Tender Invitation by Mormugao Port Trust for Solar EPC. To get BOM for this Tender, Visit

Solar EPC of 200 kW Capacity

Tender Invitation by Mormugao Port Trust for Design, Supply, Installation, Testing & Commissioningof 200 kW AC Grid Connected Solar Photo Voltaic System including Comprehensive AMC for 5Years. Closing Date for last bid is March 29th, 2016. Earnest Money Deposit for this tender is 109,000INR.

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http://solarkart.ezysolare.com/tender-list

http://solarconnect.ezysolare.com/

http://solarkart.ezysolare.com/

http://solardesign.ezysolare.com/

NIT

Organisation

Name :Mormugao Port Trust

Organisation

Type :

Other Govt.

OrganizationMinistry :

Ministry of

Shipping

Tender Ref. No

:

CME/XEN(E)/H

L/W-

2/CONTRACT-

02/2016

Tender Title :

Design, Supply, Installation, Testing and Commissioning of 200 KW AC Grid

Connected Solar Photo Voltaic System including Comprehensive AMC for 5

Years after completion of 5yea

Product

Category :Power/Energy Projects/Products

Sub Category :

Tender Value

(INR if not

mentioned):Rs INR/-

EMD :109000/- Document Cost

:

5500/-

Tender Type : Work contract

Location : MPT Area

First

Announcement

Date :

2-March-2016

Publication

Date on Portal:3-March-2016 At : 12:22:38 PM

Last Date of

Document

Collection :

29-March-2016 Up To : 3:00 PM

Last date for

Submission :30-March-2016 Up To : 3:00 PM

Opening Date : 30-March-2016 At : 3:30 PM

Work

Description :

Design, Supply, Installation, Testing and Commissioning of 200 KW AC Grid

Connected Solar Photo Voltaic System including Comprehensive AMC for 5

Years after completion of 5years Guarantee period in Mormugao Port Trust

Pre-

Qualification :

PreBid Meet

Date :--

Tender

Document :View Document *

Bid Document : Document Not available

Tech.

Document :View Document *

Sector : Miscellaneous

State : Goa

For further Information Contact:

Name : A M Kesarkar

E-Mail :

Phone Office : 0832-2521299

Fax :

Address : Mormugao Port Trust New A.O. Building, Fin. Dept IT CEll, P. Hedland Sada,

Vasco Da Gama, Goa 403804

City : Vasco da Gama, Goa

DOCUMENT 1

1

MORMUGAO PORT TRUST

Tender No. : CME/XEN(E)/HL/W-2/CONTRACT-02/2016

FOR

DESIGN, SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF

2 0 0 KW AC G R I D CO N NE CTE D S O L AR P H O TO V O LT AI C

S YS TE M INCLUDING COMPREHENSIVE AMC FOR 5 YEARS AFTER

COMPLETION OF 5 YEARS GUARANTEE PERIOD IN MORMUGAO PORT

TRUST

An ISO 9001 : 2008 PortISPS CODE Compliant

2

Tender No. : CME/XEN(E)/HL/W-2/CONTRACT-02/2016 Tender for “DESIGN, SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 2 00KW AC G R I D C O N N E C TE D S O L AR P H O TO V O L T AI C S Y S TE M INCLUDING COMPREHENSIVE AMC FOR 5 YEARS AFTER COMPLETION OF 5 YEARS GUARANTEE PERIOD IN MORMUGAO PORT TRUST”

TABLE OF CONTENTS

S. NO. DESCRIPTION PAGE NO.

1 NOTICE INVITING TENDER 3

2. DETAILED NIT 4-5

SECTIONS

2 INSTRUCTIONS TO BIDDERS 6-14

3 GENERAL CONDITIONS OF CONTRACT 14-31

4 SPECIAL CONDITIONS OF CONTRACT 32-41

5 TECHNICAL SPECIFICATIONS 42-62

6 TENDER EVALUATION CRITIRIA- SCHEDULE 7 63

LIST OF APPENDICES 1 PROFORMA FOR SUBMISSION OF TENDER- APPENDIX 1 64-65

2 ANNUAL TURNOVER STATEMENT- APPENDIX 2

66

3 WORK EXPERIENCE- APPENDIX 3

67

4.1 EXCEPTIONS AND DEVIATIONS (COMMERCIAL) - APPENDIX 4.1

68

4.2 EXCEPTIONS AND DEVIATIONS (TECHNICAL)- APPENDIX 4.2

69

5 BANK GUARANTEE FOR PERFORMANCE – APPENDIX 5 70

6 FORMAT FOR CONTRACT AGREEMENT APPENDIX 6 71-75

7 PORFORMA FOR E-PAYMENT- APPENDIX 7 77-78

8 ORGANISATION CHART – APPENDIX 8 79

9 PRICE SCHEDULE 80-82

10 INTEGRITY PACT – SOFT COPY ATTACHED WITH THE TENDER DOCUMENT

SUPPLY, INSTALLATION. TESTING , COMMISSIONING OF 200kW SOLAR POWER PLANT AT MPT

3

Signature of the Bidder

MORMUGAO PORT TRUST MECHANICAL ENGINEERING DEPARTMENT

NOTICE INVITING TENDER

Tender NO: CME/XEN(E)/HL/W-2/CONTRACT-02/2016

Sealed Tender are invited for the work of “Design, Supply, Installation, Testing and Commissioning of 200 KW AC Grid Connected Solar Photo Voltaic System including Comprehensive AMC for 5 Years after completion of 5 years Guarantee period in Mormugao Port Trust”.

Pre bid meeting on: 15.03.2016

Last Date of bid Submission: 30.03.2016 at 15.00 Hrs.

For further details please visit: www.mptgoa,com

CHIEF MECHANICAL ENGINEER ------------------------------------------------------------------------------------------------------------------

http://www./


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MORMUGAO PORT TRUST MECHANICAL ENGINEERGING DEPARTMENT

NOTICE INVITING TENDER

1. Sealed tenders are invited by Mormugao Port Trust, Goa under two cover system from experienced, reputed and financially sound Bidders for the following work:

I Name of work & Tender No.

Design, Supply, Installation, Testing and Commissioning of 200 KW AC Grid Connected Solar Photo Voltaic System including Comprehensive AMC for 5 Years after completion of 5 years Guarantee period in Mormugao Port Trust”.


II Earnest Money Deposit Rs. 1.9lakhs in the form of DD

III Cost of tender document Rs 5,500/- by DD

IV Tender document available on website 02.03.2016

V Pre-bid Meeting

15.03.2016 at 11.00 hrs. Board Room, IIIrd Floor, Main Admin Building, Mormugao Port Trust, Headland Sada.

VI Last date & Time of receipt 30.03.2016 upto 15.00 hrs

for receiving the tender.

VII Opening of Tender 30.03.2016 at 15:30Hrs

VIII Period of completion of 5 months (excluding 15 days mobilization)

Work

IX Validity of tender 180 days from the last date fixed for receiving the tender.

X Port Website www.mptgoa.com

The Bidder shall meet the minimum qualifying criteria as specified under clause no 2. 5.1 of Instruction to Bidders in the tender document.

2. Tender documents can be downloaded from the website www.mptgoa.com. A sum of Rs.5,500/- towards the cost of tender document shall be paid in the form of Demand Draft drawn on any Nationalized or Scheduled bank having its branch at Goa, in favour of the Financial Adviser & Chief Accounts Officer, Mormugao Port Trust Bidder shall enclose DD for Rs. 5,500/- along with the tender favouring FA&CAO, MPT. The DD towards cost of tender document along with EMD shall be enclosed in a separate envelope failing which the offer will not be considered at all. The downloading of the documents shall be carried out strictly as provided on web site. No


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editing, addition/deletion of matter shall be permitted. If such action is observed at any stage such proposals are liable for outright rejection. The downloaded tender document has to be properly bound, with all pages as per serial No. and submitted to the Port.

3. The tenders shall be accompanied by EMD for the amount specified at Sl. No. II of Para (1) above, in the form of Demand Draft drawn on any Nationalized or Scheduled bank having its branch at Goa, in favour of the Financial Adviser & Chief Accounts Officer, Mormugao Port Trust, without which the Tender will not be considered. EMD in any other form will not be accepted.

4. The completed tender should reach Executive Engineer, Ist Floor, Administrative Building,

Headland Sada not later than the prescribed time and date as in Sl.No.VI in Para-1 above. The tender (Cover-1) will be opened on the last date of receipt of tenders at 1530 hrs in the presence of such of Bidders who may wish to be present. Date of opening of Cover – 2 of qualified Bidders will be intimated later. The tender received after due date and time will be summarily rejected. The Port will not be responsible for the loss of tender document, if any, or for any delay in postal or courier transit.

5. This tender notice shall form part of the contract Agreement.

6. The Bidder should adhere to the Employees State Insurance Act 1948 (34 of 1948) 7. The Contractor should also adhere to the EPF act.

8. All communications including submission of Proposal shall be delivered to either: Shri

Trevor Silveira, Executive Engineer(E/HL) or Smt. Sangeeta Angle, Assistant Engineer Electrical Section, Mechanical Engineering Department, Mormugao Port Trust, Headland Sada, Mormugao -403804 Phone : 0832-2594241/42/56 Mobile : +919552550287 Fax :08322521175 Email : [email protected] The Official Website of the Authority is: http://www.mptgoa.com

CHIEF MECHANICAL ENGINEER

mailto:[email protected]


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SECTION 2

INSTRUCTIONS TO BIDDERS (ITT) 2.1 Tenders are invited on behalf of Mormugao Port Trust (MPT), from reputed manufacturers

fulfilling the Minimum Eligibility Criteria (MEC) as detailed at clause 2.5.1 of the tender document for Design, Manufacture, Supply, Installation, Testing and Commissioning of 200 KW AC Grid Connected Solar Photo Voltaic System for MPT, scope of works including O&M contract for a period of 5 YEARS after completion of 5 years Guarantee period.

2.2 The Complete Tender document (except drawings) may be downloaded from the Port‟s web

site www.mptgoa.com. Such down loaded documents shall be considered valid for participating in the Tender process. However, the cost of Tender Document shall be payable by separate DD on or before submission of the Tender. The offers of such bidders shall be opened only on proof of submission of payment of cost of tender document.

Bidder is required to submit their tender offer in the form of Two cover system on or before due date of closing time 30/03/2016 at 15.00 Hrs. The tender received after the due date and time will not be entertained. The time of opening of technical bid will be on 30/03/2016 at 15.30 Hrs.

2.3 The Notice Inviting Tenders (NIT) issued by MPT forms part of the Tendering Documents

including Integrity Pact. 2.4 The Bidder shall make his all out efforts to ensure the correctness of Documents

available on the Web site. MPT is not responsible for the completeness or correctness of the Tendering Documents and their addendum, if they were not obtained directly from MPT.

2.5 The Bidder is expected to examine all instructions, forms, terms, and specifications in

the Tendering Documents. Failure to furnish all information or documentation required by the Tendering Documents may result in the rejection of the Tender.

In case of tender document being downloaded from the web site, at the time of submission of

the tender document, the Bidder shall give an undertaking that no changes have been made in the document, and if any discrepancy is noticed at any stage between the Port's tender document and the one submitted by the Bidder, the conditions mentioned in the port's printed document shall prevail. Besides, the Bidder shall be liable for legal action for the lapses.

2.5.1. Minimum Eligibility Criteria (MEC)

a. Financial Standing The average annual financial turnover of the Bidder over the past three years shall be at least Rs. 57 lakhs. The Bidder shall submit copies of audited P&L A/c statements and Balance Sheets duly certified by the Charted Accountant for three preceding years 2012-13, 2013-14 and 2014-15.

b. Experience The Bidder should be in the business of designing, Supplying Installation, Testing and Commissioning of Solar PV Systems for the last seven years as ending on 31.12.2015.

I. PV modules of the bidder should have valid qualification test certificate as per IEC 61215

and IEC 61730.


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II. The bidder should have long experience and expertise in field of SPV, and must have

designed, manufactured, supplied, installed & commissioned Plants for last seven years and should have any of the following:

a. One Solar PV project of installed capacity of 200 KW and above;

OR b. Two Solar PV project of installed capacity of 150 KW and above;

OR c. Three Solar PV project of installed capacity of 100 KW and above.

Note: The Tenderers shall enclose copy of Work Order copies for similar works, successful completion certificates from clients indicating the date of completion, value of work done, etc.

2.6 LAST DATE FOR SUBMISSION OF TENDER Tender Document can be submitted only in the designated two cover system on or before the

due date and time. The time of opening of technical bid will be on 30/03/2016 at 15.30 Hrs.

a. The Price Bid to be submitted shall be to the office of the Executive Engineer, Mormugao Port Trust, Administration Building, Headland Sada, up to 30/03/2016 and time 15.00 Hrs.

b. MPT may at its sole discretion reserves the right to extend the date for receipt of tender. Tenders

received after the aforesaid time and date or the extended time and date, if any, shall be returned unopened to the Bidder. Bidders to note that MPT shall not be responsible for late receipt of any offer due to postal delays or any other delay for whatsoever reasons.

2.7. BIDDER TO INFORM HIMSELF FULLY a. The Bidder is expected to examine carefully the contents of the tender document like,

Instructions to the Bidders, General Conditions, Scope of work etc. Failure to comply with the requirements of the tender will be at the Bidder's own risk. It would be deemed prior to the submission of the tender that the Bidder has made a complete and careful examination of requirements and other information set out in the tender document.

b. The Bidder is advised to get acquainted himself with the job involved at the site, like

availability of labour, means of transport, communication facilities, laws and bye laws in force from Government of Goa and Govt. of India and any other Statutory bodies as well as MPT regulation for the issue of passes and collect all information that may be necessary for preparing and submitting the tender and entering into Contract with MPT.

c. Bidder shall bear all costs associated with the preparation and submission of his tender and

MPT will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process.

2.8. EARNEST MONEY DEPOSIT (EMD) a. The Bidder shall furnish as part of its Tender, an EMD of Rs. 1,90,000/- Tender Not

accompanied EMD shall be treated invalid. The E.M.D. shall be submitted in the form of Demand draft drawn in favour of F A & C A O / Mormugao Port Trust, VASCO, from any Nationalised/Scheduled Bank shall mean a bank defined under section 2 (e) of the Reserve Bank of India Act 1974) having its branch at VASCO.

b. In the event of Bidder withdrawing his tender before the expiry of tender validity period of 180

days from the date of opening of technical bid, the tender submitted by the Bidder shall be


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cancelled and EMD shall be forfeited. c. The Earnest Money Deposit of unsuccessful Bidders shall be returned on award of Contract to

the successful Bidder. No interest shall be payable on the amount of E.M.D in any case. The Earnest Money Deposit of the successful Bidder shall be refunded only on receipt of Performance Guarantee as stipulated in the tender.

d. MPT reserves the right to forfeit the Earnest Money Deposit in respect of successful Bidder, if

he fails to furnish the necessary Bank Guarantee towards performance within 30 days and enter into a Contract within 45 days from the date of receipt of Letter of Acceptance (LOA).

e. The EMD (DD) shall be submitted along with the Cover-I of the offer. 2.9. MPT’s Right to Annul the Bidding Process a. Not withstanding anything contained in this tender document, MPT reserves the right to

annul the bidding process at any time without any liability or any obligation for such annulment, without assigning any reason.

b. MPT reserves the right to invite revised Technical Tenders and/or revised Financial Tenders

from Bidders with or without amendment of the tender document at any stage, without liability or any obligation for such invitation and without assigning any reason.

c. MPT reserves the right to reject any Tender if at any time, a material misrepresentation is

made or uncovered OR the Bidder does not respond promptly and thoroughly to requests for supplemental information required for the evaluation of the tender.

2.10. TENDER VALIDITY The tender shall remain valid for acceptance for a period of 180 days from the date fixed for

opening of Technical Bid. MPT reserves their right to extend the period of validity for a specific time. The request and the response, there to, shall be made in writing by post or by Fax/E-mail. However, in the event of the Bidder agreeing to the request, he shall not be permitted to modify his tender. In the event of the Bidder is agreeing to the extension, the Bidder shall correspondingly extend the validity of the tender suitably against this Tender. In case Bidders do not agree to extend the validity of their offer beyond the validity period, EMD of such Bidders shall be refunded after award of the contract.

2.11. AUTHORITY IN SIGNING TENDER DOCUMENTS The Price Bid to be submitted shall be signed by a person or persons duly authorized to sign

on behalf of the Bidders. In case of tender document being downloaded from the web site, at the time of submission of

the tender document, the Bidder shall give an undertaking that no changes have been made in the document as per declaration form Appendix-I, He shall be issued a printed set of the Document under acknowledgement with a condition that the printed version of the Port Tender document will be treated as the authentic tender and if any discrepancy is noticed at any stage between the Port's tender document and the one submitted by the Bidder, the conditions mentioned in the port's printed document shall prevail. Besides the Bidder shall be liable for legal action for the lapses.

• The tender, if submitted on behalf of principals or a Partnership Firm should be signed

either by all the partners or some of the partners or other person/s holding a valid “Power of Attorney” from other partners or all the partners constituting the firm or the Principals as the case may be.


9


• In the event, the tender is signed by some of the partners or other persons or the

Agents, the Tender should be accompanied by a valid Power of Attorney duly executed by partners/Principals specifying that the partners or person/s or Agents signing the tender has the authority to bind them or the firm as the case may be, in all matters pertaining to the tender.

• In case of a Company, the tender should be signed by a person holding a valid Power of

Attorney executed in his favour in accordance with the constitution of the Company. 2.12. AMENDMENTS a. At any time, prior to the last date for submission of tenders, MPT reserves the right to

amend and modify the tender document. The amendments so carried out shall be forwarded to all the prospective Bidders prior to the last date for submission of the tender in writing either by post or e- mail including displaying the said amendment on MPT web site. The prospective Bidders shall immediately acknowledge receipt thereof either by post or mail (scanned copy of seal & sign) followed by hard copy.

b. The amendment so carried out shall form part of the tender and shall be binding upon the

Bidders. MPT may at their discretion, extend the last date for submission of the tender, to enable the Bidders to have reasonable time to submit their tender after taking into consideration such amendments.

2.13. TEST OF RESPONSIVENESS

1. The tender document issued by the Port, duly filling in all the blank spaces and duly signed on all pages with the official stamp. The above document shall be enclosed in the first cover which shall be sealed and superscribed, “Design, Supply, Installation, Testing and Commissioning of 200KW AC Grid connected Solar Photovoltaic System including Comprehensive AMC for 5 years after completion of 5 years Guarantee period in Mormugao Port Trust – Cover I”, and bear on the bottom left corner, the name and full address of the Bidder with his official stamp. The Bidder should ensure that the Schedule of Prices (Price Bid) is not enclosed in Cover No.1.

(I) Prior to evaluation of Applications, the Authority shall determine whether each Application is responsive to the requirements of the tender. An application shall be considered responsive only if:

a. It is received by the Application Due date including any extension thereof; b. All pages of the tender document signed, sealed, bound together in the hard copy of

the Tender document; c. The cost of the tender of Rs 5,500/- and the Earnest Money Deposit of Rs 1,90,000/-in

the form of DD from nationalized/ scheduled bank shall be enclosed. d. Auditor‟s report of Annual turnover for last three years in original and notarized

copies of profit and loss statements and balance sheet for last three years with endorsed by CA as per APPENDIX 2;

e. Copies of work order for similar works, successful completion certificate with performance and value of work done as per APPENDIX 3;

f. Organization chart as per APPENDIX-8. g. Latest Financial stability certificate worth Rs 10lakh from a nationalized/Scheduled Bank

in India specifically indicating the amount of financial solvency. h. Copy of valid Electrical license. i. It is accompanied by the Power of Attorney; if applicable.


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j. It contains all the information in formats and documents as requested in all respects;

k. The bank details like name of bank, bank branch, type of account, bank Account no., MICR code, etc as per APPENDIX-7

ii) The bidder should posses a valid Service tax Registration Certificate, PAN, VAT,EPF

registration and ESI registration number. Copies of the same shall be submitted along with the offer.

iii) Type of Solar PV Power Plants offered and specified in the tender must have

been working satisfactorily in India for a period of atleast two years.

iv) Shall be a MNRE accredited channel partner for Solar Photovoltaic system (Self attested copy of MNRE accreditation done shall be submitted along with the application).

v) Bidder should not be black listed by any Government or Non Government Organization

(An undertaking of the same shall be submitted along with the technical bid).

vi) Products offered for this tender should not be blacklisted by any Government Organization (An undertaking of the same shall be submitted along with the technical bid).

vii) Bidder should have registered company for any communication during the project,

Guarantee Period and Extended AMC period. (Address of the same shall be furnished in letter head).

The Schedule of Prices (Price Bid) duly filled in with the rates shall be enclosed in the

second cover (Cover 2) which shall also be similarly sealed and superscribed “Design,

Supply, Installation, Testing and Commissioning of 200KW AC Grid connected Solar Photovoltaic

System including Comprehensive AMC for 5 years after completion of 5 years guarantee period in

Mormugao Port Trust – Cover-II” and bear on the bottom left corner the name and address of

the Bidder with his official stamp.

The Bidder should ensure that the Schedule of Prices (Price Bid) is not enclosed in

Cover No.1

The Port Trust reserves the right to reject any tender which in its opinion is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by the Port Trust in respect of such Tenders.

2.14. ERRORS IN THE TENDER DOCUMENT a. Provided that a Tender is substantially responsive, the Port may waive any non-conformities

or omissions in the Tender that do not constitute a material deviation. b. Provided that a Tender is substantially responsive, the Port may request that the Bidder submit

the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the Tender related to documentation requirements. Such omission shall not be related to any aspect of the price of the Tender. Failure of the Bidder to comply with the request may result in the rejection of its Tender.


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c. Provided that the Tender is substantially responsive, the Port shall correct arithmetical errors on the following basis:

d. If there is a discrepancy between the unit price and the line item total that is obtained by

multiplying the unit price by the quantity, the unit price shall prevail and the line item total shall be corrected, unless in the opinion of the Port there is an obvious misplacement of the decimal point in the unit price, in which case the line item total as quoted shall govern and the unit price shall be corrected;

e. If there is an error in a total corresponding to the addition or subtraction of subtotals, the

subtotals or arithmetically corrected sub totals shall prevail and the total shall be corrected; and

f. If there is a discrepancy between words and figures, the amount in words shall prevail, unless

the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above.

g. If the Bidder that submitted the lowest evaluated Tender does not accept the correction of

arithmetical errors, its Tender shall be rejected. 2.15. OTHER EXPENSES All costs charges and expenses including any duty in connection with the Contract as well as

preparations and completions of Agreement by MPT‟s attorneys shall be borne and payable by the Bidder. Bidder shall ascertain the taxes and duties to be paid on his own before the submission of the bid. All taxes & duties, to be paid to Govt of India, Govt of Goa or any statutory bodies shall be paid by the Contractor for stamp duty.

2.16. CONTRACT WORKS AND CONTRACT PRICE a. The work to be carried out (hereinafter referred to as "the Contract Works") and the Price for

the same (hereinafter called "the Contract Price") shall include the work described in the specifications, schedules, drawings, etc. annexed hereto.

b. Except where otherwise expressly provided, the Contractor shall provide all materials, labour

and Plant and things necessary in connection with the Contract work although everything may not be fully specified and although there may be errors and omissions in the specifications.

c. The contract works includes Design, Manufacture, Supply, Installation, Testing,

Commissioning of 200 KW AC Grid Connected Solar Photo Voltaic System in Goa for MPT on turnkey basis including Comprehensive Annual Maintenance contract (CAMC) for 5 years after completion of 5 years Guarantee period.

e. SCHEDULE OF PRICE The Schedule of price shall be read in conjunction with all other sections of bidding document.

The Schedule of Price bid shall be submitted signed by a person or persons duly authorized to sign on behalf of bidders consists of all the works mentioned in the scope of works. Operation and Maintenance Charges of the Solar PV Plant for the period of 5 years excluding 5 years Guarantee period has to be quoted separately.

The total prices will be evaluated based on capital cost and NPV (Net Present Value) of Annual Maintenance Cost. However, the bidder shall offer the rate with subsidy as applicable.


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The price quoted by the bidder shall be firm and fixed for the completion period of the work inclusive of all taxes and duties.

f. Bidder shall quote for the work after careful analysis of cost involved for the performance of

the works as per Scope of Work, Scope of Supply, Specifications, Standards, Drawings, General Conditions of Contract and Special Condition of Contract.

g. The Price shall include all expenditure incurred towards mobilization and demobilization. h. Price shall be quoted in Indian Rupees only. i. Contractor shall arrange for training of 2 Officers and 4 technicians of MPT for training on

Operation and Maintenance of Solar PV Plant. This training shall be conducted by the manufacturer‟s qualified and experienced personnel while carrying out the trial run of the Solar PV Plant at project location. No separate charges will be paid for training.

2.17 LANGUAGE OF TENDER The Tender submitted by the Bidder and all correspondence and documents relating to the

Tender exchanged by the Bidder and MPT shall be written in the English language. 2.18 SINGLE CURRENCY The Bidders are required to quote their offer as per Price schedule of the tender document in

Indian currency only. 2.19 PRE-BID CONFERENCE MPT shall hold a pre-bid meeting, in order to clarify and discuss issues with respect to the

tender vis-à-vis terms and conditions or any other related issues. The meeting shall be held at Board room, Administrative office, MPT, Headland Sada 4023 802 on 15.03.2016 time 11:00 hrs. Bidders are advised to formulate their views and forward the same to The Chief Mechanical Engineer, MPT, on or before 07.03.2016 time 15:00 hrs. During the pre-bid meeting, the queries received in advance would be clarified first, followed by those raised during the meeting. If there are any further queries after Pre-Bid Conference, the same shall be submitted within the due date which will be indicated during Pre-Bid meeting. No queries will be entertained after this due date. The changes if any proposed by the Bidder would be discussed and the Port Trust's response would be provided to all the Bidders. The queries received from all the prospective Bidders would be consolidated and Port Trust‟s response to the same would be uploaded on the website wi th in 7 days f rom the date of Pre -Bid meet ing . The clarifications so issued would form part of the tender and remain binding on all the Bidders which shall be accepted and submitted by all the Bidders along with their offer.

2.20 TENDER OPENING, SCRUTINY AND EVALUATION OPENING OF TECHNICAL BID: Tender Document can be submitted only in the designated two cover system on or before the

due date and time on 30.03.2016 at 15.00 Hrs. Bidder should submit the tender as per specification indicated in the instructions to Bidders,

Tender Information Sheet, General Conditions of Contract and Special Conditions of Contract. The first cover (Cover 1) of the offer shall contain all the documents listed under „Test of

Responsiveness‟ Clause no. 2.13 based on which the Bidders will be shortlisted. The Technical qualification conforms to as specified in the eligibility criteria of General rules and

directions for the guidance of the Bidder.


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A Tender that is substantially responsive that conforms to the preceding requirements without

material deviation or reservation. A material deviation or reservation is one (1) which affects in any substantial way, the scope, quality, or performance of the Bidder, or (2) which limits in any substantial way, inconsistent with the Tender document, or (3) whose rectification would affect unfairly the competitive position of other Qualified Applicant presenting substantially responsive bids.

Since the tender involves selection based on Minimum eligibility criteria and technical

specification, the Chief Mechanical Engineer will examine and seek clarification if any and list out the firms, which are found responsive and Cover – II Price Bid of such tenders only will be opened and EMD will be returned to the unresponsive Bidders.

The date and time will be intimated to Bidders whose offers are found suitable and Cover – II of

such Bidders will be opened on the specified time and date.

The Fax/E-Mail offers will be treated as defective, invalid and rejected. Only detailed complete offers received prior to closing time and date of the tenders will be taken as valid.

After the tender opening, the whole process involving scrutiny, clarifications, evaluation and

comparison of tenders and recommendations regarding award of Contract shall be confidential. Any efforts on part of any Bidder to influence the Port Trust in any way in the process of scrutiny, evaluation, comparison of tenders and decision concerning award of Contract may result in rejection of the Bidder‟s bid.

To assess the scrutiny, evaluation and comparison of tenders, the Port Trust may ask

Bidder individually for clarifications. Request for clarification and response thereto, shall be in writing or through e mail followed by post or through speed post. No change in Price or substance of the tender shall be sought, offered or permitted nor is the Bidder permitted to withdraw the tender before the expiry of the validity period of the tenders in the process of clarifications.

2.21 OPENING OF PRICE BID COVER – II DETAILS: BID (BOQ) - PRICE SCHEDULE The date of opening of the Price cover will be intimated to the bidder who will qualify for technical

cover. Price should be quoted in “Price Schedule – „A1‟ (as per BOQ). Any indication of „Quoted price‟ in the technical bid documents shall be lead to rejection of the bid outright.

2.22 EVALUATION OF PRICE BID a. The price quoted by the bidder shall be kept firm during the contract period. All taxes, duties

and insurance shall be included in the quoted price. b. MPT will evaluate and compare only those bids, which are substantially responsive. c. If necessary, to arrive at the evaluated price, wherever applicable, loading on total quoted price

shall be done as detailed in Bid Evaluation Criteria given at Schedule 7. d. The price quoted by the Bidder shall be considered for the purpose of evaluation and

comparison. e. In arriving at the final evaluated prices of the Tenders, any uncalled for lumpsum/percentage/or

adhoc reduction, if any, offered by the Bidders, in the Schedule of Price shall be considered for the purpose of evaluation. However, such reduction/rebate is from the recommended Bidder, then such rebate shall be taken into account while awarding the work.

f. In arriving at the final evaluated prices of the bidders, evaluation of offer will be based on the lowest price quoted amongst the main price and alternate offer submitted by them, if any.


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2.23 MPT’S RIGHT TO ACCEPT OR REJECT A BID

MPT reserves the right to accept a Bid other than the lowest and to accept or reject any Bid in whole or part, to annul the bidding process or to reject all Bids with or without notice or reasons. Such decisions by MPT shall bear no liability whatsoever consequent upon such decisions.

2.24 AWARD OF CONTRACT The Bidder, whose Bid is accepted by MPT shall be issued Letter of Acceptance (LOA) prior to expiry of Bid validity. Bidder shall confirm acceptance by returning a signed copy of the LOA. MPT shall not be obliged to furnish any information/clarification/ explanation to the Contractors as regards non-acceptance of their Bid

CHIEF MECHANICAL ENGINEER MORMUGAO PORT TRUST


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SECTION 3

GENERAL CONDITIONS OF CONTRACT (GCC)

3.1 DEFINITION AND INTERPRETATIONS: In the Contract, as hereinafter defined, the following words and expressions shall have the

meanings hereby assigned to them except where the context otherwise requires: a. “MPT” or “Port” or “Port Trust”, means the “Board of Trustees of MORMUGAO PORT

TRUST'' or their successors and assigns, acting through its Chairman or any other officer so nominated by the Board.

b. “Engineer” means the Chief Mechanical Engineer (CME) of the Mormugao Port Trust or the

officer authorized by him to act for and on his behalf. c. Engineer-in-Charge: Officer appointed by Engineer to be in charge of the execution of work. d. ''Contractor'' means the natural person, private or Government entity, or a combination of the

above, whose Tender to perform the Contract has been accepted by the Port and is named as such in the Contract Agreement or his representative who is duly authorized to deal with the contract.

e. “Sub Contractor" means any natural person, private or government entity, or a combination of

the above, to whom any part of the goods to be supplied or execution of any part of related services is subcontracted by the Contractor under intimation to the Port.

f. “Contract” means and includes Tender Documents, Instructions to Bidders, General

Conditions of Contract, Special Conditions, if any, drawings, specifications, Price Schedule and Schedules etc., any amendments/clarifications thereto, Letter of Acceptance (LOA) and the Contract Agreement entered into between MPT and the Contractor as per format given in Appendix-5 /of the tender document.

g. ''Contract Documents'' means the documents listed in the Contract Agreement, including any

amendments there to. h. ''Contract Price'' means the price payable to the Contractor as specified in the Contract

Agreement, subject to such additions and adjustments thereto or deduction there from, as may be made pursuant to the Contract.

i. “Specification” means the specification referred to in the Tender document and any

modification thereof or addition thereto as may from time to time be furnished or approved in writing by the Port.

j. “Site” means the building roof top area and other areas on, under, in or through which the

works are to be executed or carried. k. “Works” means Design, Manufacture, supply, Installation, Testing, Commissioning of 200 KW

AC Grid Connected Solar Photo Voltaic System including Comprehensive AMC for 5 YEARS after completion of 5 years Guarantee period.

l “Approved/Approval” means the approval in writing.


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m. “Engineer-In-Charge” means any Officer authorised by Chief Mechanical Engineer for the

work. n. “Drawings” means the drawings referred to in the Specification and any modification of

such drawings approved in writing by the Engineer- In – Charge and such other drawings as may from time to time be furnished or approved in writing by the Engineer-In- Charge.

o. “Tests on completion” shall mean such tests as are prescribed by the applicable

Design Standards (latest editions), codes and described in the tender document, to be made by the Contractor before the equipment/items are supplied, delivered and taken over by the Port.

p. “Writing” shall include any manuscript, typewritten or printed statement under or over signature

and seal as the case may be. q. "Defect Liability Period" has the meaning assigned in the clause No. 3.24 of the tender

document r. "Month" means calendar month. s. "Day" means calendar day. t. "Letter of Acceptance‟‟ means the formal acceptance, made by or on behalf of the Port, of the

tender including any adjustments or variation to the tender agreed between the Port and the Contractor.

u. “Foreign currency" means the currency other than Indian Currency. v. “Commissioning of Equipment” has the meaning assigned in clause no.3.28.1 & 3.28.2 of the

tender document. w. "Tender" means the offer of the Contractor along with all other relevant documents as

referred to in the Contract. x. "Related Services" means the services incidental to the supply of the goods, such as

insurance, installation, training and initial maintenance and other such obligation of the Contractor under the contract.

3.2 SINGULAR AND PLURAL Words implying the singular only also include the plural and vice versa where the

context required. 3.3 HEADINGS OR NOTES The headings in these conditions of Contract and instructions to tenders shall not be taken to

be part thereof, or be taken into consideration in the interpretation, or construction thereof, or of the Contract.

3.4 ENGINEER-IN-CHARGE AND HIS REPRESENTATIVE a. The Engineer-In-charge shall carry out such duties in issuing decisions, certificates and orders

as specified in the Contract.


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b. The Engineer may from time to time, in writing delegate to his Representative any of the powers, discretion, function and/or authorities vested in him and he may at any time revoke any such delegation. Any written decision, instruction or approval given by the Engineer to the Contractor in accordance with such delegation shall bind the Contractor provided always that:

c. Any failure of the Engineer to disapprove any Plant workmanship shall not prejudice the

power of the Engineer thereafter such Plant or workmanship and to order the rectification thereof in accordance with these conditions;

d. If the Contractor shall be dissatisfied by reason of any decision of the Engineer he shall be

entitled to refer the matter to the officer above the rank who will thereupon confirm, reverse or vary such decision, and the shall be final and not arbitrable.

e. Wherever by these conditions the Engineer is required to exercise his discretion, by giving a

decision, opinion, consent or to express satisfaction or approval, or to determine value or otherwise take action which may affect the rights and obligations of the Contractor, the Engineer shall exercise such discretion fairly within the terms of the Contract and having regard to all the circumstances. If either party disagrees with the action taken by the Engineer he shall be at liberty to refer the matter to Appellate Authority with these conditions, and the shall be final and not arbitrable.

3.5. OBLIGATIONS OF THE CONTRACTOR a. The Contractor shall exercise all reasonable care and diligence in the discharge of all

technical, professional and Contractual duties to be performed by them under this Contract as specified in the Scope of Work within the Time for Completion and provide all labour, including the supervision and security thereof, Contractor's Equipment necessary thereof and for carrying out his obligation, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract. The Contractor shall be fully responsible to MPT for proper, efficient and effective discharge of their duties.

b. Contractor shall furnish bond in the form of Bank Guarantee towards the performance of

the work as per clause 3.29 of this tender document. c. If the Port shall consider himself entitled to any claim under the performance Guarantee he

shall forthwith so inform the Contractor specifying the default of the Contractor upon which he relies. If the Contractor fails to remedy such default within 30 days after the receipt of such notice the Port shall be entitled to forfeit to the extent of the loss or damage incurred by reason of the default.

d. The Contractor shall proceed with the Works in accordance with the decisions, instructions

and orders given by the Engineer in accordance with the condition of the Contract. 3.6 ASSIGNMENT AND SUBLETTING a. The Contractor may submit the details of subletting. However the final decision will be made

by MPT authority. b. He shall neither assign his right and interest in this present tender nor assume a fresh

partner or partners, or dissolve the partnership existing between him in reference to this Contract without the written permission of MPT.

c. In the event of any activity being sub-contracted, the total liability and responsibility for meeting

obligations and performance under Contract Agreement shall rest with the Contractor. In the


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event of the Contractor contravening this condition, the Port shall be entitled to terminate the Contract forthwith and award a fresh Contract to some other party at risk and cost of the Contractor who shall be liable for any loss or damage which the Port may sustain in consequence arising out of such replacement of the Contractor. In such case the Performance Guarantee shall be forfeited.

d. Such consent, if any, shall not relieve the Contractor from any liability or obligations under the

Contract and he shall be responsible for the acts, defaults and neglects of any Sub-Contractor or his servants, agents or workmen fully if they were the acts, defaults or neglects of the Contractor provided always that the provisions of labour or a piecework basis shall not be deemed to be sub-letting under this clause.

3.7 PATENT RIGHTS a. The Contractor shall fully indemnify the Port against any action, claim or demand, costs or

expenses arising from or incurred by reason of any infringement or alleged infringements of letters, patents, Design, trademark or name, copyright or other protected rights in respect of any machine, Plant, work, materials or things, system or methods of using, fixing working or arrangement used for fixed or supplied by the Contractor in India, or elsewhere.

b. All payments, or otherwise shall be deemed to be included by the Contractor in the

Prices named in the tender and shall be paid by him to whom they may be payable. c. In the event of any claim being made or action brought against the Port in respect of any

such matter as aforesaid, the Contractor shall be immediately notified thereof and he shall, with the assistance if he so requires of the Port, but at the sole expense of the Contractor, conduct all negotiations for the settlement of the same or any litigation that may arise from, provided that the conduct of such negotiations or litigations shall be conditional upon the Contractor giving to the Port such security as shall from time to time, reasonably required by the Port to recover the ascertained or agreed amount as the case may be of any compensation, damages, expenses and cost which might be payable by Trustees in respect of or as result of any negotiation or litigation.

3.8 GENERAL OBLIGATION OF THE PORT In execution of the Works no person other than the Contractor, sub Contractors and his and

their employees shall be allowed on the site except by the written permission of the Engineer In Charge or his authorised representative, but the Engineer in charge, his authorised representative, other authorities and officials of MPT shall be afforded to inspect all facilities arranged by the Contractor at site.

3.9 FRAUD AND CORRUPTION The Port as well as Bidder, Contractor, Sub-Contractor and Consultants observe the highest

standard of ethics during the procurement and execution of such contracts. In pursuit of this policy, MPT:

a) Defines, for the purpose of this provision the terms set forth below as follows: (i) "Corrupt practice" means the offering, giving, receiving or soliciting, directly or indirectly of

anything of value to influence the action of a public official in the procurement process or in contract execution; and

(ii) "Fraudulent practice" means a misrepresentation or omission of facts in order to influence a

procurement process or the execution of a contract;


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b) "Collusive practice'' means a scheme or arrangement between two or more Bidders designed to establish Tender prices at artificial non competitive levels and;

c) ''Coercive practice'' means harming or threatening to harm directly or indirectly, persons or

their property to influence their participation in the procurement process or affect the execution of a contract;

d) Will black list a firm or individual, including declaring them ineligible either indefinitely or for a

stated period of time to be awarded, if it at any time determines that they have, directly or through an agent engaged in corrupt, fraudulent, collusive or coercive practice in competing for, or executing and;

e) Will have the right to enquire that Contractor to permit the Port to inspect their account and

records and other documents relating to the Tender submission and contract performance. 3.10 COMPLETION PERIOD OF WORK Under this tender MPT intends to invite price offer for installing 200 KW AC Solar Photo

Voltaic Grid Ties system in MPT for their captive consumption. Part I: Total completion period of five months from the 15th day of issue of Letter of Acceptance

(LOA). Part II: Operation and Maintenance of the 200 KW AC Grid Connected Solar Photo Voltaic System for

the period of 5 YEARS after completion of 5 years Guarantee period. 3.11 RATES AND AMOUNTS INCLUDE ALL CHARGES The rates and amounts submitted by the Bidder shall include all payments on account of

taxes, levies, duties, royalties, etc., payable to the State of Goa or Government of India or any other authority or Body Corporate and all other incidental charges that the Bidder may have to bear for the execution of the Works. The Bidders shall make their own arrangements to ascertain the applicable rates in respect of Central Excise Duty from the concerned Govt. Authorities.

3.12 ADDITIONS AND ALTERNATIONS a. MPT may give instructions and directions as may appear (necessary and proper) for the

guidance of the Contractor and good and efficient execution of the Works under this contract without altering major conditions and scope of work of the Contract.

b. The Contractor shall receive, obey and be bound by the same according to the true intent

and meaning thereof. 3.13 EXECUTION The Contractor shall, in consideration of payments to be made to him as herein after provided,

execute and do the Works set forth as described in the scope of the work and specifications, including any amendments to tender clauses.

Bidders should obtain temporary pass from MPT Traffic Manager at Main Admin Building,

third floor, Mormugao Port Trust, Headland Sada, Vasco 403 802 to gain entry into the Trust‟s premises if necessary

3.14 SIGNING OF AGREEMENT (i) The Contractor shall execute an Agreement with the Trust within 45 days from the date of


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receipt of LoA. If the Contractor, whose tender has been accepted, fails to execute an Agreement within 45 days from the date of receipt of documents for execution of the Agreement, the Earnest Money Deposit (EMD) deposited by the Bidder shall be forfeited and the Bidder shall not be allowed further to participate for a period of one year in the Trust‟s similar tenders.

(ii) The cost of stamping the contract Agreement must be borne by the successful

Bidder. (iii) The place of stamping and signing of Agreement shall be at MPT only. (iv) Further, if the successful Contractor undertakes, to enter into and execute, when called upon

to do so, an Agreement, with such modifications as agreed upon and unless and until the formal Agreement is prepared and executed, the successful Contractor‟s offer, Trust order and the written acceptance for the receipt of Trust order of the successful Contractor shall form a binding Contract between the Trust and the Contractor.

The Contract Agreement shall include amended final tender document, pre- bid queries,

various clarification letter, written approval by the Trust authorities, Amended to the Contract Agreement and any other conditions as agreed upon by the Trust and the Contractor.

3.15. EXTRAS Any extra expenses incurred in connection to the Works by MPT in the performance of the

Works owing to the neglect or omission on the part of the Contractor, in any of the case mentioned in this Contract shall be deducted from any sum due or which may thereafter become due to the Contractor or from any amount lying with them or under their control or he may be called upon to pay the amount of such extra expense to such person or persons as MPT may appoint to receive the same and in the event of the Contractor failing to make such payment, the said amount shall be recoverable from him in such manner as MPT may determine.

The maximum percentage by which the quantities may be increased is: 30% The maximum percentage by which the quantities may be decreased is: 30% 3.16 CONTRACT DOCUMENT MUTUALLY EXPLANATORY a. The several documents forming the Contract are to be taken as mutually explanatory of one

another and should anything appear in one that is not described in the other, no advantage shall be taken of any such omission.

b. In case of any discrepancies or inconsistencies however appear, or should any

misunderstandings arise as to the meaning and of the specifications or drawings or as to the dimensions or the quality of the material or proper execution of the Works or as to the measurement or quality and valuation of the Works executed under this Contract or as extra thereupon, the same shall be explained by the Engineer-in-charge or his authorised representative.

c. The explanation of Engineer-in-charge or his authorised representative shall be final and

binding upon the Contractor and the Contractor shall execute the Works according to such explanations, and without extra charge or deductions to/from the Prices specified in the bill of quantities and do all such Works and things as may be necessary for the proper completion of the work as implied by the specification and drawings, even though such work and things are not specifically shown and described therein.


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3.18 CONTRACTOR'S EQUIPMENT a. The Contractor shall be responsible for supply, use and maintenance of all the equipment

and he shall ensure that they are suitable for the work and are maintained in such a manner as to ensure their efficient working.

b. MPT may, if they deem fit, direct the Contractor to remove from site any equipment which are

not efficient and/or prejudicial to the quality of the work to be replaced by equipment to their satisfaction. The Contractor shall immediately follow MPT‟s directions/instructions.

3.19 LABOUR a. The Contractor shall make his own arrangements for the engagement of all labour for doing the

work at site or in respect of or in connection with the execution of work as also for the transport, housing, feeding and payment thereof. Since time is the essence of this Contract, requisite number of labour force has to be kept, so as to complete the Installation, Testing and Commissioning of the equipment within the completion period as stipulated in the tender.

b. In the event of any outbreak of illness or an epidemic nature, the Contractor shall comply with and carry out such regulations, orders and requirements as may be made by the Government, or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same.

c. The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighbourhood of the Works against the same.

d. The Contractor shall at all times during the continuance of the Contract comply fully with all existing Acts, Regulations and bye law as including all statutory amendments and re-enactment of state or Central Government and other local authorities and any other enactment and acts that may be passed in future either by the State or the Central Government or local authority, including Indian Workmen's Compensation Act, Labour Laws and Equal Remuneration Act, 1976, Factories Act, Minimum Wages Act ,IE Act 1956, etc.

e. If as a result of Contractor's failure, negligence, omission, default or non- observance of any provisions of any laws, MPT is called upon by any authority to pay or reimburse or required to pay or reimburse any amount, MPT shall be entitled to deduct the same from any moneys due or that they become due to the Contractor under this Contract or any other Contract or otherwise recover from the Contractor any sums which MPT is required or called upon to pay or reimburse on behalf of the Contractor. All registration and statutory inspection fees in respect of his work pursuant to the Contract shall be paid by the Contractor.

f. The Contractor shall pay the labourer engaged by him on the work not less than a fair wage, which expression shall mean, whether for time or piece work, rate of wages as may be fixed by the Labour Department of the State as per the Minimum wages Act.

g. The Contractor or his sub-Contractor shall not employ a young child who has not completed his fifteen year of age. He/they shall also not employ an adolescent who has not completed his eighteenth year unless he is certified fit for the work as an adult as prescribed under Clause (b) of subsection (2) of section 69 of the Factories Act.1948.

h. The Contractor shall also comply fully with the provisions of the payment of Wages Act, 1936. i. If any enhancement in the rates of Wages becomes payable as a result of the implementation

of the Chief labour Commissioner‟s interpretation of the Contract, Labour (Regulation and Abolitions) Central Rules 1971 including an increase of the Wages, the same shall be borne by the Contractor/Contractors. The Contractor shall be responsible for the observance by his sub-Contractors, of the foregoing provisions/precautions.

j. The Contractor shall make necessary arrangements for the representative of the Port and/or


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his representative to witness the payment made by the Contractor to his labourers. The Contractor shall also submit periodical returns of labour employed by him and wages paid, to the Port‟s representatives.

k. Safety Gears Etc. The Contractor shall at his own expenses provide all safety gears for all labours engaged during the work and failing to do so, MPT shall provide the same and recover the cost thereof from any amount due or which may become due to the Contractor or from any amount lying with them or under their control.

3.19.1 FAIR WAGES a) The Contractor shall pay the labours engaged by him on the work not less than fair wages

which expression shall mean whether for time or piece work the respective rates of wages as fixed by the Labour Department of the State payable to the different categories of labourers. However, subject to the other provisions of any other law for the time being in force in the country, the minimum rates of wages for any person/persons below 18 years of age and/or disabled persons are 70% respectively of the rates payable to adult workers of the appropriate category.

b) The Contractor shall notwithstanding the provision of any contract to the contrary cause to be

paid in fair wages to the labourers directly engaged on the works including any labour engaged by the sub Contractor in connection with the said work, as if the labourer had been immediately employed by him.

c) Display of notices regarding wages etc. The Contractor shall before he commences his work of contract, display and correctly maintain

and continue to display and correctly maintain in a clean and legible condition at conspicuous places on the work site, notices in English and in the local Indian language spoken by the majority of the workers stating therein the rates of wages which have been fixed as fair wages and the hours of work for which such wages are earned and send a copy of such notices to the Port.

d) Wages book and wage slips. The Contractor shall maintain a wage book of each worker in such forms as may be convenient

but the same shall include the following particulars:- i) Rate of daily or monthly wages, ii) Nature of work on which employed, iii) Total No. of days worked during each wage period. iv) Total amount payable for the work during each wage period. v) All deductions made from the wages with an indication in each case of the ground for which

the deductions are made. Wages actually paid for each wages period. vi) A wage slip for each worker employed on work provided that the Port may grant exemption

from the maintenance of the wage slip, if in his opinion not more than 19 persons are likely to be employed directly or indirectly on the work but in any case he will have to maintain wage books.

e) Preservation of books and slips.

The wage book and the wage slips shall be preserved for a period of not less than 12 months after the date of last entry made in it.

f) Inspection of books and slips. The Contractor shall allow inspection of the aforesaid wage books and wage slips to any of

his workers or to an agent at a convenient time and place after due notice is received


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from the Engineer or any other person authorized by him on his behalf. g) Powers of the Engineer to make investigation/enquiries The Engineer or any other persons authorized by him on his behalf shall have powers to make

enquiries with a view to ascertaining the enforcement due and proper observance of the “Fair Wages Clause”. He shall also have the power to investigate into any complaint regarding any default made by the Contractor or subContractor in regard to such provision. The Port shall have the right to deduct from the money due to the Contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-payment of aforesaid fair wages, except on account of any deduction that may be permissible under any law for the time being in force.

3.20 PLANT AND EQUIPMENT The Contractor shall at his own costs and expenses provide all labour, Plant, haulage,

transportation of Plant and equipment to be used for executing the Contract, all materials, stores, etc., required for efficiently carrying out and completing the work to the satisfaction of MPT.

3.21 INSPECTION AND TESTING OF WORK AT CONTRACTOR'S PREMISES a. The third party inspection agency shall be engaged by Mormugao Port Trust for

inspection of Solar Photovoltaic modules, Grid Tied Inverter, charge controllers equipments and other accessories, etc., at manufacture‟s works and at site as per Quality Assurance Plan (QAP) based on manufacturer‟s standard and relevant IS or equivalent standards which shall be approved by Mormugao Port.

b. The Engineer or his Representative shall have at all reasonable time access to the

Contractor's and sub Contractors premises/work site and shall have the power at all reasonable time to inspect, examine and test the materials & workmanship of the work during its Manufacture. The TP inspection agency / Engineers deputed for inspection & testing of equipments at Contractor‟s works and sub-Contractor‟s premises for which the necessary co-ordination & arrangements shall be made by the Contractor. All expenses of Engineers shall be borne by Mormugao Port Trust.

c. Only such works will be accepted and paid for which the Engineer or his authorised

representative may certify to be in strict accordance with the Contract. d. The Engineer or authorised representative on giving seven days notice in writing to the

Contractor setting out any ground of objections which may have in respect of the work, shall be at liberty to reject all or any materials of workmanship in the subject of any of the said grounds of objection which are not in accordance with the Contract.

e. In all cases where the Contract provides for tests whether at the premises of the

Contractor or any sub-Contractor or elsewhere, the Contractor except where otherwise specified shall provide free of charges such labour, materials, electricity, fuel, water, stores, apparatus and instruments as may reasonably be demanded, to carry out sufficiently such tests of the work in accordance with the Contract and shall at all time facilitate the Engineer and his assistant to accomplish such Testing.

f. The cost of all tests and/or analysis effected at the Contractor's or sub- Contractor's work

and on the installation site shall be borne by the Contractor. The cost of independent test and/or analysis which the Engineer In-charge or his authorised representative may cause to be made and which prove satisfactory shall be borne by the Contractor and also the


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Contractor will be called upon to pay all expenses incurred by the Engineer in respect of any work found to be defective or of inferior quality, adulterated or otherwise unacceptable.

g. Third Party Inspecting Agency shall certify the Solar Photovoltaic modules, Grid Tied Inverter,

charge controllers equipments and other accessories, etc., before transportation to MPT‟s site. The Contractor shall give the Engineer such reasonable notice of the progress of the work and shall intimate the tentative date of transportation & arrival at MPT‟s site well in advance. The Contractor shall furnish a certificate issued by Third Party Inspection Agency towards “Ready to transport” prior to transportation of Solar Photovoltaic modules, Grid Tied Inverter, charge controllers equipments and other accessories, etc., from manufacturing facility.

h. The third party verification will be done by the external agency appointed separately by MPT. 3.22 DRAWINGS The list of drawings, number of copies, mode of submission, approval will be mutually agreed

between the Bidder and MPT. However, the following drawings together with other drawings mentioned in other part of the Tender Document shall be submitted by the Bidder as required:

a. Site Map and Electrical related layouts and diagrams General Arrangement of Solar Photovoltaic modules, Grid Tied Inverter, charge controllers

equipments and other accessories, etc., c. General arrangement drawing of electrical panel showing layout of internals. d. Specification and requirement of spares and consumables indicating log and cat. Nos. make

etc. e. Design drawings for all civil works including foundation, electrical room, cable trench, cable

duct, etc. 3.23 TESTS ON COMPLETION AT MPT SITE a. On completion of fabrication of all items at the Contractor's premises and also when

Installation/final adjustments at site are completed in accordance with the Contract, the Contractor shall give the Engineer notice in writing thereof and before making the tests on completion of 7 days' notice in writing of the date on which he will be ready to make the said tests in accordance with and in the manner prescribed in the specifications.

b. If any portion of work fails under the tests to fulfil the Contract conditions, tests of the faulty

portion shall, if required by the Engineer or by the Contractor, be repeated within reasonable time upon the same terms and conditions.

c. If the Contractor neglects to make the 'Performance test' within the time stipulated by the

Contractor, MPT shall nevertheless have the right of using the Installations at the Contractor's risk until the 'Performance test' are successfully carried out.

3.24 DEFECT LIABILITY PERIOD In this condition the expression 'Defect Liability Period' shall mean a period of 5 years

calculated from the date certified at the time of acceptance. Defect Liability Period shall be extendable to the extent of idling of Equipment/ Facility (non-commercial use) due to non rectification of defects during the original or extended defect liability period; Reasonable period of response may be decided on case to case basis and indicated by the Port after


25


considering the nature and type of defect, its remedial process and scope of contract. 3.25 TIME OF ACCEPTANCE The supply, delivery and Installation of the equipment/ items at site shall be deemed to have

been accepted by the Port when the same shall have been installed, tested & commissioned and the Engineer shall have issued the final acceptance certificate.

3.26 INCOME TAX DEDUCTION Income tax, if any, as per the relevant provision of the Income Tax Act shall be deducted at

source from any payment payable to the Contractor. 3.27 NO INTEREST ON ACCOUNT OF DELAYED PAYMENTS Any claim for interest will not be entertained by MPT with respect to any payment or balance

which may be in their hands owning to any disputes between themselves and the Contractor or with respect to any delay on part of MPT in making payment.

3.28 CERTIFICATE AND PAYMENT 3.28.1 COMPLETION REPORT/COMMISSIONING CERTIFICATE On completion of work, the Contractor will apply to the Engineer along with the commissioning

certificate issued by Agency for the issue of MPT‟s commissioning certificate and the same will be issued within 10 days of the completion of work in all respects, after verifying from the completion documents and satisfying himself that the work has been completed in accordance with details set out in the construction and erection drawings, and the contract documents. No completion certificate shall be given nor shall the work be deemed to have been executed until the export of generated Solar power commenced and all scaffolding, surplus materials and rubbish are cleaned off the site completely.

The following will be fulfilled before issue of MPT‟s commissioning certificate or work shall not

be treated as complete till following are satisfied: a. The following work will be completed before issue of completion certificate by Mormugao Port

Trust:- (i) The work carried out based on technical specification of the tender, manufacturing standard

and relevant IS or equivalent. b. All works mentioned under the scope of the work completed except operation and

maintenance for 5 years. c. Contractor will furnish the commissioning certificate ON Grid Solar Photo Voltaic System as

given by Agency. d. Commissioning of all Plant completed satisfactorily. e. Four sets of as built drawings showing therein the modification and corrections made during

the course of execution signed by the Engineer in-charge. f. Certificates of tests performed for various works are to be handed over to MPT. g. Performance Bank Guarantee & Guarantee certificates are to be submitted to MPT. h. Operation and maintenance manual are provided as specified. 3.28.2 COMPLETION REPORT FOR COMPREHENSIVE O&M The Contractor shall submit the O&M report on every quarter along with the bill for releasing

the payment. 3.28.3 PAYMENT DURING CURRENCY OF AMC a. The successful Bidder shall submit the bills in two copies on half yearly basis. The payment


26


shall be made within 20 days from the date of submission of bill with relevant documents in all respects.

b. It is expressly understood that the release of payment to the successful Bidder in the manner specified will not be construed as the fulfilment of the Bidder's obligations either in part or whole under the contract and that the Bidder shall continue to remain responsible to MPT until all the obligations under the Agreement have been fulfilled.

3.28.4 PAYMENT OF CONTRACTORS BILLS THROUGH ECS The Bidder should submit the consent in a mandate form for receipt of payment through ECS

and provide the details of bank A/c in line with RBI guidelines for the same. These details will include bank name, branch name & address, A/c type, bank A/c number, bank and branch code as appearing on MICR cheque and IFSC code no issued by bank. Further, the Bidder should also submit certificate from their bank certifying the correctness of all above mentioned information in the mandate form.

3.29 PERFORMANCE GUARANTEE TOWARDS PERFORMANCE OF CONTRACT 3.29.1 Within 30 days of the receipt of the notification of the award of Contract from the Port, the

successful Bidder shall furnish to the Port, a performance Guarantee in the form of a Bank Guarantee (B.G), from a Nationalised/ Scheduled Bank, having their branch in Vasco, for an amount equivalent to 10% of the Contract Price (as indicted in LOA) excluding O&M charges Guaranteeing the performance of the Contract as per the draft Bank Guarantee form at Appendix 5 of this tender document. The validity of such Guarantee issued, towards performance of the Contract, shall be up to a period of 5 year from the date of successful commissioning and testing of the Solar Photo Voltaic Systems as per clause 3.28.1 of the tender, with a claim period of 6 months thereafter. The Bank Guarantee towards Performance Guarantee will be released after the receipt of first year Performance Guarantee for O&M period.

3.29.2 Failure of the successful Bidder to submit the required Performance Guarantee shall constitute

sufficient grounds for termination of the Contract & forfeiting the Earnest Money Deposit. 3.29.3 Performance Guarantee during O&M Period: The Bank Guarantee for first year shall be

submitted at the cost of 10% annual O&M charges before completion of 5 years Guarantee period with six months claim period. The subsequent year Bank Guarantee shall be submitted during 12th month of every year, then the previous year Bank Guarantee will be released.

3.30 INSURANCE: The Contractor shall take Insurance during 5 years Guarantee period and 5 years of O&M

period . Also Insurance to be taken for transit of materials to the site and for the installation. 3.30.1 INSURANCE OF WORK AT MANUFACTURER’S SITE The Goods supplied under the Contract shall be insured fully against loss or damage

incidental to manufacture or acquisition, transportation, storage, and delivery, in accordance.

The Contractor shall insure with the General Insurance Corporation of India or any other

insurance company approved by IRDA or its branches in appropriate Indian currency, if any, subject to the conditions that the premium will be payable to the corporation in Rupees such materials, tools, Plants and things ordered from the works till they are delivered at site and then those for the works may for the time being on site and shall keep them insured in his own name and that of MPT against destruction or damage by accident, fire, flood


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and tempests for the full value of such materials, Plants and things until the same to be taken over by MPT from time to time, when so, required by MPT produce the policy and receipt for the premium. All money received under any such policies shall be applied in or towards the reconstruction or preparation of the materials, Plant and things destroyed or damaged, but this provision shall not affect the Contractor‟s liabilities under contract.

Unless the Port shall have approved in writing other arrangements, the Contractor shall,

insure, so far as reasonably practicable the Works and keep each part thereof insured as may be mutually agreed between the Port and the Contractor against all loss or damage from whatever cause arising, until the Solar PV Plant is received at Port‟s site in good condition duly certified by the Third party inspection agency. The value of such insurance shall be at least equal to 110% of the contract price of 200KW Solar Photo Voltaic System including spare parts / tools cost.

3.30.2 Insurance during installation at site : The Contractor shall so far as reasonably practicable

insure against the Contractor's liability in respect of any loss or damage occurring whilst the Contractor is at Port‟s site for the purpose of making good a defect or carrying out the tests on completion during the installation & commissioning of the equipment at Port‟s site or for the purpose of completing any outstanding work and against any loss or damage arising during the defects liability period from a cause occurring prior to the taking over of new Solar PV Plant by MPT. For all practical purpose such insurance, during Defect Liability Period, shall be from an Indian Insurance Company. The value of such insurance shall be at least equal to 110% of contract price of 200 KW AC Solar PV Plant including spares parts/tools cost.

3.31 INSURANCE AGAINST THIRD PARTY LIABILITY AT SITE a. Before commencing the execution of work, the Contractor shall insure covering Third Party

Liability (TPL) against any damage or loss or injury which may occur to the equipment being shifted/ installed or to any property or to any person (including property and employees of the Port) by or arising out of the execution of the Works or temporary Works in carrying out of the Contract. The value of TPL policy shall be Minimum against occurrence of each incidence. The Contractor shall revalidate the insurance coverage after each incidence and keep the insurance coverage till certification.

b. Such insurance shall be effected with an Indian Insurance Company and in terms approved by

the Port Trust & Bidder shall submit the copy of policy of insurance to Engineer-In-Charge before arrival of equipment at site and shall be valid till Final Acceptance Certificate.

3.32 WORKMEN'S COMPENSATION The Contractor shall indemnify MPT in the event of the Trustees being held liable to pay

compensation for injury to any of the Contractor‟s servants or workmen under the Indian Workmen‟s Compensation Act 1923 as amended from time to time and shall take out an Insurance Policy covering all risks under the Act and shall keep the same renewed from time to time as necessary for the duration of the contract and produce the same to the Port on demand whenever so required.

3.33 DEFAULT OF THE CONTRACTOR If the Contractor makes any default or on the happenings of anyone or more of the following

events that is to say: a. If the Contractor without reasonable cause abandons the Contract or b. Suspends the carrying out of the Works for a reasonable time after receiving written notice

from MPT without any lawful excuse or fails to make proper progress with Works after


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receiving written notice from the Engineer –In Charge or c. Fails to proceed diligently with the work or d. Fails to give MPT proper facilities for inspection of the Works of any part thereof for three days

after receiving notice in writing by MPT demanding the same or e. The Contractor has become insolvent or f. The Contractor has gone into liquidation or passed the resolution for winding up or g. Upon the Contractor making an arrangement with or assignment in favour of his creditor or h. Upon his assigning this Contract or i. Upon an execution being levied upon the Contractor's good or j. Upon winding up order being passed by the C o u r t or a Receiver or Manager is

appointed in respect of any of the property of the Contractor or k. Possession is taken by or on behalf of any holder of any debentures secured by floating

charges of any of the property of the Contractor or l. Fails to complete all or any part of the Works during the time specified for completion of the

Contract or such extended time as may be granted by MPT. MPT shall have every right to terminate the Contract after issuing 60 days notice to the

Contractor, on his omission or negligence or neglect or default or failure to comply with any of the condition of the Contract.

3.35 MPT’s LIEN MPT shall have a lien on over all or any money that may become due and payable to the

Contractor under this Contract or any other Contract or from any amount lying with them or under their control and in respect of any debt or sum that may become due and payable by the MPT to the Contractor either alone or jointly with another or other and either under this Contract or under any other Contracts or transaction of any nature whatsoever between MPT and the Contractor.

3.36 SETTLEMENT OF DISPUTES 3.36.1 If any dispute of difference of any settlement of kind whatsoever shall arise between the Chief

Mechanical Engineer and the Contractor in connection with or arising out of the contract or the carrying out of the works (whether during the progress of the works, after the termination, abandonment of or breach of the contract) it shall in the first place be referred to be settled by the Chief Mechanical Engineer who within a period of 60 days after being requested by the contractor shall give written notice of his decision to the contractor, if the Chief Mechanical Engineer shall fail to give notice of his decision as aforesaid within a period of 60 days after being requested by the contractor as aforesaid or if the contractor be dissatisfied with any such decision then any such case, the contractor shall, within a further period of 30 days from the expiry of the first 60 days from the date of receipt of Chief Mechanical Engineer‟s decision, write to the Chairman putting forth his views why he is not in agreement with the decision given by the Chief Mechanical Engineer.

3.36.2 If the contractor, after receiving notice of the decision of the Chief Mechanical Engineer does

not refer the dispute to the Chairman seeking his decision, within a period of 30 days of the Chief Mechanical Engineer‟s decision then the Chief Mechanical Engineer‟s decision will be final and binding upon the contractor, and no further claim will exist thereto.

3.36.3 The Chairman shall, within a period of 60 days from the receipt of the request from the

contractor, give written notice of his final decision in the matter under dispute to the contractor. If the Chairman fails to give written notice of his final decision within a period of 60 days after being requested by the contractor as aforesaid or if the contractor be dissatisfied with any such final decision given, then the contractor may within a period of 30 days after the expiry of the period of 60 days from the date of his application to the Chairman or within a period of 30 days


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after receiving notice of such final decision, as the case may be, require that the matter or matters in dispute be referred to arbitration as herein after provided. If the Chairman has given the written notice of his final decision to the contractor, and no claim to the arbitration has been communicated to the Chairman by the contractor, within a period of 30 days from the receipt of Chairman‟s decision the said decision shall remain final and binding upon the contractor. If the Chairman fails to give written notice of his final decision to the contractor within a period of 60 days and no claim to the arbitration has been communicated to the Chairman or the Chief Mechanical Engineer by the contractor within a period of 30 days thereafter, then the decision given by the Chief mechanical Engineer shall remain final and binding upon the contractor as hereinafter provided such decision in respect of every matter as referred shall be final and binding upon the contractor until the completion of the work and shall forthwith be given, effect to by the contractor who shall proceed with the works with all the diligence whether he requires arbitration as hereinafter provided or not.

3.36.4 All disputes or differences in respect of which the decision (if any) of the Chief Mechanical

Engineer or the Chairman has not become final and binding as aforesaid shall be referred to the sole arbitration of Mechanical Engineer serving or retired of Central Government agencies, including Defence Service and or a member of Indian Council of Arbitrators, to be appointed by Chairman pursuant to and so as with regard to the mode and consequence of the reference and in all other respects to conform to the provisions of the Government of India Arbitration Act, 1940 (Act No. 10 of 1940) or any reenactment of statutory modification thereof for the time being in force. The sole arbitrator shall have full power to open up, review, and revise any decision, opinion, direction, certificate or valuation of the Chief Mechanical Engineer or the Chairman neither party, shall be limited in the proceedings before the Arbitration to the evidence or arguments put before the Chief Mechanical Engineer or the Chairman or the purpose of obtaining his decision. No decision given by either the Chief Mechanical Engineer or the Chairman in accordance with the foregoing provisions shall disqualify them from being called as a witness and given evidence before the sole Arbitrator as aforesaid.

3.36.5 The Arbitrator shall not enter on the reference until after the completion or the alleged

completion of works, unless with the written consent of the Board/Chairman/Chief Mechanical Engineer and the contractor provided always:- In the event of the Arbitrator to whom the matter is originally referred, is unable to act for any reason, the Chairman shall appoint another Engineer serving or retired of Central Govt. Agencies including Defence Service and or a member of Indian Council of Arbitrators as Arbitrator and he shall be entitled to proceed with the reference afresh or from the stage at which it was left by his predecessor. In all cases, the Arbitrator shall give a speaking/reasoned award.

3.37 EXTENSION OF TIME 3.37.1 The Contractor shall commence the works on site within the period indicated in the tender after

the receipt of an order in writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay except as may be expressly sanctioned or ordered by the Engineer or be wholly beyond the control of the Contractor.

3.37.2 The Contractor shall maintain the rate of progress required as per schedule. If the progress of

work is held up owing to circumstances, which in the opinion of the Engineer are beyond the control of the Contractor such as war, stormy weather and for other reasonable causes in the opinion of the Engineer, the Engineer may at his discretion, grant to the work extension of time as he considers reasonable for the completion of the work. In such circumstances, the Contractor shall apply for extension of time within fifteen days of the hindrance on account of which he desires such extension as aforesaid.


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3.37.3 The execution of the work during the extended period also, shall be only under the conditions and at the rates specified in the contract.

3.37.4 No claim shall be made by the Contractor on the grounds of executing the work beyond the

completion period stipulated in the contract. 3.38 ARBITRATION Disputes if any, between MPT and the Contractor during the currency of the Contract or

after the completion of the work or abandonment thereof shall be settled in accordance with Indian Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and rules made there under and for the time being in force shall apply to arbitration proceedings under this Contract. The disputes so raised shall be referred to a panel of two arbitrators, of which one to be appointed by MPT and other by the Contractor. The arbitration proceeding shall take place in Goa or at Administration Building, MPT only, and the same shall be under jurisdiction of High Court of Goa.

3.39 TERMINATION OF CONTRACT If the Contractor does not perform the Contractual obligations satisfactorily, as far as

Commissioning the equipment for commercial use within stipulated time frame, the Contract is liable to be terminated after issue of notice of 60 (Sixty) days to the Contractor and the Security deposit will be forfeited.

3.40 FORCE MAJEAURE If the supply, Commissioning and Testing of equipment is hindered due to force majeaure such

as, war, riots, civil commotion, fire, epidemics, natural calamities like rain, flood, earthquake, cyclone, draught, etc. such period shall be exempted from Completion period as mentioned in clause 3.10 of this tender document.

3.41 LABOUR LAWS The Contractor shall comply with all the provisions of the Labour Laws and the rules and

regulations made there under as amended from time to time and as applicable from time to time with regard to the employees to be deployed by the Contractor for erection, Testing, Commissioning of equipment.

3.42 OUTBREAK OF WAR If during the currency of the Contract, there shall be an outbreak of war (whether war is

declared or not) in any part of the world which, whether financially or otherwise, materially affects the execution of the Works, the Contractor shall, unless and until the Contract is terminated under the provision in this clause contained, use his best endeavours to complete the execution of the Works, provided always that either MPT or the Contractor shall be entitled, at any time after such outbreak of war, to terminate this Contract by giving notice in writing to the other ,and upon such notice being given this Contract shall terminate, but without prejudice to the rights of either party in respect of any antecedent breach.

3.43 MISTAKE IN CONTRACTOR'S DRAWING The Contractor shall be responsible for and shall pay for any alterations of the work due to any

discrepancies, errors or omissions in the drawings or other particulars supplied by him, whether such drawings or other particulars supplied by him, have been approved by the Engineer or not.

3.44 DEFAULT OF MPT Interfering with or obstructing the written approval in this Contract, the Contractor shall be


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entitled without prejudice to any other rights or remedies to terminate his employment under the Contract by giving 90 (Ninety) days prior notice in writing to Port.

3.45 GUARANTEE During the 5 years of free Guarantee p eriod the Contractor shall post at least one

competent, experienced and responsible Technical person who has experience of Erection, Testing and Commissioning of the Equipment, to co-ordinate and execute all works to be attended by the Contractor as per Contractual obligations. The cost for the same shall deem to be included in the capital cost. The Contractor shall also authorize his technical

representative to carry out monthly inspection and submit a monthly report before 10th day of

succeeding month to the Engineer. 3.46 GUARANTEE SUPPORT The Bidder shall submit Guarantee support programme, in detail, covering the methodology

and approach, which shall be adopted to ensure minimum failures and maximum availability of the Solar PV Plant. The Bidder shall provide details of his Guarantee program and after sales service capability including an organization chart, Guaranteed response times to requests for technical assistance and spare parts and a 24-hour help line.

3.47 AMENDMENT

No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by duly authorized representative of each party thereto.

3.48 NON-WAIVER a) Subject to GCC sub-clause 3.5 (b) below, no relaxation, forbearance, delay or

indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice affect or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of contract.

b) Any waiver of a party‟s rights, powers, or remedies under the Contract must be in writing,

dated, and signed by an authorized representative or the party granting such waiver, and must specify the right and the extent to which it is being waived.

3.49 SEVEREBLITY If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable,

such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions and conditions of the contract.

3.50 SUBSIDY

MPT shall avail the subsidy from MNRE. However, the Contractor shall assist MPT for availing the subsidy.



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SECTION 4

SPECIAL CONDITIONS OF CONTRACT 4.1.1 Special Conditions of Contract shall be read in conjunction with the General Conditions of

Contract, Schedule of Price, Technical Specifications, drawings and any other document forming part of this contract wherever the context so requires.

4.1.2 Where any portion of the Special Conditions of Contract is repugnant to or at variance with

any provisions of the General Conditions of Contract then unless a different intention appears, the provision of the Special Conditions of Contract shall be deemed to override the provisions of the General Conditions of Contract only to the extent that such repugnancy or variations in the Special Conditions of Contract are not possible of being reconciled with the provisions of General Conditions of Contract.

4.1.3 The materials, design and workmanship shall satisfy the applicable standards, specifications

contained herein and Codes Referred to. Where the Detailed Technical Specifications stipulate requirements in addition to those contained in the Standard Codes and Specifications (both International and Indian Standards wherever applicable), those additional requirements shall also be satisfied. In the absence of any Standard/Specifications covering any part of the work covered in this tender document, the instructions/ directions of Engineer-in-Charge will be binding on the Contractor.

4.1.4 In case of contradiction between Indian Standards, General Conditions of Contract, Special

Conditions of Contract, Specification, Drawings, Schedule of Rates, the following shall prevail in order of precedence.

(i) Detailed Letter of Acceptance along with statement and Agreed Variations and its enclosures. (ii) Schedule of Price. (iii) Special Conditions of Contract. (iv) General Conditions of Contract. (v) Technical Specification. (vi) Drawings. (vii) Indian Standard/Material Specification. (viii) Any other documents listed as forming part of the contract documents. 4.2 SCOPE OF SUPPLY AND WORKS 4.2.1 MPT proposes to implement a Solar PV power Plant of capacity 200 KW AC output on the

roof of the buildings at MPT as given below. a. MPT Hospital at Headland – 60kW b. Main Admin Building -- 40kW c. Secondary School -- 50kW d. Civil Maintenance Office – 50kW

4.3 SCOPE OF WORK 4.3.1 Design, Supply, Installation, Testing and Commissioning of 200 KW AC Grid Connected Solar

Photo Voltaic System on the rooftops of the buildings given above, including Comprehensive AMC for 5 years after c o m p l e t i o n o f 5 years Guarantee period.

4.3.2 With the commissioning of the Solar Power Plant, both solar and mains will be running

together. In addition, 320kVA Generator in hospital and 500kVA Generator at Main Admin


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Building also shall be synchronized to Solar power so that whenever mains fail both Generator and solar will be running together. Bidder may please note that only critical load has been connected to 320kVA DG at Hospital and not the entire load is on DG when the main fails. Any other details required in this context may be obtained from the Port Engineer.

4.3.3 Liaison with Goa Electricity Board and any other statutory authorities as applicable. 4.3.4 Any other a) works, b) supply of materials and c) providing services required for successful

commissioning and operation of the Solar PV Plant, but not specifically mentioned in the document.

4.3.5 Operation and Maintenance during the Guarantee period of 5 years. 4.3.6 Operation and Maintenance of the Solar PV Plant for the period of 5 years after completion of 5

years Guarantee period, and the Operation and Maintenance offer should be comprehensive. 4.3.7 Contractor shall ensure adequate spares are maintained to have uninterrupted operation and

minimum downtime during the Guarantee period. 4.3.8 In accordance with the above the execution of the project shall be on a turnkey basis. 4.3.9 Necessary training to MPT Engineers and workers about operations and maintenance of the

Solar PV Plant. 4.3 LOCATION OF SITE The location of site for the proposed work at rooftops of buildings of Mormugao Port Trust

stated at 4.2 above. 4.4 TIME SCHEDULE 4.4.1 The time schedule for completion of the 200 KW AC Grid Connected Solar Photo Voltaic

System will be reckoned from the date of Award of the contract which shall be the 15th day of issue Letter of Acceptance.

4.4.2 The time indicated is for completing all the works mentioned in Scope of Supply and Works

except O&M in all respects as per specifications, codes, drawings, etc is 5(five) months from the 15th day of issue LOA.

4.4.3 It should be noted that the period of construction given above includes preparation of

drawings, procurement, mobilization at site, design, fabrication, laying, inspection, testing, rectification, if any, re-testing etc. complete in all respects to the entire satisfaction of MPT.

4.4.4 Though the total time schedule for completion is indicated as 5 months excluding mobilization

period of 15 days, for operational convenience and for optimizing the project benefit, the Contractor shall complete commission the Solar PV Plants & the connected evacuation facilities and hand over in parts of the total contracted capacity from the end of 4 months.

4.4.5 The Contractor shall furnish MPT a detailed program for completing the works as indicated in

Clause 4.4.4 above. 4.5 PRICES 4.5.1 The prices shall be quoted in Indian Rupees Only as in the format as in Section 6 of the

bid document.


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4.5.2 The contract price shall remain firm and fixed till the completion of work in all respects and

no escalation in prices on any account shall be admissible to the Contractor. 4.5.3 All liabilities whatsoever on account of variation in foreign exchange rates, taxes, duties and

levies during the execution of the project shall be borne by the Contractor. 4.5.4 The prices are on turnkey basis. 4.5.5 Prices include cost of transportation of material/ equipment to site, storage and insurance

cover thereon. 4.5.6 The Contractor shall also take insurance cover for erection and commissioning including

third party claims. 4.5.7 The Operation and Maintenance charges, including cost of spares, consumables and

insurance for the Solar PV Plant shall be to the account of the Contractor including the 5 years Guarantee period.

4.6 TERMS OF PAYMENT 4.6.1 Payment shall be released on furnishing performance Bank Guarantee and signing the

Agreement by the Bidder as per the following terms :

PART-I For Items (1) i) 70% of payment will be released against supply of all equipment at site. ii) 20% of payment will be released against successful installation and

commissioning of Solar PV Plants at site in good condition. iii) Balance 10% of the payment will be released after taken over of the complete work as

per Clause 3.28.1. For Item (2 & 3) iv) 90% of the payment will be released against successful installation and

commissioning of Solar PV Plants. vi) Balance 10% of the PAC will be released after taking over from the Contractor.

4.6.2 Part-II (Payment terms for O& M Charges) No payment is payable during the Guarantee period. The payment during the remaining period

of 5 years will be half yearly subject to deduction penalties if any. MPT will be billed by the Contractor promptly following the end of each half year furnishing details of power exported during such completed half year.

The Bank Guarantee for the O&M charges equivalent to 10% of the annual O&M charges is to

be submitted before the expiry of 5 years Guarantee period. The Agreement for the O&M contract for a period of 5 years has to be signed before

the expiry of Guarantee period as per Appendix -6. 4.6.3. ECS Payment 4.6.3.1 The bidders are advised that all payments related to this subject work would be made through

ECS. The bidder would be required to provide particulars of their bank account along with their bid. The payment will be made through ECS only.


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4.6.3.2.Under this procedure, both MPT and the bidders are contractually bound by the

correctness of the bank particulars given in the award of contract and is therefore a more safe and secure method. In the event of change in bank account during the pendency of the order, it is the responsibility of the bidder to advise MPT of the changes under the signature of an authorized person in their letterhead and seek an amendment to the AOC if required.

4.6.3.3 Failure on the part of the bidder to communicate changes in bank account nos. (for reasons

which may include change in the constitution of a party due to amalgamations/ mergers/ take-over) or delay in receipt of communications or non-updation of bank account nos. may result in payments being made to an unrelated account for which MPT will not be responsible.

4.6.3.4. Bidder to submit the following in their letterhead for ECS procedure. Particular of bank A/C

Bank Name Branch Name & Address Phone No. Type of account Account Number Nine (9) Digit MICR Code Number of the Bank and branch IFSC Code Declaration letter from the bidder in his letter-head to participate in ECS of national clearing cell of reserve bank of India and the same to be attested by the Bank Manager.

4.7 GUARANTEE 4.7.1 The Guarantee period starts after Trial run. Bidder will provide Guarantee for a period of

five years, effective from the date of taking over of the Solar PV Plant mentioned in clause 5.22, against all manufacturing and design defects of the components, material, engineering and bad workmanship.

The extended Guarantee as above shall be backed up by the bidder under the operation

and maintenance contract as per Clause 4.28 below. 4.7.2 Bidder will undertake to repair and replace all the components as required during the

Guarantee period. The repair and replacement in case of breakdown should be completed within one week from the date of occurrence.

4.8 LIQUIDATED DAMAGE 4.8.1 The Liquidated Damages shall be deducted from any amount payable to or to be payable to

the Contractor/supplier including encashment o f Bank Guarantee or any Securities/Guarantees, i f a n y available with the Port Trust.

The maximum amount of Liquidated Damages shall be worked out based on the total contract order value inclusive of all taxes and duties thereon.

The Liquidated Damages/Late Delivery Charges shall be ½% of the contract value per week (a week is defined as 7 days inclusive of holidays) subject to a maximum of 10% of the total contract value of PART -I.

4.8.2 INCENTIVE AND PENALTY FOR CAMC: a) Machine Availability

The Contractor gives Guarantee for complete Solar Plants availability of 95% per year. In case annual average Plant availability of Solar Plants falls below 95% then THE CONTRACTOR shall compensate to MPT an amount equal to @ 2% of the annual O & M service charges for


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every 1% of shortfall below 95% of average Plant availability, subject to a maximum of 10% of the annual O & M service charges.

b) Guaranteed annual output of the Solar Plant shall be 3,00,000 units. However considering efficiency of inverters as 90%, the actual annual output of the Solar Plant is 2,70,000 (3,00,000x0.9) at the end of first year of commissioning.

A reduction in 1% in the Guaranteed output of the Solar PV is allowable at end of each year

upto 5 years. Thus the minimum Guaranteed output by the Solar Plant at the end of each year shall be as mentioned below failing to which the Contractor shall be liable for penalty.

End of Year Guaranteed Output

1st (Guarantee Period) 2,70,000

2nd (Guarantee Period) 2,67,300

3rd (Guarantee Period) 2,64,627

4th (Guarantee Period) 2,61,981


6th 2,59,361

7th 2,56,767

8th 2,54,200

9th 2,49,141

10th 2,46,650

c) Shortfall in generation: If for any Contract Year, it is found that the bidder has not been able to generate minimum

energy corresponding to 95% of Guaranteed annual generation of output for each year; such shortfall in performance shall make the Contractor liable to pay the compensation payable to Mormugao Port Trust. The rate of penalty will be Rs 1.5/kWh for the short fall in each unit below 95% of Guaranteed annual generation. However, this compensation shall not be applicable in events of Force Majeure identified under the bid with Port Trust

The total power utilization on Sundays and Holidays from 0600 hrs to 1800 hrs is

1000Kwh, while on week days is over 3600Kwh on all four sites. Since the Solar Power generation may be more than what is consumed on Sundays and Holidays, the penalty clause stated above will be exempted on Sundays and Holidays.

4.9 DRAWINGS Drawings accompanying the bidding document are indicative and issued for bidding purpose

only. The design and engineering of this work is part of Contractor's scope. Contractor shall submit to MPT all the drawings as per Schedule of Drawings.

4.10 EXECUTION OF WORK The Contractor shall be entirely responsible for executing the work covered under this bidding


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document in a workmanlike and expeditious manner as per the time schedule, specifications, drawings and construction aids such as arc welding sets, gas cutting sets, Solar PV Plant, chain pulley blocks, transportation equipments, tools and tackles as well as testing appliances such as test pumps, air compressors etc and the necessary supervisory personnel, skilled, semi-skilled and unskilled labour shall be provided by the Contractor to achieve the monthly/weekly targets and the overall time schedule. Preparing approaches and working area for the movement and operation of Solar PV Plant, leveling the areas for assembly and erection shall be the responsibility of the Contractor.

4.11 RESPONSIBILITIES OF CONTRACTOR/COORDINATION WITH OTHER AGENCIES 4.11.1 The Contractor's responsibility covers the coordination of all the works involved and the

expenses of site mobilisation and demobilisation including clearing activities. The quoted rates for various items are deemed to have appropriately catered for these and no separate claim whatsoever is entertainable.

4.11.2 Work shall be carried out in such a manner that the work of other agencies operating at the site

is not hampered due to any action/inaction of the Contractor. Proper co-ordination with other agencies will be Contractor's responsibility. It shall be the responsibility of the Contractor to obtain the approval for any revision and/or modifications decided by the Contractor from MPT/Engineer-in-Charge before implementation. Also such revisions and/or modifications if accepted/approved by MPT/Engineer- in-Charge shall be carried out at no extra cost to MPT. Any changes required during and/or after approval of detailed construction drawings due to functional requirements or for efficient running of system keeping the basic parameters unchanged and which has not been indicated by the Contractor in the data-drawings furnished along with the offer will be carried out by the Contractor at no extra cost to MPT.

4.11.3 It shall be entirely the Contractor's responsibility to provide, operate and maintain all necessary

construction equipments, scaffoldings and safety gadgets, Solar PV Plant and other lifting tackles, tools and appliances to perform the work in a workman like and efficient manner and complete all the jobs as per time schedule.

4.11.4 Preparing approaches and working area for the movement and operation of the equipments

including side booms and Solar PV Plant, levelling the areas for assembly, laying, installation/erection shall also be the responsibility of the Contractor. The Contractor shall acquaint himself with access availability to provide suitable allowances in his quotation. The Contractor may have to build temporary access roads to aid his own work, which shall also be taken care while quoting for the work.

4.12 TESTS AND INSPECTION 4.12.1. The Contractor shall carry out the various tests as enumerated in the Technical Specification

of this tender and technical document that will be furnished to the Contractor during the performance of the work at no extra cost to MPT.

4.12.2 All the tests either on the field or at outside laboratory concerning the execution of the work and

supply of materials by the Contractor shall be carried out by the Contractor at his own cost. 4.12.3 The work is subject to inspection at all times by the Engineer-in-Charge or other Agencies

appointed by MPT for the purpose. The Contractor shall carry out all instructions given during inspection and shall ensure that the work is being carried out according to the technical specifications of this tender, the technical documents that will be furnished to the Contractor during performance of work and the relevant codes of practice.


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4.12.4 The Contractor shall provide for purpose of inspections access ladders, lighting, equipment for testing necessary instrument etc. at his own cost, low voltage lighting equipment for inspection work.

4.12.5 All results of inspection and test will be recorded in the inspection reports, Performa of which

will be approved by the Engineer-in-Charge. These reports shall form part of the Completion Documents. Any work not conforming to the execution drawings, specifications o r c o d e s s h a l l b e rejected and the Contractor shall carry out the rectification at his own cost.

4.12.6. All bought out components whether indigenous or imported shall be fabricated / assembled as

p e r Q u a l i t y A s s u r a n c e P l a n w h i c h s h a l l b e submitted by the successful bidder and approved by Consultant/MPT.

4.12.7. All imported and indigenous component shall be witnessed by MPT/as per the approved QAP.

The charges shall be borne by the Contractor and is deemed to have been included in the quoted price.

4.13 FINAL INSPECTION After completion of all tests as per specification the whole work will be subject to a final

inspection to ensure that the job has been completed as per requirement. If any defects noticed in the work are attributable to the Contractor, these shall be attended by the Contractor at his own cost as and when they are brought to his notice by MPT. MPT shall have the right to have these defects rectified at the risk and cost of the Contractor if he fails to attend to these defects immediately. The inspection, tests and takeover procedure are explained in Clauses 5.16, 5.17, 5.18, 5.19 and 5.22. However, the complete erection, testing, commissioning of all Solar PV Plants will be carried out by agency at the proposed site including taking over.

4.14 QUALITY ASSURANCE Bidder shall include in his offer the Quality Assurance plan containing the overall quality

management and procedures, which is required to be adhered to during the execution of contract. After the award of the contract, detailed Quality Assurance Plan to be followed for the execution of contract under various divisions of works will be mutually discussed and agreed to

4.15 STATUTORY APPROVALS 4.15.1 The approval from any authority required, as per statutory rules and regulations of

Central/State Government shall be the Contractor's responsibility. 4.15.2 The application on behalf of MPT for submission to relevant authorities along

with copies of required certificates complete in all respects shall be prepared and submitted by the Contractor well ahead of time so that the actual construction/commissioning of the work is not delayed for want of the approval/inspection by concerned authorities. The Contractor shall arrange the inspection of the works by the authorities and necessary coordination and liaison work in this respect shall be the responsibility of the Contractor.

4.15.3 The Contractor, free of charge, shall carry out any change/addition required to be made

to meet the requirements of the statutory authorities. The inspection and acceptance of the work by statutory authorities shall, however, not absolve the Contractor from any of his responsibilities under this contract.

4.16 PROJECT SCHEDULING & MONITORING The following schedules/documents/reports shall be prepared and submitted by the

Bidder/Contractor for review/ approval at various stages of the contract.


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4.17 ALONG WITH BID 4.17.1 Time Schedule The Bidder is required to submit a Project Time Schedule in Bar Chart Form, along with

the Bid. The Schedule shall cover all aspects like sub- ordering, manufacturing and delivery, sub-contracting and construction within the completion time indicated in the Bid Document. MPT interface activities, if any, shall be clearly identified with their latest required dates. MPT reserves the right to disqualify the Bidder if the above Schedule submitted by the Bidder is not in line with the overall project requirement.

4.17.2. Scheduling & Monitoring System The Bidders should describe their system of Project Scheduling and monitoring, the extent of

computerization, level of detailing, tracking methodology etc. 4.18 PROJECT REVIEW MEETINGS The Contractor shall present the Programme and status at various review meetings as

required. A. Weekly Review Meeting: Level of Participation: Engineer-in-charge and Contractor's Site In charge and Job

Engineers Agenda: a) Weekly programme v/s actual achieved in the past week and programme for next week. b) Remedial Actions and hold up analysis. c) Client query/approval Venue: MPT dur ing Engineer ing Stage and Project Site Of f ice dur ing Construction B. Monthly Review Meeting:

Level of Participation: Senior Officers of MPT and Contractors. Agenda:

a) Progress Status/Statistics. b) Completion Outlook c) Major hold ups/slippages d) Assistance required e) Critical issues. f) Client query/approval

Venue: MPT during Engineering Stage and Project Site Office during Construction Contractor shall make a Minutes of Meeting after every meeting with in TWO working days and submit to MPT.

4.19 PROGRESS REPORTS: A. Monthly Progress Report: This report shall be submitted on a monthly basis within Ten Calendar days from cut-off date

as agreed upon, covering overall scenario of the work. The report shall include but not be limited, to the following:

a) Brief introduction of the work. b) Activities executed/achievements during the month c) Schedule v/s actual percentage progress manufacturing/delivery, sub- contracting,


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construction and overall work. d) Quantum wise status of purchase orders against scheduled shall also be indicated. e) Areas of concern/problem/hold ups, impact and action plans. f) Resources deployment status. Distribution: MPT: Six copies along with a soft copy, which shall be emailed to the Engineer in

Charge 4.20 ACCEPTANCE OF OFFER The Contractor shall acknowledge the receipt of Order/ LETTER OF ACCEPTANCE within 10

days of mailing of the same and any delay in acknowledging the receipt will be a breach of contract and compensation for the loss caused will be recovered by MPT by forfeiting the Earnest Money Deposit/Bid bond.

4.21 SUB-LETTING OF THE WORK The bidder shall indicate in his offer the works, which he intends to sublet to the sub-

Contractors. The Contract Agreement will specify the major works for which the Contractor proposes to engage the Sub-Contractor. The Contractor from time to time propose any addition or deletion to the list and will submit proposals in this regard to the Engineer-in-Charge for approval well in advance so as not to impede the progress of work. Such approval of the Engineer-in-Charge will not relieve the Contractor from any of his obligations, duties and responsibilities under the contract.

4.22 SUB-CONTRACTOR At the commencement of the job the Contractor shall supply to the Engineer-in-Charge,

list of all sub-Contractors or other persons or firms engaged by the Contractor to work at the Site. Any bidder who had submitted the bid for this tender and does not get the contract because of his being not the lowest will be prohibited from working as sub-Contractor for execution of this contract. List of Contractors shall be provided for in the Contract Agreement.

4.23 FAILURE OF THE CONTRACTOR If the Contractor fails to complete the work and the order is cancelled, the amount due to the

Contractor on account of work executed, if payable, shall be paid only after due recoveries as per the provisions of the contract and that too after alternative arrangements to complete the work has been made.

4.24 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK The work during its progress (or) during the defect liability period can also be inspected by

the Chief Technical Examiner (or) his authorised representatives of the Central Vigilance Commission of MPT and any defects pointed out by him shall be attended by the Contractor.

4.25 CONTRACT DOCUMENT 4.25.1 The following shall form the contract documents:

a) Statement of Agreed Variations, if any. b) The detailed Letter of Intent/Acceptance along with its enclosures c) LOA awarding the works to the Contractor. d) Addendum/corrigendum to tender documents issued if any. e) Original tender documents issued with its enclosures.

4.26 OPERATION AND MAINTENANCE The operation and maintenance of the Solar PV Plant up to the point of supply for a period


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of 10 years including 5 years Guarantee period is the responsibility of the bidder. Operation and Maintenance during this period shall include supply of spares, consumables, machine breakdown insurance, General comprehensive insurance covering fire, earthquake and provision of security personnel. Copies of the Insurance Policies are to be given to MPT as and when taken. The Contractor shall ensure efficient operation of the Solar PV Plant and the associated facilities to achieve the maximum power generation from the Solar PV Plant. For this purpose the Contractor shall engage the services of adequate number of Engineers and Technicians. The Contractor shall also attend to all failures, rectifications, breakdowns, comprehensive Operation and Maintenance checks. Daily Monitoring Information System (MIS) reports with generation and down time analysis data has to be sent to MPT corporate office by E - mail. The Contractor should not misuse the land and assign responsibility for the safety of machinery within the premises.

4.27 SECURITY DEPOSIT, FORCE MAJURE & ARBITRATION Security deposit, Force Majure and arbitration shall be governed by the relevant clauses in the

General conditions of the Contract.



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SECTION 5

TECHNICAL SPECIFICATIONS 5.1 Location of Project MPT through this tender intend to establish roof top SPV at various locations within MPT to

utilize Solar energy efficiently. The aim of the project will be to utilize latest technology to harness power from sun, maintain and continuously monitor the performance of the system .Hence efficient Solar panel in market is envisaged for the system.

The total system shall be as follows. ON GRID Solar Photo Voltaic Module of 200 kW AC (240 kW DC peak) Output minimum at

standard test condition with 200 KW AC output string inverters shall be installed at Rooftop of buildings and synchronized with Goa Electricity Department supply and injected to internal grid of an LT system within the each building viz. Administrative office, Civil Maintenance, Hospital and Secondary School. Reverse power relay shall be provided for protection of Solar System so as to prevent flow of energy back to Goa Electricity Department main Grid. The details of Rooftop Solar Plants to be installed on different building are given below.

1) MPT Hospital----------------------------------------60KW 2) Main Administrative Building---------------------40KW 3) Secondary School Building ----------------------50KW 4) Civil Maintenance Office--------------------------50KW

All the above system should be metered and Energy generated shall be recorded using energy

meters. All the hardware shall be as per the makes specified in the tender and if any customized software is used for the project the source code and the macro/micro architecture shall be provided to the client.

5.2 EXISTING POWER SUPPLY ARRANGEMENTS & ACCESS: Mormugao Port Trust has three nos. HT connections viz. 250 KVA/11KV HTC-184 at Hospital,

100KVA/11KV HTC-37 at Headland and 5833kVA/33KV at Mechanical ore handling Plant (MOHP) which is feeding AO building from Goa Electricity Department. The proposed Solar system to be connected to the various building loads. Grid interactive system shall be designed to meet the load requirement at day time. Logical circuit shall be designed to switch on and off the power from Solar such that flow of Solar power through the Goa Electricity Department energy meter is prevented.

5.3 SCOPE OF SPECIFICATION: The bidder should note that the specifications furnished in the tender is of general nature only

and it is the responsibility of the bidder to design, supply, install, commission and put in operation of the equipment and services required for the satisfactory performance of the Solar Power System. The Solar PV system shall be synchronized with existing power system and the energy produced and utilized need to be properly monitored.

The scope of this specification shall cover study of site condition and based on that design,

engineering, manufacture, shop testing, inspection, packing & forwarding, transportation up to project site loading & unloading, storage in safe custody, erection, carrying out preliminary


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tests at site, commissioning, performance testing of Solar Photovoltaic system with associated components and handing over to the purchaser all the equipment installed including five years Guarantee from the date of handing over and an additional warranty as specified in conditions of contract.

The systems shall be complete with PV modules, mounting structures, clamps and accessories

,necessary civil works, inverters and charge controllers, metering system, junction boxes, AC, DC distribution panels, necessary communication provisions for monitoring and power/energy generation, cables and any other equipment necessary for safe and efficient operation of the SPVS.

The work shall also include interconnection of SPVS with DB and synchronization with existing

system is included in the scope of the Contractor. The bidder will provide power supply using required size of cable up to point of connecting to the existing grid and necessary grid interconnection shall be done by the Contractor. Earthing as required for the system shall be provided is also in the scope of Contractor. All other cables, wires, switches, accessories, conduit, earthing & panels shall be considered in the Bidders scope.

The scope of supply shall also include comprehensive insurance of the products against

theft/damage/defects and human beings involved against accidents up to completion of work and handing over. Storage & transportation is also in the scope of the Contractor.

All the Electrical works shall be carried out as per the relevant codes and standards and as per the guide lines of prevailing Electrical inspectorate. Any liasoning work required for Electrical inspectorate approval shall be in the scope of the Contractor and the rate quoted by the Contractor shall be inclusive of the same. The Contractor shall not claim any additional fee for laisoning work and he shall prepare all the necessary documents such as drawings as required for the approval.

The civil works including foundation for the supports for SPV/ any chipping works and

refinishing by plastering and painting for installation of complete system shall also be in scope of the Contractor.

All the necessary co-ordination with regard to sub-contracted items shall be carried out by the

Bidder. The purchaser/Engineer will communicate only with the Bidder for all matter pertaining to this contract.

The Bidder shall be responsible for obtaining necessary statutory approvals / prior approvals,

from Local bodies, Electrical Inspectorate, State Pollution Control Board, etc. if any as applicable. All MNRE guidelines for the material and installation should be followed by the bidders.

The total price quoted for this contract shall be all-inclusive basis and shall cover all items and

service necessary for successful completion of the contract. All the fittings and accessories that might not have been mentioned specifically in the specification but are necessary for equipment of the system, shall be deemed to be included in the specification and shall be supplied and furnished by the Contractor without any extra charge.

The power from string inverters shall be taken to a distribution panel with multifunction meters

at outgoing (Ammeter, Voltmeter ,PF, Energy Consumption with a logger that has communication port of RS 232 shall be provided).Necessary number of MCCB with suitable overload and short circuit rating shall be provided for incomer and outgoing. Approval from


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MPT shall be taken prior to manufacturing. Panel shall be dispatched only after factory acceptance test by MPT.

The outgoing of the main SPV panel shall be taken through DC cable with proper protection of

suitable rating and shall be hooked up over existing panels/DBs. The rate for any modification of existing panel shall be inclusive of the rate quoted.

5.4 GUARANTEE AND AMC The successful Bidder shall Guarantee the material and workmanship of all components and

operation of the equipment for 5 Year from date of handing over of the work and shall meet the requirement of the specification. The Supplier shall warrant that the goods are new and of high quality and that the goods will be free of defects in design. If within the expiry of the stipulated Guarantee period the subject goods or any parts thereof are found defective because of design, workmanship or materials, the Supplier at his own expense shall repair or furnish install/ replace parts of design, workmanship and material approved by the Purchaser.

The supplier shall obtain similar Guarantees from each one of his Sub-Contractor. However the

overall responsibility shall lie with the bidder. The Guarantee period shall be for five year from the date of handing over the entire system

to the CLIENT. During the Guarantee period Solar Modules, Power conditioning Unit, Cables, Wires and other spare parts of the systems will be repaired/replaced by the supplier at their own cost. The Supplier should give additional warranty as per MNRE norms and in the Manufacturers letter head. This includes the mechanical structures, electrical works including power conditioners/inverters/charge controllers/ distribution boards/digital meters/ switchgear/storage conduits and wires etc. and Overall workmanship of the SPV power Plants/ systems must be Guaranteed against any manufacturing/design/installation defects for a minimum period of five years.

The supplier shall also furnish 2 sets of the approved manuals of instructions at the time of

inspection and taking over of the equipment. These manuals shall be properly bound in book form and contain all information, description of equipment, diagram etc., necessary to enable the customer to operate and maintain the whole system. In order to maintain the Plant, Spare parts for keeping minimum stock with measuring instruments are to be provided by the supplier.

The Contractor shall provide Comprehensive AMC (preventive maintenance and break down

maintenance) for a period 10 YEARS INCLUDING completion of 5 years Guarantee period. 5.5 CODES AND STANDARDS All Equipment and accessories shall comply to the requirement of standards published by

Bureau of Indian Standards (BIS). In case no BIS codes exist the equipments shall meet the requirement of international standard including IEC/IEEE for design and installation of PV system. The list of standards adopted shall be indicated in the bid.

The SPV Module must be provided with acceptable Test & Certified documents. The quality of equipment supplied shall be generally controlled to meet the guidelines for

engineering design included in the standards and codes listed in the relevant ISI and other standards, such as:

i IEC 61215 (2005)- Crystalline silicon terrestrial Photovoltaic (PV) modules – Design qualification and type approval.


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ii IEC 61730 Part 1 – requirements for construction of PV module & Part 2 - Photovoltaic (PV) module safety qualification and requirements for testing

iii IEC 61683, IEC 60068 2 (6, 21, 26, 27, 30, 75, 78) for efficiency measurements, environmental

testing of power conditioners/inverters. iv IEC 62093, IEC 60068 2 (6, 21, 27, 30, 75, 78) for design qualification, Environmental testing

of charge controller/MPPT units. v IEC 60189, IS 694, IS 1554, IS/IEC 69947 for general test and measuring methods PVC

insulated cables for working Voltages up to and including 1100 VDo-, UV resistant for outdoor installation

vi IS/IEC 60947 part I, II, III , EN 50521 for general requirements connectors-safety of switches/

circuit breakers/connectors vii IEC 62208 – general requirements of junction boxes/enclosures (for IP 65 for outdoor and IP 21

for indoor) viii IEC 62124 for PV stand alone system design verification ix IEC 60364-7-712 for electrical installation of buildings, requirements for SPV power supply

systems. In addition to the above standards, the whole system must conform to the relevant National/ International electrical safety standards.

5.6 SPECIFIC TECHNICAL REQUIREMENTS: Solar PV system shall consist of following equipments: Solar PV modules consisting of required number of PV cells. Fixed type module mounting system. Power Conditioning Unit/ Inverters Meter for monitoring energy generated, irradiation with communication capability Mounting structures Cables and hardware Junction box and distribution boxes Earthing kit PVC pipes and accessories Tool kit 5.7. DUTY CYCLE Average Hours of Operation/day of the inverter is 12 hrs per day as per climatic condition and

irradiation for grid tie system 5.8. PV ARRAYS

The PV modules convert the light reaching them into DC power. The amount of power they produce is roughly proportional to the intensity and the angle of the light reaching them. They are therefore required to be positioned to take maximum advantage of available sunlight within string constraints. Bidder will position the PV modules in such a manner that the maximum power is obtained with the sun's movements during the day.

The Photovoltaic modules must be qualified as per IEC 61215 (revised)/IS 14286/IEC 61646 standards and in addition, the modules must conform to IEC 61730-1 requirements for


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construction & Part-2 requirements for testing, for safety qualification. The test certificates can be from any of the NABL/BIS Accredited Testing Calibration Laboratories.

o Minimum Module efficiency shall be 15% .Supplier shall follow the latest engineering practice; ensure long-term compatibility requirements and continuity of equipment supply and the safety of the operating staff.

o The optimum generation of electricity of PV capacity installed vis-à-vis available Solar

radiation at the site may be obtained through use of lower cable losses, maximization of power transfer from PV modules to electronics, maximization of power generation by enhancing incident radiation.

The manufacturer shall arrange certification on qualification of PV modules.

The SPV cells shall be manufactured using unique highly efficient diffusion process or any other technology in vogue so as to ensure uniform diffusion profiler to achieve close spread and higher efficiency for each cell.

o Stabilized net output of the Solar PV Array for the Solar Power System should not be

less than the Nominal design level for the System under Standard Test Condition.

The PV module shall perform satisfactorily in humidity at MPT with temperature between -10 deg. C to +50 deg C and with stand wind dust as per MNRE norms from back side of the panel. Photo/electrical conversion efficiency of the modules of SPV module shall be greater than or equal to 15%. Since the modules would be used in a low/medium voltage circuit, the insulation test shall be carried out on each module and a test certificate to that effect provided. The bidder shall indicate minimum efficiency.

o The panel should have positive tolerance of 0 to +5 Wp Maximum output voltage shall

not exceed 1000V, the negative temperature coefficient of power

The PV modules shall be suitable for continuous outdoor use.

The material used for constructing the PV module shall be selected in such a way that it gives the maximum efficiency and the latest technology shall be adopted for the construction of PV module.

PV module shall be provided with frame of anodized channels for size and simplicity in installation offered as a single module or series parallel combination of modules. The PV module shall be provided with screen-less frame with Solar cable and connector. The module frame, if any, shall be made of a corrosion-resistant material which shall be electrolytically compatible with the structural material used for mounting the modules.

The PV modules shall be made of light weight cells, resistant to abrasion, hail impact, rain, water and environmental pollution. The PV modules shall be provided with anti reflection coating and back surface field (BSF) structure to increase conversion efficiency.

The PV module shall use lead wire with weatherproof connector for output terminal. o The power output of the PV system under Standard Test Conditions (STC) should be

sufficient to meet the requirement and the required power made of suitable module size depending upon manufacturer prudent practice with required output voltage. The number of modules to be supplied shall be worked out accordingly. Module less than 200 Wp capacity should not be supplied or installed. The rated output power of any


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supplied module shall not vary more than 3(three) percent from the average power rating of all modules.

The terminal box on the module should have a provision for opening for replacing the cable, if required. The module shall be provided with a junction box with provision of external screw terminal connection and with arrangement for provision for by-pass diode. The box shall have hinged, weather proof lid with captive screws and cable gland entry points. They should be proper, shock proof, corrosion resistant & safeties provision for cleaning, repair & maintains/replacement around the array of modules installed.

5.9. Identification and Traceability

Each PV module used in any Solar Power Project must use a RF identification tag (RFID), which must contain the following information. The RFID can be inside or outside the module laminate, but must be able to withstand harsh environmental conditions.

Name of the manufacturer of PV Module

Name of the Manufacturer of Solar cells

Month and year of the manufacture (separately for Solar cells and module)

Country of origin (separately for Solar cells and module)

I-V curve for the module

Peak Wattage, Im, Vm for the module

Unique Serial No and Model No of the module

Date and year of obtaining IEC PV module qualification certificate

Name of the test lab issuing IEC certificate

Other relevant information on traceability of Solar cells and module as per ISO 9000 series.


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Technical Specifications of Solar Photo Voltaic Module – 250Wp

5.10. INVERTER/POWER CONDITIONING UNIT (PCU) The term Inverter means the power conditioning unit which converts the DC power from the

SPV module to suitable AC voltage required for the load. All the electronic equipments which required for the efficient conversion of this power comes under the definition Inverter.

The DC power produced from SPV module is fed to inverter for conversion into AC. SPV

system AC power shall be fed to the load at single phase DB. The output of the inverter must be pure sine wave AC voltage of 415V and frequency of 50Hz.

The inverter control unit shall be so designed so as to operate the PV system near its

maximum Power Point (MPP), the operating point where the combined values of the current and voltage of the Solar modules result in a maximum power output. The capacity of Solar charge controller should meet the efficient utilization of the total SPV module. In this case the bidder shall have the option to give a separate charge controller unit for obtaining maximum

Electrical Data (STC in Accordance with IEC 60904-3)

Rated Power at STC Above 250Wp

Short Circuit Current - Isc (Amps) 8.75

Max Power Voltage - Vpm (Volts) 30.06

Max Power Current - Ipm (Amps) 8.32

Mechanical Data

Number of Cells and Cell Type 60 Mono crystalline Solar cells (156 x 156 mm)

Dimensions: length x width x height 1,660 mm x 990 mm x 35mm (approximately)

Weight 18 kg (approximately)

Front Glass 3.2 mm high transmission, tempered glass

Embedding EVA

Back Sheet composite film, white

Junction Box protection class IP 65

Cables 4 mm2 Solar cables, length 1000 mm

Connectors MC4 compatible

Permissible Operating Conditions

Operating temperature range – 400C to 850C

Max. System Voltage 1000 V DC

Max. Reverse Current 12.5 A

Maximum Surface Load Capacity 2400 Pa

Protection Class II

Warranty and Certificates

Performance Warranty 90% up to 10 years and 80% up to 25 years

Certifications IEC 61215 Ed. 2, IEC 61730, MCS and CEC accredited


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utilization of the SPV module. If the bidder chooses a separate charge controller then he should submit the supporting calculation and documentation including test certificates for approval along with technical bid.

The inverter shall be a true sine wave inverter for the proposed system. A complete data logger system with minimum 180 days data storing facility is required. This

data includes the information regarding healthy condition of Solar panel array. Typical technical features of the inverter shall be as follows:

Type - IGBT based Nominal AC output voltage and frequency - 400V, 3 Phase, 50 Hz Accuracy of AC voltage control - ±3% Voltage THD - <3% Solar charge controller - Build in MPPT Output frequency - 50 Hz Accuracy of frequency control - ±1% Protection of Enclosure - IP-65 (minimum) Power factor at rated power - 1 capacitive No-load losses - < 2% of rated power Minimum Protection - Over voltage/surge, Overload, short circuit, battery low, Over charge Minimum Warning indication (Audible & visual) - Over load, Over Voltage, ground fault

monitoring and grid monitoring, DC reverse polarity protection, A/c short circuit, all pole residual current monitoring unit

Inverter efficiency (minimum) - 95%

Liquid crystal display/LED shall be provided on the inverters front panel or on separate data

logging/display device to display following

DC Input Voltage DC Input current AC Power output (kW), kVA and frequency Current time and date Inverter Over Temperatures (C) Converter status Cumulative Energy generated PV panel voltage Inverter under voltage/over voltage

Power Conditioning Unit shall be capable of synchronizing independently and automatically

with grid power line frequency to attain synchronization and export power generated by Solar Plant to grid.

Nuts & bolts enclosure shall have to be adequately protected taking into consideration the

atmosphere and weather prevailing in the area and should be SS. Dimension and weight of the inverter shall be indicated by the bidder in the offer. All doors, covers, panels and cable exists shall be gasketed or otherwise designed to limit the

entry of dust and moisture. All doors shall be equipped with locks.


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5.11. ENERGY METER AND ACDB Energy meter with AC distribution board (ACDB) shall be provided for accounting and also

have to provide energy delivery for the customer as per the latest MNRE requirements. The MCB used in the ACDB should be sufficient to carry the full load current. The minimum rating of the above is 6Amp.

5.12 PROTECTIONS AND CONTROL PV system software and control system shall be equipped with following protections such as

under and over voltage conditions, surge protection, reverse power relays PV systems shall be provided with adequate rating MCB on inverter input side (DC) as well as output side (AC) for overload and short circuit protection and disconnecting switches to isolate the DC and AC system for maintenances are needed. Fuses of adequate rating shall also be provided in each Solar array module to protect them against short circuit. Suitable DC Distribution board (DCDB) with MCB etc. shall be provided on inverter input side (DC). The MCB used for this purpose should be sufficient to carry the full load DC current safely. Protection against lightning shall be provided and all the metal parts shall be earthed. RCCB of proper rating shall be provided.

5.13. POWER AND CONTROL CABLES: Power Cables of adequate rating shall be required for interconnection of: - Modules/panels within array - Array & DCDB - DCDB & Charge Controller/inverter - Inverter & ACDB - ACDB & Switch boxes - Switch boxes and light points - Light points and control wiring to LED Lights/Sockets The cables shall be of 1100 volt grade, copper conductor, XLPE/PVC insulated, PVC

sheathed, armoured and overall PVC sheathed, strictly as per IS: 7098 (Part I & II) – 1976 or IS 1554 or IS9537 Colour of the outer sheath shall be Black.

Power cables size for 1.1 kV Grade shall be chosen taking into account the full load current &

voltage drop. The allowable voltage drop at terminal of the connected equipment shall be max. 3% at full load. The derating factors viz. group duration of temp. duration shall also be considered while choosing the conductor size.

Control cables shall be FRLS type 1100 volts grade, copper conductor, PVC insulated, PVC

sheathed, armoured and overall PVC sheathed, strictly as per IS: 1554 (Part I) and other relevant standards.

The permissible voltage drop from the SPV Generator to the Charge controller shall not be

more than 2% of peak power voltage of the SPV power source (generating system). In the light of this fact the cross-sectional area of the cable chosen is such that the voltage drop introduced by it shall be within 2% of the system voltage at peak power.

All connections should be properly terminated, soldered and/or sealed from outdoor and indoor

elements. Relevant codes and operating manuals must be followed. Extensive wiring and terminations (connection points) for all PV components is needed along with electrical connection to lighting loads.


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The cable with suitable rating from PV module to inverter and then to ACDBs shall be provided by the bidder as per the site requirement. The rate shall be inclusive in the quoted amount in the item no 1.1 in the bill of quantities. Nothing extra will be paid in this regard.

5.14 EARTHING: Each array structure of the PV yard should be grounded properly as per IS:3043-1987. In

addition the lighting arrester/masts should also be provided inside the array field. Provision should be kept for shorting and grounding of the PV array at the time of maintenance work. All metal casing/shielding of the Plant should be thoroughly grounded in accordance with Indian electricity Act./IE Rules. Earth Resistance should be tested in presence of the representative of CLIENT/CONSULTANT after earthing by calibrated earth tester. PCU, ACDB, DCDB, supporting structures should also be earthed properly.

In case the SPV Array cannot be installed close to the equipment to be powered & a separate

earth has been provided for SPV System, it shall be ensured that all the earths are bonded together to prevent the development of potential difference between the two earths.

Earth resistance shall not be more than 5 ohms. It shall be ensured that all the earths are

bonded together to make them at the same potential. The earthing conductor shall be rated for the maximum short circuit current. The array structure of the PV modules shall be grounded properly using adequate numbers of

earthing pits. All metal casing/ shielding of the Plant shall be thoroughly grounded to ensure safety of the power Plant.

5.15. BIRD SPIKE Bird spike shall be provided to avoid birds sitting on the panel at highest point of the array. 5.16. DANGER BOARDS Danger boards should be provided as and where necessary as per IE Act/IE safety rules as

amended up to date. 5.17. JUNCTIONS BOXES OR COMBINERS Dust, water and vermin proof junction boxes of adequate rating and adequate terminal facility

shall be provided for wiring. The Junction Boxes shall be made of FRP/ aluminium/ABS Plastic with full dust, water & vermin proof arrangement. All wires/cables must be terminated through cable lugs. The Junction Boxes shall be such that input & output termination can be made through suitable cable glands. Each Solar shall be provided with fuses of adequate rating to protect the Solar arrays from accidental short circuit.

The junction boxes of polycarbonate Make are to be provided in the PV yard for termination of

connecting cables from array to Main Junction Box & Main Junction Box to Sequential Energy controller.

Copper bus bars/terminal blocks housed in the junction box with suitable termination threads

Conforming to IP65 standards for outdoor and IP21 for indoor. Single compression cable glands. Provision of earthing

5.18. CIVIL

Existing terrace/rooftop shall be used to install Solar PV array.


52


PV array shall be installed in the terrace space free from any obstruction and/or shadow.

PV array shall be installed utilizing maximum terrace space to minimize effects of shadows due to adjacent PV panel rows.

Adequate spacing shall be provided between two panel frames and rows of panel to facilitate personal protection ease of installation, replacement, cleaning of panels and electrical maintenance.

PV array shall be oriented in the south direction at a tilt angle with maximum possibility of Solar power harness, in order to maximize annual energy yield of the Plant.

Ample clearance shall be provided in the layout of the inventor and DC/AC distribution boxes for adequate cooling and ease of maintenance.

5.19. MECHANICAL

The min. clearance between lower edge of PV panel and terrace ground level shall be 0.5 m. to allow ventilation for cooling, also ease of cleaning and maintenance of panel as well as cleaning of terrace.

The height of each PV panel structures shall not exceed 3m above the terrace ground level.

The PV array structure design shall be appropriate with a factor of safety of min. 1.5

Each PV panel structures shall incorporate one bird repellent spike at a level higher than the panel edge. The location of the spike should be selected for minimum shadow effect.

Array support structure shall be fabricated using corrosion resistant GI or anodized aluminium or equivalent metal sections.

All fasteners should be primarily stainless steel to resist corrosion.

The support structure shall be free from corrosion when installed.

PV modules shall be secured to support structure using screw fasteners and /or metal clamps. Screw fasteners shall use existing mounting holes provided by modules manufacturer. No adequately treated to resist corrosion.

The support structure shall withstand wind loading as per MNRE norms.

Adequate spacing shall be provided between any two modules secured on PV panel for improved wind resistance.

The structure shall be designed to withstand operating environmental conditions for a period of minimum 25 years.

The support structure design for each building will require approval from MPT/TPI before installation of structure and PV modules.

It is required to design the grid structure (on which PV module will be installed) in such a way that all loads are transferred to the existing columns of the building. Such grid design should be presented to TPI, which are certified by qualified and approved structural engineers. Available drawing of the building will be provided to the agency on request.

The grid structure should be installed in manner to leave sufficient space for repair and maintenance aspect of the roof top, particularly for leakages.

The total load of the structure (when installed with PV modules) on the terrace should be less than 20kg/m2, approved structural engineers should certify after the building inspection that the building on which PV Plant is to be installed is able to take such loads.

Installation of grid structure for Solar PV mounting should not tamper with the water proofing of roofs.

5.20. DATA ACQUISITION SYSTEM / PLANT MONITORING Data Acquisition System shall be provided for each of the Solar PV Plant.

Data Logging Provision for Plant control and monitoring, time and date stamped system data logs for analysis with the high quality, suitable PC. Metering and Instrumentation for display of systems parameters and status indication to be provided.


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Solar Irradiance: An integrating Pyranometer (Class II or better, along with calibration certificate) provided, with the sensor mounted in the plane of the array. Readout integrated with data logging system.

Temperature: Temperature probes for recording the Solar panel temperature and ambient temperature to be provided complete with readouts integrated with the data logging system

The following parameters are accessible via the operating interface display in real time separately for Solar Power Plant: a. AC Voltage. b. AC Output current. c. Output Power d. Power factor. e. DC Input Voltage. f. DC Input Current. g. Time Active. h. Time disabled. i. Time Idle. j. Power produced k. Protective function limits (Viz.-AC Over voltage, AC Under voltage, Over frequency, Under frequency ground fault, PV starting voltage, PV stopping voltage)

All major parameters available on the digital bus and logging facility for energy auditing through the internal microprocessor and read on the digital front panel at any time and logging facility (the current values, previous values for up to a month and the average values) should be made available for energy auditing through the internal microprocessor and should be read on the digital front panel.

PV array energy production: Digital Energy Meters to log the actual value of AC/DC voltage, Current & Energy generated by the PV system to be provided. Energy meter along with CT/PT should be of 0.5 accuracy class.

Computerized DC String/Array monitoring and AC output monitoring shall be provided as part of the inverter and/or string/array combiner box or separately.

String and array DC Voltage, Current and Power, Inverter AC output voltage and current (All 3 phases and lines), AC power (Active, Reactive and Apparent), Power Factor and AC energy (All 3 phases and cumulative) and frequency shall be monitored.

The time interval between two sets of data shall not be more than 10 minutes. (A min. of 6 samples of data shall be recorded per hour.)

Data Acquisition System shall have real time clock, internal reliable battery backup (2 hours) and data storage capacity to record data round the clock for a period of min. 1 year.

Computerized AC energy monitoring shall be in addition to the digital AC energy meter.

The data shall be recorded in a common work sheet chronologically date wise. The data file shall be MS Excel compatible. The data shall be represented in both tabular and graphical form.

All instantaneous data shall be shown on the computer screen.

Software shall be provided for USB download and analysis of DC and AC parametric data for individual Plant

Provision for Internet monitoring and download of data shall be also incorporated.


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Remote Server and Software for centralized Internet monitoring system shall be also provided for download and analysis of cumulative data of all the Plants and the data of the Solar radiation and environment monitoring system.

Solar Radiation and Environment Monitoring System. Computerized Solar radiation and environment monitoring system shall be installed on one of the buildings along with the Solar PV Power Plant.

The system shall consist of various sensors, signal conditioning, data acquisition, LCD display and remote monitoring

Global and diffuse beam Solar radiation in the plane of array (POA) shall be monitored on continuous basis.

Ambient temperature and relative humidity near PV array, control room temperature, at the level of array plane shall be monitored on continuous basis

Solar PV module back surface temperature shall be also monitored on continuous basis.

Simultaneous monitoring of DC and AC electrical voltage, current, power, energy and other data of the Plant for correlation with Solar and environment data shall be provided.

Solar radiation and environment monitoring system shall have real time clock, internal reliable battery backup and data storage capacity to record data round the clock for a period of min. 1 year.

The data shall be recorded in a common work sheet chronologically date wise. The data file should be MS Excel compatible. The data shall be represented in both tabular and graphical form.

All instantaneous data shall be shown on the computer screen. Historical data shall be available for USB download and analysis.

Provision for Internet monitoring and download of data shall be incorporated.

Remote Monitoring and data acquisition through Remote Monitoring System software at the owner/SECI location with latest software/hardware configuration and service connectivity for online/real time data monitoring/control complete to be supplied and operation and maintenance/control to be ensured by the supplier. Provision for interfacing these data on SECI server and portal in future.

5.21. FACTORY TESTING The PV cells, Array modules, Inverters as well as supporting structures are to be used at the

factory test bed/or approved test lab by MPT/TPI for the conformation of the parameters outlined in the technical specifications of each component. The material would be accepted after having witnessed the test and to the satisfaction of MPT that the same are conforming to the technical specification. The arrangement for the testing etc shall be the responsibility of the Contractor. All the expenses in this regard for the travel, lodging, accompanying MPT / official, shall be borne by MPT.


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5.22 TOOLS & TACKLES AND SPARES After completion of installation & commissioning of the Power Plant, necessary tools & tackles

are to be provided free of cost by the Contractor for maintenance purpose. A list of requisite spares in case of PCS comprising of set of control logic cards, IGBT driver cards etc. Junction Boxes, Fuses, MCCBs etc along with spare set of PV modules to be indicated, shall be supplied along with the equipment. A minimum set of spares shall be maintained in the Plant itself for the entire period of warranty and which upon its use shall be replenished.

5.23 DRAWINGS AND MANUALS Two copies of Engineering, Electrical drawing and installation and O&M manuals are to be

supplied. Bidders shall provide complete technical data for each equipment giving details of the specification along with make/makes in their bid along with basic design of Power Plant and power evacuation, synchronization and distribution along with protection equipment. Approved ISI and reputed makes for equipment be used. For complete electro-mechanical works, bidders shall supply complete design, details and drawing for approval to MPT/TPI before progressing with the installation work.

5.24. ACCEPTANCE OF SYSTEMS AND PERFORMANCE EVALUATION The installer must verify that the system has been installed according to the manufacturer‟s

procedures and MNRE guidelines. A checkout procedure should be developed to ensure an efficient and complete installation.

5.25 SYSTEM DOCUMENTATION: It is essential that the owner have complete documentation on the system. System

documentation should include an owner‟s manual and copies of relevant drawings for whatever system maintenance might be required in the future.

5.26. INSTALLATION Installation shall be done by the qualified engineers who has adequate experience with

installation of the PV system. 5.27. MAINTENANCE REQUIREMENT DURING AMC Easy access shall be provided for all components in the SPV Plant. If special tools are required for installation and maintenance, the bidder shall indicate the same

to be supplied free of cost. The Bidder shall furnish operating and maintenance instruction manual to enable to carry out

maintenance of equipment effectively and safely. Washing/cleaning of SPV panels should be carried out as per the prudent practice by the Contractor during the AMC and Guarantee period.

Regular painting of the system to prevent rusting during the period of AMC 5.28 TEST AND TEST REPORTS Type test certificates for all the tests specified for the factory built Solar PV modules, and the

component parts shall be submitted by the Contractor. Supplier shall furnish copies of the test reports for approval before dispatch. Two sets of copies of the compiled and approved test certificates shall be submitted to the

Owner. 5.29. DRAWINGS AND DOCUMENTATION


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The Contractor shall furnish the following drawings after Award/Intent of contract and obtain approval.

General arrangement drawings and schematic drawings indicating all the specifications of hardware shall be provided to MPT/TPI before starting the installation. The installations shall be only as per the approved drawing of MPT.

The Contractor shall follow the drawings issued by MPT for the structure and the foundation. Necessary changes can be done as per the discretion of MPT considering the site situation by the Contractor after prior approval from MPT.

General arrangement and dimensioned layout Schematic Drawing showing the SPV panel and protection system including any logical control diagram as required.

Structural drawing along with foundation details for the structure.

Item wise bill of material for complete SPV Plant covering all the components and associated accessories.

Overall layout showing SPV Plant

Format for reports and charts for analysis of various parameters.

Format for annual maintenance including weekly preventive maintenance such as cleaning and preventive maintenance every Three months including testing of leads, earthing, battery voltage testing, testing of all internal wiring and all other installations as required.

Format of the report to be submitted to MPT for payment during AMC period. The report shall include photographs of SPV Plant, physical condition of the system, output voltage of inverter and output voltage of the panel, Average unit generation per day, Battery voltage, Condition of LED, Sockets and switches, wiring etc. Report shall also highlight the works done during AMC for preventive maintenance and break down maintenance. Theft of any part of installation shall be highlighted in the report.

5.30. INSTRUCTION AND O&M MANUALS Two copies of Instruction and Operation and Maintenance Manual in English should be

provided with the system. The manual shall be furnished at the time of dispatch of the equipment and shall include the

following aspects: i) Precautions during unpacking ii) Instructions for handling at site. iii) Erection drawings with written assembly instructions that would enable the Purchaser to carry

out erection with his own personnel if opted by him. iv) Detailed instructions and procedures for the installation operation and maintenance. v) Pre-commissioning tests. vi) About Solar PV system – its components and expected performance. vii) Instructions about mounting of PV module (s) About electronics viii) DO‟s and DONT‟s ix) Principle of Operation of various equipments


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x) Safety and reliability aspects xi) Metering scheme xii) About power conditioning units (inverter) and controls xiii) Clear instructions on regular maintenance and trouble shooting of Solar Power Plant. xiv) Name and address of the person or service centre to be contacted in case of failure or

complaint. xv) Outline dimension drawings showing relevant cross sectional views, earthing details and

constructional features. xvi) Rated voltages, current and all other technical information which may be necessary for correct

operation of the SV Plant. xvii) Catalogue numbers of all the components which are liable to be replaced during life of the SPV

Plant and all the component parts. xviii) Trouble shooting and diagnostic procedure xix) Customer training: Contractor shall provide necessary training at factory/site for mutually agreed duration and

number of persons to enable the purchaser to maintain the system. 5.31. SPARES: Necessary spares shall be supplied at free of cost by the Contractor during 5 years Guarantee

period and 5 years O&M period. 5.31. MEASUREMENT Quantities The quantities set out in the Schedule of Requirements are the estimated quantities of the

work, but they are not to be taken as the actual and exact quantities of the Work to be executed by the Contractor in fulfilment of his obligations under the Contract

Works to be Measured The Consultant/Client shall, except as otherwise stated, ascertain and determine by

measurement the value in terms of the Contract of work done in accordance with the Contract. He shall, when he required any part or parts of the Work to be measured, give notice to the Contractor‟s authorised agent or representative, who shall forthwith attend or send a qualified agent to assist the Engineer in making such measurement, and shall furnish all particulars required by either of them. Should the Contractor not attend, or neglect or omit to send such agent, then the measurement made by the Engineer or agent approved by him shall be taken to be the correct measurement of the work. For the purpose of measuring such permanent work as is to be measured by records and drawings, the Consultant shall prepare records and drawing month by month of such work and the Contractor, as and when called upon to do so in writing, shall, within fourteen days, attend to examine and agree such records and drawings with the Consultant and shall sign the same when so agree such records and drawings, they shall be taken to be correct. If, after examination of such records and drawings the Contractor does not agree the same or does not sign the same as agreed, they shall nevertheless be taken to be correct, unless the Contractor shall, within fourteen days of such examination, lodge with the Consultant, for decision by the Consultant, notice in writing of the respects in which such records and drawing are claimed by him to be incorrect.

Mode of Measurement The Works shall be measured net, as prescribed in the specification of work, notwithstanding

any general or local custom, except where otherwise specifically described or prescribed in the Contract. Wherever not specifically mentioned in the Contract, the mode of measurement as prescribed in the relevant IS codes shall be applicable and binding to the Contract. Only the


58


latest editions of all the codes of practices including all latest official amendments and revisions shall be applicable.

5.32. GURANTEED TECHNICAL PARTICULARS (TO BE FILLED BY THE BIDDER) For the following Solar PV Plants to be installed at MPT

1) MPT Hospital----------------------------------------60KW 2) Main Administrative Building---------------------40KW 3) Secondary School Building ----------------------50KW 4) Civil Maintenance Office--------------------------50KW

Sl Description Data filled by Bidder

1 SPV Module

Make

Total power of PV Module

Single PV Module power

Type

PV Module efficiency

Area required (square feet)

No. of cells in one PV module

DC rating of one module (Wp)

Connection configuration

Rated DC current of one module

Rated DC voltage of one module (Vmpp)

No. of PV module in one array (all in series)

Max. DC output voltage of Array (Volt)

No. of Arrays

2 Inverter

Make

Rating of inverter(KVA)

Nominal AC output voltage(volt)

Variation In Output Voltage

Nominal frequency(Hz)

Variation In Output frequency

No. of phases/ wire

Power Factor Range

Minimum Efficiency of Inverter (%)

No load Losses of Inverter(max)

Inverter output wave form

Voltage THD

Inverter switching frequency

Inverter switching topology

Solar charge controller

Solar CCU topology

AC charging topology

Inverter DC bus voltage

Working voltage range (DC bus)

Rated load surge power


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Protection

Warning indication (Audible & visual)

B. Warranty: (From the date of Handover)

SN Description Waranty

1 Solar PV Modules

2 Inverter system

5.33. MOUNTING STRUCTURE

Sl No. Description Data filled by Bidder

1 Type

2 Material

3 Overall dimensions

4 Coating

5 Wind rating

6 Tilt angle

7 Foundation

8 Number of Module structure

9 Fixing type (Bolted type or fixed type)

Makes recommended The makes of material recommended are exhibited in respective section. The offers shall be

strictly on the basis of the makes recommended. Where specified make and model nos. are indicated in the schedule of requirements, the bidder should quote for the same items.

List of Approved Makes of Equipment and Materials

Sl. No. Item Make of Materials/Equipment

1 Inverter/Charge Controller Delta, SMA, Refusol, Fronius, Bonfiglioli, APC, KACO

2 SPV PANEL EMMVEE, VIKRAM Solar, TATA Power Solar, Yingli, MISTUBISHI Electric, Canadian Solar and also MNRE approved make.

3 Distribution board Legrand, ABB, Indoasian, MK

4 MCB, RCCB Legrand, ABB, Indoasian, Havells, Standard,P&F

5 660/1100 volt grade stranded pvc unsheathed wire with copper conductor

Finolex, RR Kabel, L&T, Lapp Kabel,SARK

6 Modular type switches, Sockets, bell push, etc

Crabtree Athena, Legrand mosaic, MK blenze, North west

7 Cement Malabar Cement, Ultra tech, ACC, India Cement/Zuari, or any other brand with approval.

8 Paints ICI, Berger, Asian Paints


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9 Primer Altek, Berger, ICI, Asian

10 1.1kV Cu/Al Cable Havells,NICCO,Torrent,CCI,SARK

11 Conduits PVC Konseal,Balco/equivalent

5.34. Documentation The drawings, instruction manuals which are to be furnished by the Bidder shall be clearly

indicated with broad time schedule with respect to finalization of Contract 5.35. Operation and Maintenance Manuals Five sets of operation and maintenance manuals are to be supplied. The manuals must

be in English: a. The volume must contain the general description of the site and installations b. The primary data of the site, constructions, installations etc. c. The complete description of all installations with identification number as labelled,

manufacturer‟s name, type, serial number, settings explained, operation, etc. d. All information necessary for operation and maintenance e. All functions of technical installations should be clearly explained. f. Full description of when, how and where maintenance and operation check has to be

performed g. Maintenance overview, operation check list, instructions etc, which describe the kind and

extent of work on all items, shall be included. 5.36. Details of Bidder’s Drawings, Reports and Documents The list of drawings, number of copies, mode of submission, approval will be mutually agreed

between the Bidder and MPT. However, the following drawings shall be submitted by the Bidder for approval:

(i) Overall Plant layout; (ii) Layout for balance of Plant system (earthing, lighting protection, surge protection, etc.) (iii) Electrical layout and single line diagram; (iv) Structural drawing.

5.37. Taking over The taking over certificate can be issued when the following conditions are fulfilled.

T h e works have been completed in accordance with the contract. Commissioning of all Plants completed satisfactory. Test certificate issued. Performance Bank Guarantee and Guarantee certificates are submitted to MPT. Operation and maintenance manuals are provided as specified. Training of persons nominated by MPT

5.38. MAINTENANCE 1 The Bidder shall carry out the periodical/Plant maintenance as given in the manufacturer‟s

service manual. 2 Regular periodic checks of the Solar Power Plant shall be carried out as a part of routine

preventive maintenance during low wind period. In order to meet the maintenance requirements stock of consumables are to be maintained as well as various spare as recommended by the manufacturer as per the requirement.


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3. A maintenance record is to be maintained by the operator to record the regular maintenance

work carried out as well as any breakdown maintenance along with the date of maintenance, reasons for the breakdowns, steps to be taken to prevent recurrence.

4. The Schedules will be drawn such that some of the jobs other than breakdown, which may

require comparatively long stoppage of the Solar Power Plant, shall be carried out 5. The Bidder wi l l attend to any breakdown j obs immediately f o r repair/ replacement

/adjustments and complete at the earliest working round the clock. 6. The Bidder shall immediately report the accidents, if any, to the nominated MPT official & to

all the concerned authorities as per prevailing law of the state. 7. The Bidder shall comply with the provision of all relevant Acts of Central or State

Governments including payment of Wages Act 1936, Minimum Wages Act 1948, MPT's Liability Act 1938, Workmen's Compensation Act 1923, Industrial Dispute Act 1947, Maturity Benefit Act 1961, Employees State Insurance Act 1948, Contract Labor (Regulations & Abolishment) Act 1970 or any modification thereof or any other law relating whereto and rules made there under from time to time.

8. The Bidder shall at his own expense provide all amenities to his workmen as per applicable

laws and rules. 9. The Bidder shall ensure that all safety measures are taken at the site to avoid accidents

to his or his Co-Bidder. 10. Indemnify MPT for any losses arising out of above acts and shall undertake responsibility to

comply all statutory rules & regulations governed under the said acts. 11. If negligence/mal operation of the Bidder's operator results in failure of equipment such

equipment should be repaired/replaced by Bidder at free of cost. 5.39. QUALITY SPARES & CONSUMABLES In order to ensure longevity and safety of the core equipment and optimum

performance of the system the Bidder should use only genuine spares of high quality standards.

5.40. TOOLS AND TACKLES The Bidder shall arrange for all the necessary tools and tackles including crane for carrying out

all the operation & maintenance work covered under this contract. 5.41. SECURITY SERVICES The Bidder has to arrange proper security system including deputation of security personnel at

his own cost for the check vigil for the Solar power Plant during the contract period. Any occurrence of unlawful activities shall be informed to MPT immediately.

5.42. MANPOWER & UTILITIES Deployment of manpower, required consumables, testing equipment during erection till

commissioning and during O&M, arrangement of power & water as required for this contract shall be arranged by the Bidder.


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5.43. INTEGRITY PACT

The Bidders will have to submit on the plain paper, the duly filled-in, signed and stamped (on each page) Integrity Pact enclosed with the tender document along with their techno-commercial bid (Cover-I) of their offer, failing which their offer will not be considered any further. Names of the Independent External Monitors (IEMs) for this tender will be provided, if necessary, after the pre-bid meeting.

5.44. Bidder shall quote following details without fail 1. Capacity of Solar Photovoltaic panels in KWp ------------------

2. No. of SPV panels -------------------------------------- 3. Capacity of Grid Tied String Inverter 4. Roof top area to be used in Sq. M



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SECTION 7

TENDER EVALUATION CRITERIA

The price offer will be evaluated on the based on the lowest overall total cost. Where Overall Total cost = Total price mentioned in the Price schedule = Part - I + NPV of Part - II


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APPENDIX-1

PROFORMA FOR SUBMISSION OF TENDER

(To be filled up by the Bidder and issued in their letter head) Ref. : Date : From

..........................................................................

..........................................................................

To Mormugao Port Trust, [Refer Note 1 for Full Address] 1. Having examined the Tender Documents consisting of the Notice/Letter Inviting Tenders, Instruction to Bidders, General Conditions of Contract, Special Conditions of Contract, Standards and Specifications, Plans and Drawings, Time Schedule, Proforma for Agreement, Form of Schedule of Rates and Addendum/Addenda to the Tender Documents in connection with the ……………………………… [Name of Work] for Mormugao Port Trust, …………………… [Refer Note 1 for Full Address] and having understood the provisions of the said Tender Documents and having thoroughly studied the requirements of Mormugao Port Trust relative to the work tendered for and having conducted a thorough study of the job site(s) involved, the site conditions, soil conditions, climatic conditions, labour, power, water, material and equipment availability, transport and communication facility, availability and suitability of borrow areas, availability of right of way and temporary office accommodation and all other facilities and things whatsoever necessary for the performance of the work, I / We submit our tender offer for the performance of the proposed work in accordance with the terms and conditions and within the time mentioned in the Tender Documents at the rates quoted by me/us in the accompanying Schedule of Rates based on the Form of Schedule(s) of Rates included within the Tender Documents and arrived at a Total Contract Value of Rs……………………… (Rupees …………………….. only) based on an application of the rates tendered in the accompanying Schedule(s) of Rates to the relative quantities indicated in the Form of Schedule(s) of Rates forming part of the Tender Documents. 2. If the work or any part thereof is awarded to me / us, I / We undertake to perform the work in accordance with the Contract Documents as defined in the Proforma of Agreement forming part of the Tender Documents and accept the terms and conditions of the contract as laid down therein and undertake within 10 (Ten) days of receipt of Acceptance of Tender to pay to and / or deposit with Mormugao Port Trust a sum which together with the amount of Earnest Money deposited by me / us in terms hereof, shall make 10 (Ten percent) of the Total Contract Value as specified in the Acceptance of Tender for the purpose of Security Deposit, by any one or more modes of payments specified in this behalf in the General Conditions of Contract and to commence work as each job site(s) involved within 10 (Ten) days of handing over the job site or any part thereof to me/us, and to sign the formal contract in terms of the Proforma for Agreement forming part of the Tender Documents within 10 (Ten) days of receipt of Letter of Acceptance from and on behalf of Mormugao Port Trust in this behalf failing which Mormugao Port Trust shall be at liberty without further reference to me/us and without prejudice to any of its rights or remedies, to terminate the contract and/or to forfeit the earnest money deposited in terms hereof.


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3. I/We hereby further undertake to keep my/our tender offer valid for a period of not less than 180 days from the scheduled date of opening of tenders as specified in the Instructions to Bidders forming part of the Tender Documents. 4. I/We hereby further state that I/We/ none of us (in the case of partnership firm) was/were employed as Directors of Mormugao Port Trust during the 2(Two) years immediately preceding the date hereof (OR) I / We hereby declare that I / Shri. ………………., one of our partner (in the case of partnership firm) was employed as a Director of Mormugao Port Trust during the 2 (Two) years immediately preceding the date hereof and that I / Shri………………. have / has obtained previous permission of Mormugao Port Trust to make this tender. 5. I / We have annexed to this tender the following documents [Bidders to list down the documents] in accordance with the Instructions to Bidders, Clause No. 2.15 I / We hereby undertake that the statements made herein / information given in the Annexures referred to above are true in all respects and that in the event of any such statement or information being found to be incorrect in any particular, the same may be construed to be a misrepresentation entitling Mormugao Port Trust to avoid any resultant contract. 6. I/We further undertake as and when called upon by Mormugao Port Trust to produce for its inspection original(s) of the document(s) of which copies have been annexed hereto. 7. I/We confirm having deposited/enclosed Earnest Money of Rs……………. (Rupees ……………………..) as detailed hereunder [Strike off whichever is not applicable] : Yours truly, Signature of Bidder with seal Name: Designation: Address: Witness (Signature) Name: Address: Occupation: Bidders to Note: 1. The full address of Mormugao Port Trust‟s job site shall be either Port Office: Administration Building, Mormugao, - 403 804 or any other place as indicated in the NIT/ LIT.


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APPENDIX -2

ANNUAL TURNOVER STATEMENT

The bidder shall indicate herein his annual turnover during preceding 3 years based on the audited balance sheet/profit & loss account statement.

FINANCIAL

YEAR

ANNUAL TURNOVER (RS.) NET WORTH (RS.)

NOTE:

1. Copies of audited balance sheets with Profit & Loss account statement for last 3 years are enclosed along with the bid. 2. Bidder shall work out Net worth on following basis: Net Worth : Reserve + Capital - Accumulated loss (Net-Worth of the Bidder should be positive for the latest financial year)

SIGNATURE OF BIDDER :

NAME OF BIDDER :

COMPANY SEAL :


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APPENDIX -3

EXPERIENCE

Sr. No. Name of work

Value of work

executed Contract period

Scheduled

period of

completion

Organization‟s

name and

address

Commencement Completion

1

Note:- The copy of the work orders and satisfactory completion/ Performance certificate for the completed works shall be furnished


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APPENDIX -4.1

EXCEPTIONS AND DEVIATIONS (FOR COMMERCIAL PART)

SL.NO REF OF BID

DOCUMENT

SUBJECT DEVIATIONS

PAGE

NO.

CLAUSE NO.


NAME OF BIDDER :

COMPANY SEAL :


69


APPENDIX -4.2

EXCEPTIONS AND DEVIATIONS (FOR TECHNICAL PART)

SL.NO REF OF BID

DOCUMENT

SUBJECT DEVIATIONS

PAGE

NO.

CLAUSE

NO.


NAME OF BIDDER :

COMPANY SEAL :

Seal of the Company Signature of Bidder


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APPENDIX-5

PROFORMA FOR PERFORMANCE SECURITY BANK GUARANTEE

In consideration of the Board of Trustees, Mormugao Port Trust (hereinafter called “the Board”) having offered to accept the terms and conditions of the proposed Agreement between Board and (here, mention the name of the Contractor) (hereinafter called “the said Contractor(s)” for the work (here, mention the name of the contract work) (hereinafter called “the said Agreement”) having agreed to production of an irrevocable Bank Guarantee for Rs. (here, mention the PO value) (Rupees ……………… only) as a security/Guarantee from the Contractor(s) for compliance of his obligations in accordance with the terms and conditions in the said Agreement.

1. We (here, indicate the name of the Bank) (hereinafter referred to as the “Bank”) hereby undertake to pay to the Board an amount not exceeding Rs. (here, mention the PO value) (Rupees…………………………………..only) on demand by the Board.

2. We (here, indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from the Board stating that the amount claimed is required to meet the recoveries due or likely to be due from the said Contractor(s). Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. (here, mention the PO value) (Rupees…………………….only).

3. We the said Bank, further undertake to pay to the Board any money so demanded notwithstanding any dispute or disputes raised by the Contractor(s) in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder, and the Contractor(s) shall have no claim against us for making such payment.

4. We (here, indicate the name of the Bank) further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement, and it shall continue to be enforceable till all the dues of the Board under or by virtue of the said Agreement have been fully paid, and it claims satisfied or discharged, or till the Engineer-in-charge, on behalf of the Board, certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor(s), and accordingly discharges this Guarantee.

5. We (here, indicate the name of the Bank) further agree with the Board that the Board shall have the fullest liberty without our consent and without effecting in any manner our obligations hereunder, to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Board against the said Contractor(s), and to forbear or enforce any of the terms and conditions relating to the said Agreement, and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance, act of omission on the part of the Board or any indulgence by the Board to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s). 7. We (here,indicate the name of the Bank) lastly undertake not to revoke this Guarantee except with the previous consent of the Board in writing.

8. This Guarantee shall be valid upto (here, indicate the expiry date of the contract) unless extended on demand by the Board Notwithstanding anything mentioned above, our liability against this Guarantee is restricted to Rs. (here, mention the PO value) (Rupees………………………..only), and unless a claim in writing is lodged with us within six months of the date of expiry or extended date of expiry of this Guarantee all our liabilities under this Guarantee shall stand discharged.

Dated the………………day of ……………….. For --------------------------------BANK


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APPENDIX-6

FORMAT FOR CONTRACT AGREEMENT

This Agreement is made on the __________________________________ 20___ between the Board of Trustees of Mormugao Port Trust , Mormugao – 403 802, Goa State India (hereinafter called "the Port" which expression shall include the Board of Trustees of Mormugao Port Trust its successors and assigns) on the one Part and M/s (name & address)_________________________________________________ (hereinafter called "the Contractor" which shall unless excluded by or repugnant to the context be deemed to include their representatives and assigned or successor' in Office) on the other part. WHEREAS the Port is desirous that the works of "_____________________________ (description of work) _________________________________________________________ ___ _______________________________" be executed and has accepted the "Offer" by the Contractor for the execution of the said works now THIS AGREEMENT WITNESS as follows:- 1. In this Agreement works & expression shall have the same meanings as are respectively assigned to them in the conditions of contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement viz.:- A. Tender documents comprising of Instructions to Bidder, Appendix to Tender, General Conditions of Contract, Special Conditions of Contract, Scope of Work, List of drawings etc. B. The said "offer" of Rs. ________________________(in figure) Rupees ______________________________________________ (in words). C Acceptance letter No.______________ dated _________________ . D. The following correspondence is also part of the Agreement.

a) The Tender submitted by M/s. ______________________.

b) Port's letter of intent / Work order No._______________ dated ___________

c) LETTERS OF CORRESPONDENCE 3. In consideration of the payment to be made by the Port to the Contractor hereby converts with the Port to execute and complete the Works in conformity in all respect with the provision of the contract. 4. The Port hereby covenants to pay the Contractor in consideration of the execution, completion and maintenance of the works and the contract price at the time and in the manner prescribed by the contract. In witness whereof the parties here to have caused their respective common seals to be herein to affixed (or have herein to set their respective hands & seals). the day and year first above written. 5. SIGNED SEALED AND DELIVERED


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By the said By the said _______________________ ________________________ Name_____________________ Name____________________ On behalf of the Contractor On behalf of the Port In the presence of In the presence of Name_____________________ Name_____________________ Address__________________ Address__________________ ______________________ _________________________ _______________________ _________________________ NOW IT IS HEREBY AGREED as follows:

1. APPOINTMENT AND TERMS OF APPOINTMENT 1.1 APPOINTMENT

MPT appoints the Contractor and the Contractor accepts the appointment as Operation & Maintenance service Contractor, inter-alia to carry out; (a) Operation of the said facilities and related equipment as agreed hereunder, for the period and upon terms and conditions hereinafter Contained.

(b) Maintenance of the said facilities by providing both preventive and breakdown maintenance of the Solar Plants and related equipment of MPT with parts/components and consumables required for avoidance or removal of breakdowns/failures and to ensure timely supply of parts/ components consumables.

1.2 DURATION This Contract entered in for the operation and maintenance of the facilities (Solar Plants and related equipment under this Agreement) is assigned to the Contractor for a period of 5 (Five) Years commencing from the date of taken over of the system by MPT after completion of 5 years Guarantee period.

1.3 COMPREHENSIVE OPERATION & MAINTENANCE (CO&M) CHARGES 1. MPT shall pay CO&M Charges to Contractor for carrying out the work hereunder mentioned at

the rates as agreed and detailed in Price Schedule. 2. It is expressly agreed that the CO&M charges are not divisible or separable but shall be paid as

a whole on the due dates by MPT. 3. Such CO&M charges are inclusive at the applicable rates of Service Tax, works Contract Tax,

Education CESS and/or any other Government taxes, duties, levies, etc. The taxes and duties will be paid along with CO&M Charges by MPT as applicable from time to time. All payments in terms of this Agreement shall be subject to TDS.


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4. The Contractor shall raise invoices for all CO&M services. Notwithstanding anything stated in this Agreement, MPT is required to make payment of the CO&M service charges as applicable within 30 days of receipt of the correct invoices, from the Contractor.

2. SCOPE OF WORK 2.1 OPERATION AND MAINTENANCE SERVICES

The Contractor shall perform the services in relation to the Equipment in accordance with the Operation & Maintenance Schedule and safety procedures shall be submitted by the Contractor based on industry standard and approved by MPT for future maintenance.

2.2. PERFORMANCE GUARANTEE/ SECURITY DEPOSIT 2.2.1 Performance Guarantee during O&M Period: The Bank Guarantee for first year shall be

submitted at the cost of 10% annual O&M charges before completion of 5 years Guarantee period with three months claim period. The subsequent year Bank Guarantee shall be submitted during 12th month of every year, then the previous year Bank Guarantee will be released.

3.0 EXCLUSIONS 3.1 Equipment in the event of breakdown due to causes such as fire, natural calamities like cyclone,

earthquake, lightning, flood, civil disturbance, riots, malicious damage, terrorist acts or event that has been covered by the insurance policy. However, the Contractor shall make all best efforts to restore normal operation of the Facility at the earliest.

4.0 INSURANCE 4.1 The Contractor shall arrange Global/Group Insurance Policy covering the complete project till

taking over of Solar Plant by Mormugao Port Trust. 4.2 During CO&M and Guarantee period , if any failure of component(s) of Solar Plants and its

accessories, the same shall be replaced by the Contractor at his own cost. Necessary Insurance Policy shall be arranged by the Contractor during CO&M period.

4.3 Mormugao Port Trust shall take necessary Insurance Policy for Force Majeure events from the date of taking over of the installation by Mormugao Port Trust. However, necessary arrangement shall be provided by the Contractor.

4.4 Any failure of the installation during Force Majeure event, the cost of supply and reinstallation of the material shall be borne by Mormugao Port Trust.

5.0 GUARANTEE The Contractor extends the Guarantees with regard to the operation of the Solar Plants, as long as it carries out the Operation & Maintenance service of the Solar Plants on behalf of MPT.

6.0 PENALTY a) MACHINE AVAILABILITY

The Contractor gives Guarantee for complete Solar Plants availability of 95% per year. In case annual average Plant availability of Solar Plants falls below 95% then THE CONTRACTOR shall compensate to MPT an amount equal to @ 2% of the annual O & M service charges for every 1% of shortfall below 95% of average Plant availability, subject to a maximum of 10% of the annual O & M service charges.

b) Guaranteed annual output of the Solar Plant shall be 1,35,000 units at the end of first year of

commissioning.


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A reduction in 1% in the Guaranteed output of the Solar PV is allowable at end of each year upto 10 years. Thus the minimum Guaranteed output by the Solar Plant at the end of each year shall be as mentioned below failing to which the Contractor shall be liable for penalty.

c. Shortfall in generation:

If for any Contract Year, it is found that the bidder has not been able to generate minimum

energy corresponding to 95% of Guaranteed annual generation of output for each year; such

shortfall in performance shall make the Contractor liable to pay the compensation payable to

MORMUGAO Port Trust. The rate of penalty will be Rs 1.5/kWh for the short fall in each unit

below 95% of Guaranteed annual generation. However, this compensation shall not be

applicable in events of Force Majeure identified under the bid with Port Trust

The total power utilization on Sundays and Holidays from 0600 hrs to 1800 hrs is 1000KWh, while on week days is over 3600Kwh on all four sites. Since the Solar Power generation may be more than what is consumed on Sundays and Holidays, the penalty clause stated above will be exempted on Sundays and Holidays.

7.0 That the General conditions of the contract as per Section-X shall be applicable and is

agreed upon by the successful Bidder.

IN WITNESS OF WHERE OF MPT & the Contractor have caused this Agreement to be duly

executed by their duly authorized representatives the ________ day of _______ year Two

Thousand _______ first above written.

In witness whereof the parties hereunto have signed this Agreement this day, month and year written above.

End of Year Guaranteed

Output (kWh)

1st (Guarantee Period) 2,70,000

2nd (Guarantee Period) 2,67,300

3rd (Guarantee Period) 2,64,627



6th 2,59,361

7th 2,56,767

8th 2,54,200

9th 2,49,141

10th 2,46,650


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Signature

MPT

MORMUGAO.

In the presence of Shri

Signature of witness

And by Shri

the duly constituted attorney

on behalf of M/s.

Signature of the Contractor In the presence of

Signature of the witness

Signature of the witness


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INTEGRITY PACT

INTEGRITY PACT TO BE SIGNED BETWEEN MORMUGAO PORT

TRUST AND THE CONTRACTOR IS ATTACHED ALONG WITH THE

TENDER DOCUMENT


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APPENDIX 7

E- PAYMENT

To The Financial Advisor & Chief Accounts Officer, Mormugao Port Trust, Goa . Sir,

We hereby give particulars for payment of the works bill etc

Sl. No. Particulars

1 Name of the Bidder /Contractor

2 Address of the Contractor / Contractor

3 Name of the work for which payment is made

4 Estimate No, Agreement No, Work order no,

5 Name of the Bank in which Bidder / Contractor operating account

6 Address of the Bank

7 Branch Code No

8 Type of Account (Whether SB A/c or current A/c)


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9 Account No

10 PAN No

11 Service Tax Registration No

12 IFSC Code No (Bank)

13 TIN NO


79


APPENDIX-8

ORGANISATION CHART

Bidder is to indicate the following:

Designation of Name and short resume

Key personnel of experience

Estimated labour force: Peak: Average: _________________________

Signature of authorised Representative and rubber Stamp (seal) of the firm


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PRICE SCHEDULE

6.1 Part - I

Name of the Work: Design, Supply, Installation, Testing and Commissioning of 200 KW AC Grid Connected Solar Photo Voltaic System including Comprehensive AMC for 5 Years after completion of 5 years Guarantee period in Mormugao Port Trust”.


Sr.No.

Description of the work

Unit Qty Rate per Unit Total

Rate in Figure

Rate in words

1. Design, Supply of Solar Photo voltaic Grid connected system with 200 KW AC output (240kW DC peak) minimum at standard test conditions system including, 4x50KVA Grid connected 3Phase inverter with built-in MPPT charge controller, Array Junction Boxes, AC DB, DC-DB, DC copper cables for interconnecting modules, hot dip galvanized (120 Microns) module mounting structure as required at site for holding modules on structure, Online data monitoring system, Surge protector, Lightning arrestor, Module earthing as per tender specification for setting up of rooftop Solar Plants at following locations at MPT

1) MPT Hospital ---- 60KW 2) Main Admin Building---- 40KW 3) Secondary School --------50KW 4) Civil Maintenance Office -- 50KW

LS 1

2. Installation, testing and commissioning of 200KW AC output (240 KW DC peak) Grid connected system as per tender condition including all necessary approvals.

LS

3 Civil Works for module mounting structure and control room

LS

TOTAL

SERVICE TAX % (including Swatch Bharat Tax)

SUB TOTAL – (I)


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6.2. PART – II COMPREHENSIVE OPERATION & MAINTENANCE

PRICE OFFER FOR "Operation and Maintenance charges 200 KW AC Output Solar PV System (To be submitted in separate sealed cover, duly marked “PRICE OFFER”) Firm Price for 200 KW AC Solar Power Plant Project.

(Price in Indian Rupees Only)

Sl. No

Particulars

O & M Charges

Base Charge of O & M.

Yearly Escalation

Total O&M charges

(In Rs.) (In Rs.) (In Rs.)

1 Annual Maintenance Contract for the entire SPV Systems including preventive maintenance as per technical specification and attending break down maintenance for 10 YEARS INCLUDING successful commissioning of the project. Please refer technical specification.

1st year (Guarantee period) Nil

Nil

Nil

2nd year (Guarantee period) Nil Nil Nil

3rd year (Guarantee period) Nil Nil Nil

4th year (Guarantee period) Nil Nil Nil

5th year (Guarantee period) Nil Nil Nil

6th year (post Guarantee period)





SUB TOTAL – (II)

SUB TOTAL – (I)

GROSS TOTAL = SUB TOTAL – (I) + SUB TOTAL – (II)


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Note 1 The O & M Charges should be quoted in Rupees on „Firm‟ Basis. 2 Any item of work not mentioned in the above particulars, but written elsewhere scope of work

or technical specifications or essentially required for efficient Operation and Maintenance of Solar PV power Plant, safety of equipment and operating shall be deemed to have been included in the above particulars.

3 The prices should be written both in numbers and words 4 The prices mentioned for O&M at this page only shall be taken into consideration for

evaluation of offers. 5 The prices shall include all taxes, duties, insurance for transit, storage & and variation

in foreign exchanges rates and any other items not specifically mentioned but essential for successful completion of work.

Seal of the Company Signature of Bidder

DOCUMENT 2

PROFORMA OF PRE CONTRACT INTEGRITY PACT General

This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made

on____________ day of the month of _______________ 20__, between, on one hand,

the Board of Trustees of Mormugao Port Trust acting through Shri. ________________,

(Designation of the Officer), Mormugao Port Trust (hereinafter called the 'BUYER/

EMPLOYER', which expression shall mean and include, unless the context otherwise

requires, his successors in office and assigns) of the First Part and M/s.

____________________ represented by Shri.___________________________, Chief

Executive Officer (hereinafter called the "BIDDER/SELLER" which expression shall

mean and include, unless the context otherwise requires, his successors and permitted

assigns) of the Second Part.

WHEREAS the 'BUYER/ EMPLOYER' has invited bids for the ______________ and the

BIDDER/SELLER is submitting his bid for the same and

WHEREAS the BIDDER is a Private Limited company/Public Limited

company/Government undertaking/registered partnership firm/ constituted in

accordance with the relevant law in the matter and the 'BUYER/EMPLOYER' is

Mormugao Port Trust.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free

from any influence/prejudiced dealings prior to, during and subsequent to the currency

of the contract to be entered into with a view to:-

Enabling the BUYER/EMPLOYER to obtain the desired said

stores/equipment/services/works at a competitive price in conformity with the defined

specifications by avoiding the high cost and the distortionary impact of corruption on

public procurement, and

Enabling BIDDERS to abstain from bribing or indulging in any corrupt practice in order

to secure the contract by providing assurance to them that their competitors will also

abstain from bribing and other corrupt practices and the 'BUYER/ EMPLOYER' will

commit to prevent corruption, in any form, by its officials by following transparent

procedures.

The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:

Commitments of the 'BUYER/ EMPLOYER'

1.1 The 'BUYER/ EMPLOYER' undertakes that no official of the 'BUYER/EMPLOYER',

connected directly or indirectly with the contract, will demand, take a promise for or

accept, directly or through intermediaries, any bribe, consideration, gift, reward,

favor or any material or immaterial benefit or any other advantage from the

BIDDER, either for themselves or for any person, organization or third party related

to the contract in exchange for an advantage in the bidding process, bid evaluation,

contracting or implementation process related to the contract.

1.2 The 'BUYER/ EMPLOYER' will, during the pre-contract stage, treat all BIDDERS

alike and will provide to all BIDDERS the same information and will not provide any

such information to any particular BIDDER which could afford an advantage to that

particular BIDDER in comparison to other BIDDERS.

1.3 All the officials of the 'BUYER/ EMPLOYER' will report to the appropriate

Government office any attempted or completed breaches of the above

commitments as well as any substantial suspicion of such a breach.

2. In case any such preceding misconduct on the part of such official(s) is reported by

the BIDDER to the 'BUYER/ EMPLOYER' with full and verifiable facts and the same

is prima facie found to be correct by the 'BUYER/ EMPLOYER' necessary

disciplinary proceedings, or any other action as deemed fit, including criminal

proceedings may be initiated by the 'BUYER/ EMPLOYER' and such a person shall

be debarred from further dealings related-to the contract process. In such a case

while an enquiry is being conducted by the 'BUYER/ EMPLOYER' the proceedings

under the contract would not be stalled.

Commitments of BIDDERS

3. The BIDDER commits itself to take all measures necessary to prevent corrupt

practices, unfair means and illegal activities during any stage of its bid or during any

pre-contract or post-contract stage in order to secure the contract or in furtherance to

secure it and in particular commit itself to the following:-

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,

consideration, reward, favor, any material or immaterial benefit or other

advantage, commission, fees, brokerage or inducement to any official of the

'BUYER/EMPLOYER' connected directly or indirectly with the bidding process, or

to any person, organization or third party related to the contract in exchange for

any advantage in the bidding, evaluation, contracting and implementation of the

contract.

3.2 The BIDDER further undertakes that it has not given, offered or promised to give,

directly or indirectly any bribe, gift, consideration, reward, favor, any material or

immaterial benefit or other advantage, commission, fees, brokerage or

inducement to any official of the 'BUYER/ EMPLOYER' or otherwise in procuring

the Contract or forbearing to do or having done any act in relation to the

obtaining or execution of the contract or any other contract with the Government

for showing or forbearing to show favor or disfavor to any person in relation to the

contract or any other contract with the Government.

3.3* BIDDERS shall disclose the name and address of agents and representatives

and Indian BIDDERS shall disclose their foreign principals or associates.

3.4* BIDDERS shall disclose the payments to be made by them to agents/brokers or

any other intermediary, in connection with this bid/contract.

3.5* The BIDDER further confirms and declares to the 'BUYER/EMPLOYER' that the

BIDDER has not engaged any individual or firm or company whether Indian or

foreign to intercede, facilitate or in any way to recommend to the BUYER or any

of its functionaries, whether officially or unofficially to the award of the contract to

the BIDDER, nor has any amount been paid, promised or intended to be paid to

any such individual, firm or company in respect of any such intercession,

facilitation or recommendation.

3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations

or before signing the contract, shall disclose any payments he has made, is

committed to or intends to make to officials of the 'BUYER/ EMPLOYER' or their

family members, agents, brokers or any other intermediaries in connection with

the contract and the details of services agreed upon for such payments.

3.7 The BIDDER will not collude with other parties interested in the contract to impair

the transparency, fairness and progress of the bidding process, bid evaluation,

contracting and implementation of the contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice,

unfair means and illegal activities.

3.9 The BIDDER shall not use improperly, for purposes of competition or personal

gain, or pass on to others, any information provided by the 'BUYER/

EMPLOYER' as part of the business relationship, regarding plans, technical

proposals and business details, including information contained in any electronic

data carrier. The BIDDER also undertakes to exercise due and adequate care

lest any such information is divulged.

3.10 The BIDDER commits to refrain from giving any complaint directly or through any

other manner without supporting it with full and verifiable facts.

3.11 The BIDDER shall not instigate or cause to instigate any third person to commit

any of the actions mentioned above.

3.12 If the BIDDER or any employee of the BIDDER or any person acting on behalf of

the BIDDER, either directly or indirectly, is a relative of any of the officers of the

'BUYER/ EMPLOYER' or alternatively, if any relative of an officer of the

'BUYER/EMPLOYER' has financial interest/stake in the BIDDER's firm, the same

shall be disclosed by the BIDDER at the time of filing of tender.

The term 'relative' for this purpose would be as defined in Section 6 of the

Companies Act 1956.

3.13 The BIDDER shall not lend to or borrow any money from or enter into any

monetary dealings or transactions, directly or indirectly, with any employee of the

'BUYER/ EMPLOYER'.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression occurred in the last three

years immediately before signing of this Integrity Pact, with any other company in

any country in respect of any corrupt practices envisaged hereunder or with any

Public Sector Enterprise in India or any Government Department in India that

could justify bidder's exclusion from the tender process.

4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER

can be disqualified from the tender process or the contract, if already awarded,

can be terminated for such reason.

5. Earnest Money (Security Deposit)

5.1 While submitting commercial bid, the BIDDER shall deposit an amount ____ (to

be specified in Bid Document) as Earnest Money/Security Deposit, with the

'BUYER/ EMPLOYER' through any of the following instruments:

(i) Bank Draft or a Pay Order in favor of _______

(ii) A confirmed guarantee by an Indian Nationalized Bank, promising

payment of the guaranteed sum to the 'BUYER/ EMPLOYER' on demand

within 3 working days without any demur whatsoever and without seeking

any reasons whatsoever. The demand for payment by the 'BUYER/

EMPLOYER' shall be treated as conclusive proof of payment.

(iii) Any other mode or through any other instrument (to be specified in the Bid

Document).

5.2 The Earnest Money/Security Deposit shall be valid up to a period of

______ months or the complete conclusion of the contractual obligations to the

complete satisfaction of both the BIDDER and the BUYER, including warranty

period, whichever is later.

5.3 In case of the successful BIDDER, a clause would also be incorporated in the

Article pertaining to Performance Security in the Project Contract that the

provisions of Sanctions for Violation shall be applicable for forfeiture of

Performance Security in case of a decision by the BUYER/ EMPLOYER to forfeit

the same without assigning any reason for imposing sanction for violation of this

Pact.

5.4 In case of the successful BIDDER a clause would also be incorporated in the

Article pertaining to Performance Bond in the Purchase Contract that the

provisions of Sanctions for violation shall be applicable for forfeiture of

Performance Bond in case of a decision by the BUYER to forfeit the same

without assigning any reason for imposing sanction for violation of this Pact.

5.5 No interest shall be payable by the 'BUYER/ EMPLOYER' to the BIDDER on

Earnest Money/Security Deposit for the period of its currency.

6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it

or acting on its behalf (whether with or without the knowledge of the BIDDER)

shall entitle the 'BUYER/ EMPLOYER' to take all or any one of the following

actions, wherever required:-

(i) To immediately call off the pre contract negotiations without assigning any

reason or giving any compensation to the BIDDER. However, the proceedings

with the other BIDDER(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security

Deposit/Performance Bond (after the contract is signed) shall stand forfeited

either fully or partially, as decided by the 'BUYER/ EMPLOYER' and the 'BUYER/

EMPLOYER' shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any

compensation to the BIDDER.

(iv) To recover all sums already paid by the BUYER, and in case of an Indian

BIDDER with interest thereon at 2% higher than the prevailing Prime Lending

Rate of State Bank of India, while in case of a BIDDER from a country other than

India with interest thereon at 2% higher than the LIBOR. If any outstanding

payment is due to the BIDDER from the BUYER in connection with any other

contract for any other stores, such outstanding payment could also be utilized to

recover the aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty

bond, if furnished by the BIDDER, in order to recover the payments, already

made by the BUYER, along with interest.

(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall, be

liable to pay compensation for any loss or damage to the 'BUYER/ EMPLOYER'

resulting from such cancellation/rescission and the 'BUYER/ EMPLOYER' shall

be entitled to deduct the amount so payable from the money(s) due to the

BIDDER.

(vii)To debar the BIDDER from participating in future bidding processes of the

Government of India for a minimum period of five years, which may be further

extended at the discretion of the 'BUYER/ EMPLOYER.

(viii) In cases where irrevocable Letters of Credit have been received in respect

of any contract signed by the BUYER with the BIDDER, the same shall not be

opened.

(ix) To recover all sums paid in violation of this Pact by BIDDER(s) to any

middleman or agent or broker with a view to securing the contract.

(x) Forfeiture of Performance Guarantee in case of a decision by the 'BUYER/

EMPLOYER' to forfeit the same without assigning any reason for imposing

sanction for violation of this Pact.

6.2 The 'BUYER/ EMPLOYER' will be entitled to take all or any of the actions

mentioned at para 6.1(i) to (x) of this Pact also on the Commission by the

BIDDER or any one employed by it or acting on its behalf (whether with or

without the knowledge of the BIDDER), of an offence as defined in Chapter IX of

the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other

statute enacted for prevention of corruption.

6.3 The decision of the 'BUYER/ EMPLOYER' to the effect that a breach of the

provisions of this Pact has been committed by the BIDDER shall be final and

conclusive on the BIDDER. However, the BIDDER can approach the

Independent Monitor(s) appointed for the purposes of this Pact.

7. Fall Clause

7.1 The BIDDER undertakes that it has not performed/is not performing similar

project at a price lower than that offered in the present bid in respect of any other

Ministry/Department of the Government of India or PSU and if it is found at any

stage that similar project was performed by the BIDDER to any other

Ministry/Department of the Government of India or a PSU at a lower price, then

that very price, with due allowance for elapsed time, will be applicable to the

present case and the difference in the cost would be refunded by the BIDDER to

the 'BUYER/EMPLOYER', if the contract has already been concluded.

8. Independent Monitors

8.1 The 'BUYER/ EMPLOYER' shall appoint Independent Monitors (hereinafter

referred to as Monitors) for this Pact in consultation with the Central Vigilance

Commission.

.2 The task of the Monitors shall be to review independently and objectively,

whether and to what extent the parties comply with the obligations under this

Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the

parties and perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the

documents relating to the project/bidding, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this

Pact, he will so inform the Authority designated by the BUYER/EMPLOYER,

8.6 The BIDDER(s) accepts that the Monitor has the right to access without

restriction to all Project documentation of the BUYER/EMPLOYER, including

that provided by the BIDDER. The BIDDER will also grant the Monitor, upon

his request and demonstration of a valid interest, unrestricted and

unconditional access to his project documentation. The same is applicable to

Subcontractors. The Monitor shall be under contractual obligation to treat the

information and documents of the BIDDER/Subcontractor(s) with

confidentiality.

8.7 The BUYER/ EMPLOYER will provide to the Monitor sufficient information

about all meetings among the parties related to the Project provided such

meetings could have an impact on the contractual relations between the

parties. The parties will offer to the Monitor the option to participate in such

meetings.

8.8 The Monitor will submit a written report to the designated Authority of BUYER/

EMPLOYER within 8 to 10 weeks from the date of reference or intimation to

him by the BUYER/ EMPLOYER/ BIDDER and, should the occasion arise,

submit proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this pact or payment of

commission, the BUYER/ EMPLOYER or its agencies shall be entitled to examine all

the documents including the Books of Accounts of the BIDDER and the BIDDER shall

provide necessary information and documents in English and shall extend all possible

help for the purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law.' The place of performance and jurisdiction is

the seat of the BUYER/ EMPLOYER

11. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other

legal action that may follow in accordance with the provisions of the extant law in force

relating to any civil or criminal proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of its signing and extend

up to 5 years or the complete execution of the contract to the satisfaction of

both the BUYER/ EMPLOYER and the BIDDER/SELLER, including warranty

period, whichever is later. In case BIDDER is unsuccessful, this Integrity Pact

shall expire after six months from the date of the signing of the contract.

12.2 Should one or several provisions of this Pact turn out to be invalid; the

remainder of this Pact shall remain valid. In this case, the parties will strive to

come to an agreement to their original intentions.

12.3 If the BIDDER is a partnership or a consortium, this agreement must be

signed by all partners or consortium members.

13. The parties hereby sign this Integrity Pact at_______on________

BUYER/ EMPLOYER BIDDER.

Name of the Officer. CHIEF EXECUTIVE OFFICER

Designation

Deptt./MINISTRY/PSU

Witness Witness

1. ________________ 1.___________________

2. _________________ 2.___________________,

* Provisions of these clauses would need to be amended/ deleted in line with the policy

of the BUYER/ EMPLOYER in regard to involvement of Indian agents of foreign bidders.

Business

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