MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD.

Transcription

1 SEC-I MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. BID DOCUMENTS FOR PURCHASE OF POWER (COMPETITIVE BIDDING) COMMERCIAL AND GENERAL CONDITIONS TENDER NO.CE(PP)T-1/ CHIEF ENGINEER (PP) POWER PURCHASE CELL, PRAKASHGAD, 5 TH FLOOR, STATION ROAD, BANDRA (EAST), MUMBAI , PHONE : (P) Fax No

2 SEC-I SECTION - I INSTRUCTION TO THE TENDERERS 1.0 WHO CAN BID The bids are invited from Licensees, Power Traders, SEBs, IPPs, Merchant Power Plants, Power Generating Companies, Captive Power Plant Owners from all over India. The companies already having PPAs with MSEDCL cannot offer the power already committed under EPA. 2.0 REQUIREMENT FROM TENDERERS: 2.1 The Tenderer shall provide satisfactory evidence regarding: (a) The tenderer does not anticipate change in the ownership during the proposed period of contract (if such a change is anticipated, the scope and effect thereof shall be defined). (b) The tenderer has adequate financial status to meet the financial obligations pursuant to the scope of the contract (The tenderer should submit authentic copies of last three years profit and loss account, balance sheet and a Solvency Certificate from a nationalized bank to the extent of Rs. 5 Crores) (c) The tenderer has adequate organizational set up to provide the necessary management services required to successfully supply of power as required by the documents, if any. 2.2 The above stated requirements are a minimum and the purchaser (the MSEDCL, hereinafter called the purchaser) reserves the right to ask for any additional information / data and also reserves the right to reject the proposal of any tenderer, if in the opinion of the purchaser, the qualification data is incomplete or the tenderer is found not qualified to perform the contract satisfactorily. 2.3 Besides the above requirements the tenderer shall also fulfill the qualifying criteria laid down in the special terms & conditions wherever specified. Bids of the tenderers who do not fulfill the above qualifying conditions including the qualifying conditions specified in the tender documents, shall be summarily rejected. The tenderer shall submit following information alongwith the tender, 1) Earnest Money Deposit (EMD) payment details 2) Quantum of Power available to be supplied. 3) Confirmation from Generator /supplier regarding availability of power during tender validity period. 4) The tenderer should disclose the rate of generator and the valid evidence in this regard shall be submitted alongwith tender document. 5) Experience for supply of power. 6) In case of trader, valid power trading license from the appropriate commission as per Electricity Act ) Source, Corridor through which power shall be transmitted and delivery point. 2

3 SEC-I 3.0 PRICE: (a) The rate per KWh shall be quoted by trader as per Annexure A. (b ) The tenderer shall quote prices in Indian Rupees only. 4.0 QUOTATION: Tenderer shall quote price per unit in figures as well as in words. Any variation in the rates, etc. will not be allowed on any ground such as mistake, misunderstanding, etc. after the date and time of submission of tender. In case of difference between rates in figures and words it will be considered to read the rates advantageous to the MSEDCL. The rates should be valid upto CLARIFICATION OF TENDER DOCUMENTS : The tenderer is expected to examine all instructions, forms, terms and specifications in the tender documents. Failure to furnish all information required under the tender documents or submission of tender not substantially responsive to the tender documents in every respect will be at the risk of the tenderer and may result in rejection of his tender. 6.0 LOCAL CONDITIONS : It shall be imperative for each tenderer to fully inform himself of all local conditions and all other factors which may have any effect on the execution of the contract covered under these documents and specifications. The tenderer shall also make enquiry and satisfy himself about the contingencies, risk and other circumstances, which may influence or affect the execution of the contract as specified in this tender specification. The MSEDCL shall not entertain any request for clarification from the tenderers regarding such local conditions. It shall be presumed by the MSEDCL that all such factors, conditions, etc. have been properly investigated and considered by the tenderer while submitting his tender. Neither any change in the time schedule of the contract nor any financial adjustments arising thereof, shall be permitted by the MSEDCL. 7.0 DISCLOSING THE NAME OF THE GENERATING COMPANY The tenderer shall specifically disclose the name and rate of the Generating Company from which he proposed to purchase the power for supply to the MSEDCL. The valid evidence in this regard shall be submitted alongwith tender document. 8.0 CONSTITUTION OF TENDERER : The tenderer shall indicate the nature and constitution of its organization viz. whether proprietary, partnership, Public Ltd. or Private Ltd. Co. In support the tenderer should attach xerox copy of the Certificate of Registration issued by the respective authority under the respective laws. (a) In case of proprietorship the tender shall be signed either by Proprietor or his duly authorized representative. In the event it is signed by the authorized 3

4 SEC-I (b) (c) representative, the tender shall be accompanied by the Power of Attorney executed in favour of the authorized representative. In case of partnership firm the tender shall be signed either by the Managing Partner or authorized Partner / representative and in support thereof the Resolution of the partners duly notarized shall be accompanied with the tender. In case of Company registered under the Companies Act, the tender shall be sealed and signed by the Managing Director, or the authorized representative supported by the Resolution of the Board of Directors of the Company. The tenderer shall indicate the name of the person who signed the tender along with his designation. 9.0 EARNEST MONEY DEPOSIT (EMD): The tenderer shall pay the Earnest Money Deposit as mentioned below along with the tender. The tender without the payment of Earnest Money Deposit shall be summarily rejected. (a) Unless the tenderer is exempted on account of statutory directives as enlisted in clause (i) below Earnest Money shall be paid in the office of The General Manager (SB), MSEDCL, Prakashgad, 1 st Floor, Station Road, Bandra(East), Mumbai by Demand Draft drawn on the Scheduled Bank in Mumbai as follows. Demand Draft should be drawn in favour of Maharashtra State Electricity Distribution Co. Ltd. : The Earnest money deposit payable along with the tender shall be Rs. 5,00,000/- (Rupees Five Lakhs). (i) All Government and semi Government Institutions under Government of Maharashtra and fully owned undertaking of any State Government and Government of India are exempted from payment of E.M.D (b) (c) The relevant deposit amount and receipt No. should be mentioned in the tender. No interest shall be paid on the Earnest Money Deposit. In the event the tenderer withdraws his offer during the validity period and fails to supply power after L.O.I. the Earnest Money Deposit (EMD) shall stand forfeited EARNEST MONEY. OF UNSUCCESSFUL TENDERER : Earnest Money Deposited (EMD) shall be returned to the unsuccessful tenderer as soon as possible after the tender has been finalised, and on submission, of money receipt of E.M.D. payment to General Manager, (SB), Prakashgad, 1 st Floor, MSEDCL, Station Road, Bandra (East), Mumbai

5 SEC-I 11.0 SIGNING OF THE TENDER DOCUMENTS: Offer shall be submitted along with the tender documents and be clearly and legibly filled in with all sections / Annexures / Appendixes / Schedules, etc. and must be either in ink or typewritten. Offer and all documents, comprising of tender details, tender form, conditions of tender and supply, Annexures, Appendices, questionnaires, and other documents should be sealed & duly signed on each page and corrections, if any, to the information filled in should be duly initial by the tenderer. Overwriting corrections, additions should be avoided, however, if necessary, each such correction / overwriting should be duly initialled. Tender not signed and/or initialled as above is liable to be rejected TIMELY SUBMISSION OF OFFER: (a) The tenderer shall submit the tender either by registered post or in person in the office of Chief Engineer (PP), Power Purchase Cell, 5 th Floor, Prakashgad, MSEDCL, Bandra (E), Mumbai, before the time & date indicated in tender notice. Telegraphic offer or offers received in the form of telex messages, or by cable or fax or shall not be entertained and not considered under any circumstances. (b) The tenderer should ensure that the tender sent by registered post should reach before the due date & time of submission of tender. The MSEDCL shall not be responsible for the postal delay in receipt of offer of the tenderer. (c) Offer received after the due date and time of submission shall not be accepted. Tender received in person or by post after the due date and time of submission shall not be opened and no correspondence shall be entertained SUBMISSION/SUPERSCRIBING OF THE TENDER DOCUMENTS: The tender shall be submitted in a single packet containing two sealed covers: Cover I : Containing Technical Bid (Qualifying technical documents and EMD) Cover II : Containing Financial Bid (Annexure A) Date and time upto which tenders can be submitted : 20 th Feb 2007, Hrs 13.1 OPENING OF BID: First Technical Bid will be opened at the time of bid opening. After scrutiny of the technical bid, the financial bid of only those tenderer(s) will be opened who are declared technically qualified. Date of opening of bids : 20 th Feb 2007, Hrs 14.0 QUANTITIES OFFERED : The quantity offered for supply of power and rate should be filled in prescribed Column of Annexure A, failing which offer will be treated as No Offer and rejected. 15. INFORMATION REQUIRED WITH TENDER : (a) The tenderer shall clearly indicate his organizational structure such as man power, financial position etc. available for execution of contract. Such 5

6 SEC-I (b) information should be furnished in separate sheet in cover 1. In case of any deviation as regards the specification, the tenderer shall clearly indicate in separate sheet Schedule C of Technical & Commercial deviation schedule. (c) The tenderer shall give the full address along with Telephone No. FAX, E- mail etc. for the purpose of correspondence. The letters/notices served or left upon said address shall be deemed to have been served upon the tenderer or contractor. The tenderer shall immediately communicate the change in address, Telephone, Fax, etc., if any. Failure to intimate such change, any letter or notice served upon original address of the tenderer shall be deemed to be received by the tenderer/contractor. (d) Verbal statement or information furnished by the tenderer as regards the quality, quantity, arrangement of work or any other matter connected to the tender shall not be considered PRINTED TERMS OF THE TENDERER : Tenderer s printed terms and conditions shall not form as part of the tender FILLING IN OF QUESTIONNAIRE : Tenderer is requested to ensure that the comments against each and every item/ clause of Annexure / Section / Questionnaire shall be clearly filled in and answered. No item /clause shall be left blank or unanswered. If any item / clause is not applicable, the words Not Applicable shall be written against it. (Annexure D) 18.0 LANGUAGE OF THE TENDER : The tender filled in by the tenderer and all correspondence & documents relating to the tender exchanged between the tenderer and Purchaser shall be written in English language. Any document furnished alongwith the tender in a local vernacular language shall be accompanied with the English translation AMENDMENT OF THE TENDER : At any time prior to the date of opening of the tender, the purchaser may for any reason, whether at its own initiative or in response to a clarification required by the tenderer, modify the tender documents by an amendment will be notified in writing or by telex or by cable to all the prospective tenderers who have received the tender documents and will be binding on them. In order to afford tenderer reasonable time, in which to take the amendment in time in preparing the bids the purchaser may at its discretion extend the date of opening of the tender DISREGARD OF TENDER CONDITIONS: The MSEDCL reserves the right to reject any tender, which does not confirm to any of the conditions / instructions,etc. Tender containing any deviations / additions / alterations / changes in the conditions of tender are liable to be rejected. 6

7 SEC-I 21.0 If the tenderer having signed all the tender documents, indicates any deviations / additions / alterations / changes in the covering letter, annexures, schedules of the offer or elsewhere, the same shall be ignored EXAMINATION OF TENDERS : The tenderer shall furnish all the data, and other information / documents as per schedules attached to this specification, duly signed with the seal of the company, as a token of acceptance. The purchaser reserves the right to reject any offer for lack of any data as called for in the schedules and particularly in the technical details. After the opening, the purchaser shall examine the tenders to determine whether they are complete, whether required confirmations have been furnished, whether the documents have been properly signed and whether the tenders are generally in order POLICY FOR TENDERS UNDER CONSIDERATION : The tenders shall be deemed to be under consideration immediately after they are opened and until such time the official intimation of award / rejection is made by the purchaser to the tenderers. While the tenders are under consideration, the tenderers and / or their representatives or other interested parties are advised to refrain from contacting by any means, the purchaser and / or his employees / representatives on matters related to the tender under consideration. The purchaser, if necessary, shall obtain clarifications on the tender by requesting for such information from any or all the tenderers in writing, as may be necessary. All unsolicited correspondence, discussions, etc. by the tenderer after opening of the price bid shall be treated as post tender development / information and shall not be considered for tender evaluation purpose ACCEPTANCE OF TENDER : The MSEDCL reserves its right to accept or reject any tender either fully or partially without assigning any reasons. It is also not binding on the MSEDCL to disclose any analysis report on tender. The tenderer on the other hand binds himself to supply power from his offer in part or whole at the option of the MSEDCL AMBIGUITY IN QUOTATION: The tenderer shall ensure that he should quote the tender in clear terms and only fill in the blanks wherever required. Any ambiguity in the terms and conditions may lead the rejection of tender. The tenderer should note that there shall be no deviation in respect of the following terms specified in tender documents and the deviation if any, the tender shall be liable for rejection. (I) Payment of Earnest Money Deposit. (II) Terms of payment. (III) Period of validity of offer. (IV) Jurisdiction of Court. (V) Default of contractor & termination thereof WITHDRAWAL OF INVITATION OF TENDER : 7

8 SEC-I The MSEDCL reserves its right to withdraw the invitation of tender at any time before its acceptance is communicated to the successful tenderers NAME OF AGENT / REPRESENTATIVE : The tenderer shall clearly state in Annexure D, the name of the proprietor or partner of the firms or Director of the company, as the case may be, who will deal with & execute the order / contract, if awarded. In case the tenderer authorizes the agent or the representative to deal or execute the contract on behalf of the tenderer the name and address of such person should be clearly specified in Annexure D. The tenderer shall submit the Power of Attorney in favour of agents / representative duly executed before the Notary. In the absence of the power of attorney, the MSEDCL shall not deal with the agent / representative NOTIFICATION OF AWARD OF CONTRACT : The notification of Award of contract sha11 be communicated to the successful tenderer by Letter of Award (LOA) by registered post or hand delivery or telegram or Fax or Telex or Cable as the MSEDCL deems it fit, which shall be followed by letter of confirmation by registered post. It shall be noted that the contract shall be concluded on notification of award of contract VALIDITY OF THE TENDER : The validity of tender is as indicated by the bidder and once offer is accepted and order is placed with trader the rate offered shall be valid upto PROCEDURE FOR SUBMISSION OF TENDER The tenderer shall note that all Section / Annexures etc. to be submitted along with the tender shall be signed by the tenderer as under - (Signature of the tenderer) Full name & designation : Company : Date : Seal of the Tenderer Failure to follow this procedure shall render the tender incomplete and shall be liable for rejection. The offer of the tenderer shall be submitted in the form of covering letter prescribed annexed as Annexure-1 8

9 To, The Chief Engineer (PP), Power Purchase Cell, Maharashtra State Distribution Co.Ltd., Prakashgad, 5th Floor, Bandra(E), Mumbai ANNEXURE-I TO SECTION -I Sub : Supply of Electrical Energy (Power)against Tender No. CE (PP)/T-1/ to be opened on Dear Sir, We hereby offer to supply of Electrical Power as detailed in your tender specification and in accordance with the terms and conditions thereof. We have carefully perused the above tender specification connected with the work and agree to abide by the same. i) We are enclosing herewith Earnest Money Deposit amounting to Rs... (Rupees..) in the form of crossed Demand Draft as specified in clause No. 9 of Section-I of your tender specification. We have accepted all terms & conditions of the tender specification and have indicated the deviations in terms and conditions in Annexure-C and confirm that these are the only deviations from your specifications and all other terms and conditions of your specification are acceptable to us. CERTIFICATE : I/We agree to supply the power at the rates herein tendered by me/us subject to the conditions of tender of this tender which I/We have carefully read and which I/We thoroughly understood and to which I/We agree. I/We hereby agree to keep this offer open upto the date mentioned at Sr.No. 31 of tender details & 2.3 of Section-I and shall be bound by communication of acceptance dispatched within the validity period. We further agree to execute the contract before start of supplying power to purchaser, if awarded referred to in your tender specification as per the terms and conditions specified therein. We are enclosing herewith Section-I, and other Schedules and Annexure as per the tender, duly signed. Thanking you.. Encl : Terms & Conditions Section I Annexure Yours faithfully, Name :.. Designation :... Company :. Seal of the Company : (Signature of the tenderer) 9 SEAL & SIGNATURE OF THE TENDERER

10 MAHARASHTRA STATE ELECRICITY DISTRIBUTION CO. LTD. QUESTIONNAIRE TO TENDER ANNEXURE - D (To be returned duly filled in & signed) Sr. No. Particulars Comments of the Tenderer 1. EARNEST MONEY DEPOSIT : Whether Earnest Money Deposit as required has been paid by you and if so, indicate Money Receipt no. & date (Please refer Cl.No 9.0 of Sec-I). 2. Note : The tenderers claiming exemption from payment of E.M.D. should submit copy of documentary proof in support of their claim, duly sealed & signed failing which, the offer will be summarily rejected. 3. STATUS OF TENDERER : a) Whether you are a Generator /Trader/IPP/ Merchant Power/CPP b) In case you are a trader, please indicate name and address of power trading company whose power you have offered and valid license to be obtained from appropriate commission. c) Details of PPA already signed with power utilities in the state of Maharashtra if any 4. TYPE OF CONCERN: a) Please indicate the type of concern, i.e. whether proprietary, partnership, private limited or limited company. b) Please indicate location of your Gen. Station/Corridor. c) Please indicate full addresses for correspondence against this tender and against the contract, if awarded. Telegraphic address, telex, telephone nos. etc. as may be available be also indicated. d) Please give the names & full addresses of all the partners in case, yours is a partnership firm. Similarly, please indicate the names & full addresses of the Proprietor / Directors of your concern in case your concern is a proprietary, private limited or limited company. 10 SEAL & SIGNATURE OF THE TENDERER

11 Important Note : It is imperative for the tenderer to indicate the name of the partners / proprietor / Directors etc. (as the case may be), against this query failing which, the offer shall be summarily rejected. e) In case yours is a proprietary concern please state that you have not participated against this tender in the name of other company of which you are the sole proprietor. 5. NAME OF AGENT/ REPRESENTATIVE : Whether you have appointed any agent / representative and if so, please mention the name and full address of the agent / representative. (Note : Tenderers are requested to note that in case the agent / representative is changed after the submission of the offer, such changes will be notified by the tenderers immediately). 6. PAST PERFORMANCE ( if any) a) Whether you have received any order for power supply from Maharashtra State Electricity Board or MSEDCL any time, if so, please give order / orders No., details of execution of the same, pending supplies etc. programme of your completion. ( If necessary, separate statement be enclosed) b) Whether you have received any order/ orders for power supply from other Electricity Boards, Public Undertakings, Government Departments etc. and if so, please furnish the order reference, value of the order, details of execution, pending supplies etc. 7. RELATIONS IN THE MSEDCL : i) Please intimate if you or your agent have relations in the MSEDCL. ii) If yes, give full Name & Designation and address of the relations(s). 8. FOLLOWING DETAILS ABOUT YOUR COMPANY MAY BE FURNISHED : a) Assessed Capacity per month of the unit, quantitative with documentary evidence. b) Liability, quantitative as on date of the offer and programme for completion of the same, i.e. detailed list of pending orders and the programme of completion. (ii) Turnover per annum for for the last three years duly certified by Chartered Accountant. 11 SEAL & SIGNATURE OF THE TENDERER

12 31.0 SPECIAL TERMS AND CONDITIONS FOR POWER PURCHASE TENDER 1. Technical & Financial profile of Bidder The bidder should have his own arrangement for supply or have firm tie up for purchase of power from other sources. Evidence of past experience may please be submitted alongwith the offer (if any) This condition will not apply for direct offer from a State Electricity Board or State Owned Generating company whose offer is for sale of power directly. 2. The identification of source wise power supplied during peak/off peak hrs are to be incorporated in respective Regional Energy Accounting (R.E.A) The delivery point should be the point of interconnection of Maharashtra and with Western /Southern Region Central Transmission System. Tenderer should mentioned the point of supply clearly. The billing will be done on the basis of EREB/WREB REA (both should tally). 3. Penalty Clause: a) There shall be no penalty for supply of power on day ahead basis. b) For short term power purchase without prejudice to provisions of force majeure, if bidder fail to supply less than 80% of quantum approved by WRLDC (OA), the difference between approved quantum and supplied quantum (less than 80%) will be treated for levy of penalty at the rate 50 paise per KWh. Without prejudice to provisions of force majeure, if MSEDCL fails to schedule supply less than 80% of quantum approved by WRLDC (OA) the difference between approved quantum and supplied quantum (less than 80%) will be treated for payment of penalty at the rate of 50 paise per KWh by MSEDCL. c) No payment will be made towards energy charges for the supply over and above schedule given by WRLDC. 4. The Bidder should preferably supply quantum of power from one source (Generator) only. If quantum of power is supplied from different sources, it should be identified clearly. 5. The Bidder should not change the corridor once the order is issued for supply of power. MSEDCL will not bear the extra Open Access charges due to change in corridor for power supply. 6. The tenderer should book only one source/corridor as per order, whenever the corridor is not available and tenderer desires to supply the contracted quantum of power through other source/corridor, then tenderer should obtain prior permission of MSEDCL. If tenderer supplies contracted quantum through different source/corridor referred in order, then tenderer himself will be responsible for over & above charges toward, change in rate, Open Access charges, Transmission loss and scheduling charges etc. 7. Daily schedule will be intimated 24 hrs in advance and any revision in schedule will be intimated 1 ½ hrs in advance as per grid code. 8. The Bidder shall specify ex bus rate. 9. Mode of payment The Tenderer shall indicate mode of payment in their offer. 12 SEAL & SIGNATURE OF THE TENDERER

13 10. Discount for payment : If bills are paid within 7 days from the next day of receipt of the bill the discount if any shall be indicated by tenderers. 11. Validity of offer :- The validity of offer will be upto For any deviation /clarification in the terms & conditions of contract, decision of Director (Operation), MSEDCL, will be final and binding. 13. Jurisdiction of Contract : The laws applicable to this contract shall be the laws in force in India. The Courts of Mumbai, India shall have exclusive jurisdiction in all matters arising under and on accounts of this contract. 14. After receipt of Letter of Award or order for supply of power, the tenderer should immediately book the corridor for contracted quantum and period of supply and certificate to that effect shall be submitted to this office immediately. 15. Force Majeure: Any event which is beyond the control of the two agencies involved which they could not foresee or with a reasonable amount of diligence could not be prevented and which substantially affect the performance by either agency such as but not limited to a) Acts of God, natural phenomena, including but not limited to floods, droughts, earthquakes and epidemics. b) Acts of any Government domestic or foreign, including but not limited to war declared or undeclared, hostilities, priorities, quarantines, embargoes: c) Riots or Civil Commotion or sabotage. d) Grid failure not attributable agencies involved. e) Heavy rain / flood /storms due to which failure of evacuation/ Transmission system of STU (MSETCL). Any restriction imposed by RLDC on scheduling of power supply by TRADER or MSEDCL due to Transmission / Grid constraint shall be treated as Force Majeure without any liability on either side. Seller s / GENCO s failure i.e. If seller fails to supply power due to fault in its generator/system, such event shall not be considered as force majeure. Sd/- Chief Engineer (PP) Signature of Tenderer Full name & designation Company Date: Seal of the Tenderer 13 SEAL & SIGNATURE OF THE TENDERER

14 ANNEXURE A RATES FOR SUPPLY OF POWER Supply of Power on Day Ahead basis Sr No Supply hrs in a day Qty in MW Delivery points of supply Rate Exbus at delivery point (Paise per KWh) Feb 07 Mar 07 Apr 07 May 07 Jun Supply of Power on Short Term basis Sr No Supply hrs in a day Qty in MW Delivery points of supply Rate Exbus at delivery point(paise per KWh) Feb 07 Mar 07 Apr 07 May 07 Jun Seal & Signature of Tenderer 14 SEAL & SIGNATURE OF THE TENDERER

15 SCHEDULE B SCHEDULE OF TENDERER S EXPERIENCE Sr.No. Name of Client to whom order placed for power supply Value of Order Period of supply and quantity supply in MW Name & Address to whom order placed with reference NAME OF FIRM NAME & SIGNATURE OF THE TENDERER DESIGNATION DATE 15 SEAL & SIGNATURE OF THE TENDERER

16 SCHEDULE C TECHNICAL & COMMERCIAL DEVIATION SCHEDULE Sr.No. Particulars Stipulation of specified standards Stipulation of standard adopted by tenderers Remarks Standard ref. Stipulations NAME OF FIRM NAME & SIGNATURE OF THE TENDERER DESIGNATION DATE 16 SEAL & SIGNATURE OF THE TENDERER

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