section 3 bid data sheet

7/30/2019 Section 3 Bid Data Sheet

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BANER SANGAM SHEP ( 5 MW ) BID DATA SHEET

DEVELOPER : M/S YOGINDERA POWERS LIMITED BID REFERENCE : BSHPPL-2010 / EPC-E&M / 001

SECTION - III

BID DATA SHEET

TENDER DOCUMENT SECTION III III.1


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SECTION III: BID DATA SHEET

The following bid-specific data for the plant and equipment to be procured shall amend and/or

supplement the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, theprovisions herein shall prevail over those in the ITB.

INTRODUCTION

ITB 1.1 Name of the Borrower M/s YOGINDERA POWERS LIMITED

ITB 1.1 Loan or Credit Number Loan No. ________ / Credit No. _________

ITB 1.1 Name of Project 2 x 2500 kW Baner Sangam Hydroelectric Project

ITB 1.1 Name of Contract Electro Mechanical (E & M) Works of 2 x 2500 kW Baner SangamH.E. Project

ITB 2.1 Name of Employer M/s YOGINDERA POWERS LIMITED

ITB 5.1 Add the following:

S. No. Form No. Description

1. 3 (a) Form of Notification by the Employer to Bidder

3 (b) Form of Sight Draft2. 4 Form of Notification of Award

3. 11 Form of Trust Receipt

4. 12 Form of Indemnity Bond

5. 13 Form of Authorization Letter

ITB 6.1 Address of Employer; Telephone, Telex and Facsimile numbers

Yogindera Powers LimitedC /O M/s Himachal Flour Mills Pvt Ltd,Tanda Road,Kangra- 176001 (H.P.)India,Ph 1892-265152,

Fax # 01892 265984,Mobile: +91-9418002369Email: [email protected]

ITB 6.4 Venue time and date of Pre bid meeting.

19th October 2010, 14.30 hrs at o/o Jaya Hydro Power(P) Ltd., C-36 Sector 1, Phase I New Shimla (H.P.)- 171009

The Bidder or his authorized representative is invited to attend Pre-bid conference, which will takeplace at the above-mentioned address.

Non attendance at the pre-bid conference will not be a cause for disqualification of a Bidder.

mailto:[email protected]:[email protected]


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ITB 8.1 Language of bid is English

ITB 9.3(c) Insert the following sub clauses (vii) and (viii)

(vii) The joint venture agreement should indicate precisely the responsibility of allmembers of JV in respect of planning, design, manufacturing, supply, installation, commissioning andtraining. This should not be varied/modified subsequently without prior approval of the employer; and

(viii) The joint venture agreement should be registered in SHIMLA/KANGRA so as to be legallyvalid and binding on partners.

ITB 9.3(c) -- In line 2, delete the words established in accordance with ITB Clause 2

-- In line 3, after the word bid, add the words in accordance with ITB Clause 2.

ITB 9.3(c) Qualification requirements for Bidders, including members of joint ventures,subcontractors or vendor

QUALIFICATION REQUIREMENTS

1 (a) The Bidder should be a manufacturer who must have designed, manufactured,supplied, erected, commissioned at least two (2) numbers of Francis hydro generating units ofcapacity ranging between 1.50 MW to 3.00 MW which are in successful operation for two (2) years ason the date of the bid opening.

The Bidder should have supplied, installed, tested and commissioned at least 2 (two) similar machinesof capacities greater than 1500 kW each, viz. Horizontal Francis type axial flow turbines including itsassociated auxiliary & ancillary equipment and Horizontal Axis synchronous generators & associatedfittings.

(b) Bidders who are subsidiaries and have recently established production line inIndia for the product for which bids are invited, can also be considered as meeting with the criteria,provided the parent company (Principals) meets with the above criteria in full and agrees to furnish{either jointly with the bidders (Subsidiary) or separately 1 [a] a legally enforceable undertaking toguarantee quality, timely supply, performance, and warranty obligations as specified for the contract;and [b] performance security as stipulated in Clause 7 of GCC and Clause 3 of SCC.

(c) Bidders who meet the above requirements except for successful operation fortwo years, can also participate in the bidding provided they have valid ongoing collaborationagreement with a manufacturer who in turn fully meets the criteria specified at (a) above, provided thebidder furnishes an undertaking jointly executed by himself and the collaborator for satisfactory design,manufacture, erection, commissioning, and performance of the equipment offered including all

warranty obligations as per General and Special Conditions of Contract.

(d) Bids of Bidders quoting as authorized representative of a manufacturer,meeting with the above requirements in full, can also be considered, provided:

(i) the manufacturer furnishes a legally enforceable authorization in the prescribed form assuringfull guarantee and warranty obligations as per GCC and SCC for the goods offered; and

2 All bids submitted shall also include the following information;

(i) Copies of original documents defining the constitution or legal status, place of registration, andprincipal place of business of the Company or firm or partnership, etc.



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(ii) The bidder should furnish a brief write-up, backed with adequate date, explaining his availablecapacity and experience (both technical and commercial) for the manufacture and supply of therequired equipment within the specified time of completion after meeting all their current commitments.

(iii) The bidder should clearly confirm that all the facilities exist in his factory for inspection andtesting and these will be made available to the Purchaser or his representative for inspection.

(iv) Reports on financial standing of the Bidder such as profit and loss statements, balance sheets,and auditor's report for the past three years, banker's certificates, etc.

ITB 9.3 (d)(ii) Spares required for operation; number of years following completion: 5 (FIVE) years

ITB 9.3(e) Amend the last portion of second sub paragraph as and ITB sub clause 9.3(d).

ITB 9.3 (f) -- Add the following at the end of the first paragraph:Bidders attention is also drawn to the provisions of ITB Sub-Clause 22.4.1 of ITB Bid data sheet.

-- Add the following as a second paragraph:Bidders may further note that except for the deviations listed in Attachment 6 and Attachment 6A, thebid shall be deemed to comply with all the requirements in the bidding documents and the Biddersshall be required to comply with all such requirements of bidding documents including TechnicalSpecifications without any extra cost to the Employer irrespective of any mention to the contrary, anywhere else in the bid.

ITB 9.3 (h) Add a new Sub-Clause as 9.3 (h) as below:(h) Attachment 8: Local Representation

If a foreign Bidder has engaged an Indian agent, it will be required to give the following details in its bidas per the format enclosed in the Bidding Documents:(i) The name and address of the local agent;

(ii) What Service the agent renders; and(iii) The fixed amount of remuneration for the agent included in the offer;The agency commission shall be indicated in the space provided for in the Price Schedule and will bepaid to the Bidders agent in India in Indian Rupees using the Telegraphic Transfer buying market rateof exchange ruling on the date of award of contract and shall not be subject to any escalation or anyfurther exchange variations.

BID PRICE AND CURRENCY

ITB 11.1 Add the words including supply of mandatory spares (if any) after the wordsfacilities in line 8.

ITB 11.3 Add Schedule No. 7 Taxes and Duties after Schedule No. 6

ITB 11.4(b) Add the following at the end of the Sub-Clause:Sales tax / VAT, local tax and other levies in respect of direct transaction between the Employer andthe Contractor shall not be included in the Ex-Works price but shall be quoted separately in ScheduleNo. 7.

ITB 11.4(c) Replace by the following:Local transportation, insurance, port clearance and port charges and other local costs incidental todelivery of the Plant and Equipment including mandatory spares (Schedule No. 3). The Employershall be responsible and be liable only for payment of custom duty on CIF/ CIP component of the Plantand equipment including mandatory spares to be supplied from abroad.However, the Employer, as an importer, shall furnish promptly necessary clarifications and documentsas may be required to be furnished by the importer for the purpose of customs clearance.



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ITB 11.4.1 Add a new Sub-Clause 11.4.1 as below:Deemed Export BenefitsBidders may like to ascertain availability of deemed export benefits. They shall solely be responsiblefor obtaining such benefits, which they have considered in their bid and in case of failure to receivesuch benefits for reasons whatsoever; the Employer will not compensate the Bidder. The Bidder shallfurnish along with their bid, a declaration to this effect as Attachment 9 as per the format enclosed inthe bidding documents.

Where the Bidder has quoted taking into account the deemed export benefits, he must give allinformation required for issue of Project Authority/ Payment certificate in terms of the Export ImportPolicy of the Govt. of India along with his bid in Attachment 9. The Project Authority/ PaymentCertificate will be issued on this basis only and no subsequent change will be permitted. Where suchcertificates are issued by the Employer, excise duty will not be reimbursed separately.Bids which do not conform to this provision will be treated as non-responsive and rejected.

ITB 11.6 The price shall be fixed.

ITB 12.1(a) -- Add the words including mandatory spares after the word equipment in line 1.-- Add the words and recommended spare parts covered under ITB Sub-Clause 11.4 (e) after the let -ter (a) in line 2.Add the following at the end of the clause:Until December 31, 2001, bid prices may also be expressed in the former national currencies of themember countries of the EMU [the Austrian schilling, Belgian franc, Finnish markka, French franc,Deutsche mark, Irish pound, Italian lira, Luxembourg franc, Netherlands guilder, Portuguese escudoand Spanish peseta], although on January 1, 1999, the euro was substituted for these currencies.

ITB 12.1(b) -- Add the words including mandatory spares after the words equipment in line 1.-- Add the words and recommended spare parts covered under ITB Sub-Clause 11.4 (e) after the

letter (b) in line 2.

ITB 12.1(b) Sub-Clause 12.1 (b) is not applicable, and Sub-Clause 12.1 (a) applies to all plant,equipment and services.

ITB 12.1(c) Replace the existing provisions with the following:Local transportation, insurance and other local costs incidental to delivery of the plant and equipmentcovered under ITB Sub-Clause 11.4 (c) and installation services covered under ITB Sub-Clause 11.4(d) shall be quoted in local currency. However, foreign component, if any, of installation services orinsurance may be quoted in foreign currency.

BID PREPARATION AND SUBMISSION

ITB 13.1 Amount of bid security: Equivalent of Indian Rupees 5,00,000.00 /- (Rupees FiveLakhs Only) in bid currency or 10,000 /- (Ten Thousand) US Dollars or Indian Rupees.

ITB 13.2 -- Add the words cashiers or in the beginning of line 2.-- Add the word irrevocable before the words letter of credit in line 2.-- In line 8, change the words twenty-eight (28) to forty-five (45).

ITB 13.3 Delete the words pursuant to ITB Clause 22.5 appearing in line 2 and 3.

ITB 13.6 Change the existing Sub-Clause (b) as (c) and, add a new Sub-Clause (b) asfollows:(b) If the Bidder does not accept the correction of its Bid Price pursuant to ITB Sub-Clause 22.2; or



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ITB 14.1 Bid validity period: 120 (One Hundred and Twenty) days from the date of bidopening.

ITB 14.3 Substitute this Clause with the following:In case of fixed price contracts, in the event that the Employer requests and the Bidder agrees to anextension of the validity period, the contract price, if the Bidder is selected for award, shall be the bidprice corrected as follows:(a) The foreign currency component of the price shall be increased by the factor (1.0) for each week,or part of a week, that has elapsed from the expiration of the initial bid validity to the date of notificationof award to the successful Bidder.(b) Similarly, the local currency component of the price shall be increased by the factor (1.00058) eachweek, or part of a week, that has elapsed from the expiration of the initial bid validity to the date ofnotification of award to the successful Bidder.

ITB 15.1&19.2 Original and one (1) copy.

ITB 17.1 Add at the end of the Sub-Clause as follows:In the event of the specified date for the submission of bids being declared a holiday for the Employer,the bids will be received upto the appointed time on the next working day.

ITB 17.1 Address of bid submissionYogindera Powers LimitedC /O Jaya Hydro Power Pvt Limited,C 36, Sector I , Phase 1,New Shimla - 171009

Deadline for bid submission : 1400 Hours,15th November 2010.

ITB 20.1 Add at the end of the Sub-Clause as follows:

In the event of the specified date of bid opening being declared a holiday for the Employer, the bidsshall be opened at the appointed time and location on the next working day.

ITB 20.1 Location, time and date of bid opening

Yogindera Powers LimitedC /O Jaya Hydro Power Pvt. Ltd.,C-36, sector 1, Phase I,New Shimla - 171009 (H.P.)1400 Hours, 15th November 2010

BID EVALUATION

ITB 22.2 After the word rejected at the end of the Sub-Clause, add and the bid security will beforfeited in accordance with ITB Sub-Clause 13.6 (b).

ITB 22.4 Add the word generally after the word is and before the word complete in line 2.

ITB 22.4.1 Add the following:

22.4.1 Bids containing deviations from critical provisions relating to GCC Clauses 5 (Governing Law),6 (Settlement of Disputes), 12 (Terms of Payment), 13.3 (Performance Security), 14 (Taxes andduties), 26.2 (Completion Time Guarantee), 27 (Defect Liability), 28 (Functional Guarantees), 29(Patent Indemnity), 30 (Limitation of Liability) and Appendix 2 to the Form of Contract Agreement(Price Adjustment) will be considered as non-responsive. However, the Bidders wishing to proposedeviations to any of the above provisions, must provide in the Attachment-6A of the bid, the cost of



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withdrawal of such deviations. If the deviation to any of these provisions is not priced, the bid will berejected. The evaluated cost of the bid shall include, in addition to the costs described in ITB Clause25, the cost of withdrawal of the deviations from the above provisions to make the bid fully compliantwith these provisions. Bids not accompanying with proper bid security will be rejected.

Bids shall be accompanied by general arrangement drawing of the power plant giving overalldimensions, elevations, loadings and trench details. This drawing will be binding on the bidder. Any bidnot accompanied by this drawing will be rejected.

At the time of Award of Contract, if so desired by the Employer, the Contractor shall withdraw thesedeviations listed in Attachment 6 and Attachment 6A at the cost of withdrawal stated by him in the bid.In case the Contractor does not withdraw the deviations proposed by him, if any, at the cost ofwithdrawal stated by him in the bid, his bid will be rejected and his bid security forfeited.

ITB 23.2 Currency chosen for the purpose of converting to a common currency is IndianRupees.Source of exchange rate is Bills selling exchange rates established by State Bank of India / any otherNationalized Bank in India.Date of exchange rate is date of opening of bids.

ITB 24.1(a) Delete the words and those deviations not so identified in line 3-4.ITB 24.1(d) The following additional criteria will be used in the evaluation in the manner stated andto the extent indicated in the Bid Data Sheet under ITB Sub-Clause 25.3 (f).

ITB 25.1 Add the words including mandatory spares after the word equipment appearing inline 2 and 5.Substitute the word with appearing in line 5 with the word plus.

ITB 25.2(a) Delete the words and other deviations and omissions not so identified at the end of

the paragraph.Modify words Attachment 6 to Attachments 6 and 6A

ITB 25.3(a) In the second sentence modify words Attachment 6 to Attachments 6 and 6A.Delete the last sentence reading If such a price is not given, the Employer will make its ownassessment of the cost of such a deviation for the purpose of ensuring fair comparison of bids.

ITB 25.3(b) Substitute the word pre-commissioning appearing in line 3 with Commissioning.

ITB 25.3(b) Time Schedule

Time to complete the facilities from the effective date specified in Article 3 of the Contract Agreement(Appendix 1: Milestone Schedules) for determining time for completion of commissioning activities.

Time to complete the facilities from the effective date specified in Article 3 of the Contract Agreementfor determining time for completion of commissioning activities shall be 24 (Twenty Four) months. Theadjustment rate in the event of completion beyond the minimum period shall be [0.2 percent (%)] foreach week of delay from the minimum period

The adjustment rate in the event of completion beyond the minimum period shall be [0.2 percent (%)]for each week of delay from the minimum period.

Time to complete the facilities from the effective date specified in Article 3 of the Contract Agreementfor determining time for completion of commissioning activities:

Time to complete the facilities from the effective date specified in Article 3 of the Contract Agreement



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for determining time for completion of commissioning activities shall be between [720 days] minimumand [730 days] maximum. The adjustment rate in the event of completion beyond the minimum periodshall be [0.2 percent (%)] for each week of delay from the minimum period

ITB 25.3(d) Functional guarantees

Following Functional Guarantees are added to this clause:

Productivity of the equipment

Turbine and Generator unit shall be designed for the following parameters.

RatedHead

Rated Discharge throughTurbine

Rated Output atGenerator Terminal

42.50 m Bidder to specify 2500 kWRated

Head

Max. possible discharge

through turbine

Max. Output at General

terminal42.50 m Bidder to Specify 3000 kW

The bidders are free to offer turbine and generator unit with higher output(s) for corresponding headand discharge depending upon the design of their machines. However, no credit will be given for thesame.

The bids confirming rated turbine - generator unit output at generator terminal at rated head and rateddischarge less than 2500 kW or maximum turbine - generator unit output at generator terminal at ratedhead and maximum possible discharge less than 2500 kW will be treated as non-responsive. Therated turbine - gearbox generator unit output shall be guaranteed at rated head and rated discharge &maximum turbine - gearbox - generator unit output at generator terminal at rated head & maximumpossible discharge. The maximum turbine-gearbox-generator unit output will be verified after

installation at site by conducting field tests before taking over of the plant as per TechnicalSpecifications, Section VI.

The bidder shall furnish the Turbine linear characteristic curves for

(a) Discharge vs. turbine power output and turbine efficiency (b) Power output vs. efficiency of Turbine.(c) Head vs. efficiency and power output of Turbine (d) Speed vs. power output and efficiency ofTurbine.The bidder should also furnish hill curves or Graphs viz., Turbine operating characteristics for (a) Headverses power output (b) Head verses Discharge and universal characteristic curve, (c) Speed versesDischarge indicating isolines of efficiency of turbines, output of turbine, runner blade angle and guidevane angle position lines corresponding to rated head, (d) Runaway characteristics (e) Cavitationcoefficient curves. The bidder shall also indicate suction head, coefficient of cavitation, and speed and

runner size on the above characteristic curves. These curves shall also be authenticated by themanufacturers of turbine as derived from Model Tests in accordance with International Standards. Theweighted average Efficiency of the turbine - gearbox - generator unit arrived, as per the formula givenin the Technical Specifications (Section VI) shall not be less than 87%. The bids with weightedAverage Efficiency of less than 87% will be treated as Non-responsive. The bidder shall also specifyguaranteed efficiency for the turbine - gearbox-generator unit at 120%, 100% 80%, 60% and 40% ofrated output.

For the purpose of comparison of tender, the weighted average efficiency of the set of each bidder iscalculated as described in the Technical Specifications. The total bid price of the bidder having lowerweighted average efficiency as compared with that of the highest bidder will be loaded at the rate of2% of the total bid price for each 1% difference in weighed average efficiency. Bidders shall confirmLoad and Full Load loss for main transformer, Bid confirming lowest loss will be treated as the base



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and bids confirming higher losses will be loaded by an amount of Rs. 28,000/- per kW for increasedLoad Loss and Rs. 65,000/- per kW for increased No. Load Loss for each of the main transformer.

Bidders, who have not quoted for any particular items of minor nature, required as per specification,will be loaded from highest quoted bid or current market price. Any unacceptable deviation fromtechnical specification will be loaded. If a bidder has not quoted for any major item or not conformingto technical specifications substantially such deviation will constitute a material deviation and will betreated as non-responsive and its bid will be rejected.

Implication of T.G. building civil cost: The powerhouse building size indicated along with this biddocument is only indicative. The bidder is expected to provide the optimum size of the power housewith turbine centre line and other key levels. For the purpose of evaluation, size and levels given inthe drawing shall be taken as base. Bidders requiring higher sizes will be cost loaded in evaluation foradditional cost of T.G. building at the rate of Rs. 10,000/- per every additional square meter area.Similarly the offer will be cost loaded at the rate of Rs. 5,000/- for every additional cubic meter ofvolume of power house from the base depth indicated in the drawing. But bids, giving smaller area ofpower house or higher center lines and other levels shall not be given any cost advantage forevaluation purpose.

Note: Bidders are cautioned to furnish the correct information and bidder could risk rejection of hisbid for making misleading or false representation. Employer may verify these details from his pastexperience or from any other source and for the purpose of evaluation reserves the right to modify theparameters indicated by the bidder based on the above verification.

Bid drawings will be binding on the bidder and no changes will be accepted.

ITB 25.3(f) Add the word as after the word be in the first line.

ITB 25.3(f) Optional: Additional details, as appropriate, on the evaluation method or reference to

the Technical Specifications.

ITB 26 Domestic preference to apply.

ITB 26.1 Add the words including mandatory spares after the word facilities in line 2.In Line 5 of Clause 26.1, insert words Payable by a non exempt importer before words for thespecific plant

ITB 28.1 Add the following after the word contract at the end of the Sub-Clause:in terms of the qualifying requirements stipulated in the Bid Data Sheet ITB 9.3 (c) and (e)

ITB 29.2 Add the following at the end of the Sub-Clause:Contractor would be required to comply with all other requirements of the Bidding Documents except

for those deviations which are accepted by the Employer.

ITB 29.3 Add a new Sub-Clause 29.3 as follows:29.3 The Employer reserves the right to vary the quantity of any of the spares and/ or

delete any items of spares altogether at the time of Award of Contract.

ITB 29.4 Add a new sub-Clause 29.4 as follows:29.4 The mode of contracting with the successful Contractor will be as per stipulation outlined inClause SCC 31 and briefly indicated below:In the case of successful Indian Contractor, the award shall be made as follows:

(i) First Contract: For Ex-Works supply and CIF/CIP supply, if any, of allequipments and materials including mandatory spares identifying separately the CIF/CIP and Ex-



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Works components of the Supply.(ii) Second Contract: For providing all services i.e. inland transportation for deliveryat Site, unloading, storage, handling at Site, installation, Testing and Commissioning includingperformance testing in respect of all the equipments supplied under the First Contract and any otherservices specified in the Contract Documents.

Both contracts will contain a cross-fall breach clause specifying that breach of one will constitutebreach of the other.

In the case of successful foreign Contractor, the award shall be made as follows:(i) First Contract: For CIF/CIP supply of all offshore equipments and materialsincluding mandatory spares.(ii) Second Contract: For Ex-Works supply of all equipments and materials of Indian origin and for providing all services i.e. port handling and clearance for the imported Facilities,further loading and inland transportation for delivery at Site, unloading, storage, handling at Site,installation, testing and commissioning including performance testing in respect of all the equipmentsupplied under both the contracts and any other services specified in the Contract documents.Both contracts will contain a crossfall breach clause specifying that breach of one will constitutebreach of the other. The foreign Contractor, however, has the option, to be exercised as a part of hisbid proposal, to propose an Assignee to execute the Second Contract.It is our understanding that as per extant provisions, Indian Income Tax is not payable on sale ofFacilities, if the Contract is on Principal-to Principal basis and the title of Facilities passes to theEmployer outside India as in the proposed First Contract. The Bidders are, however, advised to checkthe position from their own sources.

CONTRACT AWARDITB 33 Amount of performance security shall be equal to 10 % (Ten Percent) of the final contractprice.ITB 34 Replace the words an hourly with the words a daily in line 2-3 and line 8.

Name of the Adjudicator proposed by the Employer: (Name, address, and telephone, cable and facsimile numbers)

Daily fee for the Adjudicator: Rs. 5,000 /- (Rupees Five Thousand Only) [US$ 100 (United StatesDollars hundred only)]
