disbursement pursuant to the agreement referred to in Article 5.3 hereof have been
fulfilled.
1.7 Commencement of Services
The Consultant shall start performing the services within @ --------------- weeks after the
Consultants has been informed on the entry into force of this agreement by the
Employer.
1.8 Measurements and Standards
Drawings, plans and calculations shall be based on the metric system. DIN or equivalent
standards shall be applied.
1.9 Partial Invalidity
The invalidity of any provision of this Contract shall not affect the validity of the
remaining provisions.
Any gap resulting in consequence shall be filled by a provision consistent with the
purpose of this Contract.
42
Article 2
Parts of this Contract
The following documents shall form, be read and construed as integral parts of this Contract:
1. Terms of Reference
2. Services Offered including the Declaration of Undertaking
3. Time Schedule/Work Programme
4. Staffing Schedule
5. Statement of Costs
6. Advance Payment Guarantee is applicable
7. Retention Guarantee is applicable
Article 3
Obligations of the Consultant
3.1 Standard of Services
The Consultant shall in all professional matters provide the services to the Employer to
the best of his knowledge and belief. The Consultant shall exercise all skill, reasonable
care and diligence in the discharge of his duties under this Contract. He shall carry out
the services in conformity with common professional practices and in accordance with
current scientific and internationally accepted engineering standards.
3.1 Time Schedule, Penalties
The total contract period for the Consultant's services shall be @ ____consecutive
months from the date of commencement of the services.
Any modification of the above-mentioned time schedule due to a substantiated request
by either party shall be mutually agreed upon in writing.
If the Consultant fails to perform in due time any of the services under this Contract for
reasons he must warrant, the Employer shall be authorised to inflict a penalty of 0.5% of
the Contract Sum for every week of delay which, however, may not exceed 8% of the
Contract Sum. Beyond such penalty, the Employer may not raise any further claims
arising from the delay in the performance of the services.
3.2 Independence of the Consultant
The Consultant shall declare with binding effect that neither the Consultant nor any
enterprise associated with the Consultant shall bid for the project as manufacturer,
supplier, or building contractor. Any violation of this stipulation may lead to the
immediate cancellation of the Consulting Contract and require the reimbursement of any
and all costs incurred by the Employer until such violation and compensation for any and
all losses and damages incurred by the Employer as a consequence of such cancellation.
Article 4 4.1 Tax Exemption
The Consultant and his foreign staff shall be exempted (subject to submission of
documentary evidence) from all taxes, duties, levies and other charges required by law
in the country of the Employer in connection with
- Payments to the Consultant or to his foreign staff in connection with the
performance of the services;
43
- Services performed by the Consultant or his staff in connection with the
fulfilment of their tasks;
- Equipment, materials, and supplies necessary for the performance of the
services, including motor vehicles and personal belongings of the foreign staff
that are brought into the country of the Employer and shipped out after
completion of the services or that have been destroyed in the course of the
performance of the services.
If law prohibits the execution of the above provision, the Employer shall refund to the
Consultant all amounts paid for this purpose.
4.2 Approval
The Employer shall make his decisions on all drawings, reports, studies and the
replacement of the Consultant's staff members as soon as possible but not later than @
___ weeks after presentation to avoid delaying the work of the Consultant.
The Employer shall give the approval required for the final payment pursuant to
Article 5.2 after completion of the contract services duly performed by the Consultant
but not later than @ ___ weeks after the completion of said services.
In the event that this approval is withheld without reason prior to the expiry of the above
deadline, it shall be deemed to have been given if the Employer has again failed to give
this approval without stating any reason even after expiry of an additional respite of at
least @ ___ weeks to be given by the Consultant in writing subsequently to the above
deadline.
Article 5
Remuneration, Terms and Method of Payment
5.1 Remuneration
For the services to be rendered by the Consultant under this Contract the Employer shall
pay the sum of
@ in @
and the sum of
@ in @
("Contract Value").
These sums are composed of
fixed fee: @ in @
and @ in @
Ancillary expenses
(lump sum):
@ in @
and @ in @
A detailed cost breakdown is given in FORM FIN-2, which constitutes an integral
part of this Contract.
44
Article 6
Liability of the Consultant 6.1 The Consultant shall perform the services for which he was contracted in full, in due
time and in agreement with acknowledged quality standards. In this regard the
Consultant shall be liable for any and all breaches of contract for which he is
accountable.
6.2 The liability of the Consultant for negligence shall be limited to the Contract Sum. This
shall not affect the liability for premeditation and gross negligence.
6.3 The liability of the Consultant shall terminate upon the final acceptance of the
Consultant's services by the Employer but not later than the expiry of the warranty
period(s) for supplies and services provided under the Project.
6.4 Liability for consequential damage is excluded.
Article 7
Insurance
At the least the following insurance shall be taken out for the period of the Contract:
a) Professional liability insurance
b) Personal liability insurance
c) Equipment insurance covering loss of or physical damage to all equipment
acquired/used within the context of the project
d) Motor vehicle third party liability insurance and motor vehicle comprehensive insurance
for the vehicles acquired in connection with the project
The insurance @ ---------------------- shall be taken out by the Consultant at his expense, and the
insurance @ ------------------------shall be taken out by the project-executing agency at its
expense.
Article 8
Force Major
8.1 In the event of force major - unforeseeable events beyond the control of the parties to
the Contract, which prevent either party from meeting its obligations under this Contract
- the contractual obligations as far as affected by such event shall be suspended for as
long as the impossibility of performance due to this situation continues provided that the
other party is notified within two weeks after the occurrence of the force major.
In the event of force major, the Consultant shall be entitled to a prolongation of the
Contract equal to the delay caused by such force major.
8.2 The Consultant shall receive compensation for any loss or damage resulting from force
major. The extent of compensation shall be negotiated between the parties to the
Contract. The failure to agree on compensation shall be treated as a dispute.
8.3 If the force majeure lasts for more than 90 days, either party to the Contract may
terminate this Contract within 30 days by giving written notice.
45
Article 9
Special Provisions
9.1 Conduct
During the period of this Contract the Consultant and his foreign staff shall not interfere
in the political or religious affairs in or concerning @ .
9.2 Confidential Treatment
All documents, reports, cost estimates, technical data and information shall be treated
confidentially and must not be made available to any third party without the written
approval of the other party.
9.3 Notices
All notices to the Employer & the Consultant shall be directed to the following
addresses:
For the Employer: @
For the Consultant: @
9.4 Copyright
The copyright for all studies, reports, designs and related documents furnished by the
Consultant shall be owned by the Consultant.
The Employer is entitled to dispose freely of this material for all project-related
purposes.
9.5 Ownership of Documents and Equipment
All studies, reports and related data and documents such as maps, diagrams, plans,
statistics and supporting material made available to the Employer, as well as any
software procured under the consulting assignment shall pass into the Employer's
ownership.
Equipment purchased for the performance of the Consultant's services and paid fully by
the Employer shall be handed over to the Employer after completion of the services.
9.6 Reimbursements
All reimbursements, insurance payments, guarantee payments or other payments, if any,
shall be made for the account of the Employer MAHAGENCO, Koradi Thermal Power
Station, State Bank of India branch, Account No. -----------------------. If such payments
are made in local currency, they shall be made to a special account of the Employer in @
, which may be drawn on only with employer approval.
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