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General - Section & Section-I PDF
General - Section & Section-I PDF
CONSULTANT
NTPC Limited
(A Government of India Enterprise)
(This document is meant for the exclusive purpose of bidding against this Package and shall not be
transferred, reproduced or otherwise used for purposes other than that for which it is specifically
issued).
Note : The terms EXW, CIF, etc. shall be governed by prescribed in the
current edition of INCOTERMS, Published by international chambers
of commerce, 38, CoursAtbert 1er. 75008, Paris, France.
DEFINITIONS:
i) "Act" means The Electricity Act, 2003 (Act No 36 of 2003, Dated 2.6.2003)
and shall include any statutory amendment, modification or reenactment
thereof the time being in force.
iii) Whenever the term 'Coal Fired' is appearing above, "Coal" shall be deemed to
also include bituminous coal/brown coal/ anthracite coal/lignite.
iv) "Corporation" means the Punjab State Power Corporation Limited formed
and registered under Companies Act, 1956.
xv) “Contract Price" shall mean either the lump sum amount named in contract or
total of all payments estimated as per Unit Prices & Quantities set-forth in the
contract/work order, which are to be paid to the contractor for the work to be
done under the contract/work order.
xvi) “Contract Period” shall mean the period during which the work shall be
executed as agreed between Vendor/Contractor/Fabricator and Contracting
Agency in the contract including extensions, if any, granted by the competent
authority
xix) "Contracting Agency" means an officer of PSPCL, who invites tenders for
execution of works/ services.
xxi) “Date of Completion” Date of Completion means the date or dates for
completion of whole or any part of the work as set out in or ascertained in
accordance with the individual work order or the tender document or any
subsequent agreed amendments thereto.
xxii) “Date of award of Contract” shall mean the date of issue of the work order.
xxiii) “Defect Liability Period” means the period of validity of the warranties given
by the Contractor commencing at Completion of the Facilities or a part
thereof, during which the Contractor is responsible for defects with respect to
the Facilities (or the relevant part thereof) as provided in GCC Clause 27
(Defect Liability) hereof.
xxv) "Directors”
. means Directors of PSPCL duly appointed by Government of
Punjab under pursuant to provisions of Companies Act and Articles of
Association.
xxvi) “Drawing”
. means the drawings, plans and tracing or prints thereof referred to
in the specifications and/or appended with the tender documents, any
modification of such drawings approved in writing by the Engineer-in-charge
including drawings issued for actual construction of the works from time to time
by the Engineer-in-charge.
xxviii) “Effective Date” means the date from which the Time for Completion shall be
determined as stated in Clause-22.1.0 (e) of ITB (Effective Date for
Determining Time for Completion) of the Form of Contract Agreement.
xxx) “Executed” in Clause 1.3.1 (b)/ Clause 1.3.1 (c) of IFB means the Bidder
should have commissioned the project(s) specified in the Clause 1.3.1 (b)/
Clause 1.3.1 (c) even if the contract has not been closed.
xxxi) “Facilities” means the Plant and Equipment to be supplied and installed, as
well as all the Installation Services to be carried out by the Contractor under
the Contract.
xxxiii) “Guarantee
. Period” shall mean the period during which the work or plant or
equipment shall give the same performance as guaranteed by the
vendor/Contractor/Fabricator in the Schedule of guarantee in the contract as
per contract agreement.
xxxvi) “GST” means Goods and Services Tax under the Central Goods and services
Tax Act, integrated Goods and Services Tax Act, Goods and Services Tax
(Compensation to States) At and various State/Union Territory Goods and
services Tax Laws and application cesses, if any under the laws in force (here
in after referred to as relevant GST Laws.
xxxvii) "Head Office" means Head-quarters of PSPCL functioning under the overall
control of the CMD.
xxxviii) “Installation Services” means all those services ancillary to the supply of the
Plant and Equipment for the Facilities, to be provided by the Contractor under
the Contract; e.g., transportation and provision of marine or other similar
insurance, inspection, expediting, Site preparation works (including the
provision and use of Contractor’s Equipment and the supply of all construction
materials required), installation, testing, pre-commissioning, commissioning,
operations & maintenance required for achieving Completion of Facilities, the
provision of operations and maintenance manuals, training of Owner's
Personnel etc.
xxxix) .
"Local Authority" means a Municipal Committee or Corporation, or other
authority legally entitled to or entrusted by the Government with the control of
management of a Municipal or Local Body.
xl)
“Manufacturer” refers to a person or firm who is the producer and furnisher of
materials or designer and fabricator or both under the contract.
xli)
“Month” means calendar month of Gregorian Calendar.
xlii)
"Minutes" means the proceeding of the meetings in respect of the meeting of
the members, Board or any committee constituted by competent authority.
xliii)
“Plant and Equipment” means permanent plant, equipment, machinery,
apparatus, articles and things of all kinds to be provided and incorporated in the
Facilities by the Contractor under the Contract (including the spare parts to be
supplied by the Contractor under GCC Sub-Clause 6.1.0 hereof), but does not
include Contractor’s Equipment.
FLUE GAS DESULPHURISATION (FGD) SYSTEM PAGE
General Section
AT GHTP LEHRA MOHABBAT (PUNJAB) 5OF 7
xliv) "Project Manager" for this project means Dy. Chief Engineer/MM-I, GHTP,
Lehra Mohabbat or any other officer of PSPCL so assigned to perform the
duties of Project Manager.
xlvi) 'Owner' shall mean the Punjab State Power Corporation Limited on whose
behalf the tender enquiry is issued and shall include their
successors/assigns/ authorized officers/representatives.
xlviii) 'Quotation' means the rate(s), terms and conditions quoted by a contractor
in response to a specific enquiry for a work and/or supply to be executed on
'work order' basis.
lii) “Site” means the Land and/ or other places, on, under, in or through which
the work is to be executed including any other lands or places which may be
allotted for the purpose of the contract.
liii) “Tender” means rates, terms & conditions quoted by Contractor in response
to notice inviting tender issued by the contracting agencies on prescribed
forms and accompanied with requisite amount of EMD for works to be
executed.
liv) “Week” means 7 days without regard to the number of hours worked or not,
on any day, in that week.
lv) “Work” means the work described in tender documents work orders and/or
drawings & Specifications accompanying as may be issued from time to time
to the contractor by the Engineer-in- Charge within the powers conferred
upon him, including all modified or additional works and obligations to be
carried out either at the site or at any Factory workshop or other place as
required for the performance of the contract.
Guru Hargobind Thermal Plant consists of Two Units of 210MW (Stage-I) and
Two Units of 250MW (Stage-II) (Total 920 MW).
Units were commissioned as under:
This plant is situated at about 25 KM from Bathinda on National Highway no. -7.
The basic fuel for this plant is PC Coal, furnace oil & LDO.
FOR
(Domestic CompetitiveBidding)
A. PSPCL, GHTP, Lehra Mohabbatinvites e-Bids from eligible Bidders for Flue
Gas Desulphurisation (FGD) System in three parts bid as per the brief
scope of work mentioned hereinafter
B. The brief scope of work is asunder:-
Design, engineering, manufacture, shop fabrication, preassembly, shop
testing/ type testing at manufacturer’s works, packing, transportation, unloading,
handling and conservation of equipment at site, completeservices of construction
including erection, supervision, pre-commissioning, commissioning and
performance testing of equipments under bidder’s scope of work of FGD System,
Limestone handling, storage, crushing and Gypsum handling & storage, wet
chimney, RO based Desalination Plant/ PT Plant wherever applicable, and its
associated auxiliaries including all associated Electrical, Control & Instrumentation,
Civil, Structural and Architecture works.
The detailed scope of work shall be as per specifications and scope defined in this
bidding documentfor Flue Gas Desulphurisation System for Stage I & II, GHTP,
Lehra Mohabat, PSPCL.
C. Detailed Specification, Scope of Work and Terms & Conditions are given in the
Tender Specifications, which are available online at e-tendering website-
https://pspcl.abcprocure.com. Schedule of Bidding process will be as under:
13. Date time and place for negotiation Will be intimated later on
with L-1 bidder
14. EMD deposit/Bid Security All bids must be accompanied by an EMD
(Bid Security) for an amount equal to Indian
Rupees 13 Crore (Indian Rupees Thirteen
Crore only) in the form of Bank Guarantee/
Demand Draft/Net banking as specified in
the bidding document.
15. Bid Document Fee/Bid Processing NIL
Fees
16. Mode of tendering e-tendering only
17. Tender specification can be downloaded from website https://pspcl.abcprocure.com.
Further details regarding e-tendering are available on website www.pspcl.in. Firms are
requested to get their digital signatures issued and to complete the process of
registration well in time.
All Bids must be accompanied by Earnest Money/Bid Security for an amount equal
to Indian Rupees 13 Crore (Indian Rupees Thirteen Crore only) in the form of
unconditional Bank Guarantee/ Demand Draft/Net banking as specified in the
bidding document. Unconditional Bank Guarantee for Bid Security should be
issued from the Banks as specified as Annexure-A.
Security Deposit @ 5% from the running bills will be deducted in addition to other
deductions.
The Bidder should meet the qualifying requirements stipulated in any one of the
qualifying routes i.e Route-1 (clause 1.1.0) or Route-2 (clause 1.2.0) or Route-3
(clause 1.3.0) or Route-4 (clause 1.4.0) including requirements stipulated in sub
clauses of respective Route. In addition, the Bidder should also meet the
requirements stipulated under clause 2.0.0 together with the requirements
stipulated under section ITB.
1.1.0 Route-1: Qualified Wet Limestone based Flue Gas Desulphurisation (FGD)
System Manufacturer (QFGDM)
1.2.2 Bidder should also have a valid ongoing collaboration and technology transfer
agreement with a QFGDM meeting requirements of clause 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.
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.
Alternatively
1.3.2 Bidder should also have a valid ongoing collaboration and technology transfer
agreement with a QFGDM meeting requirements of clause 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.
1.3.3 The Bidder shall furnish a Deed of Joint Undertaking (DJU) executed by it, the
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.
1.4.2 Bidder should also have a valid ongoing collaboration and technology transfer
agreement with a QFGDM meeting requirements of clause 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.
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.
b) Whenever the term 'Coal Fired' is appearing above, "Coal" shall be deemed
to also include bituminous coal/brown coal/ anthracite coal/lignite.
d) “Executed” in Clause 1.3.1 (b)/ Clause 1.3.1 (c) means the Bidder should
have commissioned the project(s) specified in the Clause 1.3.1 (b)/ Clause
1.3.1 (c) even if the contract has not been closed.
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 1.1.1, 1.2.1, 1.3.1(a) & 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 1.1.1, 1.2.1, 1.3.1(a) & 1.4.1 above.
b) 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 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
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 Bid Security/EMD to be furnished by the
Bidder. This bank guarantee requirement shall supersede bank guarantee
requirement stipulated at clause 1.2.4, 1.3.4 & 1.4.4 for the QFGDM.
c) In case the Holding Company itself is the Bidder as a QFGDM as per clause
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 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 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 Bid Security/EMD to be furnished by the Bidder before the
change in management control actually occurs.
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.
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.
2) Annual average turnover and net worth certificate (in derived form) duly
certified by practicing Chartered Accountant in Indian Rupees.
2.1.3 In case the Bidder is not able to furnish its audited financial statements on
standalone entity basis, the unaudited unconsolidated financial statements of 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.
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 statementsfor last three financial years.
2) Annual average turnover and net worth certificate (in derived form) duly
certified by practicing Chartered Accountant in Indian Rupees.
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 Average annual
turnover.
(iii) “Holding Company” and “Subsidiary Company” shall have the meaning
ascribed to them as per Companies Act of India.
(iv) For Average annual Turnover indicated in foreign currency, the exchange
rate as on 31.3.19 shall be considered.
G. 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.
H. 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.
I.
PSPCL reserves the right to reject any or all bids or cancel / withdraw the
Invitation for Bids without assigning any reason whatsoever and in such case
no Bidder / intending Bidder shall have any claim arising out of such action.
L. Part-I, Part-II & Part-III of Bid shall be opened at the address given below.
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”.
Annexure-A
A. SBI ANDASSOCIATES
B. NATIONALISED BANKS
1. AllahabadBank
2. AndhraBank
3. Bank ofIndia
4. Bank ofMaharashtra
5. CanaraBank
7. CorporationBank
8. DenaBank
9. IndianBank
14. SyndicateBank
17. UCOBank
18. VijayaBank