JHARKHAND URJA SANCHARAN NIGAM LIMITED (CIN No. – U40108JH2013SGC001704) Regd. Office – Engineering Building, H.E.C., Dhurwa, Ranchi – 834 004 Fax No. – 0651 – 2400123 (E-mail – [email protected]/ [email protected]) Request for Qualification for Empanelment of Consultants to provide consultancy services of Bid Process Management for the various future Transmission Projects under JV or PPP to achieve 24x7 PFA targets, Preparation of PSDF DPR, Preparation of Smart Grid DPR, (Scope of work of IE is required post implementation of projects) and other Consultancy services related to Transmission Projects. Request for Qualification RFQ Specification NO. : 238/ PR/ JUSNL/ 2015-16 Visit us on www.juvnl.org.in/www.jharkhandtenders.gov.in Cost of RFQ: Rs. 5,000/(Rupees Five Thousand) only JHARKHAND URJA SANCHARAN NIGAM LIMITED DISCLAIMER 1. Though adequate care has been taken while issuing this Offer Document, the Applicant Firm should satisfy himself that the document is complete in all respects. Intimation of any discrepancy shall be given to this office (as mentioned below) immediately. If no intimation is received by this office within 3 days from the date of issue of the Offer Document, then this office shall consider that the document received by the Applicant Firm is complete in all respects and that the Applicant Firm is satisfied that the Offer Document is complete in all respect. 2. JUSNL reserves the right to change any or all of the provisions of this Offer Document before date of submission. Such changes would be intimated to all parties procuring this Offer Document before date of submission. 3. JUSNL reserves the right to reject any or the entire offer without assigning any reasons whatsoever. No correspondence will be entertained on this account. Chief Engineer (Transmission) Jharkhand Urja Sancharan Nigam Ltd.. Engineering Building, HEC, Dhurwa, Ranchi – 834004 Page 2 of 39 JHARKHAND URJA SANCHARAN NIGAM LIMITED RFQ Specification NO. : 238/ PR/ JUSNL/ 2015-16 Request for Qualification for Empanelment of Consultants to provide consultancy services of Bid Process Management for the various future Transmission Projects under JV or PPP to achieve 24x7 PFA targets, Preparation of PSDF DPR, Preparation of Smart Grid DPR and other Consultancy services related to Transmission Projects. 1. JUSNL invites offers from leading consultancy firms for selection for empanelment of consultant for providing consultancy services of Bid Process Management for the various future Transmission Projects under JV or PPP to achieve 24x7 PFA targets, Preparation of PSDF DPR, Preparation of Smart Grid DPR, and other Consultancy services related to Transmission Projects. 2. At present, state of Jharkhand has 34 nos. of GSS having transformation capacity of 4695 MVA and 3302.63 CKM of transmission line of different voltage level for development of Jharkhand state. Power For All 24x7 power supply system is need of the hour and to develop infrastructure in power transmission sector, JUSNL has been entrusted by Govt. of Jharkhand to plan & construct new grid sub-stations with associated transmission lines to facilitate and improve quality power supply to Industrial & Domestic users. 3. JUSNL has taken-up this massive task for development of infrastructure in interstate transmission projects for state of Jharkhand and for that matter consultancy firms, working & having experience in the field for development of various models in the identified intra stage transmission projects are invited. 4. JUSNL planned to construct 50 (quantity may increase or decrease) new grid substations with associated transmission lines (3139 KM) whereas 14 nos. GSS is under construction with associated transmission lines (1240 KM) to meet Power For All (24x7) by the end of FY 2018-19. 5. Involvement of private sector, and other stake holders as partners in promotion and development of transmission projects in the State is an important and critical aspect, which would go a long way in development of the infrastructure in power sector in the state of Jharkhand. 6. Accordingly sealed proposals/offers are invited from experienced and well qualified consultants of international / national repute having adequate experience of similar projects in India and abroad, and capable in preparing Techno - Economic Feasibility Reports for transmission projects under JV or PPP & Detail Project Report (DPR) of Page 3 of 39 PSDF, preparation of smart grid DPR and other consultancy services for various transmission project. 7. Details with respect to submission of such proposal can be obtained from “Terms of reference for constituting a panel of consultants to provide consultancy services of Bid Process Management for the various future Transmission Projects under JV or PPP to achieve 24x7 PFA targets, Preparation of PSDF DPR, Preparation of Smart Grid DPR, other Consultancy services related to Transmission Projects in the state of Jharkhand” available at the Chief Engineer (Transmission), Jharkhand Urja Sancharan Nigam Limited, Engineering Building, HEC, Dhurwa, Ranchi – 834004 on any working day upon payment of Rs. 5,000/- (Five Thousand only) in the shape of D/D, payable in favour of JUSNL (Secretariat) Payable at Ranchi. 8. All communications including the submission of Offer Document should be addressed to: Chief Engineer (Transmission) Jharkhand Urja Sancharan Nigam Limited 2nd Floor, Room No. 214, Engineering Building, HEC, Dhurwa, Ranchi – 834004 Phone: 0651-2400008 Fax: 0651-2400123 Email: [email protected] 9. The technical part of this offer shall be opened in the office of C.E. (T), JUSNL before the duly constituted committee. The Applicant Firm or his duly authorized representative may be present during opening of the technical bid. 10. JUSNL reserves the right to accept or reject in part or as a whole any of the proposal received without assigning any reason thereof. 11. Tender Fee, Bid Security and Total Time Period of Work is defined in Table 1.1. Table – 1.1 S. No. Name of the Work Earnest Money Deposit (EMD) Cost of Tender Document Period Of Completion 1 2 3 4 5 Request for Qualification for Empanelment of Consultants to provide consultancy services of Bid Process Management for the various future Transmission Projects under JV or PPP to achieve 24x7 PFA targets, Preparation of PSDF DPR, Preparation of Smart Grid DPR, other Consultancy services related to Transmission Projects. Rs. 25,000/- in form of BG/ DD in favor of “JUSNL (Secretariat)”, payable at Ranchi Rs. 5,000/- in form of BG/ DD in favor of “JUSNL (Secretariat)”, payable at Ranchi N. A. 1. Page 4 of 39 12. Tender Fee (non-refundable) as mentioned in column 4 (as shown in table 1.1 above), will be in form of Demand Draft drawn on a Nationalized/Scheduled Bank, in favor of "JUSNL (Secretariat)" payable at Ranchi. 13. The Bidder shall furnish Earnest Money Deposit (EMD) for the amount as mentioned in column 3 (as shown in table – 1.1). EMD shall be in form of Bank Guarantee/Demand Draft drawn on a Nationalized/Scheduled Bank in favor of "JUSNL (Secretariat)" payable at Ranchi. 14. Tender Fee and Earnest Money Deposit (EMD) envelop should contain the NIT No. and offer notice no. and be addressed to the C.E. (Trans.), JUSNL, Engineering Building, HEC, Dhurwa, Ranchi-834004, Jharkhand, with detail of bidder’s addresses as well. 15. Tender Fee and Earnest Money Deposit (EMD) in original shall be submitted in the Office of " C.E. (Trans.), JUSNL, Engineering Building, HEC, Dhurwa, Ranchi-834004, Jharkhand on all working days between 11:00 Hrs to 18:00 Hrs either by registered post/Speed post or by hand. Only those bids will be entertained whose cost of bidding document (tender fee) and bid security (EMD) is received b. JUSNL will not be held responsible for the postal delay, if any, in the delivery of the document or non-receipt of the same. 16. JUSNL reserves the right to accept or reject all proposals without assigning any reason. It also reserves the right to postpone or to cancel the bid. 17. For any other clarifications/ queries related to bid submission, firms may contact C.E. (T), JUSNL, Ranchi telephonically on telephone no. +91-9431584785 or through e-mail ([email protected]) before the last date of submission of the bid document during working hours. 18. Other details can be seen in the RFQ document and Instructions to Consultants. 19. Bids without requisite details/as per RFQ documents are liable for rejection and JUSNL will not entertain any further communication in such cases. Chief Engineer (Transmission) Jharkhand Urja Sancharan Nigam Limited 2nd Floor, Room No. 214, Engineering Building, HEC, Dhurwa, Ranchi – 834004 Page 5 of 39 Section-1 Instruction to Consultants 1. MINIMUM ELIGIBILITY CRITERIA 1.1 Key Eligibility Requirements: The following may form the minimum eligibility requirements for management consultancy firms engaged in providing similar services in India. 1.1.1 Management consultancy firms registered in India and having presence in India for last 10 years. Firm can participate as a single entity or as a consortium. Consortium of not more than 2 firms is allowed to participate subject to the condition that the management consultancy firm shall act as the Lead Consultant and the technical firm is the 2nd member. 1.1.2 Annual Turnover of not less than Rs. 50 Cr from consulting practice for each of the last three (3) years. Statutory Auditor’s certificate confirming the same shall be required to be submitted in the proposal along with extracts of financial statements for verification. 1.1.3 Should have prepared at least ten (10) DPR or PMC for transmission or substation projects 1.1.4 with each project costing at least Rs.50 crores in the last 5 financial years Should have assisted in conducting and completing at least two (2) bid process management engagements transmission projects in the last five (5) years at state or central level. Expereince in bid process management for transmission projects should be Sell Side advisory (govt. utilities or nodal agencies) and not Buy Side (i.e. private developers). Firms shall be required to submit copy of completion certificate (from respective govt. utilities) evidencing the completion of the engagements failing which the experience shall not be considered. 1.1.4 Management consultancy firm to have a team of experts of not less than 25 permanent positions for the last three (3) years providing advisory services in the power sector. Firms shall be reuqired to submit certificate claiming the same. 2 Selection Criteria: Firms shall be required to submit separate Technical and Financial Proposal. The Consultant shall be selected based on the total highest score (technical and financial). Firms having scored at least 60 out of 100 marks shall be eligible for opening of their Financial Proposals. 3 LANGUAGE OF THE OFFER Page 6 of 39 3.1 Applicant Firms are required to furnish all information and documents, as called for in this Document, in English Language. Any printed literature furnished by the Applicant Firm may be in another language, provided that this literature is accompanied by an English translation, in which case, for the purpose of interpretation of the document, the English version duly authenticated will prevail. 4 4.1 SIGNING OF THE OFFER Offer shall be signed by the Applicant Firm/ company or by his duly authorized person holding power of attorney for signing the offer document. A copy of registered power of attorney shall accompany the offer. 4.2 The original offer shall be printed, typed or written in ink, and shall be signed by a person or persons duly authorized to sign on behalf of the Applicant Firm. All pages of the offer and where entries or amendments have been made shall be initialed by the person or persons signing the offer. 4.3 The offer shall ordinarily contain no alterations or additions, except those to comply with instructions issued by JUSNL, or as may be necessary to correct errors made by the applicant in which case the person or persons signing the offer shall initial such corrections. 4.4 All witnesses and sureties shall be persons of status and probity. Their full names, occupations and addresses shall be provided below their signatures. All signatures shall be dated. 5 5.1 COST OF OFFER The Applicant Firm shall bear all costs associated with the preparation and submission of its Offer, including cost of presentation for the purposes of clarification of the Offer, if any. 5.2 JUSNL in no case shall be responsible or liable for any such costs regardless of the conduct or outcome of the bidding process. 5.3 Any Applicant Firm wishing to undertake site visits for familiarization with site conditions, may do so. All costs towards site visits, conference and submission of documents shall be borne by the Applicant Firm themselves. 5.4 6 All payments to the Consultant shall be made in INR in accordance with the provisions. DEPARTMENT’S RIGHT TO ACCEPT ANY OFFER AND TO REJECT ANY OR ALL OFFERS 6.1 The decision of the Managing Director, Jharkhand Urja Sancharan Nigam Limited, Ranchi regarding the opening of offers, evaluation and acceptance of the offer shall be final and binding on all the Applicant Firms. Page 7 of 39 6.2 JUSNL reserves the right to accept or reject any offer, and to annul the offer process and reject all offers at any time prior to award of Offer, without thereby incurring any liability to the affected Applicant Firm or Applicant Firms or any obligation to inform the affected Applicant Firm or Applicant Firms of the grounds for the JUSNL decision. TIME SCHEDULE OF CONSULTANCY 7 8 7.1 The technically qualified and selected consultants would be expected to submit subject specific concept papers and financial bids with respect to such projects under consideration as directed and specified by JUSNL. 7.2 The consultants, thus selected, would be expected to provide consultancy services within the time frame as finalized by the JUSNL. INFORMATION FOR CONSULTANTS FOR SUBMITTING THE OFFERS The Submission of Offers: 8.1 Each submitted Offer should be complete in all the respects, including the processing fee, which must accompany each submitted Offers. The Offers should enclose duly filled forms as annexed along with. 8.2 The Offers should include description of the firm / organization, the firm’s general experience in the field of assignment, the qualification and competency of the personnel proposed for the assignment and the proposed work plan methodology and approach in response to suggested terms of reference. Necessary document in support of technical capabilities in annexed format (T-1,T-2,T-3 and T-4) must be submitted along with the proposal. 8.3 An affidavit swearing the correctness of technical data furnished also must be submitted as per the annexed format (T-5).Other forms F-1 and F-2 be also submitted along with the offer. 8.4 Thus the offers should be annexed with form T-1,T-2,T-3,T-4,T-5,F-1 and F-2. 8.5 The offer should be submitted in Hard copy at the following address. The RFQ bid cost along with the EMD fee should be in a sealed cover which will be received in the office of: Chief Engineer (Transmission) Jharkhand Urja Sancharan Nigam Limited 2nd Floor, Engineering Building, HEC, Dhurwa, Ranchi Offers received will be considered in due course. Fees: The consultants will have to submit a non-refundable tender document cost of Rs. 5000/(Rupees Five Thousand only) by bank draft of any Nationalized Bank in favor of "JUSNL (Secretariat)" payable at Ranchi. Page 8 of 39 8.6 Technical Proposal While submitting the Technical Proposal, the Applicant shall, in particular, ensure that: 8.6.1 The prescribed processing fee is furnished; 8.6.2 All forms are submitted in the prescribed formats and signed by the prescribed signatories along with all relevant supporting documents; 8.6.3 Power of Attorney, if applicable, is executed as per Applicable Laws; 8.6.4 CVs of all Professional Personnel have been included along with all relevant supporting documents; 8.6.5 Key Personnel have been proposed only if they meet the Conditions of Eligibility laid down in the RFQ; 8.6.6 No alternative proposal for any Key Personnel is being made and only one CV for each position has been furnished; 8.6.7 The CVs have been recently signed and dated in blue ink by the respective Personnel and countersigned by the Applicant. Photocopy or unsigned / countersigned CVs shall be rejected; 8.6.8 The CVs shall contain an undertaking from the respective Key Personnel about his/her availability for the duration specified/ finalized as per JUSNL. 8.6.9 Professional Personnel proposed have good working knowledge of English language; 8.6.10 No Key Personnel should have attained the age of 75 (seventy five) years at the time of submitting the proposal; and If an individual Key Personnel makes a false averment regarding his qualification, experience or other particulars, or his commitment regarding availability for the Project is not fulfilled at any stage after signing of the Agreement, he shall be liable to be debarred for any future assignment of JUSNL for a period of 5 (five) years. The award of this Consultancy to the Applicant Firm may also be liable to cancellation in such an event. The Technical Proposal shall not include any financial information relating to the Financial Proposal. The proposed team shall comprise of experts and specialists (the “Professional Personnel”) in their respective areas of expertise and managerial/support staff (the “Support Personnel”) such that the Consultant should be able to complete the Consultancy within the specified time schedule. The Key Personnel specified shall be included in the proposed team of Professional Personnel. Other competent and experienced Professional Personnel in the relevant areas of expertise must be added as required for successful completion of this Consultancy. The CV of each such Professional Personnel, if any, should also be submitted in the format prescribed. An Applicant may, if it considers necessary, propose suitable Sub-Consultants in specific areas of expertise. A Sub-Consultant, however, shall not be a substitute for any Key Personnel. JUSNL reserves the right to verify all statements, information and documents, submitted by the Applicant in response to the RFQ. Any such verification or the lack of such verification by JUSNL to undertake such verification shall not relieve the Applicant Firm of its obligations or liabilities hereunder nor will it affect any rights of JUSNL thereunder. Page 9 of 39 9 OPENING OF PROPOSAL The technical proposals will be opened by the duly constituted committee in the office of Chief Engineer (Transmission), JUSNL, Ranchi in presence of such consultants or their authorized representative, who may choose to be present. 10 EVALUATION OF THE OFFER 10.1 The offers submitted will be evaluated using the following criteria: S. No. 1 Criteria Firm’s general experience in the field of assignment and adequacy Points 60 of meeting the requirements as specified in Para 1.1 of this RFQ. 2 Experience of advisor with qualifications and competence with of 40 the key staff for the assignment. Total Points - 100 10.2 The number of points to be given under each evaluation sub-criteria for firm’s general experience and adequacy of meeting the requirements as specified in Para 1.1 of this RFQ: S. No. 1 Criteria Number of Completed Transmission or Substation Projects (DPR or Points 15 PMC) with each project costing of at least Rs.50 crores handled in the last 5 financial years (10 or more projects will fetch full points and less will be marked proportionately) 2 3 4 5 Assistance in conducting and completing at least two (2) bid process management engagements for transmission projects in the last five (5) years at state or central level and such experience is Sell Side advisory (i.e. advisory to govt. utilities or nodal agencies) Annual Turnover from consultancy services for each of the last 3 years to be at least Rs. 50 Cr. (the last three financial year should be read as F.Y. 2012-13, 2013-14 & 2014-15 Assistance to erstwhile JSEB or any govt. power utility for electricity advisory/ electricity regulatory services in the last five (5) years – If experience is of assisting JSEB or Jharkhand state power utility (10 Marks) – If experience is of assisting any other govt. power utility (5 marks) firm to provide documentary evidence in each case Firm (in case of Consortium, the lead member) to have team of experts of not less than 50 permanent positions for the last three (3) years providing advisory services in the power sector 15 Total Points 60 10 10 10 Page 10 of 39 10.3 The number of points to be given under each evaluation sub-criteria for qualifications and competence of key staff for the assignment is : S. No. 1. Criteria General Qualification : i. Engineering Graduate (Elect./ Mech) and MBA/ PGDM/ CA Points 10 degree in respective field of specialization. (To be from Lead member in case of consortium) ii. Post Graduate Degree, ME, M. Sc. (Engg.), MBA, (To be from 10 Technical Member in case of consortium) 2. Mandatory key positions as listed out in Para 10.4 below. Firms not 10 having adequate manpower/experience shall be restricted to five (5) marks only 3. Experience in the prestigious studies / projects funded by private / 10 public sector / bilateral / multilateral funding agencies (Not necessarily restricted to transmission projects). Total Points 10.4 I. 40 The mandatory key positions (but not limited to) for the assignment areas listed here. Project Leader – Minimum 15 years exp. in management consultancy in power sector and specializing in power transmission and financial advisory projects. II. Project Director – Minimum 10 years exp. in management consultancy in power sector and specializing in regulatory and commercial advisory in power projects. III. Technical Advisor – Minimum 10 years exp. in management and/or technical consultancy in power sector and specializing in power transmission projects. IV. Commercial Advisor – Minimum 10 years exp. in management consultancy in power sector and specializing in commercial advisory in power projects. V. Regulatory Advisor – VI. Financial Advisor – Minimum 10 years exp. in assignments related to financial advisory in Minimum 10 years exp. in power regulatory assignments. power sector. VII. Support Staff – Minimum 5 years exp. in power sector. 10.5 The consultant may in addition, procure the services of Electrical Engineer, Quantity Surveyor, Social expert, GIS specialist etc. as per the requirement of particular nature of consultancy s ervices. 11 DECIDING AWARD OF OFFER Quality and competence of the consulting service shall be considered as paramount requirement. The decision of the award of the offer would be as defined: Page 11 of 39 11.1 Evaluation of Quality 11.1.4 Technical proposals scoring not less than 60% of the total points as per procedure for evaluation will be selected and constituted into an expert consultant panel. 11.2 Evaluation of Cost 11.2.4 After the evaluation of quality is complete, the selected firms would be constituted into an expert panel of consultants. The consultants of the panel would then submit financial bids in providing in Services of providing consultancy services of Bid Process Management for the various future Transmission Projects under JV or PPP to achieve 24x7 PFA targets, Preparation of PSDF DPR, Preparation of Smart Grid DPR(Scope of work of IE is required post implementation of projects) 11.2.5 The consultants would be offered to make concept presentation and submit financial offers before the designated committee of the JUSNL. 11.2.6 The designated committee shall on the basis of concept presentation, award marks to the consultants out of a total of 100 marks. Subsequently the financial proposals shall be opened publicly, in the presence of representatives of the consultants. All the proposals of evaluation of cost shall include all the local taxes of the State Govt. and shall include all other reimbursable expenses, such as travelling, report printing etc. including the service tax and other relevant taxes to be paid to the Govt. of India. The proposal with the lowest cost shall be given financial score of 100 points and other proposal shall be given financial score that are inversely proportional to their prices. 11.2.7 11.2.8 11.2.9 12 The total score for any firm shall be arrived at by weighing the technical score, concept presentation and cost scores and adding them. The weight of the technical score shall be 50 points, that of the concept presentation shall be 30 points and the weight of the cost shall be 20 points. The firm securing the highest total score will be then selected for providing Services, for which, it shall have to execute a contract agreement with JUSNL. NEGOTIATIONS AND WEIGHT OF OFFER The consultants must be prepared to furnish the detailed cost breakup and other clarifications with respect to the proposals submitted by him, as may be required to adjudge the reasonableness of his price proposals. If the negotiations with the consultant / firms are successful the award will be made to him. If negotiations fail, then the second highest rank consultant will be invited for negotiations. This process will be repeated till an agreed contract is concluded. 12.1 Please note that the JUSNL is not bound to select any of the firms submitting proposals. As quality is the principal selection criterion, JUSNL does not bind itself in any way to select a firm offering the lowest price. 12.2 Please note that the cost of preparing a proposal and that of negotiating an offer including visits to the sites, if any, is not reimbursable as a direct cost of the assignment. Page 12 of 39 12.3 It is to be reminded that any manufacturing or construction firm with which you might be associated is not eligible to participate in offer for any goods or works resulting from or associated with the project of which this consulting assignment forms a part. Please note that if you consider that your firm does not have all the expertise for the assignment, there is no objection to your firm associating with another firm to enable a full range of expertise to be presented. Necessary partnership / agreement paper must be submitted to authenticate your claim. Please note that the remuneration which you receive from this offer will be subject to the information in this regard, if required. We would appreciate if the following information is sent to us by registered letter / telex / fax/email. 12.4 12.5 12.6 I. II. III. 13 13.1 13.2 13.3 13.4 13.5 13.6 Our acknowledgement of receipt of this offer Document Your acceptance / refusal to submit a proposal. The date by which your proposal will be sent. OTHER TERMS AND CONDITIONS The Consultant shall abide by the instructions issued by JUSNL to him from time to time for the timely completion of the assigned services. Any entity which has been barred by the Central Government, any State Government, a statutory authority or a public sector undertaking, as the case may be, from participating in any project, and the bar subsists as on the date of Proposal, would not be eligible to submit a Proposal either by itself or through its Associate. An Applicant Firm or its Associate should have, during the last three years, either failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Applicant Firm or its Associate, nor been expelled from any project or agreement nor have had any agreement terminated for breach by such Applicant Firm or its Associate. While submitting a Proposal, the Applicant Firm should attach clearly marked and referenced continuation sheets in the event that the space provided in the specified forms in the Appendices is insufficient. Alternatively, Applicant Firms may format the specified forms making due provision for incorporation of the requested information. No Applicant Firm or its Associate shall submit more than one Application for this job. An Applicant Firm applying individually or as an Associate shall not be entitled to submit another application either individually or as a member of any consortium, as the case may be. Amendment of RFQ: 13.6.4 At any time prior to the deadline for submission of offer, JUSNL, for any reason, whether at its own initiative or in response to clarifications requested by an Applicant Firm, modify the RFQ document by the issuance of Addendum/ Amendment and posting it on the Official Website. 13.6.5 In order to afford the Applicant firms a reasonable time for taking an amendment into account, or for any other reason, the JUSNL may, in its sole discretion, extend the Offer Submission/Opening Date. 13.6.6 The Applicant Firms shall submit the offer in PDF format with all pages numbered serially and by giving an index of submissions. Each page of the submission shall be initialed by the Authorized Representative of the Applicant Firm as per the terms of the RFQ. Page 13 of 39 14 Modification/Substitution/Withdrawal of Offers 14.1.4 The Applicant Firm may modify, substitute, or withdraw its Offer after submission, provided that written notice of the modification, substitution, or withdrawal is received by JUSNL prior to closing Date. No Offer shall be modified, substituted, or withdrawn by the Applicant Firm on or after the closing Date. 14.1.5 The modification, substitution, or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with the envelopes being additionally marked “MODIFICATION”, “SUBSTITUTION” or “WITHDRAWAL”, as appropriate. 15 Substitution of Key Personnel 15.1 JUSNL will not normally consider any request of the Selected Applicant Firm for substitution of Key Personnel as the ranking of the Applicant Firm is based on the evaluation of Key Personnel and any change therein may upset the ranking. Substitution will, however, be permitted if the Key Personnel is not available for reasons of any incapacity or due to health, subject to equally or better qualified and experienced personnel being provided to the satisfaction of JUSNL. 15.2 JUSNL expects all the Key Personnel to be available during implementation of the Agreement. JUSNL will not consider substitution of Key Personnel except for reasons of any incapacity or due to health. Such substitution shall ordinarily be limited to one Key Personnel subject to equally or better qualified and experienced personnel being provided to the satisfaction of JUSNL. As a condition to such substitution, a sum equal to 20% (twenty per cent) of the remuneration specified for the original Key Personnel shall be deducted from the payments due to the Consultant. In the case of a second substitution hereunder, such deduction shall be 50% (fifity per cent) of the remuneration specified for the original Key Personnel. Any further substitution may lead to disqualification of the consultancy. 15.3 Substitution of the Team Leader will not normally be considered and may lead to disqualification of the Applicant Firm or termination of the Agreement. 15.4 The Consultancy Firm shall have to deploy sufficient Key Personnel in Ranchi on a full time basis for the assignment, when the financial value of the various awarded consultancy works exceeds Rs.25 lacs. Page 14 of 39 Section -2 TERMS OF REFERENCE (TOR) FOR CONSULTANTS 1. INTRODUCTION a) JUSNL invites offers from leading consultancy firms for selection for empanelment of consultant for providing consultancy services of Bid Process Management for the various future Transmission Projects under JV or PPP to achieve 24x7 PFA targets, Preparation of PSDF DPR, Preparation of Smart Grid DPR and other Consultancy services related to Transmission Projects. b) At present, state of Jharkhand has 32 nos. of GSS having transformation capacity of 3960 MVA and 3232.63 CKM of transmission line of different voltage level for development of Jharkhand state. Power For All 24x7 power supply system is need of the hour and to develop infrastructure in power transmission sector, JUSNL has been entrusted by Govt. of Jharkhand to plan & construct new grid sub-stations with associated transmission lines to facilitate and improve quality power supply to Industrial & Domestic users. c) JUSNL has taken-up this massive task for development of infrastructure in interstate transmission projects for state of Jharkhand and for that matter consultancy firms, working & having experience in the field for development of various models in the identified intra stage transmission projects are invited. d) JUSNL planned to construct 50 (actual quantity may increase or decrease) new grid sub-stations with associated transmission lines (3139 KM) and 14 nos. GSS is under construction with associated transmission lines (1240 KM) to meet Power For All (24x7) by the end of FY 2018-19. e) Involvement of private sector, and other stake holders as partners in promotion and development of transmission projects in the State is an important and critical aspect, which would go a long way in development of the infrastructure in power sector in the state of Jharkhand. SCOPE OF WORK A. Broad Scope of Work: The following forms the broad scope of work for the proposed engagement. The scope of work is spread across two phases (Preparatory Phase and Transaction Phase) including an intermediary Phase wherein buy-in from JUSNL management is envisaged. Page 15 of 39 Phase 1: Technical, Regulatory & Commercial Advisory The Consultant shall be required to conduct the following key tasks; Task 1: Review of various models for development of identified intra state transmission projects including JV route, PPP models including DBFOT and BOOM or EPC contracting. Task 2: For developing appropriate model of Joint Venture/ PPP for future transmission projects as described in 24x7 Power For All concept paper of Jharkhand, PSDF, DPR, Smart Grid and assistance of independent Engineer. Task 3: Review of regulatory and enabling policy provisions (for all models) Task 4: Discussions with JUSNL on the proposed models for the identified projects Task 5: Preliminary Engineering, BoQ and Cost Estimation (in case of DBFOT model) Task 6: Site Survey and Route Survey (for all models) Task 7: Revenue Model and Financial Analysis ( in case of DBFOT model) *It is envisaged in the present context that the technical and commercial due diligence shall be covered as a part of SoW of the consultant. In the event, the technical due diligence part is envisaged to be taken up separately by JUSNL, the consultant shall be required to assist JUSNL in preparation and conducting the bid process for selection of the technical advisor to the project. Intermediary Phase Consultation with JUSNL on finalization of transaction structure and survey report for the next phase. This shall involve; Task 1: o Transaction Framework Development. This shall include the following: In case of a proposed JV structure, identify key stakeholders for formation and participation in the JV structure. Determine a high level prioritization/phasing plan of investments to be undertaken in the JV taking into account the overall benefits for JUSNL. o Determine operational boundaries for JV in legal and regulatory parlance to achieve the desired objectives. Task 2: Risk Assessment and Mitigation measures for all models. This shall include identification of transaction risks, operational, commercial, legal and regulatory risks emanating from the project agreements and proposed mitigation arrangements. Task 3: Finalization of Project Survey Report (BOOM) and/or Final Feasibility Report (DBFOT) Phase 2: Transaction Implementation & Bid Process (in case of BOOM & DBFOT) Task 1: Preparation of bid documents including RFQ, RFP & TSA (Technical Suitability Assessment) Task 2: Technical Schedules to RFQ, RFP and TSA Task 3: Bid Process Management in consultation with JUSNL Task 4: Selection of Bidders and signing of Project Agreements Task 5: Assistance to JUSNL in tariff approval from Hon’ble JSERC. Page 16 of 39 Technical qualified bidders from RFQ stage will be called for concept presentation for which date will be communicated later. 3. DESCRIPTION OF SERVICES EXPECTED 3.1 Techno - Economic Feasibility Study 3.1.1 The adequacy of a Detailed Feasibility Report (DFR) as a basis for investment decision is largely determined by the thoroughness of studies and investigations that have gone into the preparation of the details feasibility report. In view of peculiar nature of the power projects owing to their inter-connectedness within the power sector and their integration with the energy sector and overall development, the studies and investigations have to be undertaken with the object of selecting ‘least cost option’ among the various alternatives so as to achieve desired benefits in the form of power generation and transmission. 3.1.2 In case of the power projects, the studies and investigations are concerned with the establishment of the need of the project for a particular region/ state, choice of technology, design, size, location etc., type of fuel required and its availability, water availability, infrastructure available and required to be created, transportation of fuel, geophysical conditions, river flow data, power evacuation arrangements, route survey for transmission lines, environment impact and other project specific studies and investigations etc. 3.1.3 Based on the above studies and investigations, a Detailed Feasibility Report is prepared. After the project is approved, the orders for main plant and equipment placed, funding arrangements tied, and detailed engineering conducted, a detailed project report indicating the firmed up cost estimates and project implementation schedule is prepared. Between DFR and DPR stage, there may be some further studies required to improve information about site conditions and other project parameters. 3.2.1 With regard to the transmission projects, the following studies and investigations should be undertaken: i) System planning study based on load flow analysis while considering the location specifics of the impinging loads on the system; ii) Steady state stability analysis, at least for a base case; iv) High level assessment of need for establishment of new transmission lines or strengthening of the existing connections v) Transmission Line survey to include the following: a) Line route based upon topo sheets and walkover survey; b) This activity is always under the scope of private developer selected under PPP route c) Crossing details e.g. river roads, telephone lines, railways line and forest etc. and d) Angle points so as to know the line route. Besides above, other project specific studies, if any, may also be included. Page 17 of 39 DETAILED FEASIBILITY REPORT (This shall be applicable only if DBFOT Model under PPP route is selected for the identified transmission project) 4.1.0 The studies and investigations suggested in Chapter-3 often generate several investment options which are worth considering. On the basis of the preliminary analysis of these options, a feasible option is selected. The selected option is developed into a project and Detailed Feasibility Report (DFR) is prepared for further processing and seeking Government’s approval. In this report a detailed description of the project parameters based on the studies and investigations, is to be given to enable the appraising agencies to evaluate the technical feasibility and financial & economic viability of the proposed project. The information about the project to be provided in DFR should be adequate and reliable. The details of information required to be furnished in the DFR as discussed in the following paragraphs, mainly concern with a transmission project. The pattern of information for transmission related projects such as load dispatch centres etc. may be suitably amended to meet project specific requirements. 4.2.0 The DFR of a transmission project is expected to furnish following information: i) Need for the project ii) Project Description a) Choice of voltage level of the transmission lines, route and length of lines, single/ double circuit, type of towers etc. b) Location of substations, their capacities c) Equipment & construction requirements d) Manpower Requirements e) Transmission losses f) Linked projects iii) Organisational and management aspects a) Implementation Plan b) State of preparedness c) Infrastructural Backup iv) Environment Aspects v) Project Costs a) Capital cost requirements b) Operational cost requirements c) System Costs 4.2.1 The details under each of the above items have to be furnished and the salient features of the project are to be given in format DFR-1.1. 4.3.0 Need for the Project 4.3.1 A transmission project needs to be undertaken to connect a new power generation plant with the grid, provide inter regional and inter-state connections or strengthening the existing transmission system. The transmission planning being essential part of power planning alongwith generation Page 18 of 39 planning, the justification of the transmission project should be built on the basis of system studies involving simulated operation of network under normal and critical conditions which establish that the proposed systems would be capable of meeting the transmission needs over the entire range of system operating conditions in the optimal manner. The DFR needs to bring out clearly whether or not the proposed lines and substations are based on system optimization studies and to what extent they fulfill the objectives of delivering power at minimum cost and ensuring a fair degree or reliability of power supply. 4.3.2 The alternatives considered in regard to route of the transmission lines, voltage level, choice between AC/ DC transmission, single or double circuit lines, type of transmission towers, location and capacity of substations etc. should be spelt out in the DFR alongwith their technoeconomic analysis. 4.4.0 Project Description (Technical Aspects) 4.4.1 Voltage level, route, single or double circuits, towers etc.: The choice of particular level of voltage of transmission, route and length of transmission lines, AC or DC transmission, single or double circuits lines, type of tower chosen etc. should be described bringing out technical requirement of the project. 4.4.2 Sub-Stations: The location of substations, their number and capacity, requirement of transformers by types, circuits breakers etc. have to be brought out in the DFR. 4.4.3 Equipment and Construction Requirements: a) The DFR should contain a complete list of capital equipment (by type and size) for the transmission lines including towers, transformers, cables etc. and requirements of buildings and structures by type and size for sub-stations. It should give justification for the choice of type size and specifications proposed for important items of equipment and structure. b) The DFR should also indicate the possible source of supply of capital equipment, construction services, engineering services, etc. This is particularly important in the case of imported items. For imported items which are of high value or are critical to operation of plant, alternative sources of supplies should be indicated in order of performance. c) (Establishment of project and township shall be the responsibility of the selected private developer. The DFR shall at best capture the costs of such facilities, if required.) d) (This is specific to the developer to be selected under PPP route. The developer is required to adhere to the technical standards specified in the concession agreement. This para is not required under the Scope of Work of consultant) Choice of equipment: The DFR should also deal with the analysis underlying the choice of equipment and specifications of the construction requirements. The DFR should outline the construction methodology and technology to be used, including capital vs labour intensive options considered, construction equipment to be used, use of new materials planned, innovations in methodology, quality assurance, improvements planned over present construction methodologies/ technologies and their likely input/ benefit on project construction time and cost. Page 19 of 39 4.4.4 (This is specific to the developer to be selected under PPP route. The developer is free to deploy his team of experts required for implementing the PPP project. This para is not required under the Scope of Work of consultant) 4.4.5 (Transmission losses are governed by applicable regulations and shall form part of the concession agreement. This para is not required under the Scope of Work of consultant) 4.5.0 Organizational & Management Aspects 4.5.1 Implementation Plan: a) The feasibility report should indicate the activity wise phasing of construction preferably in the form of a bar chart or a master control network (PERT/ CPM) diagram. Quantitative information on the phasing of material and labour requirements during construction should be specified. The report should also indicate the timing of deliveries of imported and indigenous equipment. The physical specifications of phasing given in this chart should be consistent with the phasing of expenditure given in the section on capital costs. To the extent possible the report should indicate the targeted levels for pouring of concrete and erection of equipment structures per month. While indicating the phasing of construction activities of the project the phasing of inter-related facilities should also be clearly indicated so as to present an integrated view of all the connected items. Steps which could be taken to reduce the period of construction should also be indicated. b) The DFR should also deal with the types of problems that may affect the phasing of construction and energization after completion. For example, possible difficulties in the movement of oversized components, erection of towers etc. It should indicate the arrangements envisaged for housing for workers during construction and for ensuring the supply of utilities during construction. c) (Not required. Under the scope of selected developer) 4.6.0 Responsibility of getting Environmental and Forest clearance is of the private developer) 4.7.0 Project Cost a) Capital Cost Requirements (This shall be required to be presented only in case DBFOT model is used for PPP) 4.7.1 In case of a transmission project, the capital costs are essentially those costs which are incurred for creation of fixed assets such as transmission lines, substations and associated works. Summary of capital cost for major items of works appertaining transmission lines and substations both in terms of Indian Rupee and foreign exchange, is to be furnished in the format DFR-2.0. 4.7.2 The capital cost should include all items of expenditure required to be incurred before energization of the transmission project including the IDC. 4.7.3 The project authorities should adhere to the norms approved by PIB regarding admissible level of contingencies. Further, as per PIB procedures, no built in provision for forward escalation in the Capital Cost estimates is allowed. Hence the cost estimates, should correspond to a fairly recent date preferably not more than six month’s old. Page 20 of 39 4.7.4 The major assumptions forming the basis of the capital cost estimates should also be listed in the text along with presentation in the relevant format DFR-2.0. The major item wise details of cost estimates are to be covered in formats 2.1 to 2.5. It is desirable that following information should also be presented in the text: i) The reference price level of estimates ii) Currencies and exchange rates and their reference period iii) Level of contingencies iv) The level of inventories of materials, spares etc. v) Scaling factors used for scaling up/ down cost of any major equipment/ item; vi) The status of engineering and design on the basis of which the estimates have been framed that 4.7.5 vii) Rates and quantities of items on the basis of value analysis. viii) Debt equity ratio, interest rates ix) Customs duty, excise duty, sales tax etc. The cost on account of environment safeguards including compensatory afforestation etc. would need to be estimated with the help of concerned authorities and the cost involved may be shown in the capital cost estimates as a separate item. (DFR-2.6) 4.7.6 Format DFR-2.7 has been designed with a view to collect information about the working capital requirements. Based on this, the margin money for the working capital required for the project and forming a part of the capital cost estimates will have to be determined for the purpose of sanction for the investment. However, for the purpose of viability analysis the interest on borrowed portion of the working capital should also be reflected in the separate column. 4.7.7 The information on the capitalized interest (on loan portion only) during construction should be furnished in detail (DFR 2.8) with the necessary back up calculations. 4.7.8 The DFR should also deal with the capital cost phasing of the project taking into account the various critical activities, requirements of resources, terms and conditions at which these resources could be mobilized, budget for the funds and arrive at an yearly requirement of funds for execution of the project. b) Operating costs Requirements 4.7.9 For the purpose of project appraisal, operating costs are essentially those costs which are incurred after the transmission lines become operative, excluding costs incurred for the replacement of capital equipment but including cost incurred for repairing and maintenance of capital equipments. In case of transmission project, the operating cost consist of the labour, repairs and maintenance costs. The O&M costs should not be expressed as a percent of capital cost. The O&M cost should be based on the actual experience of similar projects. The formats DFR 3.1 & 3.2 have been designed to collect information about operating costs in the form required for social profitability and financial appraisal. Page 21 of 39 c) Total system costs 4.7.10 The system costs are incurred in the creation of the required complementary facilities by the other organization which are not owned by the enterprise. But, nevertheless, these are required for the smooth construction/ operation of the project. The purpose of this section is to obtain information on identity of these linked projects, the agencies responsible for these, the total cost of these projects, the corresponding provisions in the plans, the cost sharing arrangements, if any etc. information is to be given is format DFR 2.9. 4.8.0 Cost effectiveness analysis 4.8.1 Cost effectiveness analysis is undertaken to determined whether proposed investment in the proposed project is consistent with overall national and sectoral objectives and represents the best means of achieving the intended benefits. 4.8.2 The benefits of a transmission project are determined in terms of net additional energy flow through the system and improved reliability of power supply comparing the with and without project situations. Considering interconnected nature of power project, the benefits of transmission project should be analysis through system analysis. However, in view of considerable difficulties in getting data for system analysis, the benefits of a transmission are treated as non quantifiable and cost effectiveness analysis is carried out in terms of unit cost of transmission. 4.8.3 Financial cost of Transmission For the purpose of appraisal, the capital cost and the operating cost are worked out at market prices. Cashflow is prepared for the projected cost and the flow of energy in each year of their occurrence covering entire economic life of the project. The cost and the units transmitted are discounted at a pre-determined rate of discount as may be specified by the Government to workout unit cost of transmission (DFR4.4). It will be seen that cost of transmission by conventional method besides discounted cost of transmission will continue to be worked for the techno economic appraisal by CEA. It should also be clarified whether the beneficiary states have agreed to the transmission costs. 4.8.4 Economic cost of Transmission The objective of the economic analysis of transmission project is to determine the cost of transmission at their true resources cost to the economy as the financial cost of transmission may not reflect the true cost of power to the economy on account of distortions inherent in the market prices. While working out the economic cost of transmission, both the costs and power transmitted have to be valued at their true resources cost. This process involves removal of taxes and duties from the cost as they are not the cost to the society. Similarly, the subsidies are also not allowed as they are only transfer payments. The foreign exchange being scarce, there is certain amount of premium on it. All the imported items such as plant and machinery have to be valued at CIF prices. Apart from adjustment in the cost, the economic analysis also covers the impact of the proposed project on the power system. As a result of the proposed project becoming operative, there may be some improvement in reliability of the system. This aspect Page 22 of 39 should be quantified and valued as far as possible. If it is not possible, then, the envisaged improvement in system reliability should be described fully. 4.8.5 Like wise the financial analysis, cash flow for the economic analysis will also be prepared on the similar lines covering the capital cost and operating cost in the economic terms and the proposed energy flow in the system for each year during the life of the project. These cash flow will be discounted at a rate specified by the Government to arrive at the economic cost of transmission. 4.9.0 Sensitivity Analysis 4.9.1 It is assumed that the DFR is prepared on the basis of, as far as possible, realistic assumption of demand supply gap, capital cost estimates, gestation period, operating cost estimates, production build-up, turnover, economic life, etc. But, the project is in the nature of a venture which means exposure to chance and some of the assumptions/ estimates may go wrong. Experience shows that in several areas assumptions have often gone wrong. It is, therefore, necessary to carry out sensitivity analysis to indicate the project’s financial viability when there are changes in the estimates of key parameters such as capital costs particularly the foreign exchange component, operating cost etc. The extent of changes in the key parameters should be based on the past experience relating to the sector. 5. DELAYS IN THE PERFORMANCE 5.1 Timely implementation of the project shall be as per the provision mentioned in the agreement. 5.2 In case of delay in the implementation of the project and/or any delay in performance during the contract period, the Consultant shall be liable to any or all of the following actions: (i) Imposition of Liquidated Damages. (ii) Forfeiture of performance guarantee. (iii) Termination of the Contract for default. 5.3 If at any time with respect to commencement of the project as required under sub clause 4.2 or during performance of contract the Consultant may face difficulties impeding timely completion of the project under the contract and/or performance of services, the Consultant shall promptly inform the department in writing of the fact of the delay within 24 hours and its causes and likely duration. As soon as practicable, after receipt of the Consultant notice, the department shall assess the situation and may at its discretion extend the time for commencement and/or performance with or without Liquidated Damages. Page 23 of 39 6. LIQUIDATED DAMAGES 6.1 In the event of failure of the implementation of the project by the Consultant as per the provision mentioned in the agreement, the Department reserves the option to recover liquidated damages, and not by way of penalty, for late implementation from the Consultant in the following manner:S.No. Details of delay (i) For delay upto 25% of the implementation period For delay of more than 25% and upto 50% of the implementation period For delay of more than 50% and upto 75% of the implementation period. For the delay more than 75% of the implementation period (ii) (iii) (iv) 6.2 Liquidated Damage to be charged 2.5% of the offer price 5% of the offer price 7.5% of the offer price 10% of the offer price (maximum) The aforesaid chargeable liquidated damages, if not paid by the Consultant, would be recoverable under the relevant provisions of Public Damage Recovery Act’1914 by the JUSNL. 7 7.1 NO CLAIM ARRANGEMENTS The Consultant shall not be entitled to make any claim, whatsoever, against the department, under by virtue of or arising out of, this contract, nor shall the department entertain or consider any such claim, if made by the Consultant and Consultant shall have to sign a "no claim" certificate in favor of the department in such forms as shall be required by the department after the expiry of the agreement. 8 8.1 QUALITY STANDARDS Standards: The services provided under this agreement shall conform to the standards mentioned in the Technical Specifications, and when no standards are mentioned, than the international standards shall be applicable. The Detailed Project Report shall be prepared as per the prevailing survey standards, investigation standards, sub-studies etc. but not limited to the scope mentioned. 8.2 Standard of Performance: The Consultant shall carry out the services and carry out its obligations under the agreement with due diligence, efficiency and economy in accordance with generally accepted norms, techniques and practices used in the industry. He shall also employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. Page 24 of 39 9 NEGATION OF CORRUPT PRACTICES 9.1 JUSNL is a public utility service and requires serving honestly, diligently and timely. The Consultant would be the assisting agency of the department, therefore, he is also required to maintain highest standards of honesty and ethics. The Consultant is advised to refrain from the corrupt and fraudulent practices during the execution of the contract. Corrupt and fraudulent practices are defined as follows:- 9.1.1 “Corrupt Practice” means behavior of Consultant including his personnel by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value. 9.1.2 “Fraudulent Practice” means a misrepresentation of facts in order to influence, and collusive practices of the Consultant. 10 DETAILS TO BE KEPT CONFIDENTIAL 10.1 The consultant shall treat the details of the agreement as private and confidential, save in so far as may be necessary for the purposes thereof, and shall not publish or disclose the same or any particulars thereof in any trade or technical paper or elsewhere without the prior consent in writing of the department. If any dispute arises as to the necessity of any publication or disclosure for the purpose of the agreement the same shall be referred to the Principal Secretary, Urban Development Department, whose decision shall be final. 10.2 The Consultant or his representative should neither disclose the data nor sell the data or use it for commercial exploitation or research work without the written permission of the Principal Secretary, Urban Development Department. 11 TRANSFER OF RIGHTS 11.1 The Consultant shall not transfer the agreement or part of the agreement to anybody. 12 DECISIONS AND INTERPRETATION 12.1 Except where otherwise specifically stated, the office designated by JUSNL will decide the agreed matter between the department and the Consultant and the matter shall be referred to M.D., JUSNL, whose decision would be final and binding on both the parties. 12.2 In case of dispute over the interpretation of any clause of agreement, decision of M.D., JUSNL shall be final and binding. Page 25 of 39 13 SUSPENSION 13.1 The JUSNL may, by a written notice to the Consultant, suspend the agreement if the Consultant fails to perform any of its obligations under this agreement, including the carrying out of the services. Provided that such notice of suspension: (i) Shall specify the nature of the failure, and (ii) Shall direct the Consultant to rectify such failure within a specified period from the date of receipt of such notice of suspension. 13.2 No payment shall be made to the Consultant for such suspended period and no damage shall be claimed on account of this suspension 14 DISQUALIFICATION 14.1 JUSNL, in its sole discretion and at any time during the processing of Offers, may disqualify any Applicant Firm from the offer process, if: 14.1.1 Firms not meeting eligibility criteria. 14.1.2 Firms made misleading or false representations in the forms, statements and attachments submitted in proof of the eligibility requirements. 14.1.3 A Offer not valid for at least 180 days shall be considered as non-responsive and would be disqualified. 14.1.4 If found to have record of poor performance such as abandoning works, not properly completing the agreement, inordinately delaying completion, being involved in litigation or financial failures, etc. 14.1.5 Submitted Offer which is not accompanied by required documents is non-responsive. 14.1.6 Failed to provide clarifications related thereto, when sought. 14.1.7 Submitted more than one Bid. This will cause disqualification of all Bids submitted by such applicants. 14.1.8 Bidders, who are found to canvass, influence or attempt to influence in any manner the qualification of selection process, including without limitation, by offering bribes or other illegal gratification shall be disqualified from the process at any stage. 15 TERMINATION OF THE CONTRACT 15.1 The department shall have a right to cancel the agreement if the Consultant commits breach of any condition. Breach of agreement include, but are not limited to, the following: 15.1.1 It is found that the time schedule of implementation of the project is not being adhered to, 15.1.2 The Consultant stops work & such stoppage has not been authorized by the Urban Development Department. 15.1.3 The Consultant may become bankrupt or goes into liquidation, Page 26 of 39 15.1.4 The department gives notice to correct a particular defect/irregularity and the Consultant fails to correct such defects/irregularity within a reasonable period of time determined by the department, 15.1.5 In case the Consultant fails to carry out the instructions/orders issued by the JUSNL from time to time during the currency of the agreement and fails to comply with the laws applicable in the State 15.1.6 The Consultant fails to deliver any or all of the obligations within the time period(s) specified in the agreement, or any extension thereof granted by JUSNL. 15.1.7 The Consultant fails to perform any other obligation(s) under the agreement. 15.2 Because of breach of agreement by the Consultant for any of the above reasons, the JUSNL shall have the right to terminate the agreement and forfeit the security deposit and invoke the performance bank guarantee. 16 CESSATION OF RIGHTS AND OBLIGATIONS 16.1 Upon termination of the agreement, or upon expiry of this agreement, all rights and obligations of such parties hereunder shall cease, except: 16.1.1 Such rights and obligations as may have accrued on the date of termination or expiry. 16.1.2 The obligation of confidentiality set forth. 16.1.3 Any right which a party may have under the applicable law. 17 CESSATION OF SERVICES UPON TERMINATION 17.1 Upon termination of the agreement, the Consultant shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the services to a close in a prompt and orderly manner. 18 DISPUTE RESOLUTION 18.1 The JUSNL and the Consultant shall make every effort to resolve amicably by direct negotiations, any disagreement or dispute, arising between them under agreement. 18.2 If after 30 days from the commencement of such direct negotiations, the dispute is not resolved it shall be referred to M.D., JUSNL where decision shall be final and binding upon both parties. 18.3 Pending the submission of and/or decision on a dispute, difference or claim or until the matter is decided by M.D., JUSNL the Consultant shall continue to perform all its obligations under this agreement without prejudice of final adjustment in accordance with such award. Page 27 of 39 18.4 The Department may terminate this agreement, by giving a written notice of termination of minimum 30 days, to the Consultant, if the Consultant fails to comply with any decision delivered by M.D., JUSNL. 19 FORCE MAJEURE 19.1 Notwithstanding the provision of Clause 17.0, 18.0 and 25.0, the Consultant shall not be liable for liquidated damages or termination for default, if and to the extent that, its delay in performance or other failure to perform its obligation under the agreement is the result of an event of Force Majeure. For purpose of this Clause, “Force Majeure” means an event beyond the control of the Consultant and not involving any fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the JUSNL either in its sovereign or agreemented capacity, wars or revolution, fires, floods, epidemics, quarantine restrictions and freight embargoes. But does not include failure of electricity, printing system or non-availability of raw material as a cause beyond control. 19.2 If a Force Majeure situation arises, the Consultant shall promptly notify the department in writing within 24 hours of such conditions and the cause thereof. Unless otherwise directed by the department in writing, the Consultant shall continue to perform its obligations under the agreement as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. The Department may terminate this agreement, by giving a written notice of minimum 30 days to the consultant, if as a result of Force Majeure the Consultant is unable to perform a material portion of the services for a period of more than 60 days. Page 28 of 39 Form T – 1 BIDDER DETAILS 1. Name of bidder 2 (a) Address of bidder (b) Phone no: (c) Fax no. (d) E mail (e) 3 (a) Website Name of authorized signatory to bid (b) Designation (c) Phone (Landline) Phone (Mobile) (d) Fax (e) Email 4 NAME, address, Tel No. Fax, email at which communication to be sent in respect of bid Names of the present Proprietors/ Partners/Board of Directors 5 Page 29 of 39 Form T – 2 The firm’s experience of the last five (5) year in the field of assignment (Please also enclosed the supporting documents) S. No. Name of Nature Name of the Total Cost Date of Status of Remarks the Project of the Department of the commencement the about the project Project of the Project Project completion of the project by the concerned Department 1 2 3 4 5 6 7 8 (Signature of Consultant and seal) Page 30 of 39 Form T – 3 The qualification & Competence of the personnel proposed for the assignment. Sl. No. Name of the Academic Experience person Qualifications in the concerned respective field 1 2 3 4 Experience in the prestigious studies / Projects funded by private / public sector / multilateral funding agencies in Asia 5 Remarks 6 (Signature of Consultant and seal) Page 31 of 39 Form T – 4 FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY STAFF 1. Proposed Position: 2. Name of Staff: …………………………………………………………………………. 3. Date o f Birth: …………………………………………………………………………. 4. Nationality: …………………………………………………………………………. 5. Educational Qualification: 6. Membership of professional societies: 7. Publications: 8. Employment Record: (List all positions held by staff member since graduation, giving dates, names of employing organization, title of positions held and location of assignments. For experience period of specific assignment must be clearly mentioned along with certificate for the Team Leader,). 9. Summary of the CV (Furnish a summary of the above C V. The information in the summary shall be precise and accurate. The information in the summary will have bearing on the evaluation of the CV.) 9.1 Education: (i) Field of Graduation and Year (ii) Field of post graduation and year (iii) Any other specific qualification 9.2 Experience …………………...…..Years. (i) Total experience in Transmission Sector: (ii) Responsibilities held: …………………………………..Years. (iii) Relevant Experience: …………………………………..Years. 9.3 Permanent Employment with the Firm (Yes/No): If yes, how many years: If no, what is the employment: Arrangement with the firm ? Certification: 1. I am willing to work on the project and I will be available for entire duration of the project assignment and I will not engage myself in any other assignment during the currency of his assignment on the project. 2. I, the undersigned, certify that to the best of my knowledge and belief, this biodata correctly describes myself, my qualification and my experience. Page 32 of 39 Signature of the Candidate ___________ Place ___________________ Date _________________ Signature of the Authorised Representative of the firm _________________ Place ______________________ Date ________________________ Note: Each page of the CV shall be signed in ink by both the staff member and the Authorized Representative of the firm. Photocopies will not be considered for evaluation. Page 33 of 39 Form T – 5 AFFIDAVIT I, …………………………………………. S/o ……………………………………………… Director of M/s ………………………………………… having its registered office at …………………………………………………… do hereby solemnly affirm and declare as follows: 1. That I have been authorized to execute this affidavit on behalf of this company by the Board of Directors vide its resolution passed on ………. 2. That the JUSNL vide advertisement published in …………………………….. had invited offers from consultants to constitute a panel of consultants. 3. That in response to the said advertisement as stated in paragraph (2) above, our firm has submitted its proposal to the JUSNL. 4. That the proposals of our firm M/s ……………………………………….. containing necessary information and particulars furnished as per given Performa, detailing therein : a. Firm’s general experience in the field of assignment / work. b. The qualification and Competency of the personnel for the assignment. 5. That our firm have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial authority or a judicial pronouncement or arbitration award against our firm, nor our firm have been expelled from any project or contract by any public authority nor have had any contract terminated by any public authority for breach of our part. 6. That our firm during the last three years, neither failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against us. That the statements made in paragraph 1 to 6 of the foregoing affidavit as above are true to my knowledge and belief and if anything is found contrary, I stand liable to be prosecuted under appropriate Act / laws in force. Solemnly affirmed by the said ………………………………. at …………………….. on this the …………………………… day of …………………… 2013. Deponent : Identified by me : Page 34 of 39 Form F – 1 CERTIFICATE AS TO CORPORATE PRINCIPAL I ………………………………………….. certify that I am the Secretary of the Corporation/Company, set up under the laws of …………………………………………… and that …………………………………………. (Name and Designation) who signed the above tender is authorized to bind the corporation by authority of its governing body. (Signature of Secretary and Seal) Page 35 of 39 Form F–2 CERTIFICATE I undertake to abide by the terms and conditions as laid down in the offer documents by this Department and also follow the instructions given by the Department (to be read with Terms and Conditions). Signature : Name of the person with Designation : Name of the Firm : Page 36 of 39 Form F–3 PERFORMANCE BANK GUARANTEE The Urban Development Department, Government of Jharkhand has invited bids for appointing a consultant for offering Project Management Consultancy services regarding (Name of the project)………………………………….. in the State of Jharkhand. M/s. . .............................................................................. submitted their proposal with reference to the said bid The JUSNL has since decided to award the contract to M/s………… .................................................................................................... …vide their letter of intent no……………. dated……………… directing M/s………… .. …. to submit Performance Bank Guarantee ofRs. . ....................................................................... M/s.. ..................................... … ................................... has requested us to furnish above bank guarantee valid upto …………………………………………Considering the request, we .…… ............................................. do hereby undertake to pay to the JUSNL an amount not exceeding Rs. ……..… lakhs on demand by JUSNL in case of failure of M/s ………… in fulfilling the obligations properly and timely under the said contract. We ......................................................... … do hereby undertake to pay theamount payable under this guarantee without demur, merely on a demand from JUSNL. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. Our liability under this guarantee shall be restricted to an amount not exceeding Rs. …………………………… lakhs. This guarantee would remain in full force upto………………. Unless the demand as claim under this guarantee is made on us in writing on or before ………………………………………, we shall be discharged from all liabilities under this guarantee thereafter. We undertake to pay unconditionally to The Urban Development Department, Government of Jharkhand any money so demanded and our liability under this guarantee being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability from payment there under and M/s. …………………shall have no claim against us making such payment. This guarantee will not be discharged due to the change in the constitution of the Bank or consultant. We undertake not to release this guarantee during its currency except with prior consent of JUSNL in writing. “Notwithstanding anything herein contained; our liability under this Guarantee shall: (A) Be limited to a sum of Rs…………….lakhs (Rupees………………….…..lakhs) only. (B) Stand completely discharged and all our rights under this guarantee shall stand extinguished, if no claim or demand is made upon us in writing on or before ……….” Date…………………………. Signature for and on behalf of Bank Page 37 of 39 Transmission Projects Salient Features of the Project (This is not applicable to the tender document) DFR 1.1 A. 1. 2. 3. 4. 5. 6. Identification Characteristics Name of the project: Location (District/ State) Implementation Agency Department/ Ministry sponsoring the project Sector Objectives/ nature of project (Grassroot/expansion/ replacement/ rehabilitation/ modernization) Physical Characteristics B. 1. i) Transmission Lines – Voltage level – SC/ DC – Line Length (CKT, KM) ii) Sub-Stations – Number – Capacity (MVA) – Load demand – (Voltage wise) 2. Total anticipated flow of energy through the project (M.kWh) 3. Linkages i) Power Generating Projects – Name – Capacity (MW) – Anticipated no. of units likely to flow through the proposed transmission projects ii) Connecting the – Regional grid/ State/ Consumer – Share in terms of energy of each region/ state/ consumer 4. Transmission Losses 5. Land – Total requirement (Include requirement for right of way, substations etc.) – Availability (Specify, whether Government land or privately owned (areawise), status of acquisition – No. of families affected/ requiring rehabilitation (if any) – Whether agriculture or non-agriculture (Present use may be specified) C. Financial and Economic Characteristics 1. Total Capital cost (Rs. Crores) 2. Foreign exchange component (Rs. Crores) 3. Exchange Rate: Page 38 of 39 4. Interest during construction (Rs. Crores) (included in C-1) 5. Working Capital margin (Rs. Crores) 6. Funding arrangement for indigenous cost (IC) and FE 7. Total system cost (Rs. Crores) 8. Base date of capital cost (month/ year) 9. Annual operation and maintenance cost (at ……% cap. ut.) (Rs. Crores) D. Evaluation indicies Cost of Transmission* (Rs./ Kwh) 1 (i) 2 Financial (ii) Economic** ____________________________________________________________ *This has to be worked out at a discount rate specified by the Government. **With premium on foreign exchange and other shadow prices as specified by the Government. E. Commissioning Schedule a) Transmission Lines 1. From the date of sanction to commissioning: ……………. Years …………. Months. b) Sub-Stations 1. From the date of sanction to commissioning: ……………. Years …………. Months. Page 39 of 39
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