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Section III PDF
Section III PDF
The following bid specific data for the Plant & Equipment to be procured, shall
amend and/or supplement the provisions in the Instructions to Bidders (ITB).
Whenever there is a conflict, the provisions herein shall prevail over those in
the ITB.
1.0 The „Terms and Conditions of Reverse Bidding will be as per ITB
Clause 1.0 (f).
https://pspcl.abcprocure.com
A. INTRODUCTION
1.1
Name of the Project:
Flue Gas Desulphurization (FGD) System for 2x210 MW & 2x250 MW GHTP,
Lehra Mohabat Units.
The prospective Bidder or his authorised representative, who has received the
Bidding Documents, is invited to attend 'Pre- Bid Conference', which will take
place at the following address:
Contact : 0164-2756434,
Mobile No. : 96461-17606, 96461-55599
E-mail : xen-fgd-ghtp@pspcl.in
Record Notes of the conference including the text of the questions raised and
responses given will be transmitted without delay to all participating Bidders. Any
modifications of the Bidding Documents which may become necessary as a
result of the Pre-Bid Conference shall be made by the Owner exclusively
through an amendment to be issued through “corrigendum” on tendering
website.
Non attendance at the Pre-Bid Conference will not be a cause for disqualification
of a bidder. However bidders are requested to watch the tendering website
regularly for any such amendments if any. Bidder will solely be responsible for
incorporating the changes in his bid in regards to such amendments.
2.1 Bidder is advised to inspect the site and examine and obtain all the information
required and satisfy himself regarding all matters and things before submission of
his bid such as, whether any existing access to the site is available and suitability
for transportation of his equipment/material and extend maintenance of required
to keep it into a serviceable condition.
The bidder shall have the sole obligation to satisfy himself before submitting his
bid as to the form and nature of the site, the quantities and the nature of the
works, materials and resources necessary for the completion of the works and
the means of access to the site, the accommodation he may require, availability
of local labour, availability rates of material available, local weather conditions
and uncertainty of weather/obstructions and hindrances that may arise and to
obtain all necessary information as to risks, contingencies, all applicable laws and
regulations and other circumstances which may influence or affect his bid. No
extension in time and compensation in rates will be provided due to reasons
attributed to site condition stated above.
The Bidder and any of his authorized personnel or agents will be granted
permission by the Owner, to enter upon his premises and lands for the purpose
of such inspection, but only upon the express condition that the Bidder, his
personnel or agents, will release and indemnify the Owner, and his personnel
and agents, from against all liability in respect thereof and will be responsible for
personnel injury (whether fatal or otherwise), loss of or damage to property and
any other loss, damage, costs and expenses however caused, which, but for the
exercise of such permission would not have arisen.
iii) Part-III Bid- Price bid (Schedule 1, 2, 3&4 through online only) and
Envelop-III: Schedule 5, 6, 7, Annexure 1&2 and Attachments to
price bid(hard copy)
In the Techno -Commercial Bid, documents in physical form as per ITB clause 15
shall be enclosed and duly marked. Techno-Commercial Bid will be submitted in
triplicate. In addition to this one soft copy (duly password protected & password
will be enclosed in a sealed cover) will be submitted, which will be opened on the
date of opening of techno-commercial bid
Attachments as per clause no. 8.1 of ITB are to be attached with the bid
documents.
The Bidder should meet the qualifying requirements stipulated in any one of the
qualifying routes i.e Route-1 (clause3.1.1.0) or Route-2 (clause 3.1.2.0) or
Route-3 (clause 3.1.3.0) or Route-4 (clause 3.1.4.0) including requirements
stipulated in sub clauses of respective Route. In addition, the Bidder should also
meet the requirements stipulated under clause 3.2.0.0 together with the
requirements stipulated under section ITB.
3.1.1.0 Route-1: Qualified Wet Limestone based Flue Gas Desulphurisation (FGD)
System Manufacturer (QFGDM)
3.1.2.2 Bidder should also have a valid ongoing collaboration and technology transfer
agreement with a QFGDM meeting requirements of clause 3.1.1.1 on its own,
valid minimum up to the end of the defect liability period of the contract. In such a
case Bidder can either source the FGD System from such manufacturer or
manufacture/get manufactured the FGD System as per the design and
manufacturing drawings of such QFGDM.
3.1.2.3 The Bidder shall furnish a Deed of Joint Undertaking (DJU) executed by it and the
QFGDM, in which the executants of DJU shall be jointly and severally liable to the
Owner for successful performance of the FGD System as per format enclosed
with the bidding documents. The DJU shall be submitted along with techno-
commercial bid, failing which the Bidder shall be disqualified and its bid shall be
rejected.
b) The Bidder shall be a Joint Venture (JV) Company incorporated in India under
the Companies Act of India, as on the date of techno-commercial bid opening,
promoted by (i) an Indian Company registered in India under the Companies Act
of India and (ii) a Steam Generator Manufacturer meeting requirements of
clause 3.1.3.1(a) or a QFGDM meeting requirements of clause 3.1.1.1, created
for the purpose of manufacturing/supplying in India steam generator sets/Flue
Gas Desulphurisation System. The Steam Generator Manufacturer/QFGDM
shall maintain a minimum equity participation of 26% in the JV Company for a
lock-in period of 7 years from the date of incorporation of JV Company and one
of the promoters shall be a majority stakeholder who shall maintain a minimum
equity participation of 51% in the JV Company for a lock in period of 7 years
from the date of incorporation of JV Company or up to the end of defect liability
period of the contract whichever is later. Further, Bidder should have executed
order(s), during the last 5 years, with the total value of such project(s) being INR
5,000 million or more as on the date of Techno-commercial bid opening.
Alternatively
Bidder should also have a valid ongoing collaboration and technology transfer
3.1.3.2 agreement with a QFGDM meeting requirements of clause 3.1.1.1, valid minimum
up to the end of the defect liability period of the contract. In such a case Bidder
can either source the FGD System from such manufacturer or manufacture/get
manufactured the FGD System as per the design and manufacturing drawings of
such QFGDM.
The Bidder shall furnish a Deed of Joint Undertaking (DJU) executed by it, the
3.1.3.3 promoter(s) having 25% or higher equity participation in the Subsidiary Company
/JV Company (as the case may be) and the QFGDM, in which the executants of
DJU shall be jointly and severally liable to the Owner for successful performance
of the FGD System as per format enclosed with the bidding documents. The DJU
shall be submitted along with techno-commercial bid, failing which the Bidder shall
be disqualified and its bid shall be rejected.
3.1.4.2 Bidder should also have a valid ongoing collaboration and technology transfer
agreement with a QFGDM meeting requirements of clause 3.1.1.1, valid
minimum up to the end of the defect liability period of the contract. In such a case
Bidder can either source the FGD System from such manufacturer or
manufacture/get manufactured the FGD System as per the design and
manufacturing drawings released by such QFGDM.
3.1.4.3 The Bidder shall furnish a Deed of Joint Undertaking (DJU) executed by it and
the QFGDM, in which the executants of DJU shall be jointly and severally liable
to the Owner for successful performance of the FGD System as per format
enclosed with the bidding documents. The DJU shall be submitted along with
techno-commercial bid, failing which the Bidder shall be disqualified and its bid
shall be rejected.
1) Definitions
2) Erection/Commissioning
3) Direct/Indirect order
The Bidder/ QFGDM shall also be considered qualified, in case the award for
executing the reference works has been received by the Bidder/ QFGDM either
directly from owner of plant or any other intermediary organization. However, a
certificate from such owner of plant or any other intermediary organisation shall be
required to be furnished by the Bidder along with its Techno-Commercial bid in
support of the Bidder's/ QFGDM claim of meeting the qualification requirement
as per clause 3.1.1.1, 3.1.2.1, 3.1.3.1(a) & 3.1.4.1 above. Further, certificate from
owner of the plant shall also be furnished by the Bidder along with the Techno-
Commercial bid for the successful operation as specified at clause 3.1.1.1,
3.1.2.1, 3.1.3.1(a) & 3.1.4.1 above.
(i) A Holding Company, singularly or collectively along with its Subsidiaries (held
either directly or indirectly), meeting the requirements of clause 3.1.1.1 above
shall also be considered as QFGDM.
(ii) In such a case, if the Holding Company itself is not the Bidder as a QFGDM,
the Holding Company and all such subsidiaries lending strength / experience
to the Holding Company for meeting the requirements of clause 3.1.1.1
above should necessarily be part of the DJU being submitted by the Bidder
for successful performance of the FGD System as per format enclosed with
the bidding documents, failing which the bidder shall be disqualified and its
bid rejected. Further, the Holding Company and all such entities lending
strength / experience to the Holding Company for meeting the requirements
of clause 3.1.1.1 above shall each be required to furnish separate on
demand bank guarantees as per the format enclosed with the bidding
documents for an amount aggregating 2 % of the total contract price of the
Flue Gas Desulphurisation System Package for the awarded project divided
equally among them, in addition to the contract performance security to be
furnished by the Bidder. This bank guarantee requirement shall supersede
bank guarantee requirement stipulated at clause 3.1.2.4, 3.1.3.4 & 3.1.4.4 for
the QFGDM.
(iii) In case the Holding Company itself is the Bidder as a QFGDM as per clause
3.1.1.1, the Holding Company shall submit its board resolution stating that in
case of any likely change of management control of any of these subsidiaries
lending strength / experience to the Holding Company for meeting the
requirements of clause 3.1.1.1 above , the Bidder shall arrange for separate
on demand bank guarantees as per the format enclosed with the bidding
documents from all such entities lending strength / experience to the Holding
Company for fulfillment of requirement of clause 3.1.1.1, above for an
amount aggregating 2 % of the total contract price of the Flue Gas
Desulphurisation System Package for the awarded project divided equally
among them, in addition to the contract performance security to be furnished
by the Bidder before the change in management control actually occurs.
The bidder shall have a technology transfer agreement as on the date of Techno-
commercial bid opening between the Bidder & QFGDM which shall necessarily
cover transfer of technological knowhow for Wet Limestone based Flue Gas
Desulphurisation System, in the form of complete transfer of design dossier,
design softwares, drawings and documentation, quality system manuals and
imparting relevant personnel training to the Bidder.
3.2.1.1 The average annual turnover of the Bidder, in the preceding three (3) financial
years as on the date of Techno-Commercial bid opening, should not be less than
INR 2299 Million (Indian Rupees Two Thousand Two Hundred ninety nine Million
only).
In case a Bidder does not satisfy the average annual turnover criteria, stipulated
above on its own, its Holding Company would be required to meet the stipulated
turnover requirements as above, provided that the Net Worth of such Holding
Company as on the last day of the preceding financial year is at least equal to or
more than the paid-up share capital of the Holding Company. In such an event,
the Bidder would be required to furnish along with its Techno-Commercial bid, a
Letter of Undertaking from the Holding Company, supported by the Holding
Company’s Board Resolution, as per the format enclosed in the bid documents,
pledging unconditional and irrevocable financial support for the execution of the
Contract by the Bidder in case of award.
3.2.1.2 Net worth of the bidder should not be less than 100% (hundred percent) of its
paid up share capital as on the last day of the preceding financial year on the
date of Techno-commercial bid opening. In case the Bidder does not meet the
Net worth criteria on its own, it can meet the requirement of Net worth based on
the strength of its Subsidiary (ies) and/or Holding Company and/or Subsidiaries
of its Holding company wherever applicable. In such a case, however the Net
worth of the Bidder and its Subsidiary(ies) and/or Holding Company and/or
Subsidiary(ies) of the Holding Company, in combined manner should not be less
than 100% (hundred percent) of their total paid up share capital. However
individually, their Net worth should not be less than 75% (seventy five percent) of
their respective paid up share capitals.
Where X1, X2, X3 are individual Net worth which should not be less than 75% of
the respective paid up share capitals and Y1,Y2,Y3 are individual paid up share
capitals.
1) Bidder will submit Audited financial statements for last three financial years.
2) Annual average turnover and net worth certificate (in derived form) duly certified by
practicing Chartered Accountant in Indian Rupees.
In case the Bidder is not able to furnish its audited financial statements on
standalone entity basis, the unaudited unconsolidated financial statements of
3.2.1.3 the Bidder can be considered acceptable provided the Bidder further furnishes
the following documents for substantiation of its qualification:
ii) A Certificate from the CEO/CFO of the Holding Company, as per the format
enclosed with the bidding documents, stating that the unaudited
unconsolidated financial statements form part of the consolidated financial
statements of the Holding Company.
In cases where audited results for the last financial year as on the date of Techno
Commercial bid opening are not available, the financial results certified by a
practicing Chartered Accountant shall be considered acceptable. In case, Bidder
is not able to submit the Certificate from a practicing Chartered Accountant
certifying its financial parameters, the audited results of three consecutive
financial years preceding the last financial year shall be considered for evaluating
the financial parameters. Further, a Certificate would be required from the
CEO/CFO as per the format enclosed in the bidding documents stating that the
Financial results of the Company are under audit as on the date of Techno-
commercial bid opening and the Certificate from the practicing Chartered
Accountant certifying the financial parameters is not available.
3.2.2.1 The average annual turnover of the Collaborator/Associate, in the preceding three
(3) financial years as on the date of Techno-Commercial bid opening, should not
be less than INR 230 Million (Indian Rupees Two Hundred Thirty Million only).
3.2.2.2 Net worth of the Collaborator/Associate should not be less than 100% (hundred
percent) of its paid up share capital as on the last day of the preceding financial
year on the date of Techno-commercial bid opening. In case the Collaborator/
Associate does not meet the Net worth criteria on its own, it can meet the
requirement of Net worth based on the strength of its Subsidiary (ies) and/or
Holding Company and/or Subsidiaries of its Holding company wherever
applicable. In such a case, however the Net worth of the Collaborator/Associate
and its Subsidiary(ies) and/or Holding Company and/or Subsidiary(ies) of the
Holding Company, in combined manner should not be less than 100% (hundred
percent) of their total paid up share capital. However individually, their Net worth
should not be less than 75% (seventy five percent) of their respective paid up
share capitals.
Where X1, X2, X3 are individual Net worth which should not be less than 75% of
the respective paid up share capitals and Y1,Y2,Y3 are individual paid up share
capitals.
1) Bidder will submit Audited financial statements for last three financial
years.
2) Annual average turnover and net worth certificate (in derived form) duly
certified by practicing Chartered Accountant in Indian Rupees.
3.2.2.3 In case the Collaborator/Associate is not able to furnish its audited financial
statements on standalone entity basis, the unaudited unconsolidated financial
statements of the Collaborator/Associate can be considered acceptable provided
the Collaborator/Associate further furnishes the following documents for
substantiation of its qualification:
ii) A Certificate from the CEO/CFO of the Holding Company, as per the format
enclosed with the bidding documents, stating that the unaudited
unconsolidated financial statements form part of the consolidated financial
statements of the Holding Company.
In cases where audited results for the last financial year as on the date of Techno
Commercial bid opening are not available, the financial results certified by a
practicing Chartered Accountant shall be considered acceptable. In case,
Collaborator/Associate is not able to submit the Certificate from a practicing
Chartered Accountant certifying its financial parameters, the audited results of
three consecutive financial years preceding the last financial year shall be
considered for evaluating the financial parameters. Further, a Certificate would
be required from the CEO/CFO as per the format enclosed in the bidding
documents stating that the Financial results of the Company are under audit as
on the date of Techno-commercial bid opening and the Certificate from the
practicing Chartered Accountant certifying the financial parameters is not
available.
i) Net worth means the sum total of the paid up share capital and free
reserves. Free reserve means all reserves credited out of the profits and
share premium account but does not include reserves credited out of the
revaluation of the assets, write back of depreciation provision and
amalgamation. Further any debit balance of Profit and Loss account and
miscellaneous expenses to the extent not adjusted or written off, if any,
shall be reduced from reserves and surplus.
ii) Other income shall not be considered for arriving at annual turnover.
iii) “Holding Company” and “Subsidiary Company” shall have the meaning
ascribed to them as per Companies Act of India.
iv) For annual Turnover indicated in foreign currency, the exchange rate of
State Bank of India as on 31.3.2019 shall be used.
3.5.0 Bids not meeting the requirements as stated above shall be rejected.
3.6.0 Bidders are required to furnish the details of the past experiences based on
which selection is to be made as per format enclosed in the bidding
documents for the same and enclose relevant documents like copies of
authentic work order, completion certificate, agreements etc. supporting the
details/data provided in the format. No claims without supporting documents
shall be accepted in this regard.
3.7.0 The Owner also reserves the right to assess the capacity and capability of the
bidder/collaborator to satisfactory execute the contract. Such assessment may
include but not limited to the evaluation of adequacy of facilities services,
resources, design/engineering capacity & financial capability.
3.8.0 The reference plants whose details have been declared as per the specified
format in the relevant Attachments shall only be considered to ascertain the
bidder's compliance to the specified Qualifying Requirement (QR). Bidders
wishing to provide additional reference plants are required to declare the
same in similar format, which shall be additionally attached. However, bidders are
not permitted to quote more than Three times the number of plants as
specified in the Qualifying Requirements for this purpose.
The Owner at its discretion may seek any clarification and/ or documentary
evidence only for the reference plants as mentioned above. However, no
change or substitution of the reference plants by new/additional plant for
conforming to the specified Qualifying Requirement shall be sought,
offered or permitted.
Period of Validity of Bid Security: validity of bid security shall be three year
from the date of bid opening extendable further as per requirement on yearly
basis.
4.1.0
-deleted-.
4.2.0
As an alternative to clause 4.0.0 above, the Bidders at their option may also
submit the Bid Security amount through online transfer of money through Net
Banking or through Demand Draft in favour of AO/O&M, GHTP, Lehra
Mohabat payable at State Bank of India (IFSC-SBIN0050840), Lehra Mohabat
or any other scheduled bank payable at Rampura Phul, Distt. Bathinda.
While issuing the physical BGs, the Bidder’s Bank shall also send electronic
message through secure SFMS to Owner’s Beneficiary Bank whose details are
provided herein below:
Request for any clarification sought on the Bidding Documents or any other
communication relating to this bid shall be addressed to the address given
below at clause 6.0.0.
Contact : 0164-2756434,
Mobile No. : 96461-17606, 96461-55599
E-mail : xen-fgd-ghtp@pspcl.in
Note: All communication should bear the Bidding document Number i.e.
“PSPCL/CW-CC-9971-109”.
7.0.0. Deadline for Bid Submission - As stated in the IFB and amendment, if any/Any
subsequent communication from the Owner. All amendments and extensions
will be issued through corrigendum on E-tendering website. Bidders are
requested to regularly check the website
8.1.0 Reverse Bidding shall be carried out on the quoted prices will be carried out as
per Clause-1.0.0 (f) of ITB . Further, PSPLC reserve the right to negotiate
with the L-1 bidder.
10.1.0 Work order will be placed on the successful bidder for this work. Day 1 for
completion of work will start from the 31st day after the date of award of
contract (As initial 30 days will be provided as mobilization period from the date
of award of contract).
Time to complete the facilities from the date of Award of Contact (i.e. work
order) will be as under.
The programme for furnishing and erecting (including testing and putting into
satisfactory operation) the Plant and Equipment covered in the Contract shall be
as per following schedule:
The schedule given above is for Unit #1 and common facilities. The
activities specific to subsequent Units shall be phased at an interval of 2
months, except for engineering activities which shall be completed along
with Unit #1.
Supply of mandatory spares needs to be ensured along with respective
main equipment.
Paddy Season (15thJune to 30th September) is peak load season for
PSPCL during which no shutdown of the units can be allowed, so
contractor should plan connections/interfacing to the existing
facilities during the Lean period only, beyond above period. No
relaxation in completion period will be allowed on this account.
10.2.0 Unit wise Schedule for COF for FGD System Projects
The bidder shall also be required to submit a brief integrated PERT Chart
matching with the above work schedule. All major activities should be covered
in the PERT chart and following milestone competition date might will be
provided.
1. Ordering on sub vendor (wherever applicable)
2. Start of engineering
3. Completion of engineering
4. Start of manufacturing/fabrication
5. Completion of manufacturing/fabrication
8. Commencement of dispatch
9. Completion of dispatch
10.3.0 The key milestone dates will be discussed with the successful Bidder and
agreed upon before the issue of Award of Contract. Engineering Drawings
and Data Submission Schedule shall also be discussed and finalised before
the issue of Award of Contract.
10.4.0 After the Award of Contract, the contractor shall plan the sequence of work of
manufacture, supply and erection to meet the above stated dates of successful
completion of facilities and shall ensure all work, manufacture, shop testing,
inspection and shipment of the equipment in accordance with the required
construction / erection sequence.
11.0.0 Bidders to apprise themselves with procedure of Reverse Bidding and Rules for
Reverse Bidding as per Bidding Documents before quoting their prices.
12.0.0 In the Schedules, Bidders shall give the required details and a break up of their
prices as per ITB clause 10.5
13.0.0 Prices quoted by the bidders will be FIRM during the contract period.
Reverse bidding applicable as per Clause 1.0.0 (f) of ITB. Also PSPCL reserve
the right to negotiate with the L-1 Bidder arrived after reverse bidding.
The comparison shall be on the basis of F.O.R Site Price of Plant and Equipment
including Type Test Charges and Mandatory Spares, such price to include all
costs as well as duties and taxes paid or payable on components and raw
materials incorporated or to be incorporated in the Plant and Equipment including
Mandatory Spares, inclusive of the cost of Local Transportation, Insurance
Covers, all Installation Services required under the Contract, plus the Goods and
Services Tax (GST) specified by the Bidder in its Bid (applicable on goods and
services quoted in respective Schedules).
The Owner's evaluation of a bid will take into account the bid prices indicated in
Price Schedules-1, 2 & 3, and the corrections pursuant to clause-25.2.0 of ITB.
Reverse Bidding will be started immediately after opening the price bid and total
cost represented in Schedule-4 will be considered as bid price on the basis of
this reverse bidding will be done to finally arrive at the L-1 Bidder. PSPCL further
reserve the right to negotiate with L-I bidder decided after L-1 Bidder.