vol-1 of pvm for 2x1mw solar pilot project r4

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2 X 1 MWp DISTRIBUTED SOLAR PV POWER PILOT PROJECT

TENDER NO: GIPCL/SOLAR-1/PVM/2015

GUJARAT INDUSTRIES POWER COMPANY LIMITED

REQUEST FOR PROPOSAL (RFP) DOCUMENT

Tender No: GIPCL/SOLAR-1/PVM/2015

Note: All interested Bidders who have downloaded the RFP document are advised to regularly visit the company website www.gipcl.com AND https://gipcl.nprocure.com for any updates / clarification / amendments pertains to this RFP. All necessary updates/notification shall be posted only on any of these websites and will not be published in newspaper. Bidders shall submit their Bids taking cognizance of the same. Bids submitted without taking into consideration any such amendment / notification / clarification prior to closing date shall be treated as non-responsive and shall be liable for rejection.

GIPCL e-TENDER (Volume I & II)

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Supply of Photo Voltaic (PV) Module

for

2 X 1 MWp Distributed PV Solar Power Pilot Project in

Gujarat.

This RFP document contains two volumes.

Volume I : RFP Bid Document

Volume II : General Conditions of Contract (GCC)

E- Tender No: GIPCL/SOLAR-1/PVM/2015 Date: 18/08/2015

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PO : PETROCHEMICALS 391 346, DIST. VADODARA, GUJARAT, INDIA. Phone : 0265-2230185 Fax : 0265 - 2231236

VOLUME - I

REQUEST FOR PROPOSAL (BID) DOCUMENT

FOR

Supply of Photo Voltaic (PV) Module

for

2 X 1 MWp Distributed PV Solar Power Pilot Projects in Gujarat

Tender No: GIPCL/SOLAR-1/PVM/2015

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INDEX OF VOLUME - I

Section No.

Description Page No.

I Notice Inviting Tender (NIT) and Request For Proposal (RFP)

5

II Instructions to Bidders (ITB) 10

III Profile of GIPCL & Brief about pilot project 26

IV Special Conditions of Contract 29

V Scope of Work 43

VI Bid Response Sheets (BRS), Price Schedules and Annexures

54

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SECTION I

NOTICE INVITING TENDER (NIT)

AND

REQUEST FOR PROPOSAL (RFP)

1.1 NOTICE INVITING TENDER

1.2 REQUESTS FOR PROPOSAL (RFP)

This Request for Proposal (RFP) Bid Document by GIPCL is to invite offers from prospective bidders for Supply of Photo Voltaic (PV) Modules for 2 X 1 MWp Distributed PV Solar Power Pilot Project at following locations in Gujarat:

( 1 ) 1 MWp at : Village Amrol, Dist. Anand

( 2 ) 1 MWp at : Village Vastan, Dist Surat

The Bid shall be submitted on Two Part basis as per the instruction given in the RFP Document.

GUJARAT INDUSTRIES POWER CO LTD

NOTICE INVITING TENDER (NIT)

Gujarat Industries Power Co Ltd (GIPCL) invites offers under Two Part bidding system from reputed firms having proven track record, execution capabilities and experience with sound financial background as per Qualification Criteria mentioned in the tender for Supply of Photo Voltaic (PV) Module for 2 X 1 MWp Distributed PV Solar Power Pilot Project at Village Amrol (Dist. Anand) and at SLPP (Village Vastan Dist. Surat) in the State of Gujarat. The RFP / Tender Document is uploaded on https://gipcl.nprocure.com and can also be accessed from companys website www.gipcl.com.The last date for submission of the Bid is 15/09/2015, up to 14:00 Hrs (IST).

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PO : PETROCHEMICALS 391 346, DIST. VADODARA, GUJARAT, INDIA. Phone : 0265-2230185 Fax : 0265 - 2231236

Request for Proposal (RFP)

Ref: GIPCL/SOLAR-1/PVM/2015 18/08/2015 To, Prospective Bidder

Sub : Tender No: GIPCL/Solar-1/PVM/2015 for Supply of Photo voltaic (PV) Module for 2 X 1 MWp Distributed PV Solar Power Pilot Projects in the State of Gujarat

Dear Sir,

Gujarat Industries Power Company Limited (GIPCL) invites bids from prospective Bidders having required capabilities, experience, proven track record and sound financials as per the criteria laid down in this RFP for the subject item under "Two-Part Bid System complete in accordance with the following details and terms & conditions as per enclosed RFP Document for Supply of Photo voltaic (PV) Module for 2 X 1 MWp Distributed PV Solar Power Pilot Project as per following details:-

1.0 BRIEF DETAILS Table A

Sr. No.

Description of Item Particulars

1 Supply of Photo Voltaic (PV) Module for 2 X 1 MWp Distributed PV Solar Power Pilot Project

PV modules having rating of 310 Wp or 315 Wp as per price bid for Site Locations as indicated below :

1) 1 MWp at Amrol Dist.- Anand, Gujarat 2) 1 MWp at village Vastan, near our SLPP

site, Dist-Surat, Gujarat 3) Rooftop quantity for Vadodara and SLPP

as per price bid. Details of Locations are given at Annexure-1

2 Delivery Schedule 10 Weeks from the date of LOA per Clause 5.8 of Section-V of Vol-.I of the RFP.

3 Mode of Tendering Open Competitive in Single Stage Two Part bidding.

4 Tender Fee (non-refundable) Rs. 2,000/- (Rupees Two Thousand only)

5 Earnest Money Deposit (EMD) Rs. 15.0 Lacs (Rupees Fifteen Lacs Only)

6 Tender documents available for From 18/08/2015 to 15/09/2015 from website:

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download on Web site https://www.nprocure.com or https://gipcl.nprocure.com OR Bidder can also view and download the RFP, from GIPCL Website www.gipcl.com.

7 Date and Time of Pre-bid Meeting Tentatively on 27/08/2015 at 11:00 hrs. IST, Shall be confirmed on website.

8 Venue for Pre-Bid Meeting & Opening of Bids

GIPCL Corporate Office at PO: Petrochemicals - 391 346, Dist. Vadodara, Gujarat, India OR as notified by GIPCL.

9 Last Date & Mode of submission of Bids

Date : 15/09/2015 Up to 14:00 hrs (IST) Part- I (Techno-commercial Bid) (Envelop-II) along with Tender Fee and EMD (Envelop-I) to be submitted in Physical form in two separate sealed envelope addressed to Bid Submission Address mentioned at Sr. No. 12 of this table and also to be uploaded on website https://gipcl.nprocure.com on or before due date and time in line with instructions to Bidders as per RFP. Part-II (Price Bid) is STRICTLY TO BE SUBMITTED ONLINE on or before due date and time to website https://gipcl.nprocure.com in line with Instructions to Bidders as per RFP, (n)procure guidelines and instructions and subsequent clarification, amendment issued thereof if any in this regard. Bid submitted with Physical Price Bids Envelope shall become liable for rejection.

10 Last Date for Submission of EMD, Tender fee and other supporting documents for qualification & technical bid in physical form at the mentioned address.

Date : 15/09/2015

Time : 14:00 hours (IST)

Venue: GIPCL Corporate Office,

PO:Petrochemicals - 391 346,

Dist.Vadodara.

11 Date & Time of Opening of Un-priced Bid (Part-I)

Date : 15/09/2015

Time : 15:00 hours (IST)

Venue: GIPCL Corporate Office,

PO : Petrochemicals - 391 346,

Dist.Vadodara.

12. Contact Person and Bid Submission Address for Part- I (with EMD+Tender Fee)

Mr. S. N. Purohit Addl. Gen. Mgr. (O&M) Gujarat Industries Power Company Limited PO:Petrochemicals-391346, Dist.Vadodara, Gujarat, India Tel.:+91-265-2230185 Fax:+91-265-2231236 Email: [email protected]

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13 Technical Specification of Photo Voltaic (PV) Modules

As given in Section V of Vol-.I

14 Location of Project 1) 1 MWp at village Amrol, Taluka : Anklav Dist.- Anand, Gujarat

2) 1 MWp at village Vastan near our SLPP plant, Nani-Naroli, Dist-Surat, Gujarat

See Annexure-1for Details

15 Currency of Offer Quoted Price should be in Indian Rupees Only. (For Indian and Foreign bidders both).

16 Payment Terms As per Clause 4.8 of Section-IV of Vol.I of the RFP.

17 Contract Performance Bank Guarantee (PBG)

The successful bidder will have to submit Contract Performance Bank Guarantee (PBG) for an amount equivalent to 10% of Contract Value. In case of non-submission of PBG as per Proforma within stipulated time, GIPCL reserves the right to terminate the contract / cancel the LOI without any financial implication to GIPCL.

18 Evaluation of Bids Evaluation of Bids of eligible bidders shall be done as per Clause 2.3 of Section-II of Vol.I - Bid Evaluation.

19 Validity of Offer Offers shall be valid for a period of 120 days from bid submission due date.

20 Quotation to be on Firm price basis

Prices quoted as per Price Schedule of Bid Document by the bidders shall remain Firm during the bidders Performance of the contract and not subject to variation on any account. Quotation submitted with variable price will be treated as non- responsive and the same shall be rejected.

21 Custom Duty, CVD, etc.

If goods offered from abroad, Custom Duty, CVD and other applicable levies, etc, if payable, will be paid directly by the bidder and shall be included in the tender price only.

22 Taxes, duties, levies etc In case bidder offering goods manufactured in India, ED / Service Tax & VAT / CST and other statutory levies solely in respect of transaction between the Owner and the supplier under the contract, shall be included in the tender price only. However any increase in Taxes / Duties / Statutory levies shall be borne by GIPCL. Similarly any benefits arising out of the same shall be passed on to GIPCL by the Bidder.

23 Queries regarding Pre- Bid meeting

Any queries regarding pre-bid meeting may be uploaded to relevant section at https://gipcl.nprocure.com after registration and also to be simultaneously forwarded to Contact Person of GIPCL at Email: [email protected] at least three days prior to the Pre-Bid Conference.

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24 Queries Regarding Online Portal For any queries related to online registration, download, bid submission etc. on n-procure portal, Bidder may contact at following: (n) Code Solutions A division of GNFC Ltd. 301, GNFC Info Tower, Bodakdev, Ahmedabad 380 054 (India) Tel: +91 79 26857316 / 17 / 18 Fax: +91 79 26857321 E-mail: [email protected] www.nprocure.com Toll Free: 1800-233-1010 (Ext. 501,512,517)

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SECTION II

INSTRUCTIONS TO BIDDERS (ITB)

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CONTENTS OF SECTION - II

Clause No.


2.1 Information to Bidder 12

2.2 Bidders Eligibility Criteria 12 2.3 Bid Evaluation 14

2.4 Rights of Owner 16

2.5 Bid Form 16

2.6 Validity 16

2.7 Instructions for Submission of Bids 16

2.8 Method of Tendering / Signature of Bid 22

2.9 Disqualifications 23

2.10 Confidentiality 23

2.11 Force Majeure 23

2.12 Arbitration 23

2.13 Jurisdiction / Governing Laws 24

2.14 General 25

2.15 Submission Copies of Certificate /Documentary Proof 25

2.16 Pre-bid Meeting 25

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SECTION-II

INSTRUCTION TO BIDDERS (ITB)

2.1 INFORMATION TO BIDDER

2.1.1 Bidders are required to furnish all information and documents as called for in this document in English language. Any printed literature furnished by the Bidder in another language will require to be accompanied by an English translation, which shall govern in case of any variation.

2.1.2 Addenda to the tender document could be issued prior to the last date of submission of the Bids to revise any of the tender condition.

2.1.3 All addenda, clarification, replies to pre bid queries etc. are to be considered an integral part of the tender document and Bidder deemed to have taken in to account while submitting its Bid irrespective of the fact that whether the clarification, amendment, addenda issued is relevant to the query raised by him. All such clarification/amendment etc. will be web hosted and can be viewed in either on www.gipcl.com or https://www.nprocure.com or https://gipcl.nprocure.com. It is the responsibility of Bidder during the tendering stage to regularly visit both web sites and keep himself updated on any such postings prior to submission of the Bids. The Bidder shall be deemed to have informed himself of all information, amendments and clarifications with respect to the present tender document. Bids submitted without cognizance of any such postings would be treated as non responsive and is liable to be rejected.

2.1.4 Bidder is required to take into account all addenda in his Bid received during the bid period and to confirm / attach the same in the Bid.

2.1.5 Bidder should submit Bid in Two part with EMD: Part-I (Techno-commercial) in Physical and soft form and Part-II (Price Bid) strictly online as per instructions of clause 2.7 of Section II - Bid Submission. The technical and financial evaluation will be carried out as stipulated in clause 2.3 of the RFP. The decision of GIPCL regarding evaluation of the Bids and viability of the offer will be final and GIPCL will be under no obligation to give any reply, justification to any of the Bidder in any form. No communication in this regard shall be entertained post submission of the Bid.

2.1.6 Bid should be filled in only with ink or typed. Any bid filled in by pencil or

otherwise shall not be considered. 2.1.7 All additions, alterations, and over-writings in the bid or accompanying

documents must be clearly signed and stamped by the authorized signatory to the bid.

2.1.8 The tender documents shall not be transferable. 2.1.9 The Bidder shall be disqualified if any untrue statement, or misrepresentation is

made in the bid forms, attachments and other supporting documents submitted by the Bidder

2.2 BIDDERS ELIGIBILITY CRITERIA

Bidders intending to participate in this tender shall fulfill the Eligibility Criteria as follows. Bids submitted without meeting any of the below mentioned criteria fully or partially shall be treated as non responsive and disqualified and EMD forfeited.

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2.2.1 The Bidder should meet the eligibility criteria and requirements stipulated hereunder:-

A. Technical Criteria

(i) The bidder should be original manufacturer or authorized dealer or Indian agent of solar PV Module.

(ii) The bidder should have designed, engineered, manufactured, supplied Solar PV Module of aggregate capacity not less than 25 MW during last three financial years. Further bidder should have supplied successfully PV modules of 310Wp or more for at least 10 MW capacity.

(iii) At least 2 MWp capacity of PV modules supplied by the Bidder must be in operation with satisfactory performance for minimum 5 Years.

B. Financial Criteria

(i) Annual turnover of the bidder in any one of the three preceding financial years should be not less than Rs.75 Crores per year.

(ii) Net worth of the bidder should be positive for last two Financial Year ended on 31.03.2014 and 31.03.2015

Bidder shall also submit the details as per Bid Response Sheet No: 4 attached with this RFP Document

2.2.2 OTHER TERMS

(i) Bid shall only be submitted by firm(s) whose experience is furnished as

documentary proof towards fulfilling the Qualifying Criteria. In case the experience claimed for Qualifying is of parent company, Bid should be submitted by parent company or accompanied by Letter of Association specifically addressed to GIPCL with all resource commitment from parent company with Bid security /Guarantee from parent company. Bid submitted without such Letter of Association along with the original Bid, shall be liable to be disqualified for further evaluation and Bidders EMD shall be forfeited.

(ii) In case of Technical collaboration with foreign company, the applicant shall submit relevant proof of the collaborators experience and shall also produce relevant document of as proof of collaboration and certificate from their collaborator for technical support to the applicant for the project and after sales services.

(iii) The experience list shall include only projects executed by Bidder himself as a turnkey contractor/PV module supplier and not as a sub-contractor. The list of project executed shall clearly mention name of the technology partner / licensee agreement company and whether the same is valid as on date with date of expiry.

(iv) Bidder shall ensure that all the information, facts & figures, data provided in the bid are accurate and correct. GIPCL reserves the right to confirm / verify any data or information through their own sources. GIPCL also may contact directly the references given for the project executed and may also visit the site, manufacturing facilities & sub-vendors works etc., physically to as certain capabilities of the applicant, if it so desires at their own cost. Bidder may have to facilitate GIPCL for any such visit.

(v) The bidder shall furnish documentary evidence by way of copies of Contract / Purchase Order, Completion Certificate or any other equivalent

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document, Audited Balance Sheet and Profit & Loss Account etc., along with the Bid to establish experience / track record and financial capabilities meeting Bid Evaluation Criteria.

(vi) The bidder or its Proprietor / Partner(s) / Director(s) of the Firm should not have been convicted by a Court of Law for an offence involving moral turpitude in relation to business dealings during the past seven (7) years.

The bidder should meet all the above eligibility criteria as on the bid due date. The bids of only those bidders, who meet the Bidders Eligibility Criteria, will be considered for further evaluation. Notwithstanding anything stated above GIPCL reserves the right to verify all statements/information submitted to confirm the Bidders claim on experience and to assess the Bidders capability and capacity to perform the contract should the circumstances warrant such an assessment in the overall interest of the project. Further, notwithstanding the above, GIPCL reserves the right to accept or reject any BID and to annul the process of submission of BID and reject all or any BID, at any time without incurring any obligation of intimation thereof to the bidders or incurring any liability in respect thereof. GIPCL shall in no way be responsible or liable for any loss, damage or inconvenience caused to the rejected Applicants whatsoever. GIPCL shall be under no obligation to inform the affected Applicants of the rejection and / or ground for rejection.

2.3 BID EVALUATION

2.3.1 Evaluation of both Techno-Commercial (un-priced) bids and priced bids shall be done separately.

2.3.2 Techno-commercial evaluation of the un-priced bids shall be carried out first.

This will be done on the basis of Eligibility Criteria as given in Clause 2.2 of this Section and the completeness and conformity of the bids with respect to RFP requirements.

2.3.3 Price Bids of only techno-commercial acceptable bids shall be considered for

further evaluation.

2.3.4 Further with a view to give appropriate advantage to PV module suppliers, who offers PV module with higher efficiency, better temperature coefficient, etc. PV module from each qualified bidder will be evaluated through PVSYST software with keeping other parameters constant like, irradiation at particular site, Inverter model, detailed ohmic loss, and shading loses. The simulation of the Software shall be done and total annual electricity generation will be considered as final output. The PV module with the highest electricity generation will be considered as a benchmark and other PV module shall be loaded financially based on discounted cash flow. Sample for bid evaluation is shown in following Illustration.

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Illustration:

Step-1: Datasheet for PV Module.

Sr. No. Particulars Supplier -1 Supplier-2

1 Maximum Power @STC, Wp 310 310

2 Optimum operating Voltage, Vmp 36.4 37.71

3 Optimum Operating Current, Imp 8.52 8.23

4 Open Circuit Voltage, Voc 44.9 45.8

5 Short Circuit Current Isc 9.08 8.79

6 Module Efficiency 16.16% 15.98

7 Power Temperature Coefficient -0.43 %/C -0.44 %/C

8 Temperature Coefficient for Voc -0.34 %/ C -0.34 %/C

9 Temperature Coefficient for Isc 0.065 %/C 0.04 %/C

10 Quoted Price ( including taxes duties, freight etc.) Rs.

3 Cr./MW 2.95 Cr./MW

Step-2 :

Above Data Evaluated through PVSyst software and annual generation for one

year will be generated for 1 MW Plant.

PVSYST Parameter and output:

Site : Amrol, Tal: Anklav, District: Anand, Gujarat- India.

Geological Data : NASA

Inverter : 1 MW capacity, Make: Danfoss, Model: QLX1000

Modules in series : 18 Nos.

Total Nos. of Array : 180

Seasonal Tilting Angle: 0 to 51 Deg.

Annual Generation : Supplier -1: 1812937 KWh

Supplier -2: 1791166 KWh

Step-3

Financial Evaluation:

Loss in Generation : 21771 KWh compared to supplier-1

Unit Rate : 2.80 Rs. /KWh with 5 paisa escalation yearly.

NPV : 6,26,159/-

Step-4

Final Evaluated Price :

Supplier - 1 Rs .3,00,00,000 per MW ( base being highest generation )

Supplier - 2 Rs. 2,95,000,00 + Rs. 6,26,159 = 3,01,26,159 per MW

NOTE : The above illustration is given for Amrol site. Similar methodology will be followed for evaluation of bid for Vastan site where in irradiation data for Vastan site will be considered.

2.3.5 In case of visibility of ranking of Bidders and prices online after opening of Price Bid, shall not be treated as ranking for deciding the order. The quoted prices will be evaluated further for any financial loading for placement of order along with other parameters outlined as per Bid Evaluation Methodology prescribed in this tender/RFP document.

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2.4 RIGHTS OF OWNER

2.4.1 Bidders are informed that Owner is neither under any obligations to select any bidder nor to assign any reason for either qualifying or disqualifying any bidder. Owner is also not under any obligation to award the contract and proceed with the project or any part thereof under this RFP. GIPCL reserves the right to split the orders response and evaluations of the Bids in its best interest. GIPCL is not bound to select lowest Bidder solely on the basis of price.

2.4.2 At any time prior to opening of price proposals, either on its own initiative or in response to clarifications requested by any prospective bidder, Owner may modify the document by issuing an amendment on website only.

2.4.3 Owner reserves the right to assess Bidders capability and capacity to perform the work/contract to full satisfaction of the Owner.

2.4.4 Owner reserves the right to accept, prefer and reject any or all proposals without assigning any reason thereto.

2.5 BID FORM

Bidders are required to sign the Bid Form enclosed as per Bid Response Sheet No: 3 of Vol.1 of this Section with the tender document, failing which their bid shall be liable for rejection.

2.6 VALIDITY

The bid shall be valid for 120 days from the bid due date or extension if any without any change in the quoted price and all terms and conditions.

2.7 INSTRUCTIONS FOR SUBMISSION OF BIDS 2.7.1 Bid shall be submitted in Two Part

A: Part :I Technical with Tender Fee and EMD in Physical form (In a separate

sealed envelope) to be submitted at the address mentioned below and to be uploaded in electronic form on https://gipcl.nprocure.com. Part I shall contain following: Envelop I + Envelop II, both separately sealed and put in another sealed cover super scribing Part I clearly as follows : a) Envelope-I : Earnest Money Deposit (EMD along with Tender Fee)

The Earnest Money deposit (EMD) shall be placed in a separate sealed envelope marked as EMD and Tender No:.GIPCL/SOLAR-1/PVM/2015 along with Tender Fee shall be placed in sealed envelope.

b) Envelope-II : Un-priced / Techno-commercial Bid including Bid eligibility criteria : Envelope II shall contain un-priced Techno-commercial Bid, which shall include complete technical information about PV Modules offered along with all the required details, Bid Response Sheets and all the documents as stated in this RFP document.

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The Un-priced bid shall contain one duly signed and stamped on each and every page of tender document and addenda, if any. Price Schedule format with prices kept blank shall be submitted as a token of acceptance of the same. Necessary documents complete in all respect in support of meeting with Bid Eligibility Criteria shall be furnished along with all other documents sought under this tender document. All Bid Response Sheets duly filled in and signed shall be submitted along with the documents. The respective envelopes are to be super scribed as EMD along with Tender Fee, Un-priced Bid / Techno-commercial Bid (PART-I). All the above two envelopes i.e. EMD along with Tender fee, and Un-priced / Techno commercial Bid shall be put inside one single envelope, sealed and clearly super scribed on the envelope.

BID DOCUMENT DO NOT OPEN BID DOCUMENT (Part-I-Technical)

TENDER NO. : GIPCL/SOLAR-1/PVM/2015 DUE DATE : 15/09/2015 up to 14:00 hours IST

For understanding purpose, for Bid submission, a pictorial view for enclosing Envelopes and submitting Technical Bid Part-I in physical form with EMD & Tender Fee as per RFP is depicted below:

Note: Bidder must submit Price Bid as per GIPCL RFP format only in electronic

form online to https://www.nprocure.com or https://gipcl.nprocure.com only as per Bid Instructions. Bids received with Prices submitted in

ENVELOPE PART- I (SEALED) (1 ORIGINAL + 1 COPY)

ENVELOPE I

(SEALED)

ENVELOPE II

(SEALED)

From: Bidders details

BID DOCUMENT DO NOT OPEN BID DOCUMENT (Part-I-Technical only) TENDER NO. : GIPCL/SOLAR-1/PVM/2015 DUE DATE : 15/09/2015 up to 14:00 hours IST

To,

Bid Submission address of GIPCL as per RFP

From: Bidders Details

EMD WITH TENDER FEE TECHNO-COMMERCIAL BID

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Physical form shall be out rightly rejected. B. Part-II: Price Bid

All Bidders kindly note that Price Bid must be submitted online in electronic format only through etendering on n-procure portal at https://gipcl.nprocure.com or as notified by GIPCL after completing registration and with valid digital signature certificate by authorized signatory strictly as per GIPCL RFP format and Bid submission instructions only. Price Bid shall be submitted online site wise separately and strictly as per Price Bid Formats.

It should contain only the Price Schedule complete with rates / prices filled in. The Price Schedule shall be free from any terms and conditions. Price Bid containing any new / fresh condition shall be liable for rejection.

2.7.2 The bidder shall be required to fill the rates as provided in the Price Schedule.

Any incomplete details shall make the bid liable to be rejected at the outset

Bidder shall ensure that they submit the bid well before the "Due Date & Time of Bid-Submission". GIPCL shall not be responsible for any delay in submission of Bid and inability of a bidder to submit bids on "Due Date & Time of Bid-Submission".

2.7.3 Bidder may go through the e tendering instruction for online Bid participation

through n-procure platform at clause 2.7.28 in this Section II for further details and guidance for participation in the tendering process through e-tendering. In case of any queries related to e-tendering system, Bidder may write/contact at following details:

(n) Code Solutions A division of GNFC Ltd. 301 , GNFC Info tower, Bodakdev, Ahmedabad 380 054 (India) Tel: +91 79 26857316 / 17 / 18 Fax:+91 79 26857321 E-mail: [email protected] www.nprocure.com Toll Free: 1800-233-1010(Ext. 501,512,517)

2.7.4 Bidder must submit Part I (Technical) Bid in Physical form with EMD and Tender Fee with other supporting documents for qualification & Un-priced copy of price schedule as per RFP format only to Correspondence Address. Also soft copy of Technical Bid shall be uploaded to https://gipcl.nprocure.com Part I (Technical) Bids in Physical form to be submitted to following address:

MR. S. N. PUROHIT ADDL. GENERAL MANAGER (O & M) Gujarat Industries Power Co Ltd P.O Petrochemicals, Dist: Vadodara-391346 Phone : +91-265-2230185 Cell : +91-9909035311 Fax : +91-265-2231236 Email : [email protected]

All Bidders may kindly note that all Pre Bid correspondences /clarification /queries shall be raised /posted on https://www.nprocure.com or https://gipcl.nprocure.com at relevant place designated/earmarked for this

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tender only with a mail copy addressed to [email protected]

2.7.5 In case price bid is received in Physical condition and / or incorporated / mentioned anywhere else the offer will be rejected.

2.7.6 Bids (Part-I)shall be accompanied by Earnest Money Deposit (EMD) as per

amount mentioned against Sr. No. 5 Table A of Clause 1.0 - Brief details Section I - Request for Proposal.

2.7.7 The EMD shall be in the form of Bank Draft or Original irrevocable Bank

Guarantee of equivalent amount as per Annexure-6 of Volume-I issued by approved Bank listed at Annexure-9 of Volume-I in favour of Gujarat Industries Power Company Limited valid for a period of 180 days from the due date of the submission of the Bid.

2.7.8 EMD shall be non-interest bearing. Any bid, not accompanied with requisite EMD

shall be summarily rejected. The EMD will be forfeited if the BIDDER (i) withdraws his tender after acceptance or (ii) withdraws his tender before the validity date of the tender.

2.7.9 Owner shall not be responsible for any delay, loss or non-receipt of bids sent

through post / courier / or other means / reasons, whatsoever.

2.7.10 Part-I (un-priced Bid separately) of the Bids submitted by due date and time at the above address shall be opened as per the Schedule mentioned in the Bid Invitation Notice at Sr.No.11 Table A Section I Clause 1.0-Brief Details. Bidder or any authorized representative of the bidders may attend the opening.

2.7.11 Owner may at its sole discretion, extend the bid submission due date / time.

2.7.12 Bid document may be checked before submission to ensure that all information/ documents required for qualification are included.

2.7.13 Transfer of bid document issued to one prospective Bidder to any other party is

not permissible. 2.7.14 Intending Bidders are required to carefully go through the instructions included in

the bid document and participation in e-tendering through n-procure platform and to fully acquaint themselves with Bidding procedure. It would be the sole responsibility of the bidder to submit Bid strictly as per Bidding Instructions contained in the RFP and complete necessary formalities of registration, obtaining valid Digital Certificates for authorized Bid signatories etc from n-code solution as per the contact details given in the RFP Bid document. Bidder must furnish complete information, necessary documents and schedules in line with RFP. Incomplete information, inadequate supporting data, Bids without complying or adherence to online participation formalities as prescribed shall make Bids non responsive and shall be liable for rejection and forfeiture of EMD.

2.7.15 The Bidder will be deemed to have independently obtained all the necessary information for the purpose of preparing his bid.

2.7.16 It should be clearly noted that under no circumstances any time extension or any

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financial or any other kind of adjustment would be permitted for want of non-familiarity of work or work site, e-tendering procedure etc.

2.7.17 All costs towards site visit(s), conference(s), preparation and submission of bids

shall be borne by the Bidders themselves. 2.7.18 At any time, prior to last date of receipt of bids, Owner either on its own initiative

or in response to clarifications requested by a prospective Bidder, may amend/correct the RFP document by issuing an amendment/corrigendum/clarification by way of posting it on the website of the company i.e. htpp://www.gipcl.com or https://www.nprocure.com or https://gipcl.nprocure.com from time to time. GIPCL will not issue any clarification/amendment in newspaper and all information related to this RFP will uploaded on above mentioned websites only. All prospective Bidders should regularly keep updating themselves for issue of any such corrigendum/amendment/clarification etc and other Bid related information. In such cases, the Company may in its discretion extend the deadline for submission of bids in order to facilitate the prospective Bidders for incorporating the effect of the amendment in their bids. Bidders should submit their Bids taking into consideration impact of any such clarification / amendment / corrigendum etc. issued prior to closing date. Bids submitted in ignorance of any such amendment or additional information shall be treated as non responsive and liable to be rejected.

2.7.19 After opening of proposal and till final selection of successful Bidders(s), no

correspondence of any type will be entertained, unless called for by owner. Any type of uncalled for clarifications on prices and or rebates shall not be accepted.

2.7.20 Failure to furnish all the information as required under the bid documents or

submission of a bid containing deviations from the contractual terms and conditions, specifications or requirements shall be treated and rejected as being non responsive.

2.7.21 Bidders are advised to submit offers strictly based on the terms and conditions and specifications contained in the bid documents. For any terms and conditions and for absolutely unavoidable reasons, the Bidder may indicate deviations only in the format provided for the purpose. (Ref. Bid Response Sheet No:8) Deviations mentioned anywhere else would simply be ignored without any consequences.

2.7.22 The Bidder must quote the prices in line with the formats provided in the

document. Quoted rate / cost shall be entered in words as well as in figures. These should not contain any additions, alterations, over-writings, cuttings or corrections and any other markings, which leave any room for doubt. In case of difference in figures and words, the amount written in words shall prevail and shall be considered for evaluation.

2.7.23 A single authorized representative of the Bidder should sign and affix seal on

each page of the bid document. Proof for authorization for signing the document shall be furnished by the Bidder.

2.7.24 Successful Bidder / Bidders will be required to execute a Contract Agreement in

the prescribed format, which will be furnished at the time of LOA. In the event of failure of Bidder to execute the contract agreement within specified period from

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the date of receipt of acceptance of the bid, the full earnest money deposited shall be forfeited.

2.7.25 Bid proposal preparation is the responsibility of the Bidder and no relief or

consideration will be given for errors and omissions. 2.7.26 Bidders shall declare that they have not been blacklisted or banned by any

Government or quasi Government agency and are not restricted in any manner from participating in the bidding process. If yes, details to be given. (Bid Response Sheet No.-9).

2.7.27 Bidders are required to give a declaration giving the names of other firms /

agencies / partnership firm / wholly owned subsidiary etc., where they are having financial / professional stakes and also furnish a declaration / a certificate if any such firm agency is participating in this tender.

2.7.28 Bidders who wish to participate in this tender will have to procure or should have legally valid Digital Certificate (Class III) as per Information Technology Act-2000, using which they can sign their electronic bids. Bidders can procure the same from any of the license certifying Authority of India or can contact (n)code solutions- a division of GNFC Limited, who are licensed Certifying Authority by Government of India at address mentioned below .

All bids should be digitally signed. The bidders are required to contact at the below mentioned address for detailed training on on-line tendering.

(n) Code Solutions - A division of GNFC Ltd. 301 , GNFC Info tower, Bodakdev, Ahmedabad 380 054 (India) Tel: +91 26857316 / 17 / 18 Fax: +91 79 26857321 E-mail: [email protected] www.nprocure.com Toll Free: 1800-233-1010(Ext. 501,512,517)

2.7.29 Kindly note that, valid Digital Signature Certificates is a must for all the interested bidders in the name of Authorized Bid Signatory. Online tendering process is not possible without valid digital signature certificate. Interested bidders are also requested to complete their procedure for taking digital signature certificate in respect of filling of application form, supporting documents with necessary fees at least 3 days before last date of tender submission.

2.7.30 Problems in hardware/software, internet connectivity, system configurations, browser settings etc. for what so ever reason shall not be considered for extension of tender closing date and time.

2.7.31 (n)Code Solutions reserves the rights to issue digital signature certificate after verification of application forms / supporting documents submitted by bidder. (n)code solutions is fully authorized to issue digital signature certificate to bidders.

2.7.32 All the bidders who have no facility to participate in on-line tenders are requested to contact (n) code solutions for the same.

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2.7.33 All the correspondence in respect of training, support or digital signature certificate should be addressed to (n) code solutions directly on the above mentioned address.

2.7.34 Immunity to Government of India / Government of Gujarat

It is expressly understood and agreed to by and between the bidder and GIPCL that GIPCL is entering into this contract solely as a separate and independent legal entity and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India / Government of Gujarat is not a party to this contract and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that GIPCL is an independent legal entity with power and authority to enter into contracts solely in its own behalf as a separate legal entity under the applicable laws of India / Government of Gujarat and general principles of contract law. The bidder expressly agrees, acknowledges and understands that GIPCL is not an agent, representative or delegate of the Government of India / Government of Gujarat. It is further understood and agreed that the Government of India / Government of Gujarat is not and shall not be liable for any acts, omissions and commissions, breaches or other wrong arising out of the contract. Accordingly, the bidder shall hereby have deemed to expressly agree, acknowledge and covenant that it does not have any claim, remedy or right of action including cross, impleader claims or counter claims against the Government of India and the Government of Gujarat what so ever arising of or under this Agreement.

2.7.35 GIPCL reserves the right to award / split the work among more than one contractor at the stage of initial award of contract, reject or accept/prefer any tender without assigning any reason whatsoever. The owner will not entertain any claim from contractor as a result of such splitting up of the work.

2.8 METHOD OF TENDERING/SIGNATURE OF BIDS

2.8.1 The Bid must contain the name, residence and place of business of the person or persons making the Bid and must be signed and sealed by the Bidder with his usual signature. The name of all persons signing should also be typed or printed below the signature on each page.

2.8.2 Bid by a partnership must be furnished with full names of all partners and be signed with the partnership name, followed by the signature and designation of one of the authorized partners or other authorised representative(s). A certified copy of the power of attorney authorising such partner or representative shall also be submitted. A copy of the partnership deed alongwith details of registration shall also be furnished

2.8.3 Bids by a Corporation/Company must be signed with the legal name of the Corporation/Company by the President, Managing Director or by the Secretary or other person or persons authorised to Bid on behalf of such Corporation/Company in the matter. A certified copy of the board resolution/power of attorney authorising such partner or representative shall also be submitted.

2.8.4 The Bidder's name stated on the proposal shall be the exact legal name of the firm.

2.8.5 Erasures or other changes in the Bid Documents shall be initialed by the person signing the Bid.

2.8.6 Bids not conforming to the above requirements of signing may be disqualified.

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2.9 DISQUALIFICATIONS

Owner reserves the right at its sole discretion to disqualify any Bidder or reject any Bid on any of the following grounds :- 2.9.1 Found having indulged in corrupt or fraudulent practices in any bid process in the

past. 2.9.2 The Bid not being accompanied by any supporting documents or Annexures

required to be submitted in accordance with the RFP /tender document. 2.9.3 Submission by a Bidder of more than one Bid for this RFP. 2.9.4 Failure to comply with the requirements of Instructions to Bidders & RFP or the

Bid being found to be non-responsive to the requirements of the RFP. 2.9.5 If the Bid is not signed, sealed and marked as stipulated in the ITB or does not

contain all the information as required in this ITB or in the formats specified in the ITB.

2.9.6 Any Bid not accompanied by a Bid Security / EMD or tender fee. 2.9.7 Any Bid received after the Due Date mentioned in the relevant Clause. 2.9.8 The Bidder shall be disqualified if any untrue statement, or misrepresentation is

made in the bid forms, attachments and other supporting documents submitted by the Bidder.

2.9.9 Any other reasons or a circumstance which in the opinion of GIPCL requires that the concerned bidder be disqualified.

2.10 CONFIDENTIALITY

Bidder shall treat Bid Documents and contents therein as private and confidential. If at any time during bid preparation, bidder decides to decline the invitation to bid; all documents must be immediately returned.

2.11 FORCE MAJEURE

Any delays in or failure of the performance of either parties hereto shall not constitute default hereunder or give rise to any claims for damages, if any, to the extent such delays or failure of performance are caused by occurrences such as acts of God or the public enemy, expropriation or confiscation of facilities by Government authority, compliance with any order or request of any Government authorities, acts of war rebellion, sabotage, fire, floods, explosions riots earthquake, provided always that such occurrences result in impossibility of performance of the contract. Only events of Force Majeure which impedes the execution of the contract at the time of its occurrence shall be taken into cognizance. Provided however, that the party seeking protection of the Force Majeure conditions shall intimate in writing to the other party of the existence of such circumstances and the impact thereof on the ability of the party to perform its obligations on account thereof

2.12 ARBITRATION

All disputes or differences whatsoever which shall at any time arise between the parties hereto touching or concerning the works or the execution or maintenance thereof of the contract or the rights touching or concerning the works or the execution or maintenance thereof of this contract or the construction meaning operation or effect thereto or to the rights or liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before or after determination, force closure or breach of the contract (other than those in respect of which the decision of any person is

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by the contract expressed to be final and binding) shall after written notice by either party to the contract to the other of them and to the Appointing Authority hereinafter mentioned be referred for adjudication to a sole Arbitrator to be appointed as hereinafter provided.

For the purpose of appointing the sole Arbitrator referred to above, the Appointing Authority will send within thirty days of receipt of the notice, to the contractor a list of three names of persons.

The contractor shall on receipt of the names as referred select any one of the person named therein to be appointed as a sole Arbitrator and communicate his name to the Appointing Authority within thirty days of receipt of the names. The appointing Authority shall there upon without any delay appoint the said person as the sole Arbitrator. If the contractor fails to communicate such selection as provided above within the period specified, the Appointing Authority shall make the selection and appoint the selected person as the sole Arbitrator.

If the Arbitrator so appointed is unable or unwilling to act or resigns from his appointment or vacates his office due to any reason whatsoever another sole Arbitrator shall be appointed as aforesaid. The work under the contract shall, however continue during the arbitration proceedings.

The Arbitrator shall be deemed to have entered on the reference on the date he issues notices to both the parties fixing the date of the first hearing.

The Arbitrator may, from time to time, with the consent of the parties, enlarge the time for making and publishing the award.

The Arbitrator shall give a separate award in respect of each dispute or difference and shall give a reasoned and speaking award / awards.

The arbitration proceedings shall be conducted in English language. The venue of arbitration shall be at Vadodara.

The fees, if any, of the Arbitrator shall, if required to be paid before the award is made and published be paid in equal proportion by each of the parties. Without prejudice to the same, the costs of the reference and of the award including the fees, if any of the Arbitrator shall be in the discretion of the Arbitrator who may direct to and by whom and in what manner, such costs or any part thereof shall be paid may fix or settle the amount of costs to be so paid.

The award of the Arbitrator shall be final and binding on both the parties.

Subject to aforesaid, the provisions of the Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof and the rules made there under, and for the time being in force in India shall apply to the arbitration proceeding under the clause.

2.13 JURISDICTION / GOVERNING LAWS

2.13.1 Jurisdiction: For all disputes arising of this contract, the jurisdiction shall lie with the courts in the city of Vadodara only, in the state of Gujarat (India).

2.13.2 Governing Laws : The contract shall be governed by and constructed according to the laws in force in INDIA.

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2.14 GENERAL

Although details presented in this Bid Document have been compiled with all reasonable care, it is Bidders responsibility to satisfy itself that the information / documents are adequate and that there is no conflict between various documents / stipulations. No dispute or claims will be entertained on this account. Bid proposal preparation is the responsibility of the bidder and no relief or consideration can be given for errors and omissions.

2.15 SUBMISSION COPIES OF CERTIFICATES / DOCUMENTARY PROOFS

Bidders are required to submit copies of all certificates / documentary evidences towards proof of meeting the stated "Bid Eligibility Criteria" as described in clause 2.2 along with the other requisite documents. Non-submission of copies of requisite certificates / documents shall render the bid non- responsive, and shall be liable for rejection.

2.16 PRE-BID MEETING

2.16.1 Bidders desirous of attending the Pre-Bid Meeting must submit authorization letter (Bid Response Sheet No. 7) at the time of Pre-Bid Meeting.

2.16.2 The Bidder is requested to submit any queries on https://www.nprocure.com or https://gipcl.nprocure.com with a copy to (1) [email protected], (2) [email protected] so as to reach GIPCL at least Three (03) days before the pre-bid meeting. These queries shall be replied during the pre-bid meeting.

NOTE :

a) Bidders are requested to fill all Bid Response Sheets and Annexures as enclosed in the Bid Documents. Bidders must sign all the attachments of the Bidding Documents.

b) Bidders may depute their authorized representative to attend the Un-priced Bid Opening-Part I.

c) Any change in bid after the Due Date and Time of Bid-Submission of bid is not allowed. d) Bidders are advised, in their own interest, to ensure that their bids are submitted well

before the Due Date and Time of Bid-Submission of the Bid document. e) Bidders are required to submit their bids along with a covering letter under the firms /

companys letter head specifying the name and designation of the authorized person signing the bid, complete postal address of firm / company, telephone number, fax number, e-mail ID etc.

f) The RFP documents consist of Volume-I : RFP and Volume-II : GCC. The list of approved banks will be as given in Annexure-15 of Volume-I.

Best Regards, For & On Behalf of Gujarat Industries Power Co. Ltd., (S. N. Purohit) Addl. General Manager (O & M)

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SECTION III

PROFILE OF


(GIPCL)

AND

BRIEF ABOUT PILOT PROJECT

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PROFILE OF GIPCL

GIPCL was incorporated in 1985 as Public Limited Company under the auspices of Government of Gujarat. The company is engaged in business of Electrical Power Generation. The total present capacity of Vadodara and Mangrol plants is 815 MW. The company has a vision to transform itself into a national level power sector enterprise. The company is having its registered office at P.O. Petrochemical, Vadodara, Gujarat.

GIPCL is a profit making, dividend paying Company having gross assets and investments of about Rs. 4000 Crores. The Companys financial parameters are strong with sound fundamentals. The Company has just announced its financial result for the F.Y 2014-15 with a post tax profit after tax of Rs.126.31 crores and Profit before tax of Rs.249.43 crores. The present net worth of the company is Rs.1836 crores with a long term debt of Rs.537 crores in the books. The weighted average cost of outstanding term loans borrowed by the Company at present is 10.36%.

It commissioned its first power project; a 145 MW gas based Combined Cycle Power Plant in February, 1992 at Vadodara.

The company expanded its capacity and commissioned 165 MW Naphtha & Gas based Combined Cycle Power Plant at Vadodara in November, 1997 as Independent Power Producer (IPP) with Power Purchase Agreement (PPA) with GUVNL.

It commissioned 250 MW Lignite based Power Plant at Nani Naroli, District Surat in November, 1999 as Independent Power Producer (IPP) with Power Purchase Agreement (PPA) with GUVNL. It also has its own Captive Lignite Mines at Vastan, Mangrol & Valia for Surat Lignite Power Plant.

2 x 125 MW SLPP Phase II has been commissioned in April 2010.

It Commissioned a 5 MW photovoltaic Grid connected Solar Power Station at Vastan Mines of Surat Lignite Power Station in January 2012.

GIPCL has already awarded contract for setting up 51 MW Wind Power Project in the State of Gujarat. As part of its green energy initiative and further step up its wind energy generation portfolio, GIPCL intends to further add up to 250 MW capacity Wind Power Project in the state of Gujarat .

For detailed profile of company and past financial results, bidders may visit our website: www.gipcl.com

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BRIEF ABOUT 2 X1 MWp SOLAR PILOT PROJECT

Ministry of New and Renewable Energy (MNRE) has set ambitious target of 1,00,000 MW Solar

Power by the year 2022. Large Solar Parks require huge land, huge investment in HV/EHV

power Transmission and evacuation networks from such parks. A transformation loss in

stepping up and stepping down voltage again to reach the retail consumers is cost to economy.

Distributed solar generation of 1 MW to 4 MW at single location could be evacuated and directly

distributed through the existing 11 KV networks of the DISCOMS. This will eliminate the cost of

setting up Extra High Voltage (EHV) sub-stations and transmission system and also

transformation and transmission losses of 66 KV and above level will also get avoided.

Distributed Solar Plant requires comparatively smaller area of land but in large numbers

spreading over geographical region. Hence, a novel idea was floated to use the land for

agriculture production also besides solar power generation. By appropriately modifying solar

panel lay out and the design of module mounting structure, agricultural activities can be taken

up beneath solar arrays. As per opinion of agricultural experts, quite a good numbers of crop

can be produce under the solar panel. Hence, if this pilot project is implemented successfully

then it has a huge potential to replicate at many places by involving local farmers. Thus, the

land can be utilized for dual purpose i.e. for Solar Power generation as well as farming. Such

distributed Solar Plant with dual purpose will not only help achieve the target of Solar Power

generation, but also enable the use of the same land for agriculture, which otherwise remains

idle.

With the above objective, GIPCL has been nominated as Implementing Agency for two pilot

projects of 1 MW each at village Amrol, Taluka: Anklav, Dist: Anand in Central Gujarat and at

Village Vastan, Taluka : Mangrol, Dist: Surat, near our SLPP Plant in South Gujarat.

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SECTION IV

SPECIAL CONDITIONS OF CONTRACT

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CONTENTS OF SECTION - IV

Clause No.


4.1 Definitions & Interpretation 31

4.2 General 34

4.3 Document 34

4.4 Scope of Work 35

4.5 Performance Bank Guarantee (PBG) 35

4.6 Completion Schedule and Compensation for Delay 36

4.7 Extension of Time 36

4.8 Payment Terms 36

4.9 Payment Procedure 37

4.10 Rates to be Firm and Inclusive of all Taxes 38

4.11 Tests / Inspection 38

4.12 Defect Liability Period 41

4.13 Guarantee / Warranties 41

4.14 Progress Report & Project Review Meeting 41

4.15 Completion Certificate 42

4.16 Termination 42

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SECTION - IV

SPECIAL CONDITIONS OF CONTRACT (SCC) FOR SUPPLY OF PHOTO VOLTAIC ( PV ) MODULE

4.1 DEFINITIONS & INTERPRETATION

4.1.1 Acts / Codes shall mean, but not limited to the following, including the latest amendments, and/or replacements, if any :- 1. Electricity Act, 2003 with amendments thereto if any. 2. A.I.E.E Test Codes. 3. American Society of Testing of Materials (ASTM Codes). 4. Relevant Standards of the Bureau of Indian Standards (IS Codes). 5. Arbitration and Conciliation Act, 1996 and Rules made there under. 6. Environment (Protection) Act, 1986 and Rules made there under. 7. Other approved Standards and/or Rules and Regulations touching the subject

matter of the Contract. 8. International Electro technical commission(IEC) code 9. IEEE code

4.1.2 Applicable Laws means any statute, law, regulation, ordinance, rule, judgment, order, decree, restriction, directive, governmental authorizations, requirements of Applicable Permits and any agreements, decisions, acts, instructions, requirements, directions and notifications of the competent authority having jurisdiction over the matter in question, whether in effect as of the date of Contract Agreement or thereafter.

4.1.3 ABT shall mean Availability Based Tariff

4.1.4 Bid and Bid Document shall mean RFP Document, the proposal submitted by the Bidder in response to this RFP in accordance with the terms and conditions hereof.

4.1.5 Bidder shall mean the Bidding Entity or the Bidding Consortium which has submitted a proposal, in response to this RFP/ITB to Owner.

4.1.6 Bidding Entity shall mean a single entity, whether a firm or a Company.

4.1.7 BIS shall mean Bureau of Indian Standards.

4.1.8 Bidding Consortium shall mean a consortium of entities, being firms, companies or Government entities which have submitted a proposal in response to this RFP.

4.1.9 CDM shall mean Clean Development Mechanism

4.1.10 Completion Period shall mean the period by / during which the work shall be completed as agreed herein between the Owner and the Contractor.

4.1.11 Completion Certificate shall mean as defined in Clause 4.22 of Section-IV of Vol.-I.

4.1.12 Commissioning Certificate shall mean the certificate issued by State Nodal Agency-GEDA / State Transmission Company, as the case may be, on successful commissioning & interconnection with grid of solar project.

4.1.13 Commercial Operation Date (COD) means the date on which the entire Solar Plant is

synchronized with the Grid system and the system remains in operation thereafter completing the load trial operation successfully.

4.1.14 CUF: Shall mean Capacity Utilization Factor similar to PLF.

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4.1.15 COMPLETION DATE shall mean the date on which the Solar Plant is successfully

commissioned by the Contractor as per scope of work and without any defect and handed over to the GIPCL.

4.1.16 CONTRACT shall mean present bid document, Purchase Order, Work Order, Contract and all attached exhibits and documents referred to therein and all terms and conditions thereof together with any subsequent modifications thereto.

4.1.17 Contractor means the successful bidder who has been awarded the contract by the

Owner for supply and/or erection, commissioning etc. as per terms and conditions of the Contract.

4.1.18 CT means current transformer meant for measurement of current

4.1.19 C&R Panel means relay and control panel.

4.1.20 CEIG means Chief Electrical Inspector of State Government

4.1.21 CRM means Customer Relations Manager

4.1.22 DISCOM means Concerned Distribution Utility of the State. 4.1.23 DGVCL means Dakshin Gujarat Vij Company Limited

4.1.24 Effective Date / Zero Date shall mean the date of issue of Fax / Letter of Intent (LOI).

4.1.25 Engineering, procurement and Construction Contractor (EPC) / Turnkey Contractor shall mean the firm / company or party on whom the Letter of Intent / Work Order for faithful execution of the work mentioned herein is placed and shall include his / her / heirs, legal representatives and successors and permitted assigns.

4.1.26 GEDA means Gujarat Energy Development Agency

4.1.27 GIPCL/OWNER shall mean Gujarat Industries Power Company Limited having its registered office at PO: Petrochemicals 391 346, Dist. Vadodara, Gujarat. India. The term GIPCL includes successor, assigns of GIPCL.

4.1.28 GETCo: shall mean Gujarat Energy Transmission Co Ltd, state transmission utility

4.1.29 Interconnection shall mean the point of connection of Power evacuation system to the nearest DISCOM sub-station or feeder.

4.1.30 GUVNL means Gujarat Urja Vikas Nigam Limited

4.1.31 kW / MW means Kilo Watt / mega Watt.

4.1.32 kWh means Kilowatt Hours 4.1.33 LOA means Letter of Award of Contract to Successful bidder

4.1.34 Metering Point means the point at which the State Power Utility / Electricity Board measures the quantity of energy supplied to its grid.

4.1.35 MGVCL means Madya Gujarat Vij Company Limited 4.1.36 MMS means Module Mounting Structure for Solar PV module

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4.1.37 MNRE means Ministry of New & Renewable energy Sources, Government of India.

4.1.38 NABL means National Accreditation Board for Testing and Calibration Laboratories

4.1.39 Nodal Agency means Renewal Energy Corporation / Agency of the State i.e. GEDA.

4.1.40 NOTC means Nominal Operating Cell Temperature for PV Modules. 4.1.41 NLG means Normal Ground Level

4.1.42 Performance and guarantee tests shall mean all operational checks and tests required to determine and demonstrate capacity, efficiency and operating characteristics as specified in the Contract documents.

4.1.43 PID means Potential Induced Degradation in PV Module

4.1.44 PLC shall mean Programmable Logic Controller

4.1.45 PLF shall mean Plant Load Factor ( Ratio of Generation from solar plant to Rated Capacity ).

4.1.46 Project shall mean the Development, Design, Engineering, Manufacturing, Supply, Procurement and Construction, Testing, Commissioning, Performance Testing of Solar Plant.

4.1.47 Project Life means the operational life of the Power Plant along with all equipments, systems and evacuation facility.

4.1.48 PT means potential transformer meant for measurement of Voltage. 4.1.49 PV means Photo Voltaic

4.1.50 Prudent Utility Practice means accepted international / Indian practice(s) standard (S), engineering and operation considerations, taking into account the conditions prevalent at Site including manufacturers recommendations generally followed in the operation and maintenance of facilities similar to the power plant.

4.1.51 Reactive Power shall mean the Reactive Power drawn from the grid and charged by

the Power utility from the Owner and measured in KVARh.

4.1.52 SCADA shall mean Supervisory Control and Data Acquisition

4.1.53 SEB shall mean State Electricity Board.

4.1.54 SLDC shall mean State Load Dispatch Centre 4.1.55 SLPP means Surat Lignite Power Plant of GIPCL located at Village: Nani

Naroli, Taluka: Mangrol, Dist.: Surat 4.1.56 PBG means Performance Bank Guarantee. 4.1.57 STC means STC is Standard Testing Condition with air mass AM1.5, irradiance

1000W/m2, and cell temperature 25C

4.1.58 SUB-CONTRACT shall mean order placed by the Bidder/contractor for any portion of the contracted work, after necessary consent and approval of GIPCL

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4.1.59 TRANSCO means State Transmission Company or Corporation/ GETCO. 4.1.60 VAR means reactive power. 4.1.61 VCB means Vacuum Circuit Breaker

4.2 GENERAL

4.2.1 Special Conditions of Contract shall be read in conjunction with the General

Conditions of Contract, Scope of Work, Technical Specifications, Drawings and any other document forming part of this contract, wherever the context so requires.

4.2.2 Where any portion of the Special Conditions of Contract (SCC) is repugnant to or

at variance with any provisions of the General Conditions of Contract (GCC), then unless a different intention appears, the provision of the Special Conditions of Contract shall be deemed to over-ride the provisions of the General Conditions of Contract only to the extent such inconsistencies of variations in the SCC as are not possible of being reconciled with the provisions of GCC.

The materials, design and workmanship shall satisfy the applicable Indian / International Codes and Standards, specifications contained herein and codes referred to. Where the Technical Specifications stipulate requirements in addition to those contained in the standard codes and specifications, those additional requirements shall be satisfied. In case of any contradiction in any of the terms and conditions to the extent that the two provisions cannot co-exist, the following shall prevail in order of precedence. i) Contract Agreement ii) Work Order iii) Letter / E-mail of Intent iv) Statement of Agreement Variations v) Instruction to Bidder vi) Special Conditions of Contract vii) Technical Specifications viii) General Conditions of Contract ix) Any other document

4.2.3 Environmental Laws

The performance, rights and obligations under the present contract documents shall be subject to all applicable environment codes, laws, rules and regulations relating to actual or potential effect of the activities on and at the project contemplated by executing this project on the environment, the disposal of material, the discharge of chemicals, gases or other substances or materials into the environment, or the presence of such materials, chemicals, gases or other substances in or on the project site during the course of execution of the present contract.

4.3 DOCUMENT

In this document unless otherwise stated :

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i) The headings and paragraph numbering are for convenience only and shall be ignored in construing the agreement;

ii) The singular includes the plural and vice versa; iii) References to natural persons include body corporate and partnerships; iv) References to any enactment, ordinance or regulation include any amendment

thereto or any replacement in whole or in part; v) References to Articles, Clauses and Schedules, unless the context otherwise

requires, refers to Articles of, Clauses of and Schedules to this document.

4.4 SCOPE OF SUPPLY

The scope of supply and technical specifications covered in this tender shall be as specified under Section-V of Scope of Supply, and as mentioned elsewhere in this Bid document. It is, however, understood and confirmed by the Contractor that the scope as described in the tender document is not limiting in so far as the responsibilities of the Contractor shall include inter-alia, carrying out any and all works and providing any and all facilities those are required in accomplishing an operating system, complying fully with all requirements as are envisaged of it, complete in all respect and satisfying all Performance and guarantee requirements stated or implied from the contents of the tender document.

4.5 PERFORMANCE BANK GUARANTEE (PBG)

4.5.1 The Contractor shall furnish within Three weeks i.e. 21 days of Award of Contract OR Letter of Award, a Performance Bank Guarantee equivalent to 10% (ten percent) of accepted value of the contract.

The validity period of PBG should be for a total period up to 36 (Thirty Six) months after issuance of completion certificate for Project. In case of non-submission of PBG as per format enclosed at Annexure-5 of Volume-I for the above orders and the given timeline for submission of PBG, GIPCL reserves the right to terminate the contract / cancel the LOA without being liable to pay any compensation or incurring any liability in respet of the same and forfeit the EMD amount.

4.5.2 The PBGs for Supply shall be liable to be encashed wholly or partly at the sole

discretion of the Owner, should the Contractor either fail to execute the work within the stipulated period or fail to fulfill the contractual obligations or fail to settle in full his dues to the Owner. In case of premature termination of the contract, the PBG will be encashed and the Owner will be at liberty to recover the loss suffered by it from the Contractor.

4.5.3 The Owner is empowered to recover from the PBG through invocation of PBG for

any sum due and for any other sum that may be fixed by the Owner as being the amount or loss or losses or damages suffered by it due to delay in Performance and/or non-performance and / or partial performance of any of the conditions of the contract and / or non-performance of guarantee obligations.

4.5.4 No interest is payable on PBG amount. 4.5.5 In the event of full PBG is being encashed, the Owner at its discretion and

without prejudice to its any other rights, can terminate the contract.

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4.6 COMPLETION SCHEDULE AND COMPENSATION FOR DELAY

4.6.1 Completion time is the essence of the Contract and the same shall be firm and binding. The Bidder shall supply all the material as per scope of work within maximum 10 weeks from the date of award of LOA or Contract whichever is earlier.

In case the material is not supplied within the stipulated time period from the date

of issuance of LOA and the delay is not due to force majeure or due to owners default then the contractor shall pay the owner compensation for delay for the a sum at the rate of 2.0% (two percent) per week of delay subject to a maximum of 10% (ten percent) of the contract value The ascertainment of the cause of the delay shall be done by the AGM (SLPP) / AGM (O&M) and his decision in this regard shall be final. The decision of the Owner / Engineer-in-Charge in regard to the amount to be recovered from the Contractor will be final and binding on the Contractor. Liability on account of Liquidated Damages as per clause for completion schedule and compensation for Delay as per RFP shall be maximum 10% as mentioned above. Bidder is liable to pay compensation over and above Liquidated damages for shortfall in performance, guarantee /warrantee /defects etc., which are applicable as per terms of RFP.

4.6.2 The said right of the Owner to levy damages on account of delay shall be without prejudice to and in addition to the right of the Owner to get the concerned work done from a third party at the complete risk and cost of the Contractor.

4.6.3 The Bidder shall indicate duration of all the activities in activity chart in conformity with the overall schedule of the completion of project. Bidder shall submit the activity chart in form of Bar Chart which shall be discussed and finalized and shall be a part of Contract.

4.6.4 Any strike / lockouts at works or site of Bidder or his sub-supplier/sub-contractor shall not be considered as force majeure condition.

4.7 EXTENSION OF TIME

4.7.1 Failure or any delay by the Owner due to any cause whatsoever, shall in no way effect or vitiate the contract or alter the character thereof or entitle the Contractor to damages or compensation hereof provided that the Owner may extend the time for completion of the work by such period as it may consider necessary or proper.

4.7.2 If the Contractor shall desire an extension of the time for completion of the work on the grounds of his having been unavoidably hindered in its execution or the work has been materially increased by Owner or other such grounds, he shall apply in writing to the Engineer In-charge within 10 (ten) days of the date of occurrence of event on account of which he desires, such extension as aforesaid, and the Engineer In-charge shall, if in his opinion (which shall be final) reasonable grounds have been shown thereof, authorizes such extension of time as may be, in his opinion be necessary or proper. Whenever such extension is granted by the Engineer In-charge, this would be without prejudice to the Owners right under this contract.

4.8 PAYMENT TERMS

Terms of payment shall be as per following for this contract.

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( 1 ) 10% of Ex-work price component as interest free initial advance shall be payable

against fulfillment of the following by the Bidder.

(i) Acceptance of Letter Of Intent (LOI). (ii) Submission of an unconditional Bank Guarantee covering the advance

amount in favour of GIPCL. (iii) Submission of Performance Guarantee (PBG) in the form of Bank

Guarantee for an amount equivalent to 10 % of the Contract Price valid for 36 months. The validity of PBG shall be suitably extended for 36 months from actual date of supply in case of delay in contractual delivery period.

( 2 ) 75 % of total contract value shall be paid within 30 days of receipt of all the

materials at site in full quantity as per scope work and inspection / testing as per Clause 4.11 of this section.

( 3 ) 5 % of total contract value shall be paid within 30 days against fulfillment of the following by the contractor:

(i) After obtaining the completion certificate from Owner. (ii) After verification of Performance Bank Guarantee (PBG) per Clause 1 (iii) above

including extension of validity if applicable. (iii) After submitting undertaking to honour warrantee / guarantee for the period of 25

years. ( 4 ) Balance 10 % of total contract value shall be paid after COD ( Commercial

Operation Date ) of Solar plant Above amount may be released against progressive payment of invoices by the Contractor and each invoice shall be for not less than 10% of the Contract Price. The progressive payment invoice shall be honoured by Company only upon verification that the PV Modules of equivalent amount have been delivered by the Contractor. Note : 1. Bidder should note that change in payment terms shall not be accepted by GIPCL. 2. Payment will be released within 30 days from the date of receipt of the Invoice with all

necessary required documents. 3. Payment shall be released in the above mentioned manner after furnishing of

Performance Bank Guarantee by the successful bidder and on signing of Contract Agreement.

4.9 PAYMENT PROCEDURE

Bidder shall submit RA Bills / Final Bill for claim in three copies to OWNER. Separate invoices shall be submitted for each site to the respective controlling officer. After verification and recommendation, the OWNER shall process verified bills for release of payment. All payments shall be released in 30 (Thirty) days by A/c payee cheque from date of submission of clear invoice with required all supporting documents, which shall be finalized at the time of issuance of order to the successful bidder. In case Contractor fails to submit the invoice with all the required documents to process payments, Owner reserves the right to hold the payment of Contractor against such bills. The Contractor shall include all his claims in the Final Bill submitted by him and accordingly the final bill submitted by the Contractor shall be deemed to be inclusive of

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all and whatsoever the claims that the Contractor may have from GIPCL. The Contractor shall not be entitled to claim any amounts which are not mentioned in the Final Bill and the Contractor shall be deemed to have waived any claims not mentioned in the Final Bill and shall not be entitled to recover the same from GIPCL subsequent to the submission of the Final Bill on any account and GIPCL shall stand absolved of all its liabilities in respect of any such claims not raised by the Contractor in his Final Bill.

4.10 RATES TO BE FIRM AND INCLUSIVE OF ALL TAXES

4.10.1 The rates quoted by the Contractor shall remain firm inclusive of all taxes and

binding throughout the contract period and till completion of the project in all respect. The rates shall not be subject to any escalation. Rates shall be deemed to include and cover all costs, expenses, profits, taxes, duties, levies, royalties, foreign exchange variation etc., and liabilities of every description and all risks associated in execution, completing and handing over the work to the Owner by the Contractor. However, any statutory changes in taxes / duties / levies will be to GIPCLs account. Further any benefits due to statutory changes in taxes / duties / levies shall be passed to GIPCL. Sales tax shall be charged at concessional rate. Owner will provide Form C to this effect. The Owner shall deduct income tax, works contract tax /VAT or any other similar tax as applicable on works contract as per the prevailing rates from the bills of the Contractor. Owner shall not be responsible for any liability on this account on the Contractor in respect of this contract and exclusion of any applicable taxes at prescribed rates due to ignorance or otherwise shall not form a reason for claiming anything extra at a later date.

4.10.2 Any subsidies, deduction to promote Renewable energy passed by Government

of Gujarat/Statutory bodies or Government of India shall be directly passed to Owner during contract period.

4.10.3 The quoted rates shall be deemed to include for everything mentioned in the

specifications, all leads & lifts, contractors overheads & profits for due performance of the work under this contract and such other costs that are not specifically mentioned herein but will be incurred by the contractor for the satisfactory and timely completion of the work. The rates shall also include cost for mobilization / demobilization of equipments, materials, manpower, etc.

4.10.4 The rates shall be firm for entire contract period and also during extension

period, if required, and shall not be subject to any escalation in any prices, idle charges for labour, machinery, overhead expenses, loss of profit etc. due to non issue of work permit or due to not handing over of front or for any reason whatsoever or on account of delay in completion of the work for any other reason. Price escalation and/or idle charges shall not be entertained or allowed due to any reason whatsoever.

4.11 TESTS / INSPECTION

4.11.1 Contractor shall offer inspection and testing to measure the performance and quality of the solar photovoltaic modules as per following. 1. GIPCL may depute its Engineer or representative or hire an agency for

Third-Party Inspection, for pre-dispatch inspection at the manufacturing

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facility of the Contractor as per latest edition of IEC 61215, IEC 61730,

IEC 61701 and any other applicable standard. Samples for testing shall

be drawn randomly in presence of GIPCL/ inspecting agency from the lot

offered for inspection.

2. Upon delivery of the photovoltaic modules on site, they shall be sampled

randomly and tested for performance through an MNRE approved testing

agency assigned by the Company. The result of such testing agency shall

be binding to both the parties and shall be considered final performance

measurement report for the guarantee / warrantee conditions of this

contract.

In case of underperformance or rejection of the photovoltaic modules

during above inspection or during operational life time of project, the

GIPCL shall notify the Contractor of such underperformance or rejection

by email or in writing.

3. Consecutively, Contractor shall immediately replace such PV modules by

supplying a new photovoltaic module of similar specification conforming

to the required performance criteria and warranty to the Company within a

period of 10 days from the date of intimation by email or written notice.

4. Upon receipt of the new module by the Company, the Company shall

then dispatch the rejected/defective photovoltaic module to the Contractor

at his cost.

5. The cost of transportation of the modules from the Supplier to the site of

the Company, and return shall be borne by the Contractor.

6. This initiation of supply of the photovoltaic modules by the Contractor to

the Company is to ensure modules of full capacity onsite all the time in

case the PV power plant needs to be commissioned immediately. The

cost for replacement of modules shall be borne by Contractor.

7. Liquidated damages clause shall apply to any delay in replacement of

defective modules which affect the generation from the solar plant.

8. Definition of Performance Ratio: The Performance-Ratio (PR) is a

measure of the quality of a PV plant that is independent of location and

insolation (insolation is a technical term to quantify the power in solar

irradiation), and therefore, often described as a quality factor. The

Performance-Ratio is stated as percent and describes the relationship

between the actual and nominal energy outputs. It thus shows the

proportion of the energy that is actually available for export to the grid

after deduction of energy loss (e.g. due to thermal losses and conduction

losses).

9. The procedure for performance monitoring shall be as per the standard

IEC 61724 Photovoltaic System Performance Monitoring: Guidelines for

measurement, data exchange and analysis.

10. The performance of the complete plant shall be demonstrated by GIPCL at the time of PG test. PV Module Contractors representative shall also be deputed to witness the test. PV modules, the main source for power generation, performance shall be checked during PG test and the Performance ratio of the complete plant shall be minimum 78%.

4.11.2 All items shall be inspected and tested by Owner / Owners representative or

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through third party inspection agency during manufacture and in assembled condition prior to dispatch in accordance with the standard practice / QAP of the manufacturer and applicable Standards at no cost to GIPCL. Copies of test certificates for such inspections in triplicate shall be submitted before dispatch of the PV Modules for review and approval of Owner. Material Dispatch clearance certificate shall be obtained from Owner before dispatching the material from works.

4.11.3 After the award of work, the successful bidder shall furnish a complete list and details of all tests to be conducted including above mentioned inspections.

4.11.4 The bidder shall also furnish a schedule of inspection / testing so that Owner may

appoint/associate his representative to witness the tests. The Contractor shall also furnish copies of all test / inspection reports for records and reference of Owner.

4.11.5 Owner may depute its personnel or authorized representative or consultant for

witnessing testing of PV Modules at manufacturers works. The bidder shall make all the required arrangements for such testing at its work and extend full co-operation for inspection. In case inspection has to be carried out by third party inspection agency, Owner's Dispatch Clearance shall be required unless prior authorization in writing by OWNER to Bidder to accept Third Party Dispatch clearance is issued.

4.11.6 Contractor shall arrange and extend necessary cooperation for effectively carrying out inspection / testing. However, this shall not absolve the responsibility of the Contractor in providing the performance guarantee / warrantee.

4.11.7 The scope of inspection shall also include review of manufacturing / fabrication procedures, QA / QC plans, review of Non Conformance Report (NCR) issued by the Contractor during fabrication stage, review of documents, inspection including Quality Assurance Plan during manufacturing / fabrication activities.

4.11.8 All the standard tests in accordance with the Standards adopted shall be carried out so as to ensure efficient operation and satisfactory performance of all the component / parts.

4.11.9 Any special test to be performed shall be mutually agreed upon between the Bidder and Owne